Loading...
HomeMy WebLinkAbout2004-01-13; City Council; 17450; Construction Mgmt, Inspection & Testing Agreements5# 17,450 - TITLE: APPROVAL OF AS-NEEDED PROFESSIONAL SERVICE AGREEMENTS FOR AND MATERIALS TESTING ITG. 1 I1 3104 CONSTRUCTION MANAGEMENT, INSPECTION, IEPT. ENG ITEM EXPLANATION: CITY ATTY.~? CITY MGR. With the current levels of public and private construction activity within the City, it is desirable to support and augment City staff with outside professional services to provide construction management, inspection, and materials testing on an as-needed basis. The City currently has three firms under contract that provide these services. The existing contract with Aufbau Corporation expires January 18, 2004; the contract with Simon Wong Engineering, Inc. expires June 30, 2004; and the contract with Testing Engineers - San Diego, Inc. expires January 17, 2004. These existing contracts can’t be extended further. In August of 2003, the City sent out a request for a Statement of Qualifications (SOQs) for professional services. Staff received 12 SOQs for construction management and inspection services and received 6 SOQs for materials testing and inspection. A selection committee evaluated the SOQs consistent with Carlsbad Municipal Code Section 3.28.070 to determine the most qualified firms. The following tables outline the firm’s ranking based on the committee’s evaluation of the SOQs submitted. Materials Testing Firm Ranking , Testing Engineers - San Diego, Inc. 1 GeoTek, Inc. 2 Geopacifica, Inc. I12 Construction Testing & Engineering, Inc. Southern California Soil & Testing, Inc. 13 14 Kleinfelder, Inc. 15 Group Delta Consultants, Inc. 16 Staff is recommending that a professional service agreement for construction management and inspection services be awarded to Aufbau Corporation. Staff is also recommending that a professional service agreement for materials testing and inspection services be awarded to Testing Engineers - San Diego, Inc. The contracts will be managed by City staff, in the Construction Management & Inspection Division of the Engineering Department. It is estimated that the City will require approximately $700,000 to $1,700,000 annually in as-needed construction management, inspection, and materials testing services for professional services for both private and public engineering construction projects over the life of the contracts to support I Page 2 of Agenda Bill No. 17*450 Aufbau Corporation Total Testing Engineers - San Diego, Inc. staff. The range in estimated cost is due to the uncertainty of project timing. During FY 02-03 the City spent $702,824.48 for these as-needed services. Staff is recommending a total aggregate amount of $600,000. Each firm is limited in total dollar amount for any given contract term as outlined below. $400,000 $600,000 $200,000 There is no obligation on the City’s part to utilize any services provided by the selected firms. The firms provide services at the City’s discretion. Funds for CIP construction management, inspection and testing are typically unavailable until allocated by the City Council when they award a CIP construction project. FISCAL IMPACT: The maximum amounts payable by the City to each consultant during any fiscal year are shown on the following table. Funding for these professional services is provided by the Engineering Department Operating Budget or the City’s Capital Improvement Program and contingent upon the availability of approved appropriations. EXHIBITS: 1. Resolution No. 2004-003 approving professional service agreements with Aufbau Corporation, and Testing Engineers - San Diego, Inc. 2. Agreement between the City of Carlsbad and Aufbau Corporation for as-needed construction management and inspection services. 3. Agreement between the City of Carlsbad and Testing Engineers - San Diego, Inc. for as-needed materials testing and inspection services. DEPARTMENT CONTACT: Skip Hammann, (760) 602-2780 x 78321, shamm@ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2o04-oo3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROFESSIONAL SEVICE AGREEMENTS FOR CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIALS TESTING WITH AUFBAU CORPORATION; AND TESTING ENGINEERS - SAN DIEGO. INC. WHEREAS, the City Council of the City of Carlsbad, California, has reviewed the need for :onstruction management, inspection and materials testing consultant services by the Department if Public Works for construction projects within the City on an ongoing, as-needed basis in order o maintain service levels; and WHEREAS, the Department of Public Works solicited, received and reviewed Statements if Qualifications for as-needed professional services for construction management, inspection and materials testing consistent with Carlsbad Municipal Code section 3.28.070; and WHEREAS, subsequent to a review of the Statements of Qualifications, staff *ecommends Aufbau Corporation, and Testing Engineers - San Diego, Inc. as the most qualified :onsuitants; and WHEREAS, funding for these professional services is provided by the Engineering lepartment operating budget or the City’s capital improvement program and is contingent upon availability of approved appropriations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, >alifornia, as follows: 1. 2. That the above recitations are true and correct. That agreements with Aufbau Corporation, and Testing Engineers - San Diego, Inc., are hereby :opies of which are attached as Exhibits 2 thru 3 to Agenda Bill No. 171450 ipproved. I I I I I 3 1 2 3 4 5 6 7 8 9 10 11 12 13 I? 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the agreements with Aufbau Corporation, and Testing Engineers - San Diego, Inc. for, and on behalf of, the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13th day of Januarv , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard ATTEST ,n Page 2 of 2 of Resolution No. 2004-003 (SEAL) 4 AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (AU FBAU CORPORATION) THIS AGREEMENT is made and entered into as of the 2,' day of and between the CITY OF CARLSBAD, a municipal CORPORATION, a Corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its experienced in construction management and inspections. services and advice related to construction management and inspection. expedited fashion. 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: I. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit %I", which is incorporated by 'this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable mofessional 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 from the date first above written to June 30, 2004. The City Manager may amend the Agreement to extend it for four (4) additional one (I) year periods or parts thereof in an amount not to exceed four hundred thousand dollars ($400,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #04.01.02 1 C:/Documents and Settings/kbroo/Local Settings/Temp/Aufbau PSA (1 0-8-03).doc 5 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred thousand dollars ($200,000) and four hundred thousand dollars ($400,000) in subsequent Agreement years. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version #04.01.02 2 C:/Documents and Settings/kbroo/Local SettingsTTemp/Aufbau PSA (1 0-8-03).doc 6 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. IO. 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". IO. 1 Coveraaes and Limits. Contractor will maintain the types of coverages and .minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile 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. City Attorney Approved Version #04.01.02 3 C:/Documents and Settings/kbroo/Local Settings/Temp/Aufbau PSA (1 0-8-03).doc 7 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 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 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 Providincl 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. 1 I. 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 W4.01.02 4 CJDocuments and SettingslkbrooRocal Settings/Temp/Aufbau PSA (1 0-8-03).doc 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 (I) 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 Contract& 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: For Citv: Name Conrad C. Hammann, Jr. Title Deputv Citv Engineer Department Engineering City of Carlsbad Address 5950 El Camino Real Carlsbad, CA 92008 Phone No. (760) 602-2780 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 Attorney Approved Version #04.01.02 5 C:\Documents and Settings\kbroo\Local Settings\Temp\Aufbau PSA (1 0-8-03).doc City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. 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 (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01.02 6 C:\Docurnents and Settingskbroo\Local Settings\Ternp\Aufbau PSA (1 0-8-03).doc IO 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #04.01.02 7 C:\Documents and Settings\kbroo\Local Settings\TempMufbau PSA (1 0-8-03).doc acknowledges debarment by another jurisdiction is grounds for City to terminate this Agree men t . 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 f& by-this Agreement' will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #04.01.02 8 C:\Documents and Settings\kbroo\Local Settings\Temp\Aufbau PSA (10-8-03).doc 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sign here) CITY QF CARLSBAD. a AuAiciDal L/”H #5/+7R/H4, Pk%/ DE w- ATTEST: (print namehitle) VA@ V/&//&/7/ ansa &u/ A4 c?u. corn (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION S E RVI C ES (AUFBAU CORPORATION) 9 City Attorney Approved Version #04.01.02 C:\Documents and Settingskbroo\Local Settings\Temp\Aufbau PSA (1 0-8-03).doc I3 EXHIBIT “A” SCOPE OF SERVICES Construction Manaaer/ Project Manaaer: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Conduct constructibility reviews Conduct Value Engineering Conduct pre-bid conference Conduct pre-construction meeting Supervise the Structures Representative’s and Resident Engineer‘s operations Prepare construction Critical Path Method (CPM) schedule Review contractor‘s baseline schedule Review and analyze the contractor’s monthly schedule updates Provide project progress reports Prepare general correspondences and immediate action memos Contract administration/Fund management Project controls Cost controls Change order negotiations with contractor Agency coordination Permit coordination Community relations Claims avoidance Review/approve contractor’s progress payments Review construction claims Claims analysis and dispute resolution Establish Safety Officer Prepare certificates of completion Final progress payment report and retention release Structures Renresentative: 0 0 0 0 0 0 0 0 0 0 Participate in constructibility reviews Conduct structure inspections Supervise structure inspection operations Review and approve contractor’s schedule of values Review and approve shoring and falsework designs Review and approve monthly CPM updates Review submittal packages/shop drawings Review and log answers to Request for Information (RFI) requested by the contractor Change order review, approval and management Prepare Daily Reports/ Review Daily Reports prepared by inspection staff City Attorney Approved Version #04.01.02 10 Resident Enaineer: Participate in constructibility reviews Conduct general inspections Supervise general inspection operations Review and approve contractor’s schedule of values Review and approve monthly CPM updates Review submittal packages/shop drawings Review and log answers to Request for Information (RFI) requested by the contractor Change order review, approval and management Prepare Daily Reports/ Review Daily Reports prepared by the inspection staff Senior Construction Inmector: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Inspection of excavations and embankments Inspection of mass and precise grading operations Inspection of sub-grade, checking of grade and alignment Inspection of surface treatments, pavements, and seal coats Inspection of storm drain mainlines, laterals, manholes, junction structures, and catch basins Inspection of flood control channels/structures Inspection of potable and reclaimed water line installations Inspection of sanitary sewer improvements Inspection of traffic signals, pavement marking, and striping Inspection of signing Inspection of lighting and sign illumination Inspection of structures, bridges, retaining walls Inspection of shoring/falsework Inspection of landscaping and highway planting Inspection of irrigation facilities Inspection of lift stations/pumping facilities Attend pre-construction meetings Review submittal packages and shop drawings/verify compliance to project plans Monitoring permit acquisitions and regulatory agency approvals Community outreach/public relations Prepare inspection reports/daily diaries Digital still and video documentation of existing and on going site conditions Prepare accident/incident report Measure, calculate, and tabulate pay quantities Monitor quality control/quality assurance operations Conduct interviews of contractor’s employee for labor compliance of prevailing wages Monitoring erosion control/dust control operations Monitoring environmental protection operations/NPDES requirements Monitoring traffic control/safety procedures Monitoring utility relocation City Attorney Approved Version #04.01.02 11 o Monitoring extra work o Provide as-needed construction management support services o Prepare “As-Built” red-line drawings o Prepare punch list items/ project closeout Office Enclineer: $110.00 $102.00 $94.00 $78.00 Establish document control system Maintain document control Develop Agency contact list Schedule meetings Record and distribute meeting minutes Prepare Construction Manager’s/Project Manager‘s monthly reports Assist Construction Manager/Project Manager as needed Receive, review, and verify vendor invoices Community outreach/relations $110.00 $110.00 $102.00 $102.00 $94.00 $94.00 $78.00 $78.00 3 Services I $67.00 I $67.00 The rate schedule is for professional services provided on an as-needed hourly basis by Aufbau staff. $67.00 Classification: Construction Manager/Project Manager Structural Representative Resident Engineer Senior Construction Inspector - Public Works Projects** Senior Construction Inspector - Non - Public Works Projects** Office Engineer I Hourly Rates * I Overtime Dailv/Saturdav I Sundav/Holidav I $69.00 I $69.00 1 $69.00 1 * Rates are good through December 31, 2004 - The rate for the classification of “Senior Construction Inspector - Public Works Projects” is subject to change effective July 1, 2004, in proportion to the anticipated increase in the minimum prevailing wages by the State of California Department of Industrial Relations. All hourly rates include the costs associated with a vehicle, a cellular uhone, a notebook computer, and liqht tools. ** Public Works as defined in Part 7, Chapter 1, Article 1, Sections 1720-1743 of the California Labor Code. City Attorney Approved Version #04.01.02 12 Id Temporary Staffing Rates - Citv Identified Staff (I) Straight- Time Classification: Construction Manager/Project Manager Structural Representative Resident Engineer Senior Construction Inspector - Public Works Projects (2) Senior Construction Inspector - Non - Public Works Projects Office Engineer Overtime Daily/Saturday I Sunday/Holiday Not-to-Exceed Hourly Rate Percentages Based on Employee‘s Hourly Pay Rate. Excludes Vehicle/Cellular Phone Costs Straight- Overtime Time Daily/Saturday I Sunday/Holiday (1) Rates are good through December 31, 2004 (2) Public Works as defined in Part 7, Chapter 1, Article 1, Sections 1720-1743 of the California Labor Code. (3) For Public Work Projects - The straight-time billing rate will be 152% of the employee’s pay rate or $60.00/hour whichever is higher. (4) For Public Work Projects - The daily/Saturday billing rate will be 228% of the employee’s pay rate or $78.00/hour whichever is higher. (5) For Public Work Projects - The Sunday/holiday billing rate will be 228% of the employee’s pay rate or $98.00/hour whichever is higher. (6) To cover the costs associated with the use of a Company vehicle and cellular phone, $9.00/hour will be added to the employee billing rates. Example: Classification: Construction Manager/Project Manager at $50/hr Structural Representative at $48/hr Resident Engineer at $45/hr Sr. Construction Inspector - Public Works Projects at $30/hr (2) Sr. Construction Inspector - Public Works Projects at $40/hr (2) Sr. Construction Inspector - Non - Public Works Projects at $30/hr Office Engineer at $25/hr For the above example should the Sr. Construction Inspector for Non-Public Works Projects is provided with a Company vehicle and cellular phone, hidher straight-time hourly rate would be $45.60 +$9.00 = $54.60/hour. City Attorney Approved Version #04.01.02 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r~~~~~~~~~~~-~-~~~~~~~~~~~-~~~-~~~~~-~~~~~~ 8 } SS. State of California County of /& ihb&k On /0)2;> / Dale 0 3 personally appeared bf&%fi 'WA 'Tfc//*' a" before me, ,c A, b6/1K,uS?s . , Name and itle of Officer (e g , ''Jane Doe, Notary Public") /i*fiid i4GTMim Name@ of Signer(s) & ally known to me 7 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 VI IIVIV~L Jhough the information below is not required by law, it may prove valuable io persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: AG~&G'b'fb@ & kb Qzw C@lg~&!L? Document Date: 27 Lo.? Number of Pages: I5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 3 Signer's Name: 0 Partner - Limited C 0 Individual Sorporate Officer - Title(s): Signer Is Representing: &X.cm I fl&vcm 0 1999 National Notary Association - 9350 De Soto Ave , P 0 Box 2402 . Chatsworih, CA 91313-2402 * www natlonalnotary org Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 RESOLUTION OF THE BOARD OF DIRECTORS OF AUFBAU CORPORATION Pursuant to the provisions of California Code Section 304(b), the undersigned being all of the members of the Board of Directors of Aufbau Corporation hereby consent to the following resolution: RESOLVED, that either LIANA ASATRIAN, the President and the Chief Financial Officer of Aufbau Corporation, or VARTAN V. VARTA"S the Vice-president and the Secretary of Aufbau Corporation, are the persons authorized to execute any and all contractual agreements on behalf of the Corporation. IN WITNESS WHEREOF, the undersigned have executed this certificate this 10th day of April, 2000. Aufbau Corporation, a California Corporation .w Liana Asatrian, Director Vartan V. Vartanians, Director AGREEMENT FOR AS-NEEDED MATERIALS TESTING AND INSPECTION (TESTING ENGINEERS - SAN DIEGO, INC.) SERVICES day of B THIS AGREEMENT is made and entered into as of the zn +bruarcr\ , 20 09 , by and between the CITY OF CARLSBAD, a municipal corporati&, ("City"), and TESTING ENGINEERS - SAN DIEGO, INC., a Corporation , ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its experienced in materials testing and inspections. services and advice related to materials testing and inspection. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective from the date first above written to June 30, 2004. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed two hundred thousand dollars ($200,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE City Attorney Approved Version #04.01.02 1 C:/Documents and Settings/kbroo/Local Settings/Temp/Testing Engineers - San Diego PSA 10-6-03.doc 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred thousand dollars ($100,000) and two hundred thousand dollars ($200,000) thereafter. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work andlor Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for arty 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. City Attorney Approved Version #04.01.02 2 C:/Documents and Settings/kbroo/Local SettingsTTempflesting Engineers - San Diego PSA 10-6-03.doc 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". IO. 1 Coveraaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1 .I 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 or the 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 Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability City Attorney Approved Version #04.01.02 3 CYDocurnents and Settings/kbroo/Local SettingslTemplTesting Engineers - San Diego PSA 10-6-03.doc 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 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 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 Coveraqe. 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 resewes the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 1 I. 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 4 City Attorney Approved Version #04.01.02 CYDocuments and Settings/kbroo/Local Settingsflemp/Testing Engineers - San .Diego PSA 10-6-03.doc 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 and maintain as it determines appropriate 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 Conrad C. Hammann, Jr. Namew-d Title Deputv Citv Engineer Title ReS/H Department Enqineering Address 7 E?.. &m ff && td SM Dl&b 1 & &,,/ City of Carlsbad Address 5950 El Camino Real Phone No. #?d’7;5- 5600 Carlsbad, CA 92008 Phone No. (760) 602-2780 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 #04.01.02 5 C:\Documents and Settings\kbroo\Local Settings\Temp\Testing Engineers - San Diego PSA 10-6-03.doc 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 (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01.02 6 C:\Documents and Settingskbroo\Local Settings\Temp\Testing Engineers - San Diego PSA 10-6-03.doc 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea, the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #04.01.02 7 C:\Documents and Settings\kbroo\Local Settings\Temp\Testing Engineers - San Diego PSA 10-6-03.doc 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 6r bythis Agreement-will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #04.01.02 8 C:\Documents and Settings\kbroo\Local Settings\Temp\Testing Engineers - San Diego PSA 10-6-03.doc 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. h CONTRACTOR (print namehitle) / (e-mail address) qt9.J -con7 hXQS5 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney TESTING AND INSPECTION SERVICES (TESTING ENGINEERS - SAN DIEGO, INC.) City Attorney Approved Version #04.01.02 9 C:\Documents and Settingskbroo\Local Settings\Temp\Testing Engineers - San Diego PSA 10-6-03.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } SS. State of California County of San Dieso On personally appeared Barbara K. Farkas, Notary Public i Name(s) of Signer(S) [z1 personally known to me &'$roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instru acknowledged to me that the same in capacity(ies), signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. and and Place Notary Seal Above OPTlONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of form to another document. f wwur $/ Description of Attache I Title or Type of Document: Number of Pages: /4 / Document Date: - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ~. Signer@) Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: / EXHIBIT “A” SCOPE OF SERVICES Project Engineer / Geologist / Architect Independent Quality Assurance Sampler and Tester Soil Technician includes nuclear gauge or mobile laboratory Registered Special Inspector ACI Technician I Field Technician Senior Construction Inspector* Associate Construction Inspector* Construction Inspector” (Conc., Mason, Weld, PT, Piles, Fireproof) $64.45 $65.55 $65.55 $65.55 $65.55 $65.55 $6 1 .50* Anchor Pull Tests - up to 30 tons Batch Plant Inspector (Joel Sanders) $65.55 Coring / Sawing Operator & Equipment $91.50 Reinforcinq Steel Location $61.50* Pickup/Delivery (per trip within San Diego County) Processing Prevailing Wage Payroll (per week) $30.00 $25.00 The above quoted personnel rates are based upon the General Prevailing Wage Determinations for Building/Construction Inspectors and Field Soils and Material Testers. Should the prevailing wage rate change our rates may change based upon the prevailing wage rate in effect at that time, but our rates will maintain the same multiplier as the above rates have established. Minimum Charqes: Two hours minimum will be charged for unscheduled cancellations of less than 24-hour notice. Four hours minimum will be charged for work performed up to four hours with two-hour increments thereafter. Per Diem and Travel Expenses: In accordance with the California Department of Personnel Administration travel and per diem guidelines for non-represented employees. City Attorney Approved Version #04.01.02 10 Schedulina: A minimum of 24 hours notice is required to schedule or cancel personnel. If less than 24 hours notice is provided on a cancellation, a cancellation charge of two hours will be assessed. Scheduled calls should go to our dispatcher. Overtime Rates: - Overtime Rates will be in accordance with the General Prevailing Wage Determination made by the Director of Industrial Relations Pursuant to California Labor Code. Holidays: Holidays will be in accordance with the General Prevailing Wage Determination made by the Director of Industrial Relations Pursuant to California La bo r Cod e. Outside Services/Subcontractors: Direct cost will be charged for any work not directly performed by Testing Engineers-San Diego, Inc. or for any materials procured. The above outlined schedule of fees contains only the basic services performed by this office and is not a complete listinq. Do not hesitate to call if your service needs are not listed herein. LABORATORY TESTING California Bearing Ratio (CBR), Includes Maximum Density Curve Cement Treated Base, Laboratory Design - Soil Cement, Each Set Cement Treated Base, Sample Fabrication (Set of Three) Cement Treated Base, Compression Test Chloride Content of Soil Consolidations - Per Point Direct Shear Test Expansion Index Hydrometer Analysis with fine grading Hydrometer Analysis with coarse & fine grade Laboratory Compaction Test (Moisture Density-Each Curve) Laboratory Compaction Test Requiring Rock Correction Moisture Content Plasticity Index / Liquid Limit Fine Grained Soil Granular Soi I R - Value (Minimum 3 pts.) Resistivity and pH of Soil Sand Equivalent Shrinkage Limit Sodium Sulfate Soundness (Per Size Fraction) So i I Class if i ca t i o n Sulphate Content of Soil $360.00 $435.00 $1 20.00 $25.00 $40.00 $50.00 $225.00 $130.00 $180.00 $230.00 $130.00 $190.00 $20.00 $1 25.00 $21 0.00 $350.00 $1 25.00 $1 25.00 $60.00 $90.00 $70.00 $21 0.00 $40.00 City Attorney Approved Version #04.01.02 11 Absorption Test, Coarse Aggregate Absorption Test, Fine Aggregate Aggregate Conformance Testing for State of California Projects (Includes: Sieve Analysis, Specific Gravity, No. 200 Wash, Organic Clay Lumps and Friable Particles Cleanness Value Crushed Particles, Percent Durability Index, Coarse Aggregate Durability Index, Fine Aggregate Los Angeles Rattler Mortar making properties of fine aggregates Organic Impurities in Sand Sieve Analysis (Gradation), Coarse Aggregate Sieve Analysis (Gradation), Fine Aggregate (Including Wash) Specific Gravity, Fine Aggregate Specific Gravity, Coarse Aggregate Unit Weight per Cubic Foot, Voids in Aggregate Impurities, and Unit Weight) $25.00 $25.00 $21 0.00 $85.00 $70.00 $1 10.00 $95.00 $70.00 $1 25.00 $225.00 $35.00 $45.00 $45.00 $50.00 $40.00 $50.00 Asphalt Mix Design Asphalt Mix Design Review Extraction, % Asphalt (Including gradation) Film Stripping Hveem Stability & Unit Weight Marshall Stability, Flow & Unit Weight (Three Specimens) Maximum Theoretical Unit Weight (Rice Specific Gravity) Percent Swell Unit Weight Compacted Sample or Core (Bulk Specific Gravity) Unit Weight Sample Requiring Compaction Quote $1 00.00 $150.00 $65.00 $150.00 $1 50.00 $80.00 $80.00 $50.00 $1 15.00 Cement Testinq QUOTE Compression fests, 6x12 Cylinder Compression Tests, Gunite/Shotcrete Panels, 3 Cut Cores per Panel (Set) Compression Tests, Cores (Includes Sample Preparation) Compression Tests, Lightweight Concrete Fill Concrete Flexural Test, 6x6~18 Concrete Mix Design (Includes Aggregate Testing) Concrete Mix Design (Revision or Review) Drying Shrinkage (3 Specimens-28 Days) Gunite Panel, 3 Cores Gunite Panel, 4 Cores Modulus of Elasticity, Static Splitting Strength Test $1 3.00 $1 90.00 $40.00 $30.00 $40.00 $280.00 $1 25.00 $1 90.00 $1 90.00 $230.00 $78.00 $60.00 City Attorney Approved Version #04.01.02 12 Trial Batch, Includes Mix Design, Aggregate Testing & Six Compression Tests $525.00 Unit Weight, Lightweight Concrete Fill $30.00 Absorption Test, Brick, 7-Day Absorption Test, Brick, 24-Hour Submersion Absorption Test, Brick, 5-Hour Boiling Composite Prism (under 400,000 Ibs.), Half Size (8 x 16 x 8) Composite Prism (under 400,000 Ibs.), Full Size (8 x 16 x 16) Compression Test, Brick Compression Test, Blocks Larger Than 8x8~16 Compression Test, Blocks Less Than or Equal to 8x8~16 Compression Tests, Grout Compression Tests, Mortar, 2x4 cylinder UBC Conformance Package Efflorescence, Block with Mortar Efflorescence, Block Only Efflorescence, Brick only In-Place Shear Test (per test) Linear Shrinkage Modulus of Rupture, Brick Moisture as Received, Brick Saturation Co-Efficient (Includes Absorption) Brick Shear Test, cores (excludes sample preparation) Compression Test Cores (includes sample preparation) Unit Weight & Absorption, Block $30.00 $30.00 $30.00 $60.00 $90.00 $30.00 $35.00 $35.00 $14.00 $14.00 $350.00 $40.00 $30.00 $30.00 $80.00 $1 00.00 $30.00 $25.00 $40.00 $50.00 $40.00 $40.00 High Strength Bolt, Nut &Washer Conformance Mechanical Tests, Hardness Test, Rockwell Prestressed Steel, Tensile Test, Strand (7 wire) Reinforcing Steel, Tensile Test - No. 11 Bars & Smaller Reinforcing Steel, Tensile Test - No.14 Bars & Larger (To Min. Requir. Only) Reinforcing Steel, Bend Test: No. 11 Bars & Smaller Mechanically Spliced Reinforcing Steel Spray Applied Fireproofing Density Tests Oven Dry Method Displace men t Met hod Structural Steel, Tensile Test - Up to 200,000 Ibs. Structural Steel, Pipe Flattening Test Welded Specimens, Tensile Test - No. 11 Bars & Smaller Welded Specimens, Tensile Test - No. 14 Bars (To Min. Require. Only) Welded Specimens, Tensile Test - No. 18 Bars (To Min. Require. Only) Welded Specimens, Tensile Testing - Mechanically Spliced Bar (Wedge Tensile, Proof Load, Hardness) $100.00 $40.00 $90.00 $30.00 $50.00 $30.00 $80.00 $30.00 $30.00 $30.00 $30.00 $32.00 $60.00 $80.00 $80.00 City Attorney Approved Version #04.01.02 13 33 American Welding Society (AWS D1 .I) Limited Thickness Plate (per position) Unlimited Thickness Plate (per position) Pipe (per position) American Welding Society (AWS D1.4) Bar Sizes #3 through #9 (each) Bar Sizes #IO through #I 1 (each) Bar Sizes #I4 through #I 8 (each) American Society of Mechanical Engineers (ASME) Plate or Pipe Procedure Qualification (each) Plate or Pipe Welder Qualification (each) American Welding Society (AWS D1.3) Light Gauge Metal (includes butt and plug weld) Procedure Qualification per AWS, ASME or Military Standards Fillet Weld Test (Break and Etch Test) Fillet Weld Test Plates Ultrasonic Testing of Weld Coupons Witness time, if required $200.00 $230.00 $230.00 $200.00 $230.00 $250.00 $550.00 $550.00 $1 80.00 QUOTE $1 80.00 $30.00 $90.00 $55.00 Rates are per hour and include vehicle and mileage, cell phone, lap top computer and printer, and all incidentals necessary to perform their service. The hourly rates also apply to all overtime, holiday, and weekend inspection services. City Attorney Approved Version #04.01.02 14 34