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HomeMy WebLinkAboutDomusstudio Architecture LLP; 2021-11-30; PSA22-1607CADocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A7118C (Attachment A). PSA22-1607CA MASTER AGREEMENT FOR ARCHITECTURE/BRIDGING SERVICES DOMUSSTUDIO ARCHITECTURE, LLP THIS AGREEMENT is made and entered into as of the ______ day of ---------, 2021, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and Domusstudio Architecture, LLP, a limited liability partnership, hereinafter referred to as "Contractor." RECITALS A.City requires the professional services of a consulting firm that is experienced in the architecture and bridging field. B.The professional services are required on a non-exclusive, project-by-projectbasis. C.Contractor has the necessary experience in providing professional services andadvice related to architecture and bridging. D.Contractor has submitted a proposal to City under Request for Qualifications(RFQ) No. 21-1449CA 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 WORKCity 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of three (3) years from December 1, 2021,through November 30, 2024. The City Manager may amend the Agreement to extend it for one(1)additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactoryreview 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 theextended Agreement. 4.PROGRESS AND COMPLETIONThe work for any project granted to Contractor pursuant to this Agreement will begin within ten(10)days after receipt of notification to proceed by City and be completed within the time specifiedin the Task Description for the project (see paragraph 5 below). Extensions of time for a specific City Attorney Approved Version 6/12/18 1 of 21 30thNovember DocuSign Envelope ID: 2A784AF2-6888-4896-9F95-75FF13A7118C PSA22-1607CA Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description excee.d the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be requ ired to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version 6/12/1 8 2 of 21 DocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A7118C PSA22-1607CA 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of 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. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations 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. 10.1.1 Commercial General Liability (CGL) 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 projecUlocation or the general aggregate limit shall be twice the required occurrence limit. The limits for Commercial General Liability can be achieved through a combination of primary and excess or umbrella liability insurance, provided that such coverage will result in the same or greater coverage as the coverage required under this Section. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. · 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version 6/1 2/18 3 of 21 DocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A7118C PSA22-1607CA 10.1.4 Professional Liability. Errors and omIssIons liability appropriate to Contractor's profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10 .2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Aweement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal. business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy ofthe work product for Contractor's records. City Attorney Approved Version 6/1 2/18 4 of 21 DocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A7118C PSA22-1607CA 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City. and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: Name Title Dept Address Phone Eleida Felix Yackel Senior Contract Administrator Public Works CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 760-602-2767 For Contractor: Name Title Address Phone Email Wayne Holtan Project Manager 2800 Third Avenue SAN DIEGO, CA 92103 619-692-9393 EXT. 15 wayne.holtan@domusstudio.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. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the -City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YeslKl NoD 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all _ agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the 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 City Attorney Approved Version 6/12/18 5 of 21 DocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF1 3A7118C PSA22-1607CA method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full .amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in th is 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. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 6 of 21 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A7118C PSA22-1607CA 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 of 21 City Attorney Approved Version 6/12/1 8 DocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A7118C PSA22-1607CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of architecture and bridging tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Bridging Document Development B. Complete Design Services C. Conceptual Design D. Design Administration Services (RFI, ASI, Review) E. Space Programming Requests for work not listed above must be contracted under separate agreement. 9 of 21 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A71 18C l . Architecture/ Bridging FEE SCHEDULE City of Carlsbad Request for Qualifications RFQ21 -l 449CA Master Agreement Consultant Services 2800 Third Avenue San Diego, CA 92103 Tel 619.692.9393 Fax 619.692 .9394 10 of 21 DocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A7118C t R t S h d I mas1er Agreemen a e c e u e Prices valid through December 1, 2024 STAFF Name Title " Hourly Rate " .. " / _L . " "'::";.,,.,"-'"' ' ~ f!i:.-/v_.x 4 _ /~ 1 Jeffrey T. Kent Principal Engineer $188.00 2 Gregory Farrand Principal Geologist $188.00 3 Kenneth Mansir, Jr. Principal Engineer $188.00 4 Mark Cuthbert Principal Engineer $188.00 5 Ronald Halbert Principal Engineer $188.00 6 Steve Beck Principal Geologist $188.00 7 Stephen Waide Principal Industrial Hygienist $188.00 8 Beth Abramson-Beck Principal Geologist $188.00 9 William Morrison Senior Engineer $178.00 10 Robert Wheeler Senior Geologist $178.00 11 Marci Richards Senior Geologist $178.00 12 Adrian Olivares Senior Environmental Scientist $178.00 13 Kai Vedenoja Senior Project Engineer $173.00 14 Todd Schmitz Senior Project Geologist $173.00 15 Christina Tretinjak Senior Project GE:)ologist $173.00 16 Nissa Morton Senior Project Geologist $173.00 17 Nicolas Carpenter Senior Project Environmental Scientist $173.00 18 Gabriel Smith Project Engineer $165.00 19 Christine Kuhns Project Engineer $165.00 20 Pugazhvel Thirthar-Palanivelu Project Engineer $165.00 21 Zachary Hasten Project Geologist $165.00 22 Nicholas Marinello Project Environmental Scientist $165.00 23 Kevin Diner Senior Staff Engineer $150.00 24 Jeremiah Harrington Senior Staff Engineer $150.00 25 Bridgette Hassett Senior Staff Engineer $150.00 26 Tracy Thompson Senior Staff Engineer $150.00 27 Stephen Quimpo Senior Staff Geologist $150.00 28 Keith Kastama Staff GeOlogist $134.00 29 Brian Ford· Staff Environmental Scientist $134.00 30 Emad Beshay Special Inspector $104.00 31 Ivan Guajardo Special Inspector $104.00 32 Due Nguyen Special Inspector $104.00 33 Peter Nowicki Special Inspector $104.00 34 Dorothy Rackstraw Special Inspector $104.00 35 Patrick Simmons Special Inspector $104.00 36 Alex Gutierrez Special Inspector/Senior Field Technician $104.00 37 Julio Guzman Special Inspector/Senior Field Technician $104.00 38 Daniel Lindsay Special Inspector/Sen ior Field Technician $104.00 16of21 7 Ninyo & Moore I City of Carlsbad Discipline No. 12: Geotechnical Services RFQ21 -1449CA I P02-02441 I May 15, 2021 CA12 □ocuSign Envelope ID: 2A784AF2-6888-4896-9F95-75FF13A7118C t R t S h d I Mas1er "'greemen a e c e u e Prices valid through December 1, 2024 STAFF Name Title Hourly:Rate , , 1~ _, -""' *"' ;,./2 ~ 39 Everardo Rico Special Inspector/Senior Field Technician $104.00 40 Micheil Saad Special Inspector/Senior Field Technician $104.00 41 Timothy Timmerman Special Inspector/Senior Field Technician $104.00 42 Todd Remund Special Inspector/Field Technician $104.00 43 Thanh Tran Special Inspector/Field Technician $104.00 44 James Contino Senior Field Technician $103.00 45 Matt Ecker Senior Field Technician $103.00 46 Mark Maccarthy Senior Field Technician $103.00 47 Dalton McCune Senior Field Technician $103.00 48 Mario Palacios Senior Field Technician $103.00 49 Omer Sekander Senior Field Technician $103.00 50 Justin Smolenski Senior Field Technician $103.00 51 Thomas Whelan Senior Field Technician $103.00 52 Richard Agcaoli Field Technician $98.00 53 Roman Aranda Field Technician $98.00 54 · Aaron Frederick Field Technician $98.00 55 Timothy Harn Field Technician $98.00 56 Alejandro Jimenez Field Technician $98.00 57 Joseph Tasto Field Technician $98.00 58 Eric Van Ginder Field Technician $98 .00 59 Darin Vojtaskovic Supervisory Technician $104.00 60 Alfredo Tapia Senior Laboratory Technician . $103.00 61 Joshua Corder Laboratory Technician $98.00 62 Miguel Estrada Laboratory Technician $98.00 63 Norman Gutierrez Laboratory Technician $98 .00 64 Ruben Landeros Santana Laboratory Technician $98.00 65 Jesse Lahman GIS Analyst $123.00 66 Alexis Balane Technical Illustrator $98.00 67 Kate Hughes Geotechnical Assistant $81.00 68 Angelique Frederick Data Processor $71.00 69 Geraldine Gudoy · Data Processor $71.00 17 of 21 Ninyo & Moore I City of Carlsbad Discipline No. 12: Geotechnical Services RFQ21-1449CA I P02-02441 I May 15, 2021 CA12 8 □ocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A7118C t R t S h d I Mas1er Agreemen a e c e u e Prices valid through December 1, 2024 EXPENSES >,' ,'x:c: D ii tf» " ;;;; • • C t ~,;,,c!\.\''>,,, ,,,,,, ·'= ', .,:,;,:ri\tiZ~,:zoAM rk" •',qc~ AA X esc p on w;f< " 2ft '>'µ/~ ~ ;di ~s,rr / "x OS ~»f~ JJ,t,j'S/A c';>",:_;;,;.fiHt,,Y=~ yY ~k?II'~ / ill 'i ( ¥:fil';v"~~,, ut• 0 a upwl w01 ttwt<,...'¼,/"h j'.? "'~.-!' ~ ~Y7;;s '/< p 7 -"1~/ ~,.;:;;c»JWp-.,,, ;¼filr~u~?,""~ii~t,@,.$!;;<~i~;L;§!:k~;:: -✓0 ¥#0->'s<-v_, ;%',,:::=~'f::-ziNt%ilii,,/&t~Zt:,,: J'{~,k 1 Subcontractor and Expense 10% 2 See laboratory fees list (page X) Pertest - 3 Concrete Coring Equipment (includes technician) $190.00/hr - 4 Anchor Load Test Equipment (includes technician $190.00/hr - 5 GPR Equipment $180.00/hr - 6 Inclinometer $100.00/hr I - . 7 Hand Auger Equipment $ 80.00/hr - 8 Rebar Locator (Pachometer) $ 25.00/hr - 9 Vapor Emission Kit $ 65.00/kit - 10 Nuclear Density Gauge $ 12.00/hr - 11 X-Ray Fluorescence $ 70.00/hr - 12 PID/FID $ 25.00/hr - 13 Air Sampling Pump $ 10.00/hr - 14 Field Vehicle $ 15.00/hr - 15 Expert Witness Testimony $ 450.00/hr - For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 limes the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. · 18 of 21 Ninyo & Moore I City of Carlsbad Discipline No. 12: Geotechnical Services RFQ21 -1449CA I P02-02441 I May 15, 2021 CA12 9 DocuSign Envelope ID: 2A784AF2-688B-4896-9F95-75FF13A71 18C PROFESSIONAL RATES Fee Schedule -2021 TITLE HOURLY RATE Principal $250 EXECUTIVE: Director $225 Project/Construction Executive $200 Associate Director $200 Program Manager/PMCM Manager $190 MANAGEMENT: Cost Manager $180 Schedu"/ing Manager $180 Project Controls Manager $185 Senior Constructability Reviewer $180 Senior Project/Construction Manager $175 SENIOR Senior Estimator $175 PROFESSIONAL: Senior Scheduler $175 Senior Project Controls Engineer $175 Senior Software Engineer $175 Constructability Reviewer $160 Project/Construction Manager $160 Quality Assurance $150 Cost Estimator II $155 Cost Estimator I $145 Scheduler II $155 PROFESSIONAL: Scheduler I $145 Project Controls Engineer $145 Software Engineer $145 Assistant Project/Construction Manager $145 Data Engineer I Analyst $125 Project Engineer $125 Document Control Specialist $90 Administrative Assistant $75 00 20 of 21 11 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/30/2020 ~ 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 pDlicy(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). PRODUCER ~~~1~cT Certificate Deoartment Cavignac & Associates r,.~gN,_t Extl: 619-744-0574 I rffc No\: 619-234-8601 450 B Street, Suite 1800 San Diego CA 92101 ~t1l~~ss: certificates@cavianac.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: XL Specialty Companv 37885 INSURED DOMILLP-01 INSURER B: Valley Forge Insurance Comoanv 20508 domusstudio architecture, LLP dba domusstudio arch INSURER c: Travelers Prooertv Casualtv Comoanv of America 25674 2800 3rd Avenue San Diego, CA 92103 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1472191361 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 ADOL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE •••~n ,.n,n POLICY NUMBER IMM/DD/YYYY\ IMM/DD/YYYY\ B X COMMERCIAL GENERAL LIABILITY y B7012572299 12/31/2020 12/31/2021 EACH OCCURRENCE $1,000,000 -□ CLAIMS-MADE 0 OCCUR DAMAc,E TO RENTED PREMISES /Ea occurrence) $1,000,000 MED EXP (Any one person) $10,000 - PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ □PRO-□LOC PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY B7012572299 12/31/2020 12/31/2021 COMBINED SINGLE LIMIT $1,000,000 /Ea accidentl -ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accidentl -- $ B X UMBRELLA LIAB M OCCUR B7012572299 12/31/2020 12/31/2021 EACH OCCURRENCE $3,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED I X I RETENTION$ 1 n nnn $ C WORKERS COMPENSATION y UB7R538834 12/31/2020 12/31/2021 X 1 r1%uTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 ,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below A Professional Liability DPR9970946 12/31/2020 12/31/2021 Each Claim $3,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Projects. Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD and The City of Carlsbad per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or non renewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 947 AUTHORIZED REPRESENTATIVE Murrieta CA 92564 ~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD -------!!!!!!!!!!! - iiiiiiiiiii Policy Number: B7012572299 SB146968C (Ed. 10-19) C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a ~amed Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. Additional Insured -Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds: If the additional insured is: 1. An individual, then his or her spouse is an insured; 2. A partnership or joint venture, then its partners, members and their spouses are insureds; 3. A limited liability company, then its members and managers are insureds; 4. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or 5. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs 1. through 4. above; SB146968C (Ed. 10-1 9) Page 2 of 3 Copyright, CNA All Rights Reserved. Policy Number: B7012572299 SB146968C (Ed. 10-19) (2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. F. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement 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 within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968C (Ed. 10-19) Page 3 of 3 Copyright, CNA All Rights Reserved. ~ TRAVELERS] WORKERS COMPENSATION . AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 POLICY NUMBER: UB7R538834 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 03. 00 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued un less otherwise stated. (The information below is required only when this.endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1213112020 Policy No. UB7R538834 Endorsement No. l~u~d . . . . domusstud10 architecture, LLP dba domusstud10 architecture Premium· Insurance Company Travelers Property Casualty Co. of America Countersigned by ____________ _ DATE OF ISSUE: ST ASSIGN: Page 1 of 1