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Ninyo & Moore; 2009-10-07; PWENG708
PWENG708 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 KELLY DRIVE CHANNEL REPAIR PROJECT NO. 6606 fourth Project Task Description and Fee Allotment, is entered into on <sl\A ***•£•>> <^-Q/C> , pursuant to an Agreement between Ninyo and Mowe, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical engineering services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 6, 2010, ("proposal"), attached as Appendix "A" for the Kelly Drive Channel Repair, (the "Project"). The Project services shall include site observations, sampling, testing, and site visits. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer 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 six (6) months thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $3,400.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT Geotechnical Engineering TASK GROUP Site observations, sampling, testing, and site visits. TOTAL (Not-to-Exceed) LUMP SUM FEE $3,400.00 $3,400.00 Executed by Contractor this I -> day of. CONTRACTOR: NINYO& MOORE, INC., a California corporation (name of Contractor) By: (print name/title) W/li/6 (e-maiaddress) . aw (name of Contractor) (sign here) 2010. NINYO & MOORE, INC., a California corporation c r2.tr/w (print name/title) 7 ra.i><«3^ nvrm<ra QxiA moor«• i (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY pF-^ARLSB^Talnqnicipal corporation of the State of California Date: City^Engineer or Authorized Signatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #07.24.02 EXHIBIT A Sherri Howard From: Stephan Beck [sbeck@ninyoandmoore.com] Sent: Thursday, July 08, 2010 12:48 PM To: Sherri Howard Cc: Frank Moreland Subject: Kelly Drive Drainage Channel Sherri: Our scope and fee to collect three surface water samples from the Kelly Drive drainage channel repair project site and have them analyzed are presented below. The analytical methods will follow those contained in the dry weather analysis tables that you sent earlier today. I've assumed that we will send you the analytical results with a brief cover letter, but no report. I've also assumed a couple hours for up-front, pre-field work and initial questions that you may have once you've reviewed the analytical results. We are prepared to collect the samples this afternoon. Based on our understanding of the project, we propose the following scope of services: Reviewing background information and up-front project coordination and recommendations. Collection and analysis of three surface water samples and having them analyzed for the following on a normal turnaround time (5 to 7 work days): Oil and Grease Total hardness Dissolved As, Cd, Cu, Pb, and Zn Diazanon and chlorpyrifos MBAS (surfactants) Nitrate Ammonia, and Ortho-phosphate Submit the analytical reports to you w/a cover letter, no report. Our fees for the services described above will be approximately $3,400 and will be invoiced on a time and materials basis in accordance with our Contract Fee Schedule. If this scope and fee meets with your approval, please send us your fee allotment authorizing us to proceed. If you need something more formal, let me know and I can prepare a proposal. Stephan A. Beck, P.G. 4375 Manager of Environmental Sciences Ninyo & Moore Geotechnical & Environmental Sciences Consultants 571 ORuffin Road San Diego, California 92123 (858) 576-1000 (x1263} (858) 576-9600 (Fax) (858) 204-2860 (Cell) sbeck@ninvoandmoore.com Experience • Quality • Commitment PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 CARRILLO WAY SLOPE EVALUATION Description and Fee Allotment, is entered into on d??# , pursuant to an Agreement between Ninyo ia corporation, ("Contractor") and the City of Carlsbad, ("City") dated ment"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical engineering services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 12, 2010, ("proposal"), attached as Appendix "A" for Carrillo Way Slope Evaluation, (the "Project"). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer 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 six (6) months thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials spent in each billing period. 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 throuqh the mechanism of a separate Proiect Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $1,218. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT CARRILLO WAY SLOPE EVALUATION Executed by Contractor this day of , 2010. TASK GROUP Geotechnical Services as outlined in Appendix A TOTAL (Not-to-Exceed) CONTRACTOR: LUMP SUM FEE $1,218.00 $1,218.00 NlNYO & MOORE, INC., NlNYO & MOORE, INC., a California corporation a California corporation (name of Contractor) Auum Nih3 / fi~~i&, t'HFmh0 A. G Mwt5 (print nameltitle)' (print nameltitle) / u;v\-c a ninwA moove . Cowl hnra ~tc @ )~JT,YP~L~~ /nw,-e . (e-mail gd$ress) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California 'Cc By: 3~f \ * A,, b City Engineer orguthorized signatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Date: Deputy City ~ttordby City Attorney Approved Version #07.24.02 Appendix "A" January 12,2010 Project No. 10522501 1 Mr. Jon Schauble City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Fee Estimate for Periodic Inclinometer Readings Carrillo Way Near Rancho Cortes Carlsbad, California Dear Mr. Schauble: In response to your request, we have prepared this fee estimate for the performance of four periodic readings from the inclinometer that was installed within Canillo Way near Rancho Cortes in Carls- bad, California. Our services for this project will be billed on a time and materials basis. If services are requested that are beyond the scope presented above, they will be invoiced on a time and ma- terials basis in accordance with the rates of our current agreement. A breakdown of our services and the associated fee is presented in the following table. The presented fee is based upon the rates incorporated into our current Master Services Agreement with the City of Carlsbad. Table 1 - Fee Breakdown to Perform Four Periodic Inclinometer Readings Personnel Hours - Rate Cost - Senior Project Engineer 2 $1 37lhour $274 Senior Staff ~n~ineer/~eolo~ist 8 $1 181hour $944 Total Fee $1,218 This scope of work and fee does not include the fees associated with the abandonment of the incli- nometer. We appreciate the opportunity to provide this fee estimate and look forward to continuing our relationship with the City of Carlsbad. Respectfully submitted, NlNYO & MOORE &g T/& effrey T. Kent, P.E., G.E. senior Project Engineer ~in'ethan ~oodmacher, C.E.G 2136 Man$ger/Principal Geologist 57 10 Ruffin Road San Dlego, Califomla 92 123 Phone (858) 576- 1000 - Fax (8%) 576-9600 San Dtego - lrvrne Rancho Cucamonga 10s Angeles Oakland = LasVegas = Phoenix Denver = El Paso PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 KELLY DRIVE CHANNEL REPAIR PROJECT NO. 6606 second Project Task Description and Fee Allotment, is entered into on d&/ / ~22'1 Zd/fl , pursuant to an Agreement between Ninyo oore: a daliforhia corporation, ("Contractor") and the City of Carlsbad, ("City") dated , 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical engineering services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 6, 2010, ("proposal"), attached as Appendix "A" for the Kelly Drive Channel Repair, (the "Project"). The Project services shall include reviewing plans, providing recommendations, site observations, letter report and site visits. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer 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 six (6) months thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A. Additional task groups, not shown in Table 1 or Appendix "A, will be performed by the Contractor only upon authorization of the City throu~h the mechanism of a separate Proiect Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,000.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT Geotechnical Engineering Executed by Contractor this day of , 2010. TASK GROUP Review background information, perform geologic reconnaissance of site, plan review, recommendations and site visits. TOTAL (Not-to-Exceed) CONTRACTOR: LUMP SUM FEE $5,000.00 $5,000.00 NINYO & MOORE, INC., NINYO & MOORE, INC., a California corporation a California corporation (name of Contractor) ,, (name of Contractor) By: By: ~/mm DI.A $0, P1r4s/~d/g + (print nameltitle) (print nameltitle) ,. ~I~P-~@AI an AMOO JP. hnpb~ rsm 1?10~0~nd ~WPL (e-mail hddTess) (e-mail addres If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California BY: LL-S 73 kA+-,cy\ rl~ Date: City Engineer c# Authorized qgnatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: City Attorney Approved Version #07.24.02 Sherri Howard EXHIBIT A From: Sent: To: Subject: Frank Moreland [fmoreland@ninyoandmoore.com] Wednesday, January 06,2010 8:59 AM Sherri Howard Kelly Drive Drainage Channel Hi Sherri, As requested, our scope and fee to review the plans for the Kelly Drive drainage channel repair are presented below. I have included time for a background review, site recon, plan and spec review, and meeting attendance. Based on our understanding of the project, we propose the following scope of services: Reviewing background information including available geotechnical reports, geologic maps, and stereoscopic aerial photographs. Performing a geologic reconnaissance of the site. Performing a review of plans and specifications for the project for constructability with regard to geotechnical conditions. Compiling and analyzing the data obtained Preparing a letter to provide conclusions and geotechnical recommendations mitigating the observed distress. Attending project meetings (two meetings assumed). Our fees for the services described for the project will be invoiced on a time and materials basis in accordance with our Contract Fee Schedule. Our fee to perform the geotechnical evaluation outlined above will be approximately $5,000 (Five Thousand Dollars). If this scope and fee meets with your approval, please send us your fee allotment authorizing us to proceed If you need something more formal, let me know and I can prepare a proposal Thanks Frank Frank 0. Moreland, P.G., C.E.G. Senior Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, California 92123 (858) 576-1 000 (XI 225) (858) 576-9600 (Fax) fmoreland@ninvoandmoore.com Experience . Quality Commitment PROJECT TASK DESCRIPTION AND FEE ALLOTMENT PROJECT NO. 3837 t Task Description and Fee Allotment, is entered into on f~ -2'//&' , pursuant to an Agreement between Ninyo ~alifrfrnia corporation, ("Contractor") and the City of Carlsbad, ("City") dated - , (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated October 20, 2009, ("proposal1'), attached as Exhibit "A" for the Alga Norte Community Park Mass Grading, (the "Project"). The Project services shall include geotechnical observation and testing services for the duration of the project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by December 5, 2010. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on Contractor's Schedule of Fees specified in Exhibit "A". Exhibit "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 Exhibit "A. Additional task groups, not shown in Table 1 or Exhibit "A", will be performed by the Contractor onlvupon authorization of the Citv through the mechanism of a separate Proiect Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Exhibit 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 not to exceed $77,042. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT GEOTECHNICAL SERVICES Executed by Contractor this 17th day of December ,200 9 . TASK GROUP Mass Grading Observation and Testing Storm Drain Faciliteis Backfill Observation and Testing Project Management and Report Preparation TOTAL (Not-to-Exceed) CONTRACTOR LUMP SUM FEE $58,288 $1 5,192 $3,562 $77,042 NlNYO & MOORE, INC., NlNYO & MOORE, INC., a California corporation a California corporation (name of Contractor) (name of Contractor) By: Avram Ninyo/President Margot A. Graves/Assistant Secretary (print nameltitle) (print nameltitle) (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California lCL^+T-> & By: 1s~ b City Engineer d P APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney \ Date: I/s//" City Attorney Approved Version #07.24.02 EXHIBIT "A" ---- 8 :I - ;>Ai\~~--':<~yj~-:~~I ?ze.z~ - Gr~tritin,c'ii and Environnientai Sc.ences Consultants Mr. Bill Plummer City of Carlsbad ENGINEERING DEPARTMENT October 20, 2009 Proposal No. P-8582 ~ngineering and Public Works 1635 Faraday Avenue Carlsbad. California 92008 Subject: Proposal for Geotechnical Observation and Testing Services Alga Norte Community Park, Mass Grading and Storm Drain Installations Poinsettia Lane and Alicante Road Carlsbad, California Dear Mr. Plummer: We are pleased to present this proposal to provide geotechnical observation and testing ser- vices during the grading for the proposed community park. The project will consist of the remedial and sheet grading, and installation of storm drain utilities and inleffoutlet structures. Construction of a swimming pool complex, a skate park, a walking path area, a ballpark com- plex, offices, restrooms, support buildings, and asphalt pavement parking areas are proposed as part of a separate phase. This proposal is based on our review of project civil plans and specifications supplied to us and an assumed schedule of 12 weeks for mass grading and 8 weeks for drainage device installation. Earthwork operations will include a removal and recompaction of existing alluvial deposits to generate compacted fill mats below the proposed structural improvements. Select fill materials will need to be placed beneath structural improvements. Cut slopes up to approximately 25 feet high will be created in site materials generating fill materials for raising grades for proposed parking areas. Included in this mass grading package is the installation of underground storm drain pipelines up to 48-inch diameter and manholes up to approximately 15 feet deep, as well as reinforced concrete inletloutlet drainage structures and the rebuilding of a riprap lined slope. SCOPE OF SERVICES We will provide geotechnical observation and testing services for the duration of the project. We propose to provide our field technician on a full time basis during mass grading activities, and on 57 10 Ruffin Road San D~eqo, Cai~fornia 92 1 23 - Phone 135%) 5iil-1 Of70 = Fax 1858) ,576-1600 :,an 131ego . lrr/~nr 12a:;cho Cl~ismoliga , Ci15 inc;eies Gaklal-(6 . Ibi 'J?ga: a Phct.r:lx Denber a ti Paso . T~.icso!: poinsettia Lane and Alicante Road Carflsbad, California October 20, 2009 Proposal No. P-8582 an on-call basis during sheet grading and storm drain facility construction. Our engineering and geology staff will be available on an as-needed basis. We anticipate our scope of services for this project to include the following: Attendance at the pre-construction meeting to discuss the project geotechnical requirements. Perform continuous field observation and in-place density testing by our representative dur- ing earthwork operations. Our field technician will prepare a daily report documenting the earthwork activities and the results of the field testing. Perform as-needed geologiclengineering field services to evaluate the suitability of tempo- rary cuts, cut slope exposures, and removal bottoms. Perform on-call field observation and in-place density testing during sheet grading, manhole backfill and trench backfill. Laboratory testing of the materials used for fill and backfill. The tests performed are antici- pated to include Proctor densityloptimum moisture content with rock corrections, expansion potential, sieve analysis, R-value, and sulfate and chloride testing. Perform measurement and sampling at the site during placement of the structural concrete. Our ACI technician will sample the fresh material and measure its temperature, and slump, as well as cast one set of four concrete cylinders for every 150 cubic yards placed, or frac- tion thereof, during a day's placement. Laboratory testing of compressive strength of concrete samples. Project management and consultation as needed including review of material submittals, re- sponse to RFl's, and preparation of letter reports summarizing our observations and testing. FEE ESTIMATE The geotechnical services will be provided on a time-and-expense basis accrued in accordance with the attached Schedule of Fees. For planning purposes, we estimate our fee for our services described herein will be approximately $77,000 (Seventy-Seven Thousand Dollars). A breakdown of this fee is presented in Table 1. These estimated costs are based on our assumptions of the anticipated services and does not include stand-by time or costs associated with retesting or reinspecting materials that were found not to be in compliance with the project plans or specifications. Our services will depend on the construction schedule and the contractor's operations. It should be noted that the per- formance of the subcontractors can substantially effect the duration of our services. Requested engineering, special inspection, and field and laboratory testing not within the specified scope of P-8582 doc Poi nsettia Lane and Alicante Road Carlsbad, California October 20, 2009 Proposal No. P-8582 services or in excess of those presented in Table I will be provided, based on time and materi- als, in accordance with the attached fee schedule. We look forward to working with you on this project. If you are in agreement with this proposal, please forward your contract documents. Respectfully submitted, NlNYO & MOORE Emil ~idol~h. P.E.~G.E. Senior Engineer Attachments: Schedule of Fees Table 1 - Estimated Fee Breakdown Distribution: (1) Addressee P-0582 doc Kenneth H. Mansir, Jr., P.E., Director of Construction Services Poinsettia Lane and Alicante Road Carlsbad, California October 20, 2009 Proposal No. P-8582 TABLE 1 - ESTIMATED FEE BREAKDOWN MASS GRADING OBSERVATION AND TESTING Principal EngineerlGeologist 16 hours @ $ 148.00 /hour $ 2,368.00 Project Engineer/Geologist 40 hours @ $ 133.00 /hour $ 5,320.00 Senior Field Technician 540 hours @ $ 85.00 /hour $ 45,900.00 Proctor Density - D 1557 & D 698 8 tests @ $ 180.00 /test $ 1,440.00 Specific Gravity, D 854 2 tests @ $ 90.00 /test $ 180.00 Sieve A nalysis, D 422, CT 202 2 tests @ $ 110.00 /test $ 220.00 Expans ion Index - D 4829, UBC 18-2 8 tests @ $ 165.00 /test $ 1,320.00 R-Value, D 2844, CT 301 4 tests @ $ 250.00 /test $ 1,000.00 Chloride and Sulfate Content, CT 417 & CT 422 4 tests @ $ 135.00 /test $ 540.00 Subtotal $ 58,288.00 . STORM DRAIN FACILITIES BACKFILL OBSERVATION AND TESTING Supervisory Technician 8 hours @ $ 89.00 /hour $ 712.00 FieldlACI Concrete Technician 160 hours @ $ 85.00 /hour $ 13,600.00 Compression Tests, 6x12 Cylinder, C 39 40 tests @ $ 22.00 /test $ 880.00 Subtotal $ 15,192.00 PROJECT MANAGEMENT AND REPORT PREPARATION Principal EngineerIGeologist 4 hours @ $ 148.00 /hour $ 592.00 Project EngineerIGeologist 12 hours @ $ 133.00 /hour $ 1,596.00 GIs Analyst 6 hours @ $ 109.00 /hour $ 654.00 Geotec hnical/Environmental/Assistant 12 hours @ $ 60.00 /hour $ 720.00 Subtotal $ 3,562.00 TOTAL ESTIMATED FEE $ 77,042.00 Poinsettia Lane and Alicante Road Carlsbad. California October 20. 2009 Proposal No . P-8582 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test. Test Designation. and Price Per Test Soils - Concrete Atte-rg Limls . D 4318, CT 204 ............................................. $ 145 Cement Analysis Chemical and Physical . C 109 ............................... $ 1 . 650 Calii~rnia Bearing Ratio (CBR), D 1883 ......................... ..... $ 440 Compression Tests, 6x12 Cylinder . C 39 ....................................... $ 22 ChlorSde and Sulfate Content. CT 417 & CT 422 ..................... $ 135 Concrete Mix Design Review. Job Spec ................. ... .................... $ 140 Consalidation. D 2435. CT 219 .............................................. $ 275 Concrete Mix Design. per Trial Batch. 6 cylinder. ACI ........................ $ 750 Consdidation - Time Rate . D 2435 . CT 219 ......................... $ 70 Concrete Cores . Compression (excludes sampling). C 42 ................ $ 55 Dired Shear - RemoMed . D 3080 ...................... .. ............... $ 290 Drying Shrinkage . C 157 .................................................................... $ 250 Direcishear - Undisturbed . D 3080 .............................. .. ..... $ 250 Flexural Test . C 78 ................... .. .................................................. $ 50 DuraDility Index. CT 229 ................ .. .................................. $ 150 Flexural Test. C 293 ......................................................................... $ 55 Expansion Index. D 4829. UBC 18-2 ........................ .... .... $ 165 Flexural Test. CT 523 ..................................................................... $ 60 Expansion Potential (Method A) . D 4546 ................................ $ 145 GuniteIShotcrete. Panels. 3 cut cores per panel and test . ACI ......... $ 250 Expansive Pressure (Method C). D 4546 ................................ $ 145 Jobsite Testing Laboratory ............................................................... Quote Geofabric Tensile and Elongation Test . D 4632 ....................... $ 165 Lightweight Concrete Fill. Compression. C 495 ............................... $ 40 I-lydraulic Conductivity. D 5084 ................................................. $ 300 Petrographic Analysis . C 856 .......................................................... $ 1 . 100 Hydrometer Analysis. D 422. CT 203 ..................................... $ 190 Splitting Tensile Strength. C 496 ....................................................... $ 80 Moisture. Ash . &Organic Matter of PeaVOrganic Soils ............ $ 110 Moisture Only. D 2216. CT 226 ........................... ......... .......... $ 30 Moisture and Density. D 2937 ................................................ $ 39 .......................................... Pemeability. CH. D 2434. CT 220 $ 230 Reinforcinq and Structural Steel ............................................... ........................................................ pH and Resistivity. CT 643 $ 140 Fireproofing Densty Test. UBC 76 $ 55 ................ ........... ProcEor Density D 1557. D 698. CT 216. & ............................ $ 180 Hardness Test. Rockwell. A-370 ....... $ 50 . ............... AASHTO T-180 (Rock corrections add $80) High Strength Bolt. Nut &Washer Conformance. set A-32 $120 .......................................................... R-value. D 2844. CT 301 $ 250 Mechanically Spliced Reinforcing Tensile Test . ACI ........................ $95 . ................................................... ............................................ Sad Equivalent. D 2419. CT 217 $ 90 Prestress Strand (7 wire) A 416 $140 .......................................................... Sieve Analysis. D 422. CT 202 ............................................. $ 110 Chemical Analysis. A-36. A615 $120 ................ ............................. . Sieve Analysis. 200 Wash. D 1140. CT 202 $ 90 Reinforcing Tensile or Bend up to No 11. A 615 8 A 706 $50 . ........................................................... Spdc Gravity. D 854 $ 90 Structural Steel Tensile Test: Up to 200.000 Ibs . ................................................................... Triaxial Shear. C.D. D 4767. T 297 ......................................... $ 390 (machining extra) A 370 $70 ................. . . Triaxial Shear. C.U.. wlpore pressure. D 4767 . T 2297 per pt $ 330 Welded Reinforcing Tensile Test: Up to No 11 bars. ACI $55 TriaxSal Shear. C.U., w/o pore pressure. D 4767. T 2297 per pt .. $ 190 Triaxial Shear. U.U.. D 2850 ................................................... $ 140 Asphalt Concrete ........................... ....................... . Unconfined Compression. D 2166. T 208 ................... ............. $ 100 Asphalt Mix Design. Caltrans ... $2 200 Wax Density. D 11 88 ................................................................. $ 90 Asphalt Mi Design Review. Job Spec ............................. .. ....... $150 Extracfion. % Asphalt. including Gradation. D 2172. CT 31 0 ............. $215 Roofing Film Stripping . CT 302 ........................................................................ $100 ................. . ............................... Built-up Roofing. cut-out samples. D 2829 $ 165 Hveem Stability and Unit Weight CTM or ASTM CT 366 $195 . . ................................ . ..................................... Roofing Materials Analysis D 2829 $ 500 Marshal Stability Flow and Unit Weight T-245 $215 Roofing Tile Absorption. (set of 5). UBC 155 ........................... $ 190 Maximum Theoretical Unl Weight. D 2041 ........................ ...... $120 . ...................... Roofing Tile Strength Test. (set of 5) UBC 155 $ 190 Swell. CT 305 ............................. .. ............................................. $165 Unit Weight sample or core . D 2726. CT 308 ................ .. ................ $90 Masonry Brick Absorption. 24-hour submersion. C 67 ............................ $ 45 Aqqre~lates ..... ............................ .................................................................. Brick Absorption. Shour boiling. C 67 .. $ 55 Absorption. Coarse. C 127 $35 .................................................... Brick Absorption. 7day . C 67 $ 60 Absorption. Fine. C 128 ....................................................................... $35 Brick Compression Test. C 67 .............................................. $ 45 Clay Lumps and Friable Partides. C 142 ............................................ $100 Brick EfRorescence. C 67 ........................................................ $ 45 Cleanness Value. CT 227 ................................................................. $120 ..................................... ..... Brick Modulus of Rupture. C 67 ... $ 40 Crushed Particles . CT 205 .......................................................... $140 . . .................................................................. Brick Moisture as received . C 67 ....................... .. ................ $ 35 Durability Coarse CT 229 $130 . Brick Saturation Coefficient. C 67 ............................................. $ 50 Durability . Fine CT 229 ...................................................................... $130 Concrete Block compression Test. 8x8~16. C 140 .................. $ 60 Los Angeles Abrasion. C 131 or C 535 ............................................. $180 ............................. ...................... Concrete Block Conformance Package. C 90 $ 440 Mortar making properties of fine aggregate. C 87 $275 . ................................. Concrete Block Linear Shrinkage. C 426 $ 120 Organic Impurities C 40 ........................ ... .............................. $55 ............ Concrete Block Unit Weight and Absorption. C 140 ................. $ 55 Potential Reactivity of Aggregate (Chemical Method). C 289 $390 . ............................................................... ........................ Cores . Compression or Shear Bond. CA Code $ 55 Sand Equivalent CT 217 $90 . . Masonry Grout . 3x36 prism compression. UBC 21-18 ........... $ 30 Sieve Analysis Coarse Aggregate C 136 ........................ .. ............. $105 Masonry Mortar . 2x4 cylinder compression . UBC 21-16 .......... $ 30 Sieve Analysis . Fine Aggregate (including wash) . C 136 ................... $105 Masonry Prism. half size. compression . UBC 21-17 ................ $ 110 Sodium Sulfate Soundness (per size fraction). C 88 .......................... $160 Specific Gravity. Coarse. C 127 .......................................................... $75 Spedfic Gravty . Fine . C 128 ............................................................... $85 Special preparation of standard test specimens will be charged at the technician's houdy rate . Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures . PoSnsettia Lane and Alicante Road Ca rlsbad. California October 20. 2009 Proposal No . P-8582 SCHEDULE OF FEES 40 URLY CHARGES FOR PERSONNEL ......................................................................................... Principal EngineerlGeologisffEnvironmental Scientist $ 148 ............................................................................................. Senior EngineerIGeologisffEnvironmental Scientist $ 141 ............................................................................... Senior Project Engineer/Geologisff Environmental Scientist $ 137 ............................................................................................ Project EngineerlGeologist/Environmental Scientist $ 133 Certified Asbestos Consultant ............................................................................................................................... $ 120 ..................................................................................... Senior Staff EngineerlGeologisffEnvironmental Scientist $ 1 18 Staff Engineer/Geologist/Environmental Scientist ................................................................................................ $ 109 GIs Analyst ............................................................................................................................................................ $ 109 Nondestructive Examination Technician, UT, MT, LP* ......................................................................................... $ 98 ..................................................................................................................................... Field Operations Manager $ 95 Supervisory Technician* ........................................................................................................................................ $ 89 Pull Test Technician and Equipment* ................................................................................................................. $ 85 Senior FieldILaboratory Technician* ................................................................................................................. $ 85 FieldlLaboratory Technician* ................................................................................................................................ $ 85 ACI Concrete Technician* ..................................................................................................................................... $ 85 ConcretelAsphalt Batch Plant Inspector* .............................................................................................................. $ 85 Special Inspector, Reinforced Concrete* .............................................................................................................. $ 85 Special Inspector, Pre-stressed Concrete* ........................................................................................................... $ 85 Special Inspector, Reinforced Masonry* ............................................................................................................... $ 85 Special Inspector, Structural Steel* ...................................................................................................................... $ 85 Special Inspector, Welding, AWS* ....................................................................................................................... $ 85 Special Inspector . Fireproofing* ............................................................................................................................ $ 85 Technical Illustrator/CAD Operator ....................................................................................................................... $ 75 GeotechnicalIEnvironmentallLaboratoty Assistant ............................................................................................... $ 60 Information Specialist ............................................................................................................................................ $ 55 Data Processing, Technical Editing, or Reproduction .......................................................................................... $ 50 OTHER CHARGES Expert Witness Testimony ........................................................................................................................... $ 300 hr ................................................................................ Concrete Coring Equipment (includes one technician) $ 145 hr Nuclear Density Gauge Usage ...................................................................................................................... $ 9 1hr Field Vehicle Usage ....................................................................................................................................... $ 8 Ihr Direct Project Expenses ........................................................................................................................... Cost plus 10 % La boratoty 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 2009 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 . P-8582 doc PWENG708 MASTER AGREEMENT FOR PROFESSIONAL GEOTECHNICAL ENGINEERING SERVICES (NINYO & MOORE) HIS AGREEMENT is made and entered into as of the "7 _ day of 2009, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and NINYO & MOORE, 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. Selection of Contractor is expected to achieve the desired results in an expedited fashion. E. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1- SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years starting December 6, 2009. City Attorney Approved Version #04/03/02 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 4 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Public Works Director or Deputy City Engineer, as his designee. The Public Works Director or Deputy City Engineer, as his designee 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. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred thousand dollars ($100,000) per Agreement year. The total amount of the Agreement shall not exceed three hundred thousand dollars ($300,000) for the complete Agreement term. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager, or Public Works Director, as his designee, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. City Attorney Approved Version #04/03/02 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 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. City Attorney Approved Version #04/03/02 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. 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. City Attorney Approved Version #04/03/02 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name William Plummer Title Deputy City Engineer Dept Public Works - Design Division CITY OF CARLSBAD Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. (760) 602-2768 For Contractor: Name Title Mark Cuthbert, PE Principal Engineer NINYO & MOORE Address 5710 Ruffin Road San Diego, CA92123 Phone No. (858)576-1000 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. City Attorney Approved Version #04/03/02 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. 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. 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. 6 City Attorney Approved Version #04/03/02 Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version #04/03/02 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 #04/03/02 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 day of _, 200*? . CONTRACTOR: NINYO & MOORE, a California corporatio CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) (print name/title) ATTEST: (e-mail address) (signTiere)L0RRA iity Cl M. WOOD (print name/title) (e-mail address) (Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, document must be signed by one from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #04/03/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On AtAG . Date personally appeared before me,Tt Here Insert 'Name and Title of the Officer /I. Name(s) of Slgner(s) f I DAVID J. BINNS CommlMlon # 1 759430 Notary Public - California i San Diego County * C Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in bts/her/their authorized capacity(ies), and that by hJe/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 han Signature Signature of Notary Public OPTIONAL 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*.-^ Q-C Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual ID Corporate Officer — Title(s): D Partner — D Limited CD General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402- Ctiatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Reel-600-876-6827 I I i EXHIBIT "A" May 8,2009 Proposal No. P-8386 City of Carlsbad Qualifications to Provide Master Agreement Consulting Services Civil Engineering - Geotechnical SECTIONS RATE SCHEDULE HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist $ 148 Senior Engineer/Geologist/Environmental Scientist $ 141 Senior Project Engineer/Geologist/Environmental Scientist $ 137 Project Engineer/Geologist/Environmental Scientist $ 133 Senior Staff Engineer/Geologist/Environmental Scientist $ 118 Staff Engineer/Geologist/Environmental Scientist $ 109 Certified Asbestos Consultant $ 120 GIS Analyst $ 109 CSSTVLIA2/LPM3 $ 100 Nondestructive Examination Technician, UT, MT, LP* $ 98 Field Operations Manager $ 95 Supervisory Technician* $ 89 Pull Test Technician and Equipment* $ 85 Senior Field/Laboratory Technician* $ 85 Field/Laboratory Technician* $ 85 ACI Concrete Technician* $ 85 Concrete/Asphalt Batch Plant Inspector* $ 85 Special Inspector, Reinforced Concrete* $ 85 Special Inspector, Pre-stressed Concrete* $ 85 Special Inspector, Reinforced Masonry* $ 85 Special Inspector, Structural Steel* $ 85 Special Inspector, Welding, AWS* $ 85 Special Inspector, Fireproofing* $ 85 Technical lllustrator/CAD Operator $ 75 Geotechnical/Environmental/Laboratory Assistant $ 60 Information Specialist $ 55 Data Processing, Technical Editing, or Reproduction $ 50 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 $ J* 45/day OTHER CHARGES Expert Witness Testimony $ 300/hr Concrete Coring Equipment (includes one technician) $ 145 /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 $ g/hr Field Vehicle Usage $ 8/hr Asbestos Point Count Analysis (24-Hour TAT) $ 65/ea Asbestos Point Count Analysis (72-Hour TAT) $ 45/ea 15 I I I I I I ^^» I pp May 8,2009 Proposal No. P-8386 City of Carlsbad Qualifications to Provide Master Agreement Consulting Services Civil Engineering - Geotechnical .* Asbestos Air Sample (TEM - 24-Hour TAT) Asbestos Air Sample (TEM - 72-Hour TAT) Asbestos Air Sample (PCM-24-Hour TAT) Asbestos Air Sample (PCM - 72-Hour TAT) PLM Bulk/Soil Analysis (24-Hour TAT) PLM Bulk/Soil Analysis (72-Hour TAT) TEM Bulk Analysis (24-Hour TAT) TEM Bulk Analysis (72-Hour TAT) Lead Air, Dust Wipe, and Paint Chip Analysis (24-Hour TAT) Direct Project Expenses Laboratory testing, geophysical equipment, and other special equipment provided upon request. Overtime rates will be charged at 1.5 times the normal hourly rate. ,. $ 65/ea ,. $ 60/ea . $ 12/ea ,. $ 10/ea ,. $ 12/ea . $ 7.50/ea . $ 85/ea . $ 71 lea . $ 12ea Cost plus 10% 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 construction hours and all day on Satur- days. 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 16 tyinyo I I May 8,2009 Proposal No. P-8386 City of Carlsbad Qualifications to Provide Master Agreement Consulting Services Civil Engineering - Geotechnical I I I I I I I I I I I I I I I I I SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Attetberg Limits, D 4318, CT 204 $ 145 California Bearing Ratio (CBR), D1883 $ 440 Chloride and Sulfate Content, CT 417 & CT 422 $ 135 Consolidation, D 2435, CT219 $ 275 Consolidation-Time Rate, D 2435, CT 219 $ 70 Direct Shear- Remolded, D 3080 $ 290 Direct Shear- Undisturbed, D 3080 $ 250 Durability Index, CT 229 $ 150 Expansion Index, D 4829, UBC 18-2 $ 165 Expansion Potential (Method A), D 4546 $ 145 Expansive Pressure (Method C), D 4546 $ 145 Geofabric Tensile and Elongation Test, D 4632 $ 165 Hydraulic Conductivity, D 5084 $ 300 Hydrometer Analysis, D 422, CT 203 $ 190 Moisture, Ash, & Organic Matter of Peat/Organic Soils $ 110 Moisture Only, D 2216, CT 226 $ 30 Moisture and Density, D 2937 $ 39 Permeability, CH, D 2434, CT 220 $ 230 pH and Resistivity, CT 643 $ 140 Proctor Density D 1557, D 698, CT 216, & $ 180 AASHTO T-180 (Rock corrections add $80) R-value, D 2844, CT 301 $ 250 Sand Equivalent, D 2419, CT 217 $ 90 Sieve Analysis, D 422, CT202 $ 110 Sieve Analysis, 200 Wash, D 1140, CT202 $ 90 Specific Gravity, D 854 $ 90 Triaxial Shear, C.D, D 4767, T 297 $ 390 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt. .$ 330 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt. ..$ 190 Triaxial Shear, U.U., D 2850 $ 140 Unconfined Compression, D 2166, T 208 $ 100 Wax Density, D 1188 $ 90 Roofing Built-up Roofing, cut-out samples, D 2829 $ 165 Roofing Materials Analysis, D 2829 $ 500 Roofing Tile Absorption, (set of 5), UBC 15-5 $ 190 Roofing Tile Strength Test, (set of 5), UBC 15-5 $ 190 Masonry Brick Absorption, 24-hour submersion, C67 $ 45 Brick Absorption, 5-hour boiling, C 67 $ 55 Brick Absorption, 7-day, C 67 $ 60 Brick Compression Test, C 67 $ 45 Brick Efflorescence, C 67 $ 45 Brick Modulus of Rupture, C 67 $ 40 Brick Moisture as received, C 67 $ 35 Brick Saturation Coefficient, C 67 $ 50 Concrete Block Compression Test, 8x8x16, C 140 $ 60 Concrete Block Conformance Package, C 90 $ 440 Concrete Block Linear Shrinkage, C 426 $ 120 Concrete Block Unit Weight and Absorption, C 140 $ 55 Cores, Compression or Shear Bond, CA Code $ 55 Masonry Grout, 3x3x6 prism compression, UBC 21-18 $ 30 Masonry Mortar, 2x4 cylinder compression, UBC 21-16 $ 30 Masonry Prism, half size, compression, UBC 21-17 $ 110 Concrete Cement Analysis Chemical and Physical, C 109 Compression Tests, 6x12 Cylinder, C 39 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.... ..$ 1,650 ..$ 22 ..$ 140 ..$ 750 ..$ 55 ..$ 250 ..$ 50 ..$ 55 ..$ 60 ..$ 250 .. Quote ..$ 40 ..$ 1,100 ..$ 80 ..$ 55 ..$ 50 ..$ 120 ..$ 95 ..$ 140 ..$ 120 ..$ 50 ..$ 70 ..$ 55 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 ..$ 2,200 ..$ 150 ..$ 215 ..$ 100 ..$ 195 ..$ 215 ..$ 120 ..$ 165 ..$ 90 Aggregates Absorption, Coarse, C 127 Absorption, Fine, C 128 Clay Lumps and Friable Particles, C 142 Cleanness Value, CT 227 Crushed Particles, CT 205 Durability, Coarse, CT 229 Durability, Fine, CT 229 Los Angeles Abrasion, C 131 or C 535 .-:*.. Mortar making properties of fine aggregate, C 87 Organic Impurities, C 40 Potential Reactivity of Aggregate (Chemical Method), C 289. Sand Equivalent, CT 217 Sieve Analysis, Coarse Aggregate, C 136 Sieve Analysis, Fine Aggregate (including wash), C 136 Sodium Sulfate Soundness (per size fraction), C 88 Specific Gravity, Coarse, C 127 Specific Gravity, Fine, C 128 ..$ 35 ..$ 35 ..$ 100 ..$ 120 ..$ 140 ..$ 130 ..$ 130 ..$ 180 ..$ 275 ..$ 55 ..$ 390 ..$ 90 ..$ 105 ..$ 105 ..$ 160 ..$ 75 ..$ 85 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. 17