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HomeMy WebLinkAboutSimon Wong Engineering; 2009-10-07; PWENG707PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 COASTAL RAIL TRAIL REACH 4 & 5 BRIDGE DESIGN PROJECT NO. 3455 This first Project Task Description and Fee Allotment, is entered into on , pursuant to an Agreement between SIMON WONG ENGIEERING, A ~hlifornih corporation, ("Contractor") and the City of Carlsbad, ("City") dated October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide professional engineering services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 27, 2010, ("proposal"), attached as Appendix "A for the Coastal Rail Trail Reach 4 & 5, (the "Project"). The Project services shall include the scope of work as outlined in attached Appendix "A". PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within thirty (30) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two (2) years 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 percent complete. 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 Proiect Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $49,048.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT PROFESSIONAL ENGINEERING SERVICES + 4 - Executed by Contractor this 1 day of h- LL-'tac v , 2010. TASK GROUP 30% Submittal Phase 90% Submittal Phase 100% Submittal Phase TOTAL (Not-to-Exceed) CONTRACTOR: SIMON WONG ENGIEERING, a California corporation LUMP SUM FEE $1 5,373.00 $26,818.00 $6,857.00 $49,048.00 SIMON WONG ENGIEERING, a California corporation (name of Contractor) (name of Contractor By: flar L crev= 1, . (print nameltitle) (print nameltitle) ina @ Qiman wdnaena . row ; Jr0s48 Si rnm wan. ma;. cO* (e-mail addresb) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF - CARLSBAD, a municipal corporation of the State of California Date: 2-23-/z' APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: ~dputy City - ~ttorneq City Attorney Approved Version #07.24.02 S/MON WONG ENGINEERING January 27,2010 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Jacob Moeder SUBJECT: COASTAL RAIL TRAIL PEDESTRIAN BRIDGES Dear Jacob: Simon Wong Engineering (SWE) appreciates the opportunity to submit our proposal for the design of six pedestrian bridges along the proposed Coastal Rail Trail in Carlsbad, California. Enclosed is our scope of work and fee proposal for this project. This proposal does not include construction phase services. SWE's services will be required during construction to provide engineering support to review the contractor's shop drawings and caiculations. However, per your request, we estimate that these services would be provided on a time-and-materials basis with a not-to-exceed amount of $10,000. We look forward to continuing to work with you on this project. Sincerely, Vice President Assistant Engineer Simon Wong Engineering Simon Wong Engineering CC:rmc enc. 9968 Hibert Street. Second Floorm San Diego. CA 92131 (858) 566-31 13 FAX (858) 566-6844 SIMON WONG ENGINEERING COMPANY SCOPE OF ENGINEERING SERVICES PROJECT: COASTAL RAIL TRAIL PEDESTRIAN BRIDGES CLIENT: CITY OF CARLSBAD DATE: JANUARY 27,2010 1. PROJECT DESCRIPTION The project consists of a segment of the Coastal Rail Trail, starting north at Cannon Road and continuing south. The trail is adjacent to and just west of the North Country Transit District railway. A total of six pedestrian bridges are proposed along this stretch of trail, all with expected widths of 12 feet. Based on preliminary plans provided by the City of Carlsbad, lengths of these bridges appear to vary between approximately 60 feet and 110 feet. All six bridges will be single-span prefabricated steel truss bridges, bearing upon cast-in-place concrete abutments. The designs of the superstructures of the prefabricated trusses are assumed to be prepared and submitted by the contractor during the construction phase. Simon Wong Engineering (SWE) will provide abutment designs and specifications for contractor provided designs of the superstructures. It is assumed that abutments will be spread footings. This scope of work does not include construction phase services. However, SWE will need to review contractor provided shop drawings and calculations to assure compliance with the project plans and specifications. It. SCOPE OF WORK 30% Submittal 1. Attend relevant project development team meetings as required (two assumed at three hours each). 2. Coordinate with the City of Carlsbad to receive all relevant and needed information and documents, including civil drawings and geotechnical report. 3. Coordinate with prefabricated bridge suppliers to identify availability, cost, gross dimensions, weights, anchorage layouts, and materials options. 4. Finalize bridge layouts and coordinate with the City of Carlsbad to make any adjustments to profile grade as required. 5. Provide preliminary bridge general plans to show concepts, lengths, typical sections and plan views. 90% Submittal 1. Complete bridge design in accordance with AASHTO LRFD Bridge Design Specifications, Fourth Edition with California Amendments. Note that this code references the Caltrans Bridge Design Specifications (BDS) LFD Version April 2000 for the design of abutments. Scope of Engineering Services - Coastal Rail Trail Pedestrian Bridges City of Carlsbad January 27,2010 Page 2 2. Prepare 90% (checked) PS&E package consisting of drawings (to include General Plan, Notes and Specifications, Foundation Plan and Abutment Layout and Details), design calculations, special provisions and estimate. 3. Complete a quality control review in accordance with SWE's Quality Control Plan. 4. Submit 90% PS&E package to the City of Carlsbad for processing and review. 100% Submittal 1. Respond to City comments; make revisions as necessary. 2. Submit Final (100%) PS&E package. Ill. ENGINEERING SCHEDULE It is estimated that final design and 90% PS&E will require three (3) months to complete after receipt of notice to proceed and all necessary supporting information. We estimate an additional four (4) weeks to complete the 100% submittal after receipt of review comments by the City. IV. CONSULTANT COMPENSATION Simon Wong Engineering will provide our services for a fixed fee by phase basis with monthly invoices billed on our estimate of percent complete. The following fees are proposed: Phase Amount 30% Submittal Phase 90% Submittal Phase 100% Submittal Phase Total $49,048.00 (not-to-exceed) Reimbursable expenses including reproduction, printing, plotting, delivery services, and overnight shipping will be billed at our cost and have been included in the total indicated above. Additional services required, which are a result of unforeseen circumstances or changes in scope of work, would be considered as extra work and are not included in the fee shown above. ITEMS NOT INCLUDED v. The following items of work have not been included in our fee proposal for this project: 1. Alternatives analysis and studies 2. Survey services and topographical mapping 3. Utility location, coordination and design 4. Trail design and plans 5. Grading, drainage, and landscaping plans Scope of Engineering Services - Coastal Rail Trail Pedestrian Bridges City of Carlsbad January 27,2010 Page 3 Storm Water Pollution Prevention Plan (SWPPP), Storm Water Management Plan (SWMP), Best Management Practices (BMP), and erosion control plans Architectural details, renderings and ADA compliance evaluations Environmental permitting Construction permitting Geotechnical investigation and recommendations Bridge independent check calculations Bridge superstructure design Retaining wall design Fees for agency submittals and processing Construction phase services VI. INFORMATION TO BE PROVIDED BY OTHERS The following background and supporting information will be required to complete the final bridge design: 1. Trail design and plans 2. Final geotechnical recommendations 3. Environmental constraints SIMON WONG ENGINEERING PROPOSAL FOR CITY OF CARLSBAD COASTAL RAIL TRAIL SIX PREFABRICATED PEDESTRIAN BRIDGES SIMON WONG ENGINEERING 1/27/2010 2009 - 2010 Hourly Rate Schedule PROJECT MANAGER SENIOR ENGINEER ASSOCIATE ENGINEER ASSISTANT ENGINEER CADD DRAFTER PWENG707 MASTER AGREEMENT FOR PROFESSIONAL STRUCTURAL ENGINEERING SERVICES (SIMON WONG ENGINEERING) /\ THIS AGREEMENT is made and entered into as of the 7~C*~~' day of (^UJ~^-kj^ 2009, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and SIMON WONG ENGINEERING, INC., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in structural 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 structural engineering. D. Selection of Contractor is expected to achieve the desired results in an expedited fashion. E. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years starting December 6, 2009. City Attorney Approved Version #04/03/02 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 4 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Public Works Director or Deputy City Engineer, as his designee. The Public Works Director or Deputy City Engineer, as his designee will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred thousand dollars ($100,000) per Agreement year. The total amount of the Agreement shall not exceed three hundred thousand dollars ($300,000) for the complete Agreement term. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager, or Public Works Director, as his designee, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. City Attorney Approved Version #04/03/02 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. City Attorney Approved Version #04/03/02 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04/03/02 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name William Plummer ' Title Deputy City Engineer Dept Public Works - Design Division CITY OF CARLSBAD Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. (760) 602-2768 For Contractor: Name Title Mark Creveling, PE Project Manager SIMON WONG ENGINEERING Address 9968 Hibert Street, 2nd Floor San Diego, CA92131 Phone No. (858)566-3113 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04/03/02 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. 6 City Attorney Approved Version #04/03/02 Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version #04/03/02 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #04/03/02 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this_day of _, 20 CONTRACTOR: SIMON WONG ENGINEERING, INC. a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: (si^n here) M 1C L /w/ \t> r k L>re ue I fn\n / \A'* (print name/title) ATTEST: (sign he/6)' / L/ORRAfNlE M. W City Cl (print name/title) / I TfbST (#>Ai(n v\ u/Cnc, ^^T(e-mail address) (Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, document must be signed by one from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney BV: JQQl Of* Deputy City Attorn City Attorney Approved Version #04/03/02 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On JuJNpfl before me, \\6Jtt- (Here insert name and title of th£ officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nW hand and official seal. TERRI LONDON COMMJ1650440 M NOTARY FUtLIC-CAUFOKHU *JSAN DIEGO COUNTY .Mr COM*. Ex>. MM. 10,2010 f Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT iju- 'itle or description of attached document) (Title or description of attached document continued) Number of Pages JD Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) JZf Coraorate Officer . \lt « ^M-USM^ / D D D D (Title) J Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/Aeyr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. <• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •J* Indicate title or type of attached document, number of pages and date. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT "A' AAA SIMON WONG ENGINEERING SCHEDULE OF FEES January 2009 HOURLY CHARGES PRINCIPAL ENGINEER $225.00 PROJECT MANAGER $175.00 SENIOR STRUCTURAL/BRIDGE ENGINEER $173.00 SENIOR ENGINEER I $165.00 SENIOR ENGINEER II/PROJECT ENGINEER $142.00 ASSOCIATE ENGINEER I $125.00 ASSOCIATE ENGINEER II $118.00 ASSISTANT ENGINEER $99.00 ENGINEERING INTERN $68.00 SENIOR TECHNICIAN $139.00 SENIOR CADD TECHNICIAN $100.00 CAOD TECHNICIAN $83.00 CLERICAL $72.00 CONSTRUCTION MANAGER $175.00 RESIDENT ENGINEER $165.00 SENIOR INSPECTOR I $142.00 SENIOR INSPECTOR II $122.00 INSPECTOR $105.00 EXPERT WITNESS $295.00 VE CONSULTING $225.00 Hourly charges include provisions for normal overhead costs such as fringe benefits, office rental, utilities, insurance, clerical services, equipment, normal supplies and materials, and in- house reproduction services. Mileage shall be reimbursed at a rate of 48.5 cents per mile or as agreed to with the client on a monthly basis. All other costs, including subconsultants, shall be reimbursed at a rate of cost plus 10%. Rates for inspectors are not based on Prevailing Wage projects. -,nd9968 Hibert Street, 2™ Floor • San Diego, CA 92131 • (858) 566-3113 • FAX (858) 566-6844