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Ninyo & Moore; 2006-10-20; PWGS310
AMENDMENT NO.3 TO EXTEND AND AMEND AGREEMENT FOR AS NEEDED ENVIRONMENTAL ENGINEERING SERVICES (Ninyo & Moore Geotechnical and Environmental Engineering Services) PWGS310 This Amendment No. 3 is entered into and effective as of the £-0 "^ day of , 2009, extending and amending the agreement dated October 20, 2006 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Ninyo & Moore Geotechnical and Environmental Engineering Services ("Contractor") (collectively, the "Parties") for As Needed Environmental Engineering Services. RECITALS A. On January 18, 2008, the Parties ratified Amendment No.1 to the Agreement to extend and fund the agreement for a one-year period, retroactive to October 20, 2007; and B. On October 7, 2008, the Parties executed Amendment #2 to extend and fund the agreement for a one-year period; and C. The parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on October 20, 2010 on a time and materials and/or agreed price basis not to exceed One Hundred Thousand dollars ($100,000). 2. Contractor will complete all work associated with this Agreement by October 20, 2010, and by October 20 of all subsequent agreement years. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR (sign here) C- \AJeX>~$ (print name/title) (e-mail address) (sign here) (print name/title) (e-mail address) CITY OF CARLSBAD, a municipal corporajttefl of the State of California Cify Manager or Mayor ATTEST: LORRAINE City Clerk ••" If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 AMENDMENT NO.2 TO EXTEND AND AMEND AGREEMENT FOR AS NEEDED ENVIRONMENTAL ENGINEERING SERVICES (Ninyo & Moore Geotechnical and Environmental Engineering Services) PWGS310 This Amendment No. 2 is entered into and effective as of the day of , 2008, extending and amending the agreement dated October 20, 2006 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Ninyo & Moore Geotechnical and Environmental Engineering Services ("Contractor") (collectively, the "Parties") for As Needed Environmental Engineering Services. RECITALS A. On January 18, 2008, the Parties ratified Amendment No.1 to the Agreement to extend and fund the agreement for a one-year period, retroactive to October 20, 2007; and B. The Parties have negotiated and agreed to a modified fee schedule attached hereto as Exhibit "A", Scope of Services & Fee; and C. The parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on October 20, 2009 on an agreed price not to exceed One Hundred Thousand dollars and Zero cents ($100,000). 2. Contractor will complete all work associated with this Agreement by October 20, 2009, and by October 20 of all subsequent agreement years. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF corporation RLSBAD, a muni te of Cali (sign here) \rfoo) (print name/title) (e-mail address) LORRAINE M. WOOD City Clerk (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 AMENDMENT NO 2 TO EXEND AND AMEND AGREEMENT FOR AS NEEDED ENVIRONMENTAL ENGINEERING SERVICES Ninyo & Moore Geotechnical and Environmental Engineering Services (PWGS310) EXHIBIT "A" SCOPE OF SERVICES AND FEE 1. This amendment authorizes Ninyo & Moore Geotechnical and Environmental Engineering Services to bill on a time & material basis in accordance with the attached fee schedule dated September 1, 2008. Total compensation is not to exceed One Hundred Thousand dollars and Zero cents ($100,000) per agreement year. City Attorney Approved Version #05.22.01 City of Carlsbad On-Call Contract Amendment #2 Exhibit "A" September 1, 2008 Environmental Engineering, Geotechnical, Materials Testing and Special Inspection Services SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL: Prevailing Wages As Indicated Principal Engineer/Geologist/Environmental Scientist $ 155 Senior Engineer/Geologist/Environmental Scientist $ 148 Senior Project Engineer/Geologist/Environmental Scientist $ 144 Project Engineer/Geologist/Environmental Scientist $ 140 Senior Staff Engineer/Geologist/Environmental Scientist $ 124 Staff Engineer/Geologist/Environmental Scientist $ 114 Certified Asbestos Consultant $ 114 GIS Analyst $ 114 Field Operations Manager $ 100 Supervisory Technician* $ 98 Nondestructive Examination Technician, UT, MT, LP* $ 98 CSST1/LIA2/LPM3 $ 95 Pull Test Technician and Equipment* $ 94 Senior Field/Laboratory Technician* $ 94 Field/Laboratory Technician* $ 94 ACI Concrete Technician* $ 94 Concrete/Asphalt Batch Plant Inspector* $ 94 Special Inspector, Reinforced Concrete* $ 94 Special Inspector, Pre-stressed Concrete* $ 94 Special Inspector, Reinforced Masonry* $ 94 Special Inspector, Structural Steel* $ 94 Special Inspector, Welding, AWS* $ 94 Special Inspector, Fireproofing* $ 94 Technical lllustrator/CAD Operator $ 80 Geotechnical/Environmental/Laboratory Assistant $ 63 Information Specialist $ 58 Data Processing, Technical Editing, or Reproduction $ 55 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES XRF Lead Analysis $ 250/day PID/FID Usage $ 120/day Air Sampling Cassettes $ 100/case Level C Personal Protective Equipment (person/day [p/d]) $ 55 /day Air Sampling Pump Usage $ 45/day Vehicle $ 15/day OTHER CHARGES Expert Witness Testimony $ 300/hr Concrete Coring Equipment (includes one technician) $ 110 /hr Special Preparation of Standard Test Specimens $ 71 /hr Inclinometer Usage $ 32/hr Vapor Emission Kits $ 30/kit Rebar Locator (Pachometer) $ 10/hr Nuclear Density Gauge Usage $ 9/hr Asbestos Point Count Analysis (24-Hour TAT) $ 65 lea Asbestos Point Count Analysis (72-Hour TAT) $ 45 /ea Asbestos Air Sample (TEM - 24-Hour TAT) $ 65/ea Asbestos Air Sample (TEM - 72-Hour TAT) $ 60/ea Asbestos Air Sample (PCM - 24-Hour TAT) $ 12/ea Asbestos Air Sample (PCM-72-Hour TAT) $ 10/ea PLM Bulk/Soil Analysis (24-Hour TAT) $ 12/ea PLM Bulk/Soil Analysis (72-Hour TAT) $ 7.50/ea TEM Bulk Analysis (24-Hour TAT) $ 85/ea TEM BulkAnalysis (72-HourTAT) $ 71 /ea Lead Air, Dust Wipe, and Paint Chip Analysis (24-Hour TAT) $ 12 ea Field Vehicle Usage $ 6/hr City of Carlsbad On-Call Contract Amendment #2 Exhibit "A" September 1, 2008 Environmental Engineering, Geotechnical, Materials Testing and Special Inspection Services Direct Project Expenses Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. Overtime rates will be charged at 1.5 times the normal hourly rate. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. 'Indicates rates that are based on the 2008 Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. 1. CSST = Certified Site Surveillance Technician 2. LPM = Lead Project Monitor 3. LIA = Lead Inspector/Assessor City of Carlsbad On-Call Contract Amendment #2 Exhibit "A" Environmental Engineering, Geotechnical, Materials Testing and Special Inspection Services September 1,2008 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Atterberg Limits, D 4318, CT 204 $ 130 California Bearing Ratio (CBR), D 1883 $ 400 Chloride and Sulfate Content, CT 417 & CT 422 $ 120 Consolidation, D 2435, CT 219 $ 250 Consolidation-Time Rate, D 2435, CT 219 $ 60 Direct Shear- Remolded, D 3080 $ 260 Direct Shear- Undisturbed, D 3080 $ 225 Durability Index, CT 229 $ 140 Expansion Index, D 4829, UBC 18-2 $ 150 Expansion Potential (Method A), D 4546 $ 130 Expansive Pressure (Method C), D 4546 $ 130 Geofabric Tensile and Elongation Test, D 4632 $ 150 Hydraulic Conductivity, D 5084 $ 275 Hydrometer Analysis, D 422, CT 203 $ 175 Double Hydrometer Analysis, D 422, CT 203 $ 270 Moisture, Ash, & Organic Matter of Peat/Organic Soils $ 100 Moisture Only, D 2216, CT 226 $ 25 Moisture and Density, D 2937 $ 35 Permeability, CH, D 2434, CT 220 $ 210 pH and Resistivity, CT 643 $ 125 Proctor Density D 1557, D698, CT 216, & $ 160 AASHTO T-180 (Rock corrections add $80) R-value, D 2844, CT 301 $ 225 Sand Equivalent, D 2419, CT 217 $ 80 Sieve Analysis, D 422, CT 202 $ 100 Sieve Analysis, 200 Wash, D 1140, CT 202 $ 80 Specific Gravity, D 854, CT 209 $ 80 Triaxial Shear, C.D, D 4767, T 297 $ 350 Triaxial Shear, C.U., w/pore pressure, D 4767, T2297 per pt $ 300 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt $ 175 Triaxial Shear, U.U., D 2850 per pt $ 125 Unconfined Compression, D 2166, T 208 $ 90 Wax Density, D 1188 $ 80 Roofing Built-up Roofing, cut-out samples, D 2829 $ 150 Roofing Materials Analysis, D 2829 $ 450 Roofing Tile Absorption, (set of 5), UBC 15-5 $ 175 Roofing Tile Strength Test, (set of 5), UBC 15-5 $ 175 Masonry Brick Absorption, 24-hour submersion, C67 $ 40 Brick Absorption, 5-hour boiling, C 67 $ 50 Brick Absorption, 7-day, C 67 $ 55 Brick Compression Test, C 67 $ 40 Brick Efflorescence, C 67 $ 40 Brick Modulus of Rupture, C 67 $ 35 Brick Moisture as received, C 67 $ 30 Brick Saturation Coefficient, C 67 $ 45 Concrete Block Compression Test, 8x8x16, C 140 $ 55 Concrete Block Conformance Package, C 90 $ 400 Concrete Block Linear Shrinkage, C 426 $ 110 Concrete Block Unit Weight and Absorption, C 140 $ 50 Cores, Compression or Shear Bond, CA Code $ 50 Masonry Grout, 3x3x6 prism compression, UBC 21-18 $ 25 Masonry Mortar, 2x4 cylinder compression, UBC 21-16 $ 25 Masonry Prism, half size, compression, UBC 21-17 $ 100 Special preparation of standard test specimens will be charged at the technician's hourly rate. Concrete Cement Analysis Chemical and Physical, C 109, CT404 Compression Tests, 6x12 Cylinder, C 39, CT521 Concrete Mix Design Review, Job Spec Concrete Mix Design, per Trial Batch, 6 cylinder, ACI Concrete Cores, Compression (excludes sampling), C 42 Drying Shrinkage, C 157 Flexural Test, C 78 Flexural Test, C 293 Flexural Test, CT 523 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI. Jobsite Testing Laboratory Lightweight Concrete Fill, Compression, C 495 Petrographic Analysis, C 856 Splitting Tensile Strength, C 496 Reinforcing and Structural Steel Fireproofing Density Test, UBC 7-6 Hardness Test, Rockwell, A-370 High Strength Bolt, Nut & Washer Conformance, set, A-32.... Mechanically Spliced Reinforcing Tensile Test, ACI Pre-Stress Strand (7 wire), A 416 Chemical Analysis, A-36, A-615 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 Structural Steel Tensile Test: Up to 200,000 Ibs. (machining extra), A 370 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI Asphalt Concrete Asphalt Mix Design, Caltrans Asphalt Mix Design Review, Job Spec Extraction, % Asphalt, including Gradation, D 2172, CT310. Film Stripping, CT 302 Hveem Stability and Unit Weight CTM or ASTM, CT 366 Marshall Stability, Flow and Unit Weight, T-245 Maximum Theoretical Unit Weight, D 2041 Swell, CT 305 Unit Weight sample or core, D 2726, CT 308 Aggregates Absorption, Coarse, C 127, CT 206 Absorption, Fine, C 128, CT207 Clay Lumps and Friable Particles, C 142, CT 205 Cleanness Value, CT 227 Crushed Particles, CT 205 Durability, Coarse, CT 229 Durability, Fine, CT 229 Los Angeles Abrasion, C 131 or C 535, CT211 Mortar making properties of fine aggregate, C 87, CT 515 Organic Impurities, C 40, CT 213 Potential Reactivity of Aggregate (Chemical Method), C 289 Sand Equivalent, CT 217 Sieve Analysis, Coarse Aggregate, C 136, CT202 Sieve Analysis, Fine Aggregate (including wash), C136, CT 202.. Sodium Sulfate Soundness (per size fraction), C 88, CT 214 Specific Gravity, Coarse, C 127, CT 206 Specific Gravity, Fine, C 128, CT 207 1,500 19 125 675 50 225 45 50 55 225 Quote 35 1,000 70 50 45 110 85 125 110 45 60 50 $ 2,000 $ 135 $ 195 $ 90 $ 175 $ 195 $ 110 $ 150 $ 80 30 30 95 110 130 120 120 165 250 50 350 80 95 95 145 65 75 Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. City of Carlsbad On-Call Contract Amendment #2 Exhibit "A" September 1, 2008 Environmental Engineering, Geotechnical, Materials Testing and Special Inspection Services SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist $ 155 Senior Engineer/Geologist/Environmental Scientist $ 148 Senior Project Engineer/Geologist/Environmental Scientist $ 144 Project Engineer/Geologist/Environmental Scientist $ 140 Senior Staff Engineer/Geologist/Environmental Scientist $ 124 Staff Engineer/Geologist/Environmental Scientist $ 114 Certified Asbestos Consultant $ 114 GIS Analyst $ 114 Field Operations Manager $ 100 CSST1/LIA2/LPM3 $ 95 Supervisory Technician $ 88 Nondestructive Examination Technician, UT, MT, LP $ 88 Pull Test Technician and Equipment $ 84 Senior Field/Laboratory Technician $ 84 Field/Laboratory Technician $ 84 ACI Concrete Technician $ 84 Concrete/Asphalt Batch Plant Inspector $ 84 Special Inspector, Reinforced Concrete $ 84 Special Inspector, Pre-stressed Concrete $ 84 Special Inspector, Reinforced Masonry $ 84 Special Inspector, Structural Steel $ 84 Special Inspector, Welding, AWS $ 84 Special Inspector, Fireproofing $ 84 Technical lllustrator/CAD Operator $ 80 Geotechnical/Environmental/Laboratory Assistant $ 63 Information Specialist $ 58 Data Processing, Technical Editing, or Reproduction $ 55 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES XRF Lead Analysis $ 250/day PID/FIDUsage $ 120/day Air Sampling Cassettes $ 100/case Level C Personal Protective Equipment (person/day [p/d]) $ 55 /day Air Sampling Pump Usage $ 45/day Vehicle $ 15/day OTHER CHARGES Expert Witness Testimony $ 300/hr Concrete Coring Equipment (includes one technician) $ 110 /hr Special Preparation of Standard Test Specimens $ 71 /hr Inclinometer Usage $ 32/hr Vapor Emission Kits $ 30/kit Rebar Locator (Pachometer) $ 10/hr Nuclear Density Gauge Usage $ 9/hr Asbestos Point Count Analysis (24-Hour TAT) $ 65/ea Asbestos Point Count Analysis (72-Hour TAT) $ 45/ea Asbestos Air Sample (TEM - 24-Hour TAT) $ 65 /ea Asbestos Air Sample (TEM - 72-Hour TAT) $ 60 /ea Asbestos Air Sample (PCM - 24-Hour TAT) $ 12/ea Asbestos Air Sample (PCM - 72-Hour TAT) $ 10/ea PLM Bulk/Soil Analysis (24-Hour TAT) $ 12/ea PLM Bulk/Soil Analysis (72-Hour TAT) $ 7.50/ea TEM Bulk Analysis (24-Hour TAT) $ 85/ea TEM Bulk Analysis (72-Hour TAT) $ 71 /ea Lead Air, Dust Wipe, and Paint Chip Analysis (24-Hour TAT) $ 12 ea Field Vehicle Usage $ 6/hr City of Carlsbad On-Call Contract Amendment #2 Exhibit "A" September 1, 2008 Environmental Engineering, Geotechnical, Materials Testing and Special Inspection Services Direct Project Expenses Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. Overtime rates will be charged at 1.5 times the normal hourly rate. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. 1. CSST = Certified Site Surveillance Technician 2. LPM = Lead Project Monitor 3. LIA = Lead Inspector/Assessor City of Carlsbad On-Call Contract Amendment #2 Exhibit "A" Environmental Engineering, Geotechnical, Materials Testing and Special Inspection Services September 1,2008 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Atterberg Limits, D 4318, CT 204 $ 130 California Bearing Ratio (CBR), D 1883 $ 400 Chloride and Sulfate Content, CT 417 &CT 422 $ 120 Consolidation, D 2435, CT 219 $ 250 Consolidation - Time Rate, D 2435, CT 219 $ 60 Direct Shear-Remolded, D 3080 $ 260 Direct Shear-Undisturbed, D3080 $ 225 Durability Index, CT 229 $ 140 Expansion Index, D 4829, UBC 18-2 $ 150 Expansion Potential (Method A), D 4546 $ 130 Expansive Pressure (Method C), D4546 $ 130 Geofabric Tensile and Elongation Test, D 4632 $ 150 Hydraulic Conductivity, D 5084 $ 275 Hydrometer Analysis, D 422, CT203 $ 175 Double Hydrometer Analysis, D 422, CT 203 $ 270 Moisture, Ash, & Organic Matter of Peat/Organic Soils $ 100 Moisture Only, D 2216, CT 226 $ 25 Moisture and Density, D 2937 $ 35 Permeability, CH, D 2434, CT 220 $ 210 pH and Resistivity, CT 643 $ Proctor Density D 1557, D 698, CT 216, & $ AASHTO T-180 (Rock corrections add $80) R-value, D 2844, CT 301 $ Sand Equivalent, D 2419, CT 217 $ Sieve Analysis, D 422, CT 202 $ Sieve Analysis, 200 Wash, D 1140, CT 202 $ Specific Gravity, D 854, CT 209 $ Triaxial Shear, C.D, D 4767, T 297 $ Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt $ Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt $ Triaxial Shear, U.U., D 2850 per pt $ Unconfined Compression, D 2166, T 208 $ Wax Density, D 1188 $ Concrete Cement Analysis Chemical and Physical, C 109, CT404 $ Compression Tests, 6x12 Cylinder, C 39, CT 521 $ Concrete Mix Design Review, Job Spec $ Concrete Mix Design, per Trial Batch, 6 cylinder, ACI $ Concrete Cores, Compression (excludes sampling), C 42 $ Drying Shrinkage, C 157 $ Flexural Test, C 78 $ Flexural Test, C 293 $ Flexural Test, CT523 $ Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI $ Jobsite Testing Laboratory Lightweight Concrete Fill, Compression, C 495 $ Petrographic Analysis, C 856 $ Splitting Tensile Strength, C 496 $ 125 160 225 80 100 80 80 350 300 175 125 90 80 Roofing Built-up Roofing, cut-out samples, D2829 $ 150 Roofing Materials Analysis, D2829 $ 450 Roofing Tile Absorption, (set of 5), UBC 15-5 $ 175 Roofing Tile Strength Test, (set of 5), UBC 15-5 $ 175 Masonry Brick Absorption, 24-hour submersion, C67 $ 40 Brick Absorption, 5-hour boiling, C 67 $ 50 Brick Absorption, 7-day, C 67 $ 55 Brick Compression Test, C 67 $ 40 Brick Efflorescence, C 67 $ 40 Brick Modulus of Rupture, C 67 $ 35 Brick Moisture as received, C 67 $ 30 Brick Saturation Coefficient, C 67 $ 45 Concrete Block Compression Test, 8x8x16, C 140 $ 55 Concrete Block Conformance Package, C 90 $ 400 Concrete Block Linear Shrinkage, C 426 $ 110 Concrete Block Unit Weight and Absorption, C 140 $ 50 Cores, Compression or Shear Bond, CA Code $ 50 Masonry Grout, 3x3x6 prism compression, UBC 21-18 $ 25 Masonry Mortar, 2x4 cylinder compression, UBC 21-16 $ 25 Masonry Prism, half size, compression, UBC 21-17 $ 100 Special preparation of standard test specimens will be charged at the technician's hourly rate. Reinforcing and Structural Steel Fireproofing Density Test, UBC 7-6 Hardness Test, Rockwell, A-370 High Strength Bolt, Nut & Washer Conformance, set, A-32.... Mechanically Spliced Reinforcing Tensile Test, ACI Pre-Stress Strand (7 wire), A 416 Chemical Analysis, A-36, A-615 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 Structural Steel Tensile Test: Up to 200,000 Ibs. (machining extra), A 370 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI Asphalt Concrete Asphalt Mix Design, Caltrans Asphalt Mix Design Review, Job Spec Extraction, % Asphalt, including Gradation, D 2172, CT 310.. Film Stripping, CT 302 Hveem Stability and Unit Weight CTM or ASTM, CT 366 Marshall Stability, Flow and Unit Weight, T-245 Maximum Theoretical Unit Weight, D2041 Swell, CT 305 Unit Weight sample or core, D 2726, CT 308 Aggregates Absorption, Coarse, C 127, CT 206 $ Absorption, Fine, C 128, CT207 $ Clay Lumps and Friable Particles, C 142, CT205 $ Cleanness Value, CT 227 $ Crushed Particles, CT 205 $ Durability, Coarse, CT 229 $ Durability, Fine, CT 229 $ Los Angeles Abrasion, C 131 or C 535, CT 211 $ Mortar making properties of fine aggregate, C 87, CT 515 $ Organic Impurities, C 40, CT 213 $ Potential Reactivity of Aggregate (Chemical Method), C 289 $ Sand Equivalent, CT 217 $ Sieve Analysis, Coarse Aggregate, C 136, CT 202 $ Sieve Analysis, Fine Aggregate (including wash), C136, CT 202 $ Sodium Sulfate Soundness (per size fraction), C 88, CT 214 $ Specific Gravity, Coarse, C 127, CT 206 $ Specific Gravity, Fine, C 128, CT207 $ 1,500 19 125 675 50 225 45 50 55 225 Quote 35 1,000 70 50 45 110 85 125 110 45 60 50 2,000 135 195 90 175 195 110 150 80 30 30 95 110 130 120 120 165 250 50 350 80 95 95 145 65 75 Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. RATIFICATION OF AMENDMENT NO. 1 TO AGREEMENT FOR AS NEEDED ENVIRONMENTAL ENGINEERING SERVICES Ninyo & Moore Geotechnical and Environmental Engineering Services This Amendment No. 1 is entered into the / % day ofC^-V&^xxx^tx.f— 200J$£_, but effective as of the 20th day of October, 2007, ratifying thdl amendmenrof the agreement dated October 20th, 2006 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Ninyo & Moore Geotechnical and Environmental Engineering Services, ("Contractor") (collectively, the "Parties") for As Needed Environmental Engineering Services. RECITALS A. The Parties desire to alter the scope of work of the Agreement to add additional as needed geotechnical engineering Services; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule which is attached to and incorporated in this reference as Exhibit "A" Scope of Services and Fee. C. The Parties desire to ratify any amended scope of work already performed by the Contractor without the benefit of this Amendment. D. The Parties wish to extend and fund the agreement for a one year period retroactive to October 20, 2007. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . The retroactive amendment of the Agreement is ratified. 2. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor has provided, or will provide, those services described in Exhibit "A". 3. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed One Hundred Thousand dollars ($100,000). 4. Contractor will complete all work described in Exhibit "A" by October 20, 2008 and by October 20 of each subsequent agreement year. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right afid actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR *By: (sign here) " , (print name/title) (e-mail address) (s*ign here) * vJg<s>i> /faf^ (print name/title) U>hc*\ru/ il acrar CITY OF corporati By: -a* \»»HII,,,\,&?AO%p.^ _/.._ *•< /•-> '>••?V^ = §.^rft**^ 'f "** ^.'i, * ,•'MllU^ (e-mail acfdress) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:_ City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California *p-"""™^\ " County of /&** l/1fG-o On ^Pir-i 2^ , before me, ^ Date personally appeared ^^"t/C. jfj<^Jk M ^^Vw nAvtn i BIMM* ^1* -ffiKK*™ CommlMton* 1759490 1 IfRfcaMM Notory Public • California 1 1 \Sij3y Son (M«go County i .^~iZm MjfConm, !>•*•• *•«] 12,201 1 C Place Notary Seal Above }ss. ^p)\Ac3<. ^ i>'-j«^5, Aio'T^o'^— -I ^^-n *-*-< Name and Title of Officer (e.grT'Jane Doe, Notary PJblic") e R_ t\/~i dc C_ VA.) ot^Si rvW M ^ Name(s) of Signer{s) (J ffl^roved 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 l)e/stt€/they executed the same in hie/rver/their authorized capacity(ies), and that by his/ber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ^^s4^^yZ3->s^vt^-. Signatt/re of Notary Public rir\ki A i 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: U Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H RI(-H-IT THI IMRPRINIT ^^^H ^^^^^^^^^^^^^^^^^^^^^^^l^^^^^^^H OF SlfiNFR ^^^1 Top of thumb here D1999 National Notary Association «9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 •www.nationalnotary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827 City of Carlsbad On-Call Contract December 18, 2007 Environmental Engineering, Geotechnical, Materials Testing and Special Inspection Services SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist $ 155 Senior Engineer/Geologist/Environmental Scientist $ 148 Senior Project Engineer/Geologist/Environmental Scientist $ 144 Project Engineer/Geologist/Environmental Scientist $ 140 Senior Staff Engineer/Geologist/Environmental Scientist $ 124 Staff Engineer/Geologist/Environmental Scientist $ 114 Certified Asbestos Consultant $ 114 GIS Analyst $ 114 Field Operations Manager $ 100 CSST1/LIA2/LPM3 $ 95 Supervisory Technician* $ 93 Nondestructive Examination Technician, UT, MT, LP* $ 93 Pull Test Technician and Equipment* $ 89 Senior Field/Laboratory Technician* $ 89 Field/Laboratory Technician* $ 89 ACI Concrete Technidan* $ 89 Concrete/Asphalt Batch Plant Inspector $ 89 Special Inspector, Reinforced Concrete* $ 89 Special Inspector, Pre-stressed Concrete* $ 89 Special Inspector, Reinforced Masonry* $ 89 Special Inspector, Structural Steel* $ 89 Special Inspector, Welding, AWS* $ 89 Special Inspector, Fireproofing* $ 89 Technical lllustrator/CAD Operator. $ 80 Geotechnical/Environmental/Laboratory Assistant $ 63 Information Specialist $ 58 Data Processing, Technical Editing, or Reproduction $ 55 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES XRF Lead Analysis $ 250 /day PID/FID Usage $ 120/day Air Sampling Cassettes $ 100 /case Level C Personal Protective Equipment (person/day [p/d]) $ 55 /day Air Sampling Pump Usage. $ 45 /day Vehicle $ 15/day OTHER CHARGES Expert Witness Testimony $ 300/hr Concrete Coring Equipment (includes one technician) $ 110 /hr Special Preparation of Standard Test Specimens $ 71 /hr Inclinometer Usage $ 32/hr Vapor Emission Kits $ 30 /kit Rebar Locator (Pachometer). $ 10/hr Nuclear Density Gauge Usage $ 9 /hr Asbestos Point Count Analysis (24-Hour TAT) $ 65 /ea Asbestos Point Count Analysis (72-Hour TAT) $ 45 /ea Asbestos Air Sample (TEM - 24-Hour TAT) $ 65 /ea Asbestos Air Sample (TEM-72-Hour TAT) $ 60/ea Asbestos Air Sample (PCM - 24-Hour TAT) $ 12/ea Asbestos Air Sample (PCM-72-Hour TAT) $ 10/ea PLM Bulk/Soil Analysis (24-Hour TAT) $ 12/ea PLM Bulk/Soil Analysis (72-Hour TAT) $ 7.50 /ea TEM Bulk Analysis (24-Hour TAT) $ 85/ea TEM Bulk Analysis (72-Hour TAT) $ 71 /ea Lead Air, Dust Wipe, and Paint Chip Analysis (24-Hour TAT) $ 12 ea Field Vehicle Usage $ 6/hr f/top, Geotechnical and Environmental Sciences Consultants December 28, 2007 Mr. Dale A. Schuck Public Works Supervisor CITY OF CARLSBAD Public Works Department 405 Oak Avenue Carlsbad, California 92008-3009 Subject: Ninyo & Moore Contract Signature Authority Dear Mr. Schuck: I hereby certify that the following is a true excerpt from the Minutes of the Ninyo & Moore Board of Directors meeting held on June 24, 1999: 15. Empowerment of Executive Officers: Many clients have requested letters of authorization prior to accepting the signatures of Principals on contractual documents. To clarify this situation, we hereby incorporate the following statement into the bylaws of the Corporation: RESOLVED, that the Corporation recognizes those employees appointed as Principals (including Division Managers) as Executive Officers of the Corporation, and empowers them to represent the Corporation in this legal capacity. Under this resolution, C. Wood Hays, W. Scott Snyder, and Stephan A. Beck, Principals in the Environmental Division of our San Diego office, are empowered to bind the corporation. If you have any additional questions regarding this matter, please contact me at (858) 576- 1000. Sincerely, NINYO & MOORE Margot A. Graves Assistant Secretary 5710 Ruffin Road • San Diego, California 92123 • Phone (858) 576-1000 • Fax (858| 576-9600 San Diego • Irvine • Ontario • Los Angeles • Oakland • Las Vegas • Carson City • Phoenix • Denver City of Carlsbad On-Call Contract December 18, 2007 Environmental Engineering, Geotechnical, Materials Testing and Special Inspection Services Direct Project Expenses Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. Overtime rates will be charged at 1.5 times the normal hourly rate. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. indicates rates that are based on the 2007 Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30days. 1, CSST = Certled Site SurveiHarjcerFWwician 2, LFWF Lead Project Mwfteir • /;.;"* ,?,*, •; :; •• • , >..-.&. $. Ll& = Lead Inspector/Assessor < City of Carlsbad On-Call Contract Environmental Engineering, Geotechnical, Materials Testing and Special Inspection Services December 18, 2007 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Atterberg Limits, D 4318, CT 204 $ 130 California Bearing Ratio (CBR), D 1883 $ 400 Chloride and Sulfate Content, CT 417 &CT 422 $ 120 Consolidation, D 2435, CT 219 $ 250 Consolidation-Time Rate, D 2435, CT 219 $ 60 Direct Shear-Remolded, D 3080 $ 260 DirectShear- Undisturbed, D 3080 $ 225 Durability Index, CT 229 $ 140 Expansion Index, D 4829, UBC18-2 $ 150 Expansion Potential (Method A), D 4546 $ 130 Expansive Pressure (Method C), D 454& $ 130 Geofabric Tensile and Elongation Test, D 4632 $ 150 Hydraulic Conductivity, D 5084 $ 275 Hydrometer Analysis, D 422, CT203 $ 175 Double Hydrometer Analysis, D 422, CT 203 $ 270 Moisture, Ash, & Organic Matter of Peat/Organic Soils $ 100 Moisture Only, D 2216, CT 226 $ 25 Moisture and Density, D2937 $ 35 Permeability, CH, D 2434, CT 220. $ 210 pH and Resistivity, CT 643 $ Proctor Density D1557, D698,CT216,& $ AASHTO T-180 (Rock corrections add$80) R-value, D 2844, CT 301 $ Sand Equivalent, D 2419, CT 217 $ Sieve Analysis, D 422, CT 202 $ Sieve Analysis, 200 Wash, D 1140, CT 202 $ Specific Gravity, D 854, CT 209 $ TriaxialShear, C.D, D4767.T 297 $ Triaxial Shear, C.U., w/pore pressure, D4767.T 2297 perpt $ Triaxial Shear, C.U., w/o pore pressure, D4767, T 2297 per pt $ Triaxial Shear, U.U., D 2850 per pt $ Unconfined Compression, D2166.T 208 $ Wax Density, D 1188 $ Roofing Built-up Roofing, cut -out samples, D 2829 $ Roofing Materials Analysis, D 2829 $ Roofing Tile Absorption, (set of 5), UBC 15-5 $ Roofing Tile Strength Test, (set of 5), UBC 1^6 $ n, 24-hour submersion, C 67 $ Brick Absorption, 5-hour boiling, C 67 $ Brick Absorption, 7-day, C 67 $ Brick Compression Test, C 67 $ Brick Efflorescence, C 67 $ Brick Modulus of Rupture, C 67 $ Brick Moisture as received, C 67 $ Brick Saturation Coefficient, C 67 $ Concrete Block Compression Test, 8x8x16, C 140 $ Concrete Block Conformance Package, C90 $ Concrete Block Linear Shrinkage, C 426 $ Concrete Block Unit Weight and Absorption, C140 $ Cores, Compression or Shear Bond, CA Code $ Masonry Grout, 3x3x6 prism compression, UBC 21-18 $ Masonry Mortar, 2x4 cylinder compression, UBC 21-16 $ Masonry Prism, half size, compression, UBC 21-17 $ Special preparation of standard test specimens will be charged at the technician's hourly rate. 125 160 225 80 100 80 80 350 300 175 125 90 80 150 450 175 175 40 50 55 40 40 35 30 45 55 400 110 50 50 25 25 100 Concrete Cement Analysis Chemical and Physical, C 109, CT404 Compression Tests, 6x12 Cylinder, C 39, CT521 Concrete Mix Design Review, Job Spec Concrete Mix Design, per Trial Batch, 6 cylinder, ACI Concrete Cores, Compression (excludes sampling), C 42 Drying Shrinkage, C157 Flexural Test, C 78 Flexural Test, C 293 Flexural Test, CT 523 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI.. Jobsite Testing Laboratory. Lightweight Concrete Fill, Compression, C 495 Petrographic Analysis, C 856 Splitting Tensile Strength, C496. Reinforcing and Structural Steel Fireproofing Density Test, UBC 7-6.. Hardness Test, Rockwell, A-370 High Strength Bolt, Nut & Washer Conformance, set, A-32.... Mechanically Spliced Reinforcing Tensile Test, ACI Pre-Stress Strand (7 wire), A 416 Chemical Analysis, A-36, A-615 Reinforcing Tensile or Bend up to No. 11.A615& A706 Structural Steel Tensile Test: Up to 200,000 Ibs. (machining extra), A 370. Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI Asphalt Concrete Asphalt Mix Design, Caltrans Asphalt Mix Design Review, Job Spec Extraction, % Asphalt, including Gradation, D 2172, CT 310.. Film Stripping, CT 302 Hveem Stability and Unit WeightCTM or ASTM, CT 366 Marshall Stability, Flow and Unit Weight, T-245 Maximum Theoretical Unit Weight, D 2041 Swell, CT 305 Unit Weight sample or core, D 2726, CT30a Aggregates Absorption, Coarse, C127, CT 206 Absorption, Fine, C 128, CT207 Clay Lumps and Friable Particles, C 142, CT 205 Cleanness Value, CT 227 Crushed Particles, CT 205. Durability, Coarse, CT 229 Durability, Fine, CT 229. Los Angeles Abrasion, C 131 or C 535, CT211 Mortar making properties of fine aggregate, C 87, CT 515 Organic Impurities, C 40, CT 21 a Potential Reactivity of Aggregate (Chemical Method), C 289 Sand Equivalent, CT 217 Sieve Analysis, Coarse Aggregate, C 136, CT202 Sieve Analysis, Fine Aggregate (including wash), C136, CT 202. Sodium Sulfate Soundness (per size fraction), C 88, CT 214 Specific Gravity, Coarse, C127, CT 206. Specific Gravity, Fine, C128, CT 207 1,500 19 125 675 50 225 45 50 55 225 Quote 35 1,000 70 50 45 110 85 125 110 45 60 50 2,000 135 195 90 175 195 110 150 80 30 30 95 110 130 120 120 165 250 50 35080 95 95 145 65 75 Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. AGREEMENT FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES Ninyo & Moore Geotechnical and Environmental Engineering Services THIS AGREEMENT is made and entered into as of the ty day of 20QCf . by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Ninyo & Moore, a Corporation, ("Contractor"). RECITALS A. City requires the professional services of an Environmental Engineering Consultant that is experienced in providing Environmental Engineering services. B. Contractor has the necessary experience in providing professional services and advice related to Environmental Engineering. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. 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. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one-year from the date first above written. The City Manager may amend the Agreement to extend it for four additional one-year periods or parts thereof in an amount not to exceed One Hundred Thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION City Attorney Approved Version #04.01.02 The total fee payable for the Services to be performed during the initial Agreement term will be not to exceed One Hundred Thousand dollars ($100,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses City Attorney Approved Version #04.01.02 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 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-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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. 10.1.1 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. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version #04.01.02 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and 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, City Attorney Approved Version #04.01.02 and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name: Dale Schuck Same: C. Wood Hays Title: Public Works Supervisor Title: Principal Environmental Geologist Department: General Services Address: 5710 Ruffin Road City of Carlsbad San Diego, CA 92123 Address: 405 Oak Avenue Phone No: 858-576-1000 Carlsbad, CA 92008 Phone No.: (760) 434-2949 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 City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. City Attorney Approved Version #04.01.02 Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 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 that the services 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. City Attorney Approved Version #04.01.02 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 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 City Attorney Approved Version #04.01.02 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement 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. City Attorney Approved Version #04.01.02 8 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. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: ^/Cify Manager or Mayor ATTEST: (sign here)A (print name/title) LORRAINE M. WOOD City Clerk ,Cf>tw (e-mail address) If required by City, proper notarial acknowledgment of execution by must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #04.01.02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of £/\d b / € SO On / ° /2> /c£<3Q<<> . before me. Date personally appeared @ • cJ^oc> ^ i^^U CannHilon » 1*6***? j Place Notary Seal Above }ss. /^7/JAl/l- M • T<3 <Uf~ /JOTH^V -pbi&tt^ Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) J^fjersonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j^fare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h+s#«r/their authorized capacity(ies), and that by 4H5/hentheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. /"M^ ^t^--/^ • / <r4<— Signature of Notary Public /-»|-«-I-I/-kAI A 1 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: 6 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: Individual D Corporate Officer — Title(s): C Partner — D Limited D General C Attorney in Fact D Trustee D Guardian or Conservator D Other: Sianer Is Representing: I,Number of Pages: f nTM5fBT?ilMi-i3Hi7n Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 AGREEMENT FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES (Ninyo & Moore Geotechnical and Environmental Engineering Services) EXHIBIT "A" SCOPE OF SERVICES 1.00 Definitions 1.01 CONTRACT ADMINISTRATOR: The Public Works Manager, General Services or his authorized representative. 1.02 CITY: The City of Carlsbad. 1.03 CONSULTANT: The Consultants responsible management individual or his authorized representative. 1.04 PROPOSAL: A fixed cost proposal prepared by the Consultant for work requested by the Contract Administrator. 1.05 TIME AND MATERIALS: Work performed by the Consultant on an agreed hourly price per negotiated fee schedule. 2.00 Negotiated Proposal and Acceptance 2.01 The CITY may award work to the CONSULTANT, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONSULTANT or on a TIME AND MATERIALS basis in accordance with Section 3.00. 2.02 Prior to performing any work, the CONSULTANT shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONSULTANT'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. City Attorney Approved Version #04.01.02 10 2.03 All work shall commence on the specified date established and CONSULTANT shall proceed diligently to complete said work within the time allotted. 3.00 Time and Materials 3.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONSULTANT'S proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONSULTANT to perform the work on a TIME AND MATERIALS Basis. Invoices for Work on a TIME AND MATERIALS basis are subject to the CONSULTANT'S negotiated fee schedule attached to this agreement. 3.02 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize the work to be performed upon receiving a verbal estimate from the CONSULTANT. However, within forty-eight (48) hours after receiving a verbal authorization, the CONSULTANT shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 3.03 Prior to performing any work, the CONSULTANT shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONSULTANT'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 3.04 All work shall commence on the specified date established and CONSULTANT shall proceed diligently to complete said work within the time allotted. 4.00 Payments and Invoices 4.01 The CONSULTANT shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONSULTANT under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that City Attorney Approved Version #04.01.02 11 applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 4.02 Monthly invoices shall be prepared and submitted in the following format: Invoice: Project Account Number Monthly Cost PROJECT A (Account Number) PROJECT B (Account Number) TOTAL MONTHLY COST $(AMOUNT) $(AMOUNT) $(AMOUNT) 4.03 Invoices for approved TIME AND MATERIALS Work shall be in a format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify the CONSULTANT'S billing. Invoices for Time and Materials work shall be submitted on separate invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete item of TIME AND MATERIALS work. City Attorney Approved Version #04.01.02 12 September 12,2006 Proposal No. P-7379 City of Carlsbad As-Needed Environmental Engineering Services EXHIBIT "A" SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Environmental Scientist/Geologist $ 148 Senior Engineer/Environmental Scientist/Geologist $ 141 Senior Project Engineer/Environmental Scientist/Geologist $ 137 Project Engineer/Environmental Scientist/Geologist $ 133 Senior Staff Engineer/Environmental Scientist/Geologist $ 118 Certified Asbestos Consultant $ 109 Staff Engineer/Environmental Scientist/Geologist $ 109 Certified Site Surveillance Technician $ 90 Lead Project Monitor $ 90 Technical lllustrator/CAD Operator $ 76 Data Processing and Reproduction $ 52 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES XRF Lead Analysis $ 250/day PID/FID Usage $ 120/day Air Sampling Cassettes $ 100 /case Level C Personal Protective Equipment (person/day [p/d]) $ 55 /day Air Sampling Pump Usage $ 45 /day Vehicle $ 15/day OTHER CHARGES Expert Witness Testimony $ 250/hr Asbestos Point Count Analysis (24-Hour TAT) $ 65 lea Asbestos Point Count Analysis (72-Hour TAT) $ 45 lea Asbestos Air Sample (TEM - 24-Hour TAT) $ 65 lea Asbestos Air Sample (TEM - 72-Hour TAT) $ 60 /ea Asbestos Air Sample (PCM - 24-Hour TAT) $ 11 /ea Asbestos Air Sample (PCM -72-Hour TAT) $ 9/ea PLM Bulk/Soil Analysis (24-Hour TAT) $ 11 /ea PLM Bulk/Soil Analysis (72-Hour TAT) $ 7 /ea TEM Bulk Analysis (24-Hour TAT) $ 80 /ea TEM Bulk Analysis (72-Hour TAT) $ 68/ea Lead Air, Dust Wipe, and Paint Chip Analysis (24-Hour TAT) $ 11 ea Other Direct Costs/Project Expenses Cost plus 15% Overtime rates will be charged at 1.5 times the normal hourly rate. INVOICES Invoices will be rendered monthly unless otherwise arranged, and are payable upon receipt. 5710 Puffin Road San Diego, California 92123 (858) 576-1000 Geotechnical and Environmental Sciences Consultants MooreM " r^Geotechnical and Environmental Sciences Consultants October 3, 2006 Mr. Dale A. Schuck Public Works Supervisor CITY OF CARLSBAD Public Works Department 405 Oak Avenue Carlsbad, California 92008-3009 Subject: Ninyo & Moore Contract Signature Authority Dear Mr. Schuck: I hereby certify that the following is a true excerpt from the Minutes of the Ninyo & Moore Board of Directors meeting held on June 24,1999: 15. Empowerment of Executive Officers: Many clients have requested letters of authorization prior to accepting the signatures of Principals on contractual documents. To clarify this situation, we hereby incorporate the following statement into the bylaws of the Corporation: RESOLVED, that the Corporation recognizes those employees appointed as Principals (including Division Managers) as Executive Officers of the Corporation, and empowers them to represent the Corporation in this legal capacity. Under this resolution, C. Wood Hays, Principal Environmental Manager in our San Diego Environmental Division, is empowered to bind the corporation. If you have any additional questions regarding this matter, please contact me at (858) 576-1000. Sincerely, NINYO & MOORE Margot A. Graves Assistant Secretary 5710 Ruffin Road • San Diego, California 92123 • Phone (858) 576-1000 • Fax (858) 576-9600 San Diego • Irvine • Ontario • Los Angeles • Oakland • Las Vegas • Carson City • Phoenix • Centennial