The URL can be used to link to this page

Home My WebLink AboutRichard Brady and Associates; 2016-09-29; TRAN1474TRAN1474 City Attorney Approved Version 7/19/17 1 of 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 AS-NEEDED DEVELOPMENT INSPECTION SERVICES This eighth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between RICHARD BRADY & ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services for private development in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated Apil 10, 2019, (“proposal”), attached as Appendix "A" for the As-Needed Development Inspection Services, (the “Project"). The Project services shall include construction management and inspection of: new development projects, water and sewer facilities, roadway improvements, storm drains, street lighting, sidewalks and similar; and monitoring and plan compliance of private development permit requirements, enforcement of local and state standards/regulatations, mitigation, and administration of subdivision and grading improvements. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred thirty (130) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on calendar days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in DocuSign Envelope ID: 15B5000A-8A6F-49DD-B7A1-508ED3AABCDE November 22, 2019 TRAN1474 City Attorney Approved Version 7/19/17 2 of 4 Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $144,150. 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. // // // // // // // // // // // // // // // // DocuSign Envelope ID: 15B5000A-8A6F-49DD-B7A1-508ED3AABCDE TRAN1474 City Attorney Approved Version 7/19/17 3 of 4 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR PRIVATE DEVELOPMENT TASK GROUP TIME & MATERIALS Private Development Construction Inspector/ Tim Stanton, EIT, QSP (refer to “Appendix A” for level of inspection and billing rate). $144,150 TOTAL (Not-to-Exceed) $144,150 CONTRACTOR RICHARD BRADY & ASSOCIATES, a California corporation RICHARD BRADY & ASSOCIATES, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Richard Brady, Chairman, CEO Christine Brady, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 15B5000A-8A6F-49DD-B7A1-508ED3AABCDE 11/22/2019 Richard Brady & Associates 2655 Camino del North, Suite 100 San Diego, CA 92108 858/496-0500 www.richardbrady.com October 11, 2019 Mr. Babaq Taj, P.E. Engineering Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Construction Management and Inspection Services for Private Development Dear Mr. Taj, Thank you for this opportunity to submit a proposal to extend our contract administration and CM/Inspection services in a staff augmentation role for Tim Stanton. PROJECT UNDERSTANDING AND SCOPE OF SERVICES BRADY will continue to provide construction administration, and construction management and inspection services to support and represent the City in the administration of Private Development projects. Private Development projects typically include developer provided public infrastructure to support new development, water and sewer facilities, roadway improvements, storm drains, street lighting, sidewalks, etc. Services will likely also include monitoring and plan compliance of private development permit requirements, enforcement of local and state standards and regulations, mitigation, and administration of subdivision and grading improvements. It is our understanding at this time that this work does not fall under prevailing wage pay requirements LEVEL OF INSPECTION AND BILLING RATE Mr. Tim Stanton, EIT, QSP will continue his role per our original task order for this assignment. He will continue to report to City of Carlsbad Public Works Facilities located at 1635 Faraday Avenue and work collaboratively with City Staff in a staff augmentation role. He will arrive at 0630 each day and will work the 9-80 (every other Friday off) schedule. It is assumed services will be provided full time at 40 hours per week Mr. Stanton’s billing rate remains at $125 per hour that will include miles and fuel. This is a non-prevailing wage rate. If he is asked to work overtime, his rate will be $180 for any hours exceeding 40 in a single work week. He will drive a BRADY provided company vehicle, a Toyota Camry with a BRADY logo. Please call me if you have any questions. Sincerely Richard Brady CEO TRAN1474 4 of 4 APPENDIX "A" DocuSign Envelope ID: 15B5000A-8A6F-49DD-B7A1-508ED3AABCDE ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/1/2019 (617) 861-8330 (617) 861-8334 44520 Richard Brady & Associates, Inc. 2655 Camino del Rio North, Suite 100 San Diego, CA 92108 A 1,000,000 EPK127421 7/1/2019 7/1/2020 500,000 25,000 1,000,000 2,000,000 2,000,000 Contractors Pol 1,000,000 1,000,000 BAS (20) 60037210 7/1/2019 7/1/2020 5,000,000A EFX113046 7/1/2019 7/1/2020 5,000,000 0 A Errors & Omission EPK127421 7/1/2019 Aggregate 2,000,000 A Pollution Liability EPK127421 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: All Operations The City of Carlsbad is Additional Insured with respect to General Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668 - ECM #35050 New York, NY 10163-4668 RICHB&AINC PRIST1 Krauter & Company 260 Franklin Street 16th Floor Boston, MA 02110 Crum & Forster Specialty Insurance Company 7/1/2020 X X X X X X X TRAN1474 City Attorney Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 3 AND AMENDMENT NO. 4 TO EXTEND THE MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RICHARD BRADY & ASSOCIATES, INC. This ratification of Amendment No. 3 and Amendment No. 4 is entered into and effective as of the _______ day of ___________________________, 2019, ratifying and extending the agreement dated September 29, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Richard Brady & Associates, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On May 24, 2017, the Parties executed Amendment No. 1 to alter the Agreement’s original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000), and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. On September 13, 2017, the Parties executed Amendment No. 2 to extend and fund the Agreement for a one (1) year term through September 29, 2018; and C. On August 20, 2018, the Parties executed Amendment No. 3 to extend and fund the Agreement for a one (1) year term through September 29, 2019; and D. The Parties have continuously performed, and continued to perform, under the Agreement although the City signatory to Amendment No. 3 lacked proper authority to sign; and E. The Parties desire to ratify Amendment No. 3 to the Agreement, retroactive to August 20, 2018; and F. The Parties desire to extend the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Amendment No. 3 to the Agreement is hereby ratified, retroactive to August 20, 2018. 2. The Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 28, 2020, on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: E32C972B-D0BF-43C3-9AEE-34CB46437430 August26th TRAN1474 City Attorney Approved Version 1/30/13 2 /// /// 5. The individuals executing this Amendment 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 Amendment. CONTRACTOR, RICHARD BRADY & ASSOCIATES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager Richard Brady / Chairman & CEO (print name/title) ATTEST: By: (sign here) For Barbara Engleson, City Clerk Christine Brady, CFO (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, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: E32C972B-D0BF-43C3-9AEE-34CB46437430 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/1/2019 (617) 861-8330 (617) 861-8334 44520 Richard Brady & Associates, Inc. 2655 Camino del Rio North, Suite 100 San Diego, CA 92108 A 1,000,000 EPK127421 7/1/2019 7/1/2020 500,000 25,000 1,000,000 2,000,000 2,000,000 Contractors Pol 1,000,000 1,000,000 BAS (20) 60037210 7/1/2019 7/1/2020 5,000,000A EFX113046 7/1/2019 7/1/2020 5,000,000 0 A Errors & Omission EPK127421 7/1/2019 Aggregate 2,000,000 A Pollution Liability EPK127421 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: All Operations The City of Carlsbad is Additional Insured with respect to General Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668 - ECM #35050 New York, NY 10163-4668 RICHB&AINC PRIST1 Krauter & Company 260 Franklin Street 16th Floor Boston, MA 02110 Crum & Forster Specialty Insurance Company 7/1/2020 X X X X X X X CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/12/19 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 Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive, Suite #1100 Miami, FL 33131-4937 CONTACT NAME: Aon Risk Services, Inc of Florida PHONE (A/C, No, Ext): 800-743-8130 FAX (A/C, No): 800-522-7514 EMAIL ADDRESS: ADP.COI.Center@Aon.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : American Home Assurance Co. 19380 INSURED ADP TotalSource FL XVI, Inc. 10200 Sunset Drive Miami, FL 33173 L/C/F Richard Brady & Associates Inc. 2655 Camino Del Rio North, Suite 100 San Diego, CA 92108 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2369202 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. LIMITS SHOWN ARE AS REQUESTED. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A X WC 080377014 CA 7/1/2019 7/1/2020 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER AS RESPECTS OF JOB PERFORMED BY RICHARD BRADY & ASSOCIATES INC. AS REQUIRED BY WRITTEN CONTRACT. All worksite employees working for RICHARD BRADY & ASSOCIATES INC., paid under ADP TOTALSOURCE, INC’s payroll, are covered under the above stated policy. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD Public Works Department Construction Managmeent & Inspection Division 1635 Faraday Ave. Carlsbad, CA 92008 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD TRAN1474 City Attorney Approved Version 7/19/17 1 of 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 AS-NEEDED DEVELOPMENT INSPECTION SERVICES This seventh Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between RICHARD BRADY & ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services for private development in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 10, 2019, (“proposal”), attached as Appendix "A" for the As-Needed Development Inspection Services, (the “Project"). The Project services shall include construction manage and inspect new development, water and sewer facilities, roadway improvements, storm drains, street lighting, sidewalk; and monitor compliance of private development permits, local, state standards and regulatations, mitigation and administration of subdivision and grading improvements. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred thirty (130) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on calendar days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually DocuSign Envelope ID: ED3A7EFC-0434-40FD-B6D2-1850839A37C1 April 23, 2019 TRAN1474 City Attorney Approved Version 7/19/17 2 of 4 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $144,150. 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. // // // // // // // // // // // // // // // // DocuSign Envelope ID: ED3A7EFC-0434-40FD-B6D2-1850839A37C1 TRAN1474 City Attorney Approved Version 7/19/17 3 of 4 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR PRIVATE DEVELOPMENT TASK GROUP TIME & MATERIALS Private Development Construction Inspector/ Tim Stanton, EIT, QSP (refer to “Appendix A” for level of inspection and billing rate). $144,150 TOTAL (Not-to-Exceed) $144,150 CONTRACTOR RICHARD BRADY & ASSOCIATES, a California corporation RICHARD BRADY & ASSOCIATES, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Richard Brady, Chariman, CEO Christine Brady, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: ED3A7EFC-0434-40FD-B6D2-1850839A37C1 4/23/2019 Richard Brady & Associates 2655 Camino del North, Suite 100 San Diego, CA 92108 858/496-0500 www.richardbrady.com Mr. Babaq Taj, P.E. Engineering Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Construction Management and Inspection Services for Private Development Dear Mr. Taj, Thank you for this opportunity to submit a proposal for contract administration and CM/Inspection services in a staff augmentation role. PROJECT UNDERSTANDING AND SCOPE OF SERVICES BRADY will provide construction administration, and construction management and inspection services to support and represent the City in the administration of Private Development projects. Private Development projects typically include developer provided public infrastructure to support new development, water and sewer facilities, roadway improvements, storm drains, street lighting, sidewalks, etc. Services will likely also include monitoring and plan compliance of private development permit requirements, enforcement of local and state standards and regulations, mitigation, and administration of subdivision and grading improvements. It is our understanding at this time that this work does not fall under prevailing wage pay requirements LEVEL OF INSPECTION AND BILLING RATE We would like to nominate Mr. Tim Stanton, EIT, QSP for this role. He will report to City of Carlsbad Public Works Facilities located at 1635 Faraday Avenue and work collaboratively with City Staff in a staff augmentation role. He will arrive at 0630 each day and will work the 9-80 (every other Friday off) schedule. It is assumed services will be provided full time at 40 hours per week Mr. Stanton’s billing rate is $125 per hour that will include miles and fuel. This is a non-prevailing wage rate. If he is asked to work overtime, his rate will be $180 for any hours exceeding 40 in a single work week. He will drive a BRADY provided company vehicle, either a Toyota Camry or Toyota Tundra truck with a BRADY logo. Please call me if you have any questions. Mr. Stanton is available to report to work on Monday, April 15, 2019. Sincerely Richard Brady CEO APPENDIX A TRAN1474 4 of 4 DocuSign Envelope ID: ED3A7EFC-0434-40FD-B6D2-1850839A37C1 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/22/2018 License # 0E67768 (619) 788-5795 50206 (619) 574-6288 44520 Richard Brady & Associates, Inc. 2655 Camino del Rio North, Suite 100 San Diego, CA 92108 24082 42471 A 1,000,000 X EPK122586 05/12/2018 05/12/2019 250,000 25,000 1,000,000 2,000,000 2,000,000 1,000,000B BAS58559275 05/12/2018 05/12/2019 Comp.: $500 Coll.: $500 3,000,000C EFX110648 05/12/2018 05/12/2019 3,000,000 0 A Prof Liab/Clms Made EPK122586 05/12/2018 Per Claim 2,000,000 A Ded.: $25k Per Claim EPK122586 05/12/2018 05/12/2019 Aggregate 4,000,000 Re: RFQ18-420TRAN - CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 5 PROJECT City of Carlsbad is Additional Insured with respect to General Liability per the attached endorsement as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad Public Works Department Construction Management & Inspection Division 1635 Faraday Ave. Carlsbad, CA 92008 RICHBRA-02 AUSTINA IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Ali Smith Ali.Smith@ioausa.com Crum & Forster Specialty Insurance Company Ohio Security Insurance Company Crum & Forster Insurance Company 05/12/2019 X X X X X X X X X DocuSign Envelope ID: A6D675C0-18F6-4CEE-B3E3-D90F89C06400 TRAN1474 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 LA COSTA AVENUE STORM DRAIN IMPROVEMENT, PROJECT NO. 6602 This Sixth Project Task Description and Fee Allotment, is entered into on ____________ oe_c_e_m_b_er_3_,_2_0_1_s_, pursuant to an Agreement between Richard Brady & Associates, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Inspection Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated August 14, 2018, ("proposal"), attached as Appendix "A" for the La Costa Avenue Storm Drain Improvement Project No. 6602, (the "Project"). 2. PROGRESS AND COMPLETION 3. Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $43,255.00. City Attorney Approved Version 7 /19/17 DocuSign Envelope ID: A6D675C0-18F6-4CEE-B3E3-D90F89C06400 TRAN1474 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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. City Attorney Approved Version 7 /19/17 2 DocuSign Envelope ID: A6D675C0-18F6-4CEE-B3E3-D90F89C06400 TRAN1474 TABLE 1 FEE ALLOTMENT La Costa Avenue Storm Drain Crossing Project No. 6602 TASK GROUP Tim Stanton, EIT, RE/Inspector Javier Saunders, Project Director TOT AL (Not-to-Exceed) CONTRACTOR RICHARD BRADY & ASSOCIATES, a California corporation (name of Contractor) By: (sign here) Richard Brady, Chairman, CEO (print name/title) TIME & MATERIALS $39,440 $3,315 $43,255 RICHARD BRADY & ASSOCIATES, a California corporation By: (name of Contractor) (sign here) Christine Brady, CFO (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: ___ 1_2_f_3f_2_0_1s _____ _ For Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: c;2o,., ~? -------,--~---e----A s sis tan t city Attorney City Attorney Approved Version 7/19/17 3 DocuSign Envelope ID: A6D675C0-18F6-4CEE-B3E3-D90F89C06400 Mr. Babaq Taj City of Carlsbad 1635 Faraday Avenue Carlsbad.California 92008 BRADY TRAN1474 August 14, 2018 Subject: Construction Management and Inspection Support Services for City of Carlsbad La Costa Avenue-Storm Drain Improvements Project No. 6602 Dear Mr. Taj Thank you for this opportunity to submit a proposal for CM/Inspection services for the La Costa Ave Storm Drain improvement and restoration project under BRADY's As-Needed CM Services Master Service Agreement TRAN1474 PROJECT UNDERSTANDING ANO SCOPE OF SERVICES The contract work includes the removal of existing curb inlets and the addition of new curb inlets and 18- inch storm drain system that will improve drainage and reduce ponding on La Costa Avenue approximately 600 feet east of Piraeus St. The storm drain will redirect flow to La Batiquitos Lagoon. To improve water quality, the storm drain system will include a Bioclean curb inlet system. Work includes utility pot-holing, traffic control, shoring, pipeline installation, paving overlay and striping, and restoration of the outfall area with natural habitat. BRADY proposes Mr. Tim Stanton, EIT QSP as the CM/inspector. He is experienced providing CM/inspection services for public utility systems, paving, curb and gutter, and other public right-of-way improvements. Services to be provided include, attending or leading weekly construction meetings, daily communication with the contractor, monitoring quantities and preparing payments for Carlsbad's CM Team, reviewing and monitoring the construction schedule, and coordinating with City staff, the public and permit agencies. Material furnished and work performed by the contractor will be inspected. Inspection will also include daily reports and photos. Tim will provide inspection services for restoration of the storm drain headwall construction area along Batiquitos Lagoon. Special inspection services will be coordinated thru the City's As-Needed Testing Contract. Document Control will incorporate the use of the City's VPM web based software system. Tim is proficient in the use of VPM. Documentation including project photos, daily reports, and submittals will be uploaded to VPM. The estimated contract amount is $200,000. The contract duration is 35 working days (7 weeks). Construction working hours on La Costa Avenue is from 8:00 PM to 4:00 AM (night work). Based on our experience, we propose to staff the project at approximately 20 hours a week during weeks 1-3 for submittal review, and pre-construction services. Thereafter we anticipate full time inspection. As required by the project plans, construction and inspection services will occur in the evenings from 8:00 PM to 5:00 AM. Richard Brady & Associates 2655 Camino del Rio North, Suite 100 San Diego, California92108 858/496-0500 www.richardbrady.com DocuSign Envelope ID: A6D675C0-18F6-4CEE-B3E3-D90F89C06400 TRAN1474 BRADY LEVEL OF INSPECTION AND FEE For proposal purposes, NTP is assumed September 15, 2018. In addition to the contract duration of 35 working days, two weeks (10 working days) will be provided for punch-list completion and project close- out. Part-time 20 hour a week effort assumed for weeks 1-3, which includes participation in a kick- off meeting, pre-construction conference, submittal review phase and schedule review along with Carlsbad Staff coordination. • Full-time inspection through construction weeks 4 thru 7. • Two-week close-out part-time. We believe this part-time approach at the start will provide a cost-effective level of service and assist in meeting the City's budget BRADY proposes to provide the above services for the total "not-to-exceed" fee of $43,255.00. A breakdown of the proposed fee is presented for your information to be used in evaluating this proposal. Fees will be invoiced monthly, based on actual hours of work completed and in accordance to BRADY Master Agreement. EIT $145.00 272 $39,440 40 148 Javier Saunders PE Pro·ect Director $195.00 17 $3,315 8 5 0 $0 ODC's 0 $500 Sub-Total $43,255 Ke Personnel Labor Total 289 48 153 ASSUMPTIONS AND EXCLUSIOS Our scope of services is based on the following assumptions and exclusions: Direct costs of vehicle, transportation, and standard inspection equipment is included in hourly rates. Daily reports will be entered into VPM by the end of each week. Fee is based on 35 working day contract duration plus 2-week closeout. Delay in the project or additional time granted to the contractor may require additional services. Fee does not include claim mitigation beyond normal assistance. Additional services may be required for claims or delays that extend contract duration or the need to bring additional resources. Night-time inspection work is subject to prevailing wages. Overtime inspection is subject to prevailing wages California Labor Code Section 1772. Overtime is 1.5 times hourly rate. Weekends/holidays 2 times hourly rate. Monthly Status Report provided with monthly invoice. Richard Brady & Associates 2655 Camino del Rio North, Suite 100 San Diego, California 92108 858/496-0500 www.richardbrady.com 84 4 88 DocuSign Envelope ID: A6O675C0-18F6-4CEE-B3E3-D90F89C06400 BRADY TRAN1474 We look forward to the opportunity to assist the Carlsbad CM team on the La Costa Avenue Strom Drain Project. We are available at your convenience to discuss our proposed fee or address any project questions you may have. Sincerely j, (~1flli~ Javier safn'd~rs, PE \ /Executive Vice-President ~ 619.861.8872 jsaunders@rbrady.net BRADY Richard Brady & Associates 2655 Camino del Rio North, Suite 100 San Diego, California92108 858/496-0500 www.richardbrady.com TRAN1474 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 6001-17SS, 2017 SLURRY SEAL This 5th Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Richard Brady & Associates, Inc., ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management & inspection services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated September 21, 2018, (“proposal”), attached as Appendix "A" for the 2017 Slurry Seal Project, Project No. 6001-17SS, (the “Project"). The Project services shall include construction management and inspection support services for the Project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 5 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 60 working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials basis. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $32,785. DocuSign Envelope ID: F98DD4E7-9339-44F6-917E-417CBD19F70A October 11, 2018 TRAN1474 City Attorney Approved Version 7/19/17 2 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. /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: F98DD4E7-9339-44F6-917E-417CBD19F70A TRAN1474 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT Additional Construction Management & Inspection Services for 2017 Slurry Seal TASK GROUP TIME & MATERIALS Additional Construction Management & Inspection Services for 2017 -18 Slurry Seal Project $32,785.00 TOTAL (Not-to-Exceed) $32,785.00 CONTRACTOR Richard Brady & Associates, Inc. a California corporation CONTRACTOR Richard Brady & Associates, Inc. a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Richard Brady / Chairman, CEO Christine Brady / CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: F98DD4E7-9339-44F6-917E-417CBD19F70A October 11, 2018 TRAN1474 Appendix "A"DocuSign Envelope ID: F98DD4E7-9339-44F6-917E-417CBD19F70A TRAN1474 Appendix "A"DocuSign Envelope ID: F98DD4E7-9339-44F6-917E-417CBD19F70A TRAN1474 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 3 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RICHARD BRADY & ASSOCIATES, INC. This Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2018, extending and amending the agreement dated September 29, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Richard Brady & Associates, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On May 24, 2017, the Parties executed Amendment No. 1 to alter the Agreement’s original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000), and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. On September 13, 2017, the Parties executed Amendment No. 2 to extend and fund the Agreement for a one (1) year term through September 29, 2018; and C. The Parties desire to extend and fund the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2019, on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// DocuSign Envelope ID: 64608F96-22AC-4F78-9DE9-AE134B34B01B 20th August TRAN1474 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR, RICHARD BRADY & ASSOCIATES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) For Scott Chadwick / City Manager Richard Brady / CEO & Chairman (print name/title) ATTEST: By: (sign here) FOR BARBARA ENGLESON Richard Brady / CFO City Clerk (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, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 64608F96-22AC-4F78-9DE9-AE134B34B01B ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/22/2018 License # 0E67768 (619) 788-5795 50206 (619) 574-6288 44520 Richard Brady & Associates, Inc. 2655 Camino del Rio North, Suite 100 San Diego, CA 92108 24082 42471 A 1,000,000 X EPK122586 05/12/2018 05/12/2019 250,000 25,000 1,000,000 2,000,000 2,000,000 1,000,000B BAS58559275 05/12/2018 05/12/2019 Comp.: $500 Coll.: $500 3,000,000C EFX110648 05/12/2018 05/12/2019 3,000,000 0 A Prof Liab/Clms Made EPK122586 05/12/2018 Per Claim 2,000,000 A Ded.: $25k Per Claim EPK122586 05/12/2018 05/12/2019 Aggregate 4,000,000 Re: RFQ18-420TRAN - CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 5 PROJECT City of Carlsbad is Additional Insured with respect to General Liability per the attached endorsement as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad Public Works Department Construction Management & Inspection Division 1635 Faraday Ave. Carlsbad, CA 92008 RICHBRA-02 AUSTINA IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Ali Smith Ali.Smith@ioausa.com Crum & Forster Specialty Insurance Company Ohio Security Insurance Company Crum & Forster Insurance Company 05/12/2019 X X X X X X X X X ACC>DRV CERITIFICATE OF LIABILITY INSURANCE 06/05/18 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 CONTACTAon Risk Services, Inc ot Florida NAME: .......Aon Risk Services, Inc of Florida 1001 Briclrell Bay Drive. Suite #1100 PHONE F iAX -------- Miami, FIL 33131-4937 [A/C, No, Ext): 800-743-8130 (A/C, No): 800-522-7514EMAIL -ADDRESS: ADP.COI.Centerp.Aon.com ______ INSURER(S) AFFORDING COVERAGE I NAIC # _____________________________________________________INSURER A: American Home Assurance Co 19380 INSURED INSURER B:ADP TotalSource FIL XVI, Inc,10200 Sunset Drive INSURER C: Miami, FL 33173 LJC/F INSURER D:_______ Richard Btrady & Associates. Inc.INUEE:________2655 Camino Del Rio North, Suite 100 ISRRE Sen Diego, CA 92108 INSURER F: COVERAGES CERTIFICATE NUMBER: 1993383 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. LIMITS SHFCWIN ARE AS REQUJESTED INSR1 YEO NUAC ADDISUBR PLC BR POLICY EFF POLICY EXP LMTLTR TPOFISRNEINSR IWVD POLICYYYY NUMBER D LIMIT CMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ Af DAMAE TO RENECLAIMS-MADE. LJ OICCUR _PREMISES lEe ccrrnce) $ MED EXP (Any one parson) $ PERSONAL & ADV INJURY $ GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY E-1 PROJECT I7] LOG PRODUCTS -COMPIOP AGO $ OTHER ___________$ COMBINED SINGLE LIMITAUTOMOBILE LIABILITY I(Ea accident) $ ANAUT BODILY INJURY (Per person) $ AUTOS ONLY AUITOS BODILY INJURY (Per accident) $HIRED I!NON-OWNED 1 PROPERTY DAMAGEAUTOS ONLY ;1 AUTOS ONLY i (Per accident) $ __ _ 1 __ _ _ _ _ _ $ UMBRELLA LIAB IOCCUR EACH OCCURRENCE $ EXCESS LIAB I CLAIMS-MADE iAGGREGATE $ DE IlIRETENTION$ WORKERS COMPENSATION PR0HAND EMPLOYERS' LIABILITY YIN AX STATUTE ERI A ANY PROPRIETORiPARTNER/EXECUTIVE WC07111C 7121 1/09 ..EC CIDN ,0,0OFFICER/MEMBER EXCLUDED? IN IA X W 4081 A7121 //09 E.ECACDN ,0,0 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEEI $ 2,000,000If yes, describe under __DSRIPTION OF OPERATIONS below _____________________E.L. DISEASE -POLICY LIMIT 1$ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) See attached Certificate Holder Cancellation Notice.All workeite employees working for RICHARD BRADY & ASSOCIATES, INC., paid under ADP TOTALSOURCE, INC's payroll, are covered under the above stated policy.WAIVER OF SUBROGATIO IN FAVOR OF CERTIFICATE HOLDER AS RESPECTS OF JOB PERFORMED BY RICHARD B3RADY & ASSOCIATES, INC. AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION City of Carlsbad I CMWO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREIcPo. Bx In868nc ECmplac #3 rv050 ACCOXRDACTITH DTE POLCYERFOVINS.E ELVEEDI New York<, NY 10163-4668 ACRAC IHTEPLC RVSOS[ _ _ _ _ _ _ _ _ AUTHORIZED REPRESENTATIVE 9 ff~ ~ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD rl- _Or=1018121 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy Unless a different date is indicated below. (The following" attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement. Effective on 07/01/2018 at 12:01 AM, forms a part of Policy No. WC 047018111 Issued to: ADP TotalSource IFL XVI, Inc. By: American Home Assurance Co. 10200 Sunset Drive Miami, IFL 33173 LIC/F Richard Brady & Associates, Inc. 2655 Carnino Del Rio North Suite 100 San Diego, CA 92108 Premium: N/A 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 Additional Premium Percent% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Carlsbad / CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4688 -ECM #35050 New York, NY 10163-4668 WC 04 03 06 Countersigned by (Ed. 4-84) Authorized Representative 1018121 POLICY HOLDER NOTICE CERTI7FICATE HOLDER CANCELLATI ON NOTI CE SCI*EI)UTLE Should this policy be cancelled before the expiration date hereof, the producer will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to do so shall impose no obligation or liability of any kind upon the insurer, the producer, or the respective agents or representatives of each. SCHEDULE: CERTI FICAI'E HO.LDERS AS IDENTIFIED ON THE MOST RECENT QUARTER-LY SCHEDULE OF CERT1IFICATE HOLDERS PROVIDED BY THE INSURED'S BROKER OF RECORD TO0 THE IN SURER. -1018121 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 6617 TRAN1474 and Fee Allotment, is entered into on =-:-=:-:>-:~~2'.'-'::~~~"="""=~~~~~'-:--=-------=-----:-:-:=--' pursuant to an Agreement between RICHA RAD & ASS CIATES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Inspection Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated March 27, 2018, ("proposal"), attached as Appendix "A" for the Drainage Master Plan Project BCA (Tamarack, Park & Monroe), (the "Project"). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hund~ed fifty (150) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $168,640.00. City Attorney Approved Version 7 /19/17 TRAN1474 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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. City Attorney Approved Version 7 /19/17 2 TRAN1474 TABLE 1 FEE ALLOTMENT Drainage Master Plan Project BCA (Tamarack, Park & Monroe) TASK GROUP Dallas Poore, CCM Ron Brady, Paving Inspector Javier Saunders, Project Director TOT AL (Not-to-Exceed) CONTRACTOR Richard Brady & Associates TIME & MATERIALS $153,900 $6,000 $8,740 $168,640 Richard Brady & Associates (name of Contractor) By:<{):d- (sign here) krrtvi.i.( ~,.,.-:-fk. Sec:,rttc..,1 (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: -----l,,,fja:~i...._~-~~~,,____ Deputy City Attorney Date: _Lj+-")'---,z._y_,___.._[_S __ _ City Attorney Approved Version 7 /19/17 3 March 27, 2018 Mr. Steve Didier Municipal Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 BRADY Appendix "A" Re: Construction Management and Inspection Support Services for the Drainage Master Plan Project, Tamarack, Park, and Monroe Street. Contract No. 6001, 6608, and 6617. Dear Mr. Didier Thank you for this opportunity to submit a proposal for CM/Inspection services for the drainage improvements and paving overlay for Tamarack, Park, and Monroe Street. PROJECT UNDERSTANDING AND SCOPE OF SERVICES The project consists of approximately 3,000 linear ft. of new 18 thru 36-inch reinforced concrete pipe (RCP) starting from the upstream 18-inch cleanout on the intersection of Monroe and Sunnyhill Dr. and terminating at the existing 48-inch storm drain -on Tamarack and James Dr. In order to create a new comprehensive storm drain system and improve the overall drainage basin, the work includes nine (9) new curb inlets and small diameter storm drain connections to the new storm drain system. After pipeline installation, the streets will receive a new paved overlay. The City Council awarded the construction contract to Orion Construction, in the amount of $1,859,895. The contract duration is 150 working days or approximately 30 weeks. Construction and NTP is scheduled to start June 18. The project Pre-Con is anticipated mid to late April. In order to efficiently complete the project, a majority of the submittal review process will occur between the Pre-Con and NTP. BRADY has extensive experience providing construction management /inspection and design services on similar projects including large diameter pipelines, ADA curb ramps, paving overlays, and water/wastewater facilities. BRADY is providing the City with resumes for Mr. Dallas Poore, CCM and Mr. Tim Stanton, EIT QSP, both are experienced in pipeline and public infrastructure construction and available to perform the services. Our team will provide CM/inspection services including attending or leading bi-weekly construction meetings, daily communication with the contractor, monitoring quantities and preparing payments for Carlsbad's CM, reviewing and monitoring the construction schedule, and reviewing change order requests for merit. BRADY will utilize the City's VPM document control system to log and track submittals, RFl's, progress meetings, reports, daily reports and photos. Inspection will include, daily reports and photo documentation, traffic control monitoring, proactive SWPPP inspection, coordinating with City's As-Needed Testing firm for pipe backfill and trench compaction along with concrete and asphalt sampling. CM/ inspector will interface actively with the contractor and the city construction management team including the City's Richard Brady & Associates 2655 Camino del Rio North, Suite 100, San Diego, CA 92108 www.richardbrady.com 858/496-0500 BRADY Appendix "A" community outreach consultant. BRADY will provide a monthly status update and project look- ahead to keep City management and the public outreach consultant informed of progress. For pavement quality assurance, BRADY will provide a paving inspector specialist, Mr. Ron Brady to assist in the paving inspection. Ron is currently providing inspection services to the City for the 2017 Slurry Contract. The slurry contract includes Tamarack Ave up to Park Dr. or adjoining the limits of the Tamarack drainage improvement contract. Also included in the services is a constructability review to be performed prior to the start of construction. In order to efficiently staff and budget the project, we propose to staff the project at 16 hours a week during the submittal process period and full time for Phase 2 construction from Station 10+00 to 22+ 70. Beginning September 1, services will be trimmed three-quarter time and half- time the last three months of the project. LEVEL OF INSPECTION AND FEE For proposal purposes, NTP is assumed mid to late April 2018. Contract period is 150 working days (30 weeks). Staffing will be provided as follows: • Part-time 16-hour per week assumed from Pre-con to NTP. Participation in a kick-off meeting with city team, pre-construction conference, constructability review, submittal review phase, track and log submittals, track and log RFl's, baseline schedule review. • Full-time CM/inspection services June 18 to September 1. Tasks will include but not limited to bi-weekly meetings with the contractor, field inspection, daily reports and progress photos. • September 1 to October 31-three-quarter time or approximately 28 hours a week of CM/Inspection services • November 1 to January 31-half time CM/inspection services. We believe this approach will provide a cost-effective level of service and fit into the City's budget. It should be noted that BRADY's CM/inspector is available to City Staff and the contractor on a 24-hour basis to address citizen or construction concerns. Dollars $153,900 $6,000 $8,740 12 4 6 6 4 4 4 $0 0 $0 0 $0 0 $0 Sub-Total $168,640 2 ey Personnel -Labor Total 1112 0 36 68 126 174 176 118 136 106 BRADY proposes to provide the above services for the total "not-to-exceed" fee of $168,640.00. A breakdown of the proposed fee is presented for your information to be used in evaluating this proposal. Fees will be invoiced monthly, based on actual hours of work completed and in accordance to our Master Agreement. Richard Brady & Associates 2655 Camino del Rio North, Suite 100, San Diego, CA 92108 www.richardbrady.com 858/496-0500 2 86 2 86 BRADY Appendix "A" ASSUMPTIONS AND EXCLUSIONS Our scope of services is based on the following assumptions and exclusions: • Direct costs of vehicle, transportation, and standard inspection equipment is included in hourly rates. • Daily reports will be submitted into the City VPM system by the end of each week. • Fee is based on 150 working day contract duration. Delay in the project or additional time granted to the contractor may require additional services. • Fee does not include claim mitigation beyond normal assistance as outlined in scope of services. Additional services may be required for claims or delays that extend contract duration or the need to bring additional resources. • Overtime inspection is subject to prevailing wages California Labor Code Section 1772. Overtime is 1.5 times hourly rate. Weekends/holidays 2 times hourly rate. BRADY will make provisions to avoid OT when appropriate and reasonable. We look forward to the opportunity to assist the Carlsbad CM team on the drainage Improvement and paving project. We are available at your convenience to discuss our proposed fee or address any project questions you may have. s:nce:)tvv--- r Saunders, PE President/Senior Project Manager 619.861.8872 jsanders@rbrady.net BRADY Richard Brady & Associates 2655 Camino del Rio North, Suite 100, San Diego, CA 92108 www.richardbrady.com 858/496-0500 RICHBRA-02 AUSTINA ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/6/2018 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 22~I~cT Ali Smith IOA Insurance Services FitJ8~:o, Ext): (619) 788-5795 50206 I FAX 4370 La Jolla Village Drive (AIC,No):(619) 574-6288 Suite 600 it1lJ~ss: Ali.Smith@ioausa.com San Diego, CA 92122 INSURER/Sl AFFORDING COVERAGE NAIC# INSURER A ,Crum & Forster Specialty Insurance Company 44520 INSURED INsuRERB ,Ohio Securitv Insurance Company 24082 Richard Brady & Associates, Inc. INSURERC: 2655 Camino def Rio North, Suite 100 INSURERD: San Diego, CA 92108 INSURERE: INSURER F: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN<:D WVD tMM/DD/YYYYl IMM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [Kl OCCUR DAMAGE TO RENTED 500,000 X EPK116909 05/12/2017 05/12/2018 PREMISES (Ea occurrencel $ MED EXP (Anv one person) $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 =7 POLICY [Kl j'r8i= D Loe PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY (E~~~b~~~llNGLE LIMIT $ 1,000,000 ·- X ANY AUTO BAS57236089 05/12/2017 01/14/2018 BODILY INJURY /Per person\ $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident\ $ --HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accidentl $ x Comp .. $500 x Coll .. $500 $ A UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 3,000,000 -EFX107390 05/12/2017 05/12/2018 3,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ ./ OED I X I RETENTION$ 0 $ WORKERS COMPENSATION I PER I I OTH-AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Prof Liab/Clms Made EPK116909 05/12/2017 05/12/2018 Per Claim 2,000,000 A Ded.: $25k Per Claim EPK116909 05/12/2017 05/12/2018 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Operations City of Carlsbad is Additional Insured with respect to General Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER 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. City of Carlsbad/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services (.~~~.t& PO Box 4668 -ECM #35050 lr.lnw Ynrk NY 1010::'LA0:0:R ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Richard Brady & Associates Policy Number: EPK116909 Cru,n.:;:tForster •-·· .c,-: ·._ paa or chc F'i'iTfi:i,·i\x grot,p THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Location And Description Of Completed Organization( s ): Operations Where Required by Written Contract Where Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section Ill -Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". EN0320-0211 Named Insured: Richard Brady & Associates Policy Number: EPK116909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s): Where Required By Written Contract SECTION Ill -WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by your ongoing operations performed for that person or organization by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0116-0211 Named Insured: Richard Brady & Associates Policy Number: EPK116909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s): Where Required By Written Contract SECTION Ill -WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused, in whole or in part, by "your work" or out of premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0112-0211 Named Insured: Richard Brady & Associates Policy Number: EPK116909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Name of Person(s) or Organization(s) Information required to complete this Schedule, if not shown above, will be sho\Ml in the Declarations. SECTION VI -COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or organization(s) indicated in the Schedule sho\Ml above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of your ongoing operations or "your work" performed under a written contract with that person(s) or organization(s) and included in the "products- completed operations hazard". However, this waiver shall not apply to "damages" resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Named Insured: Richard Brady & Associates Policy Number: EPK116909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS UABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract A. SECTION Ill -WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of "your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 TRAN1474 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 Project Task I scription and Fee Allotment, is entered into on ~l..3r.::.~-"'"::w........1,_+.!-....ia.~~~~-------' pursuant to an Agreement between RICHAR BRAD & ASSOCIATES, a California corporation, ("Contractor'1 and the CITY OF CARLSBAD, ("City'1 dated September 29, 2016, (the "Agreement'), the tenns of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Inspection Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 19, 2018, ("proposaiu), attached as Appendix "A" for the Private Development Inspection Services, (the "Project'l 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 'Working Day'' of the standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the tenn or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that perfonnance of any and all tasks by the Contractor constiMes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City' directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $56,400. City Attorney Approved Version 7/19/17 TRAN1474 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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. City Attorney Approved Version 7/19/17 2 TRAN1474 TABLE 1 FEE ALLOTMENT PRIVATE DEVELOPMENT INSPECTION CONTRACTOR RICHARD BRADY & ASSOC IA TES, a California corporation (name of Contractor) If Contractor is a corporation, this document must be signed by one Individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. icipal corporation of the State of California By: Date: _1~/(~S ~j/_e, __ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ------------Deputy City Attorney City Attorney Approved Version 7/19/17 3 Mt. Scot:t Fisher, P.E. City of carlsbad 1635 Faraday Avenue Carlsbad, callfomla 92008 Exhibit "A" BRADY TRAN1474 January 19, 2018 Subject: Construction Management and Inspection Services for Prlyate Devel~pment Dear Mr. Asher; Thank you for this opportunity to submlta proposal for contract administration and CM/Inspection services for As-Needed Development Projects. PROJECT Ur,IDeRSTANDING AND SCOPE OF SERVICES BRADY will provide construction administration, and construction management and Inspection services to support and represent the City in administration of Private Development projects. Priyate Development projects include developer provided public lnfrasturtre to support new development, water and sewer facilities, roadway Jmprovements, storm drains, street lighting, sidewalks, etc.. Services also Includes monitoring and plan compliance of private development permit requirements, enforcement of local and state standards and regulations, mitigation,, and administration of subdMsion and grading Improvements. A detailed list of services Is Included In Exhibit" A". LEVEL OF INSPECTION AND FEE Mr. Dallas Poore, CCM W.111 be the Private Development Construction manager and inspector administrating Private Development Permits and services. He will report to City of carlsbad Public Works Fac;illtles located at 1Q35 Faraday Avenue ,and work collaboratively with City Staff in a staff .,iugmentation role. lt is assumed services will be provided as half-time approximately 20 hours per week Mr. Poore's billing rate is $155.00 per hour. City of carlsbad Development Construction Management and Administration Services 20 BRADY proposes to provide the above services for the total '1not-to-exc;eeg" fee of $Sp,400.00. AISQ Included Is 20 hours for Mr. Saunders for Project Management and Technical Support As-Needed and Richard Brady & Associates 2656 Camino del North, SuHe 100 San Diego, CA 921D8 858/496-0500 www.~racty.com 4 TRAN1474 BRADY 20 hours of As-needed Specialty lnspe~ion to Include electlical ,and/pr structural support. Specialty inspection services will not be used or bilf.ed if not require~. ASSUMPTIONS AND EXc;LUSIONS Our SCOJ)e of services is based _on the followlng assumptions and exclusions: • Direct costs of vehicle, transportation, computE!rs rand sta11dard inspection eqL1ipment Is included in hourly rates. • Dally reports wlll be provided to the City at the end of each week or dally If requested. • Fee are based on a time and material basics. • overtime inspection Is subject to prevalnrig wages California Labor Code Section 1n2. Overtime Is 1.5 times hourly rate. Weekends/holidays 2 times hourly rate. Should the City have any <;:omments, ple·;;ise feel free_ to contact me at isaunders@rbrady.r)et or 619.861- 8872. We look forward to the opportunity to asset and support the City in administrating new development permits and projects. Sincerely Attachments: ~!bit A Richard Brady & Associates 2655 Gamino del North, Suite 100 San Diego, CA 92108 858/496-0600 5 www.rlchardbrady.com TRAN1474 Exhibit "A" Private Development Inspection Services SCOPE OF WORK: Contractor shall provide Senior Construction Inspector to perfonn construction management, contract administration and Inspection services for private development projects as-needed. Construction Management Services shall include: • Managing required permit compliance associated wtth private development projects. • Managing right-of-way, traffic control, haul route, and other pennits required to be obtained by the developer as part of the private development project. Contract Administration Services shall include: • Monitoring expirations of grading permits. • Monitoring expiration of subdivision improvement agreements and development improvement agreements. • Preparing permit extension letters for grading pennits and improvement agreements. • Preparation of security reduction and release paperwork. Inspection Services shall include: • Verify improvements are constructed per approved plans and supporting technical documents. • Verify improvements are constructed per the City of Carlsbad's Inspection Manual. • Inspection, and preparation of daily inspection reports, for infrastructure including, but not limited to: sanitary sewer mains, laterals and appurtenances; potable water mains, laterals and appurtenances; stonn drain conveyance systems; recycled water systems; grading and earthwork operations; asphalt and concrete paving; curbs and gutters; roadway lighting; and roadway signage improvements. • Inspection and report preparation in compliance with all NPDES permit requirements. CESSWI and QSP certifications are highly desirable. 6 ~ RICHBRA-02 LYNNA ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (Mll,00/YYYY) ~ ,, 5/10/2017 THIS CERTIFICATE 18 ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY· OR NEGA11VELY AMEND, EXTEND OR ALTER THE ~GE 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. . ' IIIPORTANT: If the certificate holder la an ADDITlONAL INSURED, the poUcy(lea) must have ADDmONAL 1NSURED provisions or be e_ndol'Md. If SUBROOA TION IS WAIVED, aubfact to the terms and conditions of tha pollcy, certain poBciN may require an endorsement. A statement on this certificate does not confer r1ahts to the certificate holder In Deu of such endo . al. . . · PROOUCeR Ucenae 'I# 0E67788 ~ ~ All Smith IOA Insurance Services j l i:.._ Rvtt-(619} 7~796 50206 If~ No):(619) &7.u288 4370 La Jolla VIRage Drtve Suite 600 · 1 ... AU.Smltha!lbausa.com San Diego, CA 92122 I --ll&lr, • ,....,,,._A-Crum & ForsterS .. Insurance Comnanv 44520 IHSURl!D , .. ,.,,,._ e -Ohio Secul1tv lrisul'llnce Comoanv 24082 Rlcha,:d Brady & Aaaoclate8 ,....,_c, 3710 Ruffin Road ., ,....,_o, -~ San Diego, CA 92123 INSURERE: /, ~ . INSURERF: COVERAGES c.,;~ ·-::.-;::: NI 1ucio:o. REVISION IUI IIIR~A; THIS IS TO CERTIFY THAT TI-IE POLIC1ES OF INSURANCE LISTED. BELOW HAVE BEEN ISSUED TO TI-IE INSURED NAMED AB<JVE FOR TI-IE POLICY PERIOD INDICATED. NOTWTHSTANDING .ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTI-IER DOCUMENT WTH RESPECT TO 'MIICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TI-IE INSURANCE AFFORDED BY TI-IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI-IE TERMS, EXCLUSIONS AND CONDITIONS OF SU.CH POLICIES. LIMITS SHOw.l MAY HAVE BEEN REDUCED BY PAID CLA"4S. . . IN8R iwear~ -POUCY NUMBeR ~l:f'f -~u.i: ITR "~ wun Willi A X COUUl!RQAL GBH6RAL LIASIJTY EACH QCCURRFNr.P ' 1,000,000 f-~ ClAJMS-MADE []] QCCUR ~~~~--500,000 X EPK116909 05/12/2017 05112/2018 s f-10,000 MED EXP 1/vri one oersonl s - ~~-, .. &AOVIN.~ll>V' s 1,000,000 -2,000,000 ~=rn ~IT TI PER n~,.l~TE ' POLICY X ~ LOC P<>l">rllJCTS -l".l"IUPll"IP ..,,,, s 2,000,000 OTHER-' s B AUT0fllOBO..E LIABIUTY CUMMJNEO SINGLE LIMIT · 1,000,000 ll=A-• s -X l>NYAUTO IBAS57236089 05112/2017 0&'12/2018 BODILY I., ffJRY '"""°""""'' • - ~ONLY -~LED Rl'V11L y "" I 'RY -. I - ·-___,.r;J>JIAGE eCN.Y Mr& s X $60() x • A UIIBRB.LA UAS ~OCClR S::.l.r"'J-1~•~~ s 3,000,000 X EXCESS LIAS CLAJ~ IEFX107390 OS/12/2017 05/12/2018 ,.,,.,,,.,,,,.TE I 3,000,000 OED I X I RETENTION s 0 s ~~ lmnm: I I WJH· Y/N ~ARTNERIEXECUWE D N/A. CI c•ri., ACaDENT s EXCLUDED? ' ' c:·1 N<>,a=. EA El,IPI rwcc s 11.,...,~'W' -.• hAlno, C:1 """'"=-POUCVIILIIT I A Prof!.....;;_ __ ,,.. Made EPK118808 05/12/2017 OS/12/2018 PerClalm 2,000,000 A Ded.: $2& Per Clalm EPK118809 0&'12/2017 05112/2018 Aggregate 4,000,000 Dl!SCRIPTION Cl' OPERATIOHS /LOCATIONS/ VEHICLES (ACORD 101, Addlllonal R1llnwb Scbeda, ,nay be~ II' mon space la raqldred) Re: All Operations City of Carlsbad Is Additional Insured with respect to General Uablllty per the attached endorsements as required by wrttten contract. Insurance Is Prlmaiy and Non-Contrlbutory. . . . 30 Days Notice of Cancellatlon with 10 Days Notice for Non-Payment of Premhnn In accordance with the poDcy provisions. . City of Cartsbad Pilbllc Works Department . Construction Management & Inspection Division 1835 Faraday Ave. ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCREED POUCE8 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WU. BE DELIVERED IN ACCORDANCE WITH TliE POLICY PROVISIONS. C 1988-2015 ACORD CORPORATION. All rights reaerved. The ACORD name and logo are registered marlas of ACORD 1. I I j / Named Insured: Richard Brady & Associates Polley Number. EPK116909 THIS ENDORSEMENT CHANGES ntE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED~ OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE· Name of Additional Person(s) or Location And Description Of Com plated Oraanization(s): Ocerations Where Required by Written Contract Where Required by Written Contract Information reaulred to complete this Schedule, If not shown above, wlU be shown In the .Declarations. A. Section Ill -Who Is An Insured within the Common Provisions is amended to include as an Insured the person(s) or organization(s) shown in the Schedule, but only with respect to llabHlty for "bodily Injury" or 0 property damage" caused, In 1whole or in part, by "your work" at the location designated and described in 1he schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". EN0S20-0211 Named Insured: Richard Brady & Associates Policy Number. EPK116909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS ONGOING OPERATIONS I This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORSANDOMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION UI\BILITY COVERAGE PART $CHEDULE Name Of Additional Insured Person(s) or Organlzation(s): Where Required By VVrlten Contract ' SECTION Ill -WHo IS AN INSURED within the Common Provisions ls amended tp Include as an additional Insured the person(s) .or organlzation(s) Indicated in the Schedule shown abcive, but solely with respect to "claims" caused In whole or In .part, by your ongoing operations performed for that person or organization by / you, or by those acting on your behalf. This Insurance shall be primary and norKOntributory, but only in the event of a named lnsured's sole negligence. - ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0116-0211 Named Insured: Richard Brady & Associates Polley Number: EPK116009 THIS ENDORSEMENT CHANGE:S THE POLIC'(. PLEASE READ IT CAREFULL "(. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PAR'TY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Addltlonal Insured Person(s) or Organlzatfon(s): Where Required By Written Contract SECTION Ill -WHO IS AN INSURED within the Common Provisions Is amended to Include as an adoltlonal Insured the person(s) or organlzation(s) tndicated In the Schedule shown above, but solely with respect to "claims a caused, In whole or In p~rt, by "your worlt or out of premises owned by or rented to you. · ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. \ EN0112-0211 Namaj Insure& Richard Brady & Associates Pcllcy Number: EPK116W9 THIS ENDQRSEM.ENT CHANGES THE POLICY. PL.EASE READ. rt qAAEfULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAIN.ST OTHERS TO US This endorsement' modifies Insurance provided under the foDowfng: COMMERCIAL GENER)µ; LIABILiTY:COVERAGE PART CONTRACTORS POLLUTION LIABillTY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION .LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE 'PART SCHEDULE Name of Person(s) or Ori:lanization(s) Information reauired to-complete this Schedule ·It not shown above. will be:sno'M'l in the Declarations. SECTION VI_,. COMMON-CqNDITIQNS; item 17. Transfer Of Rights 9f Recovery Against others To Us within-the Cqrrmon Provislo.ns is· amen_da_d by the ad_dltlon of the folklwfng: · Solely as respects the person(s) or organization(s) lnd"lcated In 'the Sch~1iie ~ho'M'rabove, we waive any right of recovery .we may have against the ·person(s) or orgariizatlon(s) Indicated irt the Schedule shown above because of payments. we make for, !'damages• arising out of your· ongoing operations or •your 'NOrk" perf~rmeq µncler ~ written contract 'Nlth that person(s) or Or®nization(s) and Included In the ~ucts- completed opera~ns·hazan:r. H1owever, thl~ waiver shafl not apply _to ~damag89" resulting from the 5918 ·neglig~n~ of~ person(s) or organization(s) indicated in the Schedule shov,m above. · ALLOTHER.TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. ·.. . . -' ' ' 8\1()1 09-0211 Named Insured: Richard Brady & Associates Policy Number: EPK116909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s} or Organization(s) Where Required by Written Contract A. SECTION 111 -WHO IS AN INSURED within the Common Provisions Is amended to Include as an, addltlonal Insured the person(s) or organlzation(s) Indicated In the Schedule shown above, but solely with respect to "claims" caused In whole or In part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shaH be primary and non-conbibutory, but only in the event of a named fnsured's sole negligence. B. We wafve any right of recovery we· may have against the person(s) or organlzation(s) lrcllcated In the Schedule shown above because of payments we make for "damagesN arising out of"your work" performed under a designated project or contract with that person(s) or organlzatlon(s). C. This Endorsement does not reinstate or Increase the Limits of Insurance appicable to any "clalmu to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 6001-17SS, 2017 SLURRY SEAL TRAN1474 Th. Task and Fee Allotment, is entered into on (~ , pursuant to an Agreement between Richard Brady & Associates, ("Contra tor") and he City of Carlsbad, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management & inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated August 1, 2017, ("proposal"), attached as Appendix "A" for the 2017 Slurry Seal Project, Project No. 6001-17SS, (the "Project"). The Project services shall include construction management and inspection support services for the Project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 45 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 140 working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials basis. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $110,950. City Attorney Approved Version 7 /19/17 TRAN1474 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. TABLE 1 FEE ALLOTMENT Construction Management & Inspection Services TASK GROUP TIME & MATERIALS Inspector (est 700 hours@ $155/hr) $108,500.00 Construction/Project Manager (est 10 hours (a2 $195/hr) Misc. Direct Costs (not to exceed) TOTAL (Not-to-Exceed) II II II II II II II II II II II 2 $1,950.00 $500.00 $110,950.00 City Attorney Approved Version 7 /19/17 TRAN1474 CONTRACTOR P:. r_ CU 6.&D ~ ,~ /lD '/ ~ (A-~S oG {lt-'\?i-J (name of Contractor) '~\ C(--1-f\f<) Rl<~fry <l ~f~ o c i ,~'T(J (name of Contractor) By~~~~ (sign here)~ 12-, ( µ Arcn BFAO:v /PP-ff,o(u:- , (print name/titre) ; (.(:__c:., By: 1 /60 ~ /)2 u{ CJ (sign here) -7 { /1/2 /,J 1//v'E /)/l_;:J} '1 / C ~ c..:· (print name/title) 7 If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California Date: _/_t_/_z--~~/~1_::-_/_-___ _ ord, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:-~----=-------'"---=-'"---Deputy City Attorney City Attorney Approved Version 7 /19/17 3 August 1, 2017 Mr. John Maashoff, P.E. City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Appendix A Re: Construction Management and Inspection Support Services for the City's 2017-18 Slurry Seal Project, Contract No. 6001-17SS Dear Mr. Maashoff; Thank you for this opportunity to submit a proposal for CM/Inspection services for the City's 2017-18 Slurry Seal Project under our Master Service Agreement. PROJECT UNDERSTANDING AND SCOPE OF SERVICES We propose Mr. Ronald Brady as the CM/inspector; he is experienced with slurry seal projects, having performed identical services for the City of Encinitas over the past 23 years. Mr. Brady will provide CM/inspection services including attending or leading bi-weekly construction meetings, daily communication with the contractor, submittal processing with the design team, coordinating with contractor notification of impacted service to City's customers, monitoring quantities and preparing payments for Carlsbad's CM, and reviewing and monitoring the construction schedule. Inspection will include, daily reports and traffic control monitoring. Mr Brady will interface actively with the City Construction Management team to keep them informed of progress and any community project concerns. LEVEL OF INSPECTION AND FEE For proposal purposes, NTP is assumed mid-November. Contract period is 75 working days. • Participation in a kick-off meeting, and pre-construction conference. Submittal review phase, schedule review. • Full time coordination and inspection 75 working days of construction. BRADY proposes to provide the above services for the total "not-to-exceed" fee of $110,950.00. A breakdown of the proposed fee is presented for your information, to be used in evaluating this proposal. Fees would be invoiced monthly, based on actual hours of work completed and in accordance to our Master Agreement. 4 Appendix A 2017 SLURRY SEAL SCHEDULE SUMMARY Month Nov Dec Jan Feb Mar (Months) Working Days 10 20 20 20 5 Staff Name Labor Category Hours Dollars Ron Brady CM/Inspector $155.00 700 $108,500 80 160 160 160 140 Javier Project $195.00 10 $1,950 2 2 2 2 2 Saunders Director Other Direct $500:00 1 $500 Costs Sub-Total $110,950 Key Personnel -Labor Hours Total 710 82 162 162 162 142 ASSUMPTIONS AND EXCLUSIONS Our scope of services is based on the following assumptions and exclusions: • Direct costs include standard inspection equipment. Field Laptop is included in hourly rates. Mileage at the site from inspection area to area is at the Standard IRS mileage rate. • Daily reports will be emailed to the City at the end of each week. • Fee is based on 75 working day contract duration. Delay in the project or additional time granted to the contractor may require additional services. • Fee does not include claim mitigation beyond normal assistance. Additional services may be required for claims or delays that extend contract duration or the need to bring additional resources. • Overtime inspection is subject to prevailing wages California Labor Code Section 1772. Overtime is 1.5 times hourly rate. Weekends/holidays 2 times hourly rate. No overtime is assumed or budgeted. We look forward to working with you and your team on this sensitive project. Please feel to call me ore- mail should you have any question, comments, or suggestions. Sincerely, ~~ Richard Brady, P.E., BCEE, President and CEO 5 RICHBRA-02 LYNNA ACORD~ CERTIFICATE OF LIABILITY INSURA.NCE \ DATE (MM/00/YYYY) ~· 5/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER. OF IIIIFORMATION ONLY AIIID CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERllFICATE DOES NOrAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV\/; THIS C.ERTIFICATE OF INSURANC.E DOES NOT GO.NSllTUTE A CONTRACT 8E1WEEN REPRESENTAllVE OR PRODUCER, AND THE CERTIFICATE HOLDER. .. . .. . . ... THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holderis an,ADDlllONALINSURED, the policy(ies) must have ADDlllON~L INSURED provisions or be endorsed. lf SUBROGATION I.S WA]Vf=D, subject to the terms and conditions of the policy, certain policies may r~quire an endorsement. A statement on this certificate does not confer rights.to the certjfic.ate holder in lieu of such endorsement(s). PRODUCER .License # OE67768 ~~~i~cT Ali Smith IOA Insurance Services ft}g~Jo, Ext): (619) 788°5795 50206 [ .fffc, No):{619) 57 4.,.6288 4370 La Jolla Village Drive Suite 600 . i"Jcf~ss: AILSm ith@ioausa.com , San Diego, CA 92122 INSURER/S)AFFOROING COVERAGE NAIC# I I 1NsuRERA ,Crum & Forster Specialty lnsutarice.company 44520 INSURED INSURERB.:OhioSecLiritvlnsur'anceCorripany 24082 Richard Brady & Asso,ciates INSURERC: 3710 Ruffin Road INSURERD.; San Diego, CA 92123 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: Tl-I IS IS TO CERTIFY Tl-lAT THE POLICIES Of INSURANCE LISTE.D BELOW HAVE BEEN ISSUED TOTI-IE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING. ANY REQUIREMENT;. TERM OR CONDITION OF. ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VIIHICH THIS CERTIFICATE MAY .BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POUCI.ES. DESCRIBED HEREIN.ISSUBJECTTOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMl:TS SHOWN MAY HAVE BEENREDUCEDiBYPAID CLAIMS, INSR TYPE OF. INSURANCE -DL SUBR POLICY.NUMBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD IMM/DDfVYYV\ IMM/DDNYYYJ A X COMMERCIAL GENERAL LIABILITY EACH .OCCURRENCE $ 1,000,000 -~ CLAIMS-MADE [8:1 OCCUR ~~~~iJ?E~~~~ence \ 500,000 X EPK116909 05/12/2017 05/1212018 $ f--------10,000 MED EXP (Any one person) $ - PERSONAL & PDV INJURY $ 1,000,000 -2,000;000 GEN'L AG.GREGA7:E LIM IT APPLIES PER: G.ENERAL AGGREGATE $ ~ roucy [!] ~~8r D wc PRODUCTS-COMP/OP AGG $ 2,000,000 ·OTHER· $ 8 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ X ANY AUTO BAS57236089 05/12/2017 05n212018 BODILY INJURY (Perperson) $ ~ 0\/\INED -SCHEDULED BODILY INJURY(Peracddent) $ AUTOS ONLY AUTOS --~lfYD°s ONLY ~mti~Ji:9 fROPERTY:t?AMAGE $ Per accident X Comp.: $500 x Coll.: $500 $ A UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 3,000,000 ~ EFX107390 05/12/2017 05/12/2018 3,000,000 X EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTION$ 0 $ WORKERS COMPENSATION I PER I I OTH-AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NI.A EL EACH ACC !DENT $ OFFICER/MEMBER EXQUDED? [Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE" POLICY LIMIT $ A Prof Liab/Clms Made EPK116909 05/12/2017 .05/12/2018 Per Claim 2,000,000 A Ded.: $25k Per Claim EPK116909 05/12/2017 05/12/2018. Aggregate 4,000,000 DESCRIPTION OF OPERATIONS J LOCATIONS JVEHICLES (ACORD 101, Additional Rem~ks Schodule, may be attached if more space Is required). Re: All Operations City of Carlsbad is Additional· Insured with respect to General Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Noll'-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER City of Carlsbad Public Works Department Construction IVlanagement&lnspection Division 1635 Faraday Ave. !Carlsbad CA 92008 ACORD 25 (2016/03) CANCELLATION SHOULD ANY o.F' THE ABOVE DE.SCRIBED POLICIES BE CANCELLED BEFORE I .THE EXPIRATIO.N DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 ACCORDANCEWITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I. /4;0J;'L ~-WL o· © 1988-2015 ACORD CORPORAllON. All rights reserved. The ACORD name and logo are registered marks of ACORD ./ Named Insured: Richard Brady & Associates / Policy Number: EPK1 l6909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifi~s insurance provided under the followin~r COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Location And Description Of Completed Organization(s): Operations Wh_ere Requtred by Written Contract Where Required by Written Contract Information required to complete this Schedufe, if not shown above, will be shown in the Declarations. A. Section ftl -\/\tho ls An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caus_ed, in whqle or in part, by "your work" at the location designated and described in the schedufe of this endorsement performed for that additional insured and included in the "products-completed operations hazard". EN03.20-0211 Named Insured: Richard Brady &Associates / Policy Number:EPK116909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READIT CAREFULLY. PRIMARY ANDNON-CO.NTRIBUTQRY ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIALGENERAL LIABILITYCOVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS UABILITY COVERAGE PART THIRD PARTY POLLUTION UABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s}: Where Required By Written Contract SECTION ill -WHO IS AN INSU:RED Within the Common Pro.visfons is;amended to include as an additional insured the person(s) or organizaticin(s) indicated in the Schedule shown above, but solely With respect to "claims" c.aused in wh_ole or in part, by your ongoing operations performed for that person or organization by you, or by those acting onyo9r behalf, This insurance shall be primary and non-contributory, but onfy in the eveht of a named insured's sole negligence. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. ENO116-0211 Named Insured: Richard Brady & Associates Policy Number: EPK116909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIUTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND.OMISSIONS LIABILITY COVERA(;E PART THIRD PARTYPOLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{s)or Organization(s): Where Requjred By Written Contract SECTION Ill -WHO IS AN INSURED within the Common Provisions is amended to include as an additional insu.red the p~rson(s) or organization(s) in_dicated in the Schedule shown above, but solely with respect to "claims'' caused, in whole or in part; by "your work" or out of premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAINUNCHANGED. EN0112-0211 .Named Insured: Richard Brady & Associates Policy Number: EPK116909 THIS ENQOR$EMENT CHANGES THE POLICY. PLEASE READ ff CAREFlJL.LY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABIUTYCOVERAGE PART CONTRACTORS POLLUTION LIABJUTY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITYCOVERAGE PART ONSITE CLEANUP GOVERAGEPART SCHEDULE Name of Person(s) or Organization(s) Information .required to complete this. S9hedu!e, if not shown above., will be shovvn in the Declarations. SECTION VI -COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or or:ganization(s) indicated ih the Schedule shown above, we waive any right of recovery we may have against the person(s) or 6.rganization(s) indicated in the Schedule shown above because of payments we make for ''damages!' arising out of your ongoing .operations or "your work" p~rforrnecl un<ier a written contract with that person(s) or organizat1on(s) and included in the "products- cCirnpleted operations hazard". However, this waiver shall .not apply to "damages" resulting from the sole negligence of the person(s) or organization(s) indicated in the Sch~dute shown above. ALL OTHER TER!\11S AND CONDITIONS OF THE POLICYREMAIN UNCHANGED. END1 09-0211 Named Insured: Richard Brady & Associates Policy Number: EPK116909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ-IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAl\lE.R OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) Where Required by Written Contract A. SECTION. m -WHO IS AN INSURED within the Common Provisions is am.ended to include as an additional insured the person(s) or .organizatibn(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or ih part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary qnd non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person:(s} or organitation(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of "your work" perfbrmed under a designated projector contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsementapplies. ALL OTHER TERMS: AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118°0211 .1'--1.•~~K~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~-06/09/17 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 ri~hts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services, Inc of F!onda NAME: Aon Risk Services, Inc of Florida 1001 Brickell Bay Dnve, Su,te #1100 PHONt= I FAX Miami, FL 33131-4937 (AIC. No Extl: 800-743-8130 (A/C Nol: 800-522-7514 EMAIL ADDRESS: ADP.COI.Center@Aon.com tNSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Amencan Home Assurance Co. 19380 INSURED ADP TotalSource FL XVI, Inc. INSURER B: 10200 Sunset Drive INSURER C: Miami, FL 33773 UC/F INSURER D: Richard Brady & Associates. Inc. INSURERE: 3710 Ruffin Rd .. San Diego, CA 92123 INSURER F: COVERAGES CERTIFICATE NUMBER· 1685689 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. LIMITS SHOWN ARE AS REQUESTED. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) ~ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ D CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Anv one oerson\ $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R POLICY D PROJECT D LOC PRODUCTS· COMP/OP AGG $ OTHER $ ~TOMOBILE LIABILITY COMBINED ::ilNGLE LIMIT rEa accident) $ ANY AUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ,___ 1---HIRED NON-0'.A/NEO PROPERT'f DAMAGE AUTOS ONLY AUTOS ONLY (Per acaoentl $ 1---1--- $ 1---UMBRELLA UAB 1---OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC I I RETENTION$ WORKERS COMPENSATION I PER I I OTH-X STATUTE ER AND EMPLOYERS" LIABILITY Y/N A ANY PROPRIETORiPARTNER1EXECUT1VE D WC 026164546 CA 711/2017 711/2018 E.L. EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 2,000,000 It yus, descrJbo under E.L DISEASE -POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remar1<s Schedule, may be attached If more space is required) See attached Certificate Holder C21ncellation Notice. Al: works,te employees work,ng for RICHARD BRADY & ASSOCIATES, INC, paid under ADP TOTALSOURCE, INC's payroll. are covered under the above stated policy. CERTIFICATE HOLDER CANCELLATION City ot Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1635 Faraday Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carlsbad, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c/lon. d{_~k 8e.tt.vice!>, !ln.c of cf"lo'C.i.da © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 15034 tt:-~ ~ 034636911011111001000090000000000123456789201706151 115034 POLICY HOLDER NOTICE CERTIFICATE HOLDER CANCELLATION NOTICE SCHEDULE Should this policy be cancelled before the expiration date hereof, the producer will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to do so shall impose no obligation or liability of any kind upon the insurer, the producer, or the respective agents or representatives of each. SCHEDULE: CERTIFICATE HOLDERS AS IDENTIFIED ON THE MOST RECENT QUARTERLY SCHEDULE OF CERTIFICATE HOLDERS PROVIDED BY THE fNSURED'S BROKER OF RECORD TO THE INSURER. i03463911101111100100009000000000012.3456789201706151 TRAN1474 AMENDMENT NO. 2 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RICHARD BRADY & ASSOCIATES L This Amendment No. 2 is entered into and effective as of the 1fu, day of ::JGtw\.~ r:' , 20 \ 1, extending and amending the agreement dated Septeber 29, 2016 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Richard Brady & Associates, a California corporation, ("Contractor") (collectively, the "Parties") for as-needed horizontal construction management and inspection services. RECITALS A. On May 24, 2017, the Parties executed Amendment No. 1 to alter the Agreement's original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000), and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2018, on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill /II /II City Attorney Approved Version 1/30/13 TRAN1474 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR RICHARD BRADY & ASSOCIATES, a California corporation By:l~~ (sign here) R.\ ct+ A-f'-...D 6 P:Ao,J t C f-D (print name/title) (sign here) C/-1/llST!NE ()/2./}.flt / c t:-0 (print name/title) ' CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: ~-Lllv~ · tl v Barbara Engleson, City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_~~~~--- Deputy City Attorney City Attorney Approved Version 1/30/13 2 RICf{BRA,-0~ LYNNA ¢ER,.TIFl¢ATE OF l""IABILlTY 1N$UR/ANeE ~/101ZQ17 T1-11s cea11Fi<tAre.1s 1ssue0As J\ MA.Tta o'f:· tNFe-RllnATloN 0N1t AN:o colilFERsNo ruefll's·o·PoN l'i-1s:ceitni:Ictfe:Ho1.0E'1:t ':#tis CERTIFICA'rE' DOES, NO:T'>AF.FIRMATIVEL Y OR NEGATIVELY AMEND, EXTEND 'OR ,ALTER THE COVERAGE AFFORDED BY THE POLICIES 81;~0!1!V,i l'H1S' q:ER1JFICA·~' Pf '11\!SP~~CJ; J)O,ES NOT ~NSllJUTI; A CQNTMCT e.E'.l'WEl;N Tl-IE ISS.\JING INSJJ.RER(S), ~lJTHORJZED Rl;P~E$FJ'.lTJ\:llVE Q:R PROP!JC:ER; AIIIDTJ:IE,C,E~TIF:ICATEHOLDER.. . . . . . ·.. . . .. . . . .. . .... IMF'Q~'fAN'f:, ]f ,·~, c~rtifica~e hol~~risMc!kDOIJl'Ot.lALJNSURED; the ,J>blic:y(ies} fTIU!it haV«i!Al:lDlllONi\~lNSURl;P pro,vi~tons'<>r Ile endorsed. lf SUB'ROGAJ10.N .1$-WAJV~[), s' .. ,, , J9 ti)$' Jermsand conditions,ofthepolicy, certain policies inaYf~qaire'an erfrl9rsement. A statem.ent on Plil> certificate'dbes opt ~t?rifef1f . tb~ certiflc'<1,t~ holderlrilieu ()f,suc!, eridorsement{s). . '' . PRflOlJG.E~:-License'# DE6'776lr o .T .Ali Smith ~j1Ji~,~n:tri:~:~fiV~; -~,-E)lt.}-,, ·--,J,-,,6.-c-1-cc9c-r-,:,78--.,,8"'·.~-5--:79'"'.5c:-.;--:5Q-,-2'.'C'Q""i-. ----r.cf_t"'a', N-o-~,-(6'""'1...,.,9-Jc-5-74'"'.,.6-,,..,2-c-8-:-8-7 Suite 600 , . ,,... ... ,,,,s"'"s,,_A_l_h_S_m_1_th-":@=-10_: a_u_s_a_.c_o_m_, ----------------1 San Diego, CA92122 '.N)ui:;i Ri~patd 'Brady & Assp,cl;:ttes '3110':R'uffin Road .· . ..... . s~.n'.Olego, tA~21:z3 COVERAGES CE&TIEiCATE NUMBER; 24()82 lNSURERC: REVlSION NUMBER: TH IS IS. TO CERTiFY' THAT tfli: POLICtES'. OF' INSURANCE LISTED BELdil\l HAVE:l{EEN iSSUED TOn-tE INSUJfEP NAMED A~'dVE FOR lHE POLIGYPERIOP INDlCATEO: NOTWITHSTANDiNG ANY RE'QOJREMElii'I\. TE'RM OR ·cONDITION OF ANY CONtRACT OR OTHER OOCIJMENT WiTH RESPECT TO WHICH THIS CERTIFIC::AJjc: M/liYJlEJ~SU,!;D OR MA:Y PERTAIN, THE.JN:$l,IRJ\NC,E AFfORDE\} B,Y: TH!c, PO,UCJl;S ;im;q~IBED HERElNISSUBJECTTOALLTHETERMS., · EXCIJJSJOl\lSANOCONDITlONSOFSUCH POLICIES. LIMITS SHO\AIN MAY HAVE BEE!ll~E0UCE0,B'f'fAl~CLAIMS, . 1~M, TYl'E'OF INS.URANCE A X ,COMMERJ;IAl•GEf)IER/l.LkJABllbTV =o CLA!MS0MADE [~] OCCUR ~.-----------~ f--~----------~ GEN'!.AGGREGATE( ttylJTP.:PPLIE$ PE;/<'. 7.Pb.UCY.[!J:5t8i D lOC n.OTHER'. 8 ~rpr.j 9Ei1Le l)AEilLiri x />N)i ii.mo · ~ OWNED. A _ ·AUTOS ONLY HfRED _ AU'.fOSONLY )( Comp.:-$!!1.0O -scl-iEbliLED ~.AUTOS ·· -~8fb1~q X Coll.:$500 . UMBRELLA LIAB l~ OCCUR X EXCESS LIAS. n CLAJMS-MADE DEb \;>cc: I RETENTJON ( 0 WORKERS. coMPENSATlbN ANO EMPLOYERS' LIAB1Ll1Y YIN 'jWji5~ F'.01.ICY NUMBER ;{ EPK11li909 BAS57236089 EFX107390 ~\j;i'.1 !l;:l'&~~~1tl5l~cur1vE (1'!1;>. . NH) .. D NIA if'yes, ~escnbe under DESCRIPTION OF OPERATIONS below A Prtif'U~/ClmsMade A Ded,::$25k.Per C:Jaim EPK11'69,Q9 EPKH6909 LIMITS ~URRENCE $ ',()0fJ;0Q() .05/12/2017 05/12/201tJ ~=-'J""9='~~1,""~L"".E""~e""n~ceu_>l-4_e$ ____ s_o~o~,=o=ooc.1,·, $ 10!000 PERSONAL &PDV INJURY $ G'ENERALAGGREGATE. $ Pi'W6ut,1'$-tOMPlOP AGG $ $ $ .115/12/2017 'Q!in:2/201'8 BODILY INJURY (Per'j:,ersi)rtJ $ BODILY iNJJRYIPeraoi::ideiitl $ EACH OCCURRENCE $ t,000;000 2;000,000 / 2,000,000 1,000,000 3,ll-00,00() _, 3,000,ll00 os1121zm1 os,r21201s AGGREGATE $ r=~~~-----~-------i J::L EACH ACCIDENT OSJ1212!)l7 '05112/2018 Per Claim .05/12/2017 05/12/201~ Aggregate $ 2,000,000 . . 0 ./ 4,000,00 DESCRli>TiON;OFOPERATJONs /.LOCATIONS JVEHf<;LES (ACORD 101; Adllitioilal:Re)iiarks Schedule, inity tie atcj,checl'if.more space Is requl,red). Re: All Ope,tatitjiis ' . . . . City of Carlsbad·is Additional'lnsured With respectto General, Liability per the attached endorsements as retjuired by. written· contract. Insurance is Primary and Non-Contributo~. · · 30 Days Notice of Cancellation With 10 Days Notice forNon;.Payment·of Premium in accordance with·the policy provisions. CERTIFICATE HOLDER City tjH!ai'lsti.itl Public Wrirki'.Depa:itmetit QonsiruGtion Managernent&lnspection Dlvlsi9n 1Ji35 Faractay·.Av~, Carlsbad .cA !izoos ACORQ25(2016/03). CANCELLATION $1i6Ui,;Q ANY Of. THE ~aove bi:.SCJ:tll3ED fippCIES BE CANCELLED SEFPRE TI:ll: . EX!"IRAf16f,f bJ(i'E . Tl:IERJ:.PF, NOTICE Will; BE' DEL)VERl:O . IN ACCORDANCE.WITH THE POLICYPROVISI.ONS, . . . . . . . .. AUTHORIZED RE;PRESENTATIVE ~ . iJ illft' ii t;,nn l . ~. ~ ~-~ :J © 19??-'201?ACQRD<:ORPORATIQN, All rights i'E1seryed. TheACORP nl:lme and logo are registered marks of ACORD Named Insured; Richqrd 1?r$dy&AssoG1iltes / PoJiGY Number: EPK119MQ Cru ···rster THlS ENDORSEMENT CHANGES THE POLICY0PlEAS'EiREAD IT CAREFUU.Y; ADDITIONAL lNSUR.EO -OWNERS, L;ESiSEES O;R CONT,RAC'TORS --COMPLBT~O· Q:PERA:TIONS This endor$'ement 0moclifies insurance pro,dtled under the followihQ: < COMMERCIAL GENERAL LIABILITY COVERAGE PART SCH~OULE Name of Addftional P~rsonfs) cir Orna .. nization{sJ; · . . . Whgre Requtred by WrittijJi contract A. Section HI ..... Who Is An tnsu.red within the Common Ptovlstdns IS ame~ded to inctuqe as an Jnstn:ed the petson(s) i:>r orgahization(s) shown ihthe Schedule; butonly with respect to li~l:>iHfy for "bodily injury'' gr "property dc:lm~ge'' ~aus~dO f~ Vvfo:~1e 9t In part, by "your Wcirl<' at th~ loc~tlori .df;l.signatecf and describe.d in the schedule of this ,endorsement performed for that additiohaf Insured and included in the '"P(Op\;19ts,-cprnpl~ed pp~~tions hazarct. Location And Description OfCom pleted ·· Qp~r~Jfons Where Requited by Written C9ntract N@leq · 10~.ureq: Richard Brady &Assov:iates Policy Ni.lmber:.EPK116909 t ,,,-, tHIS:ENOO.RSEMENTOHANGES THE POLICY .. PL•EASE READlT ,CAREFULLY. PRIMARY ANO "NO:f\1-C.OJ\lJRIBUTORY ADOtTl'ONAL l'NSURED.- ,0:WNERS. L.ESS6ES OR CONTRACTO:Rs ONGOING· OPERATIONS ' • ' " .•• • • ,. ' • •• ••• '" ., •• • • . • ,· •• • • • • • • • •• •••• ' ·., ••• , • • "., ••• < .• • ·., ' • • • ' toMMERCIALG!:ENERAL LIA81LITY'C()VERAGE PAat. ·CONTRACTORS POLLUTION'LIABILITY COVERAGE PART ,ERRORS AND OMlSSIONS UABILITY COVERAGE PART THIRD Pt\RTY POLL!Ji!ON LtABILliY COVERAGE PART SCHEDULE f'J_~rne Of Additional· insured Person{s}or Organization{ s): •w\,e,r~ :JRaqt1ir~d E:lyVVrftten Co·ptract SECTION f.11 --·WHo i'S·-AN: INSURE.DWltblh the C:omm().ttPtovisfonsis<amended to irichJde as ,in a.dditidlii:iJ iris~red, the persbn(i:,) or ,org~Jiizatki'n(s} indicated in th~f Schedule shown alf.iove, tJut solely With te$f>ect to ''claim:, 'I ca:usecL in_·· wbpli:l· 9r. ii) pctit;, by .y(lµr •ongoing. op¢ratio ns perfo n11etl for th<,Jt per$o n or organizafion by yp(l,;()r·.1~y'thos.$.sl:cting:01ry9µri:Jehaif, This insurance snail fae primary and rron~contributory, but only in the event of zi· n~meci ih~Ured's sole !iij~ligenpe. . ... ALLOTHER TERMS ANDiOONDITIONS OF THE POLICY REMAIN UNCHANGED. EN01"!6-02l1 Named Insured: Richard Brady & Associates PolicyNumber:EPK1 ·1690S THIS ENQORSEMENt CHANGE$ THE POLICY. PLEASE RE.AO IT CAR,EFOLLY. ADDITIONAL INSURED .... bESlGNATED PERSON ()~ 0RGANIZA1lON This ~11cfors~ment.modifie$ insurance pfoVided under the following: GOMMERCIALGENERAL UABIUTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGJ: PART ERRORS AND OMISSIONS LlABIUTY CQVERAGI; PART THIRD PARTY POLLl)TlON LIABILITY COVERAGE PART $CHEDULE Narne QfAc:fditi;onal Insured Person(s)or Organizati<m(s): Where Required Sy Written Contract· .SECTION>lll .~ WHO IS AN INSURED within:the Common Provisions is amend~d to+nclude as. an additional jn$1JJetj the p~rson(sj: ot organlz~tj()11($Ltr~dicatetj in th~ Schedul¢ $h<>wn 8bove,. t>ut so,t~ly wttf:t f$SP~Pt to. i'claim$'j·.caused,·in.who.le or Jn part;.by "yourwork".or out of premises ¢wned by or rented fo.yo:u, ALL OTHER TERMS AND CONDlTIONS OF THE POUCYREMAIN.UNCf!ANGED, Name!'.tlnsure~::)~ichard.:Braciy & Associat~s .Policy ~µmper: EPK1l&909 -THJS · ~NQOR$.EM:EN1" ~HANGES l"HE(P041¢Y; pLi;Asi: .. REAb;1t CARt:f;IJLLY. AMEN.DEil WAIVER OP TRANSFER .Qf RIGHTS OF R'E:fJO\fERV AGAINST OTHERS to Us Thts endorsement modifies insurance :provided under the -following: coMMJ:;RCiAL-GENERAl LlABILITYCOVERAGE :PART coNTRAcroRs POtLur,of\i ·uA.a1UrvcovERAriE PART ERRQRSA.ND,OMlSSIONS .LIABlLIIYQQVERAGE PART THIRD.PARTY POLLUTION UABILITYCOVERAGE PAfn' ONSlTECLEANUP COVERAGE.PART SCHEDULE ~ . ' ·. . . . ·-, .. ' . , . $E.C)Tlti'N VI -Ji;,QMNIQN PONPlTJOl'~fs,, ite:tn 17. Transfer Of.Rights ofRecov.ery Against Others To Us Withfo fhe Cqmmon Pr~wisiof:1$ i's: arnen~ed bYthe addition of lh~ following: SoJ~fY-M r$&pe¢tS: th$ p~rs:6ti($) or .org~qizatioh(-s)rndtcated ;th the $cbedule $tiowrt abdvrf. we Vi.lRlhte any right of recovery we rna;y have against the pet§on(s) or organi-zat1ori(s) indrcated in the. S.ch:e.(:!Ole shown above because of payments_ we make for ''damages!' adsin9 out Of yQur .dngOih~l op.erations or "your work" R~iforrn,ecf yrit1er ~· writte.n si::otjtr~ot ,V>{ith: tti?t p~rson(s) ororgclnizatlor(sJ and inCluded in the i•products- cotnpl~t~d oper~fior1s· hc1z~td';. How~y13r; thiswaiMer shaU not apply to "damages" !'.$$Qlting from the .sole rieglfg¢nee of the perspn(s) 9r orgariizatibh(s} indicated in.the Schedule showri above. · · · ·· · ALL OTHERTE:RIVJS.At,JD CQNDfflONS OF THE POLICY REMAIN UNCHANGED. EN0109-0211 Named Insured: Richard Brady & Associates Policy Number: EPK116909 THIS ENbORSEME'l'..JT CHANGES'THE POLICY. PLEAS~ REAO:ITCAREFUL.L1/~ f>RtMARY AND N<JN.~CQNTRfBUTORY At)DITlONAL IN$U.REO 'WITI-I WAIVE.R OF' sua:ROGAllON' This .endorseme.nt modifies. insurance provided Linder the following.: COMMERCIAL GENt'.RAL UABIUTY COVERAGE PART CPf\JTRAC1'QRp POLLYTl()NLfABILITY COVERAG'E FART ERRORS AND 0.Ml$SIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name o:f Adc;Htiotiatlnsuredf>erson(stor·orgariization(s) Where Required by Written Contract A; SEC-T(QN U( -W!::10 1$: AN lNStJRSP w~hin the Common Provisions is• amended to incfµcie a.s· i:!n additional insyred the person(s) or organizatiOn(s) indicated i1lthe S'cliedulEl $hown abpv~. but"$t>1ely with respect to•"claims" .ca used in whole or.in part, by "your work•' 'for tfuat parson,or &gj,lhizatlon performed by you, or by those acting on your behalf. Tbis 1n$tlrii1J1.ce'. 9flc:1ll t>e primary ~11~ 11on-cQt;rtr(butory, .but 011ly iO th.e eveht of a P.'~meg. ifl$1;tr~d'::t sole 11~gHg~hC$, B, W¢ Waive any right of r;;cov~ry We may have against the person(s), o.r organiiation(s) fhdi¢ated in the. Schedule shown above because of paymehts we make for "damages" arising. out of "your work" perfbtrned Undetadesighateaprojector contrac'twlth that person{s) or orgarii:zation(s). · C. this E:ndor$el1'lent does not reinsfai.t~ or inqrease the Limits 9ff.r1surr,1n:ceappii9~b,l¢ to ~ny '1cl~lm" tp which the coveragl;! affQrded ~ythis Encti1r$EHne·11tappli~~- ·ALL OTHER TERMS~~ND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0f18°0211 ...:.,____ -'/ _..,...., ,..... ' ' / TRAN1474 AMENDMENT NO. 1 TO MASTER AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RICHARD BRADY & ASSOCIATES dment No.1 is entered into and effective as of the CX ~ay of -::-::--:-=--:------,,...,.----'---'--~'--T--:-:---' 20 n,-amending the agreement dated September 29, 2016 (the "Agreement") by d between the City of Carlsbad, a municipal corporation, ("City"), and RICHARD BRADY & SOCIATES, ("Contractor") (collectively, the "Parties") for as-needed construction management and inspection services for civil engineering/horizontal projects. RECITALS A. The Parties desire to alter the Agreement's original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000) and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. 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 Amendment, the total annual Agreement amount shall not exceed five hundred thousand dollars ($500,000). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 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. 3. Contractor will complete all work described in Exhibit "A" by September 29, 2017. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment 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 Amendment. City Attorney Approved Version 9/27/16 CONTRACTOR By:~~ (sign here) tJ c 1~ BK!!P t.J 1 (::>f:-bl ';aT (print name/title (sign here) Cft,,~,',te, &11MJ /~~() (print name/title) 7 TRAN1474 CITY OF CARLSBAD, a municipal corporation of the State of California By:~ Ma Hall I Mayor ATTEST: ~0~) ... " -----sartJara Engleson I City Clerk lJV' If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version 9/27/16 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On April 20, 2017 before me, Kevan Max Dykmans, Notary Public (insert name and title of the officer) personally appeared Richard Brady and Christine Kolland 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. 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. / Signature :)Z&_ > (Seal) I j I . .(·~~~.~~ KEvAN IIAX oveaW.s I Commillion No.2124336 ~ NOTARY PUBLIC-CALIFORNIA ~ SAN DIEGO OOUNTY I Mr COIIIm. e.,. AUGUST 21. 2018 I 1111 - 1 1 3 4 5 Exhibit A EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed horizontal construction management and inspection services in accordance with the city's Request for Qualifications with Fee Proposal dated April 20, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. -- SUBCONSULT ANTS** Nam1:!: nt!e Prevaiiinc W<Jge Rate SCST Principal Engineer/Geologist Sl 74.00 SCST Senior E;.ngineer/Geolosist $.14-iiOO S.CST Staff Engineer/Geologist ~116.00 SCST Project Manager $121.00 la S<tlle Solutions Inspector $:1.54.00 • Prevailing wage tates do not ind ude overtime "'*Subconsvltants, subt;O'ntractors. 11nd all other direct costs (ODCs) will' bE! billed a.t actual cost plus a 10 percent markup . .. .. • Armua I eseala tion of 3% Hourlv ra es incJude overhead for Laptops, whre'les:s connectfon, i:t!!ll poones, copies, and other minor rn4 dentals, Mileage at the Job site will be charged the JRS st<!nclard rate City Attorney Approved Version 9/27/16 3 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 5503 TRAN1474 This and Fee Allotment, is entered into on =-:-:=-:-7"':"'::::~~~~-=-"""~:::.L-:t-~~~-+--=-""':':7"~~· pursuant to an Agreement between RICHAR BRADY & ASS IATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 14, 2017, ("proposal"), attached as Appendix "A" for the Construction Management and Inspection Support Services for the Pipeline CIPP Rehabilitation Phase 1, (the "Project"). The Project services shall include Construction Management and Inspection Support Services for the Pipeline CIPP Rehabilitation Phase 1. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred fifty (150) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $99,790. City Attorney Approved Version 8/3/16 TRAN1474 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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. City Attorney Approved Version 8/3/16 2 TRAN1474 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SUPPORT SERVICES FOR THE PIPELINE CIPP REHABILITATION PHASE 1 TASK GROUP CM/Inspector Project Director Direct Costs TOTAL (Not-to-Exceed) CONTRACTOR RICHARD BRADY & ASSOCIATES, a California corporation (name of Contractor) By:~ ~· (print name/ itle) TIME & MATERIALS $97,340 $1,950 $500 $99,790 RICHARD BRADY & ASSOCIATES, a California corporation (name of Contractor) By au;,k;_ ~ (sign here) C/1/2./iT/NE fJM3'-f I c ~ 0 (print name/title)' If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:----+-~~--~ Deputy City Attorney Date: -fjf1 J If I I City Attorney Approved Version 8/3/16 3 February 14, 2017 Mr. John Maashoff, P.E. City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 BRADY Appendix "A" Re: Construction Management and Inspection Support Services for the Pipeline CIPP Rehabilitation Phase 1 Dear Mr. Maashoff; Thank you for this opportunity to submit a proposal for CM/Inspection services for the CIPP Rehabilitation project under our Master Service Agreement. PROJECT UNDERSTANDING AND SCOPE OF SERVICES The project provides for the installation of 7320 lineal feet (LF) of cured-in-place pipe liner (CIPP) in the Carlsbad Village. Video inspections has identified cracks, root intrusion, separated joints in the old VC sections of pipe. The project proposes to correct these deficiencies by using trench less CIPP; 2110 LF of 6-inch CIPP liner, 4040 LF of 8-inch CIPP liner and 1170 LF of 10-inch CIPP liner. The contract was awarded to Southwest Pipeline & Trenchless Corp. in the amount of $304,110, and $88,150 for additive alternative bid item Schedule C, to reline laterals. The bid is below the City's estimate of $633,100. The work will include sewer main cleaning and video inspection, lining submittal, sewage by-pass pumping, notification to impacted services, lining and curing, material testing, and post-video inspection. We propose Mr. Larry Ruddell as the CM/inspector; he is experienced with curried in place lining projects, underground structures, and water/wastewaterfacilities. Mr. Ruddell is also a NACE certified coating inspector, NASSCO certified, along with CAL-OSHA compete person certified. Similar projects include inspection services for Rancho Californian Water District CIPP rehabilitation and Eastern Municipal Water District water improvement facilities. Mr. Ruddell will provide CM/inspection services including attending or leading bi-weekly construction meetings, daily communication with the contractor, submittal processing of CIPP linear calculations with the design team, coordinating with contractor notification of impacted service to City's customers, monitoring quantities and preparing payments for Carlsbad's CM, and reviewing and monitoring the construction schedule. Inspection will include, daily reports, traffic control monitoring, review of pre and post video inspection, and coordaining with City As-Needed consultant for material testing (Lining). Mr. Ruddell will interface actively with the City Construction Management team to keep them informed of progress and any community project concerns. LEVEL OF INSPECTION AND FEE For proposal purposes, NTP is assumed March 1 2017. Contract period is 100 working days (20 weeks or 5 months). The final 4 weeks include final inspection, video review, punch-list and close-out. • Part-time 20 hour week effort assumed for first six weeks, participation in a kick-off meeting, and pre-construction conference. Submittal review phase, schedule review. Richard Brady & Associates 3710 Ruffin Road, San Diego, California 92123 858/496-0500 www.richardbrady.com BRADY • Full time coordination and inspection 3 months of construction. • Part-Time last month and includes video review, final inspection, punch-list and project close- out. We believe this approach will provide a cost-effective level of service and the level of service to monitor by-pass pumping, address customer questions and concern, curing, and reestablished of sewerage service. BRADY proposes to provide the above services for the total"not-to-exceed" fee of $99,790.00. A breakdown of the proposed fee is presented for your information, to be used in evaluating this proposal. Fees would be invoiced monthly, based on actual hours of work completed and in accordance to our Master Agreement. ASSUMPTIONS AND EXCLUSIONS CIPP REKABIUTATIOJittHEDULE 2017 SlJMMARY t~) . ~., Mar I Apr May ._., J~l WQrkingOays 23 20 .,22 ... 22 20 Staff Name Labor Category Hours Dollars Larry Ruddel CM/Inspector $155.00 628 $97,340 80 128 164 164 92 Javier Project Director $195.00 10 $1,950 2 2 2 2 2 Saunders Other Direct $500.00 0 $500 Costs Sub-Total $99,790 Key Personnel -Labor Hours Total 638 82 130 166 166 94 Our scope of services is based on the following assumptions and exclusions: • Direct costs include standard inspection equipment. Field Laptop is included in hourly rates. Mileage at the site from inspection area to area is at the Standard IRS mileage rate. • Daily reports will be emailed to the City at the end of each week. • Fee is based on 100 day contract duration. Delay in the project or additional time granted to the contractor may require additional services. • Fee does not include claim mitigation beyond normal assistance. Additional services may be required for claims or delays that extend contract duration or the need to bring additional resources. • Overtime inspection is subject to prevailing wages California Labor Code Section 1772. Overtime is 1.5 times hourly rate. Weekends/holidays 2 times hourly rate. No overtime is assumed or budgeted. We look forward to working with you and your team on this sensitive project. Please feel to call me or e-mail should you have any question, comments, or suggestions. Sincerely, ~~- Richard Brady, P.E., BCEE, President and CEO Richard Brady & Associates 3710 Ruffin Road, San Diego, California 92123 858/496-0500 www.richardbrady.com Aug /. I MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (RICHARD BRADY & ASSOCIATES) THIS AGREEMENT is made and entered into as of the c9{¥h day of ~l..Q.m ~ ~-:1 , 20fu, by and between the CITY OF CARLSBAD, a municipal corp rat1on, hereinafter referred to as "C1ty", and RICHARD BRADY & ASSOCIATES, a California Corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering firm that is experienced in inspection and construction management for civil engineering/horizontal projects. B. Contractor has the necessary experience in providing professional services and advice related to inspection and construction management of private as well as municipal projects. 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 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 one year from the date first above written. The City Manager may amend the Agreement to extend it for three additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten ( 1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City City Attorney Approved Version 6/9/15 inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed eight hundred thousand dollars ($800,000) per Agreement year. If the City elects to extend the Agreement, the amount shall not exceed eight hundred thousand dollars ($800,000) per Agreement year. 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, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct 2 City Attorney Approved Version 6/9/15 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 City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 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. 1 0.1.2 Automobile Liability. (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. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 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: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 3 City Attorney Approved Version 6/9/15 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at 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 inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name EJtAL Lvk~ Name ~;cl...a,..J Br"2 Title fl=, fc;Jt'-6}r J)t'ruhv TitleresiOI.enf: rb E a 4 City Attorney Approved Version 6/9/15 Phone ::j-~ 0 . ha..2 ·...2 9='51 Address Phone Email 3 7t o R. u. .P .(,·~"~ Ro o.J San D .·e!Jo 1 CA 9ZJ"Z..b vt 1-?ol -I 9 s-6 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 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 regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of 5 City Attorney Approved Version 6/9/15 work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 6 City Attorney Approved Version 6/9/15 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this <6 f\__ day of Al.A..5 ~~ +-, 20Jk_. CONTRACTOR By: ~ (signhereH- ~It HArtp 6M~ P\'ZGlt-Df~ (print na ei'title) ·~ ( € 0 By: U¥~n~o( (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: -:11 oil ~4' [11\f,ERTTITLE !=PERSON AUTHORIZED TO SIGN -feily Marrager or Mayor or Di v i~io11 Dir eetOf" as authorized by the City Manager)] ATTEST: City Clerk 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ------=-rz_k---:=,~--=---:--c:~:-:=---=-~-As~istaFlt City Attorney f4Jtdy MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (RICHARD BRADY & ASSOCIATES) 7 City Attorney Approved Version 6/9/15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5.a.n Z?ia.p before me, /C~VA-r? rl~]L '1/~~JVf~..s / N"~ rJ4.J.J,r, (insert name and t1t e of the off1cer) personally appeared e,o-4-ft 13~., I CJ..,.-,~H"~ Ko/ltlfb· .. J ' who proved to me on the basis of satisfactory evidence to be the person(~hose name(s) is~ subscribed to the within instrument and acknowledged to me that he/she~xecuted the same in his/he~uthorized capacity(ies), and that by his/he~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. Signatu~4 (Seal) EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed horizontal construction management and inspection services in accordance with the city's Request for Qualifications with Fee Proposal dated April 20, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. HORIZONTAL CONSTRUCTION Name T:tle Prevaifing Wage Rate 1 Scott Reilly, CCM Contract Manager/Senior $186.00 Constn.rcetion Manager 2 JaviEr Saullders, r>F. Technical Advis.or/QA Manager $237.00 3 Rid!ard Brady, P£, BC£E Prlnd pa 1-ln-Cha rge $297.00 4 Jim Wageman .. PE Resident Emotinet!r $186.00 $ Ryan Fane, PE, QSD Resident Engineer $186.00 6 Oanlelle Stepheos, PE. LfED AP Resident Engineer $145.00 7 Brian Montesi, PE Resident Englnoor $186.00 8 Ben Sharon, PE E!t>ctricai/1&C Inspections $185.00 9 Ryan Nishimura, PE E!ectrical/l&C Inspections $145.00 10 R. tee Biggers, PE, SE Structuralln.\ipe<:tions $2.37.00 Ll Tim stanton, EIT, oso Dowment Contro!/Constract $103.00 Admlnistratio n/Sthcdu ling SUBCONSUI TANTS""' Name Title Prevadmg Wage Rate 1 S.CST Prin<:ipal Engineer/Geo!oglst $174.00 2 SCST Senior Engineer/Geologist $146.00 3 SCST Staff Engineer/Geo!ogis.t $116.00 4 SCST Project Manager $121.00 5 ta Salle Solutions lnspe(tor $1!,14.00 Notes; • Prevailing wage rat~s do not inClude t.wertime ""Subconsultant~, subc:ttntractors, and at! otber direct costs (ODCs) will be billed at actual cost plus a 10 percent markup . • .,. Annual i!Sct:.llation of 3% Hourly rates inclt~de overhead for Laptops, wireless connection, cell phones, copies, and other minor inddentals. M lie age at the Job site will be charged the JRS ~ta nd<1 rd rate 8 City Attorney Approved Version 6/9/15