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HomeMy WebLinkAbout2004-05-04; City Council; 17620; Simon Wong Engineering Inc. service agreement,B# 17,620 ITG. 5/4/2004 IEPT. ENG TITLE: APPROVAL OF PROFESSIONAL SERVICE AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES WITH SIMON WONG ENGINEERING, INC. DEPT.HD. c CITY ATTY. & CITY MGR.a RECOMMENDED ACTION: Harris & Associates Dudek & Associates, Inc. Tetra Tech, Inc. Dokken Engineering Washington Group International, Inc. MNS Engineers, Inc. Whitson Contracting and Management, Inc. Geopacifica, Inc. Psomas Adopt Resolution No. 2004-149 construction management and inspection services with Simon Wong Engineering, Inc. approving a professional service agreement for as-needed 4 5 6 7 8 9 10 11 12 ITEM EXPLANATION: 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 and inspection on an as-needed basis. The City currently has two firms under contract that provide these services. The existing contract with Simon Wong Engineering, Inc. expires June 30, 2004. This existing contract 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. A selection committee evaluated the SOQs consistent with Carlsbad Municipal Code Section 3.28.070 to determine the most qualified firms. The following table outlines the firm’s ranking based on the committee’s evaluation of the SOQs submitted. Aufbau Corporation (2 Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) 13 Staff is recommending that a professional service agreement for as-needed construction management and inspection services be awarded to Simon Wong Engineering, Inc. The contract 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 both private and public engineering construction projects over the life of the contract to support 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 an annual contract of $600,000 be awarded. There is no obligation on the City’s part to utilize any services provided by the selected firm. The firm provides 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. I f Page 2 of Agenda Bill No. 17,620 FISCAL IMPACT: The maximum amounts payable by the City to Simon Wong Engineering, Inc, during any fiscal year is $600,000. Funding for these professional services are 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. 2004-149 approving a professional service agreement for as-needed construction management and inspection services with Simon Wong Engineering, Inc. 2. Agreement between the City of Carlsbad and Simon Wong Engineering, Inc. for as-needed construction management and inspection services. DEPARTMENT CONTACT: Skip Hammann, (760) 602-2780 x 7321, shammQci.carlsbad.ca.us 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 Exhibit 2 to Agenda Bill No. 17,620 is hereby approved. /I RESOLUTION NO. 2004-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES WITH SIMON WONG ENGINEERING, INC. CALIFORNIA, APPROVING A PROFESSIONAL SEVICE AGREEMENT FOR AS- WHEREAS, the City Council of the City of Carlsbad, California, has reviewed the need for construction management and inspection consultant services by the Department of Public Works for construction projects within the City on an ongoing, as-needed basis in order to maintain service levels; and WHEREAS, the Department of Public Works solicited, received and reviewed Statements of Qualifications for as-needed professional services for construction management and inspection consistent with Carlsbad Municipal Code section 3.28.070; and WHEREAS, subsequent to a review of the Statements of Qualifications, staff recommends Simon Wong Engineering, Inc. as the most qualified consultant; and WHEREAS, funding for these professional services is provided by the Engineering Department 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, California, as follows: 1. That the above recitations are true and correct. 2. That agreement with Simon Wong Engineering, Inc. copy of which is attached as Il Il 3 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 t 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the agreement with Simon Wong Engineering, 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 4th day of May , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard ATTEST ..--.-J (SEAL) Page 2 of Resolution No. 2004-149 AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (SIMON WONG ENGINEERING, INC.) THIS AGREEMENT is made and entered into as of the (0 day of , 20&, by and between the CITY OF CARLSBAD, a municipal corporatior( ("City"), and SIMON WONG ENGINEERING, INC., a California Corporation, ("Contractor"). % hA4 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: 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. All previousagreements, dated or not dated, between the City and contractor for as-needed construction management and inspection services, are hereby rescinded. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed six hundred thousand dollars ($600,000) 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 I :/Administration/Contracts & AgreementdAgrementd2003 AgreementdProfessional Services AgreementdAgreements for As- Needed Construction Management & Inspection Services (Simon Wong PSA 10-8-03)-Skip Hammann 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 six hundred thousand dollars ($600,000) 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 I:/Administration/Contracts & Agreements/Agrements/2003 AgreementslProfessional Services Agreements/Agreements for As- Needed Construction Management & Inspection Services (Simon Wong PSA 10-8-03)-Skip Hammann 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 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 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 Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #04.01.02 3 I:/Administration/Contracts & AgreementdAgrementd2003 AgreementslProfessional Services AgreementdAgreements for As- Needed Construction Management & Inspection Services (Simon Wong PSA 10-8-03)-Skip Hammann 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq 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 reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01.02 4 I:/Administration/Contracts & AgreementdAgrernentOO3 AgreementdProfessional Services AgreementdAgreernents for AS- Needed Construction Management & Inspection Services (Simon Wong PSA 10-8-03)-Skip Hammann 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv: For Contractor: Name Conrad C. Hammann, Jr. Title Deputv Citv Enqineer Department EnQineerinq Address Citv of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Phone No. (760) 602-2780 Name Mark Crevelinq Title Vice-president Address 9968 Hibert Street, Ste. 202 San Dieqo, CA 92131 Phone No. (858) 566-31 13 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. City Attorney Approved Version #04.01.02 5 I:/Adrninistration/Contracts & Agreernents/Agrernents/2003 AgreernentdProfessional Services Agreernents/Agreernents for As- Needed Construction Management & Inspection Services (Simon Wong PSA 10-8-03)-Skip Harnrnann 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. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01.02 6 I:/Administration/Contracts & AgreementslAgrernentsl2003 AgreernentslProfessional Services Agreements/Agreements for As- Needed Construction Management & Inspection Services (Simon Wong PSA 10-8-03)-Skip Harnmann 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 7 City Attorney Approved Version #04.01.02 I:/Administration/Contracts & Agreements/Agrementd2003 AgreementdProfessional Services AgreementdAgreements for As- Needed Construction Management & Inspection Services (Simon Wong PSA 10-843)-Skip Hammann acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 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 I :/Administration/Contracts & Agreements/Agrements/2003 AgreementdProfessionaI Services AgreementdAgreements for As- Needed Construction Management & Inspection Services (Simon Wong PSA 10-8-03)-Skip Hammann 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 *By: ur ATTEST: Ld&xAd4J4m LOR~AINE M. WOOD v City Clerk I R36 @Si~nwMa~~a.~~~~ (e-mail address3 " 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(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL 1 City Attorney By: Deputy City Attorney AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES City Attorney Approved Version #04.01.02 9 I:/Administration/Contracts & AgreementdAgrementd2003 AgreementdProfessional Services AgreementdAgreements for As- Needed Construction Management & Inspection Services (Simon Wong PSA 10-8-03)-Skip Hammann EXHIBIT “A’ SCOPE OF SERVICES HOURLY CHARGES AS-NEEDED SERVICES PROJECT MANAGER RESIDENT ENGINEER (REG.) STRUCTURES REPRESENTATIVE (REG.) ENGINEERING INSPECTOR (CAPITAL) ENGINEERING INSPECTOR (NON PREVAILING WAGE) CLERICAL $1 10.00 $95.00 $95.00 $88.00 $78.00 $54.50 Hourly charges include provisions for normal overhead costs such as fringe benefits, insurance, clerical services, equipment, normal supplies and materials. Field personnel are equipped with work trucks, cell phonehadios and basic hand tools. For other personnel on interim assignments, mileage shall be reimbursed at a rate of $0.365 per mile. All other direct costs shall be reimbursed at a rate of cost plus 10%. Simon Wong Engineering rates will increase annually at a rate equal to the San Diego region Consumer Price Index. Inspection personnel working on capital projects will require rate increases based on the prevailing wage mandated wage and benefit increases. Simon Wong Engineering will add a 5% charge to all sub-consultant billing, to recover costs incurred for record keeping, invoicing and other overhead costs, and additionally insured costs. Rates valid through December 2004 City Attorney Approved Version #04.01.02 10 LIST OF SERVICES PROVIDED BY SWE FIELD PERSONNEL 1. Construction ManagementlQuality Assurance/Contract Administration SWE Inspectors and Construction Engineers will perform project management and inspection services for the following types of projects, including (but not limited to): Roadway Construction Bridge Construction Mass Grading Projects Large Residential Development Projects Water and Reclaimed Water Pipeline Construction Sanitary Sewer Construction Pump Stations Drainage Construction Stormwater and Water Pollution Prevention Measures Traffic Signal Improvements Parks & Recreational Facilities 2. Community Relations SWE Inspectors and Construction Engineers will respond to citizen concerns and complaints by listening respectfully, and making a timely effort to resolve the issue at a project level. In the unlikely situation that a quick solution can’t occur at the site, the City’s Construction Manager will be notified, and SWE staff will take direction on how to proceed. If a certain project requires special public education or handling, either prior to or during construction, we can procure the services of public relations firms such as Katz and Associates. 3. Cost Control SWE construction staff will always strive to be a good steward of the City of Carlsbad’s resources. We will be a strong advocate for the City on Capital projects, and ensure that the City is getting the product it is paying for, and never being taken advantage of. As far as our bookkeeping and invoicing practices are concerned, we strive for integrity and accuracy. Our invoices to the City will be City Attorney Approved Version #04.01.02 11 generated from the hours as stated on our field personnel’s approved time sheets, and checked for accuracy before being signed by the Project Manager. 4. Claims Defense and Resolution Our construction staff possesses years of experience working on heavy civil public projects. They are trained to provide excellent documentation to support the City in claims defense, and solve problems as they come up, at the lowest level possible. SWE can offer expert construction engineering and scheduling analysis, on an as-needed basis, in the event a project is getting out of hand and the City needs to battle construction claims. We also maintain a working relationship with Pinnacle One, one of the leading scheduling and construction claims firms in the region. 5. Ancillary Services As stated in our previously submitted proposal, SWE will support the City of Carlsbad in any situation. We can also facilitate the procurement of any specialty service that we don’t provide in-house. Listed below are services that we can provide on an as-needed basis: 1. Engineering Design - SWE is one of the most respected structural and bridge design firms in the San Diego region. Providing these design services for transportation, water and wastewater, facilities, and other types of projects has provided SWE teaming opportunities with the leading civil engineering, architectural, and geotechnical firms in the region. These relationships can be implemented for City of Carlsbad projects as-needed. These firms include, but are not limited to, Rick Engineering, PDC, and O’Day Consulting. 2. Materials Testing and Special Inspection - SWE performs on multiple as- needed inspection contracts, as well as direct construction management contracts. We have established teaming relationships with numerous geotechnical engineering firms, both large and small, that provide engineering analysis, materials testing and special inspection services. These firms include, but are not limited to, G-Force, Ninyo and Moore, Mactec, and Corpro. 3. Other Specialty Work - SWE will bring in specialty firms on an as-needed basis to provide dive services, vibration and noise monitoring, and environmental monitoring and coordination. These firms include, but are not limited to, Marine Interface, Investigative Science and Engineering, and BRG Consulting. City Attorney Approved Version #04.01.02 12 COUNTY OF On b\ 1 ,.&Lt before me, personally ‘appeared MIWK CU er/eh L%d ai&vu mfc personally known to me (or proved to me & the basis of satisfactow evidence) to be the 1 person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshetthey executed the same in his/her/their authorized capacity(ies), an that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature k _- OPTIONAL IN FORMATION Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this cerb’fcate to another document. THIS CERTIFICATE MUST BE ATTACHED TO: ‘L - - Title of Document Type h yd&kMd* THE DOCUMENT DESCRIBED AT ABOVE: Number of Pages 13 (%z] Date of Document Signer(s) Other Than Named Above - F .- I 'OLICY EXPIRATION 07/15/04 I ACORQ!, CERTIFICATE OF LIABILITY INSURANCE LIMITS =?OCCURRENCE pb_lLOEr 000- FlREDAMAGE(Any0nefire) , $ 300, 000 MED EXP (Any one person) $ 10, 000 PERSONAL 8 ADV INJURY $ 1 * 000 I 000 GENERAL AGGREGATE $ 2,000, ooo PRODUCTS - COMPlOP AGG $ 2 * 0 0 0 I 00 0 I DATE (MMJDDWY) 1 10/20/03 POLICY NUMBER 8301418940 Cavignac h Associates POLICY EFFECTIVE DATF- 07/15/03 1230 Columbia Street, San Diego, CA 92101 Robert R. SUDDle ISR Suite 850 A I 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HE COVERAGE AFFORDED BY THE POLICIES BELOW. t INSURERS AFFORDING COVERAGE GENERAL LIABILITY INSURED Simon Wong Engineering, Inc. 9968 Hibert Street, Suite 202 San Diego, CA 92131 - ~ - United States Fidelity h Guaranty Company St. Paul Fire h Marine Insurance Company Great American Assurance Company __-~ __ I :OVERAGES BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING IITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH N MAY HAVE BEEN REDUCED BY PAID CLAIMS 07/15/04 COMBINEDSINGLELIMIT 1,000,ooo (Ea accuent) CLAIMS MADE OCCUR GENL AGGREGATE LIMIT APPLIES PER. LOC AUTOMOBILE LIABILITY 7 BA01418928 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS 07/15/03 EXCESS LIABILITY =] OCCUR CLAIMS MADE 05/19/04 t X 1 T~~~:~$s 1 R' E.L. EACH ACCIDENT $1,000,000 WAZ 444 9 9 8 C 05/19/03 WORKERS COMPENSATION AND EMPLOYERS LIABILITY OTHER Professional Liability EDN3 20 94 6 9 01 07/15/03 BODILY INJURY t (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) OTHER THAN EAACC I $ AGG I $ AUTO ONLY I$ Is E.L DISEASE-EAEM@$I,OOO,OOO -~p 1,000,000 2,000,000 Aggregate IESCRIPTION OF OPERATlONSlLOCATlONSMHlCLESlEXCLUSlONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 'rofessional Liability - Claims Made Form, Aggregate Limit Policy. Defense costs Included within Limit of Liability. .E: As-Needed Construction Management and Inspection Services. The City of Carlsbad, its officials, employees and .olunteers are named as Additional Insured as respects to General Liability per attached and Auto Liability ndorsement to follow. Waiver of Subrogation applies to General Liability per attached and Auto Liability endorsement o follow. *10 days NOC for non-payment of premium. DATE THEREOF, T INSURER WILL ENDEAVOR TO DAYS WRITTEN City of Carlsbad Construction Management P Inspection Dept. 5950 El Camino Real Carlsbad, CA 92008 Named Insured: Simon wong Engineering, Inc. Policy Number: BK01418940 WAIVER Transfer Of Rights Of Recovery Against Others THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: IX I LIABILITY COVERAGE PART I I I I BUSINESS AUTO COVERAGE PART (SECTION II) COMMERCIAL UMBRELLA LlABlLlN COVERAGE PART, Designated Person Or Organization: BLANKET WAIVER OF RIGHTS OF RECOVERY WHEN REQUIRED BY A WORK CONTRACT The City of Carlabad, its officials, employees and volunteers Con tract Number: Description of Project: As-Needed Construction Management and Inspection Services Location of Project: We waive any right of recovery we may have against the person or organization designated in the Schedule because of payments we make for injury or damage arising out of work you perform under a contract with the designated person or organization. The waiver applies only to the designated person or organization and the work you perform must be under the contract, and for the project and location, designated in the Schedule. CLBF 21 30 03 95 Includes copyrighted material of Insurance Services Ofice. Inc., with its permission. Copyright. Insurance Services Ofice, Irc.. 1% Named Insured: Simon Wong Engineering, Inc. Policy Number: BK01418940 ADDITIONAL INSURED Effective: 07/15/03 Owners, Lessees Or Contractors (Form C) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies insurance provided under the following; LIABILITY COVERAGE PART. Schedule Name of Person OT Organization: The City of Carlsbad, its officials, employees and volunteers RE: As-Needed Construction blanagemont and Inspection Services 1. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. 2. With respect to 1. above the following additional provision applies: SECTION IV. 5. Other Insurance is replaced by the following: 5. Other Insurance. The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any valid and collectible "other insurance" available to the insured unless the valid and collectible "other insurance" is provided by a person or organization who is not shown in the schedule. Then we will share with that valid and collectible "other insurance" by the method described below. If all of the valid and collectible "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. if any of the valid and collectible "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CLlBF 22 45 09 99 Includes copyighled material of Insurance e Services Office, Inc. ,with %s permission. Copyrighted, Insurance Services Office, Int., 1984 Page 1 of 1 Accessing the pages on ambest.com constitutes the user's aareement to I ocrtsrms or Member of Great American P & C Insurance Grp View a list of aroup members or the aroup's rating AM. Beet #: 02004 NAlC 2: 26344 Best's Rating A (Excellent)' XIV ($1.5 blllion to $2 billion) *Ratings as of 04H9/2004 01:33:36 PM E.S.T Rating Category (Excellent): Assigned to companies that have, in our opinion. an excellent ability to meet meir ongoing obligatlons to policyholders important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Accessing the pages on ambest.com conStiMes the user's aareement to I oiirtemsof Member of St. Paul Travelers Companies Wew a list of grow members or the QWUD'S ratinq A.M. Best #: 02539 NAlC I: 25887 Best's Rating A (Excellent)" Fm XV ($2 billion or more) "Ratims as 0604n9/2004 01:33:36 PM ES.T. Rating Category (Excellent): Assigned to companies that have in our opinion. an excellent abilily to meet their ongoing obligations to policyholders Important Notice: Best's Ratings reflect our oplnlon based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. ComDanies interested in olacina a Sesrs Securilv Icon on their web site to Drornote their financial .d Accessing the pages on ambest.com constitutes the user's aareement to I o;lr terms of Member of St. Paul Travelers Companies View a list of aroup members or the aroup's rating A.M. Best I: 02452 NAlC I: 24767 Best's Rating A (Excellent)* Financial Size Cateaow XV ($2 bllilon or more) 'Rams as of 04n9/2004 Of:33:36 PA4 E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion. an excellent ability to meet their ongoing obligatlons to policyholders Important Notlce: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details.