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HomeMy WebLinkAbout2008-06-24; City Council; 19486; Approving Professional Service Agreements As-Needed Materials Testing ServicesCITY OF CARLSBAD - AGENDA BILL AB# 19,486 MTG. 6/24/08 DEPT. ENG APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR AS-NEEDED MATERIALS TESTING SERVICES DEPT. HEAD j£j">f CITY ATTY. <jji£ CITY MGR. \LS RECOMMENDED ACTION: Adopt Resolution No. 2008-179 approving professional service agreements for as-needed materials testing with Southern California Soils and Testing, Inc., and Kleinfelder West, Inc. 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 materials testing and inspection on an as-needed basis. The City currently has one firm under contract that provides these services, Bureau Veritas North America dba Testing Engineers - San Diego, Inc. The existing contract with, Bureau Veritas North America dba Testing Engineers - San Diego, Inc will expire on June 30, 2008. On May 2, 2008, the City sent out a Request for Proposal (RFP) for professional services to provide materials testing and inspection to the following firms: Allied Geotechnical, Construction Testing & Engineering, Inc., EEI, Geotek, Inc., Group Delta, Kleinfelder West, Inc., Professional Service Industries and Southern California Soils & Testing, Inc. Staff received a total of five (5) proposals for as-needed materials testing services. A selection committee evaluated the RFPs consistent with Carlsbad Municipal Code Section 3.28.070 to determine the most qualified firms. Staff is recommending that the City Council approve agreements with Southern California Soils and Testing, Inc. and Kleinfelder West, Inc. ENVIRONMENTAL IMPACT: The services provided under this Agreement are not assigned to any specific project. Environmental review is not required. FOR CITY CLERKS USE ONLY , COUNCIL ACTION: APPROVED M DENIED *T] CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 FISCAL IMPACT: It is estimated that the Construction Management & Inspection Division of the Engineering Department will require approximately $400,000 annually in as-needed materials testing and inspection services for professional services for public engineering construction projects over the life of the contracts to support staff. During FY 07-08 the City awarded a contract for $450,000 for these as-needed services, not including the Crossings at Carlsbad golf course. Funding for these services is subject to availability in the Capital Improvement Program and is awarded by Council on an individual project basis. Staff is recommending a one-year initial contract term with a limit of $400,000 to each firm. This enables either firm to perform all of the work required by the City during the fiscal year, should the need arise. Staff is recommending that each agreement may be extended for three additional one- year periods with a not-to-exceed amount of $400,000 for each additional term. Extensions will be based on the City's need, satisfactory performance by the consultant, and appropriation of funds by the City Council. 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. EXHIBITS: 1. Resolution No. 2008-179 approving professional service agreements for as-needed materials testing with Southern California Soils and Testing, Inc., and Kleinfelder West, Inc. 2. Professional Service Agreement for As-Needed Materials Testing Services with Southern California Soils and Testing, Inc. 3. Professional Service Agreement for As-Needed Materials Testing Services with Kleinfelder West, Inc. DEPARTMENT CONTACT: Pat Vaughan, (760) 602-2780, pvaug@ci.carlsbad.ca.us 1 RESOLUTION NO. 2008-179 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS FOR 3 AS-NEEDED MATERIALS TESTING WITH SOUTHERN CALIFORNIA SOIL AND TESTING, INC. AND KLEINFELDER 4 WEST. INC. 5 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed the need 6 for materials testing by the Department of Public Works for construction projects within the City on 7 an ongoing, as-needed basis in order to maintain service levels; and 8 WHEREAS, the Construction Management & Inspection Division of the Public Works 9 Department solicited, received, and reviewed proposals for as-needed professional services for 10 materials testing consistent with Carlsbad Municipal Code section 3.28.070; and 11 WHEREAS, subsequent to review of the proposals, staff recommends Southern 12 California Soil and Testing, Inc. and Kleinfelder West, Inc. as the most qualified consultants; and 13 WHEREAS, expenditures for these professional services are subject to availability of ^4 funding from the City's Capital Improvement Program. 15 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. 1R 2. That agreements with Southern California Soil and Testing, Inc. and Kleinfelder 19 West, Inc. are hereby approved. on 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute 21 the agreements with Southern California Soil and Testing, Inc. and Kleinfelder West, Inc. on behalf 22 of the City of Carlsbad. 23" 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of June, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. L/ORRATNjE M. WOJ&D, City Clerk AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES (SOUTHERN CALIFORNIA SOIL & TESTING, INC.) THIS AGREEMENT is made and entered into as of the fgyS"*" day of XIU*- __ 20/9^. by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SOUTHERN CALIFORNIA SOIL & TESTING, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is experienced in materials testing. B. Contractor has the necessary experience in providing professional services and advice related to materials testing. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. 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 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION City Attorney Approved Version #05.06.08 The total fee payable for the Services to be performed during the initial Agreement term will be four hundred thousand dollars ($400,000). 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. 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 City Attorney Approved Version #05.06.08 including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes 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-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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 Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation City Attorney Approved Version #05.06.08 will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 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 City Attorney Approved Version #05.06.08 Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City; For Contractor: Name Patrick Vaughan Name Gordon Woodard Title Deputy City Engineer Title Vice President Department Const Mgmt & Inspection Address PO Box 600627 City of Carlsbad San Diego. CA 92160 Address 5950 El Camino Real Phone No. (619)280-4321 Carlsbad. CA 92008 Phone No. (760) 602-2780 x7321 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. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they City Attorney Approved Version #05.06.08 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 #05.06.08 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 #05.06.08 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 nor 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. III III III III City Attorney Approved Version #05.06.08 8 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. CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) By: '<• (print name/title) City Manager or Mayor ' ATTEST 3-mail address) - ro LORRAINE M. WOOD Citv Clerk (print name/title) £ ^c<rt .coup (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 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, City Attorney >\neyDeputy City Attorney AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES (SOUTHERN CALIFORNIA SOIL & TESTING, INC.) 9 City Attorney Approved Version #05.06.08 ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,J(AA.SS. On to , DATE personally appeared _, before me, /?/*//€ L._, Notary Public, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(f^re subscribed to^the within instrument and acknowledged to me thatyhj/ihe/they executed the same in h^her/their authorized capacity(ies), and that by l^her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DIME L. NORRIS Co.w* 1507804 M ^ '..iiLIC-CALIFORNIA Jjj _. S; :%'go County JK My Comm. b>|«s August 16,2008 T PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) n INDIVIDUAL CORPORATE OFFICER C-.f.d . PARTNER(S) TITLE(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE10R TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER I 3 oI DCX5OOOOC APAOl/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM © 2005-2008 VALLEY-SIERRA INSURANCE ALL-PURPOSE ACKNOWLEDGMENT State of California County of JQ SS. On b 11/MOP , before me,, Notary Public, DATE personally appeared (j>cr\J(o*J _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)^s)are subscribed to the within instrument and acknowledged to me that(fi§)she/they executed the samein h«/her/their authorized capacity(ies), and that by lusher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DIANE I. MORRIS J CommJ 1507804 M NOTARY PUBLIC-CALIFORNIA «» San Dtogo County . My Comm. Expires August 16,2008 f NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE •—i—mmrnmi OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. TITLE(S) CAPACITY CLAIMED BY SIGNER (PRINCIPAL) Q INDIVIDUAL [JJ CORPORATE OFFICER (/- /> n PARTNER(S) Q ATTORNEY-IN-FACT Q TRUSTEE(S) 0 GUARDIAN/CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OITTYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT OF SIGNER APA 01/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 3 2005-2008 VALLEY-SIERRA INSURANCE EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed materials testing services in accordance with the City's Request for Proposals dated May 2, 2008, and the contractor's proposal to the City dated May 16, 2008. The agreed upon billing rates for services outlined in said proposal are attached hereto. City Attorney Approved Version #05.06.08 10 SOIL • TISTINC, INC. Iff PHONE (619) 280-4321 TOLL FREE (877) 215-4321 FAX(619) 280-4717 San Diego Office P.O. Box 600627 San Diego,,CA 92160-0627 6280 Riverdale Street San Diego, CA 92120 www.scst.com PHONE (760) 775-5983 TOLL FREE (877) 215-4321 FAX (760) 775-8362 Indio Office 83-740 Citrus Avenue Suite G Indio, CA 92201-3438 www.scst.com SOUTHERN CALIFORNIA SOIL & TESTING, INC. Confidential Schedule of Fees for Professional Services Effective May 2008 Revised Schedule of Fees for City of Carlsbad Public/Prevailing Wage Rates Southern California Soil & Testing, Inc. (SCS&T), agrees to provide professional engineering services on a time and materials basis. The fees for these services are invoiced at the unit rates listed below. SCS&T's standard terms and conditions are provided on page four. Prevailing Wage Rates are subject to Immediated adjustment following mandatory Increases by the State of California, Department on Industrial Relations. PROFESSIONAL SERVICES Standard 'Carlsbad Engineer/ Principal Engineer, Geologist $167 130 Geologist Senior Engineer, Geologist 132 110 Staff Engineer, Geologist 115 95 Engineering Soils/Materials Supervisor $115 95 Technician Soils Technician ; :...96 78 Materials Technician, (ACI) 98 78 NOT Technician, (UT, MT, DT, VT)(Field) 103 95 NOT Technician, (UT, MT, DT, VT)(Shop) #84 60 * Batch Plant Inspector/Shop Fabrication '. #74 60 Floor Flattness (Dip Stick) Technician 200 180 Inspection Footings... $102 95 Pile Driving Inspector. $96 95 Registered Materials Special Inspector t 98 78 Project QA/QC Consultant 95 95 QA/QC Inspector, (3RD Party) 96 78 MISCELLANEOUS Miscellaneous Senior Construction Consultant $132 110 Coring Asphalt, Concrete, Masonry and Gunite 175 150 Drafting 68 56 Word Processing 68 50 Sample Pick Up (San Diego County) 63 50 USA Markup 84 75 •City of Carlsbad Project Adjustments, all other services will be 10% off listed fees. # Non-Prevailing Wage task Providing Professional Service! Since 1959 -Pagtlcf4- Saahem California Soil A Testing, lac. Schedule efFeet. City ofCartsbaJ Effective May JOOt LABORATORY TESTING Standard 'Carlsbad Soils Classification (USCS) $193 Plasticity Index (ASTM D4318) 122 Sieve Analysis, Washed (ASTM D422) 80 Hydrometer Analysis (ASTM D422) 106 Maximum Density/Optimum Moisture 4" mold (ASTM D1557) 192 150 Maximum Density/Optimum Moisture 6" mold (ASTM D1557) 212 165 Natural Density, Ring Samples (ASTM D2937) 35 Natural Density, Chunk Samples 39 One Dimension Consolidation, per point (ASTM D2435) 49 Collapse Potential (ASTMD2435) 106 Expansion Index (UBC 29-2) . 170 Direct Shear, Three Points, Normal Speed (ASTM D3080)..." 200 Direct Shear, Two Points, Slow Speed (ASTM D3080) 319 Residual Shear (ASTM D3080) 425 Resistance Value (Cal 301) ' 265 Resistivity and pH 156 Sulfate Content. 72 Chloride Content : 72 Aggregate Si§ve Analysis, Coarse (ASTM C136) $57 Sieve Analysis! Fine Washed (ASTM C136) 71 Percent Passing Sieve #200 (ASTM Ci 17) 66 Specific Gravity, Coarse (ASTM C127) 66 Specific Gravity, Rne (ASTM C128) 71 Organic Impurities (ASTM C40) 57 Soundness, 5 Cycles, Sodium Sulfate (ASTM CSS) per size 116 Lightweight Pieces (ASTM C123) 143 Clay Lumps and Friable Particles (ASTM C142) 115 Abrasion by L.A. Rattler (ASTM C131) 215 Cleanness Value, minus 1" (Cal 227) , 87 Durability Index (Cal 229) 215 Sand Equivalent (Cal 217) 85 Percent Crushed Particles (Cal 205) 116 Absorption, Coarse or Rne (ASTM C127/C128) 37 Providing Professional Services Since 1959 -Page 2 of 4.- Southern Calfomia Soil A Testing. Inc. Schedule of Feet. City <j Carlsbad Effective May 2008 ' LABORATORY TESTING (CON'T) Asphalt Concrete Maximum Bulk Specific Gravity (Cal 308) $128 Maximum Theoretical Specific Gravity (ASTM D2041) 128 Bulk Specific Gravity, Cores (ASTM 01188) : 56 Sieve Analysis Extracted Aggregate (ASTM D5444) 86 Percent Bitumen (ASTM D6307) '. 176 Stability and Flow, Fabricate & Test (ASTM D1559) 141 Stabilometer (Cal 3Q4) 141 Film Stripping (ASTM D1664) 171 Percent Swell (Cal 305) 143 Concrete Mix Design or Review ;.. $78 Compressive Strength, 6"x12" Cylinders (ASTM-C39) 26 Compressive Strength, Core (ASTM C42) 57 Compressive Strength, Shotcrete Panel 3 Cores (UBC 1922.10) 280 Splitting Tensile Strength, 6"x12" Cylinder (ASTM C496) 71 Flexural Strength, 6"x6"x24" Beam (ASTM C78) 71 Length Change, 3 Bars, 4 Readings (Cal 537) 357 * \ Masonry Compressive Strength, Block 8"x8'x16' (ASTM C140) $50 Compressive Strength, Prisms 8"x16"x8" or smaller 106 Compressive Strength, Prisms Larger than 8"x16"x8" (ASTM E447).... 135 Compressive Strength, Grout 3'x3'x6' (UBC 24-26) (ASTM E447) 26 Compressive Strength, Mortar 2"x4" (UBC 21-16) 26 Linear Shrinkage, Block (ASTM C426) 251 Efflorescence, Block (ASTM C67) 57 Metals Tensile Strength, #3 - #8 Reinforcing Steel (ASTM E8) $71 Tensile Strength, #9,10,11 Reinforcing Steel (ASTM E8) 87 Bend Test, #3 - #11 Reinforcing Steel (ASTM E8) 43 Providing Professional Services Since 1959 • Pay 3 of 4- AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES (KLEINFELDER WEST, INC.) THIS AGREEMENT is made and entered into as of the ^:A -' _ day of , 20D8/. by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and KLEINFELDER WEST, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is experienced in materials testing. B. Contractor has the necessary experience in providing professional services and advice related to materials testing. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 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 contemporaneously in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. 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 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and, every provision of this Agreement. City Attorney Approved Version #05.06.08 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be four hundred thousand dollars ($400,000). 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 each Work Order. 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 vi/ithholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #05.06.08 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes 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-:VM". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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 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 #05.06.08 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 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 three years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 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 City Attorney Approved Version #05.06.08 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 provided any re-use shall be at City's sole risk and liability. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Patrick Vauahan _ Name pon^ttct ( rU Title Deputy City Engineer _ Title Op.grfo(-)'dV5; MA** 6-q-ejr- Department Const Mamt & Inpsection Address City of Carlsbad L^ \fjan* &fc ^ 3~f 2-2, Address 5950 El Camino Real _ Phone No. 'S^ft' 32O - _ Carlsbad. CA 92008 _ Phone No. (760) 602-2780 x7321 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 #05.06.08 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 #05.06.08 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 #05.06.08 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 nor 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. Other than the City, there are no other third party beneficiaries expressed or intended to the rights and obligations contained in this Agreement or to the services provided herein. 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 #05.06.08 8 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 \To Ayv /U ao £S*. -2^Jcfc (print name/title) <3k\***$ (e-mail address) By: ATTEST: ZORRA0JE M. W<gOj}> /City Clerk (print name/title) address) If required by City, proper notarial acknowledgment of execution by 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, City Attorney c^>-(—-^X/ Deputy City Attornejl AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES (KLEINFELDER WEST, INC.) City Attorney Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 5County of Here Insert Name and Trae of the Officer personally appeared so A Name(s) of Signer(s) V\ H M . JT \ \ V.\ rtt\P ^J JIUA.GELDMACHER CommlssJon # 1535677 Notocy PuWte - CoWomki Son Diego County My Comm. ExphM Jon 1. Z009 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)>s/are subscribed to the within instrument and acknowledged to me that nft'she/they executed the same in hie/her/their authorized capacity(ies), and that by hie/bef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Place Notary Seal Above Signati OPTIONAL 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 this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual CD Corporate Officer — Title(s): CD CH Partner — D Limited D General Attorney in Fact Trustee Guardian or Conservator RIGHTTHUMBPRINT OF SIGNER Top of thumb here Q Other: Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Solo Ave., P.O.Box 2402 •Chatsworth.CA 91313-2402* www.NatJonalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed materials testing services in accordance with the City's Request for Proposals dated May 2, 2008, and the contractor's proposal to the City dated May 16, 2008. The agreed upon billing rates for services outlined in -said proposal are attached hereto. City Attorney Approved Version #05.06.08 10 KLEINFELDER 2008 FEE SCHEDULE FOR ENVIRONMENTAL, CONSTRUCTION MANAGEMENT AND GEOTECHNICAUMATERIALS TESTING SERVICES PROFESSIONAL STAFF RATES* Construction Inspector I $ 102 / hour Construction InspectorII $113/hour Professional $118/hour Construction Inspector III $ 123 / hour Assistant Project Manager $ 140/hour Construction Engineer $140/hour Staff Professional I $ 140/hour Staff Professional II / Project Manager I $ 152 / hour Construction Manager $ 152 / hour Senior Construction Manager $ 158/hour Project Professional / Project Manager II $ 162 / hour Senior Professional / Senior Project Manager $ 185 / hour Project Manager III $ 208 / hour Principal / Principal Professional $ 208 / hour Program/Client Manager $ 208 / hour Senior Principal / Senior Principal Professional $ 220 / hour Senior Program / Senior Client Manager $ 230 / hour VP, Project Management $ 239 / hour Expert Witness $ 279 / hour ADMINISTRATIVE/TECHNICAL STAFF RATES Administrative I $ 84 / hour Project Administrator $ 95/hour Technician I $ 85/hour Technician II $ 93/hour Technician III $ 102 / hour Technician IV $ 107 / hour Senior Technician $113/hour Supervisory Technician $124/hour Draftsperson $ 95/hour CADD Operator $113/hour Designer $ 124 / hour Minimum Charges For Office Time Per Day One Hour at Applicable Rate Rates subject to annual cost of living increases as approved by the City of Carlsbad. "Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical and environmental engineers; industrial hygienists; geologists; hydrogeologists; hydrologists; and computer specialists. KLEIN/WELDER GEOTECHNICAUMATERIALS TESTING EQUIPMENT CHARGES MATERIALS TESTING EQUIPMENT Skidmore Wilhelm Bolt Tension Calibrator $47.60/day Torque Wrench $47.60/day Schmidt Hammer $ 77.00/day R Meter (Pachometer) $77.00/day Windsor Probe $23.95/shot Anchor Bolt Testing Device $154.00/day Concrete Vapor Transmission Test Kit F1869 $ 33.00 / kit Thin Lift Nuclear Asphalt Gauge $ 84.00/day Nuclear Asphalt Content Gauge $110.00/day Coring Machine with Generator $167.00/day Floor Flatness Testing Device $108.00/day Diamond Bit Core Barrel Charge 2" Diameter $ 2.20 / inch 3" Diameter $ 3.30 / inch 4" Diameter $ 4.40 / inch 6" Diameter $ 6.60 / inch 8" Diameter $ 8.00/inch Minimum bit charge-6" per job SOIL AND AGGREGATE TESTS COMPACTION CURVES Standard 4" Mold D-698 Method A $198.00/each Standard 6" Mold D-698 Method B, C $215.00/each Modified, 4" Mold D-1557 Method A $198.00/ each Modified, 6" Mold D-1557 Method B, C $215.00/each California Impact, Dry Method CAL-216-F $215.00/each California Impact, Wet Method CAL-216 $171.00/each Checkpoint $110.00/each Relative Density (Maximum and Minimum) D-4253 & 4254 $325.007 set SOIL AND AGGREGATE STABILITY R-Value, Untreated Material or field Sample D-2844, CAL-301 $264.00/ each R-Value, Reproportioned or Chemically -Treated D-2844, CAL-301 $314.00/ each Correction for oversized material in sample D-2844, CAL-301 $ 71.50/each C.B.R. 100% Compaction (Includes compaction curve) D-1883 $583.OO/ each C.B.R. Other Compaction Effort (Includes compaction curve) D-1883 $770.007 each Soil Cement, C.T.B., Mix Design $ 33.00/ each C.T.B. Compression Test, (Includes Preparation) CAL-312 $935.00/ each Lime-Treated Compression Test (Includes Opt. Moist. Detenu) Set of 3 CAL-373 $935.00/each Check Point CAL-373 $330.00/ each Cement-Treated Compression Test, Set of 3 PCA EB052.06S $935.00/ each intranertsdministrative re»ources\billing\project administration 2 (Revised 3/30/07) fee scheduto*\KAFEE2008 SOIL AND AGGREGATE TESTS (Cont.) BASIC SOIL AND AGGREGATE PROPERTIES Sieve Analysis, Coarse and Fine Including Wash C-136, D-422, CAL-202 $138.007 each Sieve Analysis, Coarse and Fine Including Wash Rush C-136, D-422, CAL-202 $143.007 each Sieve Analysis, Coarse (Retained on No. 4 Sieve) C-136, CAL-202 $ 83.00 / each Sieve Analysis. Fine Including Wash (Passing No. 4 Sieve) ....C-136, CAL-202 $116.00/ each Sieve Analysis, Wash (% Finer than No. 200 Sieve) C-117, D-1140 $ 95.00/each Hydrometer (Without Sieve Analysis) D-422. CAL-203 $165.007 each Hydrometer (Including Sieve Analysis) D-422, CAL-203 $253.007 each Specific Gravity C-127, C-128, D-854 $ 94.00 7 each Sand Equivalent, Average of 3 D-2419, CAL-217 $105.007 each Sand Equivalent, One Point Method $ 77.00 7 each Plasticity Index D-4318, CAL-204 $165.007 each Liquid Limit D-4318, CAL-204 $110.007 each Expansion Index Test D-4829, UBC 18-2 $165.007 each Swell Pressure, Per Point D-4546 $110.007 each Moisture Determination and Unit Weight D-2216, D-2937, D-4643 $ 49.507 each Moisture Determination Only D-2216. D-4643, CAL-226 $ 22.00/each Resistivity of Soil (Laboratory Measurement) CAL-532, CAL-643 $160.007 each pH Test (Laboratory Measurement) EPA-9045 $ 55.00 7 each pH Test, Lime Treated Soils C-977 $132.007 each Organic Content-Soils D-2974 $ 99.007 each Pinhole Test for Dispersive Soils D-4647 $275.007 each Dielectric Constant $ 56.50 7 each HYDRAULIC CONDUCTIVITY Flexible Wall, Falling Head D-5084, EM 1110-2-1906 $358.007 each Rigid Wall Permeability of Undisturbed Sample, up to No. 4 Sieve Size $182.007 each Rigid Wall, Constant Head, Gravel D-5856 $179.007 each SAMPLE PREPARATION Trimming $ 54.00 7 each Remolding $ 71.50 7 each Splitting $27.50 7 each Mixing and Processing $ 71.507 hour SHEAR STRENGTH AND CONSOLIDATION TESTS Unconfined Compression, Including Moisture Content & Unit Weight... D-2166 $116.007 each Triaxial Compression Test Quick Per Point $137.007 point UU Saturated D-2850 $237.007 point CD Saturated EM-1110-2-1906 $358.007 point CU Saturated D-4767 $286.007 point CU Saturated with Pore Water Pressure D-4767 $413.007 point Direct Shear (Quick) Per Point (Dry) D-3080 $121.007 each Direct Shear (3 point staged test) (Saturated) $314.007 each Direct Shear (Residual) Per Point (Saturated) $127.007 point Consolidation, With Two Time Rates D-2435 $402.007 test Constant Rate of Strain Consolidation, With Time Rate D-4186 $627.007 test Consolidation, Without Time Rate, Six Load Increments D-2435 $314.007 test Collapse Potential D-5333 $116.007 each intraneftadminlstrative resources\billing\project administrated fee schedulestKAFEE2008 (Revised 3/30/07) Note: Special testing procedures that deviate from standard will be charged on a time and expense basis. SOIL AND AGGREGATE TESTS (Continued) AGGREGATE QUALITY Injurious Organic Matter C-40 $ 60.007 each Absorption, Gravel C-127, CAL-206 $ 60.00/each Absorption, Sand C-128, CAL-207 $ 99.00/each Unit Weight, Average of 3 C-29, CAL-212 $71.50/test Los Angeles Abrasion Test-500 Revolutions C-131, CAL-211 $171.007 each Los Angeles Abrasion Test-1,000 Revolutions C-535, CAL-211 $220.007 each Sulfate Soundness (5 Cycles) Per Sieve Size C-88, CAL-214 $ 99.007 each Mortar Making Properties of Sand C-87, CAL-515 $550.007 each Potential Reactivity Test C-289 $165.007 each Cleanness Test (Referee Test) CAL-227 $149.007 each Crushed Particles per sieve size D-693, CAL-205 $110.007 each Flat and Elongated Particles per sieve size D-4791, CE-119, CE-120 $110.007 each Clay Lumps and Friable Particles C-142 $110.007 each Lightweight Pieces in Aggregate , C-123 $330.007 each Durability, Fine D-3744, CAL-229 $110.007 each Durability, Coarse D-3744, CAL-229 $182.007 each Durability Index, Coarse and Fine D-3744, CAL-229 $275.007 test CONCRETE Concrete Mix Design Review $209.007 each Laboratory Trial Batch, Including Compression Testing of Six Specimens $594.007 each Concrete Cylinder Cured and/or Compression Tested C-39, CAL-521 $ 26.40 7 each Compression Test, Lightweight Insulating Concrete C-495 $ 55.00 7 each Unit Weight of Concrete Cylinders C-138 $ 55.00 7 each Flexural Strength, Concrete Beam C-78, C-293, CAL-523 $105.007 each Compression Test, Gunite/Shotcrete Panel, Set of 6 Cores C-1140 $253.007 set Compression Test on Cored Specimens (Includes End Preparation) C'-42 $ 60.00 7 each* Cylinder Molds $ 3.007 each Drying Shrinkage Test, set of 3 C-157 $440.007 each Modulus of Elasticity of 6" x 12" Concrete Cylinder C-469 $238.307 each Splitting Tensile Strength C-496 $ 77.00/each Cement Content of Hardened Concrete C-85 On Request Density of Spray Applied Fireproofing E-605 $ 71.50 7 each Unit Weight of Lightweight Concrete C-567 $ 71.50 7 each Mortar Bar Expansion (Short-Term Expansion, 0-14 days) C-1260 $950.007 each Mortar Bar Expansion (Long-Term Expansion, more than 14 days) C-227 $1,900.007 each * Does not include coring intranet\admini*trative resources\biHing\prpject administration fee schedulesWAFEEZOOB (Revised 3/30/07) MASONRY Grout or Mortar Specimen Cured and/or Compression Tested C-109, C-579, C-942, C-1019, UBC 21-16, UBC 21-18 $ 26.40/each Compression Test, Masonry Units C140 $ 60.007 each Compression Test, 8 x 8 x 16 Prisms or smaller E-447, UBC 21-17 $ 99.00 / each Compression Test, 10x8x 16 Prisms or smaller E-447, UBC 21-17 $110.007 each Compression Test, 12 x8x 16 Prisms or smaller E-447, UBC 21-17 $121.007 each Absorption and Received Moisture, Masonry Unit C-140 $ 71.50 7 each Lineal Shrinkage, Masonry Units C-426 $165.007 each Compression Strength, Brick C-67 $60.00/each Modulus of Rupture, Brick C-67 $ 71.50/each Absorption Test, Brick, 5-Hour with Coefficient C-67 $110.00/each Shear Test on Masonry or Brick Cores CAL-644 $ 55.00/each Grout or Mortar Mold $ 2.75/each Breaking Load, Roof Tile UBC 15-5 $44.00/each Absorption, Roof Tile UBC 15-5 $ 71.50/each Permeability, Roof Tile $121.OO/each ASPHALT Centrifuge Kerosene Equivalent CAL-303 $237.OO/ each Extraction, % Bitumen D-1856, D-2172, CAL-310, CAL-362 $154.00/ each Extraction, % Bitumen, with Gradation , $264.00/ each Film Stripping CAL-302 $116.00/each Stabilometer Test and Mixing of Sample D-1560, CAL-366 $275.00/ each Stabilometer Test on Premixed Sample D-1560, CAL-366 $154.00/ each Swell CAL-305 $127.00/each Moisture Vapor Susceptibility, in Addition to Stabilometer CAL-307 $248.OO/ each Complete Design of Wearing Surface for a Given Asphalt and Aggregate, Hveem or Marshall Method On Request Marshall Stability and Flow-Set of 3 (Without Mixing) D-1559 $352.00/ set Marshall Stability and Flow-Set of 3 (Lab Mixed) D-1559 $451.001 set Superpave Mix Design-Preliminary Voids Analysis only (PMA)FHWA SA-95-003 $3,080.00/ each Superpave Mix Design (Excludes Binder or Agg. Qua). testing)FHWA SA-95-003 $3,080.00/ each Unit Weight of Core or Compacted Sample D-1188, D-2726, CAL-308 $ 49.50/each Maximum Density of Mix by Marshall Method, Set of 3 (Without Mixing) $204.007 set Maximum Density of Mix by Hveem Method, Set of 5 (Without Mixing) D-1561.CAL-304 $275.00/set Maximum Theoretical Specific Gravity (Rice Method) D-2041, CAL-309 $143.007 each Index of Retained Strength D-1074, D-1075 $1,100.00/each intranefladmlnistrative resources\billing\project administrated 5 (Revised 3/30/07) fee schedules\KAFEE2008 METALS Tensile, up to 0.5 sq. in. Cross Sectional Area A-36, A-500, A-570, A-572, A-615.A-706 $71.50/each* Tensile, 0.5 to 1.8 sq. in. Cross Sectional Area A-36, A-500, A-570, A-572, A-615, A-706 $ 83.00 / each* Tensile, > 1.8sq. in. Cross Sectional Area A-36, A-500, A-570, A-572, A-615, A-706 $85.00/each* Bend Test A-370, A-709 $38.50/each* Tensile and Bend, up to 0.5 sq. in. Cross Sectional Area $ 88.00 /each* Tensile and Bend, 0.5 to 1.8sq. in $ 99.00/each* Tensile and Bend, > 1.8sq. in. Cross Sectional Area On Request 505 Tensile ....A-370, A-709 $88.00/each* Rebar Coupler, Slippage Test, Including Ultimate Tensile Strength A-370, CTM-670 $204.007 each Rebar Coupler, Ultimate Strength, Tensile Only A-370, CTM-670 $ 77.00 / each Rebar Splice Test (Ultimate), Tensile (sample or control bar). A-370, CTM-670 $ 77.00 / each P.T. Strand Tensile Strength A-421 $143.00/ each High-Strength Rod Tensile, to 2.25" Diameter A-354, A-615, A-722 $ 77.00 / each High-Strength Rod Tensile, greater than 2.25" Diameter ..A-354, A-615, A-722 $138.00/ each Charpy V-Notch Impact, Set of 3 A-673 $176.00/ each* Epoxy-Coated Rebar and Wire, Bend Test A-775, A-884, A-934 $ 22.00 / each Epoxy-Coated Rebar and Wire, Holiday Test A-775, A-884, A-934 $ 22.00 / each Epoxy-Coated Rebar and Wire, Thickness of Coating A-775, A-884, A-934 $ 22.00 / each Rockwell Hardness (Per Piece) A-307, A-325, A-449, A-563, E-18, F-844 $ 49.50 / each Rockwell Hardness, Bolt Assembly (Set of 3) A-307, A-325, A-449, A-563, E-18, F-844 $121.00/ each Dimension Verification (Bolt, Nut, Washer, or P.T. Strand) A-307, A-325, A-449, A-563, F-436, F-844 $ 49.50 / each Proof Load (Bolt, Nut, or High-Strength Rod) A-307, A-325, A-449, A-563, F-606 $49.50/each Bolt Thread Pitch Verification A-307, A-325, A-449, A-563, F-606 $ 45.00 / each Bolt Wedge Tensile A-307, A-325, A-449, A-563, F-606 $ 49.50 / each Thickness of Coating (Per Piece) E-376 $49.50/each Weight of Coating A-90 $100.00/each WELDING QUALIFICATIONS-STRUCTURAL STEEL (PHYSICAL TEST METHOD-ASME, AWS, API, TITLE 21) Operator Performance and Procedure Tests On Request Machining and Material Costs At Cost +20% Guided Bend Test, face or root $ 38.50/each* Side Bend Test $ 38.50/each* Free Bend Test $ 38.50/each* Tensile Test (reduced section) $71.50/each* Macroetch Test $110.00/each Fracture Test $ 38.50/each* T Bend Test $ 38.50/each* Notch Test $ 35.00/each* Qualification tests also available by X-ray procedures On Request * Does not include machining costs, if required. intranet\adminlslrativ0 resourc*s\billlng\project administrattonV fee »chedules\KAFEE2008 (Revised 3/30/07) ROOFING TESTS Quantitative Analysis D-2829 $385.007 each Quantitative Analysis (New Roofs) D-3617 $250.007 each Unit Weight of Surfacing $99.007 each Unit Weight of Sample $88.007 each Diagram of Sample $110.007 each Void Analysis $110.007 each Ply Type Identification $83.00 7 each Mat Type Identification. $ 75.007 each Bitumen Sample Recovery $334.007 each Compliance Report On Request Roof Moisture Survey On Request Bitumen Content of Adhered Aggregate D-4074 $100.00 7 each OTHER EQUIPMENT CHARGES GEOPHYSICAL EXPLORATION EQUIPMENT Seismograph, Single Channel Bison Model 1570C or Nimbus Model ES-125 $195.007 day Seismograph, Twelve Channel Nimbus Model ES121 OF $561.007 day Resistivity Meter, Bison Model #2390 $187.007 day Soil Test Model R-40C $139.057 day Megger Earth Tester $119.007 day Magnetometer, Portable Proton-Geometries Model 6816 $215.007 day Electromagnetics $226.607 day Terrain Conductivity Meter Geonics Model EM 31 $206.007 day Downhole Shear Wave Velocity Measurement On Request Blast and Vibration Monitor, VM-100 (Normal set up and takedown) $ 95.00 7 hour Slope Indicator (4-hour minimum) $ 53.25 7 hour Pneumatic Piezometer Indicator Sinco Model 51411-A $204.007 day Sealed Double Ring Infiltrometer Test Equipment On Request VEHICLES Vehicle, 2 Wheel Drive $ 9.65 7 hour Vehicle, 4 Wheel Drive $ 18.15/hour Mileage, 2 Wheel Drive $ .757mile Mileage, 4 Wheel Drive $ 1.507 mile Vehicle Equipped with Standard Field Testing Equipment $ 18.15 7 hour Vehicle Equipped with Nuclear Density Testing Equipment $ 23.95 7 hour Vehicle Equipped with Ultrasonic, Magnetic Particle, and Dye Penetrant Testing Equipment $ 23.95 7 hour Utility Trailer $53.257 day Hydraulic Hand Lift $32.96/day OFFICE EQUIPMENT Microcomputer, basic software systems and supporting hardware $ 23.30 7 hour Mainframe Computer Time-Sharing (per CPU minute) $ 9.27 /minute Camera and Film $23.95/week intranet\administrative resources\billing\project administration 7 (Revised 3/30/07) fee schedules\KAFEE200B OTHER EQUIPMENT CHARGES (Continued) Computer Connect Time $ 7.73 / hour Disk Storage (per megabyte) $ 76.22/month Environmental Information Management System Software Surcharge $ 16.48 / hour Project Management and CPM Software Surcharge $ 16.48/hour Reproduction $ 0.60/page Telephone $ 0.60/minute Facsimile Copies $ 2.90/ page Report Surcharge $ 41.80/ copy Large Format Drawing Copies, 20-lb Bond $ 2.73/sq ft Large Format Drawing Copies, Erasable Vellum $ 3.81 /sqft Large Format Drawing Copies, Precision Trim $ 1.65/each Mylar Reproductions $ 16.48/sheet Autocad Drafting, Hardware and Software $ 32.96/hour Autocad Drawing Plots $ 1.65/minute Video Camera $ 84.00/day intranettadministrative resources\billin8\project administration 8 (Revised 3/30/07) fee schedules\KAFEE2008