Loading...
HomeMy WebLinkAboutRight-of-Way Engineering Services Inc; 2015-11-17; CA1298DocuSign Envelope ID: E0A1CCD4-F438-452D-8AF1-53146055D84B PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 18 PROJECT NO. 3338 CA1298 This eighteenth Project Task Description and Fee Allotment, is entered into on July 26, 2018 , pursuant to an Agreement between RIGHT-OF-WAY ENGINEERING SERVICES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Land Survey 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 June 25, 2018, ("proposal"), attached as Appendix "A" for the Cross Sections For Agua Hedionda Creek HEC-RAS Study, (the "Project"). The Project services shall include Collect land survey data along 1 O section alignments of Agua Hedionda creek as detailed in the proposal. 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 forty (40) 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 $6,460. City Attorney Approved Version 7 /19/17 DocuSign Envelope ID: E0A1CCD4-F438-452D-8AF1-53146055D84B CA1298 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 7 /19/17 2 DocuSign Envelope ID: E0A1CCD4-F438-452D-8AF1-53146055D848 CA1298 TABLE 1 FEE ALLOTMENT LAND SURVEY OF STREAM CROSS SECTIONS TASK GROUP TIME & MATERIALS Cross sections for Agua Hedionda HEC-RAS Studv $6,460 TOTAL (Not-to-Exceed) CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) Michael Schlumpberger, President (print name/title) $6,460 RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (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: ----------- 7/26/2018 Elaine Lukey, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~~ Sfrt>v.,J, Deputy City Attorney City Attorney Approved Version 7 /19/17 3 DocuSign Envelope ID: E0A1CCD4-F438-452D-8AF1-53146055D84B PENDIX A Right-Of-Way Engineering Services, Inc. June 25, 2018 Mr. Daniel Zimny, P.E. City Of Carlsbad Public Works -Engineering 1635 Faraday A venue Carlsbad, Ca 92008-7314 Land Surveying CA1298 Project: Cross sections for HEC-RAS study between Cannon Road Bridge and El Camino Real Bridge. Mr. Zimny, Per your request, I have prepared a scope of work and related fees to collect data along the IO section alignments Wayne Chang identified and shown on the provided drawings. Sections requested are: 10+24.06, I 1+42.50, 12+38.54, 12+75.89, 13+51.03, 14+08.67, 14+88.54, 15+99.81, 16+38.35 and 16+74.96 Scope of work Task I. Recover/ Re-establish NAD 83, NGVD 29 project control I. Collect X,Y, Z locations along the defined section alignments at all grade breaks, and surface changes. Hours 3.0 32.0 • IO sections in dense brush and tall tree canopy based on the "x-sec" drawing. 2. Compile cross section points into AutoCAD file and text file for delivery 4.0 3. Supervision and coordination •2.0 Total (time and materials) not to exceed Cost $510.00 $5,440.00 $320.00 $190.00 $6,460.00 Deliverable: AutoCAD dwg file containing the points collected along the cross sections and a text file of the points. No DTM or contours will be created. Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~~~ Michael Schlumpberger President 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-270 I • Email rov.rdrowcng.net 4 APPENDIX A PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 17 FOR PROJECT NO. 3957 CA1298 This sev~teenth Project Task Description and Fee Allotment, is entered into on ___ ___._.=...a.,,....._:....,q_---,JL..>oo:::....i-....>OC...u=lf-=-------' pursuant to an Agreement between Right of Way Engineering Se ices, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS 2. Contractor shall provide surveying 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 22, 2018, ("proposal"), attached as Appendix "A" for the El Camino Real Site Survey and Easement Plat and Legal Preparation, (the "Project"). The Project services shall include a field survey and preparation of a plat and legal description for a proposed easement 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 20 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 45 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. 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 $2,415.00. City Attorney Approved Version 7 /19/17 CA1298 4. PREVAILING WAGE RATES 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. TABLE 1 FEE ALLOTMENT El CAMINO REAL SITE SURVEY AND EASEMENT PLAT AND LEGAL PREPARATION TASK GROUP TIME & MATERIALS Not to Exceed Field survey center of proposed easement and tie to existing $960 survey monuments Prepare legal description and accompanying plat $1,360 Supervision and coordination $95 TOTAL (Not-to-Exceed) $2,415 City Attorney Approved Version 7 /19/17 2 CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By~~ (sign here) /(;uj,,,~/ .;:vl.J;.,,,-;a6~rq,:r ~,,:,,;.,J,;,,---/- (print name/title) CA1298 RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (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: @1~ Lukeyic Works Director Date: __ (:}_' °'_J_· _1 B ___ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney ~ BY: --~=-='---""---"'-'--=--<-==½f--- Deputy City Attorney City Attorney Approved Version 7 /19/17 3 Right-Of-Way Engi~ering Services, Inc. Land1~uPleying RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary =- 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Right-Of-Way Engineering Services, Inc. January 22, 2018 Mr. John Maashoff City Of Carlsbad 405 Oak Avenue Carlsbad, Ca 92008 Land Surveying Project: Legal descriptions with plat covering a 30' diameter area within Lot 150 of Map 8150. Mr. Maashoff, Per your request, I have prepared a scope of work and related fees to prepare a legal description with plat map covering a 30' diameter area within Lot 150 of Map 8150 -APN 208-070-01-00. The exact location of the easement will centered around a specific point to be identified in the field by the project engineer, city staff or a designated representative of the City. Task Hours 1. Field survey locating the center of the easement site and existing 6.0 survey monuments to establish the easement position within 2. Lot 150. Prepare a legal description with p!at describing an area covered by a 30' radius within Lot 150. 3. Supervision and coordination Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~.,<~ Michael Schlumpberger President 16.0 1.0 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email rnwiiirnwemrnel Cost $960.00 $1,360.00 $95.00 $2,415.00 .~ RIGHT-1 OPID·SI- ACORD CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~-01/24/2018 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 riahts to the certificate holder in lieu of such endorsementlsl. PRODUCER 503-397-0714 ~~!li'.'cT Ron Schlumpberger NFP Property & Casualty Svcs iA~g,N:o, Ext): 503-397-0714 I r.:i~. No):503-397-0674 61 Plaza Square St. Helens, OR 97051 ~nMnAJ~QS: Ron Schlumpberger INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Ohio Security 24082 INSURED Right-Of-Way Engineering INSURER B, Continental Casualty Company 20443 Services, Inc. INSURER c: Property & Casualty Ins Co 34690 615 S. Tremont St Oceanside, CA 92054 INSURER D, American Fire & Casualty Co 24066 INSURER E: 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 ~.~.PnL ~.~~~ POLICY NUMBER .. ~!)LICY EFF _ _POLICY EXP LIMITS I TR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r-D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED 1,000,000 y BKS57443227 11/20/2017 11/20/2018 aoc11.,11c:-c:c, tr=::l ,..,.. .. f 1rronri'!l $ f-- MED EXP /Anv one nersonl $ 10,000 f--1,000,000 PERSONAL & ADV INJURY $ f--2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY D rrA D Loe PRODUCTS· COMP/OP AGG $ 2,000,000 OTHER· s AUTOMOBILE LIABILITY I-- COMBINED SINGLE LIMIT IF~ """'"M" $ ANY AUTO BODILY INJURY /Per nersonl $ -~ OWNED SCHEDULED ~ AUTOS ONLY -AUTOS BODILY INJURY /Per accidenll $ HIRED ~8flo't~~T.~ ip~1~fc~~t?AMAGE $ -AUTOS ONLY - $ D X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE USA56576990 11/20/2017 11/20/2018 AGGREGATE $ 4,000,000 ./ DED I X I RETENTION $ 10,000 < C WORKERS COMPENSATION X I ~ffTtJTF I I fJH-AND EMPLOYERS" LIABILITY YIN 02/01/2018 02/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D y 52 WEC ER8804 E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under DE"'f:RIPTION l)F OPERATIONS below E.L. Dl"'EA"'E. pnucY LIMIT < 1,000,000 B Professional Liab I LSH288314506 11/20/2017 11/20/2018 Per Claim 1,000,000 Claims Made Agg 2,000,000 ,I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Carlsbad, its officials, employees and volunteers are additional insured on the general liabili~ with re~ect to insureds operations per attached endorsement CG88 0 0413. aiver of Subrogation on Workers Comp per attached endorsement WC040306. CERTIFICATE HOLDER GANGELi ATION CITYCA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/oEXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVE PO Box 4668 -ECM#35050 ~~~ New York, NY 10163-4668 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD '6 Policy ft BKS57443227 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION Tllis endorsement modifies insurance provided under tile following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON-OWNED AIRCRAFT NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES AAND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrigllied material of Insurance Services Office, Inc., wilh its permission. 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 ~ = --- = With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT 8. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (otller than insurance written to apply specifically in excess of this policy), contingent or on any other basis. that would also apply to the loss covered under this provision. NON-OWNED WATERCRAFT Under Paragraph 2. Exctusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and ii (b) Not being used to carry persons or properly for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Ser,iccs Office, Inc,, with its permission. Page 2 of 8 Q b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with perm1ss1on of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic proteclion sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease or premises. However, that portion of the contract for a lease or premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments • Coverages A and B, Paragraph 1.b. is replaced by lhe following; b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who ls An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by; a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "properly damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighled malerial of Insurance Services Office, Inc., with its permission. Page 3 of 8 N N 0 --- b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to ''bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. 2. The insurance afforded to such additional insured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing . operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty t.o defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. © 2013 liberty Mutual Insurance CG 88 1 D 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 0 H. 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of lhe render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) Tl1e preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if lhe "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added lo Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement. the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaralio ns. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 = = = r.i ~ 8 -- 0 I. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which lhe addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS • EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies lo any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a writlen contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill -Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or lo your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation lo share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee"s" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for ''bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with ils permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused In whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception dale of the policy shall not prejudice the coverage afforded by this policy provided such failure lo disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added lo Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". -,, N. LIBERALIZATION CLAUSE 0. If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: ·3_ "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 );i P. EXTENDED PROPERTY DAMAGE __ Q. --=== -- - = == = Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from !he use of reasonable force to protect persons or property. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and !hat person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 8_ 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. = -- © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighled material of Insurance Services Office. Inc., with its permission. Page 8 of 8 g COMMERCIAL GENERAL LIABILITY CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: -COMMERCIAL GENERAL LIABILITY COVERAGE PART - Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. -SCHEDULE 1. Name: CITY OF CARLSBAD/ CMWD 2. Address: C/O EXIGIS INS COMPLIANCE SERVICES PO BOX 4668 -ECM35050 NEW YORK, NY 10163 3. Number of days advance notice: 30 All other terms and conditions of this policy remain unchanged. © 2011 Liberty Mutual Agency Corporation. All rights reserved. CG 80 61 05 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 52 WEC ERB 8 04 Endorsement Number: Effective Date: 02/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RIGHT OF WAY ENGINEERING SERVICES INC 615 S TREMONT ST OCEANSIDE, CA 92054 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 premium otherwise due on such remuneration. 5 % of the California workers' compensation SCHEDULE Person or Organization 'ANY PERSON OR ORGANIZATION WRITTEN CONTRACT OR AGREEMENT RIGHTS FROM US. " Job Description FROM WHOM YOU ARE REQUIRED BY TO OBTAIN THIS WAIVER OF Countersigned by ___________________ _ Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/16/17 Policy Expiration Date: 02/01/19 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 16 PROJECT NO. 6607 CA1298 This sixteenth Project Task Description and Fee Allotment, is entered into on N0VeW)bf£ "7 J 2.0 11 , pursuant to an Agreement between Right of Way Engineering Services, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Civil Surveying in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2015 Edition and the supplements thereto as published by the "Green Book" Committee of Public Works Standards and the proposal dated September 28, 2017, ("proposal"), attached as Appendix "A" for the Romeria CMP Replacement -Site Survey, (the "Project"). The Project services shall include Site Survey and preparation of base map west of the intersection of La Costa Avenue and Romeria Street for the CMP Replacement 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 fifty (50) 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 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 $3355. City Attorney Approved Version 7 /19/17 CA1298 4. PREVAILING WAGE RATES Ill 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 7/19/17 2 CA1298 TABLE 1 FEE ALLOTMENT SITE SURVEY AND PREPARATION OF BASE MAP TASK GROUP TIME & MATERIALS 1. Record Map Research $170 2. Locate recorded monuments, property lines, right of way, $340 and street centerlines 3. Establush horizontal and vertical control 4. Field Topography survey 5. Preparation of Base Map 6. Boundary Calculations and note reduction 7. Supervision and coordination TOTAL (Not-to-Exceed) CONTRACTOR RIGHT OF WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By:~~ (sign here) ffL,,:1---.,.,.j 5,_,1,-,/u""tJ6e-r3c.r Ir ,..,.:-:.s,,./,.;r, /- (print name/title) RIGHT OF WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) $510 $1360 $640 $240 $95 $3355 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: //,)•/1 Date:_;,__ ________ _ APPROVED AS TO FORM: CELIA A. BREWE~torney BY: (//ed;~)i Deputy City Attorney City Attorney Approved Version 7 /19/17 3 Appendix "A" Right-Of-Way Engineering Services, Inc. September 28, 2017 Mr. Daniel Zimny City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Land Surveying Project: Topography along La Costa Avenue for storm drain improvements. Mr. Zimny, Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of work Task 1. Research record maps at the County of San Diego and City of Carlsbad. 2. Locate and tie in record monuments to orient record property boundaries, street centerlines and right of way lines. 3. Establish NAD 83 horizontal and NGVD 29 vertical control on the project site based on the City of Carlsbad control. 4. Field topography from R/W to R/W along La Costa Avenue from the easterly curb return of Romeria Street to approximately 200' west of Romeria Street. As shown on the PDF titled "Romeria CMP Replacement" Topography will include visible trench lines, storm drain catch basins, existing manholes with detailed pipe sizes and invert elevations. All curb, gutter, lip, driveways, walls, walks, concrete, asphalt, and surface utilities will also be included. 5. Preparation of base map at 1 "= 20' feet with 1' contours, existing ground profile, (1 "=4' vertical) existing property lines, addresses, and right of way lines. 6. Boundary calculations and note reduction 7. Supervision and coordination Total (time and material) not to exceed Hours 2.0 2.0 3.0 8.0 8.0 3.0 1.0 Cost $170.00 $340.00 $510.00 $1,360.00 $640.00 $240.00 $95.00 $3,355.00 We are currently scheduling 4 weeks from notice to proceed to start of work. Schedule may vary depending upon current commitments at NTP. Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~,<~ Michael Schlumpberger President 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-270 I • Email row@roweng.net Right-Of-Way Engii~ering Services, Inc. Land Sij~~eying RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary ==- 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net RIGHT 1 -OP ID· SH _.,4~C:,R_C:,··o CERTIFICATE OF LIABILITY INSURANCE \ DAiE (MMIDD/YYYY) ~ 01/06/2017 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 riqhts to the certificate holder in lieu of such endorsement(s). PRODUCER 503-397-0714 ~2~I~cT Ron Schlumpberger NFP Property & Casualty Svcs PHONE 503-397-0714 I FAX •l 503-397-067 4 61 Plaza Square (AIC, No, Ext): (A/C, No: St. Helens, OR 97051 ~o~J~""' Ron Schlumpberger INSURER!$\ AFFORDING COVERAGE NAIC# INSURER A, Ohio Security 24082 INSURED Right-Of-Way Engineering INSURER B: Continental Casualty Company 20443 Services, Inc. INSURER c: Property.& Casualty Ins Co 34690 615 S. Tremont St Oceanside, CA 92054 INSURER D: INSURER E: 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. A X COMMERCIAL GENERAL LIABILITY -=:J CLAIMS-MADE CR] OCCUR ~ ------------ X BKS57443227 POLICY EFF POLICY EXP IMMIDD/YYYY\ IMM/nOIYYYY\ LIMliS EACH OCCURRENCE s 1,000,000 DAMAGE TO RENTED 1 000 000 11/20/2016 11/20/2017 1-'P_c•R"'-"-l=Mu.,.l·S,._:l="'-<S.U-O 11=aw-n~rr"~"'•='"=''Pcc''__..,,_.cS~----' __ , ~,-1 10,000 MED EXP /Anv one nerson\ S 1,000,000 f-------------- GEN'L AGGREGATE LIMIT AFPLIES PER: iXl PoucY D 'ffc?r D Loe PERSONAL & ADV INJURY s GENERAL AGGREGATE PRODUCTS -COMP/OP AGG S 2,000,000 / 2,000,000 ,c n OTHER: H OMOBILE LIABILITY ANY AUTO OWNED Fl SCHEDULED AUTOS ONLY AUTOS HIRED NON-OWNED AUTOS ONLY AUTOS ONLY -UMBRELLA LIAB H OCCUR EXCESS LIAS CLAIMS-MADE OED I I RETENTION s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under YIN D N/A f-DESCRIPTION OF OPERATIONS below , B Professional Liab ! Claims Made 52 WEC ER8804 LSH288314506 s COMBINED SINGLE LIMIT tr::,:,, ---=.-1~-•\ BODJL Y INJURY /Per ne1son\ S BODILY INJURY /Per accident\ S s EACH OCCURRENCE AGGREGATE X I ~~~Tl TT!= I I fJH· 02/01/2017 02/01/2018 E.L. EACH ACCIDENT s E.L. DISEASE -EA EMPLOYEE S E.L DISEASE -POLICY LIMIT S 11/20/2016 11/20/2017 Per Claim Agg i j)ESCRIPTIO.ti OF ..QP~M_TIONS I LQfATIQNS ! VEHICLES (ACORD 101, Additional Rom.:i.rks Schodulo, may bo attached if more space is roquirod) ;r'ro1ect: un-t,;all :survey :services 1Location: City of Carlsbad ,Operation: Surveying services ;City of Carlsbad, its officials, employees and volunteers are additional iinsured on the general liability with respect to insureds operations. i CERTIFICATE HOLDER CANCELLA Tl ON ! CITYCAR 1,000,000 1,000,000 1,000,000 1,000,000 2,000,000 City of Carlsbad, SHOULD ANY OF THE.ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I a municipal corporation Attn: Rhonda Heather 1635 Faraday Ave. Carlsbad, CA 92008 ACORD 25 (2016/03) AUTHORIZED REPRESENiAilVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ./ ~olicy Number BKS57443227 / COMMERClAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENEP~L LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON-OWNED AIRCRAFT NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED • FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERAL!ZA TION CLAUSE BODILY lNJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US· WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Ser1ices Offr::e, Inc., wilh its permission. 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page i of 8 With respect to co,1erage afforded by this endorsement, the provisions of the poliC)' apply unless rr.odified · by iha endorsement. A. NON-01J\INED AIRCRAFT Uncier Paragraph 2. Exclusions of Section I -Coverage A -Bodily injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircrait provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilol; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this pro,;ision does not apply if there is available to the insured other valid and collectible insurance; whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. _6. NON-OWNED WATERCRAFT i---- C. D. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section !V -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by lhe follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii} Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or iewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighled material of Insurance Services Office, Inc., with its permission. Page 2 of 8 0 g b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systerns to premises while rented to you or temporarily occupied by you with permission of the O'i.rner. A sc::pa;ate limit of insurance applies to Damage To Pr2mises Rented To You as described in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because oi "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the cwner ior damage by fire, lightning, explosion, smoke or leakage from automaiic protection sys- tems; or b. Contents that you rent or lease as p2rt of a premises rent2I or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RErlTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leak2ge from automatic fire protection systems to premises while rented to you or temporarily occupied 1:,y you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contracl". E_ MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, lhe Medical Payments provided by this policy are amended as follows: Under Pmagraph 1. Insuring Agreement of Section I -Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: {b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES AAND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of eccidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or deiense of the claim or "suit", including actual loss oi earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMlT ~. Paragraph 2. under Section \\ -Who Is An Insured is amended to include as 2n insured any person or orgenrzation whom you have 2greed to add as an addiiional insured in a written contract, v1ritten -agreement or permit. Such person or organization is an additionel insured but only with respect to liability for "bodily injury", "property d2mege" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury·· is committed, subsequent to the signing of such written contract or v1ritten 2greement; or © 2013 Liberty Mulu"I Insurance CG8S100413 Includes co;iyrighled mclerial of Insurance Services Officie, Inc., v1ith its permission_ Page3of8 _, -- --= = = b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for ihe state or political subdivisio,1; (2) This insurance does not 2pply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the iollowing hazards: (a) The existence, maintenance, repair, constn;ction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use oi any elevators covered by this insurance. i. The insurance aiforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader th,rn \hat which you are required by :': the ccrntract or agreement lo provide for such additional insured. 0 With respect lo Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (i) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s} at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of lhe same project. With respect to Paragraph 1.b. abo,1e, a person's or organization's status as an additional insured under this endorsement ends 'Nhen their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insur2nce does not apply to any "occurrence" v1hich takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". \f\le have no duty to defend an additional insured under this endorsement until we receive written notice or a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties ln the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. © 2013 Liber1.y Mutual lnsl.!rance CG33i004B Includes copyrighted materiel of Insurance Ser,dces Office, Inc., with its permission. Page 4 of 8 0 H. 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" er "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising oui of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in tne supervision, hiring, employment, training or monitoring of others by that insured, ii the "occur- rence" which caused the "bodily injury" or "property damage", or tha-offense which caused the "personal and advertising injury", involved the rendering of, or the failure lo render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (i) All work, including materials, parts or equipment furnished in connection with such work, on the project (other lhan service, maintenance or repairs) to be petiormed by or on behalf of the additional insured(s) at the location oi the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same projecl e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declar2tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaralio ns. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organiz2tion who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. other Insurance of SECTION lV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 20,3 Liberty Mutual Insurance CG 68 10 04 13 Includes copyrighted material oi Insurance Services Oi1ic2, Inc., v;ith its permission. Page 5 of 8 8 b. The following is added to Paragraph b. Excess Insurance: When a ,vritten contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or leese contract or agreement, or permit issued by a state or political subdivision _between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as 2 Named Insured. Regardless of the v1ritten agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This prevision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrei-,ce, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to lhe additional insured; and c. Agree to make available zny other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section lll -Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who ls An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint V8nture), to your members {if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related io the conduct of your business, or to your other "volunteer workers" while performing duties reiated to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer '.'lorker" as a consequence oi Paragraph (1) (a) above; (c} For which there is any obligation to share damages with or repay ·someone else who must pay damages because of the injury described in Paragraphs (1) (a) or {b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professionel health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by .you, includes the direct supervision of other "employ- ees" of yours. Holf1ever, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" ansrng out of their williul conduct, which is defined as the purposeful or willful intent to cause "bodily injurj" or "personal and advertising injury", or caused in whole or in part by their intoxica- t!on by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who ls An Insured is replaced by the iol!ol'ling: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, 1Nill qualify as a Named Insured if ihere is no other similar insurance available to the! organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you: b. Coverage A does not apply to "bodily injury" or "property damage" ihat occurred before you acquired or formed the organization; and c. Coverage B does not apply lo "personal and advertising injury" arising out of an offense committed · before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured wiih respect to the conduct of any current or past partnership, JOmr venture or limited liability company that is not shown as a Named Insured in the Declaalions or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the incep,ion date of the policy shall not prejudice ihe coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section !V -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, ser1ant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragr2ph 1. of Section ll -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent. seNant or "employee". o N. l!BERALIZATION CLAUSE 0. If v.>e revise this Commercial General Liability Extension Endorsement to pr6·1ide more coverage wi,hout additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick· ness or disease. © 2013 liberty Mutual Insurance. CG88i004i3 Includes copyrighted material of Insurance Services Office, Inc., wilh ils permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BOD!L Y INJURY AND PROPERTY DAMAGE LIABILITY is rep!aced by the following: a. Expected Or lnt£onded Injury "Bodily injury" or "property damage'' expected or intended from the standpoint of the insured. This exclusion does not apply to "bodiiy injury" or ''property damage" resulting fro,;, the use of reasonable force to protect persons or property. __ Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU = 0 -- 0 Under Section IV -Commerci2l General Liability Conditions, the following is ·added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because oi payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operaticns hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent io the execution of the \,Vritten contract or v1ritlen agree- ment. CG 88 10 04 13 © 2013 Liberty Mulual Insurance Includes copyrighted material of Insurance Services Ofiice, Inc., with its permission. Page 8 of 8 : ! -~® ACORD. ~ CERTIFICATE OF LIABILITY INSURANCE D.~TE (MM/DD/YYYY) 01/05/2017 THIS CERTIRCATE IS ISSUED AS AhlATTER 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 CERTJFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BET'NEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORT~.NT: If the certificate holdc;r is an ADDITIONAL INSURED, ,he pclicy(ies) must have ADDITIONAL INSURED provisions or beendors<=d. Ii SUBROGATION IS WAIVED, subject to the terms and conditions of the po!icy, cert.a in policies may require an endorsement. A statemem. on this certificate does not confer rights to the certificate holder in fieu of such endor:s:ement(s). PRODUCER CONTACT NAME: Peter Bardeen Bardeen Insurance Agency PHONE j FAX 210 E Fig St Ste 104 (A/C, NO, EXT): 760-728-0833 (A/C, NO): 760-728-0330 E-MAIL Fallbrook CA 92028-2889 ADDRESS: pbardeen@farrnersagent.com INSURER($) AFFORDING COVERAGE ! NAIC# :NSURED INSURERA: Truck Insurance Exchange 21709 Farmers Insurance Exchange 21652 INSURERB: RIGHT-OF-WAY ENGINEERING Mid Century Insurance Company I 21687 INSURERC: 615 S TREMONT ST INSURER D: OCEANSJOE CA 92054 JNSURERE: INSURERF: -COVcRAGES CERTIFICATE NUMBER: REVISION NUMSER: : I I -HIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELO\/'/HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWJTHSTA,\JDING ANY ':EQUIRElvlENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUM:NTWITH RES?::CTTO WHICH THIS CERTIFICATE M"Y SE ISSUED OR ,\·IAYPERTA/N. THE INSURANC:'.sFFORDED 6YTHE L:"OLICIES DESCRIBED HERE/~! IS SUBJECT TO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY H'IVE BEEN REDUCED SY PAID CLAIMS. ',NSR TYPEOFINSURANCE ADDTL ;.UNBDR POLICYNUMSER POLICYEFF POLICYEXP LIMITS LTR INSD ,. (MM/0D/YYYY) (MM/DD/YYYi) COMMERCIAL GENERAL LIABILITY ~] CLAIMS-1•,IADE I] OCCUR I I h'l'l AGGREGATE UIVIITAPPUES PER: H POLICY D PROJECT D LOC , OTHER: AUTOMOBILE LIABILITY I ~ EACH OCCURRENCE Dl'<lv1.'<GETO RENTED PRE/VllSES (Ea Occum~m::e/ MED EXP (.;ny one person} PERSONAL&ADV INJURY GENER;-.L . .O,GGREGATE s PRODUCTS-COMP_/OPAGG S COMBINED SINGLE LI.vi IT (Eu.accident) $ $ 2,000.000 BODILY INJURY (Per pt!rsor.) S i A I Fl AN'tA.UTO I OWNED AUTOS I ONLY X SCHEDULED AUTOS y y 604792537 02/01/2017 02/01/2018 BODILY INJURY (Per accid~nr) $ I -X - - HIRED AUTOS ONLY UMBRELlA LIAB EXCESSLIAB ,--- r-- NON-OWNED AUTOS ONLY OCCUR Cl.AIMS-MADE OED I I RETENTION s ! PROPERW DAf,lAGE (Peracci:::lent) E.ACH OCCURRENCE AGGREGATE ,s $ $ woRKERScOMPENSATION [ PER J / oTHER i's ANDEMPLOYE'RS'UABILITY SRTUTE --1 ANY PRO PRJETOR/PARTN ER/ Y/N 1--E._L_EA_C_H_"_· c_c_i_o_EN_'T ___ ~s,. --1 EXECUTl'.'EOFFICER/ME,'vlBE.'1 =···· N/A E.L. DISEASE-E.sEMPLOYEE ~ j : E:<CLUDED7 (Mandato~/ in NH) ! I lfy2s, d,c;c:-ibc-und~r DESCRJPTION OF E.l. DJSEASE-POLICY LJI\A.ff $ i, 1 OPERATIONS below : .. ~~~---l---+--+----+---+---t-----11 --1 I I ': D~CRlPTION OFOPERAT!ONS/LOCATIONS/VEH!CLES (ACORD 101, Additiona:J Remarks Schedul~. mziy be Zit!:3ched if mor<2-space is required) ;2C15 GMC SIERRA K15; VIN: 1GTV2UECOFZ226585 I C::'CC:TIFICATE HOLDER CARLss.,;o MUNICIPfa,l WATER DJST 1635 FARADAY AVE ATTN: CONTRACT ADMINISTRATION CANCELLATION !BED POLICIES BE CANCELLED BEFORE THE EXP!P-ATION __vEpED lN ACCORDANCEWJTHTHE POLICY PROVISIONS. AUTHORIZED REPRESrT,:-T -------~r-ARLS&'u,;. _________ _f._r;,a_....so!2LllJJ:L-_____ .L. _______ rs.._f-''--&f-':c...---=--=-------------- . \~{~2015ACORD CORPORATION. All Rights Reserved ACORD 25 (2016/03) ,·.· -69 1 i-15 The ACORD name and logo are registered marks otACORD POLICY NUMBER: 604792537 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 02/01/2017 Named Insured: RIGHT-OF-WAY ENGINEERING (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): CARLSBAD MUNICIPAL \J\JATER DIST (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who ls An Insured Provision contained in Section I! of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Jnc., 1998 Page 1 of 1 D CA1298 RATIFICATION OF PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.13 PROJECT NO. 55291 This R�fication of the thirteenth Project Task Description and Fee Allotment, is entered into on J\.M( 30. 'lo\ 1--, but effective as of Aug. 23, 2016, pursuant to an Agreement between RIGHT-o'F-WAY ENGINEERING SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS 2. Contractor shall provide survey in accordance with the "Project Engineer's Manual", 2001edition, as published by the City's Engineering Department, City "Standards for Design &Construction of Public Works Improvements in the City of Carlsbad," and the proposaldated August 23, 2016, ("proposal"), attached as Appendix "A" for the SettlementMonitoring At The Poinsettia Lift Station, (the "Project"). The Project services shallinclude settlement monitoring at the Poinsettia Lift Station. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City's Purchasing Department,constitutes notification to proceed to the Contractor. Contractor completed the work onAugust 23, 2016. Working days are defined in section 6-7 .2 "Working Day" of the StandardSpecifications for Public Works Construction (Green Book). In no event shall Contractorwork beyond the term or authorized compensation of the Agreement, as amended by thisProject 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 Table1.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 anyand all tasks by the Contractor constitutes acknowledgment by Contractor that such tasksare 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 $3,770. City Attorney Approved Version 8/3/16 CA1298 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 workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations 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 wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, 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 CA1298 TABLE 1 FEE ALLOTMENT SETTLEMENT MONITORING AT THE POINSETTIA LIFT STATION, PROJECT NO. 55291 TASK GROUP TIME & MATERIALS Establish 19 points (4 hrs) $680 Prepare spreadsheet to track monitorinq (3 hrs) $255 Subsequent monitoring & update spreadsheet (15 hrs) $2,550 Supervision & coordination (3 hrs) TOTAL (Not-to-Exceed) CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC.,a California corporation (name of Contractor) By��- (sign here) dftd,,d .5J...hA:146er�/J,c..->1/�r±=­(print name/title) RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) $285 $3,770 If Contractor is a corporation, this document must be signed by one individual from eachcolumn: 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: Ic Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _..J=.}4�@===�����;.J__­Deputy City Attorney /� -y),, 7 Date: __ w ________ _ City Attorney Approved Version 8/3/16 . , B--,, dl1:ii Right-Of-Way Enail'"'.:ering Services, Inc. Lam( RESOLUTIONS ADOPTED BY UNANWOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L.SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net August 23, 2016 Mr. Scott Fisher City Of Carlsbad 5950 B Camino Real Carlsbad, Ca 92008-8802 Project: Settlement monitoring at the Poinsettia Lift Station. Dear Mr. Fisher, Appendix A Per your request, I have prepared a scope of work and related fees to establish 19 monitoring points within and on the slope adjacent to the Poinsettia lift station along with an estimated 6 additional monitoring visits. Task 1. 2. Establish 19 points in locations agreed upon by City staff and the project inspector. Collect initial location prior to start of of excavation. Prepare and excel spreadsheet to track initial and subsequent monitoring of each monitoring point. Hours 4.0 3.0 3.Subsequent monitoring and update of spreadsheet. (Based on 6) 15.0 4.Supervision and coordination 3 .0 Total (time and material) not to exceed Note: Cost $680.00 $255.00 $2,550.00 $285.00 $3,770.00 Accuracy of the survey method that will be utilized will be plus or minus 0.01' (a change over 0.02' could be interpreted as movement). Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. �--<� Michael Schlumpberger President 4 CA1298 RATIFICATION OF PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 12 PROJECT NO. 5008 This Ratification of the twelfth Project Task Description and Fee Allotment, is entered into as of the ?,� day of �c., , 20 \--:\--, but effective as of Jan. 24, 2017, pursuant to an Agreement between RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide survey in accordance with the "Project Engineer's Manual", 2001edition, as published by the City's Engineering Department, City "Standards for Design &Construction of Public Works Improvements in the City of Carlsbad," and the proposaldated January 24, 2017, ("proposal"), attached as Appendix "A" for the SettlementMonitoring Of The Vault At The East End Of Pirgos Way, (the "Project"). The Projectservices shall include settlement monitoring of the vault at the east end of Pirgos Way. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City's Purchasing Department,constitutes notification to proceed to the Contractor. Contractor completed the work onFebruary 28, 2017. Working days are defined in section 6-7.2 "Working Day" of theStandard Specifications for Public Works Construction (Green Book). In no event shallContractor work beyond the term or authorized compensation of the Agreement, asamended 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 Table1.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 anyand all tasks by the Contractor constitutes acknowledgment by Contractor that such tasksare 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 $7,680. City Attorney Approved Version 8/3/16 4. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill CA1298 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. City Attorney Approved Version 8/3/16 CA1298 TABLE 1 FEE ALLOTMENT SETTLEMENT MONITORING OF THE VAULT AT THE EAST END OF PIRGOS WAY, PROJECT NO. 5008 TASK GROUP Establish monitorinq points & benchmarks Prepare spreadsheet to track monitoring Subsequent monitorinq & update spreadsheet Supervision & coordination TOTAL (Not-to-Exceed) CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By:��-- (sign here) Pi, d,� o/ f>r_)./vm f)bv :rc:r/ f)rc�'/de,-rl-­(print name/title) TIME & MATERIALS RIGHT-OF-WAY ENGINEERING SERVICES, INC.,a California corporation (name of Contractor) By: (sign here) (print name/title) $680 $85 $6,630 $285 $7,680 If Contractor is a corporation, this document must be signed by one individual from eachcolumn: 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 /n.J� By: Elaine Lukey, PGblic Works Director /' �,,) Date:_& _________ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:-�� ......... ·�'-=------=-=-=------Deputy City Attorney City Attorney Approved Version 8/3/16 3 Right-Of-Way Engi��ering Services, Inc. LandS�ying ,> ,�)If, I RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L.SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary =- 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Appendix A Right-Of-Way Engineering Services, Inc. January 24, 2017 Mr. Scott Fisher City Of Carlsbad 5950 El Camino Real Carlsbad, Ca 92008-8802 Land Surveying Project: Settlement monitoring of the Vault at the east end of Pirgos Way. Dear Mr. Fisher, Per your request, I have prepared a scope of work and related fees to establish monitoring points on the water vault at the east end of Pirgos Way and provide additional monitoring. Task 1. 2. Establish monitoring points and benchmarks to monitor vertical movement of the existing Vault. Collect initial elevation of vault. Prepare and excel spreadsheet to track initial and subsequent monitoring of each monitoring point. 3.Subsequent monitoring and update of spreadsheet. (Based on 26)4.Supervision and coordinationTotal (time and material) not to exceed Note: Hours 4.0 1.0 39.0 3.0 Cost $680.00 $85.00 $6,630.00 $285.00 $7,680.00 Only vertical position will be tracked. Accuracy of the survey method that will be utilized will be plus or minus 0.001' (a change over 0.002' could be interpreted as movement). Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. �.-<� Michael Schlumpberger President 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row:a)r(mcngnct 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 15 PROJECT NO. 7550 CA1298 This fifteenth Project Task Description and Fee Allotment, is entered into on ::Slk\0 \..f~ :Z..Oll , pursuant to an Agreement between RIGHT OF WAY ENGINEE lNG SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide civil surveying 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 May 2, 2017, ("proposal"), attached as Appendix "A" for the Buena Vista Creek Channel Survey, (the "Project"). The Project services shall include survey of Buena Vista Creek channel between Jefferson Street and South Vista Way bridges. 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 (1 0) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty-five (45) 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 $8,765. City Attorney Approved Version 8/3/16 CA1298 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 CA1298 TABLE 1 FEE ALLOTMENT SURVEY OF BUENA VISTA CREEK CHANNEL BETWEEN JEFFERSON STREET AND SOUTH VISTA WAY BRIDGES TASK GROUP Civil Survey of Buena Vista Creek Channel preparation TOTAL (Not-to-Exceed) CONTRACTOR RIGHT OF WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By:~"U-_ (sign here) YJ'/; tkd :SdJ,.h-n abiUifecr /J')o(ZS,Jc:r I- (print name/tit e )1 TIME & MATERIALS and base map RIGHT OF WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) $8,765 $8,765 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: foz-1/Jk Elaine Lukey /fullic Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:-~+---.:----.:.~==-=.:=-=-=-­ Deputy City Attorney Date: ___ 6_';2._'_1_7 ____ _ City Attorney Approved Version 8/3/16 3 Appendix A Right-Of-Way Engineering Services, Inc. May 2, 2017 Mrs. Sherri Howard City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Land Surveying Project: 13 Cross sections at random intervals, matching the past locations of sections collected in 2000, 2004, 2008 and 2012, and the apparent flowline at 50' intervals along Buena Vista Creek from the South Vista Way Bridge to the Jefferson Street Bridge. (Approximately 3700') Dear Sherri, Per your request, I have prepared a scope of work and related fees to complete sections, flowline profile and prepare a base map preparation. Scope of work Task 1. 2. 3. 4. 5. Review previous project observations, calculate intended section locations and previous flowline alignment. Locate existing project control and tie to NAD 83 horizontal control, verify NGVD 29 control. Field cross sections along the existing 13 section alignments, Section will be from the top of the creek bank to top of creek bank, matching previous sections. Collect points along the apparent flowline on approximately 50' intervals. Update existing base map with new point locations, add plotted cross sections and a flowline profile. 6. Calculations and note reduction 7. Supervision and coordination Total (time and material) not to exceed Note: Topography is not included in this proposal Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~..<~ Michael Schlumpberger President Hours 2.0 3.0 16.0 24.0 16.0 4.0 1.0 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row:wroweng.net 4 Cost $170.00 $480.00 $2,560.00 $3,840.00 $1,280.00 $340.00 $95.00 $8,765.00 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT N0.14 PROJECT NO. 0015110 1. CONTRACTOR'S OBLIGATIONS CA1298 Contractor shall provide surveying 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 19, 2017, ("proposal"), attached as Appendix "A" for the Poinsettia Vernal Pools Preserve Conservation Easements, (the "Project"). The Project services shall include permit applications, field survey and legal description preparation. 2. PROGRESS AND COMPLETION Contractor's receipt ofthis 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 eighty (180) 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 $5,290. City Attorney Approved Version 8/3/16 CA1298 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 CA1298 TABLE 1 FEE ALLOTMENT PERMIT APPLICATIONS, FIELD SURVEY AND LEGAL DESCRIPTION PREPARATION TASK GROUP TIME & MATERIALS Field locate the desired limits of the new easement as identified $2,040 by city staff. Prepare legal description(s) with plat(s) for the new easement $1,700 confJguration. NCTD Right-Of-Entry Permit, RWP update, hazard analysis form, $1,360 request and flag person form Supervision and coordination TOTAL (Not-to-Exceed) CONTRACTOR RIGHT -OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By:~~-- (sign here) $190 $5,290 RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) #tr/t-.6-e-l sJ../ofl"~ /er~.:;·;c/e__,t-_______________ _ (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: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____.~1<........:...:-'J/',._./~~a..~~'f----­ Deputy City Attorney JJ, )7, ( f Date: _'1 __ <7 ________ _ City Attorney Approved Version 8/3/16 3 Right-Of-Way En ring Services, Inc. Lan RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT -OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors ofRIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Appendix "A" Right-Of-Way Engineering Services, Inc. March 19, 2017 Ms. Rosanne Humphrey City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Land Surveying Project: Field locate the proposed easement within NCTD R/W, prepare legal description(s) with plat(s) describing the new easement, prepare NCTD permit application and supporting documents. Ms. Humphrey, Per our emails, I have prepared a scope of work and related fees to complete permit applications, perform a field survey and prepare legal description(s). Scope of work Task 1. 2. 3. Field locate the desired limits of the new easement as identified by City staff. Prepare legal description{s) with plat(s) for the new easement configuration. NCTD Right-of-Entry Permit, RWP update, hazard analysis form, request and flag person form 4. Supervision and coordination Total (time and material) not to exceed Note: Hours Cost 12.0 $2,040.00 20.0 $1,700.00 16.0 $1,360.00 2.0 $190.00 $5,290.00 NCTD permit fees, flag person fee, and additional insurance are not included in this proposal. Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~~~ Michael Schlumpberger President 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email rowr(v.roweng.net Carlsbad Poinsettia Station additional easements.docx PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 11 PROJECT NO. 6604 CA1298 T · eleven h Projech Task Description and Fee Allotment, is entered into on -:-:!~........,.:c-~-~~.-~----~--....~.7+--''-ZJ"-£~-----' pursuant to an Agreement between Rl G HT- 0 -WAY ENGINEERING ERVICE , INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying 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 November 14, 2016, ("proposal"), attached as Appendix "A" for the Romeria And La Costa Av Restrictive Covenant Plat And Legal, (the "Project"). The Project services shall include Preparation of plat and legal description for the restrictive covenant. 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). 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 $8,415. City Attorney Approved Version 8/3/16 CA1298 4. PREVAILING WAGE RATES Ill /II /II /II /II /II /II /II /II Ill /II Ill /II /II /II Ill /II 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 CA1298 TABLE 1 FEE ALLOTMENT PREPARATION OF PLAT AND LEGAL DESCRIPTION FOR THE RESTRICTIVE COVENANT TASK GROUP TIME & MATERIALS Prepare legal description and plat $1 '190 Review title reports for APN: 168-040-02, 168-020-65 and 223-2,720 120-33, plotting easements and encumberances Obtain preliminary title reports for APN: 168-040-02, 168-020-65 4,125 and 223-120-33. Supervision and coordination TOTAL (Not-to-Exceed) CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) _.-; /,// By: h-.;.:..;; :?/Z (sign here) Michael Schlumpberger I President (print name/title) RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) 380 $8,415 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: /)' J0 · 1 [, APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __ ~~~====~--~~~-------- Deputy City Attorney City Attorney Approved Version 8/3/16 3 Right-Of-Way Engili~ering Services, Inc. Land·S.eying ' :~:J RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors ofRIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors ofthis Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Right-Of-Way Engineering Services, Inc. November 14, 2016 Mrs. Sherri Howard City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Land Surveying Appendix "A" Project: Legal descriptions with plats for the Romeria Drainage project on site mitigation areas and preliminary title reports covering the Calavera Hills area (APN: 168-040-02, 168- 020-65) and Romeria parcel (APN: 223-120-33). Dear Sherri, Per your request, I have prepared a scope of work and related fees to prepare a legal descriptions with plat maps based on the provided shape files and preliminary title reports. Task 1. 2. 3. Prepare legal descriptions with plats describing 2 mitigation sites at the Romeria project site. Update previously prepared plats for Calavera Hills mitigation sites with existing easements. Review title reports for APN: 168-040-02, 168-020-65 and 223-120-33, plotting existing easements and encumbrances. Preliminary title reports and back up documents, Chicago Title 168-040-02 168-020-65 223-120-33 4. Supervision and coordination Total (time and material) not to exceed Note: Hours 14.0 32.0 $1,100.00 $2,200.00 $825.00 4.0 Cost $1,190.00 $2,720.00 $4,125.00 $380.00 $8,415.00 Descriptions will be based on the shape files provided. Legal descriptions will be based on City of Carlsbad control Record of Survey monuments. No field verification of the accuracy of the shape in relation to the City control will be made. Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~,<~ Michael Schlumpberger President 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@roweng.net PROJECT TASK DESCRIPTION AND FEE ALLOTMENT N0.10 PROJECT NO. 6625 CA1298 This tenth tject T~k Description and Fee Allotment, is entered into on ()c bu ~1 (!) , pursuant to an Agreement between RIGHT- OF-WAY ENGINEERING SRVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying 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 24, 2016, ("proposal"), attached as Appendix "A" for the Lake Calavera Stormwater Improvement Project, (the "Project"). The Project services shall include field site survey and base map preparation. 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 twenty five (25) 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 $7,655. City Attorney Approved Version 8/3/16 CA1298 4. PREVAILING WAGE RATES Ill /II /II /II /II /II /II /II /II /II /II /II /II /II Ill Ill /II /II /II 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 CA1298 TABLE 1 FEE ALLOTMENT FIELD SITE SURVEY AND BASE MAP PREPARATION FOR THE LAKE CALAVERA STORMWATER IMPROVEMENT PROJECT TASK GROUP Field site survey and base map preparation TOTAL (Not-to-Exceed) CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By:·--:J&;.;; ;?L-- (sign here) Michael L. Schlumpberger I President (print name/title) TIME & MATERIALS RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) $7,655 $7,655 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: __ lb--1/,__v_<o-+(_r Cc ___ _ ~ I APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: -----------------------------Deputy City Attorney City Attorney Approved Version 8/3/16 3 Right-Of-Way Engti~ering Services, Inc. Land~g.~ying -:i~f~/~-11!!2 ,, S:;t RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT -OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary =- 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Right-Of-Way Engineering Services, Inc. Land Surveying August 24, 2016 Appendix "A" Mrs. Sherri Howard City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography covering the Calavera stormwater pond area, outlet area and potential drain route to the existing mitigation site. Dear Sherri, Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of work Task 1. 2. 3. Establish NAD 83 horizontal and NGVD 29 vertical control on the project site based on the City of Carlsbad control. Field topography covering the area indicated in red on the provided PDF file and areas discussed in our field walk of the site. Preparation of base map at 1 "= 20' feet with 1' contours, existing ground profile, (1 "= 4' vertical) existing property lines based on SAN GIS. 4. Calculations and note reduction 5. Supervision and coordination Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~~~ Michael Schlumpberger President Hours 3.0 32.0 18.0 2.0 1.0 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@roweng.net Cost $510.00 $5,440.00 $1,440.00 $170.00 $95.00 $7,655.00 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.9 PROJECT NO. 6608 CA1298 and Fee Allotment, is entered into on -::l::=r.t~Z:::-"f~..........,':<"--'<::Z~<:-t---'"''7'--'""--"'--"'~:-:-:----=--' pursuant to an Agreement between Right- gmeering erv s, Inc., a California corporation, ("Contractor") and the City of Carlsb , ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorp ated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying 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 July 29, 2016, ("proposal"), attached as Appendix "A" for the Northwest Quadrant Storm Drain Program (Roosevelt North), (the "Project"). The Project services shall include performing site survey and preparation of a base map. 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 fifty (50) 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 Citv 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 $4,000. City Attorney Approved Version 8/3/16 CA1298 4. PREVAILING WAGE RATES Ill 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 CA1298 TABLE 1 FEE ALLOTMENT NWQSDP ROOSEVELT NORTH SURVEY & BASE MAP, PROJECT NO. 6608 CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California Corporation (name of Contractor) By~ ~--------._ '(sign here) Michael L. Schlumpberger I President (print name/title) RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California Corporation (name of Contractor) By: (sign here) (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: G~~ielent Sity Monoger -Date: 1)/-.,2 /./ ~ ~lli tle L.lAU:J/ kM0 ?wbC-v\kv~ 1Ar «Jny- APPRovED AS TO FORM: CELIA A. BREWER, City Attorney BY: rlk.c-~ --~~----~~~--------Deputy City Attorney City Attorney Approved Version 8/3/16 3 Appendix "A" Right-Of-Way Engineering Services, Inc. July 29, 2016 Mrs. Sherri Howard City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Land Surveying Project: Additional topography from the intersection of Laguna Drive and Roosevelt Street to station 15+50 as shown on the Roosevelt Street storm drain project improvement plan. Dear Sherri, Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of work Task 1. Additional field topography from the intersection of Laguna Drive and Roosevelt Street to station 15+50. Locating new utilities, overlay elevations and additional features as directed by the project engineer. 2. Preparation of base map at 1 "= 20' feet with 1' contours, existing ground profile, (1"=4' vertical) combining the previous base mapping with new topography, existing property lines, addresses, and right of way lines. 3. Calculations and note reduction Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~,<~ Michael Schlumpberger President Hours 16.0 12.0 4.0 Cost $2,720.00 $960.00 $320.00 $4,000.00 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@rowengnet Carlsbad Roosevelt additional survey Right-Of-Way En ring Services, Inc. Land: RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT -OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 ofthe California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31,2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 6607 CA1298 This eighth Project Task Description and Fee Allotment, is entered into on ::::Su l\J 0 1 l,O \(., , pursuant to an Agreement between Right- -o.,...f-,...,W-:-a-y---=E:-n_g .... in""e-"e=ri'~-llg Services, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying 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 June 20, 2016, ("proposal"), attached as Appendix "A" for the CMP Replacement on Carlsbad Boulevard North of Island Way, (the "Project"). The Project services shall include performing site survey and preparation of a base map. 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 thirty {30) 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 $4,875. City Attorney Approved Version 5/4/16 CA1298 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 5/4/16 2 CA1298 TABLE 1 FEE ALLOTMENT CMP Replacement on Carlsbad Boulevard North of Island Way tASJ{,GiiOUI?: TIME & MATERIALS Field Survey and preparation of a base map $4,875 TOTAL (Not-to-Exceed) $4875 ·i.,_ Executed by Contractor this Zc'' day of _ _;~._: '-=--;-'--',1_,~"'----_______ , 2016. CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California Corporation (name of Contractor) ' // By: '/ "-c, '"'· t.. (sign here) Michael L. Schlumpberger I President (print name/title) RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California Corporation (name of Contractor) By: (sign here) (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: ~--=--+--7 ~....___r6 __ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~"e;~~t~e-~ --~--------~~-------AssistaAt City Attorney ocp1J- City Attorney Approved Version 5/4/16 3 ering Services, Inc. RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors ofRIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Right-Of-Way Engineering Services, Inc. Land Surveying June 20, 2016 Appendix "A" Mr. Daniel Zimny City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography along Carlsbad Boulevard, adjacent slopes and outfall channel for storm drain improvements. Dear Daniel, Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of w ark Task 1. Research record maps at the County of San Diego and City of Carlsbad . Hours 2.0 2. 3. Locate and tie in record monuments to orient record property boundaries, street centerlines and right of way lines. Establish NAD 83 horizontal and NGVD 29 vertical control on the project site based on the City of Carlsbad control. 2.0 3.0 4. Field topography along north bound Carlsbad Boulevard and 16.0 the adjacent slopes as shown on the PDF provided titled "proposed survey limits". Topography will include visible trench lines, storm drain catch basins, existing manholes with detailed pipe sizes and invert elevations. All curb, gutter, lip, driveways, walls, walks, concrete, asphalt, and surface utilities will also be included. 5. Preparation of base map at 1 "= 20' feet with 1' contours, 10.0 existing ground profile, (1 "= 4' vertical) existing property lines, addresses, and right of way lines. 6. Boundary calculations and note reduction 3.0 7. Supervision and coordination 1.0 Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~~~ Michael Schlumpberger President 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row(a{rowengnet Cost $170.00 $340.00 $510.00 $2,720.00 $800.00 $240.00 $95.00 $4,875.00 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 9063 CA1298 This -~~ enth l;'r,Pject Task D scription and Fee Allotment, is entered into on Y !It I (.t' , pursuant to an Agreement between Right- of-aYi E ineering Services, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS 2. Contractor shall provide surveying 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 May 3, 2016, ("proposal"), attached as Appendix "A" for the La Coruna Place Drainage Improvements, (the "Project"). The Project services shall include performing survey and preparation of a base map. 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 thirty (30) 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 $3,695. 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, City Attorney Approved Version 2/29/16 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill CA1298 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 2/29/16 2 CA1298 TABLE 1 FEE ALLOTMENT Survey Services for La Coruna Place Drainage Improvements $3,695.00 TOTAL Not-to-Exceed $3,695.00 Executed by Contractor this ____ day of _____________ , 20 __ . CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) (sign here) Michael L. Schlumpberger/President (print name/title) RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California Corporation (name of Contractor) By: (sign here) (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 C, RLSBAD, a municipal corporation of the State of California Date: --~-/ ___ l_i{_/J ....... ___ 1 ~_'. __ _ r ; By: p APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 2/29/16 3 Right-Of-Way Eng~!l"':ering Services, Inc. Land 'S' ·· · ying RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary =- 615 S.Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Right-Of-Way Engineering Services, Inc. May 3, 2016 Mr. Daniel Zimny City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Land Surveying Appendix "A" Project: Topography along Nueva Castilla Way and La Coruna Place for storm drain improvements. Dear Daniel, Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of work Task 1. Research record maps at the County of San Diego and City of Carlsbad. Hours 2.0 2. 3. Locate and tie in record monuments to orient record property boundaries, street centerlines and right of way lines. Establish NAO 83 horizontal and NGVD 29 vertical control on the project site based on the City of Carlsbad control. 2.0 3.0 4. Field topography from R/W to R/W along Nueva Castilla Way 10.0 from the southerly curb line of La Costa Avenue to La Coruna Place and along La Coruna Place to the end of the cul-d-sac. As shown on the PDF titled "La Coruna proposed project limits" Topography will include visible trench lines, storm drain catch basins, existing manholes with detailed pipe sizes and invert elevations. All curb, gutter, lip, driveways, walls, walks, concrete, asphalt, and surface utilities will also be included. 5. Preparation of base map at 1 "= 20' feet with 1' contours, 8.0 existing ground profile, (1 "= 4' vertical) existing property lines, addresses, and right of way lines. 6. Boundary calculations and note reduction 3.0 7. Supervision and coordination 1.0 Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~,,< Michael Schlumpberger President 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@roweng.net Cost $170.00 $340.00 $510.00 $1,700.00 $640.00 $240.00 $95.00 $3,695.00 Carlsbad La Coruna Place Topography PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 6606 CA1298 and Fee Allotment, is entered into on -.,..:;---1---14~---,L.....J--..c..::;..J..::.....'--..-;..__----' pursuant to an Agreement between Right- of-a n neerin Services, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying 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 21, 2016, ("proposal"), attached as Appendix "A" for the Kelly Channel Repair Project, (the "Project"). The Project services shall include field surveying and updating the existing base map with the additional information. 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 thirty (30) 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 $10,320. 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, City Attorney Approved Version 2/29/16 Ill Ill Ill Ill Ill Ill /II Ill /II Ill Ill /II /II Ill Ill Ill Ill Ill /II /II Ill CA1298 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 2/29/16 2 CA1298 TABLE 1 FEE ALLOTMENT KELLY CHANNEL REPAIR PROJECT $10,320 TOT AL Not-to-Exceed) $10,320 Executed by Contractor this ____ day of _____________ , 20 __ . CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) (sign here) RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (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: __ ,s_-!_· a--1,t U-'-/:_f_' ' ---{-t APPROVED AS TO FORM: CELIA A. BREWER, City Attorney ,,.-// ~ BY: _lL.f?_____..=---e:L,,_~ ___ 'tE_%----~~=--"",-,C,_t::,,,-"0.___. '_ Deputy City Attorney City Attorney Approved Version 2/29/16 3 Right-Of-Way Engineering Services, Inc. March 21, 2016 Mrs. Sherri Howard City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Land Surveying Appendix "A" Project: Cross sections at 100' intervals along Kelly Channel downstream from B Camino Real to the previous channel topography. As-built box outlet into channel and silt level south of Park Drive. Dear Sherri, Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of work Task 1 . Research record maps at the County of San Diego, City of Carlsbad. 2. Locate and tie in record monuments to orient record property boundaries north to El Camino Real. 3. Expand NAO 83 horizontal and NGVD 29 vertical control to B Camino Real. 4. Field cross sections along the existing creek bed 1200' upstream of the previous topography on approximately 100' intervals. Section will be from the top of the creek bank to top of creek bank. (Creek bank at high flow, not flood stage) As-built box outlet into channel and silt level south of Park Drive. 5. Update existing base map at 1"= 20' feet with 1' contours, existing ground profile, (1 "= 4' vertical) existing property lines, addresses, and easement lines. 6. Boundary calculations and note reduction 7. Supervision and coordination Total (time and material) not to exceed Note: Topography is not included in this proposal Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ·7~···· .. ·.· A ·.·· .··.· .•.•. · Michael Schlumpberger , President Hours 2.0 3.0 3.0 46.0 12.0 3.0 1.0 Cost $170.00 $510.00 $510.00 $7,820.00 $960.00 $255.00 $95.00 $10,320.00 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@roweng.net Carlsbad Kelly Channel Cross sections RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary =-- 615 S.Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 6602 CA1298 Descri tion and Fee Allotment, is entered into on -----.~-,=..."--,e.....;'----"""---,.1-+-......,.~..c.-"""""----' pursuant to an Agreement between Right- of-Way ngineering S rvices, Inc., a California corporation ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying 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 15, 2016, ("proposal"), attached as Appendix "A" for the La Costa Storm Drain Replacement Project, (the "Project"). The Project services shall include additional field surveying and updating the base map with the additional information. 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 twenty (20) 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 $1,510. 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 City Attorney Approved Version 1/30/13 CA1298 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. TABLE 1 FEE ALLOTMENT PROFESSIONAL SURVEY SERVICES Perform additional field surveying and prepare an updated base ma to reflect current conditions and additional information 1imi,11]::e;nQMt1'S.UMi:tit;S:1mii1i1:i, $1,510 TOTAL Not-to-Exceed $1,510 Executed by Contractor this ____ day of _____________ , 20 __ . CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By~z£__ (sign here) fl11dr:,d S;J,/c.k,u'ib~{be:f /f,,~ tder.r (print name itle) RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (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. AD, a municipal corporation of the State of California By: Date: _4-'"-+--({--+-'6--=--( __ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_d..........__(':_...~__....-..._./_:)_a _ Deputy City Attorney City Attorney Approved Version 1/30/13 2 Right-Of-Way Engineering Services, Inc. March 15, 2016 Mrs. Sherri Howard City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Land Surveying Appendix "A" Project: 300' of Additional Topography along La Costa Avenue, East of the previous limits. Dear Sherri, Per your request, I have prepared a scope of work and related fees to complete additional topographic survey and supplemental base map preparation. Scope of work Task Hours 1. Additional Reid topography along La Costa Ave extending 300' 6.0 east of the initial topography limits. Topography will include visible trench lines, storm drain catch basins, existing manholes with detailed pipe sizes and invert elevations. All curb, gutter, lip, driveways, walls, walks, concrete, asphalt, and surface utilities will also be included. 2. Revise existing base map at 1"= 20' feet with 1' contours, 4.0 existing ground profile, (1 "= 2' vertical) existing property lines, and right of way lines. 3. Boundary calculations and note reduction 2.0 Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~--<~ Michael Schlumpberger President 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row'iimweng.net Cost $1,020.00 $320.00 $170.00 $1,510.00 Carlsbad La Costa Avenue Topography -additional RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary .......... 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 6618 CA1298 and Fee Allotment, is entered into on ----+~.4....,/.cL._"'4.:.-~~..;L-~-.+,-~.,.k::.""-"""""---' pursuant to an Agreement between Right- of-ay Engineering ervice , Inc., a California corporation ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying 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 3, 2016, ("proposal"), attached as Appendix "A" for the Sunnycreek Streambank Restoration Project, (the "Project"). The Project services shall include field surveying and preparation of a base map. 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 twenty five (25) 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 Proiect 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 $1,935. 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 City Attorney Approved Version 1/30/13 CA1298 the office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. TABLE 1 FEE ALLOTMENT Professional Survey Services TASK GROUP LUMP SUM FEE Perform field surveying and prepare an updated base map to $1,935 reflect current conditions TOTAL (Not-to-Exceed) $1,935 Executed by Contractor this ____ day of _____________ , 20 __ . CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) B . .---J~ ,--, <;, /" y. Jf'P~/ ,,C-,·/'=~--- (sign here) RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (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. ARLSBAD, a municipal corporation of the State of California By: Date '1, !'1 ~_{ I APPROVED AS TO FORM: Deputy City Attorney City Attorney Approved Version 1/30/13 2 ering Services, Inc. RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. ~2~ Michael L. Schlumpberger President Michael L. Schlumpberger Secretary = =--- 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Right-Of-Way Engineering Services, Inc. February 3, 2016 Mrs. Sherri Howard City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Land Surveying Appendix "A" Project: Additional topography covering additional rip-rap placed, tree removal and erosion that has taken place since the original topography on Chase Coman's property. Dear Sherri, Per your request, I have prepared a scope of work and related fees to complete additional topography and update the existing DTM and drawing file. Scope of work Task 1. 2. Topography in the vicinity of the existing headwall locating existing rip-rap placed, tree removal and erosion that has taken place since the original topography Update existing base map at 1"= 20' feet with 1' contours, and new points. 3. Supervision and coordination Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. ~~ Michael Schlumpberger President Hours 8.0 6.0 1.0 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@roweng.net Cost $1,360.00 $480.00 $95.00 $1,935.00 Carlsbad Chase Coman Property Additional Topography -"1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 6602 CA1298 This,_ ~eco~d, .. ProJec~, 1ask ,,Desc_rip ion and Fee Allotment, is entered int? on ,/ /f.· l?l{~~ ... ,/ f -.,_.·?.o / '/:/ , pursuant to an Agreement between Right of Way,Engineering::ervices, I c., a California corporation ("Contractor") and the City of Carlsbad, {:'City") dated N,faVember 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying 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 October 28, 2015, ("proposal"), attached as Appendix "A" for the LA COSTA AVENUE DRAINAGE, (the "Project"). The Project services shall include performing survey and preparation of a base map. 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 thirty (30) 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 "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 ccnstitutes 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 $6,615. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to whom the contract is awarded shall not City Attorney Approved Version 1/30/13 CA1298 pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. TABLE 1 FEE ALLOTMENT Survey Services for La Costa Avenue Drainage Improvements TASK GROUP LUMP SUM FEE Field Survey and preparation of a base map $6,615 TOTAL (Not-to-Exceed) $6,615 Executed by Contractor this ____ day of _____________ , 2016. CONTRACTOR RIGHT OF WAY ENGINEERING SERVICES, INC., a California corporation (name of Contr&ctor) --h ~ r· By:~~~~~-~---~ ... (sign here) Michael L. Schlumpberger / President (print name/title) RIGHT OF WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (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: 4=---.c(-11-,b--=--·c.( __ APPROVED AS TO FORM: City Attorney Approved Version 1/30/13 2 Right-Of-Way En-/ :~ering Services, Inc. Lan "'-? RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. ~ 2 ~=======-- Michael L. Schlumpberger President Michael L. Schlumpberger Secretary =--- 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Right-Of-Way Engineering Services, Inc. Land Surveying October 28, 2015 Mrs. Sherri Howard City Of Carlsbad Appendix "A" 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography along La Costa Avenue east of Pireaus Street and at the basin east of Saxony Road. Dear Sherri, Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of work Task 1. Research record maps at the County of San Diego and City of Carlsbad. Hours 1.0 2. Locate and tie in record monuments to orient record property 2.0 boundaries, street centerlines and right of way lines. 3. Establish NAO 83 horizontal and NGVD 29 vertical control on 4.0 the project site based on the City of Carlsbad control. 4. Field topography along La Costa Ave east of Pireaus Street 8.0 through the area described in email dated 10-26-2015 and shown on PDF titled "Survey-limits Model". Topography will include visible trench lines, storm drain catch basins, existing manholes with detailed pipe sizes and invert elevations. All curb, gutter, lip, driveways, walls, walks, concrete, asphalt, and surface utilities will also be included. 5. Field topography along the drainage structure at the basin east 12.0 of Saxony Road. Extending south of the standing water across La Costa (collecting elevations beneath La Costa if possible) and northerly to the large tree 60+ -north of the side walk, 100' wide. Collect apparent flow line elevations on 50' intervals from the large Tree to the lagoon. 6. Preparation of base map at 1"= 20' feet with 1' contours, 20.0 existing ground profile, (1 "= 4' vertical) existing property lines, addresses, and right of way lines. 7. Boundary calculations and note reduction 4.0 8. Supervision and coordination 2.0 Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 •FAX (760) 637-2701 • Email row@roweng.net Cost $85.00 $340.00 $680.00 $1,360.00 $2,040.00 $1,600.00 $320.00 $190.00 $6,615.00 Carlsbad La Costa Avenue Topography Right-Of-Way Engineering Services, Inc. ~,< Michael Schlumpberger President Land Surveying 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@roweng.net Carlsbad La Costa Avenue Topography CA1298 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 POINSETTIA VERNAL POOLS PRESERVE CONSERVATION EASMENTS This FIRST Project T§,§]< 9es9rip,ti9n and Fee Allotment, is entered int? on C , ' r/ l ~ , ~ ..... :/ v , pursuant to an Agreement between Right of Way' ngineerin erv1ces, I c., a California corporation ("Contractor") and the City of Carlsbad, . cehy") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein ''by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provije surveying 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 October 28, 2015, ("proposal"), attached as Appendix "A" for the Poinsettia Vernal Pools Preserve Conservation Easements, (the "Project"). The Project services shall include flagging the limits of the existing Conservation Easement on NCTD property and establishing legal description and plat for future Conservation Easement on Waters End homeowners association property. 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 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). In no event shall Contractor work beyond the term or authorized compensa!:on 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 the attached scope of work. 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". The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract 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 City Attorney Approved Version 1/30/13 CA1298 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 $6,240.00. TABLE 1 FEE ALLOTMENT SURVEYING SERVICES FOR POINSETTIA VERNAL POOLS PRESERVE CONSERVATION EASEMENT Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TASK GROUP LUMP SUM FEE Research record maps at the County of San Diego and City of $85.00 Carlsbad. Locate and tie in record monuments to orient 1993 easement $510.00 description and reference future easement location. Establish NAO 83 horizontal and NGVD 29 vertical control on the $510.00 project site based on the City of Carlsbad control. Stake the limits of the 1993 environmental easement for city staff review and NCTD review. Locate physical structures encroaching $2,040.00 into the environmental easement. Locate existing fence line on the Waters End parcel. Prepare a legal description with plat for the future conservation $680.00 easement on the Waters End parcel. Easement plotting, boundary calculations, and not reduction. $320.00 NCTD Right-of-Entry Permit, RWP update, Property access $2,000.00 request and flaQ person. Supervision and coordination $95.00 TOT AL (Not-to-Exceed) $6,240.00 City Attorney Approved Version 1/30/13 2 CA1298 Executed by Contractor this ____ day of _____________ , 20 __ . CONTRACTOR Right-of-Way Engineering Services, Inc., a California corporation (name of Contractor) By:7~ n~--~---. (sign here) Michael Schlumpberger / President (print name/title) Right-of-Way Engineering Services, Inc., a California corporation (name of Contractor) By: (sign here) (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: _)_h_l b_h_· __ J . APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: JQ.1 Gp Assistant City Attorney City Attorney Approved Version 1/30/13 3 Fi!., riihJ(" J~ ,-;~ .J:it.~,.,1 Right-Of-Way En"" Lan ring Services, Inc .. ying RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAYENGINEERJNG SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. ~2~ Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net Right-Of-Way Engineering Services, Inc. Land Surveying October 28, 2015 Mr. Mike Grim City Of Carlsbad Appendix "A" 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Flag the limits of the environmental easement document prepared in 1993, located the existing fence line along the Waters End parcel, prepare new legal description and plat for future conservation easement. Dear Mr. Grim, Per our discussion, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of work Task 1. Research record maps at the County of San Diego and City of Carlsbad. 2. Locate and tie in record monuments to orient 1993 easement description and reference future easement location. Hours 1.0 3.0 3. Establish NAD 83 horizontal and NGVD 29 vertical control on 3.0 the project site based on the City of Carlsbad control. 4. Stake the limits of the 1993 environmental easement for City 12.0 staff review and NCTD review. Locate physical structures encroaching into the environmental easement. Locate existing fence line on the Waters End parcel. 5. Prepare a legal description with plat for the future conservation 8.0 easement on the Waters End parcel. 6. Easement plotting, boundary calculations and note reduction 4.0 7. NCTD Right-of-Entry Permit, RWP update, Property access request and flag person (estimate based on worst case, actual fees will be billed) 8. Supervision and coordination 1 .0 Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger President 615 South Tremont Street• Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@roweng.net Cost $85.00 $510.00 $510.00 $2,040.00 $680.00 $320.00 $2,000.00 $95.00 $6,240.00 Carlsbad Poinsettia Station easements MASTER AGREEMENT FOR SURVEYING SERVICES RIGHT -OF-WAY ENGINEERING SERVICES, INC. CA1298 THIS AGREEMENT is made and entered into as of the \ :Jk'V1 day of N Q\):f.W\~ , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation ("Contractor"). RECITALS A. surveying. B. basis. City requires the professional services of a consulting firm that is experienced in The professional services are required on a non-exclusive, project-by-project C. Contractor has the necessary experience in providing professional services and advice related to surveying. D. 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 three (3) years from December 1, 2015, to November 30, 2018. 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 Agr eement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by 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 1 City Attorney Approved Version 619/15 CA1298 delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a sp·ecific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) for the term of the agreement. The total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($100,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A" for the three year term period. 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 wm 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 payrnent made to Contractor pursuant to the Agreement wiii be the full and compiete 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 subcontract9r, 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. 2 City Attorney Approved Version 619/15 CA1298 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 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-:Vff" 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 wili not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, genera! aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile 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. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 3 City Attorney Approved Version 6,9/15 CA1298 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or 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 rnaintain 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. 4 City Attorney Approved Version 6/9/15 CA1298 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 Name: Title: Dept Pat Thomas Public Works Director Public Works CITY OF CARLSBAD Address: 1635 Faraday Avenue Carlsbad. CA 92008 Phone: 760-602-2730 For Contractor Name: Michael Schlumpberger Title: ,_P.:..:re:c::s'""id:::.:e"'"'n..:.::t'----------- Address: 615 South Tremont Street Oceanside, Ca 92054 Phone: 760-637-2700 Email: mikes@roweng.net 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 wi!i at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes wiil 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. 5 City Attorney Approved Version 619/15 CA1298 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 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 othentvise 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. 6 City Attorney Approved Version 619/15 \ CA1298 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 ii may be assigned by Contractor ·vvithout 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. Ill Ill Ill Ill Ill Ill Ill iii Ill Ill /II Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 6/9/15 CA1298 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 __ \ __ J __ -tf'\ ___ day of }J D~bct?-. ,2015 CONTRACTOR CITY OF CARLSBAD, a municipal corporation RIGHT-OF-WAY ENGINEERING SERVICES, of the State of California INC.,a California corporation By:Ak77~-- (sign here) By: '1NL(dp'_ MattHad4or Michael Schlumpberger / President ATTEST: (print name I title) (sign here) ~1,u/~~ZJ~ RBARA ENGLESON By: ___________ _ City Clerk (print name I title) Proper notarial acknowledgement of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the fol lowing 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~e/f!Zu7£ ~~sistant City Attorney £:Cf'1,l1) 8 City Attorney Approved Version 6,9/15 CALIFORNIA AU .. -PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ..... £=· -e~=...::.__D~,._...ec;,.=--<11""-'iO~--- On ~&" 2-'-/:, lev-s;Pefore me, ~,e..,-,' l).;t::>.r;, .1r~ fdD'1"-A'Vt &&,'e_ Date/V . Here Insert Name and Title ofthe Officer personally appeared 1--L, c $n'A.€l-L. 5e!.i..J'. t umee-, ~""=--- Name(s) of Sigrfer(s) who proved to me on the basis of satisfactory evidence to be the person(&') whose name(6) is/are subscribed to the within instrument and acknowledged to me that ~y· executed the same in his/heFtthsir authorized capacity{ie&); and that by hl§L_lw.t;l1:heir signature~ on the instrument the person(~ cirthe entity upon behalf of which the perso~acted, executed the instrument. jQEY LUDWICZAK Commission # 1973643 i Notary Public -California ~ z San Diego County ~ t • • • • +MJS0e~-&c~r:SfPJt6}~1~l Place Notary Seal Above I certify under PENAL 1Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: -------------~ Number of Pages: Signer(s) Other Than Capacity{ies) Claimed by Signer(s) Signer's Name:------------ 0 Corporate Officer -Title(s): ~------- 0 Partner -D Limited D eral D Individual D At ey in Fact D Trustee uardian or Conservator D Other:--------------- Signer Is Representing:---------- Signer's Name:-------------0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited O General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: --------------- Signer Is Representing: ---------- ~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY {1-800-876-6827) Item #5907 Right-Of-Way En •· ering Services, Inc .. Land' ' RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporat10n THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all coiporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. ~z~=== Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street • Ocean.side, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net CA1298 EXHIBIT "A" SCOPE OF SERVICES Perform a variety of surveying tasks as outlined in individual Project Task Description & Fee Allotments {PTD&FA#) related to the following: 1. survey 2. property acquisition plats and legals 3. aerial photogam metry 4. potholing Requests for work not listed above must be contracted under separate agreement. 9 City Attorney Approved Version 619/15 CA1298 Rate Sheet .s:rAFE: -~-·-· ----NAME TITLE HO!JRLY RATE 1. Michael Schlumpberger Supervising Land Surveyor $95.00 2. Josh Tatman Assistant Land Surveyor $85.00 3. Ernie Vasquez Office Coordinator $80.00 4. Robert Gates Party Chief, 1 man crew $135.00 * 5. Robert Gates & Crew Party Chief, 2 man crew $170.00 * 6. Michael Schlumpberger Field Licensed Land Surveyor $160.00 ~ * Denotes Prevailing wage rate S!!b-£2u~u•1a:u1~ l'S:aMELEIRM I!ILE. !!Q!JRL Y RAIE 1. None EXfE~SES DES~RifIIQN ~QSI °i{q MABK!Jf 1. Aerial Mapping Based on project 5% 2. Title reports Based on parcel 5% i 3. Potholing Based on project i 5% 4. Utility tracing Based on project 5% 10 City Attorney Approved Version 6/9/15 Donna Heraty From: Sent: To: Cc: Subject: Dear Consultant: Donna Heraty Friday, December 18, 2015 1:52 PM 'mikes@roweng.net' Heidi Versteeg; Rhonda Gasper-Heather; Janean Hawney Form 700 -Conflict of Interest -It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Regarding your agreement with the City of Carlsbad for Surveying Services, CA1298 - If your agreement states: 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 interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, (City of Carlsbad Donna Heraty, CMC Deputy City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.carlsbadca.gov 760-434-2808 Facebook I Twitter I You Tube I Flickr I Pinterest I Enews 1