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Home My WebLink AboutKleinfelder West Inc; 2012-11-28; CA917PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 3896 CA917 and Fee Allotment, is entered into on 77."'"~~~-+-"""""-:~~~.........,.~.,;.-~-~--· pursuant to an Agreement between Kl · lder, nc., a ifornia corporation, ("Contractor") and the City of Carlsbad, ("City") dated ember 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this eference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide a condition assessment report of the stairs and the barrier wall/sidewall from Pine Avenue to Tamarack Avenue. The assessment report will provide repair/replacement recommendations as needed 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 7, 2015, ("proposal"}, attached as Appendix "A" for the Carlsbad Seawall Staircase Assessment, (the "Project"). The Project services shall include visual observation of the four staircases and the barrier wall/sidewalk as described above. This visual observation will assess the general condition of the four staircases and the west barrier wall/sidewalk from Pine Avenue to Tamarack Avenue. Based on this visual observation Kleinfelder will prepare a report describing the as- observed condition of the staircases and sidewalk/seawall, approach to the next phase for detailed condition assessment and rehabilitation including tests and associated fee. 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-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 a lump sum basis for each task group shown in Table 1. Progress payments shall be based on completion of the 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". 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 $5,000. City Attorney Approved Version 1/30/13 CA911J TABLE 1 FEE ALLOTMENT CARLSBAD SEAWALL STAIRCASE ASSESSMENT TASK GROUP LUMP SUM FEE Assessment of four ( 4) staircases $5,000 TOTAL (Not-to-Exceed) $5,000 Executed by Contractor this ___ day of------------' 2015. CONTRACTOR KLEINFELDER, INC., a California corporation By: (si n here) tl,.r L C.-vG (,~e) Y: E (print t1tle) KLEINFELDER, INC., a California corporation (name of Contractor) By: t)0 L-_~?0 (sign her (Tot:.."' AAotd.StA..~~ A-Jr+-~ S'e c.. ... (print name/title) J 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. BAD, a municipal corporation of the State of California By: Date: __ 1_,/,__~-+t....L.~--'"'-------- APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 ~ Bright People. Right Solutions. May 7, 2015 Proposal No.: LOCALMKT.WEOH City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Mr. Tony Ulloa Subject: Carlsbad Seawall Staircase Assessment Dear Mr. Ulloa: Exhibit "A" At your request. Kleinfelder has prepared this proposal for the first phase of the Carlsbad seawall staircase assessment and rehabilitation work. The following is the description of the project in three phases and the anticipated scope of work associated with each phase. At this point we will be providing the fee proposal for only the first phase of the work. We understand that this work will be performed as a Task Order under our current structural engineering on-call contract with the City of Carlsbad. DESCRIPTION OF WORK The City of Carlsbad would like to assess the condition of four staircases leading from the west sidewalk on Carlsbad Boulevard to the lower sidewalk at Carlsbad beach and the west upper barrier wall/sidewalk between Pine Avenue and Tamarack Avenue. The four staircases are located as described on Carlsbad Boulevard in the vicinity of the following cross streets: a) North of Chestnut Avenue. b) North of Maple Avenue. c) West end of Cherry Avenue. d) West end of Hemlock Avenue. The goal of this assessment is to prepare a condition assessment report of the stairs and barrier wall/sidewalk and ultimately construction documents for rehabilitation. The assessment report will provide repair/replacement recommendations as needed. Based on our understanding, the scope of work will be performed in three phases as described in the next section. SCOPE OF WORK Phase 1: Visual Observation: Kleinfelder will perform a visual observation of the four staircases and the barrier wall/sidewalk as described above. This visual observation will assess the general condition of the four LOCALMKT.WEOH/SDI15P19414 Copyright 2015 Kleinfelder Page 1 of 2 5S·0 C Street. Su~e 1200. San Diego CA 92101 p 1619,831.4600 f 1619.232.1039 May 7, 2015 staircases and the west barrier wall/sidewalk from Pine Avenue to Tamarack Avenue. Based on this visual observation KLF will prepare a letter describing the as-observed condition of the staircases and sidewalklseawall, approach to the next phase for detailed condition assessment and rehabilitation including tests and associated fee. Pha.:se 2: Condition Assessment: Kleinfelder will perform a detailed review of the four staircases and barrier wall/sidewalk. We will also perform tests to assess the existing conditions as needed. The existing condition of the stairs structural elements including the stairs, side walk, barrier wall, support foundations, llanclrails and connections will be documented. Based on these assessments Kleinfelder will provide repair recommendations or replacement recommendations. A condition assessment report will be produced with all the information described above for the City's review. Phase 3: Construction Documents: Kleinfelder will prepare construction documents incorporating the repair recommendations or 11ew stair design. PRO.JECT FEE f(leinfelder will provide our services for Phase 1 for a lump sum fee of $5,000. Scope and fee tor phase 2 and 3 will be developed and submitted to the City for their approval after the completion of phase 1. fEXCLUSJONS: a) The first phase is limited to surface observation of above-grade and accessible structural elements only. b) Bluff Stability Analysis. pROJECT SCHEDULE VVe can complete work for phase 1 within two weeks of your notice to proceed and a scheduled site visit. -rhank you for this opportunity. Please call if you have any questions. sincerely, KLEINF~LDE/ ~?t--·V'-~··· James,Frost senior Principal Engineer Jf:ws LOCALMKT.WEOH/SDI15P19414 copyright 2015 Kleinfelder Page2 of2 May 7, 2015 KLEINFELDER 550 West C Street, Suite 1200, San Diego CA 92101 p 1619.831.4600 f 1619 232.1039 ) ~ ~ ~ Rote Schedule -----------___;E:;.;;.X;.;.;H.;..;I B;;.;I~T__..;..A;.._ ____________ _ I ~ ~ ~ I I January 2012 HOURLY CHARGES PRINCIPAL ENGINEER PROJECT MANAGER SENIOR STRUCTURAL/BRIDGE ENGINEER SENIOR ENGINEER I SENIOR ENGINEER II/PROJECT ENGINEER ASSOCIATE ENGINEER I ASSOCIATE ENGINEER II ASSISTANT ENGINEER ENGINEERING INTERN SENIOR TECHNICIAN SENIOR CADD TECHNICIAN CADD TECHNICIAN CLERICAL CONSTRUCTION MANAGER RESIDENT ENGINEER INSPECTOR I INSPECTOR II INSPECTOR Ill VE CONSULTING $250.00 $190.00 $185.00 $175.00 $150.00 $135.00 $125.00 $105.00 $72.00 $155.00 $110.00 $90.00 $75.00 $190.00 $170.00 $150.00 $135.00 $130.00 $250.00 Hourly charges include provisions for normal overhead costs such as fringe benefits, office rental, utilities, Insurance, derlcal services, equipment, normal supplies and materials, and in-house reproduction services. Mileage shall be reimbursed at a rate of 51 cents per mile or as agreed to with the client on a monthly basis. All other costs shall be reimbursed at a rate of cost plus 10%. Rates shown are valid through December 31, 2012. Rates for Inspectors are not based on Prevailing Wage projects. f~ Oty of carlsbad "".r Master Agreement Consulting Services ".\~ CA917 MASTER AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES (KLEINFELDER WEST, INC.) CjHlS AGREEMENT is made and entered into as of the ^<P^ day of ^^-^v^nU^' 20by and between the CITY OF CARLSBAD, a municipal corpoi^ation, hereinafter referred to as "City", and KLEINFELDER WEST, INC., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in geotechnical 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 geotechnical 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 forthe 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 pertod 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 (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 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 ($100,000) 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". Prior to initiation of any project work by Contractor, CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or General Manager, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an houriy rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Cartsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prtor written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Cartsbad 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 2 General Counsel Approved Version 2/17/12 caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Cartsbad incurs or makes to or on behalf of an injured employee under CMWD's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH" 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 the Risk Manager or Executive Manager for CMWD approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv 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. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. 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. I I If box is checked. Professional Liability CMWD's Initials Contractor's Initials Insurance requirement is waived. 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 General Counsel Approved Version 2/17/12 10.2.1 CMWD will be named as an additional insured on General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at 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 Carisbad 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 cleariy identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of alt work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the sen/ices will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. General Counsel Approved Version 2/17/12 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD: For Contractor: Name Glenn Pruim Name Ronald Thomson Title Utilities Director Title Proiect Manager Dept Utilities Address 5015 Shoreham Place Carisbad Municipal Water District San Diego, CA 92122 Address 1635 Faraday Avenue Phone (858) 320-2000 Carisbad CA, 92008 Email rthomson@kleinfelder.com Phone (760) 602-2768 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 Clerk for the City of Carisbad in accordance with the requirements of the City of Carisbad 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 othenA/ise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonA/arded 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 fonA/arded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such General Counsel Approved Version 2/17/12 cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenA/ise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of 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. General Counsel Approved Version 2/17/12 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a nght or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement 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 CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of'its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 7 General Counsel 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_ 25 day of September ,20 12 . CONTRACTOR KLEINFELDER WEST, INC., a Califomia corporation By> CITY OF CARLSBAD, a municipal corporation ofthe State of California (sign hei John Moossazadeh, Vice President Mayor (print name/title) (sign Johr^ M. Pilkington, CP LCSBKAINE City Clerk i (print name/title) Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each ofthe following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney Assistant City Attorney City Attorney Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of > n;:itP I ^^<^ A _ \ >. UlAr-A lnf>Ai-t Momi-t n Date / personally appeared ^...•'•f^ \ ^ \ \ \ ^^''^ Insert Name and Title of the Officer Name(s) of Signer(s) RHEA PRENATT Commission # 1933956 notary PuWic - CaHfomia San Oitgo County .Comm.E«Blr»l«i3f24^ who proved to me on the basis of satisfactory, evidence to be the person(s) whose name(s) is/^P subscribed to the within instrument and acknowledged to me that he/she/^KeJ) executed the same in his/her/toeir authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand jand off icial ijse6l. Place Notary Seal Above Signature: OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here ) 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A CITY OF CARLSBAD KLEINFELDER FEE SCHEDULE FOR ENVIRONMENTAL, CONSTRUCTION MANAGEMENT AND GEOTECHNICAL/MATERIALS TESTING SERVICES PROFESSIONAL STAFF RATFg* Construction Inspector I ct^nc/u Professional 'I ?n Staff Professional I 'f Staff Professional ll / Project IVIanager I ""l If. unnl^ Construction Manager ''* .^^^) Senior Construction Manager ^IR^ /H Project Professional / Project Manager II t \Tc fu^l SrS^n'.'^^"^^^^ 175 / hour Principal / Principal Professional ZZ'l IQC / unnl- Program/Client Manager '' $200/h Senior Principal / Senior Principal Professional 't nnn , TJ^l Expert Witness Itynil • $340/hour Administrative I ^ 71=^1 h Materials Tester / Special Inspector .....ll....."Z'\ 00 iur!^L Soils Technician a t ^^^.:z CADD Operator f .]n :::::::=:::::::;:::::::;:;: IT^'i'Z. Minimum Charges for Office Time Per Day One Hour at Applicable Rate All services will be charged portal-to-portal when applicable. Public works projects or projects receiving public funds may be subject to Prevaillna Waae laws THP above rates apply to projects subject to prevailing wages. prevailing wage laws. The Applies to all professional rates including but not limited to civil, mechanical, chemical electrical aeoterhniral s'peaSr'"'"*'' 'y^'""''*"' 9^°'°9'^^^' '^yd'-°9eolobists:TydroSf ^^^^^^ 1. 2. IM|S OF CHARGES Listed on the attached page are typical prices for services most frequently performed bv Kleinfe der. Prices for other services, including special quotes for volume work wHI be ah/en uoon request, but will be subject to the terms set forth below. ^ The client agrees to limit the Kleinfelder's liability to the client and to all agents of the client including contractors and subcontractors on the project due to Kleinfelder's professlona nLS u^luTVl- *° ^^°'°°° consultant's fee. whichever Is » KteS^^^^^^ ^' ThonL' ^^l^f^"^ °" ^ "^^"t'^'y basis, or upon completion of a project, whichever is sooner I^fr thi HT"J.K P^y"'^'^ °" presentation of the invoice. If not paid within 30 days after the date of the invoice, the unpaid balance shall be subject to a FINANCE CHARGE of 15% per month, which Is an ANNUAL PERCENTAGE RATE of 18%. ^"^'"'""^ ^MAKI^L ot 1.5/O fheH^afte*?"'' """"^^ '^"''^ ^" ^'^''^ ^^'^'^^^ ^^^^^ hours worked 5. A one-hour minimum charge per day will be made for any office service. 6. Time worked in excess of 8 hours per day and weekend\holiday work will be charged at 1 5 times the^hourly rate. Time worked In excess of 12 hours per day will be charged at 2 'merthe ho^^^ qLte? Tir^ dtem S V T P'^^ 20%. whichever is SeW office °^ "^"^^ tl^^ "^^'•est 8. Outside services will include a 20% markup, unless otherwise noted. ^' Im?LTbf r^l!l^^^^^^ T'"'"? ""'^^ ""^^ ^"^"^^'y- Additional administrative slVaL'V^^^^^^ '^^'^^ ^*'"^"' ^^''y ^-'^ -P-ts. or work Slli?."^ PT?" P':®v^'''"9 wage projects will be provided only if requested and will be subiect to additional charges for administrative time for each pay period. ^ 11. Kleinfelder carries Worker's Compensation Insurance (including Emplover's Liabilitv^ ^^!^L^:.^s':;^\^."^-^ '^"'^^S^nt^rs 12. Kleinfelder routinely disposes of non-environmental and uncontaminated samples after submission of our final report and reserves the right to retum environmentaTsL^e tbcLt a its expense, after submission of our final report. ^ ' 13. Proper disposal or handling of soil boring cuttings, well development and purae waters ?e™sS'of ?,t«rV'"n°*'" ~'nated/potentlally contaminated materials^the responsibility of the client Upon request, Kleinfelder can provide containers for onsite containment and can advise the client regarding proper handling procedures. 14. The proposed rates will be in effect for 90 days from the proposal date. H^itlml^'.K^^^T T^- ^^^^^"'^ P'-°i®^ts '^ot completed within 180 ^l^ZS^X^'^'' '"^^ P-i-*^' 'o exceed amount SOIL DENSITY TESTS SOIL TESTS Test Invoice Name Test Method^ Price Standard Proctor. 4" Mold STANDARD PROCTOR, 4" D698. T99 $210.00 each Standard Proctor. 6" Mold STANDARD PROCTOR. 6" D698. T99 $235.00 each Modified Proctor. 4" Mold MODIFIED PROCTOR, 4" D1557. T180 $215.00 each Modified Proctor, 6" Mold MODIFIED PROCTOR. 6" D1557. T180 $240.00 each Proctor Check Point PROCTOR CHECK POINT T272 $115.00 each Proctor Oversize Correction PROCTOR CORR OVRSZ D4718 $65.00 each Treated Soil Proctor TREATED SOIL PROCTOR D558 $280.00 each Minimum/Maximum Relative Density MIN-MAX REL DENS D4352, D4253 $360.00 each Moisture/Density, TEX 113-E MOIST DENS TEX 113-E TEX113-E $260.00 each Moisture/Density, TEX 114-E MOIST DENS TEX 114-E TEX114-E $260.00 each California Impact. CTM 216, Dry Method CTM 216, DRY CTM216 $215.00 each California Impact, CTM 216, Wet Method CTM216,WET CTM216 $185.00 each SOIL CLASSIFICATION AND INDEX TESTS Test invoice Name Test Method^ Price Visual Classification CLASSIFICATN, VISUAL D2488 $10.00 each Sieve Analysis, % Finer than 200 Sieve SIEVE ANALYSIS,-200 C117, D1140 $80.00 each Sieve Analysis. Fine SIEVE ANALYSIS, F C136. D422, D6913 $120.00 each Sieve Analysis. Coarse SIEVE ANALYSIS. C C136, D422. D6913 $100.00 each Sieve Analysis, Coarse and Fine SIEVE ANALYSIS, C&F C136, D422. D6913 $150.00 each Hydrometer Analysis HYDROMETER D422 $165.00 each Water Content WATER CONTENT D2216. D4643 $25.00 each Water Content and Dry Unit Weight WATER/DENSITY, SOIL D2216,D2937, D7263 $45.00 each Atterberg Limits, Single Point ATTERBERG, SINGLE PT. D4318-Method B $110.00 each Atterberg Limits, Multiple Point ATTERBERG. MULTI PT. D4318-Method A $170.00 each Atterberg Limits, Liquid Limit Only LIQUID LIMIT ONLY D4318 $110.00 each Soil Specific Gravity SOIL SPEC. GRAV D854 $140.00 each Soil Organic Content SOIL ORGANIC CONTENT D2974-Method C $115.00 each Pinhole Dispersion Classification PINHOLE DISPERSION D4647 $300.00 each Soil pH SOIL PH D4972, G51 $55.00 each Soil Resistivity SOIL RESISTIVITY G187 $160.00 each Chloride Content CHLORIDE CONTENT $50.00 each Sulfate Content SULFATE CONTENT $100.00 each SOIL BEARING PRESSURE TESTS Test Invoice Name Test IVIethod^ Price California Bearing Ratio, Single Point' CBR, 1 POINT D1883 $350.00 each Califomia Bearing Ratio. 3 Points * CBR. 3 POINTS D1883 $650.00 each Resistance R-Value R-VALUE D2844 $300.00 each Resistance R-Value of Treated Material R-VALUE, TREATED D2844 $350.00 each Rock Correction for R-Value R-VALUE, ROCK CORR. D2844 $80.00 each Stabilized Soil UC Strength, 1 Point STABIL. SOIL UC PT. D1633, D5102 $150.00 each Stabilized Soil UC Strength, Set of 3 STABIL. SOIL UC SET D1633, D5102 $900.00 each *Note: Does not include Proctor Values SOIL BEARING PRESSURE TESTS Test Invoice Name Test Method* Price CTM 373,1 Ume Content, W/O Opt. Moist CTM 373, CHECK POINT CTM373 $150.00 each CTM 373,1 Ume Content CTM 373,1 UME % CTM373 $350.00 each CTM 373,3 Ume Contents CTM 373, 3 LIME %'S CTM373 $950.00 each Eades and Grim Test (Opt Lime Content) EADES AND GRIM TEST C977 $135.00 each Resilient Modulus RESIUENT MODULUS T307 $450.00 each SOIL TESTS fcori,tln.u6d| SOIL STRENGTH AND PERMEABILITY TESTS Test Unconfined Compressive Strength Direct Shear. 1 Point Direct Shear. 3 Points Consolidation without Time Rate Plots Consolidation with 2 Time Rate Plots Consolidation, All Loads with Time Rates Consolidation. Additional Rebound Collapse Potential One Dimensional Free Swell One Dimensional Swell, Percent Heave One Dimensional Swell with Consolidation Expansion Index Denver Swell Test Permeability, Rigid Wall Permeability. Flexible Wall Triaxial Shear, CU. 1 Point Triaxial Shear, CU, 3 Points Triaxial Shear, UU, 1 Point Triaxial Shear, UU, 3 Points Triaxial Shear. UU Saturated, 1 Point Triaxial Shear, UU Saturated, 3 Points Triaxial Test. TEX117E. Part I Triaxial Test, TEX117E, Part II Resonant Column Torsional Shear Invoice Name Test iVIethod^ Price UNCONFINED COMP STR. D2166 $135.00 each DIRECT SHEAR. 1 PT. D3080 $125.00 each DIRECT SHEAR. 3 PTS. D3080 $350.00 each CONSOL W/OTR D2435 $330.00 each CONSOL. W/2 TR D2435 $425.00 each CONSOL ALLTR D2435 $600.00 each CONSOL. ADD. REBOUND D2435 $75.00 each COLLAPSE POTENTIAL D5333 $175.00 each ONEDIM FREE SWELL D4546 $150.00 each ONEDIM SWELL % HEAVE D4546 $240.00 each ONEDIMSWELL W/CONSOL D4546 $450.00 each EXPANSION INDEX D4829 $175.00 each DENVER SWELL TEST $65.00 each PERMEABILITY, RIGID D2434 $225.00 each PERMEABILITY. FLEX D5084-Method C $300.00 each TRIAX. CU, 1 POINT D4767 $450.00 each TRIAX, CU. 3 POINTS D4767 $1,200.00 each TRIAX, UU, 1 POINT D2850 $200.00 each TRIAX, UU. 3 POINTS D2850 $550.00 each TRIAX. UU SAT. 1 POINT D2850-Modified $270.00 each TRIAX. UU SAT, 3 POINTS D2850-Modifled $750.00 each TRIAX.TEX117E-PARTI TEX117E $2,200.00 each TRIAX,TEX117E-PARTII TEX117E $2,200.00 each RCTS $4,000.00 each AGGR.EGATE TESTS Test Acid Solubility Air Degradation ASR Reactivity. Long Method ASR Reactivity. Short method Clay Lumps and Friable Particles, per sz Cleanness Value Coarse Durability Fine Durability Coarse Specific Gravity & Absorption Fine Specific Gravity & Absorption Flat and Elongated Particles, per size * Fractured Faces, per size * Ughtwelght Pieces ** Los Angeles Abrasion, Large Aggregate Los Angeles Abrasion. Small Aggregate Mortar Sand Strength Organic Impurities Potential Reactivity (Chem. Method) Sand Equivalent 1 point Sand Equivalent. 3 points Sieve Analysis, % Finer than 200 Sieve Invoice Name SOLUBILITY, ACID AG AIR DEGRADATION AG ASR REACT.,. LONG AG ASR REACT., SHORT AG CLAY LUMP/FRIABLE AG CLEANNESS VALUE AG COARSE DURABIUTY AG FINE DURABIUTY AG COARSE SPG/ABSORP AG FINE SPG/ABSORP AG FLAT&ELONG/SIZE AG FRACT. FACES/SIZE AG LIGHTWT. PIECES AG LA ABRASION, LG AG LA ABRASION, SM AG MORTAR SAND STR. AG ORGANIC IMPURITIES AG POT. REACT. CHEM. AG SAND EQUIV., 1PT. AG SAND EQUIV.. SPT. SIEVE ANALYSIS,-200 Test l\Aethod^ Price AWWA B100 $100.00 each ITD T15 $200.00 each C227, C1293 $2,100.00 each C1260. C1567 $1,050.00 each C142 $100.00 each CTM227 $150.00 each D3744 $150.00 each D3744 $110.00 each C127 $60.00 each C128 $100.00 each D4791 $75.00 each D5821 $100.00 each C123 $330.00 each C535 $200.00 each C131 $175.00 each C87, CTM515 $550.00 each C40 $60.00 each C289 $700.00 each D2419 $70.00 each D2419 $130.00 each C117, D1140 $80.00 each AGGREGATE TESTS (contiiiyedl Test Sieve Analysis. Fine Sieve Analysis, Coarse Sieve Analysis. Coarse and Fine Soundness of Aggregate, per size * Unit Weight Water Content Texas Wet Ball Mill *Note: Tests are billed by each size fraction tested, specific test method. invoice Name SIEVE ANALYSIS. F SIEVE ANALYSIS. C SIEVE ANALYSIS. C&F AG SULFATE SOUND/SZ. AG UNIT WEIGHT WATER CONTENT TX WET BALL MILL Test Method^ C136, D422. D6913 C136. D422, D6913 C136. D422. D6913 C88 C29 D2216 TEX116E Price $120.00 each $100.00 each $150.00 each $140.00 each $60.00 each $25.00 each $250.00 each The quantity of fractions tested is dependent on the sample gradation and "Note: Tests are billed by each size fraction tested, and the specific gravity of the test solution used (2,0 and/or 2.4). The auantitv of fractions tested is dependent on the sample gradation. "^ur^.tj. mequaniiiy ROCK TESTS Test Dimension Stone, Absorption/Spec. Grav. Dimension Stone. Compressive Strength Dimension Stone. Flexural Strength Dimension Stone. Modulus Of Rupture Direct Shear. 1 Point Direct Shear. 3 Points Direct Shear, 5 Points Mohs Hardness Point Load Index Point Load, Set of 10 Slake Durability Splitting Tensile Strength Triaxial Shear, Hard Rock Triaxial Shear. Weak Rock Triaxial Shear. Weak w Mod. of Rup. Triaxial Shear. Weathered Rock Unconfined Compression invoice Name DIM STONE-ABS/SPG DIM STONE-COMPRESS DIM STONE-FLEX STR DIM STONE-MD OF RUP ROCK DIR. SHEAR, 1PT ROCK DIR. SHEAR. SPT ROCK DIR. SHEAR. 5PT ROCK MOHS HARDNESS ROCK PT LOAD INDEX ROCK PT LOAD SET/10 ROCK SLAKE DURABIL. ROCK SPUT. TENSILE ROCK TRIAX. HARD ROCK TRIAX, WEAK ROCK TRIAX, WEAK/MOD ROCK TRIAX. WEATHERD ROCK UNCON. COMP. CONCRETE TESTS Test Method^ C97 C170 C880 C99 D5607 D5607 D5607 D5731 D5731 D4644 D3967 D7012 D7012 D7012 D7012 D7012 Price $210.00 set/5 $210.00 set/5 $210.00 set/5 $210.00 set/5 $140.00 each $350.00 each $600.00 each $25.00 each $20.00 each $125.00 each $185.00 each $125.00 each $225.00 each $350.00 each $450.00 each $225.00 each $125.00 each Test Unconfined Compression W/Mod of Rup Compression Core Compression Creep Cylinder Unit Weight Drying Shrinkage, set of S Flexural Strength Modulus of Elasticity Splitting Tensile Strength Concrete Core Thickness Laboratory Trial Batch RCC Compression Shotcrete Compression Invoice Name ROCK UC/MOD OF RUP CONCRETE COMPRESSION CONCRETE CORE COMP. CONCRETE CREEP CONC. CYL. UNIT WT. CONC. DRY SHRINKAGE CONC. FLEX STRENGTH CONC. MOD OF ELAST CONC. SPLIT. TENSILE CONC. CORE THICKNESS CONCRETE TRIAL BATCH RCC COMPRESSION SHOTCRETE COMPRESS. Test IWethod^ Price D7012 $250.00 each C39 $30.00 each C42 $65.00 each C512 $2,000.00 each C567 $100.00 each C157 $440.00 each C78 $100.00 each C469 $250.00 each C496 $80.00 each C174 $10.00 each C192 $1,000.00 each C39 $60.00 each C1140 $80.00 each MASONRY TESTS Test Invoice Name Test Method^ Price Grout Compression GROUT COMPRESSION C1019 $30.00 each Mortar Compression MORTAR COMPRESSION C942 $30.00 each Core Compression MASONRY CORE COMP. CADSA $60.00 each Core Shear MASONRY CORE SHEAR CADSA $50.00 each Prism Compression MASONRY PRISM COMP. C1314 $110.00 each CMU Absorption and Received Moisture CMU ABSORP/MOIST. C140 $75.00 each CMU Compression CMU COMPRESSION C140 $100.00 each CMU Dimension Verification CMU DIMENSION VERIF. C140 $25.00 each CMU Lineal Shrinkage CMU LINEAL SHRINKAGE C426 $175.00 each ASPHALT TESTS BINDER TESTS Test invoice Name Test Method^ Price Absolute Viscosity AC ABSOLUTE VIS. D2171 $210.00 each Bitumen Penetration AC BIT. PENETRATION $75.00 each Kinematic Viscosity AC KINEMATIC VISC. D2170 $190.00 each Recovery by Roto-Vapor AC RECOVERY ROTOVAP D5404 $365.00 each Softening Point. Ring & Ball AC SOFT. PT.. R&B D36 $100.00 each MIX PROPERTY TESTS Test Invoice Name Test Method^ Price Gradation of Extracted Aggregate AC AGGREGATE GRADATION D5444 $100.00 each Core Thickness AC CORE THICKNESS D3549 $10.00 each AC Content by Extraction AC EXTRACTION D2172 $200.00 each Hveem Stability AC HVEEM STABILITY D1560 $100.00 each AC Content by Ignifion Oven AC IGNITION OVEN D6307. T308 $140.00 each Ignifion Oven Calibration AC IGNT. OVEN CAUB. D6307 $300.00 each Moisture Content AC MOISTURE CONTENT $50.00 each AC Content by Nuclear Gauge AC NUC. CONT. GAUGE D4125 $200.00 each Marshall Stability and Flow AC STABILITY & FLOW D6927 $150.00 each Swell AC SWELL CTM307 $100.00 each Core Unit Weight & Thickness AC CORE WT./TH1CK. D1188. D2726 $50.00 each DESIGN AND DENSITY TESTS Test invoice Name Test Method^ Price Centrifuge Kerosene Equivalent AC CKE CTM303 $240.00 each Film Stripping AC FILM STRIPPING $120.00 each Index of Retained Strength AC INDEX RET. STRGTH $1,000.00 each Unit Weight, Gryratory Metiiod AC UNIT WT., GYRA. T312 $350.00 each Unit Weight, Hveem Method AC UNIT WT.. HVEEM D1561 $285.00 each Unit Weight Marshall Method AC UNIT WT.. MARSH. D6926 $210.00 each Maximum Theoretical Specific Gravity AC M/^X THEO. SPG D2041 $145.00 each Moisture Induced Damage AC MOIST. IND. DAM. T283 $1,500.00 each Caltrans Tensile Strength Ratio AC CALTRANS TS CTM371 Moisture Vapor Susceptibility AC MOIST. VAPOR SUS. $250.00 each Mix Design, Hveem Method W/RAP HVEEM DESIGN W/RAP $7,600.00 each Mix Design, Hveem Method HVEEM MIX DESIGN $5,400.00 each Mix Design, Marshall Method MARSHALL MIX DESIGN $3,000.00 each Mix Design. Superpave Method SUPERPAVE MIX DSGN $6,000.00 each lETAL TESTS BOLT TESTS Test Bolt Assembly Suite (Bolt Nut Washer) Bolt Hardness Bolt Proof Load Bolt Wedge Tensile Nut Hardness Nut Proof Load Washer Hardness Invoice Name BOLT ASSEMBLY SUITE BOLT HARDNESS BOLT PROOF LOAD BOLT WEDGE TENSILE NUT HARDNESS NUT PROOF LOAD WASHER HARDNESS Test Method^ F606 E18 F606 F606 E18 F606 E18 Price $210.00 each $25.00 each $35.00 each $35.00 each $25.00 each $35.00 each $25.00 each *Note: An 'assembly'is one bolt, one nut and one washer. The suite consists of a bolt wedge tensile test, bolt and nut proof load tests, and hardness tests on each piece. METAL TESTS (contiriyed) STRUCTURAL METAL TESTS Test Bend Charpy Impact, Set of 3 * Rebar Coupler Slippage Rebar Coupler Tensile CTM 670 Sti-aln (Elongation) PT Strand Tensile Spliced Specimen Tensile Tensile <2.0 Sq. In. Cross-Sect. Tensile >2.0 Sq. In. Cross-Sect. Rockwell Hardness invoice Name Test Method* Price METAL. BEND A370 $40.00 each METAL. CHARPY, SET/3 A370. A673 $300.00 set METAL. COUPLER SUP A370 $130.00 each METAL. COUPLER TENS. A370 $80.00 each METAL, CTM670 STRAIN CTM670 $15.00 each METAL.PT TENSILE A370 $145.00 each METAL, SPLICE TENS. A370 $80.00 each METAL. TENSILE <2" A370 $85.00 each METAL. TENSILE >2" A370 $140.00 each ROCKWELL HARDNESS E18 $30.00 each *Note: Price does not included cost of machining test specimens. Price is for testing at 40 F; other test temperatures in additional fees. will result SAMPLE PREPARATION Test Rock Sample Preparation Sample Crushing Sample Cutting and Trimming Sample Mixing and Processing Sample Preparation Sample Preparation, per hour Sample Remolding Contamination Fee Sample Disposal Fee MISCELLANEOUS TESTS Test Fireproofing Density Hydraulic Ram Calibration Non-Masonry Grout Compression Pocket Penetration Value Roof Tile Absorption Roofing, Unit Weight of Surfacing M^^1t-'1,E PREP/.RATION AND mtSCfl: i.AN£Q.US TESTS Test Method* Invoice Name ROCK SAMPLE PREP. SAMPLE CRUSHING SAMPLE CUT & TRIM SAMPLE MIX&PROCESS SAMPLE PREPARATION SAMPLE PREP./HR. SAMPLE REMOLDING CONTAMINATION FEE SAMPLE DISPOSAL FEE Invoice Name FIREPROOFING DENSITY HYDRAULIC RAM CALIB. NON-MAS. GROUT COMP. POCKET PENETRATION ROOF TILE ABSORPTION ROOF UNIT WT. SURF. Test Method* E605 C579 D2829 Price $80.00 each $100.00 each $30.00 each $40.00 each $25.00 each $90.00 hour $75.00 each $250.00 each $10.00 each Price $50.00 each $200.00 each $30.00 each $10.00 each $100.00 each $100.00 each OTHER EQUIPMENT CHARGES MATERIALS TESTING EQUIPMENT Equipment Anchor Bolt Testing Device Asphalt Sampling Box invoice Name ANCHOR BOLT TST/DAY ASPHLT SAMPLE BOXES Test Method* OTHER EQUIPMENT CHARGES Price $150.00/day $1.15 each MATERIALS TESTING EQUIPMENT Equipment Brinell Hardness Tester Concrete Rebound (Schmidt) Hammer Concrete Vapor Emission Test Kit Coring Machine Coring Machine with Generator Cylinder Mold Diamond Bit Core Barrel Charge 2" Diameter 3" Diameter 4" Diameter 6" Diameter Digital Thickness Gauge FerroScan Equipment Floor Flatness Testing Device Floor Flatness Testing Device Hand Auger and Soil Sampler Magnetic Particle Testing Device Rebar Locator (R Meter, Pachometer Skidmore Bolt Tension Calibrator Torque Wrench, up to 1,000 foot-pounds Ultrasonic Testing Device invoice Name BRINELL HARDNESS/DAY SCHMIDT HAMMER/DAY MOIST FLOOR/SALB TST CORING MACHINE /DAY CORING MCH W/GEN DAY CYLINDER MOLDS CORING. 2" DIAM./IN CORING, 3" DIAM./IN CORING, 4" DIAM./IN CORING. 6" DIAM./1N THICKNESS GAUGE /DAY FERROSCAN EQUIPMENT FLOOR FLATNESS/SF FLOOR FLATNESS TST HAND AUGER/DAY MAGNETIC PARTICLE REBAR LOCATOR/DAY SKID WILH BOLT/DAY TORQUE WRENCH/DAY UT TESTING EQUIP/DAY Test Method* E10 C805 F1869 E1155 El 155 ASNT, AWS B1.1 A325, A490 A325, A490 ASNT, AWS B1.1 Price $20.00 /day $55.00 / day $30.00/ kit $85.00 /day $165.00/day $3.00 each $2.20 / inch $3.30 / inch $4.40 / inch $6.60 / inch $50.00 /day $275.00 /day $0.10/sqft $150.00/day $77.00 /day $45.00/day $75.00 / day $55.00/day $50.00 / day $75.00 /day OTHER EQUIPMENT CHARGES VEHICLES Description Mileage, 2 Wheel Drive (Per Mile) Vehicle w/Nuclear Dens Equip (Per Hour) Invoice Name MILEAGE. 2 WH/MILE VEH W/ND EQUIP/HR Price $0.55/ mile $2.00/ hour ENVIRONMENTAL SAMPLING AND TESTING Description Disposable Bailer Conductivity, pH. and Temperature Monitor Distilled Water Hand Auger and Soil Sampler Interface Probe (Oil/Water) Portable Generator Measuring Wheel Turbidity Meter Dissolved Oxygen Meter Price $18.15 each $60/day $S/gallon $77/day $166/day $151/day $18.15/day $66/day $59/day ENVIRONMENTAL SAMPLING AMD TESTING Icontinyed] Description Water Level Indicator Vacuum Pump Horiba Water Quality Meter Groundwater Pump (4") Groundwater Pump (2") Price $60/day $38.12/day $105/day $157.50/day $130.20/day HEALTH AND SAFET Description Price Calibration Gas $9.65/day Calibration Gas Regulator $8.76/day Camera and Film or Digital Camera $36.30/day Combustible Gas Analyzer $71.50/day Draeger Tube $16.48 each Personal Air Sampling Pump $98/day Level B Protection $298/day Level C Protection $190/day Level D Protection $54/day Limited Level D Protection $42.90/day Oxygen Analyzer $54/day Photoionization Detector $190/day Flame Ionization Detector $220/day Lock $8.35 each Peristatic Pump $89/day LEL/O2/H2S/CO Monitor $155/day WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: Bill Piummer/Utilities, Marshall Planty/fransportation October 15> 2012 (Name and Department) Date Proposed modiiication(s) to the Prof Liability requirement(s) for Master Agreements for 2012-2015 for Kleinfelder West, Geotechnical Services CA917-City;CA918-CMWD (Type of insurance) (Name of contract) rn Reduce coverage to the amount of: n Waive coverage 1X1 Other: Waive requirement of surplus lines carrier on the LASLI (formerly LESLI) FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) nsignificance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product, [explain] nsignificance of Contractor: Contractor has unique skills and there are few if any altematives. [explain: include number of candidates RFP sent to and number responded if applicable] OContract Amount/Term of Contract: $ . Work will be completed over a period of nProfessional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. I^Other (e.g. explain whv exposures are minimal, how exposures are covered in another policv, exposure control mechanisms, and any other information pertinent to your request): Under the Nonadmitted and Reinsurance Reform Act (NRRA). as part of the Dodd-Frank Act and implemented in Insurance Code Section 1765.1, "alien" nonadmitted insurers listed on the NAIC s (National Association oflnsurance Commissioners) Quarterly List of Alien Insurers are eligible to accept placements of Califomia risks from surplus lines brokers. The federal action provides for the national listing, thereby allowing alien carriers to avoid individual filing requirements in each state such as those to be included on the LASLI (formerly LESLI). As of January 30, 2012 Llovds of London/Syndicate 2001 (Amlin Undrwr Ltd) voluntarily removed itself from the LASLI. electing to relv on inclusion on the Quarterly List of Alien Insurers to provide insurance for Califomia risks from surplus lines brokers. Llovds has made a filing in Califomia that permits the Department of Insurance to "recognize'" Lloyd's syndicates in the event of an inquiry from a broker or a member of the public. However, the extent to which standards for a surplus lines carrier on the LASLI (List of Approved Surplus Lines Insurers) versus those on the Quarterly List of Alien Insurers is unclear as of the writing of this waiver and in recent articles appearing in the Insurance Joumal it appears that the state's implementing legislation has resulted in issues that may need to be resolved in court. In anv case, there is confusion among brokers and clients because there are now 2 lists in the state, one with "approved" surplus lines carriers and the other, the national list of ^'eligible" surplus lines carriers. Apparently Llovds is trying to work with the state to sort out some ofthe confusion and it can be anticipated that there will be more to come on this matter. In the meantime. Llovds of London/Syndicate 2001 (Amlin Undrwr Ltd) has and continues to be the carrier for Kleinfelder West. Inc. for its pollution liability insurance, it was on the LASLI until it requested removal, and it is the carrier for the contractor with significant ongoing proiects in the Citv. It is requested Llovds of London/Syndicate 2001 (Amlin Undrwr Ltd) be accepted as the carrier for professional liabilitv insurance for Kleinfelder West Inc. Approved bv Risk Manager for these 2 contracts only: (Signature) (Date) I l;\V/ORD\lnsurdncc\Admin Order #68 waiver modify insuriince requirements.doc 06/15/2006