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HomeMy WebLinkAboutBurns and McDonnell Engineering Company Inc; 2019-05-20; PSA19-785TRANPSA19-785TRAN City Attorney Approved Version 6/12/18 1 of 14 AGREEMENT FOR FIRE STATION 2 ENVIRONMENTAL CONSULTING SERVICES BURNS & MCDONNELL ENGINEERING COMPANY, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and BURNS & MCDONNELL ENGINEERING COMPANY, INC., a Missouri corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in environmental consulting. B. Contractor has the necessary experience in providing professional services and advice related to environmental consulting. 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" and “B”, 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 one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty three thousand, eight hundred and twenty-four dollars ($33,824). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed twenty-five thousand dollars ($25,000) per Agreement year. 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" and “B”. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A" and “B”. DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 20th May PSA19-785TRAN City Attorney Approved Version 6/12/18 2 of 14 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 of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 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 of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 PSA19-785TRAN City Attorney Approved Version 6/12/18 3 of 14 in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this 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 the required coverages. Contractor is responsible for any payments made by City to obtain or DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 PSA19-785TRAN City Attorney Approved Version 6/12/18 4 of 14 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 any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy 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 notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Steven Stewart Name Brianna Pilkinton Title Municipal Projects Manager Title Project Manager Department Public Works Address 4225 Executive Square, Suite 500 City of Carlsbad La Jolla, CA 92037 Address 1635 Faraday Av Phone No. (858) 320-2920 Carlsbad, CA 92008 Email bmpilkinton@burnsmcd.com Phone No. (760) 602-7543 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. DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 PSA19-785TRAN City Attorney Approved Version 6/12/18 5 of 14 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 PSA19-785TRAN City Attorney Approved Version 6/12/18 6 of 14 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in 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. JURISDICTION 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 nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 PSA19-785TRAN City Attorney Approved Version 6/12/18 7 of 14 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 of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California BURNS & MCDONNELL ENGINEERING COMPANY, INC., a Missouri corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works as authorized by the City Manager Renita M. Mollman, Vice President (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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 DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 PSA19-785TRAN City Attorney Approved Version 6/12/18 8 of 14 EXHIBIT “A” SCOPE OF SERVICES Contractor’s proposed budget for completion of scope of services described in Exhibit “B” is summarized in the table below. Invoices for this project will be calculated as the sum of labor and reimbursable expenses. Contractor’s cumulative invoices for this scope and cost will not exceed $33,824.00 without written approval from the City. Task 1.0 Revisions to CEQA Document for Compliance with New Regulations $12,764 Task 2.1 Public Review Draft Initial Study/Mitigated Negative Declaration (IS/MND) $4,290 Task 2.2 Responses to Comments $8,086 Task 2.3 Screen Check Final IS/MND $5,938 Task 2.4 Final IS/MND and Notice of Determination $2,746 TOTAL (not to exceed, including all reimbursable/incidental expenses) $33,824 DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 April 23, 2019 Steven Stewart Assistant Engineer City of Carlsbad Public Works- Transportation and Engineering 1635 Faraday Carlsbad, CA 92008 Re: Scope and Cost Estimate for additional CEQA Services in Support of the Reconstruction of Fire Station No 2 in the City of Carlsbad, CA. Dear Mr. Stewart: Burns & McDonnell (BMcD) hereby submits this scope and cost for additional environmental consulting services in support of the Fire Station No. 2 Reconstruction Project (Project) located near the intersection of El Camino Real and Arenal Road in the City of Carlsbad, San Diego County, California. BMcD has performed prior environmental consulting services, including a draft Initial Study/Mitigated Negative Declaration (IS/MND) as of March 20, 2019. The following scope addresses preparation of a revised Draft IS/MND pursuant to new CEQA regulations that go into effect April 28, 2019. This scope of services would be performed under a new Purchase Order. Specifically, this proposal addresses additional analysis that needs to be included in the existing IS/MND to reflect changes in the CEQA Guidelines that became effective December 28, 2018, and must be implemented by all lead agencies by the extension date (April 28, 2018). These CEQA guidelines changes will require revisions to existing analysis, as well as the creation of two entirely new impact analysis sections (Energy and Wildfire). This proposal has been developed after communication with City Public Works and Planning Departments. We have confirmed that our previously prepared traffic study will not need to be updated or revised at this time. No other technical studies are anticipated to be required (or updated) at this time. BMcD will use the newly developed City template (to be provided by the City) for CEQA documentation. Scope of Services Task 1: Revisions to CEQA Document for Compliance with New Regulation This task includes updates and additional analysis to the existing IS/MND, including an overhaul of the current document format to comply with new CEQA regulations and new City document template (to be provided). The following summarizes the substantive revisions that will be required. 4225 Executive Square \ Suite 500 \ La Jolla, CA 92037 O 858-320-2920 \ F 858-550-9951 \ burnsmcd.com CA Contractor License 755238 EXHIBIT "B"PSA19-785TRAN 9 of 14 DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 April 19, 2019 Page 2 •Creation of a new Energy Impacts analysis section in the IS/MND. In this section wewill analyze energy usage of the Project through the following two criteria: o Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources, during project or operation?o Would the project conflict with or obstruct a state or local plan for renewableenergy or energy efficiency? •Creation of a new Wildfire Impact analysis section in the IS/MND. In this section wewill address the potential for the Project to expose people or structures to wildfire relatedrisk, to impair emergency response or evacuation plans, or to install infrastructure thatcould exacerbate fire risk. We will analyze energy usage through the following criteria:o Would the project impair an adopted emergency response plan or emergency evacuation plan? o Would the project, due to slope, prevailing winds, and other factors, exacerbatewildfire risks, and thereby expose project occupants to, pollutant concentrationsfrom a wildfire or the uncontrolled spread of a wildfire?o Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary orongoing impacts to the environment?o Would the project expose people or structures to significant risks, includingdownslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? •Modification of existing impact analysis in the IS/MND to adhere to the updated CEQAAppendix G Initial Study Checklist. Minor adjustments were made to the checklistacross many sections, including removals and adjustments to specific impact questions. Most of these adjustments were made to consolidate and/or simplify the impact analysis,and the requisite substantive information has not substantially changed. These sectionswill need to be revisited and revised accordingly. Hydrology is the impact section thatwill require the greatest effort, as several of the questions were eliminated to reduceredundancy. The information contained in our analysis will need to be re-organized to fit the updated checklist criteria. Additionally, this scope of work will include up to two rounds of review and consolidated comments from the City Planning department staff and City Project Manager before releasing the document for Public Review. Deliverables: Revised IS (screencheck draft) (*.pdf electronic file, Microsoft Word file) Budget: $12,764 EXHIBIT "B"PSA19-785TRAN 10 of 14 DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 April 19, 2019 Page 3 Task 2.1: Public Review Draft Initial Study/Mitigated Negative Declaration After any required revisions have been incorporated into the screencheck draft document (Task 1), BMCD will prepare the Draft IS/MND for public review. It is assumed in this scope that the lead agency will distribute the Draft IS/MND to local agencies for public review. The lead agency will be responsible for providing notice of the availability of the IS/MND in local newspaper(s), and for filing the necessary notices (i.e., Notice of Intent) and filing fees with the applicable County Clerk. This scope and budget assumes one round of review by the lead agency. Based on BMcD’s experience with this level of CEQA document, it is anticipated that a 30-day public review period will be necessary for this project.1 This scope assumes that submittal to the State Clearinghouse will be required. BMcD will provide three hardcopies (including the MMRP and Appendices) for internal use at the lead agency. The lead agency willbe responsible for submitting the document electronically to the State Clearinghouse, and forsubmittal of an issues summary document2 for the State Clearinghouse pursuant to StateClearinghouse requirements. The lead agency will provide a copy of the notice of completion (NOC) to BMcD for inclusion in the submittal package to the State Clearinghouse. This scope and budget assumes one round of review by the lead agency. Deliverables: •Public Review Draft IS/MND o *.pdf file, Microsoft Word file o 3 hardcopies of Public Review Draft IS/MND for internal distributionBudget: $4,290 Task 2.2: Responses to Comments Upon close of the public review period and receipt of the written comments on the Public Review Draft of the IS/MND, the BMcD team will scan the written comments received on the Public Review Draft IS/MND into a pdf file to facilitate integration into the Screencheck Final IS/MND. Each comment letter will be numbered and scanned. BMcD will identify the appropriate respondent and disseminate the comments to the project team members for preparation of responses. BMcD will prepare responses for its areas of responsibility and will coordinate with other consultant team members and the lead agency to prepare responses for their respective areas of responsibility. The BMcD team will track completion of responses both internally with its staff and externally with the project team members. Given that it is not possible to predict the number and/or extent of public comments to be received on the IS/ND or MND, this scope/budget estimates up to 40 hours of professional staff time for preparation of responses to written comments. Recirculation of the environmental document or preparation of 1 In the event the project is determined to be of areawide, regional, or Statewide significance (per CEQA § 15206), the Draft IS/ MND must be submitted to the State Clearinghouse (Governor’s Office of Planning and Research) and the document must be available for a 30-day public review period. 2 Pursuant to instructions on the OPR website available here: http://opr.ca.gov/docs/Summary_Form_for_Document_Submittal.pdf EXHIBIT "B"PSA19-785TRAN 11 of 14 DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 April 19, 2019 Page 4 additional technical analysis is not anticipated and is not included in this fee estimate. These specifications and any necessary adjustments to the Response to Comments budget will be reviewed with Applicant prior to initiating this task. BMcD will formulate responses to the comments received on the Draft IS/MND within two weeks of receipt of a complete set of comments. Once draft responses to comments are completed, they will be submitted to the lead agency for review. This scope includes one round of review by the lead agency. As required, the Draft IS/MND will be revised to incorporate relevant comments/data received during the public review period. Revisions to the Draft IS/MND will be identified to facilitate subsequent review. If revisions are needed to the publicly- circulated document, BMcD will prepare findings/text to support whether changes do or do not warrant recirculation per CEQA Guideline 15073.5. All comments received on the Draft IS/MND during the public review period, as well as the responses to comments, will be included as an appendix to the Final IS/MND. Deliverables: Responses would be integrated into the Final IS/MND. A digital version of a response to comment matrix will be provided. Budget: $8,086 Task 2.3: Screencheck Final IS/MND Following review of the Draft Responses to Comments, BMcD will prepare a Screencheck Final IS/MND, which will incorporate changes to the IS/MND sections consistent with the responses to comments. The Screencheck Final IS/MND will include an Executive Summary of the Public Review Draft IS/MND, modifications to the Public Review Draft IS/MND in response to comments received, letters of comments and responses regarding the Public Review Draft IS/MND. To facilitate review of the Screencheck Final IS/MND, revisions made subsequent to the public review of the document will be depicted utilizing underline/strikeout (strikeout) text. The Screencheck Final IS/MND will be submitted to the lead agency for one round of review and comment. Deliverables: Screencheck Final IS/MND and appendices (*.pdf, Microsoft Word file) Budget: $5,938 Task 2.4: Final IS/ MND and Notice of Determination BMcD will prepare up to one (1) hard copies and digital copies on CD-ROM as requested (in .pdf and Microsoft Word) of the Final IS/MND including the responses to comments (if any), MMRP (if applicable), and supporting documentation (appendices will be provided on CD-ROM discs). This scope includes attendance at one meeting related to approval of the proposed project. Subsequent to adoption of the IS/MND the lead agency will be responsible for preparing and EXHIBIT "B"PSA19-785TRAN 12 of 14 DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 April 19, 2019 Page 5 submitting the Notice of Determination (NOD) to the County Clerk and State Clearinghouse.3 The scope assumes that public noticing of the environmental document in the newspaper(s), filing of the NOD with the County Clerk and State Clearinghouse, or payment of the required fees to the County and/or CDFW will be completed by the applicant. Deliverables: One (1) hardcopy and a digital PDF version of the final document and appendices. Budget: $2,746 The following budget table summarizes BMcD’s costs associated with each of the scope items described above. Costs include reimbursable expenses. These tasks will be invoiced on a time and material basis for a not-to exceed amount of $33,824. Task Budget Task 1: Revised CEQA Document $12,764 Task 2: Public Review Draft and Final IS/MND Task 2.1: Public Review Draft Production Task 2.2: Response to Comments Task 2.3: Screencheck Final IS/MND Task 2.4: Final IS/MND and Notice of Determination $21,060 $4,290 $8,086 $5,938 $2,746 TOTAL $33,824 *Reproduction costs are included in the total costs (these costs include mileage, printing,mailing, and overnight mail as needed). Sincerely, Brianna Pilkinton Project Manager Burns & McDonnell Environmental Services cc: Steve Morgan, BMcD 3 It should be noted that failure to file the NOD within five business days of project approval could substantially increase the period in which the project approval may be legally challenged. EXHIBIT "B"PSA19-785TRAN 13 of 14 DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 BURNS MSDONNELL CERTIFICATE OF ASSISTANT SECRETARY OF BURNS & MCDONNELL ENGINEERING COMPANY, INC. I, Keri L. Cowley, Assistant Secretary and keeper of the records and corporate seal of Bums & McDonnell Engineering Company, Inc. (the “Company”), a corporation organized and existing under the laws of the State of Missouri, certify as to the following: That Renita M. Mollman is Vice President of the Company, having first been elected as an Officer of the Company on January 23, 2011, and has been continually elected as an Officer of the Company each year following; and That pursuant to the authority granted by the Board of Directors, and as reflected in the records of the Company, Renita M. Mollman, Vice President, is authorized to sign proposals, contracts, and related documents in connection with providing construction, architectural, engineering, and related services by the Company. IN WITNESS WHEREOF, the undersigned has executed this certificate on behalf of Bums & McDonnell Engineering Company, Inc. on the 27th day of December 2018. BURNS & MCDONNELL ENGINEERING COMPANY, INC. \ \ \ I I I / 7 / --f; SEAL /If ''in iii'' EXHIBIT "B"PSA19-785TRAN 14 of 14 DocuSign Envelope ID: C0118173-EA75-40D6-A300-8AF1AC4CD1B3 ACORD® CERTIFICATE OF LIABILITY INSURANCE 12/1/2019 I DATE (MM/0D/YYYY) ~ 5/9/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 PHONE I rffc Nol: {All" .,_ E-'"'• Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS: INSURER{S) AFFORDING COVERAGE NAIC# INSURER A Libertv Mutual Fire Insurance Comnanv 23035 INSURED C INSURER s: Westchester Fire Insurance Comnanv 10030 1334934 BURNS & MCDONNELL ENGINEERJNG COMPANY, IN . INSURER c : Zurich American Insurance Comnanv 16535 ATTN: LYNDA LEVAN POBOX419173 INSURERD: KANSAS CITY MO 64141-6173 INSURERE: PILKINTON, BRIANNA INSURERF: COVERAGES * CERTIFICATE NUMBER· 16075605 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUBR 1,~g}5g~1 1 ,~3h~%'!!=l'!'~ LIMITS LTR TYPE OF INSURANCE "'"" ,.,_ POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y N TB2-641-432888-038 1211/2018 12/1/2019 EACH OCCURRENCE $ 1000000 ~ ~ CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED PREMISES 'Ea occurrence' $ I 000 000 ~ ~ MED EXP (Any one person) $ 10 000 I--PERSONAL & ADV INJURY s I 000 000 R''LAGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE s 2 000 000 □PRO-□ PRODUCTS -COMP/OP AGG s 2 000 000 POLICY JECT LOC OTHER: $ A AUTOMOBILE LIABILITY N N AS2-64 l-432888-048 12/1/2018 12/1/2019 COMBINED SINGLE LIMIT I 1.000 000 I--/Ea accident> 4--ANY AUTO BODILY INJURY (Per person) $ xxxxxxx OWNED -SCHEDULED BODILY INJURY (Per accident) $ xxxxxxx I--AUTOS ONLY -AUTOS HIRED NON-OWNED ife~~~~~gAMAGE $ xxxxxxx ~ AUTOS ONLY -AUTOS ONLY $ xxxxxxx B UMBRELLA LIAS M OCCUR N N G21986410014 12/1/2018 1211/2019 EACH OCCURRENCE s 1 000 000 ~ X EXCESS LIAB CLAIMS-MADE AGGREGATE s I 000 000 DED I I RETENTION$ s xxxxxxx WORKERS COMPENSATION N X ~iITuTE I I OTH- A AND EMPLOYERS' LIABILITY WC2-641-432888-018 12/112018 121112019 ER Y/N I 000.000 ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ I 000 000 If yes, describe under E.L. DISEASE-POLICY LIMIT $ 1 000.000 DESCRIPTION OF OPERATIONS below C PROFESSIONAL N N EOC9140546 12/1/2018 1211/2019 Sl,000,000 PER CLAIM; $1.000,000 LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: MAERKLE DAM & CALAVERA DAM ER ACTION PLAN SERVICES. CARLSBAD MUNICIPAL WATER DISTRICT IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, AS REQUIRED BY WRITTEN CONTRACT. THIRTY (30) DAYS NOTICE OF CANCELLATION BY THE INSURER \VILL BE PROVIDED TO THE CERTIFICATE HOLDER, 1EN (10) DAYS NOTICE IN THE EVENT OF NOI\H>AYMENT OF PREMIUM). CERTIFICATE HOLDER CANCELLATION 16075605 CARLSBAD MUNICIPAL WATER DISTRJCT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 5950 EL CAMINO REAL THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CARLSBAD CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAnvyq I ~ fr! 4-lt © 1988'-l! 015 ACORD CORPORATION. All ri g hts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD