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HomeMy WebLinkAboutMARK THOMAS AND COMPANY INC; 2012-11-28; CA897PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.8 PROJECT NO. 6058 CA897 ,<'1 This/~'~ei9hJh /~~oject Task D~scrip~n and Fee Allotment, is entered into on (~'~7£ Ller /?,;!!-. .f:tP/.5 , pursuant to an Agreement between MARK THOAS '& COMPANY, ttfc., a California corporation ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide civil and traffic engineering services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 18, 2014, ("proposal"), attached as Appendix "A" for the Carlsbad Blvd At Tamarack Ave Pedestrian Improvements, (the "Project"). The Project services shall include intersection design options, cost estimates, beach ADA path, and intersection rendering. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by November 28, 2015. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials as specified in Table 1. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $21,250. City Attorney Approved Version 1/30/13 CA897 TABLE 1 FEE ALLOTMENT NO. 8 CARLSBAD BLVD AT TAMARACK AVE PEDESTRIAN IMPROVEMENTS TASK GROUP LUMP SUM FEE Meetings $1,250 Additional Design Options $5,000 Cost Estimates $2,500 Beach ADA Path $5,000 Intersection Rendering $7,500 TOTAL (Not-to-Exceed) $21,250 Executed by Contractor this ____ day of _____________ , 20 __ . CONTRACTOR Robert A. Himes I President (print name/title) MARK THOMAS & COMPANY, INC., a California corporation (name of Contractor) By: r2 era~ 6~ (sign here) Robert M. Brogan I Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: _f_{')-i/'---~--+-'!__,~c,_·,.-_-__ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: --<-~---=:-=·~~"-z_j!_;~_/L_~u_._,c:/i_u __ _ Asststmt City Attorney k;uf1 2 City Attorney Approved Version 1/30/13 September 30, 2015 Ms. Lolly Sangster Transportation Department City of Carlsbad File: IR-12129 RE: SCOPE OF WORK FOR ADDITIONAL SUPPORT FOR THE TAMARACK A VB/CARLSBAD BLVD INTERSECTION IMPROVEMENTS Dear Lolly: Per your request we are pleased to present this scope and fee for the additional engineering support required for the Tamarack/Carlsbad Intersection Improvements Study being conducted by Mark Thomas & Company. This work will be performed in conformance with our current on-call contract with the City of Carlsbad. The scope included in this task order is in addition to the current task order (No. 7) for the Tamarack/Carlsbad Intersection and Pedestrian Improvements. This scope includes augmentation of budget for existing scope tasks described in Task Order No. 7 as well as additional Tasks requested by the City. Task 1.1[) Meetings MTCo shall include five (5) in person Carlsbad Coastal Commission Team meetings to support the Implementation Design team. Task 2.1[) Plan Views on Surveyed Base Map for two (2) Options. MTCo will superimpose an aerial photo from Google Maps onto the topographic surveys. The aerial will be ·"stretched" to align with the surveys. The approximate location of the State right of way will be superimposed on the aerial. The City will provide available as-builts·and right of way maps. Once the aerial has been prepared, we will develop three design ccincepts that will include: ,;-. . 1. Signal with 2 SB lanes · 2. One-lane ultimate roundabout w/ NB to EB bypass turn lane (50' Inscribed Circle) ·These concepts will be developed using AutoCAD on a 11" x 1 7" Exhibits: Critical dimensions will be shown on the exhibit. Task 3.0 Cost Estimates MTCo shall prepare programmmg type Conceptual Cost Estimate for all five (5) options being considered. 1 The deliverables shall include draft and final Cost Estimate of each option. Task Order No. 8 9130/15 Task 4.0 Feasibility for ADA Path (Stamps) from Tamarack/Carlsbad Intersection to Tamarack State Beach, and Best Practices Memo MTCo will perform a feasibility concept design of an ADA compliant path to connect the proposed improvements at the Tamarack/Carlsbad intersection down to Tamarack State Beach using aesthetics treatments such as "Stramps" as well as other practices. As memo shall be prepared to include best practices for similar areas within the City that could be candidates for similar treatments. This Task shall include one (1) field meeting with the City and (2) in person meetings with the CCCT. Task 5.0 Preferred Design Option Rendering MTCo shall prepare a 3D visual of the preferred design option to show the same angles as the previous Carlsbad Blvd Corridor visual work. The rendering shall include detail to demonstrate how the "gateway" might look like in addition to the complete streets vision. Deliverable includes one 3D rendering of the intersection and a before and after rendering of the corridor using the previously prepared renderings. Task Order No 8 Fee Estimate· Task Hours Subtotals 1. Meetings $ 10 $ 1,250 2. Additional Design Options $ 40 $ 5,000 3. Cost Estimates $ 20 $ 2,500 4. Beach ADA Path $ 40 $ 5,000 5. Intersection Rendering $ 60 $ 7,500 TOTAL Is 21,2so I Note: Average Rate for statEs $125/hr Please let me know if you have any questions or concerns with the additionaltasks presented herein. · Sincerely, Arturo Vivar, PE Project Manager 16795 Von Karman Avenue, Suite 200 Irvine, CA 92606 www.markthomas.com Tel: (949) 4 77-9000 Fax: (949) 4 77-4102 2 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 6058 CA897 evepth Project Task Description and Fee Allotment, is entered into on =c---~6:-"'r::e/~ "'~--L-~r......,~~.........,-~~~~~~--~· pursuant to an Agreement between Mark s ompany, Inc., a California corporation ("Contractor") and the City of Carlsbad, ("City") ed November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide civil and traffic engineering services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 18, 2014, ("proposal"), attached as Appendix "A" for the Carlsbad Blvd At Tamarack Ave Pedestrian Improvements, (the "Project"). The Project services shall include survey, plan views, and best practices on guardrails and bridge barriers for Carlsbad Blvd at Tamarack Ave Ped Improvements. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by November 28, 2015. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials as specified in Table 1. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $20,000. City Attorney Approved Version 1/30/13 CA897 TABLE 1 FEE ALLOTMENT NO. 7 Carlsbad Blvd At Tamarack Ave Pedestrian Improvements TASK GROUP .... ' LUMP .SUM f.&E 1.0 Plan Views on Aerials for 3 Options $3,000 2.0 Survey Intersections $5,000 3.0 Plan Views on Surveyed Base map for 3 Options $5,000 4.0 Best Practices $7,000 TOTAL (Not-to-Exceed) $20,000 Executed by Contractor this / q day of _.....;J'U::--~Uu:..z..;N:J,.-'C:a ... ~:....._ _______ , 2015. CONTRACTOR tvlffv1-IL DfMt m i ~. t~Jc. . (name of Contractor) By:QfYY).~ (sign here) Robert A. Himes I President Robert M. Brogan/ Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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 2 City Attorney Approved Version 1/30/13 Appendix "A" Carlsbad Blvd/Tamarack Avenue Feasibility Scope of Work-June 11, 2015 Task 1.0 -Plan Views on Aerials for 3 Options ($3,000} MTCo will developed scaled aerial photos from Google Maps. The approximate location of the State right of way will be superimposed on the aerial. The City will provide available as-builts and right of way maps. Once the aerial has been prepared, we will develop three design concepts that will include: 1) Southbound trap lane at the signal 2) Mini roundabout in current ROW 3) One-Lane ultimate roundabout These concepts will be developed using AutoCAD. The current turning movements and forecasted traffic volumes will be used to size the ultimate roundabout. Rough dimensions will be shown on the exhibit. Task 2.0-Survey Intersection ($5,000} Mark Thomas & Company (MTCo) will prepare a "survey request map" to provide to our survey crew instructing them where to collect topographic surveys. Our surveyors will collect one day of topographic surveys to capture critical points such as existing face of curb at end returns and angle points, back of sidewalk and fence locations, concrete median and barrier locations on the bridge. Critical grades will be gathered along the driveway to the State parking lot and Tamarack Avenue near the intersection to check ADA and conform grades. The raw survey data will be placed in AutoCAD for the MTCo roadway designer. The survey will be used to develop alternatives and will not be for design (not tied to monumentation or benchmarks). Task 3.0 -Plan Views on Surveyed Base Map for 3 Options ($5,000) MTCo will superimpose an aerial photo from Google Maps onto the topographic surveys. The aerial will be "stretched" to align with the surveys. The approximate location of the State right of way will be superimposed on the aerial. The City will provide available as-builts and right of way maps. Once the aerial has been prepared, we will develop three design concepts that will include: 4) Southbound trap lane at the signal 5) Mini roundabout in current ROW 6) One-lane ultimate roundabout These concepts will be developed using AutoCAD. Critical dimensions will be shown on the exhibit. 1 Appendix "A" Task 4.0-Best Practices ($7,000) • Guardrails, • Roundabouts, • Concrete Bridge Barriers, • Mid-Block Crosswalk, • Bus Stop relocation NCTD, • Road Diet 1. The above tasks include unlimited phone meetings and conversations and one field meeting. 2. The fees shown are lump sum. Schedule: Task 1.0 will be completed within 2 weeks after receiving Notice to Proceed (NTP) Task 2.0 will be completed 3 weeks after Task 1.0 is complete Task 3.0 will be completed within 4 weeks NTP. 2 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 RAILROAD GRADE SEPARATION PROJECT STUDY REPORT REVIEW CA897 This sixth Project Task Description and Fee Allotment, is entered into on Jat\U V' ~ ~o S , pursuant to an Agreement between Mark Thomas & Com pan , Inc. a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Civil and Traffic Engineering Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 18, 2014, ("proposal"), attached as Appendix "A" for the Railroad Grade Separation Project Study Report (PSR) Review, (the "Project"). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred fifty (250) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the Citv through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $36,580. City Attorney Approved Version 1/30/13 CA897 TABLE 1 FEE ALLOTMENT RAILROAD GRADE SEPARATION PROJECT STUDY REPORT REVIEW Executed by Contractor this ____ day of------------' 2015. CONTRACTOR MARK THOMAS & COMPANY, INC. a California corporation By: Robert A. Himes I President (print name/title) MARK THOMAS & COMPANY, INC. a California corporation By: (name of Contractor) cLJ~ (sign here) Ricahrd K. Tanaka, CFO (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: t(\ .A ).._ > Date: l { ~ I J ~of)~er Of'-9irector --"""""""'""• ........._ _____ _ Kathryn B. Dodson APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 December 18, 2014 Mr. Brandon Miles Senior Civil Engineer Transportation Department City of Carlsbad File: SA-12129 RE: SCOPE OF WORK FOR RAILROAD GRADE SEPARATION PSR REVIEW. Dear Mr. Miles: Per your request we are pleased to present this scope and fee (attached) for the technical review of the Project Study Report dedicated to the railroad separation within the City of Carlsbad, which is being prepared by others. TASK DESCRIPTION The purpose of this PSR is to assess the feasibility, scope, impacts, constructability and costs of grade separating the railroad tracks through the north side of Carlsbad from approximately Buena Vista Lagoon to Agua Hedionda Lagoon. This scope includes the technical review of the PSR by Mark Thomas & Co. (MTCo) staff as extension of the City engineering staff. Key design features to be reviewed by MTCo at each of the PSR submittal milestones include rail operations, track design, constructability/staging, structures, estimated quantities and cost and other City preferred design elements to be incorporated. Review comments shall be documented using the City's review comment log and submitted to the City and/or SANDAG. The City may consider the post PSR project phase as part of this task order, which would include project funding application assistance and review of future design project phases. This would be an optional task as described in the detailed scope below. The anticipated tasks and deliverables for this project are outlined below. TASK 1: Technical PSR Review and Coordination MTCo technical staff will work with City staff on the technical review of the PSR and also attend any necessary meetings to review comments or third party lead meetings related to the review of the PSR. Deliverables: • Preliminary Design -Build Alternatives (2) review comments. • Draft PSR review comments • Final PSR review comments • Coordination meetings (3) 16795 Von Karman Avenue, Suite 200 Irvine, CA 92606 www.markthomas.com Tel: (949) 477-9000 Fax: (949) 477-4102 OPTIONAL TASK 2: FUTURE PHASE SUPPORT MTCo will conduct technical reviews and provide technical assistance to the City for any future phases of the project including but not limited to technical review of future design phases and also project funding application support This task will be on a Time and Materials basis not to exceed $20,000. Deliverables to be determined. If you have any question please contact me at 916-207-3813. 1 ATTACHMENT A FEE ESTIMATE PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 VILLAGE AND BARRIO TRAFFIC CIRCLES CA897 This and Fee Allotment, is entered into on ? . , pursuant to an Agreement between Mark Thomas & Co pany, n . a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Civil and Traffic Engineering Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 17, 2014, ("proposal"), attached as Appendix "A" for the Village and Barrio Traffic Circles, (the "Project"). The Project services shall include preparation of the Village and Barrio Traffic Circles construction documents. 2. PROGRESS AND COMPLETION Contractor's receipeoft\his Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty (260) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $10,000. City Attorney Approved Version 1/30/13 CA897 TABLE 1 FEE ALLOTMENT VILLAGE AND BARRIO TRAFFIC CIRCLES TASK GROUP LUMP SUM FEE Prepare Plans, Specifications and Estimates $9,000 Construction Support $1,000 TOTAL (Not-to-Exceed) $10,000 Executed by Contractor this ___ day of ____________ , 2014. CONTRACTOR MARK THOMAS & COMPANY, INC. a California corporation By: sign ere) , ~t'?zt.f ~ \t \\W~~QeH·r (print namettlle} MARK THOMAS & COMPANY, INC. a California corporation If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF~R~SBAD, azunicipal corporation of the State of Californi~ By: L-· : 1 • .. -Date: -·='i___,_(Q«-,_-_/_l{ ___ _ C" Man9ger'6yD~r ./ ""' APPROVED AS TO FORM: City Attorney Approved Version 1/30/13 2 Aprill7, 2014 Mr. Marshall Plantz Senior Civil Engineer Transportation Department City of Carlsbad File: SA-12129 Appendix "A" RE: SCOPE OF WORK FOR UPGRADED TRAFFIC CIRCLES PS&E. Dear Mr. Plantz: Per your request we are pleased to present this scope and fee for the preparation of plans, specifications, and estimates for the improvements at 3 intersections within the City of Carlsbad. This work will be performed in conformance with our current on-call contract with the City of Carlsbad. The scope included in this task order is in addition to the current task order for the Traffic Circles Design. After the initial traffic circles were completed, it was determined that the scope of the cost efficient traffic circle designs did not meet all ADA requirements and also would not perform optimaly as the crosswalks in the existing condition were spaced to close to one another, as a result upgraded traffic circle concepts were designed along with a few location which would benefit more from a traditional roundabout design, and a preliminary estimates was prepared for all locations in order to gauge an understanding of the additional construction costs associated with the upgraded traffic circle designs. This scope includes the development of construction drawings, specification and engineer's cost of estimates for the upgraded traffic circles at the following intersection locations chosen by the City: I. Walnut Avenue/Madison Street 2. Walnut A venue/Roosevelt Street 3. Madison Street/Magnolia Avenue Task 1 Prepare Plans, Specifications, and Estimates. Task 1.1 Plans MTCo will refine the concept drawings and submit to the City for concurrence on the final layout and design. MTCo will prepare and submit 95% level plans for City review. MTCo will address the 95% review comments and will prepare 100% (Bid set) plans and submit to the City. 16795 Von Korman Avenue, Suite 200 Irvine, CA 92606 www.morkthomas.com Tel: (949) 477-9000 Fax; (949) 477-4102 The landscape will be provided to MTCo in order to prepare the landscape and inigation plan. The project plans will include: 1. Title 2. General Notes and Key Map 3. Layout 4. Construction Details 5. Utilities and Drainage 6. Signing and Striping 7. Landscape and Irrigation Task 1.2 Specifications MTCo will prepare technical special provisiOns and bid item list conforming to the City specifications and sample specifications provided. Draft Specification will be prepared at the 95% submittal and final at the 100% submittal. It is assumed that the City will add the General and Boilerplate Specifications prior to bidding. Task 1.3 Estimates MTCo will update the preliminary cost estimates and prepare Engineer's estimate of Costs for the City's use prior to bidding. Draft Engineer's Estimate will be prepared at 95% and final estimate swill be prepared and submitted at the 100% submittal. Deliverables: • 95%PS&E • 95% review comments response log • 100%PS&E Task 2 Construction Support MTCo will provide bidding and construction support to help the City answer questions about the plans, specifications, and quantities. We have allowed an allowance for this task, if the allowance is reached, we will notify the City. The fee to perform the work will be on a time and materials basis, not to exceed $10,000. If you have any questions, please contact me. 2 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.4 VILLAGE AND BARRIO TRAFFIC CIRCLES CA897 and Fee Allotment, is entered into on ::::::---'~~~~1-'~:t:;:::._.b,,o;:-~~:.L:L_---:-:-'' pursuant to an Agreement between Mark Thomas Company, Inc. a California corporation, ("Contractor'') and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Civil and Traffic Engineering Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 23, 2013, ("proposal"), attached as Appendix "A" for the Village and Barrio Traffic Circles, (the "Project"). The Project services shall include preparation of the Village and Barrio Traffic Circles construction documents. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty (260) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $35,070. City Attorney Approved Version 1/30/13 1 TABLE 1 FEE ALLOTMENT VILLAGE AND BARRIO TRAFFIC CIRCLES TASK GROUP LUMP SUM FEE Field Investigation $3,336 Coordination $3,152 Prepare Project Plans $20,260 Preg_ared Sj>_ecial Provisions $5,770 Construction Support $2,552 TOTAL (Not-to-Exceed) $35,070 Executed by Contractor this ;J d.~ day of --'-~...;..:;..:'t'\"'16.§""-'-t _______ , 2013. CONTRACTOR MARK THOMAS & COMPANY, INC. a California corporation (name of Contractor) By:f!\\.£ ~ MARK THOMAS & COMPANY, INC. a California corporation (name of Contractor) By "fib=-~-( her o:.IMM\A ,tJ_ S•YI'I'j I 5tc.~~T ()'lrint name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 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. unicipal corporation of the State of California Byk: ~tvr;~~~~~·_.,:.,___ Date: _rw/-=.s-'-/L.:.t.=3 ___ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 OFFICES Cupertino Fresno Irvine Oakland Sacramento Sol mas Son Mateo MARK THOMAS & COMPANY Providing Engineering, Surveying & Plonnmg Servrces July 23, 2013 Mr. Marshall Plantz Senior Civil Engineer Transportation Department City of Carlsbad Appendix "A" RE: SCOPE OF WORK FOR TRAFFIC CIRCLE DESIGN AT VARIOUS INTERSECTIONS Dear Mr. Plantz: Per your request, we are pleased to present this scope and fee for developing construction documents for Nine (9) intersections within the City of Carlsbad. This work will be performed in conformance with our current on-call contract with the City of Carlsbad. Son Jose The work will build off of the preliminary construction drawings MTCO provided to the City that were included Wolnot Creek within the grant application. This scope is to further develop the drawings for construction, including plans, specifications, and schedule of quantities. More specifically, the tasks performed will be as follows: Task 1.0 Prepare Construction Documents: MTCo will prepare construction documents for the traffic circle at each of the nine (9) intersections. Each of the nine intersections will be shown on their own sheets so the final plan package can be easily split into one or include all nine intersections in the construction package. The tasks for the developing these concepts to construction ready are described below: o Harding/Oak o Madison/Walnut o Roosevelt/Oak o Harding/Pine o Madison /Chestnut o Roosevelt/Walnut o Harding/Chestnut o Madison/Magnolia o Roosevelt/Chestnut Task 1.1 Field Investigation -MTCo will perform a field visit of the project sites. The purpose of the site visit is to check key measurements that were missing from the as-builts, confirm that the as-built improvements are consistent with the field conditions, and check for possible surface utility conflicts (i.e. manhole lids. valve covers, etc.). Optional Task I. Ia Tooograohjca/ Surveys-If major discrepancies are observed in the field from the documented as-built condition MTCo will contract with a local land surveyor to collect topographical survey data of curb, gutter, sidewalk, pavement, above ground utilities. This information will be used to adjust the base mapping created in the preliminary design phase. The cost for this task will be determined based on the number of locations that need to be updated. Optional Task I. I b Uti lilY Potholing-Based on the field review, if below ground utility conflicts are anticipated MTCo will contract with a local potholing company to provide underground utility locations. The cost for this task will be determined on a per pothole basis after field investigations are performed. 7300 Folsom Boulevard. Suite 203, Sacramento, CA 95826 www.morkthomoscom [916)381·9100 fox: [916)381·9180 Mr. Marshall Plantz Pagel July 23. 20/3 Task 1.2 Coordination with City Staff -MTCo will coordinate with the City during the development of the construction documents ensure the proposed improvements meet the needs of the City (i.e. truck turning, landscape treatments, etc.). MTCo will meet with the City after the site visit to discuss fmdings and inform the City of any possible concerns. Task 1.3 Comolete Project Plans -MTCo will update the preliminary plans based on the site visit and the city meeting. The plans will be brought to a 95% level and sent to the City for review and comments. The review comments will be incorporated and 100% (Bid Set) plans will be provided to the City. It is assumed a pdf document will be provided to the City for the City to provide all reproductions. The project plan set will include: • Title Sheet (Showing the 9 locations, assuming that they will all be buih under one contract) • General Notes Page • Layout and Utilities Plan Sheets (I for each traffic circle, location call outs will be based on existing curb location, modifications to existing curb ramps will not be made, no profile or vertical elevations will be shown for the proposed design or existing features such as utilities) • Signing and Striping (I for each traffic circle) • General Details (highlight curb, apron and retaining wall details that are common to all traffic circles) Ootional Task 2.3a Lanlfscape and l"igatjon Plans-Based on previous conversations with the City, the traffic circles will be constructed to accommodate future planting. MTCo will provide conduit for future irrigation lines under the retaining curb and apron. As an optional task. MTCo can hire a landscape architect to provide contract drawings for landscape and irrigation plans. Task 1.4 Prepare Soecial Provisions -Using a sample set of Special Provisions and Schedule of Quantities provided by the City, MTCo will prepare a similar set of Special Provisions for construction. MTCo will prepare one set of Special Provisions to be used for all ofthe nine (9) locations. It is assumed the City will provide a Word Document File for MTCo's use. It is also assumed the City will add the General Provisions and all boiler plate specifications to the Special Provisions prior to providing them to the Contractor. Task 1.5 Construction Support -MTCo will provide bidding and construction support to help the City answer questions about the plans, specifications, and quantities. We have included an allowance for this task. Once the allowance is spent, additional time spent on Construction Support will be time and materials. SCHEDULE After the notice to proceed, MTCo will schedule the field visit and coordination meeting with the City. The construction documents will be ready to bid four months from the field visit assuming six weeks of total review time for the City. The fee to perform the work will be on a time and materials basis, not to exceed $35,070. Thank you for the opportunity to work again with the City of Carlsbad. If you have any questions, please contact me. Sincerely, Robert A. Himes Principal/ Vice President Enclosures: Fee for Carlsbad Traffic Circles PS&E Fee for carlsbad Traffic Circles PS&E Mark Thomas Company, Inc. (July 23, 2013) c ~ ~ i! c ~ ~ .z:; .. u :f 1iO a: ~ c c c ... 1iO .. .. i c a. ::E c ";: ... .. l 0" c .. ·o ~ -!' c c ... 1iO ";: ..: c!l c ... ... "' ... $290 $150 $122 $100 $70 Total Task 1.0 Prepare Construction Documents Task 1.1 Field Investigation 4 8 8 $3,336 Task 1.2 Coordination with City Staff 8 16 $3,152 Task 1.3 Complete Project Plans 2 8 40 80 80 $20,260 Task 1.4 Prepare Special Provisions 1 4 40 $5,770 Task 1.5 Construction Support 4 16 $2,552 Total $35,070 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.3 CHESTNUT PEDESTRIAN CROSSING PRACTICABILITY STUDY CA897 This third Project Task Description and Fee Allotment, is entered into on ::June:... 021 ~ I 3 , pursuant to an Agreement between Mark Thomas & Company, Inc! a California corporation, ("Contractor'') and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Civil and Traffic Engineering Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated May 14, 2013, ("proposal"), attached as Appendix "A" for the Chestnut Pedestrian Crossing Practicability Study, (the "Project"). The Project services shall include mapping, preliminary engineering, and drawings for a practicability study to present to the California Public Utility Commission. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred eight (180) working days thereafter. Working days are defined in section 6-7.2 ''Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the Citv through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $58,640. City Attorney Approved Version 1/30/13 1 TABLE 1 FEE ALLOTMENT CIVIL AND TRAFFIC ENGINEERING SERVICES TASKGRQUP .· LUMP SUM FEE Task 1 -Base Mapping and Concept Sketches $22,616 Task 2-Preliminary Enaineerina Drawinas and Memo $26,024 Optional -Pothole Utilites $10,000 TOTAL (Not-to-Exceed) $58,640 Executed by Contractor this ___ day of ____________ , 2013. CONTRACTOR MARK THOMAS & COMPANY, INC. a California corporation (name of Contractor) By: f\'\ ~) lA-. \'1\,c~o~As.\.. ..l. l..oHMiuv & :P~t£'!.• i::>tr-lr (print name/t le) MARK THOMAS & COMPANY, INC. a California corporation (name of Contractor) By:~~ (si{nhere) '\?".oW>....cA ¥..:1~"-" [ e..Fo · (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 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: t:IJU_ ~ Assistant CitYAttOY City Attorney Approved Version 1/30/13 2 OFFICES Cupertino Fresno Irvine Pleasanton Sacramento Salinm San Carlos San Jose Walnut Creek MARK THOMAS & COMPANY Providing Engineering, Surveying & Planning Services May 14,2013 Mr. Brandon Miles Associate Engineer Transportation Department City of Carlsbad RE: SCOPE OF WORK CHESTNUT PEDESTRIAN CROSSING Dear Mr. Miles: Appendix "A" Per your request, we are pleased to present this scope and fee for developing a "Practability Study" for a grade separated pedestrian crossing at the intersection of Chestnut Ave and railroad tracks the City of Carlsbad. This work will be performed in conformance with our current on-call contract with the City of Carlsbad. We have identified the following staff from Mark Thomas & Company (MTCo) to perform the work described below. Rob Himes PE will be acting Principal/Project Manager. Adrian Engel PE, LEED AP will be civil task lead coordinating bicycle and pedestrian design features. Po Chen S.E. and Jason Hickey S.E. will develop structure concepts. Paul Price PE will act as railroad liaison. The work will be performed under two primary tasks. Task I will be to collect base mapping and develop preliminary concept sketches. Task 2 will be to further develop the preferred alternatives, including preliminary concept plans, cost estimates, and memorandum. More specifically, the tasks performed will be as follows: Task 1 Base Mapping and Concept Sketches: Task 1.1 Project Management -MTCo will provide project management and oversight for the process outlined below including up to 2 coordination meetings with the CPUC. This task will include a kick-off meeting combined with the field investigation in Task 1.3. Task 1.2 Prepare Preliminary Base Maps -MTCo will prepare AutoCAD base maps that show existing tracks, roadway features and underground utilities based on the as-built and GIS information provided by the City. Task 1.3 Field Investigation -MTCo will perform a field visit of the project sites. The purpose of the site visit is to check key measurements that were missing from the as-builts, confirm that the as- built improvements are consistent with the field conditions, and check for possible surface utility information (i.e. manhole lids, valve covers, etc.). Task 1.4 Topographic Survey-MTCo will coordinate up to 2 days of field crew time to collect key topographical data which will include track elevation and alignment, existing bike path and roadway pavement, curb, gutter sidewalk, driveway location and widths, above ground utilities and utility 7300 Folsom Blvd., Suite 203 Sacramento, CA 95826 www.markthomas.com Tel: (916) 381-9100 Fax: (916) 381-9180 Mr. Brandon Miles Pagel May 14,20/3 dips. If the optional task for potholing is completed, the schedule of the survey work will follow the potholing to be able to collect pothole data. Task 1.5 Prepare Hand Sketch Drawing of the Chestnut Avenue Pedestrian Crossing -MTCo will prepare engineered sketches for four alternatives for the pedestrian crossing. These alternatives consist of two options for undercrossings and two options for overheads. The alternatives will evaluate different ramp/stair options for conforming to the existing bike trail and Chestnut Ave. MTCo will present these options at a meeting with Staff to discuss which preferred alternatives should be advanced to preliminary design. Task 1.6 Pothole Utilities (OPTIONAL TASK) -After the as-built information is collected and compiled and it appears that there is not enough information to assume the depths and alignment of the sewer, storm and water lines going through the project site, we suggest having up to I 0 physical potholes performed. We are including this as an optional task and will need to coordinate with City Staff to authorize this work before it is performed. Task 2.0 Preliminary Engineering Drawings and Memorandum: After the alternatives meeting with the City, MTCo will prepare preliminary engineering drawings for the preferred undercrossing and overhead alternatives and create a summary of the findings in the "Practibility Study" Memorandum. The tasks for the developing these concepts for preliminary design are described below: Task 2.1 Prepare Preliminary Plan and Profile Sheets-Working with the City, MTCo will prepare preliminary plans showing the preferred undercrossing and overhead alternatives with up to two additional access options detailed using AutoCAD. The purpose ofthese drawings is to have the City be able to evaluate opportunity and challenges for constructing a grade separated pedestrian crossing at Chestnut Ave. Task 2.2 Prepare Advanced Planning Studies (APSl Sheets-MTCo will prepare an APS for each of the two structure alternatives. These plans will be used to evaluate possible structure length, width, depth and preliminary costs. Task 2.3 Prepare Staging Plan -MTCo will prepare staging concepts for the two alternatives to highlight constructability issues and demonstrate pros and cons between the undercrossing and overhead alternatives. Task 2.4 Prepare Preliminary Cost Estimates-Using bid results and estimates from similar projects MTCo will complete a preliminary cost estimate for each alternative to be used to evaluate the funding requirements. Task 2.5 "Practibility Study" Memorandum -MTCo will compile all of the information collected and created in previous task highlighting the range of alternatives discussed, preferred alternatives and implementation challenges for the City to use for future discussions with the CPUC and stakeholders. MTCo will meet with City Staff to present the findings in the memorandum and discuss possible next stets. Mr. Brandon Miles Page3 Mcry /4,2013 SCHEDULE It is MTCo's understanding that City is interested in pursuing the Chestnut Pedestrian Crossing further with the CPUC and will be able to provide the above scope of work in a 3 month timeframe from notice to proceed from the City. The fee to perform the work will be on a time and materials basis, not to exceed $48,640 with the potholing identified as an additional optional task. Thank you for the opportunity to work again with the City of Carlsbad. If you have any questions, please contact me. Sincerely, ' ·-z}I"Tt--- 'J 1mes Principal I Vice President Enclosures: Fee for Carlsbad Chestnut Pedestrian Crossing Fee for Carlsbad Chestnut Pedestrian Crossing Mark Thomas Company, Inc. (May 14, 2013) ~ .. ~ u ~ ~ c ... .. .. "' a; .. .. ·u ;;: "' c ·;: c . ..., c "' .1: 0 ::!: c u iii w .. "' ~ .!!-tl ~ 1-.. u c <>. u .. .. c '6' '6' c 0 ·;: ~ ~ <( ~ <>. <>. <>. u 1- $290 $150 $122 $90 $215 Total Task1 Base Mapping and Concept Sketches Task 1.1 Project Management 8 20 4 $5,808 Task 1.2 Prepare Preliminary Base Maps 8 20 $2,776 Task 1.3 Field Investigations 2 8 $1,780 Task 1.4 Topographic Surveys 8 16 16 $6,080 Task 1.5 Prepare Hand Sketches of Crossing 2 8 36 $6,172 Subtotal Task 1.0 = $22,616 Task2 Preliminary Engineering Drawings and Memo Task 2.1 Preliminary Plan and Profile Sheets 2 10 20 40 $8,120 Task 2.2 Structure APS Sheets 20 40 20 $9,680 Task 2.3 Prepare Staging Plans 2 8 $964 Task 2.4 Prepare Preliminary Cost Estimates 2 8 8 $1,996 Task 2.5 Practiblity Study Memorandum 4 8 12 16 $5,264 Subtotal Task 2.0 = $26,024 Grand Total = I $48,640 I Task 1.6 Pothole Utilites (Optional Task) $10,000 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.2 COMPREHENSIVE ACTIVE TRANSPORTATION STRATEGY CA897 This second Pr'jct Task Description and Fee Allotment, is entered into on trLay I . ...;> o/3 ' pursuant to an Agreement between Mark Thomas & Company, (nc. a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Civil and Traffic Engineering Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated March 29, 2013, ("proposal"), attached as Appendix "A" for the Comprehensive Active Transportation Strategy, (the "Project"). The Project services shall include preparation and coordination of Priority Projects. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty (260) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $70,000. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT CIVIL AND TRAFFIC ENGINEERING SERVICES TASK GROUP LUMP SUM FEE Preparation of Priority Projects $55,000 Oversight of Design Concept $10,000 Meetings $5,000 TOTAL (Not-to-Exceed) $70,000 Executed by Contractor this '2.£> + lrl day of _ _,_A-"-'-f'.::~:..:l_.b:--_______ , 2013. CONTRACTOR MARK THOMAS & COMPANY, INC. a California corporation ' (siirlhre) \A\c"t\Cxe-1 'J. u\A.W\P-V'I "\?vts\c4"'-''- (print name/titl~) MARK THOMAS & COMPANY, INC. a California corporation (name of co;t~r) By"£-- If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California ~~ City Manager or Director Date: s/~(~'5, l 1 By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BYJ)Q&~ Assistant CJtYAtQmey City Attorney Approved Version 1/30/13 2 APPENDIX "A" CATS-PRIORITY PROJECT DESIGN MARCH 29, 2013 Undertake up to five demonstration projects. The proposed projects will be developed with input from community focus groups. Priority projects may include: implementing non-capital projects, developing conceptual traffic calming designs, implementing a temporary demonstration project, or providing neighborhood-specific implementation approaches. Prepare schematic project plans for up to five (5) locations. For each project location, prepare the following: one photo morph rendering, one conceptual cost estimate, and one concept plan layout. Prepare one set of revisions. The completion of this task assumes that each project is no more than one mile in length, aerial photography will be provided by the City, and existing right-of-way will either be provided or not required. These plans would provide enough detail to prepare the projects for funding through the CIP or grants, but would not be intended for construction purposes. Provide coordination and oversight of priority design projects in conjunction with City of Carlsbad. Review the proposed project designs and evaluate each one against the City's performance based indicators. Prepare one set of revisions upon receipt of feedback and review by City staff. Attend two in-person meetings as part of this task. • Deliverables: One photo morph rendering per location, one construction cost estimate per location, one concept plan & typical cross section per location, one set of revisions; Evaluation of projects against evaluation indicators for one draft concept+ final concept for each location. • Cost: $70,000 • Timeline: Up to one year CARLSBAD ACTIVE TRANSPORTATION STRATEGY MARK THOMAS & COMPANY Task Sub-Task Expected Deliverable Budget -~ 0 tl Prepare one photo morph rendering per location {up to 5 locations) c " 0 ·e Provide concept designs for up to five (5) priority locations that provide . ., ... $55,000 ~ > Prepare one construction cost estimate per location (up to 5 locations) enough detail to include in funding applications for grants or City's CIP ~ ~ a. ·.::: Prepare one concept plan and typical cross section per location (up to 5 ~ 0 ... -~ ... locations) ~ c Review Design Concepts for Priority Projects .c ~ .~ -~ c. $10,000 " Provide evaluation report o(design concepts against performance ~ " u " 0 c > -0 Evaluation of Projects against Design Indicators indicators; Revisions to documents 0 0 u ~ .. ·S $5,000 " " :;: Meetings Attendance and preparation of deliverab!es for two meetings Total Cost $70,000 Task .E ~ .. ·~ ·;;; fr • • u • " c e5o8 Total cost CARLSBAD ACTIVE TRANSPORTATION STRATEGY MARK THOMAS & COMPANY Sub-Task Prepare one photo morph rendering per location (up to S locations) Prepare one construction cost estimate per location (up to S locations) Prepare one concept plan and typical cross section per location {up to S locations) Review Design Concepts for Priority Projects Evaluation of Projects against Design Indicators Meetings 2013 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV Schedule 2014 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT FOR SANDAG CONNECT THE VILLAGE GRANT CA897 and Fee Allotment, is entered into on =-+-""""':.J~14..1.1UL~~~,~....<~~~,.L---..,-'' pursuant to an Agreement between Mark Th mas & Compa , Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Civil and Traffic Engineering Services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 6, 2013, ("proposal"), attached as Appendix "A" for Traffic Circle Design, (the "Project"). The Project services shall include preliminary civil and traffic engineering for traffic circle improvements at various intersections in conjunction with the Connect the Village Grant. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty (40) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the lump sum basis for each task group shown in Table 1. Progress payments shall be based on percent complete for each task group. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $7,900. City Attorney Approved Version 5/12/11 1 TABLE 1 FEE ALLOTMENT CIVIL AND TRAFFIC ENGINEERING SERVICES TASK GROUP LUMP SUM FEE 1.1 -Prepare Preliminary Base Maps $3,120 1.2-Prepare 30% Plans $4,250 1.3-Prepare sketch of intersection $530 TOTAL (Not-to-Exceed) $7,900 Executed by Contractor this '2 e .fk day of _d"'-"'~"'N..,v'-'&"'K..IO=.,ff-------' 2013. CONTRACTOR MARK THOMAS & COMPANY, INC .. , a California corporation By: (sign h re) M ·, Mo.,e-l :J ~~ 'P~·,J..t,J­ (print name/title) MARK THOMAS & COMPANY, INC .. , a California corporation (print nameltitle) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 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. D, a municipal corporation of the State of California By: Date: ----"Z=...L.bL.Jt'-Lt.!...l_.}'------ APPROVED AS TO FORM: City Attorney BY: JDQJL~ ASSiStirrtCrtYAttOf6Y City Attorney Approved Version 5/12111 2 OFFICfS Cupertino fre~no Irvine Pleasanton Socromenlo Salinas San Corio~ Son Jose MARK THOMAS & COMPANY Providing Engineering, Surveying & ~anning Serv1ce5 January 6, 2013 Mr. Bryan Jones Deputy Director Transportation Department City of Carlsbad Appendix "A" RE: SCOPE OF WORK FOR TRAFFIC CIRCLE DESIGN AT VARIOUS INTERSECTIONS Dear Mr. Jones: Walnor Cceek Per your request, we are pleased to present this scope and fee for developing preliminary drawings for Nine (9) intersections within the City of Carlsbad. This work will be performed in conformance with our current on-call contract with the City of Carlsbad. This proposal includes Task 1.0 which includes the development of preliminary drawings to include within a grant application being prepared by the City. More specifically, Task 1.0 will include the following work: Task 1.0 Preliminary Drawings for Grant Application: Task 1.1 Prepare Preliminary Basemaps -MTCo will prepare AutoCAD basemaps that show existing curb, gutters and sidewalks based on the as-built information provided by the City. If the existing street, radii and other items are dimensioned on the as-builts, MTCo will use that information to develop the basemap. If dimensions are missing from the as-builts, the information will be traced from scans of the as-builts. No topographic surveys will be gathered for this project. Task 1.2 Prepare 30% Plans-Working with the City, MTCo will prepare 30% plans showing a traffic circle at each of the following intersection locations: • Harding/Oak • Harding/Pine • Harding/Chestnut • Madison/Walnut • Madison /Chestnut • Madison/Magnolia • Roosevelt/Oak • Roosevelt/Walnut 0 Roosevelt/Chestnut The 30% plans will show enough information to looks as close to a "construction ready" drawing as possible. The purpose of these drawings is to include in the grant application being prepared by the 7300 Folsom Blvd., Suite 203 Socromento, CA 95826 www.morkthomos.com Tel: (916)381-9100 Fa .. :{916)381-9180 Mr. Bryan Jones Pagel January 6, 20 I 3 City and to provide a City review document for the City to provide comments prior to moving forward with final design. The work product will be similar to t~e sample drawings provided by the City. It is assumed the City will provide the AutoCAD drawings for the sample drawings for MTCo"s use. Task 1.3 Prepare Hand Sketch Drawing of Roosevelt/Walnut Intersection MTCo will use Google Street View to find a view with the Lola Grocery/Restaurant (northeast corner) in the background of the intersection. MTCo will prepare a hand sketch tracing of the proposed traffic circle in the intersection to include in the grant application SCHEDULE It is MTCo's understanding that Task I Preliminary Drawings for Grant Application needs to be complete by Friday, January II, 2013. The fee to perform the work will be on a time and materials basis, not to exceed $7,900. Thank you for the opportunity to work again with the City of Carlsbad. If you have any questions, please contact me. Sincerely, MARK mOMAS & COMPANY, INC. Ro ert A. Himes Principal/ Vice President Enclosures: Fee for Carlsbad Traffic Circles Task 1.0 Preliminary Drawings for Grant Application Task 1.1 Prepare Preliminary Basemaps Task 1.2 Prepare 30% Plans Task 1.3 Prepare Hand Sketch of Intersection Fee for Carlsbad Traffic Circles Mark Thomas Company, Inc. (January 06, 2013} n; ... ... c ·;: ... $170 1 1 ~ .. ... .. c .. :!: .. .... .. ·a ~ ... $120 4 ~ .. .. c ... c UJ c ... ·;;; .. c ..: "' $90 40 4 c .. .., c ·;: ~ .. .r:. .. .... .: .. .. .... c c .. c ..., <( :> .. u "' $90 $40 24 24 Total Task 1.0 = Total $3,120 $4,250 $530 $7,900 MASTER AGREEMENT FOR CIVIL AND TRAFFIC ENGINEERING SERVICES (MARK THOMAS & COMPANY, INC.) CA897 THIS AGREEMENT is made and entered into as of the dl J?0 day of -~~::m:::~:::=s.-"'----' 20 /~ by and between the CITY OF CARLSBAD, a municipal cor oration, hereinafter referred to as "City", and MARK THOMAS & COMPANY, INC., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in civil and traffic engineering. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to civil and traffic engineering. D. 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 three years starting from the date first written above. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director''). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 1 City Attorney Approved Version 2/17/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 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. ~ 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 in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 2 City Attorney Approved Version 2/17/12 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 Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile 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. City's Initials Contractor's Initials D If box is checked, Professional Liability Insurance requirement is waived. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 3 City Attorney Approved Version 2/17112 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. 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. 1 0.3 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. 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. 4 City Attorney Approved Version 2/17/12 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 are: For City: Name Title Dept Address Phone Skip Hammann Transportation Director Transportation CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad CA, 92008 (760) 602-2751 For Contractor: Name Title Address Phone Email Rob Himes Project Manager 7300 Folsom Blvd., Suite 203 Sacramento, CA 95826 (916) 381-9100 rhimes@markthomas.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. 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. 5 City Attorney Approved Version 2/17/12 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 at the 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 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. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 6 City Attorney Approved Version 2/17/12 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 2/17112 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. Executed by Contractor this g1:b. day of 0 ~4-ob.e....-, 20~. CONTRACTOR MARK THOMAS & COMPANY, INC., a California corporation Byr'v\~lk ( gn here) \fi M 1\1* W. £.t 116/~-..j print name/~tle) I CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: LO Mayor. r:::1i!ffiiib~l 0 = ::o= ~::: -4 ,~ <I ... ,, . ;,~,. * , ,,, ''lflll\1,, 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney 8 City Attorney Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of S O..of\..~ ~"'- On OcA-. j} 1 ~O\ d. before me, ____,_\~_____;;C!----""--'+---~~+.+-----;-=---;-::--c~=-'~'--b_\_i_C. __ Date fficer personally appeared ---'\.1\=----'_,_t c""'"~~=-=\_3""""--"o....,c'-'-.e=--.~ .... ~::....L_---;L~()~~II'V\D-.~3""+--=Cl.=\N!~=---------­Name(s) of Signer(s) who proved to me on the basis of satisfact~ evidence to be the person(s) whose name(s) ~ subscribed to the within instrument and acknowledged to me th t ~executed the same in l'ltS1I'mr eir authorized capacity(ies), and that by · he· 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. I Signature: .. ~ OPTIONAL I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ~ Place Notary Seal and/or Stamp Above Description of Attached Document · Title or Type of Document: ~~e,.. AlJf.UV't"""-+ -¥or C:,.;.\ W\~•~ C~,f\U,;,'!_) St.rv\tu Cil\81.1 Document Date: Number of Pages: ------~\_,0£_ __ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer{s) Signer's Name: _____________ _ D Corporate Officer-Title(s): _______ _ D Individual RIGHT THUMBPRINT OF SIGNER D Partner-D Limited D General Top of thumb here D Attorney in Fact D Trustee 0 Guardian or Conservator D Other: _______ _ Signer Is Representing: ___ _ Signer's Name: ___________ _ 0 Corporate Officer-Title(s): _______ _ 0 Individual RIGHT THUMBPRINT OF SIGNER 0 Partner-0 Limited 0 General Top of thumb here D Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _______ _ Signer Is Representing: ___ _ . ~ I . ~ ·I © 2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 .. .. ... .. .. • • ·"' -... ·"" Master Agreement Consulting Services -Civil and Traffic Engineering 1111 • ~ EXHIBIT A Section 5: Rate Schedule II Mark Thomas & Company, Inc. Principal/Project Manager ........................................................................................................................... $290.00 per hour Structural Manager ........................................................................................................................................ 255.00 per hour Engineering Manager 111 ................................................................................................................................. 215.00 per hour Engineering Manager 11. ................................................................................................................................. 205.00 per hour Engineering Manager 1 ................................................................................................................................... 178.00 per hour Engineer X ...................................................................................................................................................... 170.00 per hour Engineer IX ..................................................................................................................................................... 162.00 per hour Engineer VIII. .................................................................................................................................................. 150.00 per hour Engineer VII .................................................................................................................................................... 145.00 per hour Engineer VI ..................................................................................................................................................... 133.00 per hour Engineer V ...................................................................................................................................................... 122.00 per hour Engineer IV ..................................................................................................................................................... 108.00 per hour Engineer 111 ..................................................................................................................................................... 100.00 per hour Engineer 11 ........................................................................................................................................................ 90.00 per hour Engineer ! ......................................................................................................................................................... 84.00 per hour Engineer Technician/Inspector IV .................................................................................................................. 105.00 per hour Engineer Technician/Inspector 111 ..................................................................................................................... 90.00 per hour Engineer Technician/Inspector II ...................................................................................................................... 84.00 per hour Engineer Technician/Inspector 1 ....................................................................................................................... 70.00 per hour Engineer Technician Assistant .......................................................................................................................... 55.00 per hour Land Surveyor II ............................................................................................................................................. 150.00 per hour land Surveyor I .............................................................................................................................................. 125.00 per hour Project Surveyor 11. ......................... ,. ............................................ , ....... u ......................... " ............................. 120.00 per hour Project Surveyor 1 ........................................................................................................................................... 110.00 per hour Survey Technician ............................................................................................................................................ 85.00 per hour Construction Inspector .................................................................................................................................... 98.00 per hour Technical Writer ............................................................................................................................................... 90.00 per hour Clerical/Typist II ............................................................................................................................................... 70.00 per hour Clerical/Typist I ................................................................................................................................................ 56.00 per hour Messenger ....................................................................................................................................................... 42.00 per hour Environmental Manager .............................................................................................................................. $146.00 per hour PR/Communications Manager ....................................................................................................................... 132.00 per hour Environmental Planner IV .............................................................................................................................. 124.00 per hour Environmental Planner Ill .............................................................................................................................. 116.00 per hour Environmental Planner II ............................................................................................................................... 100.00 per hour Environmental Planner I .................................................................................................................................. 85.00 per hour Single Chief ................................................................................................................................................... $ 96.14 per hour Single Chainman .............................................................................................................................................. 77.57 per hour 2 Person Field Party and Vehicle .................................................................................................................... 215.00 per hour 3 Person Field Party and Vehicle .................................................................................................................... 298.00 per hour Expert Witness ............................................................................................................................................. $350.00 per hour Strategic Consulting (Principal) .................................................................................................................... $350.00 per hour Reimbursables including, but not limited to: Printing and Materials, Filing Fees, and Field Expenses ....................................................................................... Cost plus 5% Outside Consultant Fees ...................................................................................................................................... Cost plus 5% 111( MARK THOMAS & COMPANY 22 II • II ... .I .. " .. " • ,· .. .. .. 'II· .. ,. ... ,I ... • f) ) ) ) Master Agreement Consulting SetVices -Civil and Traffic Engineering Ill • !I II Fehr & Peers Principal ...................................................................................................................................................... $200.00 -$295.00 Senior Associate .......................................................................................................................................... $185.00 ~ $200.00 Associate ..................................................................................................................................................... $165.00-$185.00 Senior Engineer/Planner ............................................................................................................................. $135.00-$165.00 Engineer/Planner ........................................................................................................................................ $110.00-$135.00 Senior Technical Support ............................................................................................................................ $120.00-$155.00 Administrative Support ............................................................................................................................... $100.00-$120.00 Technician ................................................................................................................................................... $115.00-$120.00 Intern ............................................................................................................................................................................ $90.00 Pat Noyes CSS/Traffic calming/Public Outreach .......................................................................................................................... $180.00 KTU+A Principal ...................................................................................................................................................................... $165.00 Senior Associate .......................................................................................................................................................... $135.00 Associate ..................................................................................................................................................................... $115.00 Senior Designer/Senior Planner/GIS Analyst .............................................................................................................. $105.00 Designer/Planner .......................................................................................................................................................... $95.00 Administration .............................................................................................................................................................. $75.00 Bicycle Solutions Planning and Design ........................................................................................................................................................ $120 Safety evaluations ............................................................................................................................................................ $120 Bicycle storage facility design .......................................................................................................................................... $100 PFHT '1/V!Tf\it:~;') Research .......................................................................................................................................................................... $120 Deposition and Courtroom .............................................................................................................................................. $225 Bicycle .............................................................................................................. $0.07 /mile in addition to transit fares (if any) San Francisco Bay Area (Within 5 miles of BART, Caltrain, SF Muni, VTA Ught Rail, and buses) .......................................................... Actual expenses Out-of-area (Rental car, inter-city transit, airfare, lodging) ............................ Actual expenses including meals, unless otherwise agreed 111(; MARK rHOMAS & COMPANY 23 • 8 II