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HomeMy WebLinkAboutAtkins North America Inc; 2015-12-01; TRAN1359TRAN1359 RATIFICATION OF AGREEMENT FOR THE EL CAMINO REAL WIDENING ENVIRONMENTAL MONITORING SERVICES ATKINS NORTH AMERICA, INC. -i~is Ratification of Agreement is entered into as of the ./:/ Zl! day of ( · ;;/ ' ' · ·· · \ , 20 /({l, but effective as · of the 1st day of December, 2015, by d between the CITY OF CARLSBAD, a municipal corporation, ("City"), c:md ATKINS NORTI4 AMERICA, INC., a Florida corporation, ("Contractor") (collectively, the /''Parties") for the El Camino Real Widening Environmental Monitoring Services. RECITALS A. City requires the professional services of an environmental consultant that is experienced in archaeological monitoring. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work; and B. The Parties desire to ratify any work already performed by the Contractor without the benefit of an agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. RATIFICATION The retroactive Agreement is ratified. 2. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 3. TERM This Agreement will be effective for a period of sixty (60) days from the date first above written. 4. COMPENSATION The total fee payable for the Services to be performed will not exceed five thousand seven hundred sixty dollars ($5,760). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 5. WAGE RATES The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. City Attorney Approved Version 4/1/15 TRAN1359 6. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 7. 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 attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 8. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1 ,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 9. 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 four categories. 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. City Attorney Approved Version 4/1/15 2 TRAN1359 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 15. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. Ill /II /II /II Ill /II Ill Ill /II /II Ill /II Ill /II Ill /II City Attorney Approved Version 4/1/15 3 TRAN1359 EXHIBIT "A" SCOPE OF SERVICES Atkins will provide a qualified archaeological monitor on a "time and materials" basis to be present on site during grading and excavation activities in native soils. The archaeological monitor(s) will be actively looking for potential cultural or archeological artifacts. Atkins has assumed an average of 6 hours per day of monitoring as this reflects our experience on this project to date. Our cost estimate is based on providing these services for up to five (5) weeks. In the event of an archaeological discovery, the Municipal Projects Manager (MPM) will be contacted immediately, and the MPM-in coordination with our archaeological monitor-will either redirect or temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation. Atkins archaeological monitor(s) will then conduct an evaluation of the discovery and its potential significance as a cultural/archeological artifact and immediately notify the MPM and Atkins project manager. Daily monitoring logs and/or forms will be completed for every day or partial day that we provide archeological monitoring services. Summaries of weekly finds, if any, will be provided to the City on a routine basis, and it is assumed that this will occur on Mondays for consistency with our previous work on this project. If formal evaluations of cultural artifacts are required, these efforts will be conducted under a separate scope of work and cost estimate. JOB QUOTATION ITEM HOURLY QTY DESCRIPTION PRICE NO. RATE 1 $135 8 Construction Monitoring-Senior Engineer Ill $1,080 2 $65 72 Construction Monitoring -Research Assistant $4,680 TOTAL* $5,760 *Includes taxes, fees, expenses and all other costs. City Attorney Approved Version 4/1/15 5 December 10, 2015 Mr. Brandon Miles Associate Engineer Public Works-Transportation City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Mr. Miles: Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, California 92130 Telephone: +1.858.874.1810 Fax: +1.858.259.0741 www.atkinsglobal.com/northamerica Exhibit "A" Atkins North America, Inc. (Atkins} has been conducting archaeological monitoring for the El Camino Real Widening Project (project} since June 2015, as the project proceeds additional monitoring days are necessary to support the project while the City of Carlsbad (City} finalizes a new contract with others to provide these services in 2016. At the request of the City, Atkins provides this scope of work and cost estimate for continuing archaeological monitoring services in support ofthe project. To provide continuity for this project, Atkins understands that an Atkins archaeological monitor may only need to be on-site through December 2015. We understand that this will be a time and materials based contract; therefore, to ensure ongoing continuity, our scope of work and cost estimate extends an additional two weeks into January 2016. 1. Background information and understanding Atkins' San Diego environmental staff is currently providing these services on the El Camino Real Widening project and has performed cultural resources monitoring on this site since June 2015. As a result, Atkins recognizes that there will be days where only a portion of the construction activities will require monitoring, and many days when work is completed in previously disturbed soils, which would require no monitoring. In response to these conditions Atkins will continue to coordinate with LA Engineering, the general contractor on site, to ensure that monitors are only on site when needed. 2. Scope of Atkins will continue working seamlessly with Saving Sacred Lands and the City. In this role, Atkins will provide a qualified archaeological monitor to be present on site during grading and excavation activities in native soils. The archaeological monitor(s} will be actively looking for potential cultural or archeological artifacts. Atkins has assumed an average of 6 hours per day of monitoring as this reflects our experience on this project to date. Our cost estimate is based on providing these services for up to five (5} weeks. In the event of an archaeological discovery, the Municipal Projects Manager (MPM} will be contacted immediately, and the MPM-in coordination with our archaeological monitor-will either redirect or Brandon Miles City of Carlsbad December 10, 2015 Page 2 of 3 temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation. Atkins archaeological monitor(s) will then conduct an evaluation of the discovery and its potential significance as a cultural/archeological artifact and immediately notify the MPM and Atkins project manager. Daily monitoring logs and/or forms will be completed for every day or partial day that we provide archeological monitoring services. Summaries of weekly finds, if any, will be provided to the City on a routine basis, and it is assumed that this will occur on Mondays for consistency with our previous work on this project. If formal evaluations of cultural artifacts are required, these efforts will be conducted under a separate scope of work and cost estimate. 5. Fee Our cost estimate is separated into services required through December 2015 and an additional10 days in January 2016. December 2015 services would be $5,760.00; January 2016 would be $4,575.00, if necessary. Atkins' current rate schedule is attached. We thank you for providing the opportunity to continue our work for the City. Should you have any questions regarding our capabilities or about this proposal, please contact me at 858.514.1083 or sandra.pentney@atkinsglobal.com. Sincerely, Sandra Pentney, MA, RPA Project Manager ATKINS SOUTHWEST INFRASTRUCTURE Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, California 92130 Telephone: +1.858.874.181 0 Fax: +1.858.259.0741 STANDARD RATE SCHEDULE, EFFECTIVE APRIL 1, 2015 www.atkinsglobal.com/northamerica ENGINEERING SERVICES OTHER PROFESSIONAL SERVICES Principal Engineer V ....................................... $265.00 Principal Professional ................................... $196.00 Principal Engineer IV ........................................ 240.00 SupeNising Professional. ............................... 170.00 Principal Engineer 111. ........................................ 220.00 GASp/Access Specialist ................................. 150.00 Principal Engineer!!. ......................................... 200.00 Sr. Professional Ill/ Sr. GIS Analyst Ill .......... 150.00 Principal Engineer 1. .......................................... 190.00 Senior Professional II/ Sr. GIS Analyst II ...... 135.00 SupeNising Engineer II .................................... 180.00 Senior Professional I/ Sr. GIS Analyst I ........ 122.00 SupeNising Engineer I ..................................... 165.00 Professional II/ GIS Analyst 11. ....................... 1 01.00 Senior Engineer 111 ...........................................• 160.00 Professional I/ GIS Analyst 1. ........................... 88.00 Senior Engineer!! ............................................. 145.00 Senior Engineer 1 .................................•............ 135.00 Engineer Ill ....................................................... 125.00 Engineer 11 ........................................................ 115.00 Engineer I ......................................................... 105.00 Engineering Aide ................................................ 70.00 DESIGN & GRAPHIC SERVICES Senior Designer IV ....................................... $165.00 Senior Designer 111. ......................................... 140.00 Senior Designer 11. .......................................... 135.00 Senior Designer 1. ........................................... 120.00 Designer II ...................................................... 11 0.00 CONSTRUCTION RELATED SERVICES Designer I ....................................................... 1 00.00 Senior Construction Manager ......................... $175.00 Graphics Designer 11 ....................................... 100.00 Senior Project Engineer (Const.) ...................... 155.00 Graphics Designer 1 ...........••.•••••....................... 95.00 Construction Manager ...................................... 140.00 CAD Technician 111. ........................................... 95.00 Prevailing Wage Field Rep.** ........................... 125.00 CAD Technician 11... .......................................... 85.00 Senior Field Representative* ............................ 115.00 CAD Technician 1... ........................................... 70.00 Construction Management Rep. II* .................. 100.00 Construction Management Rep. I* ..................... 90.00 Sr. Contract Administrator ................................ 100.00 Contract Administrator ........................................ 85.00 LANDSCAPE ARCHITECTURE Sr. Landscape Architect .............................. $180.00 Sr. Landscape Architect II ............................. 120.00 Landscape Architect!. ................................... 100.00 ENVIRONMENTAL SCIENCE SERVICES SupeNising Scientist ...................................... $225.00 Senior Scientist 111. ............................................ 190.00 Senior Scientist!!. ............................................. 165.00 Senior Scientist 1 ............................................... 140.00 Scientist Ill ........................................................ 135.00 Scientist II ......................................................... 110.00 Scientist I ............................................................ 90.00 Assistant Scientist. .............................................. 85.00 Research Assistant ............................................. 65.00 ADMINISTRATIVE SERVICES Senior Administrator 11 .................................. $135.00 Senior Administrator 1 ..................................... 115.00 Senior Administrative Assistant 111 .................... 95.00 Senior Administrative Assistant 11. .................... 85.00 Senior Administrative Assistant I ...................... 80.00 Administrative Assistant Ill ............................... 75.00 Administrative Assistant II ................................ 65.00 Administrative Assistant 1/ Clerk ...................... 60.00 * Non-Prevailing Wage ** Prevailing Wage Rate-Overtime will be charged at 1.25 times and Sundays and holidays will be charged at 1. 70 times the above rates. EXPENSES AND OUTSIDE SERVICES Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day. Computer Aided Drafting, hydrologic water, sewer and stormwater modeling, GIS, automated mapping, database and web programming, etc., is charged at $5 per labor hour. PAYMENT TERMS A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business.