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HomeMy WebLinkAbout2008-06-24; City Council; 19487; Approval of Professional Service Agreements for As-Needed Construction Management Inspection Services•tiSv CITY OF CARLSBAD - AGENDA BILL ^If^ AB# 19,487 MTG. 6/24/08 DEPT. ENG APPROVAL OF PROFESSIONAL SERVICE AGREEMENTS FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES 5 4P DEPT. HEAD IpT^f CITY ATTY. <^g£ CITY MGR. 1 itA— RECOMMENDED ACTION: Adopt Resolution No. 2008-180 approving professional service agreements for as-needed construction management and inspection services with Simon Wong Engineering, Inc., and Infrastructure Engineering Corporation. 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: Simon Wong Engineering, Inc. and Aufbau Corporation (Aufbau). The existing contracts with Simon Wong Engineering, Inc. and Aufbau expire on June 30, 2008. In December 2007, the City sent out a Request for Proposal (RFP) for professional services to provide construction management and inspection services to the following firms: Aufbau Corporation, Construction Management & Inspection Consultants, Dudek, Harris & Associates, Infrastructure Engineering Corporation, RBF Consulting, Salaber Associates Inc., Simon Wong Engineering, Inc., and Valley Construction Management. Staff received a total of eight (8) proposals for as-needed construction management and inspection 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 Simon Wong Engineering, Inc. and Infrastructure Engineering Corporation. 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 FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D Dn Page 2 FISCAL IMPACT: It is estimated that the Construction Management & Inspection Division of the Engineering Department will require approximately $500,000 to $900,000 annually in as-needed construction management and inspection services to support staff on both private and public engineering construction projects. The range in estimated cost is due to the uncertainty of project timing. During FY 06-07 the City spent $652,033.85 for these as-needed services. The Engineering Department's proposed FY09 Operating Budget allocates $250,000 for the construction management and inspection of private development projects. For public jobs, the 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 $600,000 to each firm, and 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. 2008-180 approving professional service agreements for as-needed construction management and inspection services with Simon Wong Engineering, Inc., and Infrastructure Engineering Corporation. 2. Professional Service Agreement for As-Needed Construction Management and Inspection Services with Simon Wong Engineering, Inc. 3. Professional Service Agreement for As-Needed Construction Management and Inspection Services with Infrastructure Engineering Corporation. DEPARTMENT CONTACT: Pat Vaughan, (760) 602-2780, pvaug@ci.carlsbad.ca.us 1 RESOLUTION NO. 2008-180 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND 4 INSPECTION SERVICES WITH SIMON WONG ENGINEERING, INC. AND INFRASTRUCTURE 5 ENGINEERING CORPORATION. 6 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed the need 7 for construction management and inspection services by the Department of Public Works for 8 construction projects within the City on an ongoing, as-needed basis in order to maintain service 9 levels; and 10 WHEREAS, the Construction Management & Inspection Division of the Public Works 11 Department solicited, received, and reviewed proposals for as-needed professional services for 12 construction management and inspection consistent with Carlsbad Municipal Code section 13 3.28.070; and ^ WHEREAS, subsequent to review of the proposals, staff recommends Simon Wong 15 Engineering, Inc. and Infrastructure Engineering Corporation as the most qualified consultants; 16 and 17 WHEREAS, expenditures for these professional services are subject to availability of 18 funding from the Engineering Department operating budget or the City's Capital Improvement 19 r.Program. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, as follows: 22 1. That the above recitations are true and correct. 23 2. That agreements with Simon Wong Engineering, Inc. and Infrastructure Engineering 24 Corporation are hereby approved. 25 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute 26 the agreements with Simon Wong Engineering, Inc. and Infrastructure Engineering Corporation on 27 behalf of the City of Carlsbad. 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. ATTEST: EAL) 7 AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (SIMON WONG ENGINEERING, INC.) - -•"£-THIS AGREEMENT is made and entered into as of the c^2£ day of /^X juui- , 2008, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SIMON WONG ENGINEERING, INC., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is experienced in construction management and inspections. B. Contractor has the necessary experience in providing professional services and advice related to construction management and inspection. 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 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 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 six hundred thousand dollars ($600,000). 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 Attorney Approved Version #05.06.08 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-:VII". 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. 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 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 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. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Patrick Vaughan For Contractor: Title Deputy City Engineer Department Const Mgmt & Inspection City of Carlsbad Address 5950 El Camino Real Name Title \ \ \ SA (n<MTl^<L>VT .a-/>.s !a<^AT AddressS^ (J? Vu\)er Phone No. oQo rl5LLff ' 3II3 _ 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. 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. Attorney Approved Version #05.06.08 |0 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 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 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. 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 CITY O corpora. By: (prfnt name/title) WkanVi'Ve. ATTEST: "By: here) / o<g^CTXr LORRAINE M. WpOD ^ (print name/title) /7 (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor1 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 By:, Deputy City Attorney Attorney Approved Version #05.06.08 /3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On before me, ame'(Here insert name' and title of the o'fficcer) personally appeared ^f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/if/are subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in -his/freT/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. T JVsflt llVm VrVIIIIII. F nwvmw WITNESS my hand and official seal. nroilN MCLINDEN Comrn. 11516154 NOWHMIIUC-OllfOMIIASon Mm County ^MvCoffim.i)iplniJuiitli,M07t Signature of Notary Public"(Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages /^ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) ^ Corporate Officer^" r1 Vice x>f^-t>o->T v -iec/us'* (title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other "1 INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully (or proper notarial wording and attach this form if required. » State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. fee/she/thcy, is /«) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •i' Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •> Indicate title or type of attached document, number of pages and date. •J* Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v!2.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed construction management and inspection services in accordance with the City's Request for Proposals dated December 20, 2007, and the contractor's proposal to the City dated January 17, 2008. The agreed upon billing rates for services outlined in said proposal are attached hereto. City Attorney Approved Version #05.06.08 10 SIMON WONG ENGINEERING BILLING RATES CITY OF CARLSBAD AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Rates effective July 1, 2008 through June 30, 2009 Field Staffing Position Principal Engineer Project Manager Construction Manager Resident Engineer (PW) Structures Rep (PW) Senior Inspector I (PW) Senior Inspector II (PW) Inspector (NPW) Clerical (NPW) Straight-Time Billing Rate ($/Hr) $170.00 $158.00 $133.00 -$158.00 $123.00 -$153.00 $123.00 -$153.00 $123.00 -$133.00 $118.00 -$128.00 $98.00 -$108.00 $61.50 Overtime Rate N/A N/A N/A $146.50 -$185.00 $146.50 -$185.00 $146.50 -$160.00 $140.50 -$153.00 $115.00 -$128.00 $92.00 Doubletime Rate N/A N/A N/A $180.00 -$225.00 $180.00 -$225.00 $180.00 -$194.00 $171 .00 -$186.00 $140.00 -$155.00 $92.00 (PW) Prevailing Wage (NPW) Non-Prevailing Wage Hourly charges include provisions for normal overhead costs such as fringe benefits, insurance, clerical services, equipment, normal supplies and materials. Field personnel (Inspectors, Resident Engineers, Construction Managers, etc...) are equipped with work trucks, cell phone/radios, laptop computers and basic tools, which are included in the above rates. For other personnel on interim assignments, such as engineering and other specialist staff, mileage shall be reimbursed at a the IRS rate (currently $0.505 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 or other construction staff whose job duties fall within the prevailing wage scope will require rate increases effective July 1, based on prevailing wage mandated wage and benefit increases, which take effect July 1 of the year the increase takes effect. These rate increases will be negotiated at the conclusion of the one year contract term or extension. The City of Carlsbad has consented and authorized Simon Wong Engineering to use Construction Management and Inspection Consultants as a subconsultant during the life of this contract. Additional subconsultant services will be provided at the request of the City, or with prior consent and authorization of the City. SWE will add a 12% charge to all sub-consultant billing to cover management, record keeping, invoicing, insurance and other overhead costs. 6/12/08 9968 Hibert Street, Suite 202 • San Diego, CA 92131 • (858) 566-3113 • FAX (858) 566-6844 Construction Management & Inspection Consultants February 25, 2008 Mr. Hank Gentile, PE Executive Vice President Simon Wong Engineering 9968 Hibert Street, Suite 202 San Diego, CA. 92008 RE: COST PROPOSAL TO PROVIDE CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES. Dear Mr. Gentile: Construction Management & Inspection Consultants (CMIC), a sole proprietor company is pleased to respond to your request for cost proposal to provide construction management & inspection services for the above-mentioned projects. This cost proposal includes: • Construction Inspection Services @ $90.00 per hour for prevailing wage projects • Construction Management Services @ $90.00 per hour for prevailing wage projects. • Construction Inspection Services @ $80.00 per hour for non-prevailing wage projects • Construction Management Services @ $80.00 per hour for non-prevailing wage projects Duane Soileau is authorized to negotiate all contractual resolutions on CMIC's behalf. Mr. Soileau can be reached at (760) 877-0669. CMIC looks forward to the opportunity to work with Simon Wong Engineering. Sincerely Duane Soileau President/Owner 254 Cranston Crest • Escondido, CA 92025 • (760) 877-0669 • FAX (760) 294-6689 AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (INFRASTRUCTURE ENGINEERING CORPORATION) THIS AGREEMENT is made and entered into as of the c^DLe **• day of ^-~ 2008, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and INFRASTRUCTURE ENGINEERING CORPORATION, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is experienced in construction management and inspections. B. Contractor has the necessary experience in providing professional services and advice related to construction management and inspection. 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 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. 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 ft 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be six hundred thousand dollars ($600,000). 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 City Attorney Approved Version #05.06.08 \c\ 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 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 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. 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 Title Deputy City Engineer Title Department Const Mgmt & Inspection Address City of Carlsbad Address 5950 El Camino Real Phone No. • 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 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 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 #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 condjjtjons of this Agreemej; CONTRACTOR ayor (print name/title)ATTEST: (ejnail address) *By: '(sign here) (print name/title) (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 By: Deputy City Attorney City Attorney Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ?/W D I £T(s> 0 On 3lA/r ? 2£Qt before me, Date personally appeared f/f £ 6T#A/ H. M . Here Insert Namer'and Title of the Off)c"er Name(s) of Signerfs) NANCY M.CMUHC Commtetan #1467396 Notary PuMc SanOtogoGMMyMyComm. who proved to me on the basis of satisfactory evidence to be the person(«f whose name(e) is/aw subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hor/thoir authorized capacityfies), and that by his/her/their signature(e) on the instrument the person(e); 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. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL ftature'of Notary Public 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: LJ Individual D Corporate Officer — Title(s): D Partner — LJ Limited L1 General LJ Attorney in Fact / D Trustee /"" D Guardian or Conservator'' LJ Other: X RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — [71 Limited D General D Attorney in Fact D Trustee D Guardian or Conservator [ ] Other: Signer Is Representing: I RIGHTTHUMBPRINT OF SIGNER Top of thumb here <^^^f~/^j^f^f^^^^ J&2Q07 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S/WCounty of On <, Date 0 before me, personally appeared pDfo£/\ I ^ • Name(s) of Signer(s) NANCY M.CARUKE CommWon # 1M7M6 Notary PuMc-CoiUxnta Son DMgo County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ber/thcir authorized capacity(*es>, and that by his/het#keir 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 jjiy hand and official seal. Signature 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 Page§>: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): LJ Partner — D Limited D General n Attorney in Fact D Trustee D Guardian or Conservator D Other: ^-'^ Signer Is Representing: thumb here Sigfler's Name: "1j Individual LI Corporate Officer — Title(s): D Partner — D Limited U General U Attorney in Fact D Trustee D Guardian or Conservator LJ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed construction management and inspection services in accordance with the City's Request for Proposals dated December 20, 2007, and the contractor's proposal to the City dated January 17, 2008. The agreed upon billing rates for services outlined in said proposal are attached hereto. City Attorney Approved Version #05.06.08 10 EXHIBIT "A" February 25, 2008 John Maashoff Construction Manager Construction Management and Inspection City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Fee Proposal for As-Needed Construction Management and Inspection Services Dear Mr. Maashoff: As requested in your letter dated February 14, 2007, Infrastructure Engineering Corporation (IEC) is pleased to provide the City our rate schedule for the two (2) year contract duration indicated in your RFP. Enclosed is our rate sheet for the first year of the "as-needed" construction management and inspection services contract from the date of the signing. IEC will request an increase of 3% for employee salary increases and business overhead cost for year two (2) of the contract. The requested 3% increase will run through the first year anniversary date of the contract signing through the end of second year of the contract. In conversations with the City, if additional years beyond the two year duration are added to the contract, fee negotiations will take place prior to signing a contract extension from anywhere between one and three years. As requested in the RFP, and standard procedure with IEC, the rates indicated are all inclusive. There will be no additional fees for anything unless specifically requested by the City. Our all inclusive rates will include but are not limited to the following: >• Staff Equipment: As standard with all IEC CM/Inspection staff, our employees are provided with laptop computers with wireless internet. All necessary safety equipment, cameras, video cameras, cell phones, sound monitors, survey equipment, manhole ingress/egress equipment, pipeline sleds, rope, breathing equipment etc. >• Vehicles: All IEC staff use their personal vehicles and are reimbursed for mileage as indicated by the Federal Government current mileage reimbursement rates. y Web Based Project Management Service: IEC will provide (if accepted by the City) a per project web based project management tool which provides the City current project information 24 hours a day. This tool requires no software and can be accessed by any computer as long as the user is an approved member of the project team with the required passwords. The web site contains all applicable project information electronically time stamped including; daily reports, daily photographs with descriptions, all updated logs, schedules, project submittals, rfi's etc., at no extra cost to the City. If the City is not interested in this service IEC will provide project administration as the City requires. > Employee Certifications/Training: All of the IEC staff members are trained yearly and hold certifications in Confined Space Entry, Storm Water Pollution Prevention, and OSFIA Safety Training. It is mandatory for our "Special Inspectors" to update all 8.58 <J13 2400 f 85841.12440 »ww i«c';fporat.o,> ,-om Mr, John Maashoff Qry of Carlsbad February 25, 2008 Page- 2 of 2 certifications required by ICC. As indicated in our original proposal, our combined staff members have all the necessary certifications to provide the City of Carlsbad with any special inspections which may be required for your projects. Overtime: Although IEC follows all required overtime payment to our employees, the City will be charged straight time even if the employee works beyond 8 hours in a single day or 40 hours in a work week. HOURL Y CHARGE RA TE YEAR 1 (2008) HO URL Y CHARGE RA TE YEAR 2 (2009) CONSTRUCTION MANAGEMENT Construction Inspector 5 100 Senior Construction Inspector | 108 Resident Engineer $ 125 Construction Manager % 145 Sr. Construction Manager., $ 155 CM Coordinator $ 85 Asst CM Coordinator $ 65 3% Increase CONSTRUCTION MANAGEMENT Construction Inspector $ 103 Senior Construction Inspector $ 111 Resident Engineer 5 129 Construction Manager $ 149 Sr. Construction Manager $ 160 CM Coordinator $ 88 Asst CM Coordinator $ 67 These all inclusive rates make the billing process simple for your review with a single line invoice including the Project/Task No., employee name, time, rate and invoice total. I again thank you for the opportunity to provide this proposal and look forward to providing the City of Carlsbad nothing but the best client service and quality of work in the business. Sincerely, Preston "Skip" Lewis Principal-In-Charge s 2400 f 85S.4I3 i440