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HomeMy WebLinkAboutMichael Baker International Inc; 2015-09-25;AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR CIVIL ENGINEERING SERVICES MICHAEL BAKER INTERNATIONAL, INC. Amen ment No. 1 is entered into and effective as of the J\3~ day of --6-~::::&.~.....A.I!~L------' 20J¥_, extending and amending the agreement dated , 2015 (the "Agreement"} by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, Inc., a corporation, ("Contractor") (collectively, the "Parties") for additional civil engineering services needed for the Lake Calavera Preserve Restroom Project. RECITALS A. The Parties desire to alter the Agreement's scope of work to update civil and electrical construction documents to reflect a new restroom location for the Lake Calavera Preserve Restroom Project; and B. The Parties desire to extend the Agreement for a period of three months; 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 thirty-seven thousand eight hundred dollars ($37,800.00). 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 seven thousand eight hundred and fifty dollars ($7,850.00). 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 December 25, 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 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 By: (sign here) Tim Thiele, Vice President (print name/title) By: (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: \LM~h"'- BARBARA ENGLESON tJ City Clerk 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 ~ City Attorney Approved Version 1/30/13 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE Michael Baker International, Inc. will update civil and electrical construction documents to reflect a new restroom location for the Lake Calavera Preserve Restroom Project. Task 1 -Grading Plans & Improvement Plan Contractor shall prepare updated grading and improvement plans for the proposed site improvements based upon the new restroom layout. The site improvements for the restroom will include a building pad, water, sewer and power service points, slopes and access paths to the facility. Task 2-Specifications and Opinion of Probable Costs Contractor shall update the technical provisions of the specifications based upon the new work required by the change of restroom location. Contractor shall prepare an updated opinion of probable costs for the restroom site improvements. Task 3-Electrical Engineering Contractor shall provide updated power and lighting plans for the restroom facility area based upon the new restroom layout. Task 4-Meetings and Coordination Contractor shall attend meetings with the City to review the progress of the work included in this Agreement and to provide coordination services. A maximum of eight (8) hours was budgeted for this task. Any additional efforts will be provided as additional services. ITEM DESCRIPTION PRICE NO. 1 Task 1 -Grading Plans & Improvement Plan $3,800.00 2 Task 2 -Specifications and Opinion of Probable Costs $1,500.00 1-··----f-------·------~----------- 3 Task 3-Electrical Engineering $1,350.00 4 Task 4 -Meetings and Coordination $1,200.00 TOTAL $7,850.00 Amendment amount shall not exceed seven thousand eight hundred and fifty dollars ($7,850.00). City Attorney Approved Version 1/30/13 3 AGREEMENT FOR CIVIL ENGINEERING SERVICES MICHAEL BAKER INTERNATIONAL, INC. ~ AG~MENT is made and entered into as of the '2":::> -;-b. day of :Je ffi~ , 20_r::, by and between the CITY OF CARLSBAD, a municipal corporak,{"City"), and MICHA~ BAKER INTERNATIONAL, INC., a corporation, ("Contractor"). RECITALS A City requires the professional services of an engineering firm that is experienced in civil engineering services. B. Contractor has the necessary experience in providing professional services and advice related to improvement plans for a prefabricated single stall restroom to be located at Lake Calavera Preserve. 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. 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 shall not exceed twenty nine thousand nine hundred fifty dollars ($29,950.00). 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 (1 0%) 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". 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 1 City Attorney Approved Version 4/1/15 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 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. 2 City Attorney Approved Version 4/1/15 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. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 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. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1 ,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 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. 1 0.1.4 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: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 3 City Attorney Approved Version 4/1/15 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 Name Kasia Trojanowska Title Park Planner Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2838 For Contractor Name Timothy M. Thiele Title Vice President Address 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 Phone No. 760-603-6243 Email tthiele@@mbakerintl.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 4 City Attorney Approved Version 4/1/15 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 (1 0) 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 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 5 City Attorney Approved Version 4/1/15 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. Ill Ill Ill 6 City Attorney Approved Version 4/1/15 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 By:-fh, ~ . /d(1// ~~ (sign here) ""LIM 71/Je.£ ' v', ~£: Pt2.li?tPEN/ (prinf name/title) By: Mwk.-~~ (sign here) Mov[L (' ~"> A?s+ $e~ Pint name/title) , :J CITY OF CARLSBAD, a municipal corporation of the State of California Parks & Recreation Director ATTEST: City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: 7 City Attorney Approved Version 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of "5t;N Dl ~ c:$..0 ) On St:eT. 5 , )vo 1 5 before me, ------=-~_:._N.b___:.(2EA __ S_~_j...JJ.)_B2----=S::....,-'--/\.l_o_~____:_:__y_+--fiuo-----''--t-c:._ Date Here Insert Name ani Title of the officer personally appeared __ -_....:...l-....:.\_ffi_~----''-'\.-\-~L E-=--L-=E: _________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~) whose name~) is/are subscribed to the within instrument and acknowledged to me that he/ihe/tlley executed the same in his/ber/tbeir authorized capacity(i,liS), and that by his/l)e'r/t:J:IEfir signature($') on the instrument the person(8), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Signature_""--=-~------?u--=---~------ Signature of Notary Public Place Notary Sea/ Above is section is optional, completing this information can deter altera · n of the document or fraudulent reattachment of this form to an unintended cument. Description of Atta d Document Title or Type of Documen . """"":::-------------- Number of Pages: Si s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ D Corporate Officer -Title(s): --------,.r D Partner-D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Con D Trustee D Other: ________ ---,.,c.__ ___ _ D Other: --------""-...,..---------- Signer Is Representing: ----r------ ©2014 National Notary A sociation o www.NationaiNotary.org o 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California d County of Riversi e on September 4, 2015 before me, Tina Anthony, Notary Public (insert name and title of the officer} personally appeared _M_a_r_k_C_a_p_p_o_s ____________________ _ who proved to me on the basis of satisfactory evidence to be the person( s} whose name( s} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s} on the instrument the person(s}, or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Description of Attached Document: Professional Services Agreement for the City of Calsbad Parks and Recreation (Seal) EXHIBIT "A" SCOPE OF SERVICES Michael Baker International, Inc. shall prepare the Construction Documents to be used for a public works bid and contract for the Lake Calavera Restroom Project. The city park planner will be the project manager and will prepare the Public Works Contract front end document (boiler plate) and incorporate the plans and specifications, herein called Construction Documents as prepared by Michael Baker (and their sub-consultants) in conformance with the City of Carlsbad requirements outlined below. Breakdown of work under this Scope of Services shall include the following: CONSTRUCTION DOCUMENTS Task 1 Topographic Survey Contractor shall perform a topographic survey for the restroom area. Topographic Survey shall identify all existing hardscape and surface features that will be affected by the design of the restroom, including surface utility features, fences, ground surface and walkways. Task 2 Conceptual Design Contractor shall prepare a conceptual plan of the proposed restroom site improvements. Said plan shall be approved by the City prior to preparing construction documents. Task 3 Grading Plans & Improvement Plan Contractor shall prepare grading and improvement plans for the proposed site improvements. The site improvements for the restroom will include a building pad, water, sewer and power service points, slopes and access paths to the facility. The grading plans shall be designed to meet ADA requirements. Demolition notes and delineation of the work limits will also be identified. Task 4 Restroom Structure Contractor shall consult with manufactures of pre-fabricated restroom to determine needs for site improvement and estimate cost for such a structure. This task includes preliminary design and bidding assistance for the structure. Task 5 Specifications Contractor shall edit the Master Specifications provided by the City and provide all technical provisions required for the work. Task 6 Opinion of Probable Costs Contractor shall prepare an opinion of probable costs for the restroom site improvements as shown on the approved plan set. 8 City Attorney Approved Version 4/1/15 Task 7 Electrical Engineering Contractor shall provide power and lighting plans for the restroom facility area. Scope of work shall include: 1. Provide 225 feet of underground 1 "C. --2 #8+Gnd from existing panel next to SDG&E transformer on Tamarack Avenue to new restroom location. 2. Coordinate with SDG&E as required 3. Specify light fixture and controls for restroom 4. Provide Project Specifications 5. Provide the following drawings: a. Site Plan, Symbols & Abbreviations b. Lighting Floor Plan & Light Fixture Schedule Task 8 Meetings and Coordination (Budget) Contractor shall attend meetings with the City to review the progress of the work included in this Agreement and to provide coordination services. A maximum of twenty-four (24) hours has been budgeted for this task. Any additional efforts will be provided as additional services as defined herein. ADDITIONAL SERVICES Services which are not specifically identified herein as services to be performed by Michael Baker or its consultants are considered "Additional Services" for purposes of this Agreement. City may request that Michael Baker perform services which are Additional Services, however, Michael Baker is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Service. EXCLUSIONS Services rendered outside this scope of services are excluded from this proposal and may be completed by Contractor for an additional fee if required. Additional services required of Contractor by City shall not be undertaken without prior written authorization from City. Scope of work exclusions, not limited to this list, are as follows: 1. Drainage Analysis 2. Landscape and irrigation plans 3. Construction administration 4. Construction staking 9 City Attorney Approved Version 4/1/15 5. Preparation of construction drawings for offsite (not adjacent to the project) facilities (water, sewer, storm drain, and roads) 6. Revisions to plans under design due to a change in information or design requirements provided to Contractor by others (City, City's other Consultants) 7. Acquisition of offsite easements 8. Hydrant flow tests 9. Preparation of traffic signal plans (not anticipated) 10. Structural consulting 11. Potholing 12. Retaining wall structural design 13. Hydraulic flow tests and calculations for offsite facilities 14. Analysis of water and sewer systems serving areas adjacent to the proposed project 15. Preparation of LOMR and/or CLOMR for FEMA 16. Encroachment Permit 17. Record Drawings CITY RESPONSIBILITIES In the preparation of this scope of services it has been assumed that the City shall supply the Contractor with the following: Agency processing and permit fees 10 City Attorney Approved Version 4/1/15 EXHIBIT "8" COMPENSATION City agrees to compensate Contractor for such services as indicated below: CONSTRUCTION DOCUMENTS Task 1 Topographic Survey ....................................................... . Task 2 Conceptual Design .......................................................... . Task 3 Grading & Improvement Plans ........................................ . Task 4 Restroom Structures ...................................................... . Task 5 Specifications ................................................................. . Task 6 Cost Estimate .................................................................. . Task 8 Electrical Engineering ..................................................... . Task 9 Meetings and Coordination (Budget) .............................. . Reimbursable .............................................................................. . $2,850.00 $2,600.00 $9,200.00 $3,700.00 $2,600.00 $1,500.00 $4,300.00 $3,000.00 $200.00 Total $29,950.00 Progress billings will be forwarded to the City on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Contractor. Reimbursable expenses will be billed at cost plus 10% to cover administration costs. City shall pay the Contractor for services indicated above within 30 days of receipt of invoice from Contractor. 11 City Attorney Approved Version 4/1/15 Kathy Hamilton From: Kathy Hamilton Sent: To: Wednesday, September 30, 2015 9:45 AM 'Sanders, Andi' Cc: Thiele, Tim; Shelley Collins; Donna Heraty (Donna.Heraty@ca'rlsbadca.gov) Subject: RE: REQUIRED CONFLICT OF INTEREST-It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Hello, Regarding your agreement with the City of Carlsbad, If your agreement states: 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 interest in all four categories. In further review of the agreement, it has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Please disregard the previous email. Should you have any questions, please do not hesitate to contact me. Kindest regards, Kathy Hamilton Office Assistant City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 www .ca rlsbadca .gov P: 760-434-2806 I kathy.hamilton@carlsbadca.gov From: Sanders, Andi [mailto:ASANDERS@mbakerintl.com] Sent: Wednesday, September 30, 2015 9:08AM To: Kathy Hamilton Cc: Thiele, Tim Subject: FW: REQUIRED CONFLICT OF INTEREST" Kathy, Tim Thiele is not "Assuming Office" with the City of Carlsbad. Tim is not sure why he is getting this request. 1 Please advise. Thank you, Andi cftn.di 8a.n.de~et> I Administrative Assistant II I Michael Baker International 5050 Avenida Encinas, Suite 260 I Carlsbad, CA 92008 I [0] 760-603-6240 asanders@mbakerintl.com I www.mbakerintl.com INTERNATIONAL a Beginning July 1, our 5,000+ employees and 90 offices worldwide will operate under the Michael Baker International name.A Same local focus and global reach, now with a unified identity and brand. From: Thiele, Tim Sent: Tuesday, September 29, 2015 1:08PM To: Sanders, Andi Subject: FW: REQUIRED CONFLICT OF INTEREST Here we go again. Tim From: Kathy Hamilton [mailto:Kathy.Hamilton@carlsbadca.gov] Sent: Tuesday, September 29, 2015 11:29 AM To: Thiele, Tim Cc: Kasia Trojanowska; Shelley Collins; Donna Heraty Subject: REQUIRED CONFLICT OF INTEREST To Whom It May Concern: You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is required to be filed with the City of Carlsbad City Clerk's Office. To file your Assuming Office statement, please follow the instructions below: • As reflected in the City Conflict of Interest Code-Resolution No. 2012-114 (below}, the employee(s) of your company that work directly with city staff are required to complete the Statement of Economic Interest Form (Form 700). Consultants are required to claim- Category (A) Investment and Real Property Disclosure Category (B) Personal Income Disclosure Category (C) Business Entity Income Disclosure Category (D) Business Position Disclosure • Your "Assuming Office" date for this filing is September 21, 2015. 2 • Even if there are no reportable interests, the cover page is still required to be completed with box "None" in Section 4 checked. • THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00PM, OCTOBER 21, 2015. Mailing Address: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. • Form 700 • Form 700 Reference Pamphlet Other documents you may use as reference: • FAQ: Form 700 Disclosure • Local Gift Fact Sheet • Resolution Nos. 2012-114 and 2013-237 In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following completion of the agreement. **Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day, not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013. If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772). Sincerely, Donna Heraty. Donna Heraty, CMC Deputy City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 www.carlsbadca.gov P: 760-434-2808 F: 760-720-6917 donna.heraty@carlsbadca.gov Please consider the environment before printing this e-mail 3