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Griffin Structures Inc; 2018-08-30; PSA19-502TRAN
PSA19-502TRAN City Attorney Approved Version 1/30/13 1 of 2 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CITY OF CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS GRIFFIN STRUCTURES, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2020, extending the agreement dated August 30, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Griffin Structures, Inc., (“Contractor") (collectively, the “Parties”) for Construction Management and Inspection Services for the City of Carlsbad Public Safety and Service Center Improvements. RECITALS A.The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on February 28, 2021. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. /// /// /// /// DocuSign Envelope ID: 638C3BEC-7136-47A0-888D-A8F6EAB8CFEA February 10th PSA19-502TRAN City Attorney Approved Version 1/30/13 2 of 2 CONTRACTOR, GRIFFIN STRUCTURES, INC., a California Corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager Roger Torriero/President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Kelly Boyle/Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President 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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 638C3BEC-7136-47A0-888D-A8F6EAB8CFEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 12/30/2019 Dealey,Renton &AssociatesLicense#0020739600AntonBoulevard,Suite 100CostaMesaCA92626 714-427-6810 714-427-6818 certificates@dealeyrenton.com Great American Assurance Company GRIFFSTRU Great American Insurance Company of NYGriffinStructuresInc2TechnologyDr.,Ste.150IrvineCA92618 United Financial Casualty Company Oak River Insurance Company Lexington Insurance Company 19437 95263938 A X 1,000,000 X 50,000 X Contractual Excluded X BFPD,XCU 1,000,000 2,000,000 X GLP2969834 12/31/2019 12/31/2020 2,000,000 C 1,000,000 X 064097132 12/31/2019 12/31/2020 B X X 2,000,000EXC296983512/31/2019 12/31/2020 2,000,000 D XGRWC91314612/31/2019 12/31/2020 1,000,000 1,000,000 1,000,000 E ProfessionalLiabilityClaimsMade 028174885 12/31/2019 12/31/2020 per claimannlaggr.$2,000,000$4,000,000$25,000 Deductible Umbrella policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. Re:All Operations as pertains to named insured.The City of Carlsbad,its officers,officials,employees,agents and volunteers are Additional Insured as respects to General &Auto Liability coverage asrequiredbywrittencontract.Coverage afforded the additional insured is primary and non-contributory as respects to general liability coverage.Insurancecoverageincludeswaiverofsubrogationpertheattachedendorsement(s).Separation of Insuredsspecificallyassignedin this Liability Coverage Part to the first Named Insured,this insurance applies:See Attached... 30 Day Notice of Cancellation City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: GRIFFSTRU 1 1 Dealey,Renton &Associates Griffin Structures Inc2TechnologyDr.,Ste.150IrvineCA92618 25 CERTIFICATE OF LIABILITY INSURANCE a.As if each Named Insured were the only Named Insured;and Separately to each insured against whom the claim or "suit"is brought."Oak River InsuranceCompany-AM Best Rated as -A++(Superior) Copyright, ISO Properties, Inc.,2004 CG 20 33 (Ed. 07/04) XS CG 20 33 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATICSTATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," "prop- erty damage" or "personal and advertising in- jury" caused, in whole or in part, by: 1.your acts or omissions; or 2.the acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B.With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply: This insurance does not apply to: 1."Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural,engineering or surveying services, including: a.the preparing,approving, or failing to prepare or approve, maps, shop drawings,opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b.supervisory, inspection, architectural or engineering activities. 2."Bodily injury," or "property damage" oc- curring after: a.all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or b.that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Great American Assurance Company1PMJDZ GLP2969834 GAC 3649CG (Ed. 11/06) XS GAC 3649CG (Ed. 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. Great American Assurance Company1PMJDZ GLP2969834 Great American Assurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule © Insurance Services Office, Inc., 2008 CG 24 04 (Ed. 05/09) (Page 1 of 1) Name of Person or Organization: Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract or agreement to waive any right of recovery "we" may have against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG2404(Ed.05/09) 3ROLF\ GLP2969834 GRWC913146 Additional Insured Endorsement Name of Person or Organization The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury each person/ each accident Property Damage each accident Combined Liability each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: Issued to (Name of Insured): Effective date of endorsement: Form 1198 (01/04) CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD, CA 92008 N/A N/A N/A $1,000,000 06409713-2 GRIFFIN STRUCTURES, INC. 12/31/2019 Policy expiration date: 12/31/2020 August 28, 2018 Item #5 Page 5 of 28 PSA 19-502TRAN AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CITY OF CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS GRIFFIN STRUCTURES, INC. THIS AGREEMENT is made and entered into as of the ~~ day of ~\,.&,-¾ , 2018, by and between the CITY OF CARLSBAD, a municipal corpon, ("City"), and GRIFFIN STRUCTURES, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in construction management and inspection services. B. Contractor has the necessary experience in providing professional services and advice related to construction management and inspection services. 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 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 eighteen (18) months from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional six (6) month periods or parts thereof. 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 not-to-exceed three hundred eighty-five thousand five hundred dollars ($385,500). 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". 1 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 6 of 28 PSA 19-502TRAN 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this A~reemenl 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, 2of22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 7 of 28 PSA 19-502TRAN recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11. 1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11 .1.1 Commercial General Liability (CGLl Insurance. $ Insurance written on an ·occurrence· basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1 .2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1 ,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1 .4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11 .2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 3 of22 City Attorney Approved Version 6112/18 August 28, 2018 Item #5 Page 8 of 28 PSA 19-502TRAN 11.2.2 Contractor will obtain occurrence coverage, excluding Professional liability, which will be written as claims-made coverage. 11 .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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11 .4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. 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. 4 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 9 of 28 PSA 19-502TRAN 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Steven Stewart Title Municipal Projects Manager Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad CA 92008 Phone No. 760-602-7543 For Contractor Name Jon Hughes Title Project Manager Address 2 Technology Drive, Suite 150 Irvine CA 92618 Phone No. 949-497-9000 Email jhughes@griffinstructures.com 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. 17. 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 all categories. Yes 181 No 0 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local , state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatis(actory 5of22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 10 of 28 PSA 19-502TRAN 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. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right 6of22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 11 of 28 PSA 19-502TRAN 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. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conOict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 12 of 28 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Q'aL1:_f-) . On s;:3->\v 3o Qo I g before me, \?ct\½ Mrii:e, a,,\~ .Ad ,rvo:hir,) Ptm1.<...i date Here Insert Name and Ti e of the Officer personally appeared ()'.nu7'rx>1 '\J:.,:v,c-\ 's-\1~e,\ Qu,,:\i,c,, )oH, ~\,,ec, ,2 amef s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES(\y hand and official seal. Signatu~-6 tr'i:tl'w I JJ Q {¥)~ · }/c>;\tf" J ,Pu\)\, '-..) Signature of Notary Publtc ---------------OPTIONAL --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D~ument Title or Type of Document: ~)PC¢i, ~f<4:,Pi'NA ~ Document Date: __________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): _____ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual O Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ y s C:1016 National Notary Association· www.NationaJNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 August 28, 2018 Item #5 Page 13 of 28 PSA 19-502TRAN 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR GRIFFIN STRUCTURES, INC., a ~::forni"J,:N ~-:/~ - By: (si~ \Wl?G StJ ~ / \/ l (.;E; f?e§l De,-..)_,-- (printnadle/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _cd....:;;;;;i.i.-.~-~C.-..L......::~=-='-=--"""'-- Deputy City Attorney 8 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 14 of 28 PSA 19-502TRAN EXHIBIT "A" SCOPE OF SERVICES Construction Management and Inspection Services Safety Center Renovations TASK 1: Preconstruction Services TASK 1.1 Scope of Work and Construction Sequence Review the project scope or work and provide advise with regard to viable sequence of work possible in an occupied facility based on prior work experience. This Task will involve meetings with Police and Public Works Department staff to determine the best way to require the work to be prosecuted. TASK 1.2 Project Bid Documents Review and provide comments and corrections for the project bid documents which will consist of the City's General Provisions, Supplemental Provisions, Technical Specifications and Appendices, and the project construction plans. Any inconsistencies between the City's General and Supplemental Provisions and the Technical Specifications, Appendices and Construction Documents prepared by the design firm shall be identified. TASK 1.3 Opinion of Probable Cost Review the estimate of probable construction costs prepared by bridging document architect to identify any recommended refinements or modifications that can be incorporated into the final bid documents to ensure that the projects can be constructed within the established budget. The review shall take into consideration area and quantity take-offs applied to labor and material cost, allowances for general conditions, Contractor's profit and overhead, city costs, and contingencies. Prior to final approval of bid documents, review the updated estimate to reflect any changes in cost resulting from design, materials, or quantity changes. TASK 1.4 Design Build Proposal Solicitation Phase Review and provide comments regarding qualifications of short-listed design-build firms based on experience and Statements of Qualification submitted for this project. Assist with preparation of Request for Proposal and discussions with short-listed design-build firms brought in to advise City during RFP development. Participate in panel discussion and selection of design-build firm to be awarded the project. TASK 2: Construction Services TASK 2.1 Contract Administration/Management The CM shall be responsible for assisting the City's Municipal Projects Manager with all aspects of Public Works contract compliance, change/claims negotiations and processing, and contract interpretations and enforcement. The CM shall utilize the field offices provided by the Contractor. Furniture and basic office equipment shall be provided by the Contractor per the specifications. The CM shall oversee, perform, and coordinate work included in the scope of services, as directed by the City. The CM shall: prepare reports, letters and memoranda; conduct project meetings; prepare meeting agendas and minutes, monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor; coordinate sub-consultant 9of 22 August 28, 2018 Item #5 Page 15 of 28 PSA 19-502TRAN testing and specialty services; review daily inspection notes and identify and report nonconforming items; notify the City of significant problems and discrepancies; assist the City with interpreting drawings, specifications and reference standards; monitor construction activities and schedules; assist the City with resolving constructability problems; coordinate connections and operations; perform quality assurance inspections, prepare change orders (including cost estimating services); review and notify the Contractor of test results; investigate claims; review the Contracto(s Record Drawings periodically and concurrently with Contractor progress payments; and prepare project punch lists, etc. TASK 2.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the City and applicable parties. All original project documents and final project reports shall be furnished to the City within 60 days following the City's determination of Substantial Completion. Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility service interruptions, and all other project correspondence. Monthly progress reports shall be prepared and submitted to the City's Municipal Projects Manager and shall include the following elements: a) Summary of the prior month's main accomplishments and current construction activities. b) Overall Contracto(s conformance to contract schedule and quality requirements. c) Identification of key problems, action items, and issues. Recommendation for solutions. d) Summary of progress payments, proposal and final change orders, disputes, submittals, RFls, and Notices of Noncompliance. e) Photographs of representative project activities printed and electronically stored. TASK 2.3 Photo Documentation Review the Contractor's videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and clearly depict pre-existing conditions. Prepare additional videotape and/or photographs to document site conditions as required to supplement the Contracto(s videotape. Take and share construction documentation photographs on a reg ular basis. Maintain a digital photographic library of all significant construction activities available for review on at least a weekly basis via project management software. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos linked to their location is to be provided weekly. Photos shall be uploaded to the approved project document management site regularly. TASK 2.4 Construction Progress Meetings Schedule and conduct weekly construction progress meetings with the Contractor and the City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and 10 of 22 August 28, 2018 Item #5 Page 16 of 28 PSA 19-502TRAN problems which need resolution, coordination with other Contractors. status of change orders, safety issues, etc. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees within two working days. Include minutes in the monthly progress reports. TASK 2.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the project bridging document architect and the City's Municipal Project Manager. The CM shall be responsible for processing and monitoring the status of all submittals. The CM shall provide cursory review of the Contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the bridging document architect and City Municipal Project Manager. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM. Review of the Contractor's construction schedule and monthly updates shall be the sole responsibility of the CM with input provided from the architect and City. CM will log, track, and monitor the bridging document architect, and design build architect's role regarding the review of shop drawings, calculations, data samples, submittals, warranties and manuals from the Contractor. Shop drawings and submittals which significantly do not satisfy the project criterion shall be returned to the Contractor with comments for corrections and resubmittal. Exception reports, that identify outstanding submittals or reviews needed, shall be prepared periodically by the CM. Preliminary lists of initial submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference. TASK 2.6 Plans and Specifications Interpretation The CM shall review and respond to Contractor RFls if of a general nature. Technical RF ls shall be submitted to the bridging document architect and City for response. The CM shall maintain a log of RFls and provide written clarification to the Contractor in a timely manner. Responses to requests for changes to the design require prior approval from the bridging document architect and City's Municipal Projects Manager. Obtain and maintain specification referenced standards including: local and regional specifications, codes, standards, publications, regulations, applicable permitting criteria from local, state, and federal agencies, standard drawings and specifications of the local agencies, and related documents, as referenced in the contract documents and as required to perform the work. TASK 2.7 Construction Inspection Services CM will be responsible for the overall quality assurance of the project and work with City staff responsible for code compliance. Provide full time inspection to ensure that the Contractor's work is compliant with the bridging document project criterion. Prepare daily reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to bridging document project criterion and provide a timely response. Coordinate and supervise, under subcontract, all special inspections at the job site as required of materials and workmanship, and discuss with the Contractor appropriate revisions to the methods and procedures used in performing the work. The special inspectors may not authorize extra work or approve of work that deviates from the bridging document project criterion. 11 of 22 August 28, 2018 Item #5 Page 17 of 28 PSA 19-502TRAN CM will inspect materials as they arrive on site and verify that all materials and equipment meet project criteria requirements and are properly stored. The CM will inspect the site daily, including any site SWPPP measures, manage special inspectors, and coordinate with any geotechnical and material testing consultants, coordinate with any FF&E vendors and be responsible for the overall quality assurance of the project. TASK 2.8 Progress Payments Review project-related invoices and progress payments. Submit all invoices to the City's Municipal Projects Manager with a recommendation stating the proper amount for payment. Use the Schedule of Values and actual quantities as a basis to prepare payment requests. The City will provide a format for monthly progress payments based on the Bid Schedule in the contract. TASK 2.9 Contractor's Claims and Change Orders In accordance with the City's Standard Public Works Contract and Supplemental Provisions, identify, prepare, log, and monitor all Contractor or City initiated claims, changes, extra work, and change orders. Assist the City's Municipal Projects Manager by working to negotiate all claims to an agreed Contractor/CM/City conclusion. Submit resultant change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare written justification and independent cost estimates for each change order after negotiating costs with the Contractor. Prepare claims, extra work, and change orders that require design criteria modifications or clarifications, including revisions to the drawings, details, and specifications. Provide the lead role and support to the City in resolving claims and disputes. This shall include: written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. TASK 3: Project Closeout Prepare detailed project punch lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Two working days after final walk-through, check and submit final payment requests. Review and certify that the Contractor's project record drawings and operation/maintenance manuals are complete and accurate. 12 of 22 August 28, 2018 Item #5 Page 18 of 28 Exhibit "A" 11 GRIFFIN STRUCTURES FEE PROPOSAL SAFETY CENTER IMPROVEMENTS PROJECT CITY OF CARLSBAD 06/20/lll PSA 19-502TRAN G1·iflin S1mcn,res' Fee Proposal is based on all reasonable costs necessary to pe1fo1111 Consb11crion Managcmcnl scniees for the Carlsbad Safety Center lmprovcmcnls Projet·l. For 1hcse requisite sc,vitcs, G1illi11 St111<·1tires proposes 1he follo\\111g No110 Exceed Fee: Constn1ction Management Services Speci;il lnspet·lion and Tesling (Allow:mcc) Rcimlmrsahlc Expenses Total $ 347,.550 30,000 7,950 885,500 All proposed hourli• mies arc fully hurdenecl and include overhead, prolil, laxes, and benefils. T he hour,; identified for each indilidual employee and task are estimates only and are not to be construed as nol to exceed hours for any individual task, phase, or time pc1iod. \~1c rcse1vc lhe right lo reallorale hours between staff members and lasks lo accomplish lhc ovc1~11l objcclivcs and rcquircmcnls of lhc p1~jcct. Se1vices are based on 1he attached Fee Sd1edule ;md Resource Allocation Sd1ed11le, which prm•ides detail on the alkm,tion of hours against a proposed projecl schedule. Any extension of the schedule or se1,1ces may result in addilional fee, in good fai1h negoliation wilh 1he Ciiy. APPROACH TO FEE AND PROJECT SCHEDULE '11,is proposal a.,sumes the follo\\ing prQjccl schedule; a s1ar1 or sen•ices on July 1 ·, 2018, a G month Design Build Conlractor pro(urcmc.mt proc;css c:omplcling in January 2019 • .S months for Contr.1clor dc-.sign and Jl<:lllli!!ing, ;yid m> ll month consu·u,·tion schedule beginning in July 2019 and completing in Fcbm;uy 2020. \\1c have also included I month pos1,·ons1111c1ion for prqjcct doseoul. In an ancmpl to bring cosl efliciencies to this prqjecl and 1h11s provide the Cily "ith a rompe1i1ivc Fee S1ruc111re, we have baicd our proposal on the follo"ing approach: Pn-·Cons1nirlin11: During lhc dcsi1,'l1 c111d pcnnitting process we anticipate our Const1·udio11 ~1anagcr alloraling roughly 30 hours per month 10 assist the City in all :is1ic,·1s of the procurcmcnl prorcs.,. Of c·ou1-se, we arc not limilcd 10 1hcst' alloc:itions and will provide whatever level or sen,jcc 1he project requires, or a., requested hr the City. NonetJ1eles.s, on average, with a total of 210 hours, we ;mtit·ip;1lc this lo he a rc.asonahlc houri), allol·ation for this stage. Contractor P<:-1iLa1 and l'ennjujng: As the project moves in the Desi1,S1 Build phase, we have allocated roughly 3GO hours of Construction 1'.'1am1.gemen1 1-ime. During this time our Cnnsh·uclion 1'.4:urn.ger "~II he o\'erseeing 13 of 22 ? TPchnnlnJfv IH'iVP. Suile ·1 fiO • l,vinc. CA 92618 • 949.497.9000 • t!riffmst,uctures.com August 28, 2018 Item #5 Page 19 of 28 PSA19-502TRAN the completion of the design, ,·oordinating with die vruious impacted departments, and working close I)' "id1 the Design Build Contractor to develop a detailed and comprehensive phasing plan for implementation . It is also during this rime that we would he pe1fonning ;1 consh·m·tahility review, as cv.,luating what long lead item.s might need to be prepurrhased. Conscrurtion: For this phase of die project, 11·e anticipate allocating a full time rnmmihnent for Construction Mruiagement as described in Addendum O I of che RFP. During this time the Constntrtion Manager will oversee a.II aspctts of the work, ,·om,tinate 111th all depa,·hnents, ru1d prO\ide all the services described in the RFP. For this phase of work 11·e have allocated I 640 hours. Proiefl Closeout: For this phase of service. we are annr1p.1ting a J month dc>.~cout 1>e1iod where the Constnu·tion Manager "ill oversee all asJ>e<·t of completing the prqjert. For this pha.se we have allocated I 60 hours of rime. Proiect Exefutive: In an effort to bring supp011 to the team, ancl pro,-icle in.sight from 01hcr pn~jerts of similar nacure and complexity, we ha\'e also indmkd an allocation of hours for our Project Executi,·e lo oversee the project for it's entire dm~1tion. ·n1is \\ill b,ing a level of support and extended resources to the Construction Manager to insure the City ,·ereives the highest lc,·cl of se1vice. For this level of support we have included 210 hours. Sueda! lnspc,·tions and Tcs1ing: The, sco1>e or sc"ice is included as an ALLOWANCE. Given 1hc scope of this project, we anti,·ipatc the Special Inspections and Testing scope of sc1vices 10 Ix: relatively modest. ·n,at is based on the <·un-cnl assmnµlion thaL Lhe cxisling building docs not rc<1uirc scismit: re1rolit1 but rather spor:1<lic inspections or modest structurnl modi/ic:.t.ions. ,vc also assume lhat the exterior work listed as ru1 Altcmate is not included in the project. Of com·se, as the project evolves, and the scope of work lx:comes more foc used, we \\ill work closely with the Citi• to produce a more detailed estimate of se"'iccs to bring the best mlue to the City. QUALIFICATIONS AND EXCLUSIONS I. On-site h-ailer rental, furninire, utilities, and sanitat)' facilities for our field staff (Project ru1d Construction Management team) are excluded. We assume dial offices will he provided as pat1 of the consb1.1ction site b·ailer(s) being provided by the City's contractor. 2. Costs for all pennits required for the project are excluded. It is assumed that die City \\111 pay for all pr1,nitting fees. assessments, easements, school foes, and other agency or govenunental foes or cost.~ to suppm1 die design and consh11<:tion the project. \~le have not included any permit related fees \\;thin our fee proposal. a. Costs for surve)ring, constn.1ction staking, cmironmc:111al and h;n,.ardous matc1ials surveys, and all l'emediarion costs are excluded ,1. Solh\'are lit'cnses or uset fees for specific prqject management solh\'are bdng required by either die City, dieir consultant(s), or conb-actor(s) is excluded. 5. Cost of bulk blueprinting for plans and spe,·ilirarions fol' use by tlie contractol's ru1d subconb·acto,·s is e,cludecl. Funds included in reimbursable expenses an, for Grillin printing costs alone. 6. \Vage Compliance Program including Cc11ilicd Paymll audiriug, fi eld inte1vicws, rn· reporting is excluded. llased on State Law Sll 854, it is assumed that tlie Dept. of Industrial Relations (DIR) will Page 2 ofa 14 ol 22 August 28, 2018 Item #5 Page 20 of 28 PSA 19-502TRAN mmmge this cfforl at 1hc St.-te level. Griffin will c11fon:e the Co11tr;wtor registJ<lliou requirements stipulated hy the DIR should th<'y he re,1uired on this prqjc,·r. i . Independent or thircl-party 1esting companies sud, as Roofing, Peer Reviews, LEED, or other specialized 1hird~p;1rt)' O\'ersight servin~s olher than those listed hf'rrin arc exduded. 8. Cmnmis.sioning rcquirc.mcnls required h)' Cal Green (fide: 2-0 ;1rc cxdudccl. Griffin "ill manage the commissioning prot·cs..", hut we ha\le not induded ;-1 l'ommissioning agent, nor <levelopmem of n>mmissioning specili<-ations. 9. LEED Commissioning ,nul LEED Consultant Se,vires ;ire exduded. to. Hourly mres ;u·e ,·a lid through Deremher of 2020 and uill escalate hy CPI annually rhereafrer. 11. l'\u FF&£ or OS&£ is induclecl in this pmposal. 'T11is proposal does inducle the oversight and management or the FF&£ process 12. 24-hour ,idco sun-cill,111cc is cxdudcd. 13. Construe-lion Mam,gcr ";)) review all RFl's, Submittals, and Subsritutions for completeness. approv:ils 10 be cxc(·utcd by the dcsi1,,icr or record. J,t For document tradung control, Grillin has indudcd the use or ''Submittal Exchange" for managing construction don1111ent;ition, and based the hours allocated in this proposal accordingly. The cost of "Submillal E.xchangc'' is included here as a rcimhursahk expense. l.S. lnsuram·e msts arc included as a reimbursable expense and \\ill be billed monthly at 1hc rate or $8 per $1,000. 16. Ar no cost to the 0"11cr, and subjecl to Internal Rc,·enuc Code 179d, (Deduction for Eneri,•y Ellicient Co1nmcrcial Buildings) Owner agrees to allocate any applicable tax credits to cons1n1ction manager (Grillin Su,,ctures) as may be relevant to 'non-profi1' prqjects. I 7. CASp re,iew and inspection se1viccs are exduded. 18. £nc11,,y eflicienq• and costing analysis services ai·e exduded. Page 3 of 11 15 of 22 August 28, 2018 Item #5 Page 21 of 28 PROJECT PHASE 1 PRECOi'ISTRUCTlON SERVICES 1.1 Scope of Work and Construction Sequence 1.2 Project Sid oocuments 1.3 Opinion Of PrObable Co$i 1.4 Design Build Ptos>O$.ll Soflclttllon Phase 2 COHSTRUCTION SERVICES 2.1 Contract Administration 2.2 Reports and Convnunlcatlon 2.3 Photo Documentation . --2A Consltuctlon Pr0gl'e$S Meetk\gs 2.s Shop Drawings and Submittal Review 2.6 Plans and Specification lnterp,etatJon 2.7 Construct.Ion Inspection Se-MCeS 2.8 Pt0fll'U$ Payments 2,9 Contractot~alms and Change Otders 3 PROJECT CI.OSEOUT ----3.1 Punch List 3.2 ~ml$$1onlng_!~ Test)og 3,3 Oemobllizatlon 3,4 Turnover Ooc:umentatlon 3,5 ftnal Pro,;ress Payment Total HoUra Subtoll.11 I Carlsbad Safety Center Improvements Fee Proposal ilti!lli 0'/i!~li111 .. 70 2-IO Incl Incl. Incl Incl. Incl Incl. Incl Incl. 130 1$-IO ln(I. Incl, Incl. Incl, Incl. Incl. Incl. Incl, Incl, Ind, Incl. Ind, Incl. Ind. Incl. Incl Incl. Incl 10 160 Ind, Ind. Ind. Incl Ind. Incl Ind. Incl Ind. Incl 210 20-IO $36,7150 $306,000 PROJECT/ ~~TRUCl10H MANAGEMENT TOTAL ' AEIM8URSA8L£ COSTS 4.1 Submittal Exeh&nge 4.2 insurance 4.3 Misc. Office S\.lpptie-, GRANO TOTAL 16 of 22 PSA 19-502TRAN 1BUHE'1f • '' ' • ' '° Incl. 0 Incl 0 Ind. Incl '° AU.OWANCE ,,.aoo $30,000 $377,5150 $7.950 $4,000 $2,950 $1,000 $38ll,500 06/20/18 August 28, 2018 Item #5 Page 22 of 28 ~ ....... ___ .....,_ ~I ~--~ ----------·------. ------....,...__,.kt!N --• '"' • --• .... • --• -• _......, .. ,_ • . . • • -- .. .. ,,.. -• • • • El!] .. » ·'.r .... . .. .. ., » ··:r ..... .. . . .. » ·~r ...... . . . . .. » 4NO • ...... • Carls.bad Safety Center Improvements Resource Allocation Schedule u ... ..... • • .. » "" .... • • • . " • .. .. "" ..... .... ' .. , • "". • -• • • • ' • , ... • ., " , ... .,, ... • • • • • l!l!J j 'Ea ·" ' . .. ,., ' "' .,,. i I I I I I I i ~ ~ ~ ~ u ~ a ~ » ---------------.. .._ -----·--- "" . "'' . "" • ""' • ... . "" • , .... "" • . ,.. . , ..... ..... • , .... • -• -· -• ,.,.,. . ,._ • -· • • • • . . • . . • .. • • , ... • ..... ,-• .... • ·-• ·-• , ... • -· • ~ .... :l'l'l'iO s :a.?M . _,.. • _,.. • _,.. • ,.,,.. • ""' • . ·-., ... ... .... ~4" -" ... . ....... -· -• ..- "" • ..... ... ... • 17MW August 28, 2018 Item #5 Page 23 of 28 PSA 19-502TRAN INFORMATION FOR CLIENTS REGARDING LEIGHTON CONSUL TING'S SERVICES We provide technical consulting services in the • field of geotechnical engineering. As consultants, we provide professional opinions based on limited observations and often- changing conditions. Due to the nature of our work, there are unavoidable risks. We call your attention specifically to the following points: .. Our professional opinions will be based in part upon data obtained from a limited number of soil and/or other samples, tests analyses, histories· of occurrences, spaced subsurface explorations and limited numbers of historical events and observations. Such information is necessarily limited and incomplete. " • The accuracy, value and analytical " significance of borings and other field and laboratory procedures and data relate only to their specific time and location. The nature of many sites is such tha t differing characteristics can be experienced within small distances and under various climatic conditions. Greater accuracy is obtained when the number and frequency of procedures and analyses are increased, but we recognize the necessity of budgetary constraints, and have agreed with you on the Scope of Work Agreement • taking into account such constraints. If conditions change, unexpected events occur, or variations or latent conditions are later discovered, they may have an impact on the way systems perform, and/or ii may become necessary to reevaluate conclusions and recommendations. Such impacts may also necessitate a change in the applicable Scope(s) of Work. ., The Services involve tests, calculations, analyses and procedures, which are in a constant state of development and refinement. Evaluative techniques are continually evolving. Modifications of procedures that have been made in the past are now being made and are expected to continue to be made in the future. Standards existing at present may be revised as knowledge increases and the state of the practice in our profession continues to improve. Because of the inherent risks and uncertainties in our Services, our contract contains specific limitations of liability. Leighton cannot guarantee that geotechnical services or opinions will prove adequate and the client assumes the risk of failure of such services. At times, clients elect to utilize new, state of the art, or innovative techniques, systems, or approaches for cost, schedule or other reasons. Sometimes governmental or regulatory agencies will allow the use of a new technique, process, or system before it has been thoroughly tested. If the Client elects to use unproven or new techniques, they may fail, despite the exercise of due care on our part, and despite agency approvals. Our work products shall be based solely upon the Services described in the Scope of Work Agreement, and not on tasks, procedures or tests beyond the scope of described Services on the time and budgetary constraints reflected in the Scope of Work Agreement. We appreciate your business and look forward to working with you • ~ I eighton Consulting, Inc. II I (101110•1 C(U,IUI' «:OUl'AlfY August 28, 2018 Item #5 Page 24 of 28 PSA19-502TRAN CARLSBAD PROFESSIONAL FEE SCHEDULE CLASSIFICATION $/HR Technician I 77 Technician II / Special lnspeclor 85 Senior Technician I Senior Special Inspector 85 Prevaiing Wage (Field Soils I Materials Tester} • 107 Prevding Wage (Building/ Construction Inspector) • 107 Prevailing Wage (Source Inspector, NOT, and Soil Remeciation O&M) • 111 System Operation & Maintenance Speclalis1 126 Non Deslructive Testing 126 Deputy lnspeclor 128 Field/ Laboratory SupelVisoc 126 Source Inspector I 104 Source Inspector II 106 Source Inspector Ill 109 CLASSIFICATION Project Adminislrator/Word Processor/Dispatcher Information Specialist CAD Operator GIS Specialist Slaff Engineer/ Geologist / Scientist Senior Staff Engineer/ Geologist/ Scientist Operations I Laboratory Manager Project Engineer/ Geologist/ Scientist Senior Project Engineer/ Geologist/ Scientist Associate Prin<:ipal Senior Principal • See Prevailing Wages in Terms and Conditions GEOTECHNICAL LABORATORY TESTING METHOD CLASSIFICATION & INDEX PROPERTIES Photograph of sample Moisture content (ASTM D 2216) Moisture & density (ASTM D 2937) ring samples Moisture & density (ASTM D 2937) Shelby tube or cutting Allerberg limits (ASTM 04318) 3 points: -Single point, non-plastic -Atte1berg limils (organic ASTM O 2487 / 4318) $/TEST METHOD California Bearing Ratio (CBR, ASTM D 1883) 10 -3 point 20 - 1 point 30 R-Value (CTM 301) untreated 40 R-Vatue (CTM 301) lime or cement treated soils 150 SOIL CHEMISTRY & CORROSMTY 85 pH Method A (ASTM 4972 or CTM 643) 180 Elecirical resistivity-single point -as received moisture $/HR 72 99 108 122 126 135 153 153 176 194 212 248 $/TEST 500 185 310 340 45 45 -Visual classification as non-plastic (ASTM D 2488) Partide size 10 Minimum resistivity 3 moisture content points (ASTM G 187/CTM 643) 90 Sieve onty 1½ inch to#200, (ASTM D 6913/CTM 202) Large sieve -6 inch to #200 (ASTM D 6913/CTM 202) Hydrometer only (ASTM D 422) Sieve + hydrometer (:S3' sieve, ASTM D 422) Percent passing #200 sieve, wash onty (ASTM D 1140) Specific gravity-fine (passing #4, ASTM D 854/CTM 207) Specificgravity-ooarse (ASTM C 127/CTM 206) > #4 retained -Total porosity -on Shelby tube sample (calculated from density & specific gravity) -Total porosity -on other sample Shrinkage limits (wax method, ASTM O 4943) Pinhole dispersion (ASTM D 4647) Dispersive characteristics (double hydrometer ASTM D 4221) As-received moisture & density (chunk/carved samples) Sand Equivalent (SE, ASTM D 2419/CTM 217) COMPACTION & PAVEMENT SUBGRADE TESTS Standard proctor compaction, (ASTM D 698) 4 points: . 4 inch diameter mold (Methods A & BJ -6 inch diameter mold (Method C) Modified proctor compaction (ASTM D 1557) 4 points -4 Inch diameter mold (Methods A & B) • 6 inch diameter mold (Method C) Check point (per point) Relative compaction or unlrealednreated soils/aggregates (CTM 216) Relative density (0.1 ft mold, ASTM D 4253, D 4254) 135 pH + minimum resistivity (CTM 643) 130 SuHale content -gravimetric (CTM 417 B Part II) 70 175 SuHale screen (Hach®) 30 110 Chloride content (AASHTO T291/CTM 422) 70 185 Corrosion suite: minimum resistivity, suHale, chloride, pH (CTM 643) 245 70 Organic matter content (ASTM 2974) 65 125 100 SHEAR STRE.NGTH 165 Pocket penetromeler 15 Direct shear (ASTM D 3080, mod., 3 points) 155 -Consolidated undrained -0.05 inch/min (CU) 285 126 -Consolidated drained -<0.05 inch/min (CD) 345 210 -Residual shear EM 1110-2-1906-IXA 50 90 (price per each additional pass after shear) 60 Remolding or hand trimming of specimens (3 points) 90 105 Oriented or block hand trimming (per hour) 65 Single point shear 105 Torsional shear (ASTM D 6467 / ASTM D 7608) 820 160 CONSOLIDATION & EXPANSION/SWELL TESTS 215 Consolidation (ASTM D 2435) 195 -Each additional lime curve 45 220 -Each additional load/unload w/o lime reading 40 245 Expansion Index (El, ASTM D 4829) 130 65 Swell/collapse-Method A (ASTM D 4546-A, up to 10 load/unloads 290 250 w/o lime curves) 235 Single load swell/collapse -Method B (ASTM D 4546-B, seal, load & 105 Inundate only) 19 of 2.2 August 28, 2018 Item #5 Page 25 of 28 METHOD TRIAXtAL TESTS $/TEST Unconfmd compression strenglh of cohesive soil 135 (with slress/slrain plot. ASTM D 2166) Unconsolidated undrained lriaxial compression lest on cohesi\18 170 soils (USACE Q lest, ASTM D 2850, per confining stress) Consolidated undrained triaxial compression test for cohesive soils, 375 (ASTM D 4767, CU, USACE R·bar test) with back pressure saturation & pore water pressure measurement (per confming stress) Consolidated drained triaxial comptession test (CD, USACE s test), with volume change measurement Price per soil type below EM 1110-2-1906{X): • Sand or silly sand soils (per confining stress) 375 • Sill or clayey sand soils (per confining stress) 500 • Clay soils (per confining stress) 705 • Three-stage lriaxial (sand or silty sand soils) 655 • Three-stage biaxial (sit or clayey sand soas) 875 • Three-stage biaxial (clay soils) 1,235 Remolding of lesl specimens 65 PSA 19-502TRAN Loighton I Fee Sdledule METHOD $/TEST HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible-wall permeameler wilh backpressure 310 saturation at one elfecli\18 stress (EPA 9100/ASTM D 5084, faOlng head Method C) • Each additional effective stress 120 • Hand trimming of soil samples for horizontal K 60 Remolding of tesl specimens 65 Permeabiity of granular soils (ASTM D 2434) 135 SOIL-CEMENT Moisture-density CUM for soi~cemenl mixtures (ASTM D 558) 240 Wei-dry durability of soil-cemenl mixtures (ASTM D 559) ' 1,205 Compressive slrenglh of molded soil-cement cylinders (ASTM D 60 1633) per cylinder ' Soil-cement remokfed specimen (for shear strength, 235 consolidation, etc.) ' ' Compaction (ASH,! D 558 maximum density) should also be pelformed -not included in above price CONSTRUCTION MATERIALS LABORATORY TESTING SAMPLE TRANSPORT $/TRIP METHOD $/TEST Pick-up & delivery 85 Theoretical maximum density and specific gravity of HMA 130 (weekdays, per trip, <50 mile radius from Leighton office) (CTM 309/MSHTO T209) METHOD $/TEST Thickness or height of compacted bituminous paving mixture 40 specimens (ASTM 3549) CONCRETE STRENGTH CHARACTERISTICS Rubberized asphalt (add to above rates) +25% Concrete cylinders compression (ASTM C 39) (6' x 12') 25 Compression, concrete or masonry cores (testing only) 40 AGGREGATE PROPERTIES S6 inch diameter (ASTM C 42) Sieve analysis (fine & coarse aggregate, ASTM C 136/ CTM 202) 135 Trimming concrete cores (per core) 20 with finer than #200 wash (ASTM C117) Flexural slrenglh of concrete (simple beam with 3rd pl. loading, 85 LA Rattler-smaller coarse aggregate <1.5" (ASTM C 131/ 200 ASTM C 78/CTM 523) MSHTOT96) Flexural strength of concrete (simple beam w/ center pt. loading, 85 LA Rattler-larger coarse aggregate 1-3' (ASTM C 535) 250 ASTM 293/CTM 523) Durability Index (DI, CTM 229) 200 Non shrink grout cubes (2", ASTM C 109/C 1107) 25 Cleanness value of coarse aggregate (CTM 227) 210 Drying shrinkage (four readings, up to 90 days, 3 bars, 400 Unit weight of aggregate (CTM 212) 50 ASTMC 157) Soundness, magnesium (ASTM C 88) 225 HOT MIX ASHPALT (HMA) Soundness, sodium 650 Compacted AC Resistance to Moist Damage (MSHTO T 283) 2,100 Uncompacled void content -fine aggregate (CTM 234/ 130 Hambufg Wheel, 4 briquettes (modiftedj (AASHfO f 324) 9()0 AASHTO T 304) Flat & elongated particles in coarse aggregate (CTM 235/ 215 Gyratory Compaclion (MSHTO T 312) 350 ASTM D 4791) Extraction by lgnilion oven, percent asphalt (ASTM D 6307 150 Percent of crushed particles (CTM 205/AASHTO T335) 135 /CTM 382/MSHTO T308) Organic impurilies in concrete sand (CTM 213) 60 Ignition o\l\ln correction/correlation values quote Specific gravity -coarse aggregate (CTM 206) 100 Extraction by cenlriluge, percent asphalt (ASTM D 2172) 150 Specific gravity-fme aggregate (CTM 207) 125 Gradation of extracted aggregate (ASTM D 5444/CTM 202) 135 Sand Equivalent (CT 217/AASHTO T 176) Stabitometer value (CTM 366) 265 Apparent specific gravity of fine aggregate (CTM 208) 130 Bituminous mixture preparation (CTM 304) 80 Moisture content of aggregates by oven drying 40 Moisture content of asphalt (CTM 370) 60 (CTM 226/MSHTO T255) Bulk specif;c gravity -molded specimen or cores (ASTM D 1188/ 55 Clay lumps, friable particles (ASTM C 142) 175 CTM 308/MSHTO T 275) Maximum density· H\l\lem (CTM 308) 200 20 of 22 August 28, 2018 Item #5 Page 26 of 28 PSA 19-502TRAN Leighton I Fee Schedule METHOD $/TEST METHOD $/TEST MASONRY SLAB-ON-GRADE MOISTURE EMISSION KrT Mortar cylinders (2" by 4", ASTM C 780) 25 Moisture test kit (excludes labOf to perfOfm test, ASTM E 1907) 60 Grout prisms (3" by 6', ASTM C 1019) 25 Masonry cores compression, S6' diameter (testing only, 40 ASTMC42) CMU compression to size 8' x 8' x 16' (3 required, ASTM C 140) 45 CMU moisture content, absorption & unit weight (6 required, 40 REINFORCING STEEL Rebar tensile test, up to No. 10 (ASTM A 370) 45 Rebar tensile test, No. 11 & over (ASTM A 370) 100 Rebar bend test, up to No. 11 (ASTM A 370) 45 ASTMC 140) srea CMU linear drying shrinkage (ASTM C 426) 175 CMU grouted prisms (compressioo test S8" x 5• x 16·, 180 ASTM E 447 C 1314) CMU grouted prisms (compressioo test> 8' x 5• x 16", 250 ASTM E 447 C 1314) Masonry core-shear, Title 24 (test only) 70 TensOe strength, S100,000 pounds axial load (ASTM A 370) 45 Prestressing wire, tension (ASTM A 416) 150 Sample preparation (culling) 50 SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E 605) 60 BRICK Compressioo (cost for each, 5 required, ASTM C 67) 40 EQUIPMENT, SUPPLIES & MATERIALS $/UNIT $/UNIT 1/4 inch Grab plates 5 each Manometer 25 day 1/4 inch Tubing (bonded) 0.55 foot Mileage 0.54 mile 1/4 Inch Tubing (single) 0.35 root Nitrile gloves 20 pair 3/8 inch Tubing, clear vinyl 0.55 root Nuclear moisture and density gauge 88 day 4-Gas meter (RKI Eagle or similar) 120 day Pachometer 25 day Air flow meter and purge pump (200 cc/min) 50 day pH/Conduclivily/T emperature meter 55 day Box or 24 soil drive-sample rings 120 box Photo-Ionization DeteclOf (PID) 110 day Brass sample lubes 10 each Pump, Typhoon 2 or 4 stage 50 day Caution tape ( 1000-foot rolij 20 each QED bladder pump w/QED C011lrol box 160 day Combinatioo lock or padlock 11 each Resistivity field meter & pins 50 day COfll)ressed air tank and regulator 50 day Slip/ Threaded Cap, 2-inch or 4-inch diameter, 15 each Coocrele coring machine (S6-inch-dia) 150 day PVC Schedule 40 Consumables (gloves, rope, soap, !ape, etc.) 35 day Slope inclinometer 200 day Core sample boxes 11 each Soi sampling T-handle (Encore) 10 day Crack monitor 25 each Soi sampling tripod 35 day Cutoff saws, reciprocating, electric (Saws All) 75 day Stainless steel bai er 40 day Disposable hailers 12 each Submersible pump, 10 gpm, high powered 160 day Disposable bladders 10 each Grunfos 2-inch with controller Dissolved oxygen meter 45 day Submersible pump/lransfer pump, 10-25 gprn 50 day DOT 55-galloo containment drum with lid 65 each Survey/fence slakes 8 each Double-ring lnfiltrometer 125 day Tedlar® bags 18 each Dual-stage interface probe 80 day Traffic cones (S25)/barricades (single lane) 50 day GEM2000 130 day Turbidity meter 70 day Generator, portable 93soline fueled, 3,500 watts 90 day Tyvek® suit (each) 18 each Global Positioning System (GPS) 80 day Vapor sampling box 45 day Hand auger set 90 day Vehicle usage Included HDPE safely fence (S100 feet) 40 roll VelociCalc 35 day Horiba U-51 waler quality meler 135 day Visqueen (20 x 100 feel) 100 roll In-situ level lroll 500 (each) 90 day Waler level indicator (electronic well sounder) 60 day In-situ troll 9500, low now waler sampling 150 day <300 feel deep well Lockable equipment box 15 day Well service truck usage 200 day Magnahelic gauge 15 day ZIPLEVEL® 15 day Other speciatized geotechnical and enviroomental testing & mooiloring equipment are available, and priced per site 21 of 22 August 28, 2018 Item #5 Page 27 of 28 PSA 19-502TRAN Leigh Ion I Fee Sclledtlt@ TERMS & CONDITIONS • Expiration: For all classifications except those subject to prevailing wage, this fee schedule is effective through December 31, 2016 after which remaining work will be billed at then-current rates. • Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otheiwise stated In the attached proposal. • Prevailing Wages: Our fees for prevailing wage work are subject to change at any time based upon the project advertised date, and changes in California prevailing wage laws or wage rates. Prevailing wage time accrued will include portal to portal travel time. • Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. • Expert Witness Time: Expert wilness deposilion and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. • Minimum Field Hourly Charges: For Field Technician Special Inspectors or Material Testing Services: 4 hours: Cancellation of inspections not canceled by 4:00 p.m. on preceding day (No charge if cancellation is made before 4:00 p.m. of the preceding work day.) 8 hours: Over 4-hour working day, or begins before noon and extends into afternoon • Outside Direct Costs: Heavy equipmen~ subcontractor fees and expenses, project-specific permits and/or licenses, project-specific supplemental insurance, travel, subsistence, project-specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 10%, unless billed directly to and paid by client. 22 of 22 • Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of 1½- percent per month will be charged for late payment. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. • Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owne(s designated representative at additional cost not included in listed unit rates. Standard tum-around time for geotechnicai-laboratory test results is 10 wori<ing days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client-designated strength, all 'hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. All other construcUon materials will be disposed of after completion of testing and reporting. 2016 R1/2016-10 wwwJeiohtonorouo,com PAGE4ol4 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF GRIFFIN STRUCTURES, INC. In Lieu of Annual Meeting The undersigned, being all of the directors of GRIFFIN STRUCTURES, .INC., a corporation (the "Corporation"), and pursuant to the laws of the State of California, and the Bylaws of said Corporation, does hereby take the following actions by their written consent: WHEREAS, a proposal was previously submitted to the Board to authorize the Corporation entering into that certain Agreement with the City of Carlsbad for professional services, attached hereto as Exhibit "A"; WHEREAS, after due deliberation, this proposal was previously considered to be in the best interest of the Corporation and its Shareholder, and was thereby approved; NOW, THEREFORE, BE IT RESOLVED, that the previously approved resolution to the Board authorizing the Corporation entering into that certain Agreement for Professional Services with the City of Carlsbad, is hereby reaffirmed; RESOLVED FURTHER, that Jon Hughes, Vice President and/or Dustin Alamo, Vice President, are hereby authorized to execute and deliver to the City of Carlsbad in the name of and on behalf of the Corporation, any and all documents, instruments, agreements, affidavits or certificates of any kind or nature whatsoever. .IN WITNESS WHEREOF, the undersigned, being all of the Directors of the Corporation, have executed this action and adopted these resolutions by their written consent, evidenced by their signatures hereinbelow. This action and such resolutions shall become effective as of and on August 6, 2018 ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ~ 12/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dealey, Renton & Associates P. 0. Box 10550 License #0020739 Santa Ana, CA 92711 INSURED Griffin Structures Inc 2 Technology Dr., Ste. 150 Irvine CA 92618 COVERAGES GRIFFSTRU CERTIFICATE NUMBER: 2132936610 Ft::_ No: 714 427-6818 NAJC# INSURER A: Great American Assurance Com an INSURER B : Lexin ton Ins. Co. 19437 11770 INSURER F: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AUDL SUBR POLICYEFF POLICY EXP LIMITS LTR OMCn wun POLICY NUMBER IMMIDDIYYYY\ IMM/"'1/YYYYI A X COMMERCIAL GENERAL LIABILITY GLP2068804 12/31/2017 12/31/2018 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE 0 OCCUR DAMAGE TU Re:"' 1 c:D -PREMISES /Ea occurrence\ $50,000 X Contractual MED EXP (Any one person) $Excluded -~ BFPD,XCU PERSONAL & ADV INJURY $1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R 0PRO-DLOC PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ E AUTOMOBILE LIABILITY 064097130 12/31/2017 12/31/2018 ~~~~b~~~lNGLE LIMIT $ 1 000000 -X ANY AUTO BOOIL Y INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -c-X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS IPer accident\ --$ C X UMBRELLA LlAB H OCCUR EXC2068805 12/3112017 12/31/2018 EACH OCCURRENCE $2,000,000 - EXCESSUAB CLAIMS-MADE AGGREGATE $2,000,000 OED I I RETENTION $ $ D WORKERS COMPENSATION GRWCB09047 12/31/2017 12/31/2018 X I ~f.~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE $1,000,000 ~C~~~ tl~PERATIONS below E.L. DISEASE • POLICY LIMIT $1,000,000 B Professional 028174885 12/31/2017 12/31/2018 per claim $2,000,000 Liabili1y annl aggr. $4,000,000 Claims Made $25,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remar1<s Schedule, may be attached if more space is required) Umbrella policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. Re: All operations of the named insured -City of Carlsbad, its officers, officials, employees, agents and volunteers is/are named as an additional insured as respects general and auto liability for claims arising from the operations of the named insured as required per written contract or agreement. Coverage afforded the additional insured is primary and non-contributory as respects to general liability coverage. Insurance coverage includes waiver of subrogation per the attached endorsement(s). Separation of Insureds specifically assigned in this Liability Coverage Part to the first Named Insured, this insurance applies: See Attached ... CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York NY 10163-4668 CANCELLATION 30 Da Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. :iORIZED REPRESENTATIVE 'l~~h01.p © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUl,TOMER ID: _G_R_IF_F_S_T_R_U ______________ _ LOC#: -------- ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Dealey, Renton & Associates Griffin Structures Inc 2 Technology Dr., Ste. 150 POLICY NUMBER Irvine CA 92618 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE a. As if each Named Insured were the only Named Insured; and Separately to each insured against whom the claim or "suit" is brought." Oak River Insurance Company -AM Best Rated as -A++ (Superior) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Griffin Structures Inc 064097130 EXCERPTS FROM CA 0001 (1013) HARTFORD BUSINESS AUTO COVERAGE Additional Insured: SECTION II -COVERED AUTO LIABILITY COVERAGE A.1. WHO IS AN INSURED: The following are "insureds" c. Anyone liable for the conduct of an "insured" ... but only to the extent of that liability. Primary Insurance: SECTION IV -BUSINESS AUTO CONDITIONS B. General Conditions -5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provide by this Coverage Form is excess over any other collectible insurance. c. Regardless of the provisions of paragraph a. above, this Coverage Form's Covered Auto Liability Coverage is primary for any liability assumed under an "insured contract". Cross Liability Clause: SECTION V -DEFINITIONS G. "Insured" means any person or organization qualifying as an insured in the Who is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. EXCERPTS FROM HA9916 (0312) HARTFORD COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 15. WAIVER OF SUBROGATION -We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410B (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER Person/Organization Job Description All CA Operations SCHEDULE Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2017 Insured Insurance Company Oak River Insurance Company WC 99 0410B (Ed. 9-14) Policy No. GRWC809047 Endorsement No. Premium$ Countersigned by _______________ _ GLP4100641 Griffin Structures Inc ORIGINAL POLICY CG 20 33 (Ed 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STA TU$ WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liabiiity for "bodily injury," ''prop- erty damage" or "personal and advertising in- jury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or om1ss1ons of those acting on your behalf; in the performance of your ongoing oper- ations for the Additional Insured. · A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply: This insurance does not apply to: 1. "Bodily injury." "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render. any professional architectural, engineering or surveying services, including: a. the preparing, approving, or failing to prepare or approve. maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," or "property damage" oc- curring after: a. all work. including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional lnsured(s) at the location of the covered operations has been completed; or b. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project Copyright. ISO Properties, Inc., 2004 CG 20 33 (Ed. 07i04J XS GLP4100641 Griffin Structures Inc ORIGINAL POLICY GAC 3649CG (Ed. 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649CG (Ed 11 /061 XS Griffin Structures Inc GLP4100641 ORIGINAL POLICY CG 24 04 (Ed 05 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATlONS LIABILITY COVERAGE PART Schedule Name of Person or Organization: Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract to waive any right of recovery ~we may have against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 (Ed 05/091 PRO Copyright, ISO Properties. Inc. 2008 (Page 1 of 1,