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HomeMy WebLinkAboutCHANG CONSULTANTS; 2012-11-28; CA906PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 PROJECT NO. 66181 CA906 This and Fee Allotment, is entered into on -:::-:::-:--:-:~~~-i!=-~"7--:,..._"""""'~~;:::;?-~..,-------,-' pursuant to an Agreement between CHANG JP: S, a sol propnetors 1p ("Contractor") and the CITY OF CARLSBAD, ("City") November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this r erence. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide storm water consulting 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 9, 2015, ("proposal"), attached as Appendix "A" for the Agua Hedionda Creek -Coman Property Creek Restoration, (the "Project"). The Project services shall include modeling, analysis and preparation of a letter report and recommendations for civil design incorporating bioengineering to support preparation of improvement plans and cost estimates for the slope repair project. The project is located in Agua Hedionda Creek on the Coman poperty APN 209-040-15-00. 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 by November 15, 2015. 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 as specified 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 $26,000. City Attorney Approved Version 1/30/13 CA906 TABLE 1 FEE ALLOTMENT NO. 6 Agua Hedionda Creek -Coman Property Creek Restoration TASK GROUP LUMP SUM FEE Modeling, analysis and preparation of a letter report and $26,000 recommendations for civil design incorporating bioengineering to support preparation of improvement plans and cost estimates for the slop repair project in Agua Hedionda Creek TOTAL (Not-to-Exceed) $26,000 Executed by Contractor this ____ day of _____________ , 2015. CONTRACTOR CHANG CONSULTANTS, a sole proprietorship By: (name of Contractor) Wayne W. Chang Sole Proprietor-Principal (print name/title) CHANG CONSULTANTS, a sole proprietorship (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 pg~ Date , (t<,/J~ By: Patrick Thomas APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 2 City Attorney Approved Version 1/30/13 Civil EngineeringoHydrologyoHydraulicsoSedimentation June9,2015 Sherri Howard City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Coman Project Dear Sherri: P.O. Box 9496 Rancho Santa Fe, CA 92067-4496 T: 858.692.0760 F: 858.832.1402 wayne@changconsultants.com Appendix "A" Pursuant to your request, I am pleased to submit this proposal for civil engineering services for the subject project. This proposal is in addition to my current agreement. The scope of work is as follows: • The following services are to be provided by HRS: o As needed bioengineering design and details o As needed hydrologic and hydraulic modeling review and recommendations o As needed conference call meetings with client/team/agencies • Prepare engineering plans for the slope repair. • Prepare hydraulic and sediment transport analysis for the slope repair. • Coordination and processing with the City of Carlsbad and Resource Agencies. These services will be performed on a time and materials basis up to $26,000.00 at a billing rate of $138.00 per hour. If acceptable, please sign below and return this agreement as my authorization to proceed. The General Terms of our prior agreement are incorporated herein. Sincerely, Wayne W. Chang, M.S., P.E. Approved: By: _______________ _ Date: ________ _, Sherri Howard This PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 3338 CA906 ask Description and Fee Allotment, is entered into on 2:.:12" , pursuant to an Agreement between Chang Consult nts, a sole proprietorship, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide storm water consulting 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 13, 2015, ("proposal"), attached as Appendix "A" for the Agua Hedionda Channel project, (the "Project"). The Project services shall include an assessment of the floodplain related to the Rancho Carlsbad Mobile Home Park. 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 sixty (60) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). 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 $30,000. City Attorney Approved Version 1/30/13 CA906 TABLE 1 FEE ALLOTMENT STORM WATER CONSULTING SERVICES TASK GROUP NOT TO EXCEED FEE Rancho Carlsbad assessment of improvement requirements to 30,000.00 alleviate FEMA insurance requirements TOTAL (Not-to-Exceed) $30,000.00 Executed by Contractor this ____ day of-------------' 2015. By: (si n here) Wayne W. Chang I Sole Pro rietor-Princi (print name/title) CHANG CONSULTANTS, a sole proprietorship (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: ColumnA 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: 4-19/;r- APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 Civil EngineeringoHydrologyoHydraulicsoSedimentation March 13,2015 Jason Geldert Engineering Manager City of Carlsbad Land Development Engineering 1635 Faraday Avenue Carlsbad, CA 92008-7314 Subject: Rancho Carlsbad Mobile Home Park Dear Jason: P.O. Box 9496 Rancho Santa Fe, CA 92067-4496 T: 858.692.0760 F: 858.832.1402 wayne@changconsultants.com Appendix "A" Pursuant to your request, I am pleased to submit this proposal for civil engineering services for the subject project. The scope of work is as follows: • Assist the City of Carlsbad in obtaining cost estimates, identifying qualified contractors, engineering data and analyses, and other relevant information related to construction requirements necessary to alleviate FEMA insurance requirements for existing mobile homes in the Rancho Carlsbad Mobile Home Park. The cost estimates will be prepared by others, who may require a separate contract with the City to provide unit-by-unit estimates. I will merely be responsible for coordinating this effort and identifying the needs at the units. These services will be performed on a time and materials basis up to $30,000.00 at a billing rate of $140.00 per hour. If acceptable, please sign below and return this agreement as my authorization to proceed. The General Terms of our prior agreements are incorporated herein. Sincerely, Wayne W. Chang, M.S., P.E. Approved: By: _______________ _ Date: ________ ...,! Jason Geldert PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 3338 CA906 and Fee Allotment, is entered into on ~-r-.~...1£...J~'#J,~.-L-----"'~"-+-~JL..,;L..:..,tL----___,.,..• pursuant to an Agreement between Chang C ultants, a sole propri orship, (" ontractor") and the City of Carlsbad, ("City") dated November 8, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide storm water consulting 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 27, 2014, ("proposal"), attached as Appendix "A" for the Agua Hedionda Channel project, (the "Project"). The Project services shall include an assessment of the floodplain related to the Rancho Carlsbad Mobile Home Park. 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 sixty (60) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). 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 $6,576. City Attorney Approved Version 1/30/13 CA906 TABLE 1 FEE ALLOTMENT STORM WATER CONSULTING SERVICES TASK GROUP NOT TO EXCEED FEE Floodplain Assessment for the Agua Hedionda Channel 6,576.00 TOTAL (Not-to-Exceed) $6,576.00 Executed by Contractor this ____ day of-------------' 2014. CONTRACTOR CHANG CONSULTANTS, a sole proprietorship By: sign here) Wayne W. Chan Sole Proprietor-Principal (print name/title) CHANG CONSULTANTS, a sole proprietorship (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. RLSBAD, a municipal corporation of the State of California By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ).(\ 0 J ()6 ~nt CitYAtPo?feY- City Attorney Approved Version 1/30/13 2 Chanu®mrn~rnoornrno~ Civil EngineeringoHydrologyoHydraulicsoSedimentation October 27, 2014 Jason Geldert Engineering Manager City of Carlsbad Land Development Engineering 1635 Faraday Avenue Carlsbad, CA 92008-7314 P.O. Box 9496 Rancho Santa Fe, CA 92067-4496 T: 858.692.0760 F: 858.832.1402 wayne@changconsultants.com Appendix "A" Subject: Rancho Carlsbad Mobile Home Park Floodplain Assessments Dear Jason: Pursuant to your request, I am pleased to submit this proposal for civil engineering services for the subject project. The scope of work is as follows: 1. Identify the existing mobile homes that are within the FEMA floodplain per the current Flood Insurance Rate Map. Create a spreadsheet listing the homes, their finish floor elevations (per City provided survey data), and the associated FEMA 1 00-year water surface elevations. The spreadsheet will specifically identify units whose finish floors are inundated by the 1 00-year flood. These units could require extensive improvements beyond the tasks in this scope in order to achieve flood insurance benefits. 2. Perform a site investigation to determine the units with HV AC equipment below flood levels. These units will be identified on the spreadsheet. 3. Perform calculations to determine the flood openings that must be installed in each unit per FEMA guidelines. The square footage of each unit will be estimated from the City's topographic mapping. These services will be performed on a time and materials basis up to 48 hours at a billing rate of $137.00 per hour ($6,576.00). If acceptable, please sign below and return this agreement as my authorization to proceed. The General Terms of our prior agreements are incorporated herein. Sincerely, Wayne W. Chang, M.S., P.E. Approved: By: ______________________________ ___ Date:-----------' Jason Geldert PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 6618 CA906 Project Task and Fee Allotment, is entered into on e: , pursuant to an Agreement between Chang Consul ants, a so e proprietorship, ("Contractor") and the City of Carlsbad, ("City") dated November, 28, 2012, (the "Agreement"}, the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide storm water consulting 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 31, 2014, ("proposal"}, attached as Appendix "A" for the Farol Court Drainage Improvement, (the "Project"). The Project services shall include review of existing plans and studies, preparation of HECRAS analysis, alternative consideration and advise and preparation of preliminary improvement plans for the repair of the storm drain outfall and stream bank stabilization. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred twenty (120} 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 $10,000. City Attorney Approved Version 1/30/13 • • • • • TABLE 1 FEE ALLOTMENT STORM WATER CONSULTING SERVICES TASK GROUP Review as-built drawings, topographic mapping, and other documents provided by the City of Carlsbad. Perform a HEC-RAS analysis based on the recent topographic mapping, which will be provided by the City in AutoCAD format. The HEC-RAS will be based on a range of flow rates and used to assess the flow velocities at the site. Areas of erosive velocities will be identified in order to establish channel stabilization alternatives. Coordinate alternatives with City and AECOM . Attend meetings as requested by the City . Prepare preliminary engineering drawings showing the repair alternatives. This does not include preparation of detailed grading or improvement plans, a SWMP, or SWPPP. A proposal for these items can be QrOvided if and when needed. TOTAL (Not-to-Exceed) LUMP SUM FEE $10,000 $10,000 Executed by Contractor this 26th day of ___ A_u..=.g_us_t _______ , 2014 CONTRACTOR CHANG CONSULTANTS, a sole proprietorship (name of Contra By: (print name/title) CHANG CONSULTANTS, a sole proprietorship a me of Contractor) By: (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. bftilt'-Wtef"l~~MO Director Jim Howell • APPROVED AS TO FORM: 2 City Attorney Approved Version 1/30/13 Appendix "A" July 31, 2014 Sherri, Here is a scope and estimated fee. Since the effort can vary depending on the amount and type of alternatives and the resource agency processing required, I have estimated $10,000 as a place holder, but will merely invoice based on T&M. Please let me know if you have questions and if you need a formal proposal. Thanks. • Review as-built drawings, topographic mapping, and other documents provided by the City of Carlsbad. • Perform a HEC-RAS analysis based on the recent topographic mapping, which will be provided by the City in AutoCAD format. The HEC-RAS will be based on a range of flow rates and used to assess the flow velocities at the site. Areas of erosive velocities will be identified in order to establish channel stabilization alternatives. • Coordinate alternatives with City and AECOM. • Attend meetings as requested by the City. • Prepare preliminary engineering drawings showing the repair alternatives. This does not include preparation of detailed grading or improvement plans, a SWMP, or SWPPP. A proposal for these items can be provided if and when needed. $10,000.00 based on billing rate of $137 per hour. Wayne Chang Consultants P.O. Box 9496 Rancho Santa Fe, CA 92067-4496 Mobile: 858.692.0760 Fax: 858.832.1402 www.changconsultants.com 3 City Attorney Approved Version 1/30/13 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 3338 CA906 This second Project Task Description and Fee Allotment, is entered into on L)et'l&'lftJer: /?> J ~ 3 , pursuant to an Agreement between Chang Consultants, a sole proprietorship, ("Contractor") and the City of Carlsbad, ("City") dated November, 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide storm water consulting 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 30, 2013, ("proposal"}, attached as Appendix "A" for the Agua Hedionda Channel project (Rancho Carlsbad Mobile Home Park), (the "Project"). The Project services shall include preparation of HECRAS analysis and letter report as required to process a Letter of Map Revision to the FIRM map through the City of Carlsbad and FEMA. 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 $8,000. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT STORM WATER CONSULTING SERVICES /" T.AS1< GROUP LliMPSUMFEE/""""/ Obtain supporting field information and perform HECRAS analysis to prepare and process a Letter of Map Revision to the FIRM map through the City of Carlsbad and FEMA. $8,000 TOTAL (Not-to-Exceed) $8,000 Executed by Contractor this ___ day of------------' 2013. CONTRACTOR CHANG CONSULTANTS, a sole proprietorship (name of Contractor By: (s1gn here) v/t'f;Vt!, ~JMtLUL- (print name/t' e) CHANG CONSULTANTS, a sole proprietorship (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 nicipal corporation of the State of California By: Date: ~/-=-Z-~.fi......::z::.....:;{._....L./-..!13o::;....__ __ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: -----JL)O~~e.............--.1 ~~"""'+---~ Assistant City~ City Attorney Approved Version 1/30/13 2 Sherri Howard From: Sent: To: Subject: Sherri, Here's a scope for the LOMR: EXHIBIT A Wayne W. Chang <wayne@changconsultants.com> Wednesday, October 30, 2013 10:11 PM Sherri Howard LOMR • Perform updated hydraulic analyses for Agua Hedionda Creek and Calavera Creek through the Rancho Carlsbad Mobile Home Park. The analyses will be based on the most recent topographic mapping and survey data from the City of Carlsbad as well as the FEMA adopted flow rates. • Perform a site visit to verify the channel roughness coefficients and obtain other needed hydraulic parameters. • Delineate the 100-year floodplain including areas that could be considered as shaded Zone X. • Prepare and process a Letter of Map Revision through the City of Carlsbad and FEMA. The LOMR will reflect the updated 100-year floodplain and floodway as well as the shaded Zone X area. The City understands that the shaded Zone X approach is subject to FEMA's approval. This includes up to 8 hours for processing. Estimate $8,000 at $138.00 per hour. Thank you. Wayne Chang Consultants P.O. Box 9496 Rancho Santa Fe, CA 92067-4496 Mobile: 858.692.0760 Fax: 858.832.1402 www.changconsultants.com 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT NO. 3338 CA906 and Fee Allotment, is entered into on ~:::....:l~;,eLr.~t<:U:L:::...,4~~:L,~:.....,-,.-,.'' pursuant to an Agreement between Chang Consul ants, a so e propri orship, ("Contractor") and the City of Carlsbad, ("City") dated November, 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide storm water consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated August 13, 2013, ("proposal"), attached as Appendix "A" for the Agua Hedionda Channel project (Rancho Carlsbad Mobile Home Park}, (the "Project"). The Project services shall include review of existing documents and hydraulic analyses, develop options for flood control, coordination and meeting with the Rancho Carlsbad Home Owners Association and additional analysis as may be requested by the City. 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 sixty (60) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). 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 $10,000. City Attorney Approved Version 1/30/13 1 TABLE 1 FEE ALLOTMENT STORM WATER CONSULTING SERVICES TASK GROUP LUMPSUMFEE Review of existing documents and hydraulic analyses, develop options for flood control, coordination and meeting with the various agencies and associations, and additional analysis as may be requested by the CitY. $10,000 TOTAL (Not-to-Exceed) $10,000 Executed by Contractor this zrflh day of ---S-l.A-"u'..:!~~rJ .... iw+c..__ _____ , 2013. CONTRACTOR CHANG CONSULTANTS, a sole proprietorship (name of Contractor) By: (sign here) (print name/title) By: sign here) cJA i/tf M4$., fi!AirJI /$-- (print name/lltleY If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA 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 unicipal corporation of the State of California By: Date: 9;fu;z APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ City Attorney Approved Version 1/30/13 2 Chang®IJ[]]fl][]])~ CiVIl EngineeringQHydrologyoHydraulicsoSedimentation APPENDIX A P.O. Box 9496 Rancho Santa Fe, CA 92067-1496 T: 858.692.0760 F: 858.832.1402 wayne@changconsultants.com RANCHO CARLSBAD MOBILE HOME PARK SCOPE OF WORK August13,2013 • Attend meetings and perform coordination with the City of Carlsbad, Federal Emergency Management Agency, and Rancho Carlsbad Mobile Home Park representatives. These services will be related to flooding, flood control, and flood insurance issues. • Review existing documents and hydraulic analyses related to the 100-year floodplain within the site. • Develop and analyze conceptual options for reducing flooding within the site. • Perform additional water resources engineering services as requested by the City of Carlsbad. CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, WAYNE W. CHANG, am the Sole Proprietor of CHANG CONSULTANTS. I hereby certify that CHANG CONSULTANTS has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should CHANG CONSULTANTS employ any person during the term of the Agreement with the City of Carlsbad for the STORM WATER ENGINEERING SERVICES MASTER AGREEMENT, then workers' compensation and employers' liability insurance will be obtained. Executed on this £~ay of {ryftmh~ . 2012 at Car/;ba{ , California WAYNEW. CHANG Name SOLE PROPRIETOR-CHANG CONSULTANTS Title MASTER AGREEMENT FOR STORM WATER ENGINEERING SERVICES {CHANG CONSULTANTS) CA906 'fo~ THIS AGREEMENT is made and entered into as of the 01-(F day of I , 20 ldl,J by and between the CITY OF CARLSBAD, a municipal corpo ation, hereinafter referred to as "City", and CHANG CONSULTANTS, a Sole Proprietorship, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in storm water engineering. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to storm water engineering. 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 years starting from the date first written above. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director''). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. City Attorney Approved Version 2/17/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred thousand dollars ($1 00,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax with holdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 2 City Attorney Approved Version 2/17/12 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 1 0.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. D If box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 1 0.2. 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 2/17/12 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 4 City Attorney Approved Version 2/17112 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 Address Phone Skip Hammann Transportation Director Transportation CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad CA, 92008 (760) 602-2751 For Contractor: Name Title Address Phone Email Wayne Chang Principal PO Box 9496 Rancho Santa Fe, CA 92067 (858) 692-0760 wayne@changconsultants. com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 5 City Attorney Approved Version 2/17/12 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 otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 6 City Attorney Approved Version 2117/12 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 or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 2/17/12 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 zv.U. day of fe;ftm lfV' , 20 I~. CONTRACTOR CHANG CONSULTANTS, a Sole CITY OF CARLSBAD, a municipal corporation of the State of California Proprietors ·p By: Wayne Chang, Sole Proprietor-A · cipal (print name/title) By: (sign here) (print name/title) By::kJid/1 ATTEST: Proper notarial acknowledgment of execution by Contractor must be am~~n Agreement must be signed by one corporate officer from each of the follo'Jii.p~ /;IIIII Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney 8 City Attorney Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California Countyof ~ D-eg() On Y ~(Q ) ;)O l ~ before me,~'-=------=-~--\JJ~\ \ -=-=-\ \ aJVt--:--'-'----"~S:+-+:-"'~~~=--:....=::__ (Here insert name and tit! personally appeared \A)Q\1 '(\£ Q ~ ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~SS my hand and ofljcial seal., ~:Sli~ Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ~r (Title or description of attached document continued) Number of Pages __ Document Date ___ _ (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other ____________ _ 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryCiasses.com INSTRUCTIONS FOR COMPLETING TillS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifYing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer( s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ~she/tRey, is lar&) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document RATE SCHEDULE Wayne W. Chang, $138.00 per hour Howard H. Chang, $180.00 per hour In-house Plotting, $5.00 per sheet EXHIBIT A Outside Reproductions, Printing, and Plotting, at cost Deliveries, at cost Additional Direct Costs, at cost Mileage, N/ A Project Design Consultants detailed Rate Schedule is provided in Attachment A and the staff anticipated for this project bill as follows: Debby Reece, $165.00 per hour Chelisa Pack, $129.00 per hour PDC~s Reimbursable costs are billed at cost plus 10 percent. Principal/Senior VP Project Design Consultants SAN DIEGO LABOR RATE SCHEDULE Effective January 1, 2012 Senior Project ManagerNP Project Manager Planning & Landscape Architecture Senior Planner Senior Landscape Architect GIS Specialist, GAD/GIS Coordinator, Associate Planner Landscape Architect, Project Planner Landscape Designer, Assistant Planner Urban Designer, Electronics Visualization Specialist Junior Planner GIS Technician Graphics Artist Landscape Drafter, Asst. Landscape Designer Planning Intern, Clerical Engineering Senior Project Engineer, Design Manager Project Engineer, Design Supervisor, Water Quality Engineer Senior Civil Designer, Design Engineer Civil Engineer, CADD Manager QC Specialist Civil Designer Asst. Civil Engineer Design Drafter Drafter Clerical Permit Processor Junior Technician, Intern Surveying, Photogrammetry Site Manager, Crew Manager, Mapping Manager, Sr. Surveyor Sr. Right-of-Way Agent Surveyor Survey Crew/Mapping Coordinator, Photogrammetric Mapping Mgr. Survey/Map Tech II Photogrammetrist/Photogrammetric Map Editor Right-of-Way Agent Survey/Map Tech I Right-of-Way Special Projects Engineer Clerical 1-Man Crew 2-Man Crew 3-Man Crew $200 $175 $165 $125 $115 $110 $105 $100 $100 $95 $90 $85 $75 $70 $149 $129 $118 $108 $103 $93 $88 $82 $72 $70 $67 $57 $140 $135 $120 $115 $100 $100 $95 $90 $85 $70 $145 $200 $245 Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, telephone charges, computerized plotting, special graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%. RNVP/CONTRACT/GEN/LABORRATE-1 OFINALSD.DOC CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, WAYNE W. CHANG, am the Sole Proprietor of CHANG CONSULTANTS. I hereby certify that CHANG CONSULTANTS has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should CHANG CONSULTANTS employ any person during the term of the Agreement with the City of Carlsbad for the STORM WATER ENGINEERING SERVICES MASTER AGREEMENT, then workers' compensation and employers' liability insurance will be obtained. Executed on this _u!_~ay of {eyltmh«--'2012 at Cart~va( , California WAYNE W. CHANG Name SOLE PROPRIETOR-CHANG CONSULTANTS Title