HomeMy WebLinkAbout2012-10-02; City Council; 21017; Approval Professional Service AgreementsCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
21.017
10/2/2012
TRANS
APPROVAL OF PROFESSIONAL
SERVICE AGREEMENTS FOR AS-
NEEDED CONSTRUCTION
MANAGEMENT & INSPECTION AND
MATERIALS TESTING SERVICES
DEPT. DIRECT
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2012-229 approving professional service agreements for as-needed inspection
and construction management services with Simon Wong Engineering, Inc., Infrastructure Engineering
Corporation, and Harris & Associates, Inc.
Adopt Resolution No. 2012-230 approving a professional service agreement for as-needed materials
testing services with Southern California Soil & Testing, Inc.
ITEM EXPLANATION:
It is desirable to support and augment city staff with outside professional services to provide construction
management, inspection and materials testing on an as-needed basis. In May 2012 the city sent out two
Requests for Proposal (RPR): one for as-needed construction management and inspection services, and
one for as-needed materials testing services. Staff received a total of 16 proposals for construction
management and inspection services, and 10 proposals for materials testing. A selection committee
evaluated the RFPs consistent with the 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, Infrastructure Engineering Corporation, and Harris & Associates, Inc. for as-needed
construction management and inspection.
Two firms were selected for as-needed materials testing services, Southern California Soil & Testing,
Inc and Construction Testing & Engineering, Inc. (CTE). On August 28, 2012 City Council awarded an
as-needed agreement for materials testing to CTE; staff is now recommending that the City Council
approve an agreement with Southern California Soil & Testing, Inc. for as-needed materials testing. The
reason for separate awards was the ability of CTE to submit the required insurance documents in a
timely fashion and the City's need for materials testing on current projects.
FISCAL IMPACT:
It is estimated the Construction Management & Inspection Division of the Transportation Department
may require approximately $200,000 - $400,000 per firm annually in as-needed materials testing
services for Capital Improvement Program (CIP) projects. The range in estimated cost is due to the
uncertainty of project timing. As such, staff is recommending awarding a one year agreement with three
allowable extensions in a not-to-exceed amount of $400,000 per agreement year:
Materia s Testing Services
Contract Year Annual Contract Amount
1 $400,000
2 $400,000
3 $400,000
4 $400,000
TOTAL $1,600,000
DEPARTMENT CONTACT: Pat Vaughan 760-602-2780 x7321 patrick.vauqhana.carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED X
DENIED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
COUNCIL RECEIVED THE
REPORT/PRESENTATION
OTHER-SEE MINUTES
•
•
•
•
•
Page 2
It is estimated the Construction Management & Inspection Division may require approximately
$400,000-$600,000 per firm annually in as-needed construction management and inspection services
for private development and CIP projects. The range in estimated cost is due to the uncertainty of
project timing. Having agreements with three separate firms allows staff to select the most appropriate
inspector for each project. As such, staff is recommending awarding three one year agreements, each
with three allowable extensions in a not-to-exceed amount of $600,000 per agreement year:
Construction Management & Inspection Services
Contract Year
individual Annual Contract
Amount
1 $600,000
2 $600,000
3 $600,000
4 $600,000
TOTAL $2,400,000
Payments for both materials testing and construction management and inspection of CIP projects will be
made on a time and material basis for actual work performed by the Contractor. Work performed for the
CIP will be dependent on each project's funding as awarded by Council on an individual project basis.
Construction management and inspection of private development projects will also be made on a time
and material basis for actual work performed and is limited by the amounts appropriated during the
annual operating budget. Extensions of all agreements will be based on a satisfactory review of the
Contractor's performance, city needs, and appropriation of funds to CIP projects as well as the operating
budget by the City Council. Sufficient funds are available for the current request.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Agreement for As-needed Testing Services (Southern California Soil & Testing, Inc.)
2. Agreement for As-needed Inspection and Construction Management Services (Harris &
Associates, Inc.).
3. Agreement for As-needed Inspection and Construction Management Services (Infrastructure
Engineering Corporation).
4. Agreement for As-needed Inspection and Construction Management Services (Simon Wong
Engineering, Inc.)
5 Resolution No. 2012-229 approving professional service agreements for as-needed inspection
and construction management services with Simon Wong Engineering, Inc., Infrastructure
Engineering Corporation, and Harris & Associates, Inc.
6. Resolution No. 2012-230 approving a professional service agreement for as-needed materials
testing services with Southern California Soil & Testing, Inc.
AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES SERVICES
(SOUTHERN CALIFORNIA SOIL & TESTING jNC.)
THIS AGREEMENT is made and entered into as of the day of
(P<7^UM^ 20 /c^ bv and between the CITY OF CARLSBAD, a municipal
corporation. ("City"), and Southern Califomia Soil & Testing, Inc., a California Corporation,
("Contractor").
RECITALS
A. City requires the professional services of a firm that is experienced in materials
testing.
B. Contractor has the necessary experience in providing professional services and
advice related to materials testing.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While perfomiing 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 year from the date first above
written. The City Manager may amend the Agreement to extend it for three additional one 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
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".
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6. STATUS OF CONTRACTOR
Contractor will perfomi 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 wilt 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 indemnificatibh amount
from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion ofthe 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 including attomeys
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 tenmlnation of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendnrients, insurance against claims for injuries to persons or damage to property which may
anse 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 Califomia. The
insurance canier is required to have a cun-ent Best's Key Rating of not less than "A-:VH". OR
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with a surplus line insurer on the State of Califomia's List of Eligible Surplus Line Insurers
(LESLl) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations dr 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 earned by Contractor pursuant to this Agreement are adequate to
protect Coritractor. 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 Liabiiitv 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 Liabiiitv (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 Liabiiitv. 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 Liabiiitv. 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.
I I If box Is checked. Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor wiir 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 Coveraae. 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
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maintain the required coverages. Contractor is responsibly 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. Citv reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor Will maintain complete and accurate records with respect to costs incun^ed under this
Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City
during nomial business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Coritractor will allow inspection of all
wori^, 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 wori< 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 wori< product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Patrick Vaughan • .. Name Garrett Fountain -•
Title Deputy Director Title vice president
Dept CM&i/Transportation Address PQ BOX 600627
San Diego CA 92160
Address 5950 El Camino Real Phone No. 619-280-4321
Carisbad. CA 92008 Email gf ountainQ sc st. com
Phone No. 760-602-2780
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Confilct of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully 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 resF)onsible for the compliance of
Contractor's services with all applicable laws, ordinances and
Contractor will be aware ofthe requirements of the Immigration Refonn and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the perfonnance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othenA/ise 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 fonvarded to both
parties involved along with reconimended 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 resolutiort 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.
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
temiination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may temriinate this Agreement upon written notice to
Contractor. Upon notification of tennination, Contractor has five (5) business days to deliver any
documents owned by City and aH wori< 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 perfomied 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 woric product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work perfomfied to the termination date; however, the total will not exceed the lump sum fee
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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 secui-e 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 othenwise 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 Govemment Code sections 12650 et seg..
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false infonnation or in reckless disregard of the tmth 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 wori< or improvement
for a period of up to five (5) years. Contractor acknowledges debannent by another jurisdiction
is grounds for City to tenninate 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 Califomia, 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 refen-ed 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
confilct, the temns 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.
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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 tenns and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of Califomia
By:
(sign here) Mayor
(printname/title)
ATTEST:
(sign here)
(print name/title)
CteRRAINE M. WOOD .xN^il\.SB><\AV
City Clerk
:0;
If required by City, proper notarial acknowledgment of execution by confrl^^P^8IBP*Be^"
attached. If a corporation. Agreement must be signed by one corporate officer fro'rVv^aih c^^hlB
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: L Assistant City Attorney
AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES SERVICES
(SOUTHERN CALIFORNIA SOIL & TESTING. INC )
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9
ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of Califomia
County of jJ On
Ajfuy/- 1'^'^ J HOll . before me, D\f\Nt LAjORRiS
DATE
personally appeared
, Notary Public,
, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) ds?are subscribed to the within instrument
and acknowledged to me that ^she/they executed the
same in KSyher/their authorized capacity(ies), and that
by kliP/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
DIANE L. NORRIS
COMM. #1809030
NOTARY PUBLIC • CALIFORNIA jg
-V^e«?V/ SAN DIEGO COUNTY "t
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
DIANE L. NORRIS
COMM. #1809030 ^
i k'^^Wm NOTARY PUBLIC • CALIFORNIAg
^ V#^3y SAN DIEGO COUNnr "t
^ Commission Expires Aug. 16, 2012 |
WITNESS my hand and official seal
NOTARY'S SIGNATLIRE
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The infomiation below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this fonn to an unauthorized document.
TITLE(S)
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
• INDIVIDUAL
[2 CORPORATE OFFICER sj. P
• PARTNER{S)
• ATTORNEY-IN-FACT
• TRUSTEE! S)
• GUARDIAN/CONSERVATOR
• OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER (PRINCIPAL) IS REPRESENTING:
NAMEOF PERSON(S)OR ENTITY(IES)
OTHER
RIGHT
THUMBPRINT
OF
SIGNER
APA 01 20()S NOTAR'*! BONDS. Sl'PPLIES AND EORMS AT HTTP: WWW.VALLEY-SIERRA.COM Km-imY. VALLEY-SIERRA INSl iRANC Ei
ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
5^AiJ Ov County of ego } SS.
On Artj/)j- before me, D\A^ LKjCddlS
DATE
personally appeared i<jrz3UJiiAo( A. k^4^
, Notary Public,
, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s)^/are subscribed to the within instrument
and acknowledged to me that fi?/she/they executed the
same in<Sfs/her/their authorized capacity!ies), and that
by laf0/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instmment.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
DIANE L. NORRIS
COMM. #1809030
NOTARY PUBLIC •CALIFORNlAg
WITNESS my hand and official seal.
NOTARY'S SIGNATURE
PL AC E N( )TARY SEAL IN AB( )VE SPACE
—i—• 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)
• INDIVIDUAL
•CORPORATE OFFICER C . f^^d.
• PARTNER(S) TiTLE(S)
• ATTORNEY-IN-FACT
• TRUSTEE(S)
• GUARDIAN/CONSERVATOR
• OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
__ _ NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER (PRINCIPAL) IS REPRESENTING:
NAMEOF PERSON(S)OR ENTITYdES)
OTHER
APA 01 200K
RIGHT
THUMBPRINT
OF
SIGNER
NO rAR^'B()Nr>S. SUPPLIES AND FORMS AT HTTP: - WWAV.VALLEY-SIERRA.COM t-2005-;(Km VALLEY -SIERRA 1NSIIRANCE|
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall perfonn as-needed materials testing services in accordance with the city's
Request for Proposals dated May 30, 2012. The agreed upon billing rates for services outlined
in said proposal are attached hereto.
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List of Services/Fee Schedule
SCS&T provides the following services that include:
GEOTECHNICAL AND ENGINEERiNG
GEOLOGY SERVICES
• Soils and Geotechnical Investigations
• Pavement Section Design
• Shoring Observation
• Geologic Hazard Reconnaissance
• Geologic Mapping
• Landslide Evaluations
• Fault Investigations
• Seismic Refraction Surveys
• Seismic Hazard, Liquefaction and Slope
Stability Analyses
MATERIALSTESTING/SPECIAL
INSPECTION
SOILS
• Density In Place (Sand Cone Method)
• Density in Place (Nuclear Method)
• R Value
• Percolation
• Expansion Index
• Shear Strength
• Maximum Dry Density
• Gradation
• Sand Equivalent
• Moisture Content in Place
CONCRETE
• Mix Design
• Compressive Strength
• Slump Test
• Air Content
AGGREGATES
• Sieve Analysis
• LA. Abrasion
• Organic lmpurities
• Sand Equivalent
• Durability Index
• Specific Gravity
RaNFORCiNG STEEL
• Tensile Strength
• Ductility Test
STRUCTURAL STEEL
• Tensile Strength
• Ductility Test
• Ultrasonic Testing
• Magnetic Particle Testing
MATERIALSTESTING/SPECIAL
INSPECTION (continued)
ASPHALT CONCRETE
• Plant Inspection
• Mix Design
• Density in Place
• Hveem Stability
• Marshall Stability
• Wet Track Abrasion
• Asphalt Extraction and Gradation (Ignition
Oven)
MASONRY CONSTRUCTION
• Prism Compression Test
• Mix Design
MASONRY BLOCK
• Absorption
• Compression
• Drying Shrinkage
• Moisture
MASONRY BRICK
• Absorption
• Compression
• Efflorescence
• Rupture
MASONRV MORTAR AND GROUT
• Compression
ADOBE BLOCK
• Absorption
• Compression
• Erosion
• Rupture
• Moisture
ROOFING AND WATERPROOFING
SERVICES
• Roofing
• Balconies
• FireSafing
• Building Envelope Systems
• Shear Diaphram
• Window and Curtain Wall Testing
• Moisture Vapor Emission Testing
• Below Grade Waterproofing
• Floor Flatness/Floor Levelness
Southern California Soil and Testing, Inc.
Schedule of Fees for Professional Services for the City of Carlsbad
Prevailing Wage Effective January I, 2012
_ _ ^ PROiFESSWHhiAL SERVICES |
EngineerlGeologist
Principal Engineer/Geologist
Senior Engineer/Geologist „,„ j 40
Staff Engineer/Geologist „ , , j | ^
Tec/inlcfOfi
Soils/Materials/QA-QC Supervisor , $102
Soils Technician ..... 92
Materials Technician (ACI) 92
Coring - Asphalt, Concrete. Masonry and Gunite ...„.„,... , , , 92
Certified Deputy Inspection
Certified Materials Special Inspector , $92
Certified Building Inspector ,„ 92
NDT Technician (UT, MT. DT, VT) „ 92
Batch Plant Inspector , 74
AWS Certified Welding Inspector (Field Welding, Shop Welding, High-Strengtii Bolting) 92
M/sce/loneous
Overtime and Saturday Rate j.5 x Regular Hourly Rate
Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving)! x Regular Hourly Rate
Minimum Professional Fee... , ...$500/Project
Minimum Field Services Fee .$400/Proiect
Rush Surcharge..,.. ....................normal rate plus 50%
TRAVEL I
Personnel Regular Hourly Rate
Per Diem (variable, depending on location) $80^l60/day
Delivery..... $63
Sample Pick Up (San Diego, Riverside and San Bernardino Counties)..,...... „ .....$63
I EQUIPMENT AND MATERIALS j
Nuclear Gauge............. Included in Technician Rate
Floor-Level Survey (Zip Level) $60/day
Rebound Hammer (ASTM C805) .,..$IO/hr
Generator ...$50/day
Equipment/Materials C^st + 20%
Pachometer „ _ $ lO/hr
Hydraulic Jack $ 10/hr
Torque Wrench $IO/hr
It
LABORATORY TESTS
Soil and Aggregate
Cleanness Value - Larger than 1* (Cal 227) $128
Sieve Analysis Fine Aggregate w/Wash (Cal 202, ASTM C136) 71
Sieve Analysis Coarse Aggregate (Cal 202, ASTM CI36) 57
Sieve Analysis Pit Sample (Cal 202, ASTM CI36) 123
Percent Finer than 200 Wash (Cal 202, ASTM CI7) 66
Fineness Modulus (ASTM CI36) 23
Dry Sieve Analysis Aggregate (Non-Wash) (Cal 202, ASTM C136) 50
Clay Lumps in Aggregate/Per Size (ASTM CI42) 116
Organic Impurities (Cal 213, ASTM C40) 57
Cleanness Value - I" and Smaller (Cal 227) 87
Specific Gravity Fine Aggregate (Cal 207, ASTM CI28) 71
Absorption Fine Aggregate (Cal 207, ASTM CI28) 37
Specific Gravity Coarse Aggregate (Cal 206, ASTM CI27) 66
Absorption Coarse Aggregate (Cal 206, ASTM CI27) 37
Unit Weight Aggregate (Cal 212, ASTM C29) 50
Moisture in Fine Aggregate (Cal 226, ASTM C566) 37
Abrasion by LA Rattler- I 1/2" and smaller (Cal 211, ASTM CI3I) 215
Soundness 5 Cycles/Size (Cal 214. ASTM C88) 116
Durability Index (Cal 229, ASTM D3744) 215
Durability Factor (Cal 229, ASTM D3744) 93
Abrasion by L A Rattler - larger tiian I I /2" (Cal 211, ASTM C535) 228
% Flat & Elongated Pieces/Size (ASTM D479I) 116
% Crushed Particles/Size (Cal 205, ASTM D693) 116
Potential Reactivity Chemical Method (ASTM CI260) Quote
Sand Equivalent (Ol 217. ASTM D24I9) 85
Petrographic Analysis (Cal 215, ASTM C295) Quote
R-Value (ai 301, ASTM D2844) 265
R-Value, Treated Material (Cal 301, ASTM D2844) 300
Light Weight Pieces (ASTM CI23) 143
Wetting-Drying Test (ASTM D1632) 215
Soil Cement Maximum Density (ASTM DI557) 242
Soil Cement Compression Strength (Cal 312, ASTM DI632) 49
Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632) 99
Direct Shear (ASTM D3080) 200
Direct Shear Test, Slow Speed (ASTM D3080) 319
Collapse Potential (Cal 219, ASTM D2435) 106
Liquid Limit (Cal 204, ASTM D4318) 56
Plastic Umit (ai 204, ASTM D4318) 127
Plasticity Index (Cal 204, ASTM D4318) 122
Shrinkage Limit (ASTM D4943) 79
Soil Classification (ASTM D2487) 198
Consolidation Point (ASTM D2435) 49
Triaxlal Consolidation Point (ASTM D4745) Quote
Rate Consolidation Point (ASTM D2435) 79
Natural Density Ring or Core Sample (ASTM D2937) 32
Natural Density - Wax Chunk (ASTM D2937) 39
LABORATORY TESTS (CONT.)
Soil and Aggregate (cont)
Percent Natural Moisture (ASTM D22I6) $29
Maximum Density/Optimum Moisture - 4" (ASTM DI557) 192
Maximum Density/Optimum Moisture - 6" (ASTM DI557) 212
Maximum Density/Optimum Moisture - 4" (ASTM D698) 176
Maximum Density/Optimum Moisture - 6" (ASTM D698) 192
Minimum Density (ASTM DI556) 71
California Impact (Cal 216) 198
Maximum Density Check Point (ASTM D698/DI557) 85
Sieve Analysis Washed (ASTM CI36) 80
Sieve Analysis, Fraction Larger than 4" (Cal 202, ASTM C136) 50
Hydrometer (Cal 203, ASTM D422) 106
Percent Passing#200 (ASTM CI I7/D422) 57
Permeability Undisturbed (Cal 220. ASTM D5084) Quote
Permeability Remold Sample (Cal 220, ASTM D5084) Quote
Permeability Consolidation (Cal 220, ASTM D5084) Quote
Expansion Index (ASTM D4289) 170
Triaxial Shear (ASTM D4554) Quote
Residual Shear (ASTM D6467) 425
Unconfined Compression (ASTM D2I66) 156
Rock Correction (ASTM D47I8) 25
Califomia Bearing Ratio includes Max Density Method C (ASTM D854) 594
Bearing Ratio - Army Corp of Engineers 624
Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity) 180
Specific Gravity/Sands and Clays (ASTM D854) 140
Soluble Chlorides (Cal 422) 60
Soluble Sulfate (Cal 417) 60
pH and Resistivity (Cal 643, ASTM G5I) 120
Asphalt Concrete
Asphalt Conformance Testing Full (inc. % Bitumen. SA Extracted, (2) Hveem. Maximum Theoretical. (2) StabHometer Value) .. $801
Asphalt Conformance Testing Modified (inc. % Bitumen, SA Extracted, (2) Hveem) 447
Moisture Content of Asphalt Mixtures Using Microwave (Cal 370) ..48
Film Stripping (Cal 302) , 171
Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307) 176
Sieve Analysis - Extraaed Aggregate (Cal 382, ASTM D5444) 86
Specific Gravity - Waxed Asphalt Core (Cal 308, ASTM D1188) 71
Specific Gravity - Asphalt Core (Cal 308, ASTM D2726) 56
Moisture Vapor Susceptibility (Cal 307) 249
Unit Weight, Hveem or Marshal (per Plug) (Cal 308, ASTM D1561/D1559) 128
Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D204I) 128
Marshal Mix Design (ASTM DI559) 2,980
AC Stability and Flow (ASTM DI559) 141
Optimum Bitumen Content (Cal 367) Z980
Hveem Mix Design(Cal 308, ASTM DI56I) 2,980
Swell Asphalt Concrete (Cal 305, ASTM DI56I) 141
Stabilometer Value (Cal 366, ASTM DI560) 141
Retained Strength (6 Plugs) 645
LABORATORY TESTS (CONT.)
Asphalt Concrete (cont)
Residue Viscosity $285
Concrete
Trial Batch Fabrication (ASTM CI92) $287
Trial Batch Concrete Cylinder (Cal 521, ASTM CI92) 37
Trial Batch Beam (Cal 523, ASTM CI92) 66
Rapid Cure Concrete Boil Method 171
Concrete Core Compression (ASTM C42) 57
Modulus Elasticity (Ol 522, ASTM C469) 251
6" X 6" Flex Beam (Cal 523, ASTM C78) 71
Concrete Permeability 429
Unit Weight, Hardened Concrete (ASTM C642) 43
Cement Content, Hardened Concrete 857
Moist Condition, Hardened Concrete 251
Specific Gravity, Absorption, Void - Hardened Concrete (ASTM C642) 357
Potential Alkali Reaction, Mortar Bar# 4. ..714
Shotcrete Panel, 3 Cores - Compression (CBC) 279
Split Tensile, Concrete Cylinder (ASTM C496) 71
Concrete Cylinder Compression (Cal 521, ASTM C39) 26
Pre-Construction Shotcrete Panels (ASTM CI 140) 1,000
Length Change, Mortar or Concrete (ASTM CI57) , 357
Compression Tests, Lightweight Concrete Fill (ASTM C567) 57
Unit Weight, Lightweight Concrete Rll (ASTM C567) 57
Masonry
Mortar Properties (ASTM D2I66) $429
Trial Grout Prisms (ASTM C942) 37
Absorption Block (ASTM CI40) 37
Compression Block, Large (ASTM CI40) 50
Compression Block, Standard (ASTM CI40) 48
Efflorescence Block 57
Percent Moisture, Block (ASTM CI40) 37
Linear Shrinkage, Block (ASTM C426) 242
Tensile, Block (ASTM CI40) 165
Weight/Cubic Foot. Block (ASTM CI40) 29
Absorption 24-Hour, Brick (ASTM C67) 37
Absorption 5-Hour, Brick (ASTM C67) 37
Compression, Brick (ASTM C67) 37
Efflorescence, Brick (ASTM C67) 43
Modulus of Rupture, Brick (ASTM C67) 71
Saturation Coefficient, Brick (ASTM C67) 71
Masonry Core Shear 88
Masonry Core Compression (ASTM C42) 49
Tile Shear Test (Ub) (ANSI 118) 51
Water Retention and Air Content (ASTM C270) 450
Mortar Bond Strength - Pull Test (ASTM C482) 60
Base Plate Grout Compression (ASTM CI09) 32
Grout Prism Compression (ASTM CI0I9) 26
Mortar Cylinder Compression 26
n
_ LABORATORY TESTS (CONT.)
yVlosonry (cont)
Masonry Prism Compression (Half) (ASTM £447) $106
Masonry Prism Compression (Full) (ASTM E447) 143
Metal
Tensile Strengdi #3 - #8 Bar (ASTM A6I5/A706) $71
Tensile Strengtii #9 - #11 Bar (ASTM A6I5/A706) 87
Tensile Strength #14 - #18 Bar (ASTM A615) Quote
Bend Test Bar (ASTM A6I5) 43
Tensile Strength, Structural Steel (ASTM A370) 116
Bend Test. Structural Steel (ASTM A370) 57
Modulus of Elasticity (Steel) 140
MfsceZ/oneous
Fire Proofing Density Test (ASTM E605) $66
Fiber Reinforced Polymer, Tensile (ASTM D3039) 500
TERMS AND CONDITIONS
All field services will be charged from portal to portal with the foiiowing minimum charges:
• A one-hour minimum charge will be applied to materials sampling and sample pickups.
• A two-hour show-up charge will be applied to any service canceled after 4:00 PM the previous day.
• A four-hour minimum charge will be applied to all field services.
• A six-hour charge will be applied to all field services requiring between four and six hours of work.
• An eight-hour charge will be applied to all field services requiring between six and eight hours of work.
• Work In excess of eight hours up to twelve hours in a single day, will be charged in 30-minute increments
at 1.5 times the standard rate.
• Work in excess of twelve hours in a day will be charged in one-hour increments at 2.0 times the standard
rate.
• The Director of Industrial Relations (DIR) may dictate periodic Increases to the prevailing wage during the
duration of this project/contract SCS&T will increase our hourly rate on the effective date determined by
the DIR. by a ^ctor of 1.8 times the hourly increase.
• A two and one-half percent (2.5%) fee v^'ll be charged for project administrative tasks.
• Certified payroll can be provided if requested. A one-hour administrative charge will be invoiced per pay
period.
Work performed by field or laboratory personnel outside of normal business hours (6:30 AM - 5:00 PM) will
be charged a premium on a case-by-case basis.
Reimbursables: SCS&T reserves the right to charge for services outside of the contraa in the form of
reimbursables. These items include, but are not limited to the following consumables: magnetic particle
powder, ultrasonic copulent, concrete cylinder cans, etc. The following are also included: mileage, travel time,
equipment rental, administrative time utilized for photocopying, distribution lists, express mailing, archive
searches, etc.
Subcontracted services that are included on the Fee Schedule will be charged at those rates. Subcontracted
services not included in our Fee Schedule will be charged at cost plus 20 percent Per diem charges will be
applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 50 cents per
mile for distances over 50 miles from the location of dispatch.
TERMS AND CONDITIONS (CONT.)
Invoices for all services completed or in progress will be submitted bi-monthly. These invoices are due in full
upon presentation to the client Invoices outstanding over 30 days will be considered past due. A finance
charge will be computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent and
charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be
entitied to recover its reasonable attorney's fees and other costs of collection.
Our professional engineering, geology, and inspection services are performed in accordance with the current
standards of practice in the industry. No other warranty or representation, express or implied. Is made or
intended.
Should any services provided by SCS&T for this project become subject to state or federal prevailing wage
requirements, SCS&T will be compensated for those services at its prevailing wage rates, from the date these
requirements become effective through completion of the project
1130 Palmyrita Avenue, Suite 330A
Riverside, Califomia 92507
951.965.8711, Toll Free 877.215.4321
www.scst.com
6280 Riverdale Street
San Diego, California 92120
619.280.4321. Toll Free 877.215.4321
www.scstcom
83-740 Citrus Avenue, Suite G
Indio, California 92201
760.775.5983, Toil Free 877.215.4321
www.scstcom
Celebrating more than 50 Years in Southern California
Southern California Soil and Testing, inc.
Schedule of Fees for Professional Services for the City of Carlsbad
Non^Prevailing Wage Effective January 1,2012
i PROFESSIONAL SERVICES |
BngineeriGeologist
Principal Engineer/Geologist $ 167
Senior Engineer/Geologist , 140
Staff Engineer/Geologist 116
Technlcfon
Soils/Materials/QA-QC Supervisor $102
Soils Technician , 55
Materials Technician (ACI) , 55
Coring - Asphalt Concrete, Masonry and Gunite 75
Certified Dejouty Inspectton
Certified Materials Special Inspector $55
Certified Building Inspector , 65
NDT Technician (UT. MT, DT, VT) 65
Batch Plant Inspector 74
AWS Certified Welding Inspector (Field Welding, Shop Welding, High-Strength Bolting) 65
Miscellaneous
Overtime and Saturday Rate ...1.5 x Regular Hourly Rate
Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving)2 x Regular Hourly Rate
Minimum Professional Fee ...$500/Project
Minimum Field Services Fee «... ...$400/Project
Rush Surcharge ..normal rate plus 50%
TRAVEL
Personnel Regular Hourly Rate
Per Diem (variable, depending on location) $80-i60/day
Delivery $63
Sample Pick Up (San Diego, Riverside and San Bernardino Counties) $63
[ EQUIPMENT AND MATERIALS
Nuclear Gauge Included in Technician Rate
Floor-Level Survey (Zip Level) $60/day
Rebound Hammer (ASTM C805) ......$ I O/hr
Generator $50/day
Equipment/Materials ...Cost + 20%
Pichometer $ I O/hr
Hydraulic Jack , $ I O/hr
Torque Wrench $ I O/hr
^0
LABORATORY TESTS
Soil and Aggregate
Cleanness Value - Larger than V (Cal 227) $128
Sieve Analysis Fine Aggregate w/Wash (Cal 202, ASTM CI36) 71
Sieve Analysis Coarse Aggregate (Cal 202, ASTM C136) 57
Sieve Analysis Pit Sample (Cal 202, ASTM CI36) 123
Percent Rner than 200 Wash (Cal 20Z ASTM CI7) 66
Fineness Modulus (ASTM CI36) 23
Dry Sieve Analysis Aggregate (Non-Wash) (Cal 202, ASTM C136) 50
Clay Lumps In Aggregate/Per Size (ASTM CI42) 116
Organic Impurities (Cal 213, ASTM C40) 57
Cleanness Value - 1" and Smaller (Cal 227) 87
Specific Gravity Fine Aggregate (Cal 207, ASTM CI28) 71
Absorption Fine Aggregate (Cal 207, ASTM CI28) 37
Specific Gravity Coarse Aggregate (Cal 206, ASTM CI27) 66
Absorption Coarse Aggregate (Cal 206, ASTM CI27) 37
Unit Weight Aggregate (Cal 212, ASTM C29) 50
Moisture in Fine Aggregate (Cal 226, ASTM C566) 37
Abrasion by L A Rattier - I I /2" and smaller (Cal 211, ASTM C131) 215
Soundness 5 Cycles/Size (Cal 214, ASTM C88) 116
Durability Index (ai 229, ASTM D3744) 215
Durability Factor (Cal 229, ASTM D3744) 93
Abrasion by L A Rattier - larger tiian I I IT (ai 211, ASTM C535) 228
% Rat & Elongated Pieces/Size (ASTM D4791) 116
% Crushed Particles/Size (Cal 205, ASTM D693) 116
Potential Reactivity Chemical Method (ASTM CI260) Quote
Sand Equivalent (Cal 217, ASTM D2419) 85
Petrographic Analysis (Cal 215. ASTM C295) Quote
R-Value (Cal 301. ASTM D2844) 265
R-Value, Treated Material (Cal 301, ASTM D2844) 300
Light Weight Pieces (ASTM C123) 143
Wetting-Drying Test (ASTM D1632) 215
Soil Cement Maximum Density (ASTM DI557) 242
Soil Cement Compression Strength (Cal 312, ASTM DI632) 49
Soil Cement Cylinder Fabrication (Cal 3 IZ ASTM DI632) 99
Direct Shear (ASTM D3080) 200
Direct Shear Test Slow Speed (ASTM D3080) 319
Collapse Potential (Cal 219, ASTM D2435) 106
Uquid Limit (Cal 204, ASTM D4318) 56
Plastic Limit (Cal 204, ASTM D4318) 127
Plasticity Index (Cal 204, ASTM D43I8) 122
Shrinkage Umit (ASTM D4943) 79
Soil Classification (ASTM D2487) 198
Consolidation Point (ASTM D2435) 49
Triaxial Consolidation Point (ASTM D4745) Quote
Rate Consolidation Point (ASTM D2435) 79
Natural Density Ring or Core Sample (ASTM D2937) 32
Natural Density - Wax Chunk (ASTM D2937) 39
LABORATORY TESTS (CONT.)
Soil and Aggregate (cont.)
Percent Natural Moisture (ASTM D22I6) $29
Maximum Density/Optimum Moisture - 4" (ASTM DI557) 192
Maximum Density/Optimum Moisture - 6" (ASTM DI557) 212
Maximum Density/Optimum Moisture - 4" (ASTM D698) 176
Maximum Density/Optimum Moisture - 6" (ASTM D698) 192
Minimum Density (ASTM DI556) 71
California Impact (Cal 216) 198
Maximum Density Check Point (ASTM D698/DI557) 85
Sieve Analysis Washed (ASTM CI36) 80
Sieve Analysis, Fraction Larger than 4" (Cal 20Z ASTM CI36) 50
Hydrometer (Cal 203, ASTM D422) 106
Percent Passing #200 (ASTM CI I7/D422) 57
Permeability Undisturbed (Cal 220, ASTM D5084) Quote
Permeability Remold Sample (Cal 220, ASTM D5084) Quote
Permeability Consolidation (Cal 220, ASTM D5084) Quote
Expansion Index (ASTM D4289) 170
Triaxial Shear (ASTM D4554) Quote
Residual Shear (ASTM D6467) 425
Unconfined Compression (ASTM D2I66) 156
Rock Correction (ASTM D47I8) 25
California Bearing Ratio includes Max Density Method C (ASTM D854) 594
Bearing Ratio - Army Corp of Engineers 624
Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity) 180
Specific Gravity/Sands and Clays (ASTM D854) 140
Soluble Chlorides (Cal 422) ....60
Soluble Sulfate (Cal 417) 60
pH and Resistivity (Cal 643, ASTM G5I) 120
Asphalt Concrete
Asphalt Conformance Testing Full (inc. % Bitumen, SA Extracted, (2) Hveem. Maximum Theoretical. (2) Stabilometer Value) .. $801
Asphalt Conformance Testing Modified (inc. % Bitumen, SA Extracted, (2) Hveem) 447
Moisture Content of Asphalt Mixtures Using Microwave (Cal 370) 48
Rim Stripping (Cal 302) 171
Percent Bitumen Asphaltic Concrete (Cal 38Z ASTM D6307) 176
Sieve Analysis - Extracted Aggregate (Cal 382, ASTM D5444) 86
Specific Gravity - Waxed Asphalt Core (Cal 308. ASTM D1188) 71
Specific Gravity - Asphalt Core (Cal 308. ASTM D2726) 56
Moisture Vapor Susceptibility (Cal 307) 249
Unit Weight Hveem or Marshal (per Plug) (Cal 308, ASTM DI56I/DI559) 128
Maximum Theoretical Specific Gravity AC (Cal 309. ASTM D204I) 128
Marshal Mix Design (ASTM DI559) 2,980
AC Stability and Flow (ASTM DI559) 141
Optimum Bitumen Content (Cal 367) 2,980
Hveem Mix Design(Cal 308, ASTM DI56I) 2,980
Swell Asphalt Concrete (Cal 305, ASTM DI56I) 141
Stabilometer Value (Ol 366, ASTM D1560) 141
Retained Strength (6 Plugs) 645
LABORATORY TESTS (CONT.)
Asplioft Concrete (cont.)
Residue Viscosity $285
Concrete
Trial Batch Fabrication (ASTM CI92) $287
Trial Batch Concrete Cylinder (Cal 521, ASTM CI92) 37
Trial Batch Beam (Cal 523, ASTM CI92) 66
Rapid Cure Concrete Boll Method 171
Concrete Core Compression (ASTM C42) 57
Modulus Elasticity (Cal 52Z ASTM C469) Z.Z Z 7.7 251
6" X 6" Rex Beam (Cal 523, ASTM C78) 7|
Concrete Permeability 429
Unit Weight Hardened Concrete (ASTM C642) \ 43
Cement Content Hardened Concrete 857
Moist Condition, Hardened Concrete 251
Specific Gravity, Absorption, Void - Hardened Concrete (ASTM C642) 357
Potential Alkali Reaction, Mortar Bar # 4 714
Shotcrete Panel, 3 Cores - Compression (CBC) 279
Split Tensile, Concrete Cylinder (ASTM C496) 71
Concrete Cylinder Compression (Cal 521, ASTM C39) 26
Pre-Construction Shotcrete Panels (ASTM CI 140) 1,000
Length Change, Mortar or Concrete (ASTM C15^ 357
Compression Tests, Lightweight Concrete Rll (ASTM C567) 57
Unit Weight Lightweight Concrete Rll (ASTM C567) 57
Mosonfy
Mortar Properties (ASTM D2I66) $429
Trial Grout Prisms (ASTM C942) 37
Absorption Block (ASTM CI40) 37
Compression Block, Large (ASTM CI40) 50
Compression Block, Standard (ASTM CI40) 48
Efflorescence Block 57
Percent Moisture, Block (ASTM CI40) 37
Unear Shrinkage, Block (ASTM C426) 242
Tensile, Block (ASTM CI40) **. 165
Weight/Cubic Foot Block (ASTM C140) ...7.29
Absorption 24-Hour, Brick (ASTM C67) , 37
Absorption 5-Hour, Brick (ASTM C67) 37
Compression, Brick (ASTM C67) 37
Efflorescence, Brick (ASTM C67) 43
Modulus of Rupture, Brick (ASTM C67) 71
Saturation Coefficient Brick (ASTM C67) 71
Masonry Core Shear 88
Masonry Core Compression (ASTM C42) 49
Tile Shear Test (Ub) (ANSI 118) 77!.77!77*!!!77!7!!!! 51
Water Retention and Air Content (ASTM C270) 450
Mortar Bond Strengtii - Pull Test (ASTM C482) ..7..7!!7!!7.60
Base Plate Grout Compression (ASTM Cl09) 32
Grout Prism Compression (ASTM C1019) 26
Mortar Cylinder Compression 26
_ LABORATORY TESTS (CONT.) |
Masonry (cont)
Masonry Prism Compression (Half) (ASTM E447) $106
Masonry Prism Compression (Full) (ASTM E447) 143
Metal
Tensile Strength #3 - #8 Bar (ASTM A615/A706) $71
Tensile Strengtii #9 - #11 Bar (ASTM A6I5/A706) 87
Tensile Strength #14 - #18 Bar (ASTM A6I5) Quote
Bend Test Bar (ASTM A6I5) 43
Tensile Strength, Structural Steel (ASTM A370) 116
Bend Test Structural Steel (ASTM A370) 57
Modulus of Elasticity (Steel) 140
MIscef/oneous
Rre Proofing Density Test (ASTM E605) $66
Fiber Reinforced Polymer, Tensile (ASTM D3039) 500
TERMS AND CONDITIONS
All field services will be charged from portal to portal with the following minimum charges:
• A one-hour minimum charge will be applied to materials sampling and sample pickups.
• A two-hour show-up charge will be applied to any service canceled after 4:00 PM the previous day.
• A four-hour minimum charge will be applied to all field services.
• A six-hour charge will be applied to all field services requiring between four and six hours of work.
• An eight-hour charge will be applied to all field services requiring between six and eight hours of work.
• Work in excess of eight hours up to twelve hours in a single day, will be charged in 30-minute Increments
at 1.5 times the standard rate.
• Work in excess of twehre hours in a day will be charged in one-hour increments at 2.0 times the standard
rate.
• The Director of Industrial Relations (DIR) may dictate periodic increases to the prevailing wage during the
duration of this project/contract SCS&T will increase our hourty rate on the effective date determined by
the DIR, by a factor of 1.8 times the houriy increase.
• A two and one-half percent (2.5%) fee will be charged for project administrative tasks.
• Certified payroll can be provided if requested. A one-hour administrative charge will be invoiced per pay
period.
Work performed by field or laboratory personnel outside of normal business hours (6:30 AM - 5:00 PM) will
be charged a premium on a case-by-case basis.
Reimbursables: SCS&T reserves the right to charge for services outside of the contract in the form of
reimbursables. These items include, but are not limited to the following consumables: magnetic particle
powder, ultrasonic copulent concrete cylinder cans, etc. The following are also included: mileage, travel time,
equipment rental, administrative time utilized for photocopying, distribution lists, express mailing, archive
searches, etc.
Subcontracted services tiiat are included on the Fee Schedule will be charged at those rates. Subcontracted
services not included in our Fee Schedule will be charged at cost plus 20 percent Per diem charges will be
applied to projects outside a 50-miie radius of our office. Mileage will be charged at the rate of 50 cents per
mile for distances over 50 miles from the location of dispatch.
TERMS AND CONDITIONS (CONT.)
Invoices for all services completed or in progress will be submitted bi-montiily. These invoices are due in full
upon presentation to tiie client Invoices outstanding over 30 days will be considered past due. A finance
charge will be computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent and
charged on all past due accounts. If legal action is brought on delinquent accounts, tiie prevailing party shall be
entitied to recover its reasonable attome/s fees and other costs of collection.
Our professional engineering, geology, and inspection services are performed in accordance with the current
standards of practice in tiie industry. No other warranty or representation, express or implied, is made or
intended.
Should any services provided by SCS&T for this project become subject to state or federal prevailing wage
requirements, SCS&T will be compensated for those services at its prevaillngwage rates, from tiie date these
requirements become effective through completion ofthe project
1130 Palmyrita Avenue, Suite 330A
Riverside. California 92507
951.965.8711, Toll Free 877.215.4321
www.scstcom
6280 Riverdale Street
San Diego, Califomia 92120
619.280.4321, Toll Free 877.215,4321
www.scstcom
83-740 Citrus Avenue, Suite G
Indio, Califomia 92201
760.775.5983. Toll Free 877.215.4321
wvw.scstcom
Ceiebroting more than 50 Yeors in Southern California
AGREEMENT FOR AS-NEEDED 'NSPECTION AND CONSTRUCTION MANAGEMENT
(HARRIS & ASSOCIATES, INC.)
jm AGREEMENT is made and entered into as of the dav of
corporat,^7city). and HARRTI^ ASSOaA?^^ PN?^ CARLSBAD, a municipal ("Contractor"). nMKKit, & ASSOCIATES, INC., a California Corporation,
RECITALS
in inspeln an?a::SormKrmenf °' ^" ^"^'"^""^ "^"^ «^^« ^P^--^^
a.v.>ed^tr^^^^^^
ability to%rfor^°such" ' "^"P"^^''° ''"^ ^"^^ '^^^ ^^^^ willingness and
containeT^.™^Sf:S'loni^^^^^^^^^^^ tenants
SCOPE OF WQRIC
•^rvKhat°a!?dre7n1^^^^^^^ -'^^L'''- --es (the
accordance with this AgrelmenfMels and?^^^^^^^ ' «^oorpor^e6 by this reference in
2- STANDARD OF PERFQRMAMrp
s'l^i'^u^otryV^^^^^^^^ professional care and
Metropolitan Southern Califom r^Serand^ifu^ P^^^''='"9
while exercising its p^fSfnTskraank eSertL^^ ""^"^ ^"'^ best judgment
3. TERM
^- TIME IS OF THE ESSEMCF
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION!
allowed except for te4 o^ered bv^nL^?«M^^^ compensation for the Services will be
reserves the righto ^hhXa five rZJf'"^"'^-,'^!'''! Agreement. The City
and/or Services specified in ExhM^W^ ^"* ^ ^ " ^"^^ ^f'^''
City Attorney Approved Version 2/17/12
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
8- STATUS OF CONTRACTOR
KSt°7coSfindtp^^^^^^^^ r '"''^P-'^-' «>"'-ctor and
under cortrol <S S on v asTthe SVn"h "°' ^"..^P^V^^ <^ City. Contractor will be
necessary, The pe^ons used bv Con^Z f^^ accomplished, but will consult with City as
be consiS'ered em^yels ofliS'fo^^^^^^^^^^ ^^^'^^^ ""''^^ Agreement wilf not
XenS rwVch'coT.a;r:^!e!? cL^^T ^ -'"P'^*^
done under this ^reememXhrci^'fl^^ °' of Contractor for work
from any balance oS comraa^^^^ ""^^ '"^ indemnification amount
7. SUBCONTRACTIMft
8- OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9- INDEMNIFICATIfiM
fees arising out Tthe plSn<i ofTe "L'T.^"'^ '"olu*ng attomeys
10. INSURANCE
City Attorney Approved Version 2/17/12
^7
wtfhTf f'^l- '^"''^'^ *° '^"^ ^ Best's Key Rating of not less than "A Vll" OR
10.1 Coverages and Limits
Manaaer°or1!'i^M=n'" ^'^^ "^""^^^ '"'"i"'"'" indicated below unless Risk
not cin tLe lvTmTa«LT^^^ " lower amount. These minimum amounte Tcoverage wi
Se^meTcityl^s'S^cl^^"^^^^^^ indemnffication obligations under tl^s
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11- BUSINESS LICEMSP
Agrmtrlt,:^ "^yt^ent^^^^^^^^ ^^^^ term of the
12. ACCOUNTING RECORDS
trrefsfv J^^^^ ^^'^^^^ Agreement for a period o inree (j) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMEMTS
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in Citv anH
Contractor relinquishes all claims to the copyrights in favor of City ^
15. NOTICES
i^=^oa%rrLt;; orc^sruifthis^^^^^^^ - •°
^2^^ For Contractor
Name Patrtcl< Vaughan Name
Title Deputy Director J\X\Q ~~
Department Transportation/CIVI&i Address
City of Carlsbad ~ ~
Address 5950 El Camino Real Phone No^ ~
Carisbad. CA 92008 Email ~ ~~
Phone No. 760-602-2780 ~
n^^T^llil^'J^^^^ {o Silc^eTs^ ^'^^-^^ °' ^^^-^ -^"^re any
City Attorney Approved Version 2/17/12
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in ail four categories.
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 ofthe Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibitinq
discnmination and harassment. r »
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the foiiowing procedure will
be used to resolve any questions of fact or interpretation not othenwise 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 fonA^arded 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.
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 tennination. Contractor has five (5) business days to deliver anv
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 tennination date; however, the total will not exceed the lump sum fee
City Attorney Approved Version 2/17/12
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21. COVENANTS AGAINST CONTINGENT FFFS
amount oM^^^^^ ^""^ Agreement price or consideration, or otherwise recover the fuH amount of the fee, commission, percentage, brokerage fees, gift, or contingerit feL
22. CLAIMS AND LAWSUITS
^ a&d''L*S'"o?7h.^°A'!»°'°' ^S-^^-"^"* ^""mitted to City must
wiin aeiioerate ignorance of the false information or n reckless disregard of the tn ith nr fai.it,, ^
infomiation. If City seeks to recover penalties pursuant to me F^se cS^^s A^^^^
recover its litigation costs, including attorney's fees. Con raSor acknoSes
^cVcZr^^L'"''^^ *° administrative debarmem prc^Sed n^s the"^^^^^^
Mr = r,2r i f T^^^ ^ Prevented to act as a Contractor on any public work or imoro^emert
23. JURISDICTIONS AND VENUP
24. SUCCESSORS AND ASSIGNS
25. ENTIRE AGREEMFMT
InL'^^ifh T"*' '^•'^ ""'^r Written document referred to or contemplated bv it
conflict, the temis of the Agreement supersede the purchfse order NefthSAo ~m^^^
si7nedb?bTS;iv"^^^ ^ -'^^^^' -'-d :to:^.s^::L7^Tiz
City Attorney Approved Version 2/17/12
3
26. AUTHORITY
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation ofthe State of Califomia
By:
fgn here)
(print/iame/titie)
Mayor
By:
ATTEST:
(sign here)
(print ngjie/tille)
LORRAINE
Xity Clerk
l^^f'^r^J'^^l «<='<"owledgment of execution by contralo;3K-'
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Assistant City Attorney
City Attorney Approved Version 2/17/12
5^
ACKNOWLEDGMENT
State of California
County of Dranq^e
On /4o^osV 1, 3iO\^. before me.e^nni-(4.r vS^^dii/o\ir
(insert name and title of the officer)
personally appeared ^ire-H "F^Ynftti"
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(j§)are
subscribed to the within instrument and acknowledoed to me that^^she/they executed the same in
/hj^/her/their authorized capacity(ies), and that by(@'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.
Signature (Seal)
52)
EXHIBIT "A"
SCOPE OF SERX/ir.PS
negotiation and approval by city staff. increases are subject to
City Attorney Approved Version 2/17/12
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City of Carlsbad On-Call Construction Management and Inspection Services 2012-2013
August 1, 2012
Labor Classification ~ ' Non-Prevailing Prevailing Wage PROJECT DIRECTOR $ 225.00 $ 225.00 PROJECT MANAGER/CONTRACT MANAGER $ 200.00 $ 200.00 TECHNICAL ADVISOR $ 195.00 $ 195.00 SENIOR CONSTRUCTION MANAGER $ 190.00 $ 190.00 CONSTRUCTION MANAGER 2 $ 165.00 $ 165.00 CONSTRUaiON MANAGER $ 158.00 $ 158.00 RESIDENT ENGINEER 3 $ 155.00 $ 175.00 RESIDENT ENGINEER 2 $ 140.00 $ 165.00 RESIDENT ENGINEER $ 130.00 $ 150.00 CONSTRUCTION ENGINEER 2 $ 135.00 $ 155.00 CONSTRUCTION ENGINEER $ 120.00 $ 150 00
SENIOR INSPECTOR*
INSPECTORS*
INSPECTOR 2*
$
$
135.00
125.00
$
$
158.00
150.00
INSPECTOR *
TECHNICIAN
$
$
$
120.00
110.00
108.00
$
$
S
150.00
150.00
150 on ADMINISTRATIVE $ 75.00 $ 75.00
Notes to Fee Schedule:
t^r!^p??«nr''^. '"'^''^^^'^'^^^ •"'^'"^^ "^ost direct costs such as
traveUquipment, computers, communications and reproduction (except large quantities such as
construction documents for bidding purposes). Milage will be cha ged at the cuS^^nt ?Id^^^^^^
allowable rate AII subconsultant charges are subject to a 10% maLp.
* Construction contracts determined by the City of Carlsbad to comply with Prevailing Wage Rates
and w,ll confomi to California Labor Code Section 1772. Overtime wXt be charged for ttmfove^^^^^^
hours in a 24 hour period subject to prevailing rates.
Harns & Associates
CERTIFICATE OF THE PRESIDENT
OF
HARRIS & ASSOCIATES, INC.
Authorization to Enter into Contracts and Proposals
Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a Califomia
corporation ("Company'*), and the delegation of authority by the Board of Directors of the Company, to the
President, the undersigned, as President, hereby authorizes the individuals named below to have the authority to
enter into contracts and proposals and incur obligations in the amounts set forth below for contracts with
acceptable risk. Those contracts that have questionable risk must be elevated to the Regional Manager and CFO
for review and approval. These individual authorities shall remain in efTect until the designated individual's
employment or position is terminated, or the signing authority is revoked, changed or amended by a duly
executed Certificate of the President.
Contracts and Proposals in Unlimited Amounts:
Lisa V. Larrabee President/CEO
Gary Wohl Chief Financial Officer
Contracts and Proposals up to Fifteen Million Dollars ($15.000.000);
Michael A. Motil Region Manager - Pacific Mountain
Neil McCosker Region Manager - Northern California
Byron G. Tobey Region Manager - Southern Region
Contracts and Proposals up to One Million Dollars ($1.000.000);
Brett E. Bamett Isaac C. Dee
Robert Guletz Christopher J. Dunne
Ehab S. Gerges Edward K. Kozlowski
Dana O. LeSher Vernon A. Phillips
Kim Sloat
Marie A. Shockley - Employee benefit related contracts only
Contracts and Proposals UP to Five Hundred Thousand Dollars ($500.000):
Rick L. Damley Randall Berry
David Breen Julius P. Feher
William Little III K. Dennis Klingelhofer
Russell Moore E. Javier Saunders
Patrick Skrabanek
Contracts and Proposals up to Five Thousand Dollars ($5.000);
Rani Benskin Elizabeth A. Nystrom
Cynthia A. Laffoon Denise M. Owen
Jennifer Saldivar
IN WITNESS WHEREOF, the undersigned has executed this Certificate of the President as of this
•/l_dayof DCc^ke^ ,2011 r /?
Lisa V. Larrabee, President/CEO
2012 January Certificate Authorizing Signing Authority
Harris & Associates
3^
&Ili 101 +
AGREEMENT FOR AS-NEEDED INSPECTION AND CONSTRUCTION MANAGEMENT
SERVICES
(INFRASTRUCTURE ENGINEERING CORPORATION)
ATHIS A REE ENT is made and entered kit° as of the No,-) rd day of ei-e) , 20/2 by and between the CITY OF CARLSI3AD, 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 inspection and construction management.
B. Contractor has the necessary experience in providing professional services and
advice related to inspection and construction management of private as well as municipal projects.
C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANC
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 year from the date first above
written. The City Manager may amend the Agreement to extend it for three additional one 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.
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 five percent (5%) retention until City has accepted the work and/or Services specified in Exhibit "A".
City Attorney Approved Version 2/17/12 1
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A"
«• STATUS OF CONTRACTpP
be consid''eJ5rptoy°ri?2i,yCa^^^^^^^ '''^ ^^'^"^ ^"^^
mZftt"?^^-?'*'!' compensation pajlment whicTcS' may te reSSK
7. SUBCONTRACTIMft
POISSM.*"' T any portion of the Services without prior written approval of Citv
8- OTHER CQNTI^AnTOPQ
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATIOM
Contractor agrees to indemnify and hold harmless the City and its officers officials emr.invAo«
^Jl^J''^^ fPV .^"y P^y^*"'- «"°™y'« ^- costs or expense City incurs or
10. INSURANCE
Contractor will obtain and maintain for the duration of the Aamomsnt =nH -„., „
amendmente. insurance against claims for injuries Kr^ns or d^ml^fo proSSrt^ whi^ mf !
anse out of or in connection with perfomiance of the serves by cSnlraKrc^^ct^^^^
agents, representatives, employees or subcontractors. The i^urance^rte obteine^^^^^
insurance earner admitted and authorized to do business in tSfsTl of So^^^^^
2 City Attorney Approved Version 2/17/12
Insurance canier is required to have a cun-ent Best's Key Rating of not less than "A vii" n»
10.1 Coveraaea and Limits
Man^°L'"rH?'?j*^" ^ coverages and minimum limits indicated below unless Risk
nni^JZ^.P'^ Manager approves a lower amount. These minimum amounte cove^L
Aar«fm«^^-..!"'l '""i^'""* Contractor's indemnification obltoatiSns u3Z
f4T4u«^ce sw^^^^^ ^ and employees make no rBpresentatiof tZtVe 'mte ^
omtea^^^r^^^^- ^ ^"tractor pursuant to this Agreement are adequate to
• Contractor believes that any required insurance coverage is inadeauate
SS."^^^ '^'^ ""-W. Cnw*. JIL'^SSIR
.• ''0 ''-3. Wori(ers' Compensation qnd Emplovar's I iahllit^, Workers'ComnBncatinn
hmits as required by the Califomia Labor Code. WoZrs'Common w^r^ot X
Contractor has no employees and provides, to City's satisfaction^a S Jon sJltiJ^g tWs
rnntroJ?;!! , Profegsjopqi MgWIHy. En-ors and omissions liability appropriate to
Contractor's profession with limits of not less than $1.000 000 per daim Coverao« r».ct
maintained for a period of five years following the date of^rM^tiS^ of thTwor
, „ , CZl If box is checked. Professional Liability
CH/. initials Contractors Initials Insurance requirement is waived.
3\ Additional PrOvisioQi?. Contractor will ensure that the policies of insurance reauirart nnriar
this Agreement contain, or are endoreed to contain, the folioJ^nrpreS ^
Liability'^^ Shaii pro^lti'Sr^toVe"(l^^^^^^^^^ '""^ ^"'''^
LiabilKy^h^i^^llbeS^rcirs-^'^^i"^^^^ ^''^"'''"^ ^""^'^
10.2.3 This insurance will be In force durlno the lifp nf tho ArirAom^***
b?Se"d SirrelrStt^r^''«f trlXeXrto ctsTn^ oy cenined mail pursuant to the Notice provisions of this Agreement.
1^"^ P'^ov'dinq Certificates of Insurgnce and Endnr«i»manfc p»^r to Citv's execution nf thi«
Agreemenl. Contractor will furnish certfficates of insurance and endors^^^^^^^
I?*"* to Maintain Coveraqe. If Contractor falls to maintain any of these insurance
coverages, then Crty will have the option to declare Contractor in breSch ofm^^^^
City Attorney Approved Version 2/17/12
.11- BUSINESS LICgMSF
J,rmr'^LtytreSri«S^^^^^^ ^-'"^ the term of the
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs inei.rmH ..nH«r th.-.
Agreement All records will be cleariy identifiaWe. ContraSo3^lowTrepSa^^^^^
any other documents created pursuant to this Agreement. Contractor wil ^S^^nsp^on of a^
three (3) years from the date of final payment under this Agreement
13. OWNERSHIP OF DOCUMENT.*?
All wori< product produced by Contractor or its agents, employees, and subcontractors ourauant
14. COPYRIGHTS
Contrador agrees that all copyrights that arise from the services will be vested in Citv and
Contractor relinquishes ail claims to the copyrights in favor of CitT
15. NOTICE^
Il!trh!rAfr.*i!® P^I*""! '1!'^'' authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement
^StSte For Contractf.r
Na""* Patrick Vaughan Name P/?£67o^J U.Wj|t>
Deputy Director Title "?R£^//?/g^7-
Department Transportation/CM&I Address "X-BX^
City of Carisbad /4^7( pA^l^yj^ ^^.,^^1
Address 5950 El Camino Real Phone No. (^/3g^^M-243j
Carisbad, CA 92008 Email V-^ CMi^n^^..).ra^
Phone No. 760-602-2780
City Attorney Approved Version 2/17/12
"^S- CONFLICT OF INTEREST
17- GENERAL COMPUANCE WITH I awe
Contractor will keep fully infonmed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor or in anv waf:^^
r^LT?' "^"ces, and regulations and will be responsible for the comotence of Contractor's services with all applicable laws, ordinances and regulations compliance of
Contractorwill be aware ofthe requirements ofthe Immigration Reform and Control Act of IQHR
empl'SlimenT"^' ^I^^T requirements, including, but ^ot Zn^T^XXiimX
Sirb;lh2Cme"S: consu«antsThL ser^i^are
J^- DISCRIMINATION AND HARASSMENT PROHIRITPn
19- DISPUTE RESOLtrn9M
If a dispute shouM arise regarding the perfomiance of the Services the foltowina orocedure will
tlTJ"* '2^ interpretation not othen^se Sed° bjl^reem^
*'*.P«'*«f • Representatives of Contractor or City will reduce such questions andS
respective views, to writing. A copy of such documented dispute v^ll be foSe'd to bSh
boSl^JZl'^f ^ recommended methods of resolutionhteh w^ of beneffl to
both parties. The representative receiving the letter will reply to the letter atona wim I
recommended method of resolutton within ten (10) business days the resS^o^ thus
t^fhri?i:'ii"'^''''''?.'y «99ri«^ed party, a letter outlinin; the^dVutes wZSa
to the Crty Manager. The City Manager will consider the facts and solutirs rewmmS bv
each party and may then opt to direct a solution to the problem. In suci^i cases th^^rtton rf th^
Crty Manager will be binding upon the parties involved although nrth^in fhis orSre
prohibit the parties from seeking remedies available to them at law. procedure will
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services Citv mav
renriination. If City decides to abandon or indefinitely postpone the wortt or servir«e
contemplated by this Agreement. City may temiinate this A^ent Sn wrtten noft'^Ho
Contractor. Upon notification of temiination. Contractor has fivl(5SnM^davrto deKvefanw
documents owned by City and all wori< in progress to City add^' ^^ X^,^^t
Crty Wl I make a detemiination of fact based upon the wori< product dSSToCttvan^T^fZ
perwnfage of wori< that Contractor has perforriied which is usable and 7w^ to & ,n^^^^^^
JSre^mTnT ""^^ """'"^ <»etenr,ineTh^ final paySent^^^^^^
Either party upon tendering thirty (30) days written notice to the other party mav terminate this
Agreerriert. In this event and upon request of City. Contractor wraLe^le the w^^
and put rt in order for preper filing and closing and deliver K to crcon^dort^^^^ SSS^S
work perfomied to the temiination date; however, the total will not excTdlheTump s*^^^^
City Attorney Approved Version 2/17/12 ^) I
COVENANTS AGAINST CONTINGENT FFFft
TJ^^^^J.^""^ '"^ Agreement price or consWeration. or otherwise recover he fuH amount ofthe fee. commission, percentage, brokerage fees, gift, or contingent fer^
22. CLAIMS AND LAWSUITS
be^ asS'l'^ro?".'^^ A"*™"*"" Agreement claim submftted to City must
the False Claims Act applies to this Agreement and. provides for civil penaWes where aSi;
Sin"?^!'".'^"' ' « P"""" entity. These preNris o^ inS faiw dTir^s*^^^^
wfth del berate ignorance of the false infomiation or in reckless disr^arti of thTft^h or fakT «^
information. If City seeks tp recover penalties pursuant to the ^teTcSms 5^^^
recover ite litigation costs, including attomey's fees. CortraSwVe^oSXs L the^^^^^^
23. JURISDICTIONS AND VENUg
Any action at law or In equity brought by either of the parties for the Duroose of enfordnn « nnhf
C^uTof'sroCKoffe^^
24. SUCCESSORS AND ASSIQMS
25- ENTIRE A6REEMP;MT
Ull!^"!^' written document referred to or contemplated bv it
«a'55u^nSXtLt!fLrr^^^^
conflict, the temis of the Agreement supers^e the^Se ^r^er Ne?hS^rei^^^^
sKbTbTS.""^^ '^^^^^^-^^rt^^!'^^
City Attorney Approved Version 2/17/12
26. AUTHORITY
^onjo^!(''^"^'l®^^^^^^ Agreement and the instruments referenced in it on behalf of
to btd Con?r^^^^^^^ '^T^'^^f '^9^' P°^®^' "9^* actual authority to bind Contractor to the temis and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation ofthe State of Califomia
^^^TsSnhere)
(print name/title)
By:
(sign here)
(prirft name/title)
ATTEST:
LORRAINE M. WOOD
City Cleric
^^J^T?t P'"°P®'" acknowledgment of execution by contractor must be
followi^'two^ Agreement must be signed by one corporate officer from each of the
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation mu^ 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:
Assistant City Attomej^
AGREEMENT FOR AS-NEEDED INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES
(INFRASTRUCTURE ENGINEERING CORPORATION)
City Attorney Approved Version 2/17/12 ^2
EXHIBIT "A"
SCOPE OF SgRVICFQ
Contractor shall perform as-needed construction management and insoection services in
f^'^^^^lZ v^ith the city's Request for Proposals dated May 2012 T^Te ag3 upon Mng rates
City Attorney Approved Version 2/17/12 ^Lj
2012
HOURLY CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
Engineering Intern/Technician % 65
CADD Designer I/Enginccr I $ 105
Grapliic Designer $110
CADD Designer II/Engineer II $ 115
CADD Designer Ill/Engineer III $ 125
Designer/Project Engineer $ 135
Senior Project Engineer % 155
Senior Project Engineer Planning & IS..$ 175
Project Manager $ 175
Senior Project Manager $ 185
Principal $190
Principal Planning & IS ) 200
Surveying
Principal Surveyor % 150
Project Surveyor $ 130
Field - 2 Man Crew $ 170
Office-Survey Drafting % 130
Administrative
Administrative Clerk $ 60
Word Processor/Admin Support % 75
Environmental
Intern/Technician S 65
Env Specialist 1/Projcct Coord I $ 95
Technical Editor % 90
Lead Technical Editor $ 110
Graphic Artist S 110
Env Specialist Il/Projcct Coord II % 105
Env Specialist Ill/Project Coord III 5 115
Proiect Manager I ) 125
Project Manager II $ 135
Senior Technical Staff. % 160
Senior Project Manager $ 185
Principal $ 190
•CQngtyngtigp
Construction Inspector '. $ 110
Senior Construction Inspector $ 125
Resident Engineer , $ 140
Construction Manager $ 160
Sr. Construction Manager $ 175
CM Coordinator % 95
Asst CM Coordinator S 75
Plow Monitoring
Field Tech 1 $ 60
Field Tech 11 $ 80
Field Tech 111 $ 90
Field Supervisor $ 100
Field Operations Manager % 125
Project/Data Manager $ 135
Sub-consultants will be billed at cost plus 10% unless specified otherwise in the agreement.
RcimbyyyaM^ Co;t»
Reproduction, special photography, postage, deliver)' scniccs, express mail, printing, travel, parlting,
and any other specialty services performed by subcontractor will be billed at cost plus 15H'o.
Mileage will be billed at the current IRS allowed rate.
* Field personnel rates are inclusive of vehicle, mileage, phone, computer, etc. Inspection rates shown
are for prevailing wage projects. Inspection rates for non prevailing wage contracts are $15 dollars an
hour less than the listed rate. Inspection rates for overtime are $30 dollans an hour more than the listed
rate.
M27I Oonlebon Street, Powoy. CalHornio 92064 T 858 413.2400 f 858 4 13 2440 www lecoiporoiion.com
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AGREEMENT FOR AS-NEEDED INSPECTION AND CONSTRUCTION MANAGEMENT
SERVICES
(SIMON WONG ENGINEERING, INC.)
THIS AGREEMENT is made and entered into as of the , day of
20 , by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and SIMON WONG ENGINEERING. INC., a Califomia Corporation ("Contractor").
RECITALS
A. City requires the professional services of an engineering firm that is experienced
in inspection and construction management.
B. Contractor has the necessary experience in providing professional services and
advice related to inspection and construction management of private as well as municipal
projects. ^
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such wori<.
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 sen/ices (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 perfomiing 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 year from the date first above
written. The City Manager may amend the Agreement to extend it for three additional one 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.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement temi 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 five percent (5%) retention until City has accepted the wori^
and/or Services specified In Exhibit "A".
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Incremental payments, if applicable, should be made as outlined in attached Exhibit "A'.
6- STATUS OF CONTRACTOR
.^""DS^O^^^^^^ i" ^extractor'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
neceL'.^^^^^^^ *° ^ accomplished, but will consrwifh C? as
rnn\12^oJH ^T""^ usod by Contractor to provide services under this Agreement will not be considered employees of City for any purposes.
JnmnoncTf!?* "^^^^.^^ Contractor pursuant to the Agreement will be the full and complete
coiTipensation to which Contractor is entitled. City will not make any federal or state tax
nfVnltlZ^ ^ '''''^f ^ compensation insurance or unemployment contributions on behalf
thirfu /inf H f ®"^P'°yf ®s subcontractors. Contractor agrees to indemnify City within
thirty 30) days for any tax, retirement contribution, social security overtime oavment
makT nXriif^^^^^^ ^°"^P^"«^«°" P^V^ent which City may be required to H^nl w f Contractor or any agent, employee, or subcontractor of Contractor for wori<
fr«m%nw KL ' ^9'®^"^f "J; Atthe 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 Citv
If Contractor subcontracts any of the Services. Contractor will be fully responsible to City for the
ads and omissions of Contractor's subcontractor and of the persons either directly or iiidirectly
emp oyed 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
fn^Kfifn ^^""^ °^ Agreement applicable to Contractor's wori< 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 hamiless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees ansing out of the performance of the work described herein caused by any neqiiqence
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly o^
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attomey'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 eariy temiination 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 mav
anse out of or in connection with perfonnance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance camer admitted and authorized to do business in the State of California. The
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HI
msurance earner is required to have a current Best's Key Rating of not less than "A- VII" OR
rLc. "™ °" S'^'^ °' California's List of Eligible Surplus Line Insurers
(LESLl) wrth a rating in the latest Best's Key Rating Guide of at least -A.X-
10.1 Coverages and Limits.
SanI^r°L'',!l'r?i"*^'" *^ '^P®' of coverages and minimum limits Indicated below, unless Risk
nnf ^^It^ t^"*^ IWanager approves a lower amount. These minimum amounts of coverage wiU
'^f*^-.^"?;'""!!^*"'"* °' °" Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of
L™tlTrnnf ^"l^ by Contractor pursuant to this Agreement are adeq^J e to
protect Contractor, f Contrartor believes that any required insurance coverage is inadequate
""^'^ ~^erage, as Contractor deems adequTe ai uontractors sole expense. ^ a*
^^'"^•^ , Commercial General Liabiiitv Insurance, $1 nnn nnn combined sinole-limit
c'ontaran'^^^^^^^ '^t^^ suSffi 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 HmT
n • IV. . Automobile Liability (if the use of an automobile is involved for
Jop^rtXag^^ ^'''''^^'^
-.u Wo'j<e''s' Compensation and Fmolover's Liability w/nrki.rc' rnmp^n-^ntirrn
Cn^Ll??"''^'' by the califomia Labor Code. Workers' Compensalion will not be reS if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
n • IVr . Professional Liability Errors and omissions liability appropriate to
Contractors profession with limits of not less than $1,000,000 per claim. Cove?ag7must be
maintained for a penod of five years following the date of completion of the work.
——T cn box is checked. Professional Liability
City s Initials Contractor's Initials Insurance requirement is waived.
tl^i^Anr^f S^' Pf^.^'^'Q"-'^- Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions:
I i^hmJ.?.w,l u .. b® ^" additional insured on Commercial General Liability which shall provide primary coverage to the City.
. • u.x ^^f:^. Contractor will obtain occunence coverage, excludina Professional Liability, which will be written as claims-made coverage. exciuaing ^'roTesslonal
^vt^oo- •* w insurance will be in force during the life of the Agreement and anv
IT^XI 1?""^"K^'^'^^ *^'^y (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement.
l°-3 Providinq Certificates of Insurance and Endorspmpnt^ Prinr to City's execution of this
Agreement. Contractorwill fumish certificates of insurance and endorsements to City.
^^"^ Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may put^chase
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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.
"•O-S Submission of Insurance Policies. Citv resen/es the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All wori< product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Patrick Vaughan Name |ApL.^\^ (^€v>4l i
Title Deputy Director Title . V^R
Department Transportation/CM&I Address ^^U^ ^.Wtgv4^'S^. -^^03^
City of Carlsbad n l>r^A O ft ^SM^l
Address 5950 El Camino Real Phone No. 9f^^t^^^\\S J'^f^qf)^061(k
Carlsbad. CA 92008 Email
Phone No. 760-602-2780
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully infonned of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
perfomiance ofthe 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.
Contractorwill be aware ofthe requirements ofthe Immigration Refonn and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractorwill comply with ali applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the perfomiance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othenwise 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 fonwarded 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.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
tenninate this Agreement for nonperfonnance by notifying Contractor by certified rnail 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 detemiination 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 detemnine 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
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payable under this Agreement. City will make the final detemiination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor wan-ants 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 awarcJ 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 othenwise 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 seg..
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance 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 (6) years. Contractor acknowledges debarment by another jurisdiction
is grounds for City to tenninate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either ofthe 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 refen-ed 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 tenns 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.
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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 tenns and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the Stale of California
ere)
(print narhe/tltle) (print name/title)
ATTEST:
\
(sign here) LCITRRAINE M. WOOD
(print name/title) J
City Clerk
(print r<am~e/title)
If required by City, proper notarial acknowledgment of execution by contract^mSIPjiBo
attached. If a corporation. Agreement must be signed by one corporate officer from e'deTt of^th^^v^"
following two groups. ''/mn*^^
Group A Group B
Chainnan, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL. City Attorney
Assistant CityAttomey\
AGREEMENT FOR AS-NEEDED INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES
(SIMON WONG ENGINEERING, INC.)
City Attorney Approved Version 2/17/12
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall perfonn as-needed constmction management and inspection services in
accordance with the city's Request for Proposals dated May 2012. The agreed upon billing rates
for services outlined in said proposal are attached hereto. Any rate increases are subject to
negotiation and approval by city staff.
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BILLING RATES
CITY OF CARLSBAD
AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
(Non-Prevailing Wage)
Field Staffing Position Straight-Time
($/Hr)
Overtime Rate
($/Hr)
Double-time Rate
($/Hr)
Principal Engineer $190.00 $190.00 $190.00
Project Manager $185.00 $185.00 $185.00
Construction Manager $160.00-$175.00 $160.00-$175.00 $160.00-$175.00
Resident Engineer $138.00-$168.00 $138.00-$168.00 $138.00-$168.00
Stmctures Representative $133.00-$153.00 $133.00-$153.00 $133.00-$153.00
Office Engineer. Associate $130.00-$140.00 $130.00-$140.00 $130.00-$14000
Office Engineer, Assistant $85.00-$115.00 $125.00-$175.00 $170.00-$230.00
Senior Inspector 1 $138.00-$148.00 $203.00-$218.00 $268.00-$288.00
Senior Inspector II $108.00-$138.00 $158.00-$203.00 $208.00-$268.00
Clerical $60.00-$85.00 $90.00-$125.00 $125.00-$165.00
(Prevailing Wage*)
Field Staffing Position Straight-Time
($/Hr)
Overtime Rate
($/Hr)
Double-time Rate
($/Hr)
Principal Engineer $190.00 $190.00 $190.00
Project Manager $185.00 $185.00 $185.00
Construction Manager $160.00-$175.00 $160.00-$175.00 $160.00-$175.00
Resident Engineer $138.00-$168.00 $203.00-$248.00 $268.00 - $328.00
Structures Representative $133.00-$153.00 $193.00-$223.00 $258.00-$298.00
Office Engineer, Associate $130.00-$140.00 $130.00-$140.00 $130.00-$140.00
Office Engineer, Assistant $85.00-$115.00 $125.00-$175.00 $170.00-$230.00
Senior Inspector 1 $148.00-$158.00 $228.00 $293.00
Senior Inspector II $138.00-$148.00 $218.00 $283.00
Clerical $60.00-$85.00 $90.00-$125.00 $125.00-$165.00
Houriy charges include provisions for normal overhead costs such as fringe benefits, insurance clerical
services, equipment, nomial supplies and materials. Field personnel are equipped with work tmcks cell
phone/radios, laptop computers and basic tools. 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 Pnce Index.
*Prevaiffng Wage rates based on California DIR SD County Detemiination Nos. SD-23-63-3-2011-2D. -
2D1 and -2D2. This rate includes the predetennlned increase effective July 1. 2012.
August 1, 2012
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RESOLUTION NO. 2012-229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA. APPROVING PROFESSIONAL
SERVICE AGREEMENTS FOR AS-NEEDED CONSTRUCTION
MANAGEMENT INSPECTION AND SERVICES WITH SIMON
WONG ENGINEERING. INC., INFRASTRUCTURE
ENGINEERING CORPORATION. AND HARRIS & ASSOCIATES.
INC.
WHEREAS, the City Council of the City of Carisbad, California, has reviewed the need
for construction management and inspection services by the Transportation Department for
construction projects within the city on an ongoing, as-needed basis in order to maintain service
levels; and
WHEREAS, the Construction Management & Inspection Division of the Transportation
Department solicited, received, and reviewed proposals for as-needed professional services for
construction management and inspection consistent with Carisbad Municipal Code section
3.28.070; and
WHEREAS, subsequent to review of the proposals, staff recommends Simon Wong
Engineering, Inc.. Infrastructure Engineering Corporation, and Harris & Associates. Inc. as the
most qualified consultants; and
WHEREAS, staff recommends award of the professional service agreements for
construction management and inspection services of capital projects and private development
projects in an amount not-to-exceed $600,000 for each firm in the initial agreement term; and
WHEREAS, expenditures for these professional services are subject to availability of
funding from the Transportation operating budget and the city's Capital Improvement Program.
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Carisbad,
California, as follows:
1. That the above recitations are true and correct.
2. That agreements with Simon Wong Engineering. Inc., Infrastructure Engineering
Corporation, and Harris & Associates, Inc. are hereby approved.
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3. That the Mayor of the City of Carisbad is hereby authorized and directed to
execute the agreements with Simon Wong Engineering, Inc., Infrastructure Engineering
Corporation, and Harris & Associates, Inc. on behalf ofthe City of Carisbad.
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PASSED, APPROVED AND ADOPTED at a Regular l\/leeting ofthe City Council
of the City of Carlsbad on the 2nd day of October, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Douglas, Packard
None.
ABSENT: Council Member Kulchin
^^^^^
RR5MNE M. WOOD, City Cleric
(SEAL)
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RESOLUTION NO. 2012-230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA. APPROVING A PROFESSIONAL
SERVICE AGREEMENT FOR AS-NEEDED MATERIALS
TESTING SERVICES WITH SOUTHERN CALIFORNIA SOIL &
TESTING, INC.
WHEREAS, the City Council of the City of Carisbad, California, has reviewed the need
for materials testing services by the Transportation Department for construction projects within the
city on an ongoing, as-needed basis in order to maintain service levels; and
WHEREAS, the Construction Management & Inspection Division of the Transportation
Department solicited, received, and reviewed proposals for as-needed materials testing consistent
with Carisbad Municipal Code section 3.28.070; and
WHEREAS, subsequent to review of the proposals, staff recommends Southern
California Soil & Testing, Inc. as the most qualified consultant; and
WHEREAS, staff recommends award of a professional service agreement for materials
testing in an amount not-to-exceed $400,000 in the initial agreement term; and
WHEREAS, expenditures for these professional services are subject to availability of
funding from the city's Capital Improvement Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement with Southern California Soil & Testing. Inc. is hereby
approved.
3. That the Mayor of the City of Carisbad is hereby authorized and directed to
execute the agreement with Southern California Soil & Testing on behalf of the City of Carisbad.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carisbad on the 2nd day of October, 2012, by the following vote to wit:
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AYES: Council Members Hall, Blackbum, Douglas, Packard
NOES: None.
ABSENT: Council Member Kulchin
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(SEAL) ,xxx«nM;,
RRAINE M. WOOD, City Cleric
X », ^