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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". City Attorney Approved Version 2/17/12 3 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 City Attorney Approved Version 2/17/12 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 City Attorney Approved Version 2/17/12 6 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. City Attorney Approved Version 2/17/12 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 city Attorney Approved Version 2/17/12 1 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. City Attorney Approved Version 2/17/12 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 ) City Attorney Approved Version 2/17/12 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. City Attorney Approved Version 2/17/12 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 City Attorney Approved Version 2/17/12 5^ 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 30 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 34 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 ^6 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". City Attorney Approved Version 2/17/12 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 City Attorney Approved Version 2/17/12 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 City Attorney Approved Version 2/17/12 ^9 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. 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 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 City Attomey Approved Version 2/17/12 60 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. City Attorney Approved Version 2/17/12 SI 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. City Attorney Approved Version 2/17/12 53 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 6^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 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. 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// S6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 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. /// /// /// 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: 20 21 22 23 24 25 26 27 AYES: Council Members Hall, Blackbum, Douglas, Packard NOES: None. ABSENT: Council Member Kulchin 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (SEAL) ,xxx«nM;, RRAINE M. WOOD, City Cleric X », ^