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Home My WebLink AboutNINYO AND MOORE; 2012-11-28; CA916PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 10 PROJECT NO. 4020 This and Fee Allotment, is entered into on __ _....~.......,.___,.-L--"""---1--Ifi,l<""""'---&---"""<------' pursuant to an Agreement between Ninyo & Moore, a Calif nia corpo tion, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical administrative 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 proposed scope of work, attached as Appendix "A" for the Cole Library Renovation Project, (the "Project"). The Project services shall include letter preparation confirming design compliance for the Cole Library. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within seven (7) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $600. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT COLE LIBRARY RENOVATION PROJECT TASK GROUP LUMP SUM FEE Letter preparation to AHJ (authority havinq jurisdiction) $600.00 TOTAL (Not-to-Exceed) $600.00 Executed by Contractor this ____ day of-------------' 2015. CONTRACTOR NINYO AND MOORE, a California corporation (name of Contractor) By~gn~~ Avram Ninyo I President (print name/title) NINYO AND MOORE, a California corporation (name of Contractor) By: c;y~~ dz. ~ (sign here) Elaine 0. Autus I Assistant Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal em powering the officer(s) signing to bind the corporation. LSBAD, a munici I corporation of the State of California By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 Appendix "A" TASK# TASK GROUP LUMP SUM FEE 1 Prepare letter to AHJ (authority having jurisdiction) confirming the $600.00 Letter design for the Cole Library Renovation project is compliant with Preparation the geotechnical investigation performed in December 2014 against Task #8. TOTAL (Not-to-Exceed) $600.00 City Attorney Approved Version 1/30/13 3 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.9 PROJECT NO. 5529 CA916 This Description and Fee Allotment, is entered into on ---:~r.'-":-'t.........I''-,L--:-:-..c-~:--:----:--.' 2015 pursuant to an Agreement between Ninyo & Moore, a Cahf rnia corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical evaluation 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 proposed scope of work, attached as Appendix "A" for the Poinsettia Lift Station Emergency Pump Project (the "Project"). The Project services shall include geotechnical field investigation, laboratory analysis and engineering and geologic report preparation for the Poinsettia Lift Station site. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred (100) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials or lump sum for each task group as 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 $15,000. City Attorney Approved Version 1/30/13 .. . > TABLE 1 FEE ALLOTMENT GEOTECHNICAL INVESTIGATION FOR THE POINSETTIA LIFT STATION EMERGENCY PUMP PROJECT CA916 TASK# TASK GROUP LUMP SUM FEE 1 All work including field investigation, lab work and geotechnical $15,000.00 report as presented in Appendix "A" (Lump Sum). TOTAL (Not-to-Exceed) $15,000.00 Executed by Contractor this ____ day of-------------' 2015. CONTRACTOR NINYO AND MOORE, a California corporation NINYO AND MOORE, a California corporation (name of Contractor) (name of Contractor) By~~----By: ~~-~ 7 (sign here) . (sign here) Avram Ninyo I President Elaine 0. Autus I Assistant Secretary (print name/title) (print name/title) 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. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 Mr. Mark Biskup City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Geotechnical Evaluation APPENDIX "A" February 4, 2015 Proposal No. P-02-00136 Emergency Storage Basin at Poinsettia Sewage Lift Station Carlsbad, California Dear Mr. Biskup: In response to your request, we are pleased to submit this proposal to perform a ge- otechnical evaluation for design of the Emergency Storage Basin at the Poinsettia Sewage Lift Station project. The site of the proposed lift station is located on the north side of Poinsettia Lane, east of Alicante Road in Carlsbad. The purpose of the geotech- nical evaluation is to assess the subsurface conditions at the site of the proposed storage basin. This proposal is based on a review of the 50% improvement plans prepared by Kennedy Jenks Consultants, received on January 30, 2015; a 1993 geotechnical evaluation re- port by others; and emails from and discussions with Mr. Tucker Southern with Kennedy Jenks Consultants. We also reviewed in-house geologic maps and aerial photographs. We understand that the new storage basin will be buried approximately 17 to 18 feet be- low existing grade and will be located approximately 20 to 25 feet northeast of the existing comminutor vault and pump station wet well. The new emergency storage basin (tank) will have a diameter 8 feet, length of 18 feet, and capacity of approximately 5, 000 gallons. Based on a preliminary review of the 1993 geotechnical report and in-house geologic data, the lift station property is underlain by fill and alluvium. The 1993 geotechnical re- 5710 Ruffin Road • San Diego. California 92123 • Phone (858) 576-1000 • Fax (858) 576-9600 San Diego • Irvine • los Angeles • Rancho Cucamonga • Oakland • San Frandsco • San Jose • Sacramento Las Vega~ • Phoenix • Tucson • Prescott Yalley • Denver • Houston Emergency Storage Basin at Poinsettia Sewage Lift Station Carlsbad, California February 4, 2015 Proposal No. P-02-00136 port was prepared prior to grading of the lift station property. The site is anticipated to be underlain by fill and alluvium. No as-built geotechnical reports documenting the place- ment and compaction of fill soils and mitigation of potentially compressible and liquefiable alluvial soils were available for review. SCOPE OF SERVICES Based on our understanding of the project, we propose the following scope of services: • Reviewing of published geologic maps, faulting and seismic hazard reports, topo- graphic maps, geotechnical reports and stereoscopic aerial photographs. Maps of existing utilities provided by the client will be reviewed. • Obtaining County of San Diego Department of Environmental Health (DEH) boring permits. • Reconnaissance of the site and mark-out of proposed boring locations by an engi- neer or engineering geologist from our office. We would contact Underground Service Alert (USA) for utility clearance. We anticipate a staff from the City of Carls- bad would assist in locating utilities near our proposed borings. • Drilling, logging, and sampling of two (2) soil borings with a truck mounted drill rig equipped with hollow-stem augers. The borings would be advanced to depths up to 50 feet below existing grades (or until refusal or formational soils are encountered) It is intended that each boring will extend at least 1 0 feet below the proposed depth of excavation for proposed improvements. Soil samples obtained during drilling will be returned to the laboratory for geotechnical testing. Excess drill cuttings will be disposed of in a dirt area on the lift station property. The approximate water table level will be measured at the time of drilling, if encountered. If an accurate evalua- tion of the water table depth is desired, it is recommended that additional services include the installation, measurement and monitoring of a monitoring well(s) be per- formed as an additional service. • Borings will be backfilled with bentonite in accordance with DEH requirements. Bor- ings located in AC areas will be capped with Permapatch. • Performing geotechnical laboratory testing of soil samples which may include in- place moisture and density, gradation, shear strength, consolidation, R-value, soil corrosivity (pH, resistivity, chloride content and sulfate content). • Compilation and engineering analysis of data. P02-00136 2 Emergency Storage Basin at Poinsettia Sewage Lift Station Carlsbad, California February 4, 2015 Proposal No. P-02-00136 • Preparing a Geotechnical Evaluation Report with our findings, conclusions and rec- ommendations for design of the project. The report will include cqnclusions and recommendations relative to site geology, geologic and seismic hazards, seismic parameters, earthwork and grading, temporary slope stability, groundwater, excavat- ibility of earth materials, shoring and dewatering, foundations, lateral earth pressures, pipe bedding, and soil corrosivity. ASSUMPTIONS In preparing this proposal, we have made the following assumptions: • Permission for site access to our personnel and vehicles will be granted. • Environmental consulting services (e.g. Phase 1 and 2 site assessment, environ- mental sampling, drumming of cuttings, analytical testing of the boring cuttings and subsurface soils and groundwater, preparation of a soil and groundwater manage- ment plan, etc.) is not included in the above scope of services. A detailed cost for these additional environmental services will be provided upon request. • If an accurate evaluation of the water table depth is desired, it is recommended that additional services include the installation, measurement and monitoring of a moni- toring well(s) be performed as an additional service. A detailed cost for this additional service will be provided upon request. • This is a non-prevailing wage project with regard to our drilling subcontractor. FEE ESTIMATE Our lump sum fee to perform the services outlined above will be $15,000 (Fifteen Thou- sand Dollars). Our services will be accumulated in accordance with the current Fee Schedule for our master services agreement for on-call geotechnical consulting services contract on file with the City of Carlsbad. Additional services beyond the above scope of services (i.e. meeting attendance, addi- tional field and laboratory evaluations, etc.) will be charged on a time-and-materials basis in accordance with the current Fee Schedule on file with the City of Carlsbad. P02·00136 3 Emergency Storage Basin at Poinsettia Sewage Lift Station Carlsbad, California February 4, 2015 Proposal No. P-02-00136 SCHEDULING We are prepared to begin our geotechnical services immediately upon receiving your written authorization to proceed. Approximately one week would be required for boring mark-out, utility clearance, obtaining boring permits, and scheduling of subcontractors and equipment. Field exploration is anticipated to take about one-half day. It is anticipat- ed that the report will be completed within five weeks following the completion of the field exploration activities. If this proposal meets with your approval, please send us your contract documents for our signature. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE ~0~ Francis 0. Moreland, PG, CEG Senior Geologist FOM/GTF/eb Distribution: (1) Addressee Gregory T. Farrand, PG, CEG Principal Geologist (1) Mr. Tucker Southern, Kennedy Jenks Consultants P02-00136 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.8 PROJECT NO. 40201 CA916 Fee Allotment, is entered into on -:-:"i"-'<-t::::'"""'""~....:..t~-f:,-.llt..-----,-,~~n=;~u:....~-r-~· pursuant to an Agreement between Ninyo & Moore, a California corporation, ( ontractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical evaluation 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 proposed scope of work, attached as Appendix "A" for the Cole Library Renovation Project, (the "Project"). The Project services shall include geotechnical field investigation, laboratory analysis and engineering and geologic report preparation surrounding the Cole Library. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,000. City Attorney Approved Version 1/30/13 CA916 TABLE1FEEALLOTMENT GEOTECHNICAL INVESTIGATION FOR COLE LIBRARY ·.···rA$~;#:.··· . } .··•·· . · •·.. :i::r~•:••:>·!;;•: ,.·•,;:~~\~~ ~~OUP ••••• . .. . . LUMP'. '"" c'c'"C,c ' c ,'' ,~,'' <suM .. ff!E 1 Field Investigation 2 Laboratory Analysis 3 Update Engineering and Geologic Report Preparation TOTAL (Not-to-Exceed) $5,000.00 Executed by Contractor this ___ day of------------' 20 __ . CONTRACTOR tJ i {\~ .,}-m volt-- (name of Contractor) By: ~a.~ (sign here) (print name/title) 13/aute o . 1/u.fus, 4-J.rf-· ~7 (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By Gi~ Date: 1'1-'(k/1 L Patrick Thomas APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 CA916 Appendix "A" "l'A~f{:#i ·•·.····.•·•· X•· .... :·tASK.,GROUP .. .... J ... ~QM.a ... : ···>·••;;:[• ... . .. . ····· .... .······ .. ····· ... ..... ..•.. • ::<··· •• ., • • . • · .. ::,±s:·•;.t:.s: .• :~···: .. .······· ..... · ' .. \SII\II.:EIEE 1 Conduct soil explorations using limited access drilling equipment Field to investigate current geotechnical conditions in the vicinity of the Investigation proposed modernization improvements. Ring, sleeve, and bulk samples of the soil may be obtained for geotechnical laboratory analysis. We will conduct field investigation activities in the presence of a geologist of engineer. 2 Selected soil samples will be tested to identify the soils and Laboratory evaluate engineering soil properties pertinent to the planned Analysis development. The laboratory budget may include, but is not limited to, tests for expansion potential, moisture and in-place density, direct shear, material gradations and corrosivity potential. The nature and quantities of the tests may vary depending upon solid type and site uniformity. 3 Report will present field and laboratory data, an evaluation of site Update geology and soil/formation properties. The report will present Engineering allowable foundation bearing capacity values and solid and Geologic engineering considerations for use in site evaluation and Report development. Incorporate information regarding potential Preparation liquefaction issues, groundwater and soil sulfate corrosivity potential. As applicable, our report will also include grading concepts/site preparation recommendations, lateral earth pressures (active/passive) and other necessary geotechnical design parameters. TOTAL (Not-to-Exceed) $5,000.00 City Attorney Approved Version 1/30/13 3 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 CMP REPLACEMENT PROGRAM CA916 and Fee Allotment, is entered into on 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical evaluation 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 8, 2014, ("proposal"), attached as Appendix "A" for the CMP Replacement Program, (the "Project"). The Project services shall include geotechnical evaluation of the proposed storm drain pipeline repairs for the La Gran via storm drain system. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty (40) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). 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 oftime and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the Citv through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $4,800. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT GEOTECHNICAL EVALUATION SERVICES Review readily available background information, perform geologic reconnaissance of the site, subsurface exploration, collection of soils samples and perform soils testing. Data shall be presented in letter format with findings, preliminary conclusions and recommendations for the constriction of the Executed by Contractor this ____ day of------------· 2014. CONTRACTOR NINYO & MOORE, a California corporation (name of Contractor) 8~~ (sign here) NINYO & MOORE, a California corporation (name of Contractor) By:~JJ·~ (sign here) CA916 AJrarf! Nt'n'fp ffeli leo f: (prin nclme/title) tla1r:e 0' 1ufur, A.s-J'f·S~fqry (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 8 Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ~ Date: \(;hl'k\1-- atric Thomas APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 Sherri Howard From: Sent: To: Hi Sherri, Frank Moreland <fmoreland@ninyoandmoore.com> Wednesday, October 08, 2014 10:39 AM Sherri Howard Appendix 11A11 We understand that the project consists of the emergency repair of a corrugated steel pipe (CSP) storm drain outlet that recently failed. The repair would consist of replacing the CSP pipe with reinforced concrete pipe and constructing an energy dissipating outlet structure. We visited the site on October 7, 2014. Based on our understanding of the project, we propose the following geotechnical scope of services: • Reviewing readily available background information, including topographic and geologic maps, and stereoscopic aerial photographs. • Performing a geologic reconnaissance of the site to observe the existing conditions, to mark out the proposed excavation location, and to contact Underground Service Alert (USA) for utility locating. • Excavating, sampling, and logging one manually excavated exploratory test pit near the top of the washed out area to a depth of up to approximately 3 feet (or refusal) below the existing ground surface. Relatively undisturbed drive samples and bulk samples will be collected at selected intervals. • Performing limited laboratory testing which may include in-situ density and moisture content, and direct shear. • Compiling and analyzing data obtained from our background, field and laboratory evaluations. • Preparing a limited geotechnical evaluation letter report to provide our findings, preliminary conclusions and recommendations to assist in the design and construction of the project. SCHEDULING We are prepared to initiate our services upon receipt of your notice to proceed. We expect that our fieldwork will be completed within one week of receiving the authorization to begin work and our report should be finished three weeks after the field work. FEE ESTIMATE Our fee for the services described for the project will be invoiced on a lump sum basis. Our fee to perform the geotechnical evaluation outlined above will be $4,800 (Four Thousand Eight Hundred Dollars). Frank Frank 0. Moreland, P.G., C.E.G. Senior Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, CA 92123 (858) 576-1000 (x11225) (858) 576-9600 (Fax) fmoreland@nlnyoandmoore.com Experience . Quality. Commitment 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.6 POINSETTIA FIRE RECOVERY CA916 nd Fee Allotment, is entered into on ~¥':-n-""'£:-~"""'':""'~---6?""-:~~......,.r-:-~:------:-' pursuant to an Agreement between N in yo & oo , a California corpora 10n, ontractor") and the City of Carlsbad, ("City") dated November 28, 1012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical evaluation 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 September 11, 2014, ("proposal"), attached as Appendix "A" for the Poinsettia Fire Recovery, (the "Project"). The Project services shall include geotechnical evaluation of the fire burn area as it relates to erosion and slope stability and the protection of assets. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty (40) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). 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 $24,984. City Attorney Approved Version 1/30/13 CA916 TABLE 1 FEE ALLOTMENT GEOTECHNICAL EVALUATION SERVICES TASK GROUP LUMP SUM FEE 1-Develop and Map Priority Groupings $5,444 2-Field Evaluation of Additional Storm Drain Structures $5,580 3-Meetings, Data Compilation, Analysis and Report Preparation $13,960 TOTAL (Not-to-Exceed) $24,984 Executed by Contractorthis ____ day of _____________ , 2014. CONTRACTOR NINYO & MOORE, a California Corporation (name of Contractor) By~ NINYO & MOORE, a California Corporation (name of Contractor) (sign here) Ettt,M t)-bitt~ A.rJf. s~ (print name/title If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: __g__r-~ l -. / 1 APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY {R~&L~- City Attorney Approved Version 1/30/13 2 Mr. Marshall Plantz, PE City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Appendix "A" September 11, 2014 Project No. 107544005 Subject: Proposal for Additional Geotechnical Risk Assessment Services Post-Poinsettia Fire Emergency Erosion Protection Project Carlsbad, California Reference: Ninyo & Moore, 2014, Poinsettia Fire Recovery Erosion Protection Project, Carls- bad, California, (Draft Report}, Project No. 1 07544005, dated August 22, 2014. Dear Mr. Plantz: To follow up on our conversation on September 8, 2014, we have prepared this proposal to per- form additional geotechnical consulting services for the Post-Poinsettia Fire Emergency Erosion Protection Project in Carlsbad, California. As you are aware, Ninyo & Moore has conducted an evaluation of the potential geologic risks within the burn area. A draft report of our findings, con- clusions and recommendations to mitigate erosion and storm water run-off was submitted to the City of Carlsbad on August 22, 2014. As we discussed, it is the City's desire for Ninyo & Moore to expand upon our findings. As such, we understand that the City of Carlsbad wishes Ninyo & Moore to complete the following tasks: • Develop and map of priority areas affected by the Poinsettia Fire where an elevated erosion potential and/or surficial slope failures have been observed and such erosion or failures could pose consequential damage to property. • Observe, evaluate, and provide recommendations for additional storm drain structures that were not previously catalogued by the City. These structures may include both private and City-maintained structures. • Incorporate the additional findings and analysis into our draft report to the City. The final version of the report will also incorporate review comments generated by the City of Carlsbad. • Attend meetings with the City as requested to present our findings and discuss risk man- agement issues. 5710 Ruffin Road • San Diego. California 92123 • Phone (8581576-1 000 • Fax (858) 576-9600 --·-·------·-----·--·--- San Diego • Irvine • los Angeles • RanchO Cucamonga • Qakland • San Francisco • San Jose • Sacramento Las Vegas • Phoenix • Tucson • Prescott Valley • Denver • Houston Post-Poinsettia Fire Emergency Erosion Protection Project Carlsbad, California September 11,2014 Project No. 107544005 As discussed, the additional services described above are estimated to be on the order of $25,000 (Twenty-Five Thousand Dollars), invoiced on a time-and-materials basis in accordance with our As-Needed Agreement with the city. A breakdown of this estimate is provided in the at- tached Table 1 -Breakdown of Estimated Fee. We will begin our additional services immediately upon request. Please expedite your task order documents for signature. We appreciate the opportunity to submit this proposal and look for- ward to working with you on this project. Respectfully submitted, NINYO & MOORE William R. Morrison, PG, CEG Senior Engineer WRM/ER/gg Attachment: Table 1 -Breakdown of Estimated Fee Distribution: (1) Addressee 107544005 P2.doc 2 Post-Poinsettia Fire Emergency Erosion Protection Project Carlsbad, California September 11, 2014 Project No. 107544005 TABLE 1 -BREAKDOWN OF ESTIMATED FEE DEVELOP AND MAP PRIORITY GROUPINGS Principal Engineer/Geologist/Environmental Scientist 8 hours @ $148.00 Senior Project Engineer/Geologist/Environmental Scientist Staff Engineer/Geologist/Environmental Scientist GIS Analyst Subtotal 8 hours@ $141.00 12 hours @ $116.00 15 hours @ $116.00 /hour /hour /hour /hour FIELD EVALUATION OF ADDITIONAL STORM DRAIN STRUCTURES Principal Engineer/Geologist/Environmental Scientist 6 hours@ $148.00 /hour Senior Project Engineer/Geologist/Environmental Scientist 16 hours@ $141.00 /hour Staff Engineer/Geologist/Environmental Scientist 16 hours@ $116.00 /hour GIS Analyst 5 hours @ $116.00 /hour Subtotal $ 1,184.00 $ 1,128.00 $ 1,392.00 $ 1,740.00 $ 5,444.00 $ 888.00 $ 2,256.00 $ 1,856.00 $ 580.00 $ 5,580.00 MEETINGS, COMPILATION, ANALYSIS AND PREPARATION OF FINAL REPORT Principal Engineer/Geologist/Environmental Scientist 10 hours @ $ 148.00 /hour $ 1,480.00 Senior Project Engineer/Geologist/Environmental Scientist 40 hours@ $141.00 /hour $ 5,640.00 Staff Engineer/Geologist/Environmental Scientist GIS Analyst Data Processing, Technical Editing, or Reproduction 107544005 T Pro2.xts C4 TOTAL ESTIMATED FEE Subtotal 1 of 1 40 hours@ 18 hours@ 2 hours@ $116.00 /hour $ 4,640.00 $116.00 /hour $ 2,088.00 $ 56.00 /hour $ 112.00 $ 13,960.00 s 24,984.00 1 1. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 POINSETTIA FIRE RECOVERY CONTRACTOR'S OBLIGATIONS CA916 Contractor shall provide geotechnical evaluation services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated June 10, 2014, ("proposal"), attached as Appendix "A" for the Poinsettia Fire Recovery, (the "Project"). The Project services shall include geotechnical evaluation of the fire burn area as it relates to erosion and slope stability and the protection of assets. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty (40) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $30,000. City Attorney Approved Version 1/30/13 CA916 TABLE 1 FEE ALLOTMENT GEOTECHNICAL EVALUATION SERVICES TASK GROUP LUMP SUM FEE 1 Meetings and Coordination $5,900 2 Site Reconnaissance and Mapping $11,200 3 Data Compilation and Analysis $6,200 4 Report Preparation $6,700 TOTAL (Not-to-Exceed) $30,000 Executed by Contractor this ___ day of _____________ , 2014. CONTRACTOR NINYO & MOORE, a California Corporation (name of Contractor) By~~~ (sign here)~ l?r IZ:lht Ali!f;ip / fJa.r/dul/ (print n /titlt3) NINYO & MOORE, a California Corporation (name of Contractor) By:~~·~ (sign here) Ele~,i,~ O· ~/tis/ As.r.~f"'nt-J'u~ry (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. Date: __ I __ · _5_-_/_'--t ___ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 ~'cc-=5~~~*m fll~Jdl l(lnao & l(loore' -~<::"1 -~ , .. , : •·•.,.,' ,·' , ['l•,,r .,: •: !• Appendix "A" Mr. Marshall Plantz, PE City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 June 10, 2014 Project No. 107544005 Subject: Proposal for Geotechnical Risk Assessment Services Post-Poinsettia Fire Emergency Erosion Protection Project Carlsbad, California Dear Mr. Plantz: In response to your request, we are pleased to submit this proposal to perform geotechnical con- sulting services for the Post-Poinsettia Fire Emergency Erosion Protection Project in Carlsbad, California. The Poinsettia fire started on May 14, 2014 and was 100 percent contained on May 18, 2014. Within the City of Carlsbad, the Poinsettia Fire consumed approximately 370 acres of open- space and private residential development. Based on our discussions with you, we understand that it is the City's desire to perform an evaluation of the potential geologic risks within the burn area, and specifically to evaluate the potential for slope stability/landslide and soil erosion issues, and to provide mitigation recom- mendations with regard to erosion and storm water run-off. We understand that at this point, the level of effort for our services is still being developed. However, our initial scope of services will include a background review of available data (review- ing and incorporating geologic maps, topography/slope maps, and fire location/boundary maps into our GIS database), coordination and performance of a field reconnaissance by a State of California licensed engineering geologist (CEG) and geotechnical engineer (GE), meeting at- tendance with city response crews, and preparation of an illustrated report identifying areas of recommended erosion mitigation and over-steepened slopes/landslide hazard potential. 5710 Ruffin Road • San Diego. California 92123 • Phone 1858)576-1000 • Fax (858) 576-9600 San 01ego • 1rv1ne • Los Angeles • Rancro Cucarr.onga • Oal<!and San FranCJsco • San Jose Las Vegas • Phoen:x • Tucson • Prescorr V:JIIey • Denver • Houston Post-Poinsettia Fire Emergency Erosion Protection Project Carlsbad, California June 10, 2014 Project No. 107544005 Our services described above are estimated to be on the order of $30,000 (Thirty Thousand Dol- lars), invoiced on a time-and-materials basis in accordance with our As-Needed Agreement with the city. A breakdown of this estimate is provided in the attached Table 1 - Breakdown of Esti- mated Fee. Our initial proposed scope and fee estimate are based on our understanding of the project and discussions with you. We will begin our project coordination immediately upon request and expect that our field recon- naissance will commence within a week. Please expedite your contract documents for signature. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE Robert T. Wheeler, PG, CEG Senior Project Geologist RTW/ER!gg Attachment: Table 1 -Breakdown of Estimated Fee Distribution: (1) Addressee 107544005 P.doc 2 Z~~~L Emil Rudolph, PE, ~ Principal Engineer Post-Poinsettia Fire Emergency Erosion Protection Project Carlsbad, California June 10, 2014 Project No. 107544005 TABLE 1 -BREAKDOWN OF ESTIMATED FEE MEETINGS, PROJECT COORDINATION AND BACKGROUND REVIEW Principal Engineer/Geologist/Environmental Scientist 12 hours@ $148.00 Senior Project Engineer/Geologist/Environmental Scientist 16 hours @ $141.00 Staff Engineer/Geologist/Environmental Scientist 16 hours @ $116.00 Subtotal SITE RECONNAISSANCE AND MAPPING Principal Engineer/Geologist/Environmental Scientist 8 hours@ Senior Project Engineer/Geologist/Environmental Scientist 12 hours@ Staff Engineer/Geologist/Environmental Scientist 64 hours@ Field Vehicle Usage 84 hours@ Subtotal DATA COMPILATION AND ANALYSIS Senior Project Engineer/Geologist/Environmental Scientist 8 hours@ Staff Engineer/Geologist/Environmental Scientist 24 hours@ GIS Analyst 20 hours@ Subtotal REPORT PREPARATION Principal Engineer/Geologist/Environmental Scientist Senior Project Engineer/Geologist/Environmental Scientist Staff Engineer/Geologist/Environmental Scientist GIS Analyst Data Processing, Technical Editing, or Reproduction 107544005 T Pro.xls C4 TOTAL ESTIMATED FEE Subtotal 1 of 1 8 hours@ 12 hours@ 20 hours@ 12 hours @ 2 hours@ $148.00 $141.00 $ 116.00 $ 10.00 $141.00 $116.00 $116.00 $148.00 $141.00 $116.00 $ 116.00 $ 56.00 /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour /hour $ 1,776.00 $ 2,256.00 $ 1,856.00 $ 5,888.00 $ 1,184.00 $ 1,692.00 $ 7,424.00 $ 840.00 $ 11,140.00 $ 1 '128.00 $ 2,784.00 $ 2,320.00 $ 6,232.00 $ 1 '184.00 $ 1,692.00 $ 2,320.00 $ 1,392.00 $ 112.00 $ 6,700.00 $ 29,960.00 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 3957 CA916 ourth Project Task Descriptio and Fee Allotment, is entered into on ' " , pursuant to an Agreement between Ninyo & oore, a Califo ia corpo ation, (" ontractor'') and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide a geotechnical evaluation report 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 30, 2014 ("proposal"), attached as Appendix "A" for the Geotechnical Review (EI Camino Real Widening) project, (the "Project"). The Project services shall include observation and in-place density testing, laboratory testing of materials and samples, and consultation as outlined in the proposal. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within three (3) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within thirty (30) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the Citv through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $4,500. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT GEOTECHNICAL REVIEW (El Camino Real Widening) c':······:.'''' .. ·· .. • .. ·. · .. '~\:.··'•'· TASK GROUP .. ; ... •·. LUMP SUMCFEE ; ... Geotechnical Review $4,500 TOTAL (Not-to-Exceed) $4,500 Executed by Contractor this ___ day of -----------• 2014. CONTRACTOR NINYO & MOORE, a California corporation (name of Contractor) By:~~ (sign here) Av!Om N~-nvo P(lt!t /1/)1: (print name/title) NINYO & MOORE, a California corporation (name of Contractor) By: ~ {p. AlP~ , (sign here)/ B1 p,, n ~ 0 · Au fUJ . A.;fi · St!!/'t{lfr'f (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California Date: ___.2-...___-...:....{_2.._-_/----'lj'------By: L~~~=A~~=------ -irector a /] ;~~.~ 1£111 IN' r tv APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 APPENDIX 11 A11 From: Emil Rudolph [mailto:erudolph@nlnyoandmoore.com] Sent: Thursday, January 30, 2014 5:10 PM To: Brandon Miles Cc: William Morrison Subject: RE: El camino Real Widening, FRAC review Brandon, As requested, we can provide a geotechnical review of the fabric-reinforced asphalt concrete (FRAC or FORTA-FI) proposed for use on the subject overlay project. We understand that the project goal is to use the product to reduce the needed overlay thickness for approximately 5,000 tons (360,000 SF) of rubberized asphalt. To perform our review, we propose to: • review product brochures, project paving plans, and geotechnical report • review provided academic literature (ASU study) evaluating the product • search and compile Ninyo & Moore's databases for relevant studies or projects with similar projects • request geotechnical laboratory data from manufacturer for review • perform an internet search for relevant technical information or testimonies • contact a public works agency showcased in product literature for testimonies • summarize our review in a letter to present our opinion of the product's performance for the project needs. We propose to provide the scope of work above for a fee of $4,500. We are available to begin within a day of your authorization and expect our review to be complete in approximately 2 weeks. Thank you, Emil Rudolph, GE, QSD Principal Engineer Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, CA 92123 (858) 576-1000 (x11258) (858) 576-9600 (Fax) (619) 843-6078 (Cell) erudoiJ!h On!eyoandmoore.com Experience . Quality . Commitment PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.3 PROJECT NO. 66082 CA916 This Description and Fee Allotment, is entered into on -;;-7!""'-"':t"f-14--*"~--:-.L-.lr-=::.-""7:-+---"6'7.:,.--,---,-....,• pursuant to an Agreement between Ninyo & Moo a California orporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide a geotechnical evaluation report in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 16, 2013 ("proposal"), attached as Appendix "A" for the Northwest Quadrant Storm Drain Program (Valley Street at McCauley Lane) project, (the "Project"). The Project services shall include observation and in-place density testing, laboratory testing of materials and samples, and consultation as outlined in the proposal. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within three (3) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within thirty (30) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $4,300. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT NORTHWEST QUADRANT STORM DRAIN PROGRAM (VALLEY STREET AT MCCAULEY LANE) TASK GROUP" , 'V LUMP SUM FEE Geotechnical Evaluation for Boardwalk Trail Construction $4,300 TOTAL (Not-to-Exceed) $4,300 oJ. Executed by Contractor this ~ 3 &.--day of _ _,J"-"-d;:../.,.Y'---------' 2013. I CONTRACTOR NINYO & MOORE, a California corporation (name of Contractor) By~~ (sign here A;!irllrn IJI.fl'iO . PflJ~diiJf- IPrint na eltifle) NINYO & MOORE, a California corporation (name of Contractor) By: ?e~ ~ . ;fu;fUy (s1gn here) J;;fau;e O· A-uftd', ;fJ'J';STPtflt (print name/title) .Su~-hrY'f If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. municipal corporation of the State of California By: Date: --"'e:....,1,_/_7.._+};-~-=o'------ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1130113 2 Ms. Sherri Howard, PE City of Carlsbad Public Works Engineering 1635 Faraday Avenue Carlsbad, California 92008 APPENDIX A Subject: Proposal for Geotechnical Construction Services Northwest Quadrant Storm Drain Valley Street at McCauley Lane Carlsbad, California On-Call Contract No. PWENG 562 Dear Ms. Howard: July 16, 2013 Proposal No. P-21188 In response to your request, we are pleased to submit this proposal to provide geotechnical construction services in connection with the subject project. The project will include the con- struction of a new storm drain inlet and 17 -foot deep reinforced concrete cleanout. SCOPE OF SERVICES Based on our understanding of the project, we propose the following scope of services: • Our ACI-certified technician will sample fresh concrete material and measure its temperature, and slump. The technician will cast one set of four concrete cylinders for every 150 cubic yards of structural concrete placed, or fraction thereof, during a day's placement. • Laboratory testing for compressive strength of concrete samples. • Providing earthwork observation and testing services during backfill of the new storm drain inlet and cleanout. • Performing geotechnical laboratory testing on selected samples which may include opti- mum moisture content and modified Proctor density. • Preparing a letter report summarizing the results of our earthwork observation and testing services. 5710 Ruffin Road • San Diego. Gllifom1a 92123 • Phone 1858) 576-1000 • Fax (858) 576-9600 San Diego • Irvine • los Arlgeies Rancho Cucamonga • Dakland • San Francisco San Jose • Sacramento las: Veg.3s • PhoeniX • Tucson • Prescott Valley • Denver • El Paso • Houston Valley Street at McCauley Lane Carlsbad, California ASSUMPTIONS July 16, 2013 Proposal No. P-21188 Our scope and estimated fee is based on the following assumptions: • Concrete placement will take one day and our technician will be on site to sample the con- crete for four hours. • Backfill of the storm drain cleanout will be performed with hand operated equipment, will take four days, and our technician will be on site full time. FEE ESTIMATE The geotechnical observation and materials testing services will be provided on a time-and- expense basis in accordance with our as-needed agreement for geotechnical testing services. Geotechnical field technician services will be performed on a portal to portal basis with a four- hour minimum. Our proposed estimated fee for the materials sampling and testing services for the pro- ject as described herein will be approximately $4,300 (Four Thousand Three Hundred Dollars). These estimated costs are based on our assumptions of the anticipated services and do not in- clude 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 performance of the contractor can substantially effect the duration of our services. Requested engineering, special inspection, and field and laboratory testing not within the specified scope of services, will be provided on a time and materials basis. We are prepared to begin our services immediately based on your verbal authorization. Please send us your fee allotment formalizing the notice to proceed. We appreciate the opportunity to be of continuing service. Respectfully submitted, NINYO & MOORE Francis 0. Moreland, PG, CEG Senior Geologist FOM/ER/gg Distribution: (1) Addressee P-21166doc 2 Emil Rudolph, PE, G Principal Engineer l(lngo ·' l(toor-e PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.2 PROJECT NO. 38661 CA916 This vrecond Proj~ Task De~cription and Fee Allotment, is entered into on ~ llf ,f.c , f?tJ; d , pursuant to an Agreement between Ninyo & core: California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide a geotechnical evaluation report in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated May 10, 2013 ("proposal"), attached as Appendix "A" for the Lake Calavera Boardwalk Trail and Restoration project, (the "Project"). The Project services shall include observation and in-place density testing, laboratory testing of materials and samples, and consultation as outlined in the proposal. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 3 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 20 working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $7,200. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT LAKE CALAVERA BOARDWALK TRAIL GEOTECHNICAL SUPPORT SERVICES TASK GROUP LUMP SUM FEE Geotechnical Evaluation for Boardwalk Trail Construction $7,200 TOTAL (Not-to-Exceed} $7,200 Executed by Contractor this 4:-D -t\... day of __ __,_M-'-'"'-=tv.__ ______ , 2013. l CONTRACTOR NINYO & MOORE, a California corporation (name of Contractor) By:~~~ ~ (sign here) /tv-. a"' N ir\\f o "T>v-o 1 d.e t1 +----- (print nam~/title) NINYO & MOORE, a California corporation (name of Contractor) By: ~ G. ;ft;:tw (sign here) 131 A,n~ o · AvrM 1 /...fl';~hstnT (print name/title) J-t-e"·~-l~t/'f If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBA , a municipal corporation of the State of California By: Date:--~-· _z_01_._1_~ _____ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 Mr. Steve Jantz City of Carlsbad 799 Pine Avenue, Suite 200 Carlsbad, California 92008 Subject: Proposal for Geotechnical Evaluation Lake Calavera Boardwalk Trail Carlsbad, California Dear Mr. Jantz: May 10, 2013 Proposal No. P-21099 Appendix "A" In response to your request, we are pleased to submit this proposal to provide a.geotechnical evalua- tion report for Lake Calavera Boardwalk Trail project in Carlsbad, California. The proposal is based on our review of the project plans, a site walk performed on May 6, 2013, and our correspondence. From our review of the project plans and discussions, we understand that several trail improve- ments will be performed around Lake Calavera. These improvements will include the installation of the pre-fabricated modular boardwalk platform at two alignments labeled as "Creek Crossing Area" and "East Boardwalk Area". These boardwalk platforms are planned to be supported on Diamond Pier brand foundations. The purpose of our evaluation would be to evaluate the bear- ing capacity of site soils to aid in the selection of the type of Diamond Pier foundations and provide remedial grading recommendations, as necessary. SCOPE OF SERVICES Based on our understanding of the project and the site meeting with you, this evaluation will include the following scope of services: • Reviewing background information including available geologic and topographic maps. • Performing a site reconnaissance to locate and mark-out test pit locations for the sub- surface exploration. • Clearing of the proposed exploratory test pit locations by Underground Service Alert (USA). 5710 Rumn Road • San Diego. Qlllfom•a 92123 • Phone {858}576-1000 • Fax /858}576-9600 San Otego • lrv>ne • Rancho Cucomonga • los Angeles • Oakland • Las Vegas • Phoenix • Denver • El Paso Lake Calavera Boardwalk Trail Carlsbad, California May 10, 2013 Proposal No. P-21099 o Excavating, logging, and sampling of several exploratory test pits to depths up to approxi- mately 5 feet (or refusal) along the proposed alignments for the boardwalk platforms. Bulk and/or in-place samples of the encountered soils will be collected and transported to our in-house laboratory for testing. o Performing geotechnical laboratory testing on representative samples to evaluate soil char- acteristics and design parameters. o Compiling and performing an engineering analysis of the data obtained from our back- ground, field, and geotechnical laboratory testing. o Preparing a geotechnical report providing our findings, conclusions, and geotechnical rec- ommendations for the Diamond Pier foundations and remedial grading operations. FEE ESTIMATE Our fees for the services described for the project will be invoiced on a lump sum basis. Our fee to perform the services outlined above will be $7,200 (Seven Thousand Two Hundred Dollars). Services beyond the scope described above, if requested, will be billed on a time-and-expense basis in accordance with our current Schedule of Fees. ASSUMPTIONS AND UNDERSTANDINGS We will be granted access to the site for our personnel and equipment. o The permitting process to allow for stte access and the performance of our subsurface explora- tion has already been obtained by the Ctty of Carlsbad for the project. Therefore, we understand no further permitting is required prtor to the start of the geotechnical subsurface exploration. o Our field operations can be performed during regular wortk hours, Monday through Friday, 7:00a.m. to 5:00p.m. SCHEDULING We are prepared to start the scheduling process for the evaluation within a day of receipt of the signed authorization. Provided that no further permitting is required and that site access will be granted, the geotechnical report can be prepared within 30 days of receipt of the written notice to proceed. Verbal updates will be provided upon request. If this proposal meets with your ap- proval, please forward us your contract documents for execution. ""''"'"" 2 JVIngo '/(t.oon Lake Calavera Boardwalk Trail Carlsbad, California May 10, 2013 Proposal No. P-21099 We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE ~t/tt Jeffrey T. Kent, PE, GE Senior Engineer JTKIKHM/mmd Distribution: (1) Addressee (via e-mail) P-21001.doo Kenneth H. Mansir, Jr., PE, G Principal Engineer 3 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT NO. 38372 CA916 This and Fee Allotment, is entered into on ~.,...,..W.'#<W..:.t-4:...._~J,;:!4-...,...,U4::......L---' pursuant to an Agreement between Ninyo & Moore, a Cali ornia cor ora ion, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical support, special inspection and materials testing services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated March 8, 2013, ("proposal"), attached as Appendix "A" for the Alga Norte Community Park Development, (the "Project"). The Project services shall include observation and in- place density testing, laboratory testing of materials and samples, and project management & consultation as outlined in the proposal. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within twenty (20) working days thereafter. Working days are defined in section 6-7.2 ''Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $768. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT ALGA NORTE COMMUNITY PARK GEOTECHNICAL SUPPORT SERVICES TASK GROUP LUMP SUM FEE Geotechnical Clarification re: Musco Light Foundations per $768 attached proposal dated March 8, 2013 TOTAL (Not-to-Exceed) $768 Executed by Contractor this ____ day of-------------' 2013. CONTRACTOR NINYO & MOORE, a California corporation (name of Contractor) By: ~:6?~ ._.- / (sign here) ~ Ah?JttVl JJ ~~~iiv 1 'Vr~.ql d.!oc ' (print n me/title) NINYO & MOORE, a California corporation (name of Contractor) By: c:;;~ W. At;;/$y (sign herey Cfet,~ o-!/uftt.s /ffJirmnt s~~r (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. ::TY OF o:z= ro~odloo m tho &ore ::•"om~i ZF) g f I City Manage1 01 Director David Hauser, Director Property & Environmental Management APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Cily Attorney Approved Version 1/30/13 2 Mr. Patrick McGarry Civic Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Appendix A Subject: Proposal for Geotechnical Parameters-Musco Lighting Alga Norte Community Park Development Carlsbad, California March 8, 2013 Project No. 1 04600009 Reference: T.B. Penick; RFI #C-003R, Geotechnical Clarification (Musco Lighting),dated March 5, 2013 Dear Mr. McGarry: At your request, we are pleased to present this proposal to provide geotechnical parameters to address project RFI #C-003R, regarding construction of the proposed Musco lighting founda- tions for the ball fields at the subject project. Ninyo and Moore will provide a letter presenting the requested geotechnical parameters based upon the review of our previously performed geo- technical evaluations. Our fee for the services described for the project will be invoiced on a time and materials basis, estimated to be approximately $768.00 (Seven Hundred Sixty-Eight Dol- lars). A breakdown of this fee is presented in the attached Table 1. If this proposal meets with your approval, please forward your task order. We appreciate the opportunity to continue to work with you on this project. Respectfully submitted, NINYO & MOORE rian Matusek Senior Staff Geologist ERIBTM/ Attachment: Table 1-Breakdown of Estimated Fee Distribution: (1)Addressee ;EaeiJ/L ~~il Rudolph, PE:I Principal Engineer (1) Mr. Canh Tran; Kitchell Construction Management 5710 RuN!n Road • San Dego. Glllfomia 92123 • Phone f858) 576-1000 • Fax 1858) 576-9600 san Diego • lrvrne • Rancho Cucamonga • Los Angeles • Oakland • Las Vegas • Phoenix • Denver • El Paso Alga Norte Community Park Development Carlsbad, California TABLE 1 -BREAKDOWN OF ESTIMATED FEE DATA REVIEW AND REPORT PREPARATION March 8, 2013 Project No. 104600009 Principal Engineer/Geologist 2 hours @ $148.00 /hour $ 296.00 Senior Staff Engineer/Geologist 4 hours @ $ 118.00 /hour $ 472.00 Subtotal $ 768.00 TOTAL ESTIMATED FEE $ 768.00 1 1 04600009 T MuiQO Ughting.xls 1 of 1 JVIngo·' ~OOt'e MASTER AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES (NINYO & MOORE) CA916 T IS AGREEMENT is made and entered into as of the o1cf70 day of __ q~~~~-· 20 /aL, by and between the CITY OF CARLSBAD, a municipal corpor ion, 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. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three years starting from the date first written above. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. City Attorney Approved Version 2/17/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed two hundred thousand dollars ($200,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax 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 including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 2 City Attorney Approved Version 2/17/12 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 1 0.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. City's Initials Contractor's Initials D If box is checked, Professional Liability Insurance requirement is waived. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 3 City Attorney Approved Version 2/17/12 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 4 City Attorney Approved Version 2/17112 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: Name Title Dept Address Phone Skip Hammann Transportation Director Transportation CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad CA, 92008 (760) 602-2751 For Contractor: Name Title Address Phone Email Jeffery Kent Project Manager 5710 Ruffin Road San Diego, CA 92123 (858) 576-1000 jkent@ninyoandmoore.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 5 City Attorney Approved Version 2/17/12 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 6 City Attorney Approved Version 2/17112 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 2/17/12 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this 2-h t"'- (sign f}vvtm fjjhtt2h1 lar,f/tnr (print na e/title) By:~G-~ . _ (sign here) ~ d.Uiffti'lt- 13-Jam& t> /1YI Ttd: s~~ (print name/title) '20_lh. CITY OF CARLSBAD, a municipal corporation of the State of California By: /], ,J'a -----·~~~ ATTEST: L , .. :~~~~:"'I'\~ ,., o= ~.~o~RE·:;o= ~~ ; -4~ "' ...... .. ,, ... * , ,, ,, ,, ,,.,,11,,,, 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 Group 8 Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY:~~ • Assistant City AttOeY 8 City Attorney Approved Version 2/17/12 I I I I I I I I I I I I I I I I I I I y~ '~. ·~ t:,llY ()!' CARLSBAD ·May 23,2012 T Proposal No. P-20702 EX HI B I A City of Carlsbad Qualifications to Provide Master Agreement Consulting Services Geotechnical Services Discipline 5. 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.................................................................................................................... $ 1 09 Certified Asbestos Consu~ant . . .. . . .. . .... . . . .. . . . . .. . .... . .. ..... .. .. .... . . . . ... . . ........ ................................ ....... ................. .... . . . . . . . . . . ...... .. ...... $ 120 GIS Analyst............................................................................................................................................................................... $ 1 09 CSST1/LIA2/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 Illustrator/CAD Operator .......................................................................................................................................... $ 75 GeotechnicaVEnvironmentaVLaboratory Assistant.................................................................................................................. $ 60 Information Specialist. ............................................................................................................................................................... $ 55 Data Processing, Technical Editing, or Reproduction .............................................................................................................. $ 50 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLE$ XRF Lead Analysis .......................................................................................................................................................... $ PID/FID Usage ................................................................................................................................................................. $ Air Sampling Cassettes ................................................................................................................................................... $ Level C Personal Protective Equipment (person/day [p/d]) ........................... .......................... .... ......................... .... .. .... $ Air Sampling Pump Usage .................... .... ....................... ..... .. .......................... ..... ...... ................ .............. ........ .... .. . . . . ... $ 19 250/day 120/day 100/case 55/day 45/day (~ ·.~ ·.t '~ "(t'h Of May 23,2012 Proposal No. P-20702 City of Carlsbad CARLSBAD Qualifications to Provide Master Agreement Consulting Services Geotechnical Services Discipline SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Atterberg Limits, D 4318, CT 204 .............................................. $ 145 California Bearing Ratio (CBR), D 1883 .................................... $ 440 Chloride and Sulfate Content, CT 417 & CT 422 ...................... $ 135 Consolidation, D 2435, CT 219 .................................................. $ 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, USC 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) A-value, D 2844, CT 301 ........................................................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................. $ 90 Sieve Analysis, D 422, CT 202 .................................................. $ 110 Sieve Analysis, 200Wash, D 1140, CT202 ............................. $ 90 Specific Gravity, D 854 ............................................................... $ 90 Triaxial Shear, C.D, D 4767, T 297 ............................................ $ 390 Triaxial Shear, C.U., w/pora pressure, D 4767, T 2297 per pt..$ 330 Triaxial Shear, C.U., wlo 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), USC 15-5 ........................... $ 190 Roofing Tile Strength Test, (set of 5), USC 15-5 ....................... $ 190 Masonry Brick Absorption, 24-hour submersion, C 67 ............................. $ 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 ................................ $ 1,650 Compression Tests, 6x12 Cylinder, C 39 ........................................... $ 22 Concrete Mix Design Review, Job Spec ............................................. $ 140 Concrete Mix Design, per Trial Batch, 6cylinder, ACI ........................ $ 750 Concrete Cores, Compression (excludes sampling), C 42 ................ $ 55 Drying Shrinkage, C 157 ..................................................................... $ 250 Flexural Test, C 78 ............................................................................... $ 50 Flexural Test, C 293 ............................................................................. $ 55 Flexural Test, CT 523 .......................................................................... $ 60 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI.. ....... $ 250 Jobsite Testing Laboratory.................................................................. Quote Lightweight Concrete Rll, Compression, C 495 .................................. $ 40 Petrographic Analysis, C 856 .............................................................. $ 1,100 Splitting Tensile Strength, C 496 ......................................................... $ 80 Reinforcing and Structural Steel Fireproofing Density Test, USC 7-6 .................................................... $ 55 Hardness Test, Rockwell, A-370 ......................................................... $ 50 High Strength Bolt, Nut & Washer Conformance, set, A-32 .............. $ 120 Mechanically Spliced Reinforcing Tensile Test, ACI .......................... $ 95 Pre-Stress Strand (7 wire), A 416 ........................................................ $ 140 Chemical Analysis, A-36, A-615 .......................................................... $ 120 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 ................ $ 50 Structural Steel Tensile Test: Up to 200,000 lbs. (machining extra), A 370 ................................................................... $ 70 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ................. $ 55 Aaphalt Concrete Asphalt Mix Design, Caltrans .............................................................. $ 2,200 Asphalt Mix Design Review, Job Spec ............................................... $ 150 Extraction,% Asphalt, including Gradation, D 2172, CT 310 ............. $ 215 Film Stripping, CT 302 ......................................................................... $ 100 Hveem Stability and Unit Weight CTM or ASTM, CT 366 ................. $ 195 Marshall Stability, Flow and Unit Weight, T-245 ................................. $ 215 Maximum Theoretical Unit Weight, D 2041 ........................................ $ 120 Swell, CT 305 ....................................................................................... $ 165 Unit Weight sample or core, D 2726, CT 308 ..................................... $ 90 Aggregates Absorption, Coarse, C 127 .................................................................. $ 35 Absorption, Fine, C 128 ....................................................................... $ 35 Clay Lumps and Friable Particles, C 142 ............................................ $ 100 Cleanness Value, CT 227 ................................................................... $ 120 Crushed Particles, CT 205 .................................................................. $ 140 Durability, Coarse, CT 229 .................................................................. $ 130 Durability, Fine, CT 229 ....................................................................... $ 130 Los Angeles Abrasion, C 131 or C 535 ............................................... $ 180 Mortar making properties of fine aggregate, C 87 .............................. $ 275 Organic Impurities, C 40 ...................................................................... $ 55 Potential Reactivity of Aggregate (Chemical Method), C 289 ............ $ 390 Sand Equivalent, CT 217 .................................................................... $ 90 Sieve Analysis, Coarse Aggregate, C 136 .......................................... $ 105 Sieve Analysis, Fine Aggregate (including wash), C 136 ................... $ 105 Sodium Sulfate Soundness (per size fraclion), C 88 .......................... $ 160 Specific Gravity, Coarse, C 127 .......................................................... $ 75 Specilic Gravity, Fine, C 128 ............................................................... $ 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. 21 I I I I I I I I I I I I I I <~ ~ f.llV or CARLSBAD OTHER CHARGES May 23,2012 Proposal No. P-20702 City of Ca~sbad Qualifications to Provide Master Agreement Consulting Services Geotechnical Services Discipline Expert Witness Testimony ................................................................................................................................................ $ Concrete Coring Equipment (includes one technician) .................................................................................................. $ Special Preparation of Standard Test Specimens ........................................................................................................... $ Inclinometer Usage .............................................. ............................................................................................ ................ $ Vapor Emission Kits .......................................... ... . .............................................................................. .... .............. .. . . . . ..... $ Rebar Locator (Pachometer) ............................................................................................................................................ $ Nuclear Density Gauge Usage......................................................................................................................................... $ Field Vehicle Usage.......................................................................................................................................................... $ Asbestos Point Count Analysis (24-Hour TAT) ....................................... .................... .... .. .. ....................................... ..... $ Asbestos Point Count Analysis (72-Hour TAT) ............................ ..... .. ........................... .... .. ........................................... $ 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-HourTAT) ................................................................................................................................... $ TEM Bulk Analysis (72-Hour TAT) ................................................................................................................................... $ Lead Air, Dust Wipe, and Paint Chip Analysis (24-Hour TAT) ........................................................................................ $ 400/hr 160 /hr 85/hr 32/hr 30/kit 10/hr 9/hr 8/hr 65/ea 45/ea 65/ea 60/ea 12/ea 10/ea 12/ea 7.50/ea 85/ea 71/ea 12ea Direct Project Expenses.............................................................................................................................................. Cost plus 1 0 % 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 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 and 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 2011-2D Prevailing Wage Determination made by the State of California, Director of Industrial Rela- tions on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the lije 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 20