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HomeMy WebLinkAboutAECOM Technical Services Inc; 2014-10-27; TRAN1138TRAN1138 AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR ENVIRONMENTAL SERVICES FOR FAROL COURT DRAINAGE IMPROVEMENT PROJECT AECOM TECHNICAL SERVICES, INC. ~ndment No. 2 is entered into and effective as of the }1,4~y of eC' , 2016, extending the agreement dated Octo~014 (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") to provide professional services and advice related to performing technical surveys and reports required for resource agency permits, permit application preparation and permit attainment assistance .. RECITALS A. On October 22, 2015, the Parties executed Amendment No. 1 to the Agreement to amend and extend the agreement to October 27, 2016; and B. 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 October 26, 2017. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 I TRAN1138 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. CONTRACTOR AECOM TECHNICAL SERVICES, INC., :;•112/I;: I (sign here) R.A "( t+R f:N ke?) v I~ f f\,e.S I i) .f:'--N T (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California 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 City Attorney Approved Version 1/30/13 2 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, to execute various written agreements and instruments, including the contract for Professional Services for the Farol Court Drainage Improvement 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 J'h day of October, 2014. AECOM TECHNICAL SERVICES, INC. By-:z,~~ Sarah M. Sabunas, Assistant Secretary TRAN1138 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR ENVIRONMENTAL SERVICES FOR FAROL COURT DRAINAGE IMPROVEMENT PROJECT AECOM TECHNICAL SERVICES, INC. (··"'Tf~s ,.Apendment No. 1 is entered in.to and effecti~e as of the ,f/"'.fQday of c·· ·l:>~'flA-:J('' r , 2015, extend1ng and amend1ng the agreement dated October 27, 2014 (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 providing professional services and advice related to performing technical surveys and reports required for resource agency permits, permit application preparation and permit attainment assistance. RECITALS A. The Parties desire to alter the Agreement's scope of work to prepare a biotechnical report as required by the City of Carlsbad and permit negotiations; and B. The Parties desire to extend the Agreement for a period of one ( 1) year ending October 27, 2016; and C. 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 October 27, 2016. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 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. City Attorney Approved Version 1/30/13 THAN1138 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., a California corpor tion By: Ray Hrenko I Vice President (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ::tri~t!~~ Director 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: K_ /t:erJL/A:::-t~ .. J ·~sistant City Attorney bep~,t.ty City Attorney Approved Version 1/30/13 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, to execute various written agreements and instruments, including the contract for Professional Services for the Farol Court Drainage Improvement 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 ih day of October, 2014. AECOM TECHNICAL SERVICES, INC. By:~~~ Sarah M. Sabunas, Assistant Secretary TRAN1138 EXHIBIT "A" SUPPLEMENTAL SCOPE OF SERVICES AND FEE This supplemental scope of services and fee supplements the current scope and fee executed October 27, 2014. Task 2-Regulatory Permitting Additional permitting support in the amount of $5,000 is being included in this amendment to support permit negotiations (approximately 40 hours of support). Task 5 -Biological Technical Letter Report AECOM biologists will evaluate the existing conditions within the project area. The analysis will be limited to the erosion repair area and appropriate buffer (maximum of 500 feet). Prior to any fieldwork, AECOM will search relevant databases (e.g., California Natural Diversity Database, California Environmental Resource Evaluation System [or CERES]) to identify sensitive resources with the potential to occur in the area surrounding the project site. Following the research effort, a biological field survey will be conducted to map vegetation communities, evaluate existing habitats for their suitability to support sensitive species that have potential to occur in in the area, and record the locations of sensitive resources observed incidentally using Global Positioning System field recording equipment. Field surveys will be documented in a biological resources letter report that will include an impact assessment per City guidelines. Protocol vireo surveys and a wetland delineation have already been conducted. No additional species-specific surveys will be performed. Up to two rounds of revision to the biological letter report are anticipated. Cost Estimate The estimate to provide additional permitting support i($5,000 and to complete the biological letter report is $15,000, given the assumptions incorporated above. The previously executed original contract dated October 27, 2014, value was $29,952. With this amendment, the total contract value is $49,952. Work shall continue to be paid on a time and materials basis not to exceed $49,952. City Attorney Approved Version 1/30/13 TRAN 1138 AGREEMENT FOR ENVIRONMENTAL SERVICES FOR FAROL COURT DRAINAGE IMPROVEMENT AECOM TECHNICAL SERVICES, INC. ./ THIS- AGREEMENT is made and entered into as of the / '^-^^ day of / y{-T(f/l/yfy 2014, by and between the CITY OF CARLSBAD, a municipal :ofpora*''"" /f'r-;*„"\ corporation, ('"City"), and AECOM TECHNICAL SERVICES INC., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in providing environmental services. B. Contractor has the necessary experience in providing professional services and advice related to performing technical surveys and reports required for resource agency permits, permit application preparation and permit attainment assistance. 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) 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 ofthe extended Agreement. 4. TIME IS OF THE ESSENCE Time is ofthe essence for each and every provision ofthis Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty nine thousand nine hundred fifty two dollars ($29,952). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 1/30/13 TRAN 1138 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 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 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 ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes ofthis section, and thatthis section will survive the expiration or early termination ofthis 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-:VH". OR with a surplus City Attorney Approved Version 1/30/13 TRAN1138 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 "A:X". 10.1 Coveraqes 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 ofthe 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. 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 work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. 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 ofthe work. I I If box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor 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 ofthis Agreement. 10.3 Providinq 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 maintain City Attorney Approved Version 1/30/13 TRAN1138 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 cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All 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. 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 Michelle Fehrensen Title Associate Engineer Title AECOM Project Manager Department PW - Transportation Address 1420 Kettner Blvd Suite 500 City of Carisbad San Diego, CA 92101 Address 1635 Faraday Ave PhoneNo. 619-233-1454 Carisbad, CA 92008 Email Michelle.fehrensen(a)aecom.com PhoneNo. 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. City Attorney Approved Version 1/30/13 TRAN 1138 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully 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 ofthe requirements ofthe 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 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 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 ofthe percentage ofwork 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. City Attorney Approved Version 1/30/13 TRAN 1138 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 ofthis 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 ofthe 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 ofthe 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. 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 conflict, the terms ofthe 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 TRAN 1138 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions ofthis Agreement. CONTRACTOR AECOM TECHINICAL SERVICES, INC. a California corporation (sign here) Ray Hrenko / Vice President (print name/title) CITY OF CARLSBAD, a municipal corporation ofthe State of California By: t Manaqer or Mayor or Di City Manager or Mayor or Division Director as authorized by the City Manager Patrick Thomas 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: CELIA A. BREWER, City Attorney BY: Assistant City Attorney Approved Version 1/30/13 AECOM 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 resoiution dated June 6, 2014, has authorized Ray Hrenko, Vice President, to execute various written agreements and instruments, including the contract for Professional Services for the Farol Court Drainage Improvement 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 7"" day of October, 2014. AECOM TECHNICAL SERVICES, INC. Sarah M. Sabunas, Assistant Secretary Exhibit "A" ASPQAi AECOM 619.233.1454 tel 1420 Kettner Boulevard 619.233.0952 fax Suite 500 San Diego, CA 92101 www.aecom.com September 19, 2014 Ms. Sherri Howard City of Carisbad 1635 Faraday Avenue Carisbad, California 92008 Subject: Revised Scope of Work and Cost Proposal for Erosion Repairs within Agua Hedionda Creek (Coman Property) Dear Ms. Howard: AECOM Technical Services, Inc. (AECOM) is pleased to submit this scope ofwork and cost estimate for the City of Carisbad (City) erosion repairs along a section of bank within Agua Hedionda Creek. The proposed scope ofwork, including assumptions, and a fee estimate are described in detail below. 1. Task 1 - Formal Jurisdictional Delineation and Jurisdictional Delineation Memo Formal Jurisdictional Delineation Fieldwork - AECOM biologists will conduct a formal field delineation within the project footprint using the latest federal and state guidance, methodologies, and mapping standards to identify boundaries, types, and acreages of all potential jurisdictional waters (including wetlands) ofthe U.S. and/or state occurring within the project area. Features that present potential aquatic resources within U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and/or Regional Water Quality Control Board (RWQCB) jurisdictions will be identified and delineated using applicable federal and state guidance documents and regulations, including, but not limited to, the following: /. 33 CFR Section 328 (Definitions of Water of the United States) ii. Regulatory Guidance Letters (RGL) 88-06 and 05-05 iii. Ttie Corps ofEngineers Wetlands Delineation Manual (1987 Manual) iv. The 2008 Regional Supplement to the Corps ofEngineers Wetland Delineation Manual: And West Region (Arid West Regional Supplement) V. Relevant guidance and memorandums of agreement based on historic court decisions (e.g., Solid Waste Agency of Northern Cook County [SWANCC] V. USACE and Rapanos v. United States) vi. California Water Code (CWC) Section 13050(e) vii. California Fish and Game Code (CFGC) Section 1600 et seq. viii. Title 14 California Code of Regulations (CCR) Section 1.72 and Section 1.56 Ms. Sherri Howard City of Carisbad September 19, 2014 Page 2 A total of 12 hours of field/prep time (2 biologists) is assumed forthis effort. Jurisdictional Delineation Memo - An AECOM biologist will compile applicable field data to prepare a brief Jurisdictional Delineation (JD) Memo which will include a project description, a description ofthe results ofthe field delineation for potential waters ofthe U.S. and/or state, and estimation of impacts. The JD Memo will also include the following as attachments: /'. Figures indicating the type, location, extent, and potential jurisdictional status of delineated waters within the project area. ii. Representative photographs of potential jurisdictional waters identified during the field delineation. iii. Completed USACE Wetland Delineation Data Forms (Version 2.0) completed during the field delineation. iv. A Preliminary JD fonv identifying potential waters ofthe U.S. within the project area. This JD Memo will be suitable for submittal to USACE to request its review and concurrence ofthe determination and delineation results. The JD Memo will be provided to the City within 4 weeks of completion ofthe field delineation. 2. Task 2 - Regulatory Permitting A qualified AECOM biologist will prepare draft permit applications for all pertinent regulatory agencies which include the USACE, RWQCB, and CDFW, as applicable. Permit packages would include brief permit cover letters for each agency, and ensure the permits contain all information and figures needed for permit completeness. Below are the types of permits that would be drafted and the assumptions for each. Task 2.1: Clean Water Section 404 Permit Application Preparation If required and the project does not qualify fora non-notification Nationwide Permit, AECOM will prepare a draft CWA Section 404 permit package. Upon receipt of comments from the City on the draft submittal, AECOM will prepare the final CWA Section 404 permit package. The package components include the following: • Cover letter (to be printed on City of Carlsbad letterhead). • Completed USACE PCN form. • Completed JD Memo. • Seed mix strategy and/or revegetation strategy, as applicable (see Task 3 below). MCOM Ms. Sherri Howard City of Carisbad September 19, 2014 Page 3 Task 2.2: Clean Water Act Section 401 Water Qualitv Certification Application Preparation AECOM will prepare a draft CWA Section 401 permit package. Upon receipt of comments from the City on the draft submittal, AECOM will prepare the final CWA Section 401 permit package. The package components include the following: Cover letter (to be printed on the City's letterhead). Completed Section 401 Water Quality Certification Application Form. JD Memo. Proof of CEQA exemption and/or compliance with CEQA (see assumption below). Seed mix strategy and/or revegetation strategy, as applicable (see Task 3 below). Task 2.3: Streambed Alteration Agreement Notification Application Preparation AECOM will prepare a draft CDFW Section 1600 Notification Application package. Upon receipt of comments from the City on the draft submittal, AECOM will prepare the final CDFW Section 1600 Notification Application package. The package components include the following: Cover letter (to be printed on SDG&E letterhead). Notification of Lake or Streambed Alteration form. JD Memo. Proof of CEQA exemption and/or compliance with CEQA (see assumption below). Seed mix strategy and/or revegetation strategy, as applicable (see Task 3 below). 3. Task 3 - Limited Permit Attainment Assistance After submittal of the permit applications to the agencies, AECOM will coordinate with the agencies and assist (in a limited capacity) in the attainment of permits; up to 20 hours of biologist/project manager time is assumed for this coordination. 4. Task 4 - Seeding/Revegetation Strategy AECOM will develop a seed-mix and/or revegetation strategy to be included in the construction plans. Seed mixes will include only native species known to occur onsite or in similar habitats nearby. The seed mix and planting notes will be provided in MS Word to Chang Consultants for inclusion on their construction plans. No separate conceptual restoration plan is proposed. Assumptions The following assumptions were used in preparing this cost estimate. • No compensatory mitigation will be required. • The City will provide proof of CEQA exemption and/or CEQA compliance. AUCONi Ms. Sherri Howard City of Carisbad September 19, 2014 Page 4 • Permit fees will be paid by the City. • The City will provide proof of CEQA exemption and/or CEQA compliance. • Stormwater pollution prevention (SWPPP) and related control measures will not be needed. • As needed for the Water Quality Certification, the City will provide information required regarding information on previous activities at the site, expected site pollutants, specific BMPs, engineering drawings acceptable to RWQCB, etc. • The City will conduct Section 106 compliance, as needed, and provide any necessary documentation for the 404 permit application package. • No separate restoration plan will be required by the agencies. Cost Estimate The estimated cost to perform the scope ofwork described above is $29,952. A tabular summary by task is provided below, and a detailed breakdown by task in spreadsheet form is attached. Task Estimated Cost 1. Formal Jurisdictional Delineation and Jurisdictional Delineation Memo $8,103 2. Regulatory Permitting $11,469 3. Limited Permit Attainment Assistance $2,450 4. Seed/Revegetation Strategy $7,930 Total Estimated Cost $29,952 Ifyou have any questions regarding this scope ofwork and cost estimate, please do not hesitate to contact Michelle Fehrensen at Michelle.Fehrensen(a>aecom.com or (619) 233-1454. 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