HomeMy WebLinkAboutSimon Wong Engineering; 2014-08-12; TRAN1110IRAN1110
AGREEIVIENT FOR PROFESSIONAL ENGINEERING SERVICES
FOR CARLSBAD BOULEVARD OVERHEAD RAILING IIVIPROVEIVIENTS
SIMON WONG ENGINEERING
THIS AGREEMENT is made and entered into as of the / day of
vli7,/i//y{^ 7^ , 2014, by and between the CITY OF CARLSBAD, a municipal corporation,
("City'^nd SIMON WONG ENGINEERING, a wholly-owned subsidiary of Kleinfelder, Inc., a
Califomia corporation ("Contractor").
RECITALS
A. City requires the professional sen/ices of a civil engineering consultant that is
experienced in bid and construction support.
B. Contractor has the necessary experience in providing professional services and
advice related to bridge railing improvements, located on Carlsbad Boulevard over the San Diego
Northern Railroad.
C. 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", referencing the Simon Wong proposal dated
July 7, 2014, which is incorporated by this reference in accordance with this Agreement's terms
and conditions.
2. STANDARD OF PERFORMANCE
While performing the Sen/ices, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern Califomia 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 two (2) years from the date first above
written. The City Manager may amend the Agreement to extend it for one (1) additional one (1)
year period or parts thereof in an amount not to exceed fifteen thousand dollars ($15,000) per
Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance.
City needs, and appropriation of funds by the City Council. The parties will prepare a written
amendment indicating the effective date and length ofthe extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
fifteen thousand dollars ($15,000). No other compensation for the Services will be allowed except
for items covered by sutjsequent amendments to this Agreement.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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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 ofthis 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 by any negligence,
recklessness, or willful misconduct 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 ofthis 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 OR with a surplus line
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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.
10.1.1 Commercial General Liabilitv Insurance $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement orthe general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's
work for City). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
10.1.3 Workers' Compensation and Employer's Liabilitv Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation insurance will not be
required if Contractor has no employees and provides, to City's satisfaction, a declaration stating
this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion ofthe work.
I I If box is checked. Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to 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
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replacement insurance or pay the premiums that are due on existing policies in orderto 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 Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be cleariy identifiable. Contractor will allow a representative of 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 underthis 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 Citv For Contractor
Name Brandon Miles Name Craig Shannon, P.E.
Title Associate Engineer Title Principal Engineer
Dept PW Transportation Address 550 West C Street, Ste. 1200
City of Carisbad San Diego, CA 92101
Address 1635 FaradayAvenue Phone No. 619 831 4600
Carisbad, CA 92008 Email CShannon(a)kleinfelder.com
Phone No. 760 602 2745
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.
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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 Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully infonned 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. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION
REQUIREMENTS AND REGULATIONS GENERAL
To ensure equal participation of DBEs as provided in 49 CFR 26.5, the DBE participation
goal forthis contract is 12.5 percent.
Contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. Contractor shall carry out applicable requirements of 49 CFR part
26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out
these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as the recipient deems appropriate.
Contractor shall include the following in each subcontract Contractor signs with a subcontractor:
1. A subcontractor shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this Agreement.
2. The subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration ofthis Agreement.
3. Contractors shall include in their subcontracts, language providing the use of
appropriate alternative dispute resolution mechanisms to resolve payment disputes.
A. Performance of DBE Contractors, Subcontractors and Suppliers
DBE prime contractors must perform at least 30 percent of the total cost of this Agreement with
their own work force.
DBE subcontractors shall perform the work and supply the materials for which they have been
listed in the Contractor's response to the Agreement award requirements in Exhibit 15-G of
Caltrans' Local Assistance Procedures IVlanual (LAPM), unless Contractor has received prior
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written authorization to perform the work with other forces or to obtain the materials from other
sources as set forth in Paragraph F, "DBE Substitution and Additions", ofthis Section.
B. Prompt Payment to DBE and Non-DBE Contractors
The Contractor shall not be entitled to any payment for the work or material, unless it is performed
or supplied by the listed subcontractors (DBE or non-DBE), or by Contractor's own forces,
pursuant to prior written authorization of the Contract Manager. The provisions of this Paragraph
B apply even if other Agreement wori< is not completed and has not been accepted in
conformance with the terms ofthe Agreement by the City.
The Contractor shall pay all DBE subcontractors and non-DBE subcontractors for satisfactory
performance of their contracts within ten (10) days from receipt of each payment from the City
made to Contractor.
C. Prompt Payment Progress Pay Retention to DBE and Non-DBE Subcontractors
Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after
receiving payment for work satisfactorily completed, even if other contract work is not completed
and has not been accepted in conformance with the terms of this Agreement. This requirement
shall not be construed to limit or impair any contractual, administrative, or judicial remedies
othenwise available to Contractor or subcontractor in the event of a dispute involving late payment
or nonpayment to the Contractor or deficient subcontract performance or noncompliance by a
subcontractor.
D. DBE and Non-DBE Subcontractor Payment Records
Contractor, in addition to maintaining records showing the name and business address of each
first tier subcontractor, shall also show the name and business address of every DBE
subcontractor, and DBE vendor of materials, regardless of tier. Said records shall show the date
of payment and the total dollar figure paid to all DBE firms. DBE prime contractors shall also show
the date of work performed by their own forces along with the corresponding dollar value of work.
Upon completion ofthe Agreement, a summary of these records shall be prepared on Exhibit 17-
F of Caltrans' Local Assistance Procedures Manual (LAPM) and certified correct by Contractor or
Contractor's authorized representative, and shall be furnished to the Contract Manager with the
final invoice. Failure to provide the summary of DBE payments with the final invoice will result in
the invoice being in dispute until the report is received.
E. Penalty Assessed for Failure to Provide Subcontractor Payment Records
25% of the dollar value of the invoice will be withheld from payment if Exhibit 17-F of Caltrans'
LAPM is not submitted. The amount will be paid to Contractor when the form is submitted.
F. DBE Substitutions or Additions
Contractor may not substitute, or terminate for convenience, a subcontractor or supplier listed in
the original bid/proposal without the prior written approval of the Contract Manager. However,
upon written approval from City, Contractor may add a firm to perform work originally planned to
be done by Contractor's own forces.
Contractor must make an adequate good faith effort to find another certified DBE subcontractor
to substitute for the original DBE. Contractor will be required to make good faith efforts to replace
the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the
Agreement goal.
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The requirement that DBEs must be certified by the bid opening date does not apply to DBE
substitutions or additions after execution of the Agreement. DBEs must be certified at the time of
the substitution or addition.
Contractors shall submit requests for substitution in writing to the Contract Manager. Authorization
to use other subcontractors or suppliers may be requested for the following reasons:
1. The listed DBE subcontractor fails or refuses to execute a written contract;
2. The listed DBE subcontractor fails or refuses to perform the work of its subcontract
in a way consistent with normal industry standards. Provided, however, that good
cause does not exist if the failure or refusal of the DBE subcontractor to perform
its work on the subcontract results from the bad faith or discriminatory action ofthe
prime contractor;
3. The listed DBE subcontractor fails or refuses to meet the prime contractor's
reasonable, nondiscriminatory bond requirements.
4. The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit
unworthiness;
5. The listed DBE subcontractor is ineligible to work on public works projects because
of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and
1,200, Section 1777.1 or 1777.7 of the California Labor Code or other applicable
state law;
6. City has determined that the listed DBE subcontractor is not a responsible
contractor;
7. The listed DBE subcontractor voluntarily withdraws from the project and provides
written notice of its withdrawal;
8. The listed DBE is ineligible to receive DBE credit for the type ofwork required;
9. A DBE owner dies or becomes disabled with the result that the listed DBE
contractor is unable to complete its work on the contract;
10. Other documented good cause that City determines compels the termination of the
DBE subcontractor. Provided, that good cause does not exist if the prime
contractor seeks to terminate a DBE it relied upon to obtain the contract so that
the prime contractor can self-perform the work for which the DBE contractor was
engaged or so that the prime contractor can substitute another DBE or non-DBE
contractor after contract award.
Prior to submittal of Contractor's request for substitution to the Contract Manager, the Contractor
shall give notice in writing to the listed DBE subcontractor of Contractor's request to substitute
and the reasons for the request. The notice shall be served by certified or registered mail to the
last known address of the subcontractor and a copy of the notice shall be sent to the Contract
Manager. The listed subcontractor who has been so notified, shall have five working days within
which to submit written objections to the substitution to the Contract Manager. Failure to respond
to a written objection shall constitute the listed subcontractor's consent to the substitution.
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G. Termination of a DBE
In conformance with Federal DBE regulation 49 CFR Sections 26.53(f) and 26.53(g), Contractor
shall not:
1. Terminate for convenience a listed DBE subcontractor and then perform that work
with its own forces (personnel), or those of an affiliate, unless Contractor has
received prior written authorization from the Contract Manager to perform the work
with other forces or to obtain materials from other sources
2. If a DBE subcontractor is terminated or fails to complete its work for any reason,
the Contractor will be required to make good faith efforts to replace the original
DBE subcontractor with another DBE subcontractor to the extent needed to meet
the Agreement goal.
H. DBE Certification Status
If a DBE subcontractor is decertified during the life of this Agreement, the decertified
subcontractor shall notify Contractor in writing with the date of decertification. If a subcontractor
becomes a certified DBE during the life of this Agreement, the subcontractor shall notify
Contractor in writing with the date of certification.
Upon completion of the Agreement, Contractor shall complete Exhibit 17-F, of Caltrans' LAPM,
indicating the DBEs certification status and shall be signed and certified correct by Contractor.
The certified form shall be furnished to the Contract Manager within thirty (30) days from the date
of completion of the Agreement.
I. DBE Eligibility Toward Goal
The dollar value of work perfonned by a DBE is credited/counted toward the goal only after
the DBE has been paid.
2. Credit for Material or Supplies
Credit for materials or supplies purchased from DBEs will be as follows:
a) If the materials or supplies are obtained from a DBE manufacturer, 100 percent of
the cost of the materials or supplies will count toward the DBE goal.
b) Ifthe materials or supplies purchased from a DBE regular dealer, 60 percent ofthe
cost of the materials or supplies will count toward the DBE goal.
c) Packagers, brokers, manufacturers' representatives, or other persons who
arrange or expedite transactions are not DBE regular dealers within the meaning
ofthis paragraph.
d) Credit for materials or supplies purchased from a DBE which is neither a
manufacturer nor a regular dealer will be limited to the entire amount of fees or
commissions charged for assistance in the procurement of the materials and
supplies, or fees or transportation charges for the delivery of materials or supplies,
provided the fees are reasonable and not excessive as compared with fees
charged for similar services.
20. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othenA/ise settled by agreement
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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. Ifthe resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be fonwarded 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.
21. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Sen/ices, City may
tenninate 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 ofthe percentage ofwork
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 ofthe 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 wori< product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
perfonned to the termination date; however, the total will not exceed the lump sum fee payable
underthis Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
22. 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 ofthis Agreement. For breach or violation
ofthis wan-anty. City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or othenwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
23. 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 seg.,
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 ofthe false information or in reckless disregard ofthe 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 attomey'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
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a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
24. 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.
25. 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.
26. 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
ofthe 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.
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27. 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 ofthis Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
SIMON WONG ENGINEERING, a corporation of the State of California
wholly-owned subsidiary of Kleinfelder,
Inc., a California corporation
f\i Moijdgoff or Mayor
Ifnhere)
(print nan^/title) ^
(j^-mail address)
7^/.K
(print nameiiti*le)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each
ofthe following two groups.
*Group A. '**Group B.
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.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
Assistant City Attornev'
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EXHIBIT "A"
KLEINFELDER
Bffght People Kt^ht ioi^iiOfii
July 7, 2014
Simon Wong Engmeering
Brandon Miles, P.E.,T.E.
/Associate Engineer
Public Works - Transportation
City of Carlsbad
1635 Faraday Avenue
CaHsbad, CA 92008
SUBJECT: CARLSBAD BRIDGE RAILING IMPROVEMENT PROJECT - BID AND CONSTRUaiON SUPPORT
SERVICES
Dear Mr. Miles:
Simon Wong Engineering (SWE) has submitted the final PS&E package to the City for bidding purposes. With
this submittal, we transition into the final phase of this contract - Bid and Construction Support. SWE, with
subconsultant services provided by RBF Consulting, will provide bid and construction support services forthe
following tasks as part of this contract:
1) Attend one (1) pre-bid meeting and respond to questions from prospective bidders
2) Respond to bid phase RFIs (up to 10 hours)
3) Coordinate with the City of Carisbad inspection staff (as needed)
4) Attend one (1) pre-construction meeting
5) Respond to construction phase RFIs (up to 20 hours)
6) Review Contractor's shop drawing submittals (up to 15 hours)
7) Attend project meetings and site visits as requested by the City (up to 12 hours)
The total fee for this service is $15,000 and will be billed on a time and material (T&M) basis based on our
most current hourly rate schedule. We have attached our 2014 rate schedule for reference.
We are excited to see this project out for construction and we look forward to continuing our relationship with
the City of Carisbad.
Sincerely,
Craig Stfannon, P.E.
Principal Engineer
CS:kb
att.
550 West C Street, Suite 1200, San Diego, CA 92101 p 1619.831.4600 f | 619.232.1039
KLEINFELDER
SCHEDULE OF FEES
January 2014
HOURLY CHARGES
PRINCIPAL ENGINEER
PROJEa MANAGER
SENIOR STRUaURAL/BRIDGE ENGINEER
SENIOR ENGINEER I
SENIOR ENGINEER ll/PROJEa ENGINEER
ASSOCIATE ENGINEER I
ASSOCIATE ENGINEER II
ASSISTANT ENGINEER
ENGINEERING INTERN
SENIOR TECHNICIAN
SENIOR CADD TECHNICIAN
CADD TECHNICIAN
PROJECT CONTROLS/ADMINISTRATIVE
CONSTRUCTION MANAGER
RESIDENT ENGINEER
INSPEaOR I
INSPECTOR II
INSPECTOR III
VE CONSULTING
$270.00
$205.00
$200.00
$190.00
$160.00
$145.00
$135.00
$115.00
$80.00
$170.00
$120.00
$100.00
$80.00
$205.00
$200.00
$160.00
$145.00
$140.00
$270.00
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 56.0 cents per mile or as agreed to with the client on a monthly basis. All other
costs shall be reimbursed at a rate of cost plus 10%. Rates shown are valid through
December 31,2014. Rates for inspectors are not based on Prevailing Wage projects.
550 WestC street. Suite 1200 • San Diego, CA 92101 • 619-831-4600 • FAX 619-232-1039