HomeMy WebLinkAboutAECOM Technical Services Inc; 2014-03-27; UTIL1072AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT
FOR PROFESSIONAL SERVICES FOR THE
NORTHWEST QUADRANT STORM DRAIN PROGRAM
AECOM TECHNICAL SERVICES, INC.
UTIL 1072
Amendment No. 4 is entered into and effective as of the ~y of
~..,....~:......,<.---~....._L..>oooo~----· 2016, extending and amending the agreement dated March
, 20 4 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"),
and AECOM Technical Services, Inc., a California corporation, ("Contractor") (collectively, the
"Parties") for civil design services for the Northwest Quadrant Storm Drain Program -Roosevelt
Street.
RECITALS
A On September 24, 2014, the Parties executed Amendment No.1 to the Agreement
to extend the Agreement for a period of one (1) year ending September 26, 2015; and
B. On September 16, 2015, the Parties executed Amendment No.2 to the Ag;eement
to extend the Agreement for a period of one (1) year ending September 26, 2016 and to increase
the scope of work to include replacing the storm drain pipeline; and
C. On January 7, 2016, the Parties executed Amendment No.3 to the Agreement to
increase the scope of work to fund additional civil engineering services; and
D. The Parties desire to fund additional design services to address changes
requested by the Carlsbad Municipal Water District and the City; and
E. The Parties desire to extend the Agreement for a period of one (1) year ending
September 26, 2017; and
F. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed twenty thousand dollars
($20,000).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed twenty thousand dollars ($20,000).
Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include
hours performed, hourly rates, and related activities and costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by September 26, 2017.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
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5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. The individuals executing this Amendment 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 Amendment.
CONTRACTOR
AECOM TECHNICAL SERVICES, INC.,
:~alijZ_lC,
(s1gn here)
Ray Hrenko I Vice President
(print name/title)
Brandenburg-Smith
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: ~ .t
J~~--··· City Manag Mayor or Director
Associate Vice President & Assistant Secretary
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:_-~'-""~==-------=-
Deputy City Attorney
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AECOM Technical Services, Inc.
3995 Via Oro Avenue
Long Beach, CA 90810
T 562.213.4139 F 562.420.2915 www.aecom.com
AECOM TECHNICAL SERVICES. INC.
CERTIFICATE OF ASSISTANT SECRETARY
The undersigned, Sarah M. Sabunas, hereby certifies that she is now and at all times relevant
hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services,
Inc., a California corporation, and that the Board of Directors, by resolution dated June 6, 2014,
has authorized Ray Hrenko, Vice President, may in accordance with established administrative
procedure, execute various written agreements and instruments, including Amendment No. 1 to
the Agreement for Professional Services for the Northwest Quadrant Storm Drain Program
project by and between the City of Carlsbad and AECOM Technical Services, Inc. on behalf of
the corporation or its divisions. ·
The undersigned does further certify that the foregoing resolution has not been revoked,
amended or modified, and is in full force and effect as of the date hereof.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Assistant Secretary
and has affixed the corporate seal of this corporation this 11th day of September, 2014.
AECOM TECHNICAL SERVICES, INC.
By:~~---
Sarah M. Sabunas, Assistant Secretc:ry
UTIL 1072
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
The following Scope of Services and Fee amends the original Agreement's Scope of Work Tasks.
Task 4-Original Agreement
Construction Phase Support
Provide additional funding for design services to address changes requested by the Carlsbad
Municipal Water District and the City.
Fee to Fund Task 4 ............................................................................................................ $20,000
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AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES
AECOM TECHNICAL SERVICES, INC.
UTIL1072
//"Jrhis Amendment No. 3 is entered into and effective as of the 'l 22{ day of
[/;1 Aft[ tl /' V , 20Ltz_, amending the agreement dated March 27, 2014 (th~i''Agr6ement") ~Y and between the City of Carlsbad, a municipal corporation, ("City"), and
bECOM Technical Services, Inc., a California corporation, ("Contractor") (collectively, the
nParties") for the Northwest Quadrant Storm Drain Improvement Program.
RECITALS
A. On September 24, 2014, the Parties executed Amendment No: 1 to the Agreement
to extend the Agreement for a period of one (1) year ending September 26, 2015; and
B. On September 16, 2015, the Parties executed Amendment No.2 to the Agreement
to extend the Agreement for a period of one (1) year ending September 26, 2016 and increase
the scope of work to include replacing the storm drain pipeline; and
C. The Parties desire to alter the Agreement's scope of work to amend the original
tasks and provide funding for construction support services; and ·
D. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed thirty thousand dollars
($30,000).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed ten thousand dollars ($1 0,000). Contractor
will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours
performed, hourly rates, and related activities and costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by September 26, 2016.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
The following Scope of Services and Fee amends the original Agreement's Scope of Work tasks.
Amend Task 3
Prepare Plans, Specifications and Estimates as follows:
Add installation of hardscape improvements.
Add design two curb inlets.
Fee to Amend Task 3 ......................................................................................................... $3,000
Add Task 3A
Provide civil engineering support services during bid process including responding
to RFI's and preparation of details as required.
Fee to add Task 3A. ........................................................................................................... $2,000
Fund Task 4
Construction Phase Support
Fee to Fund Task 4 ............................................................................................................ $5,000
Total not-to-exceed amount based on time and materials ......................................... $10,000
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Original project was scoped to install a new manhole and some new cleanouts. After initial
hydraulic analysis, it was determined that the pipeline is undersized. The project now will be the
replacement and upsizing of the entire pipeline. An additional $10,000 is being added to this time
and materials professional services agreement to funds these additional design services.
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AECOM SAN DIEGO
2015 Schedule of Fees and Charges (Rate Table)
The following describes the basis for compensation for service
performed during the fiscal year 2015.
This Schedule of Fees and Charges will be adjusted
annually on January I of each subsequent year to reflect
merit and economic salary increases, and changes in the
expected level and mode of operations for the new year:
The new Schedule of Fees and Charges will apply to
existing and new assignments.
PERSONNEL CHARGES*
The charge for all time required in the performance of the
Scope of Service, including office, field and travel time,
will be at the Unit Price Hourly rates set forth below for the
labor classifications:
Labor Classification
Step Code Professional Staff Hourly Rate
PRFl Graduate Engineer, Scientist, Architect $85
PRF2 Engineer, Scientist, Architect $110
PRF3 Senior Engineer, Scientist, Architect $125
PRF4 Project Engineer, Scientist, Architect $150
PRF5 Associate Engineer, Scientist, Architect $175
PRF6 Senior Associate, Project Manager,
Contracts Manager
PRF7 Principal Engineer, Scientist, Architect
PRF8 Senior Principal Engineer,
Program Manager
$190
$205
$265
Step Code Technical Staff Hourly Rate
TEH1 Drafter/GIS/Graphics
TEH2 Senior Drafter/GIS/Graphics
TEH3 Designer/GIS, Estimator, Scheduler
TEH4 Senior Designer, Estimator, Scheduler
TEH5 Lead Designer, Estimator, Scheduler
$90
$120
$120
$150
$200
Step Code Field Staff Hourly Rate
FLDI Technician I
FLD2 Technician II
FLD2
FLD3
FLD4
FLD4
Project Technician/Field Inspector
Senior Project Technician/Field Inspector
Lead Technician/Field Inspector
Project Superintendent
$65
$75
$85
$115
$135
$145
Step Code Project Support Staff Hourly Rate
SUPl Office/Clerical/Word Processor
SUP2 Project Assistant
SUP3 Administrator/Contract
SUP4 Project Administrator/Contract
SUPS Senior Project Administrator/Contracts
SUP6 Principal Project Administrator/Contracts
$75
$80
$95
$125
$150
$175
Overtime (hours worked in excess of eight (8) hours per
day) by exempt personnel will be charged at the above
straight time rate. Overtime by non-exempt personnel will
be charged at 1.5 times the above hourly rates.
OTHER PROJECT CHARGES
Subcontractors and Equipment Rental
The cost of services subcontracted by AECOM to others
and other costs incurred by AECOM will be charged at cost
plus 15%.
Communication
The cost of communications including telephone, pagers,
cell phones, network communications, facsimile, routine
postage and incidental copying costs will be charged a flat
rate of 3% of total gross labor charges.
Computers
Specialty software including modeling software
(Geographic Information Systems, noise, air emtsstons,
groundwater and other modeling applications), and similar
software will be charged at $10.00 per hour.
Plots
The following charges will apply for plots generated by the
CADD and GIS systems.
Color Paper Plots: 24x36 $24.00
Color Paper Plots: 36x48 $36.00
BW Plots: $7.00
Mylar Prints: 24x36 $20.00
Mylar Prints: 36x48 $25.00
Document Reproduction
In-house reproduction will be charged at $.10 a page for
black and white and $1.25 a page for color.
Vehicles and Mileage
Leased field vehicles (pick-ups, vans, trucks, etc.) used on
project assignments will be charged at $85 -$95 per day.
The mileage charge for personal autos will be the current
mileage rate established by the Internal Revenue Service
*The above rates do not include prevailing wages as determined by the
Department of Industrial Relations on Public Works projects. Prevailing
wages and benefits are billed at a higher rate in comparison 10 the
AECOMrute.
When AECOM staff, appear as expert witnesses at court trials, mediation.
arbitration hearings and depositions, their time will be charged at 1.0
times the standard rate. All time spent preparing for such trials, hearings
and depositions will be charged at the standard labor rate.
This fee schedule contailrs confidential business ilrjormati01r and is 1101 to be copied or
distributed for ally purpose other than the use i1rte1rded ;, this co11tract or proposal. AS'COM
UTIL1072
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
(AECOM TECHNICAL SERVICES, INC.)
THIS AGREEMENT is made and entered into as of the J^/^'^^ day of
^/^/f/yA/ , 2014, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and AECOM TECHNICAL SERVICES, INC., a California corporation,
("Contractor").
RECITALS
A. City requires the professional sen/ices of a consultant that is experienced in Civil
Engineering.
B. Contractor has the necessary experience in providing professional services and
advice related to preparation of improvement plans, specifications and cost estimates.
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 Southem 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 six (6) months from the date first
above written. The City Manager may amend the Agreement to extend it for three (3) additional
one (1) year periods or parts thereof in an amount not to exceed thirty thousand dollars
($30,000) per Agreement year. Extensions will be based upon a satisfactory review of
Contractor's performance, City needs, and appropriation of funds by the City Council. The
parties will prepare a written amendment indicating the effective date and length of the extended
Agreement.
4. TIME IS OF THE ESSENCE
Time is ofthe 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
nineteen thousand eighty dollars ($19,080). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. The City
resen/es the right to withhold a ten percent (10%) retention until City has accepted the work
and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perfonn the Sen/ices in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election, City may deduct the indemnification amount
from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Sen/ices. 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 resen/es the right to employ other Contractors in connection with the Sen/ices.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold hannless 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 perfonnance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or eariy 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 perfonnance of the sen/ices 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 can-ier is required to have a cun-ent Best's Key Rating of not less than "A-:VH". OR
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with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "AiX".
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 candied by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the wori^ under this
Agreement or the general aggregate will be twice the required per occun'ence limit.
10.1.2 Automobile Liability, (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
10.1.3 Wori<ers' Compensation and Emplover's Liabilitv. Wori<ers' Compensation
limits as required by the California Labor Code. Wori<ers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Enrors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
I I If box is checked, Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide pnmary coverage to the City.
10.2.2 Contractor will obtain occun'ence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
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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 resen/es the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of 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 nonnal business hours to examine, audit, and make transcnpts 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 tenninated. all wori<
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Sherri Howard Name Alfred Pedroza
Title Associate Engineer Title Project Manager
Department Public Works-Utilities Address 7807 Convoy Court, Suite 200
City of Carlsbad San Diego. CA 92111
Address 1635 Faraday Avenue Phone No. 858-300-2711
Carisbad, Ca 92008 Email alfred. pedroza@aecom.com
Phone No. 760-602-2756 '
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Confiict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPUANCE WITH LAWS
Contractor will keep fully infonned of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Sen/ices by Contractor. Contractor will at all times obsen/e 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 ofthe Immigration Refonn and Control Act of 1986
and will comply with those requirements, including, but not limited to. verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment
19. DISPUTE RESOLUTION
If a dispute should arise regarding the perfonnance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othenwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be fonwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded
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 ofthe
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 nonperfonnance 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 perfonned to the termination date; however, the total will not exceed the lump sum fee
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payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or 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 othenwise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seo..
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 attomey's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debamnent 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 tenninate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California; and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it.
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
confiict. the tenns of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
City Attorney Approved Version 1/30/13
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and wan'ant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
AECOM TECHNICAL SERVICES, INC.,
a California corporation
(sign here)
RAY ^^\<e>. i\C^ fKP<\&^i
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
as/authorized by the City Manager
Jim Howell
By:
^ (sign here) /
(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
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:
CELIAA. BREWER. City Attorney
Assistant City Attorney
City Attomey Approved Version 1/30/13
ABCONi
AECOM Technical Services, Inc
3995 Via Oro Avenue
Long Beach, CA 90810
T 562 213 4139 F 562 420 2915 www aecom com
AECOM TECHNICAL SERVICES. INC.
CERTIFICATE OF SECRETARY
The undersigned, Sarah M Sabunas, hereby certifies that she is now and at all times relevant
hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services,
Inc , a California corporation, and that the Board of Directors, by resolution dated July 10, 2013,
has authonzed Ray Hrenko, Vice President, to execute vanous written agreements and
instruments, including the Agreement for Professional Engineering Services - Roosevelt Street
Storm Dram Improvements by and between the City of Carlsbad and AECOM Technical Services,
Inc on behalf of the corporation or its divisions
The undersigned does further certify that the foregoing resolution has not been revoked,
amended or modified, and is in full force and effect as of the date hereof
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary and has
affixed the corporate seal of this corporation this 20**^ day of March, 2014
AECOM TECHNICAL SERVICES, INC.
By
Sarah M Sabunas, Assistant Secretary
AECOM
7807 Convoy Court
Suite 200
SanDlego.CA 92111
www.aecom com
858 268 8080
858 292 7432
tel
lax
March 4,2014
Ms. Sherri Howard
/^sociate Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Roosevelt Street Storm Drain Improvements Project
Dear Ms. Howard:
The purpose of this letter is to provide the scope of work and fee associated with the Roosevelt
Street Storm Drain Improvements Project. The work generally consists of preparing design plans and
specifications forthe construction of storm drain improvements including new curb inlets, new
storm drain cleanouts as well as raising an existing storm drain cleanout to grade.
Project Understanding
The Roosevelt Street Storm Drain Improvements Project (Project) begins at the intersection of
Laguna Drive and Roosevelt Street in Carlsbad, west of Interstate 5, and goes south along Roosevelt
Street for approximately 550 feet. The work involved includes two new curb inlets, one new
cleanout, replacement of a cleanout, as well as raising the northern clenout to grade.
Scope of Work
Task 1 - Project Management and Administration
Project management tasks shall include invoicing, budget and schedule tracking, and providing
updates.
Schedule
Task / Deliverable Schedule
Review existing info, obtain required
additional info. Site Visit
Within 1 week following NTP
Prepare 100% Submittal Finish 2 weeks after NTP
Final Submittal Finish 2 weeks following 100% City Comments
AsCOM l^s- Shem Howard
March 4.2014
Page 2 of 4
Ta.sk 2 - Review Existing information and Field Visit
Review pertinent information provided by the City of CaHsbad (City). Identify and request additional
information required to complete the evaluation.
Evaluate the site conditions with City staff to confirm the limits of improvements required for the
project. This would include pipeline, pavement, sidewalk, and curb and gutter improvements.
Task 3 - Prepare Plans, Specificalioiis and Estimate
Prepare a 100% Draft PS&E submittal. The following 4 sheets are proposed to be included in the
100% design submittal:
• Title Sheet
• General Notes, Abbreviations and Details
• Storm Drain Improvement Site Plan
• Storm Drain Details
The draft supplemental special provisions (SSPs) will be comprised of technical sections using the CSI
format. AECOM will submit two hard copies and a MS Word file to the City for review and comment.
The Engineer's opinion of construction cost will be developed using general unit cost factors at a
level of detail corresponding to the design level.
Attend one meeting to receive/discuss City comments on design requirements and submittals.
Following receipt of City comments on the prior submittal, prepare a final PS&E submittal comprised
of final speciflcations (as Word and PDF flies), flnal bid schedule, plans (one set of signed mylars and
one CD with electronic files; AutoCAD-drawings, and MS Word-Speciflcations), and an updated
Engineer's opinion of construction cost.
AECOM will attend the pre-bid meeting and will help the City evaluate the bids received for
responsiveness once the bidding period closes.
Task 4 - Construction Phase Support
It is AECOM's understanding that the City will serve as the construction manager for the overall
construction project, with primary responsibility for contract administration, for formal interaction
with the construction contractor, and for all matters related to or affecting Project schedule,
budget/cost, and acceptance of the work. AECOM will provide office engineering support sen/ices
for the construction. ^
During the construction phase ofthe project, AECOM will respond up to 5 RFIs and review up to 5
submittals.
Prepare clariflcation sketches, if required, during construction to address issues resulting from
unanticipated field conditions or other fleld changes. Up to three (3) sketches are assumed.
fiSCONi ^^^''^ Howard
March 4, 2014
Page 3 of 4
Make record changes to the drawings based upon contractor-furnished record of construction
changes.
Cost Proposal
We will complete the sen/ices outlined in Tasks 1 through 4 of this Scope of Services for a not-to
exceed fee of $19,080, on a time-and-materials basis in accordance with the attached fee estimate
budget (Exhibit "A").
Other Assumptions
1. The City will provide front-end documents, including construction contract, bidder
instructions, general and special provisions. AECOM will be responsible for preparing
supplemental special provisions that AECOM deems necessary for this project. AECOM will
prepare the Bid Schedule and bid item description.
2. This Scope of Services is based on AECOM's current understanding of the project and
discussions. If the actual work required is significantly different from what is anticipated, it is
agreed that the scope and fee will be revised accordingly.
3. AECOM will be entitled to rely upon the accuracy of data and information provided to us
without independent review or evaluation except as described in the scope.
4. Environmental work is not included as part of this base scope and fee.
5. Any permits, fees or inspection costs required by other agencies will be acquired and paid
for by the City.
6. Trafflc Control Plans are not included as part of this base scope and fee.
7. Coordination with HOAs and utilities will be done by the City.
8. Any Engineer's Opinion of Construction Cost prepared by AECOM represents its judgment as
a design-professional and is supplied for the general guidance of City. Since AECOM has no
control over the cost of labor and material, or over competitive bidding or market
conditions, AECOM does not guarantee the accuracy of such opinions as compared to
contractor bids or actual cost to City.
9. Notwithstanding anything in this Scope of Sen/ices, AECOM shall have no responsibility for
the discovery, presence, handling, removal or disposal of, or exposure to persons to
hazardous materials in any form, at the project site.
10. Any reuse of AECOM prepared documents, except for the speciflc purpose intended
hereunder, will be at District's sole risk and without liability or legal exposure to AECOM or
its subconsultants.
11. No utility coordination will be required.
12. It is recognized, though, that due to the nature of fleld construction and the highly variable
conditions and circumstances that may be encountered, it is very difficult to accurately
predict the exact level of construction phase services and fee which will be needed. If the
AsCOiVI Sberri Howard
March 4,2014
Page 4 of 4
construction contractor is cooperative and the Project proceeds smoothly, a reduced level
of effort may be appropriate. Conversely, difflcult field conditions or relations with the
contractor or an extended construction period could require additional effort and fee.
Therefore, key assumptions and budgetary amounts are provided for Construction Phase
Services tasks, based on past experience. The extent of construction phase services is based
upon the following construction schedule assumptions:
a. It is assumed that the construction contract will require 1 month for completion.
b. It is our understanding that the City will act as the construction manager for the
Project and will be responsible for disseminating information such as RFIs and shop
drawings for review during construction.
Thank you for the opportunity to submit this scope and fee. If you have any questions, please
contact me at (858) 300-2711.
Sincerely,
Alfred Pedroza, PE
Project Manager
Enclosures: Exhibit A - Fee Estimate
Design Project Budget
Roosevelt Street Storm Drain Improvements City of Carlsbad
Task Description
Personnel Hours Budget
Task Description Principal Engineer Senior Engineer Senior Designer Administrative Total Hours Labor Non-Labor Fee (2
Task 1 - Proiect Manaeement and Administration
Prepare Bnef Status Reports and Invoices 0 4 4 8 S 1,020 S 25 S 1.045
QA/QC Adnunutialion 1 4 5 $ 875 I 25 $ 900
Subtotal 8 0 4 13 % 1,895 S 50 S 1,945
Task 2 - Review Existins Info and Field Visit
Obtain and Review Info 0 t 1 I 3 S 385 $ 50 S 435
Field Visit 2 2 4 $ 590 S SO S 640
Subtotal 0 3 3 1 7 S 975 S 100 S 1,075
Task 3 - Preoare Plans. Soecifications and Engineer's Opinion of Constniction Cost
Prepare 100% PS&E Submittal 1 4 50 55 $ 7475 S 100 $ 7,475
Pre^ Final PS&E Submittal I 4 24 29 S 3,995 S 100 $ 4,095
Subtotal 2 8 74 0 84 S IU70 S 200 S 11,570
Task 4 - Construction Phase Support
Respond lo up to five (5) RFIs and up lo ten (5) Subnuttals/Resubnuttals 1 9 4 2 16 $ 2,400 s so $ 2,450
Prepare up to three (3) Clanfication Sketches 0 4 4 S 520 $ so $ 570
Prepare Record Drawings 2 8 10 $ 1,370 $ 100 $ 1,470
Subtotal I 11 16 2 30 S 4,290 S 2001S 4,490
Total 4 30 93 7 134 S 18,530 S 5501S 19,080
Amounts shown are fee
Principal Engineer S
Senior Engmeer $
Senior Designer $
Admaustrteve I
21500
165 00
13000
9000