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HomeMy WebLinkAboutRBF | Michael Baker International Inc; 2012-11-28; CA898PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.9 PROJECT NO. 6322 ,..., .......... ~'! CA898 This "1in~~:~~r~: ~~ . Task D¥sc~iption d Fee Allotment, is entered int~ on ··0·" yt;'?l, ·"' ~.~· /· , Y/ , pursuant to an Agreement between M1chael Baker lnternationa ·; Inc., a"Pennsylvania 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 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 August 14, 2015, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Pedestrian Right-of-Way Compliance Before and After Study, (the "Project"). The Project services shall include video data collection at various intersections along Carlsbad Boulevard and analysis and documentation both before and after RRFB installation. 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 sixty (60) 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 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 $4,000. City Attorney Approved Version 1/30/13 CA898 TABLE 1 FEE ALLOTMENT NO. 9 Error! Reference source not found. TASK GROUP LUMP SUM FEE 1 . Video Data Collection $2,700 2. Analysis and Documentation $1,300 TOTAL (Not-to-Exceed) $4,000 Executed by Contractor this ____ day of------------' 2015. CONTRACTOR MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation (name of Contractor) By:MMk-~ (sign her ) M~~&~~» AssT-~f.~ect-£~ (print name/title) __] MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation (name of Contractor) ~H;;1-~o /7 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: Patnck A. Tho s ubllc Works D1rector Date: __.1?: ...... 0'-"' -_z_--,_-_1_·) ___ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 2 City Attorney Approved Version 1/30/13 CA898 APPENDIX "A". SCOPE OF SERVICES CARLSBAD BOULEVARD PEDESTRIAN RIGHT-OF-WAY COMPLIANCE BEFORE AND AFTER STUDY Task 1: Video Data Collection Michael Baker International will hire Veracity Group/Omnibird Inc. as a subconsultant to collect 24-hour video data at a total of four (4) crosswalks on Carlsbad Boulevard at the following intersections: 1. Carlsbad Blvd. at Sycamore Ave. 2. Carlsbad Blvd. at Maple Ave. 3. Carlsbad Blvd. at Cherry Ave. 4. Carlsbad Blvd. at Hemlock Ave. Video cameras will be mounted on streetlight poles at the appropriate heights needed to view all vehicle lanes in each direction of travel at each crosswalk location. The video recordings will be conducted on a Saturday in August 2015 before the RRFB installation (scheduled for late August or early September), and a second set of video recordings will be conducted several weeks after the RRFB installation is in place. The video recordings will be reviewed between the hours of 6:00 a.m. and 10:00 p.m. at two (2) out of the four (4) locations to count the number of vehicles per lane that either yield or do not yield right-of-way to pedestrians while crossing Carlsbad Boulevard at the four crosswalk locations. The counts will be used to evaluate pedestrian right-of-way compliance by drivers both before and after the RRFBs are installed. The fee for Task 1 includes the use of four (4) video cameras at the four (4) identified crosswalk locations for two separate 24-hour time periods. However, the video data will only be reviewed and counted at two (2) crosswalk locations, with the other two (2) locations available as back- up data. The video recording data of the same two (2) crosswalk locations will be reviewed and counted for the before and after study. Task 1 Fee: $2,700 Task 2: Analysis and Documentation Task 2 includes an analysis of the pedestrian right-of-way compliance data before and after the RRFB installation. The analysis findings will be provided in a tabular format and documented in a draft technical memo addressed to the City of Carlsbad. Task 2 includes submittal of a draft and final technical memo submitted to the City of Carlsbad. Task 2 Fee: $1,300 Total not-to-exceed amount: $4,000 3 City Attorney Approved Version 1/30/13 INTERNATIONAL We Make a Difference Appendix "A" August 14, 2015 Task Order No. 9 Pedestrian Right-of-Way Compliance Before & After Study Michael Baker International will perform the following tasks in support of evaluating driver compliance with yielding right-of-way to pedestrians before and after the installation of rectangular rapid flashing beacons (RRFBs) at four (4) crosswalk locations in the City of Carlsbad: Task 1: Task 2: Video Data Collection Michael Baker International will hire Veracity Group/Omnibird Inc. as a subconsultant to collect 24-hour video data at a total of four (4) crosswalks at four (4) locations to be determined by the City of Carlsbad. Video cameras will be mounted on streetlight poles at the appropriate heights needed to view all vehicle lanes in each direction of travel at each crosswalk location. The video recordings will be conducted on a Saturday before the RRFB installation and a second set of video recordings will be conducted on a Saturday several weeks after the RRFB installation is in place. The video recordings will be reviewed between the hours of 6:00 a.m. and 10:00 p.m. at two (2) out of the four (4) locations to count the number of vehicles per lane that either yield or do not yield right-of-way to pedestrians while crossing Carlsbad Boulevard at the four crosswalk locations. The counts will be used to evaluate pedestrian right-of-way compliance by drivers both before and after the RRFBs are installed. The fee for Task 1 includes the installation and use of four (4) video cameras at the four (4) identified crosswalk locations for two separate 24-hour time periods. However, the video data will only be reviewed and counted at two (2) crosswalk locations, with the other two (2) locations available as back-up data. The video recording data of the same two (2) crosswalk locations will be reviewed and counted for the before and after study. Task 1 Fee: $2,700 Analysis and Documentation Task 2 includes an analysis of the pedestrian right-of-way compliance data before and after the RRFB installation. The analysis findings will be provided in a tabular format and documented in a draft technical memo addressed to the City of Carlsbad. Task 2 includes submittal of a draft and final technical memo submitted to the City of Carlsbad. Task 2 Fee: $1,300 Total Task Order No. 10 Fee: $4,000 MBAKERINTLCOM 5050 Avenida Encinas, Ste. 260 I Carlsbad, CA 92008 Office: 760.476.91931 Fax: 760.476.9198 July 21, 2015 Ms. Rhonda Heather Contract Administrator City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Dear Ms. Heather: • • • CONSULTING A aa. Company Please be advised that the Michael Baker family of companies has undergone an internal restructuring in connection with its "Michael Baker International" rebranding efforts. In connection with such efforts, on July 1, 2015, RBF Consulting, a California corporation ("RBF"), merged with and into Michael Baker International, Inc., a Pennsylvania corporation ("Michael Baker''). As a result of the merger, the separate legal existence of RBF ceased and Michael Baker continues as the surviving entity under the name "Michael Baker International, Inc." Michael Baker hereby requests your consent to the assignment by RBF to Michael Baker of all its rights and obligations under the agreement( s) listed on the attached Annex A (the "Assignment"). Please indicate your acknowledgement of this notice and consent to the Assignment by signing a copy of this letter in the space provided below and returning it by fax or email with the original to follow by mail, no later than August 1, 2015 to: Michael Baker International, Inc. Attention: Legal Department 500 Grant Street Pittsburgh, PA 15219 Fax: 412-918-4001 Attention: Legal Department , Email: LegaiReview@mbakercorp.com --- In addition, please copy us via email at rlucera@mbakerintl.com & tthiele@mbakerintl.com . Page2 By signing below, (a) you consent to the Assignment, including the assumption of the Agreement by Michael Baker, and confirm that no other documentation is required under the Agreement in connection with the Assignment, (b) you waive any requirement under the Agreement for such further documentation, (c) you waive any right you may have to terminate the Agreement as a result of the merger, (d) you acknowledge that you have not previously transferred, assigned or pledged your rights or obligations under the Agreement to any other person or entity, and (e) you acknowledge that the Agreement is in full force and effect and that neither party is currently in breach of any of its obligations under the Agreement. If you have any questions, please feel free to contact our office at (760) 476-9193. Sincerely, RBF Consulting ~r~h~~ Vice President CONFIRMED AND AGREED, Intending to be legally bound: City of Carlsbad I Car 1 sbad t~un i c i pa 1 By:~ Name:~w--'\...._ ~-~Qn, ~f) Title:~.,....., ~d \SA Date: ~~/15 Date: By:~~ Tim Thiele Vice President Water District By:~~-:i Name: DouNA-~M'-1 Title: l>erJuij C!N ~(L... Date: '6)Lct8'JS o Difference Subject: Michael Baker International name and logo Dear valued client and colleague: For 75 years, Michael Baker International has proud of the way "We Make a Difference" in the communities we serve. This year is a significant milestone for us as it commemorates our history of excellence and, more importantly, paves the way for our future growth and innovation. As part of this celebration, we implemented branding changes that affect the company name and logo you see on your invoices and other documents. Effective July 1, RBF Consulting will be merged into Michael Baker International, Inc. (formerly Michael Baker Inc.). The "new" Michael Baker International logo and name, which appears on this letterhead, will now be used on all documents going forward. This branding enhancement does not affect the work being performed under your contract or the people involved in your projects. We do have a new tax IP number whic.h is listed. below and should be used moving forward. Beginning July 1, 2015, please send all remittance to Michael Baker International, inc. as noted below. The Pasadena lockbox is no longer accepting payments and your check will be returned. We would prefer payment via electronic transfer if at all posstble. Electronic Transfer: Michael Baker International, Inc. Citizens Bank ABA: 036-076-150 Account: 6101710975 SWIFT: CTZIUS33 Payment via Lockbox: Michael Baker International, PO Box 515714 Los Angeles, CA 90051-5195 Michael Baker International, Inc. tax lD number: 25-1228638 Thank you for the continued opportunity to work with you and provide the services you need to deliver your projects successfully. We enjoy working with you and look forward to our future partnerships. Sincerely, Todd Lynn Vice President-Finance MBAKER!NTL.COM 500 Grant Street. Suite 5400 I Pittsburg;,, PA 15219 Office: 412.269.6300 I Fax: 412.375.3980 Exhibit "A" Assignment by RBF to Michael Baker International, Inc. The following list of RBF active, fully executed contracts are hereby assigned to Michael Baker International, Inc. in accordance with the attached RBF Assignment dated July 21, 2015, but effective as of July 1, 201S. ID Title TRAN829 Carlsbad Blvd Realignment and Land Exchange Master Agreement and all active Task Orders TRAN871 Traffic Monitoring Program CA898 Civil & Traffic Engineering Services -City of Carlsbad Master Agreement and all active Task Orders CA899 Civil & Traffic Engineering Services -Carlsbad Municipal Water District Master Agreement and all active Task Orders CA905 Storm WatE:~r Engineering Services -City of Carlsbad Master Agreement and all active Task Orders CA907 Storm WatE:~r Engineering Services-Carlsbad Municipal Water District Master Agreement and all active Task Orders TRAN1188 Civil Engineering Services TRAN1224 Monroe Street Drainage Improvement Planchecking Services (dated 6/11/15) Form -9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. shown on your income tax return). Name is required on this line; not leave this line blank. c~ name/disregarded entity name, if different from above <ll ~r------------------------------------------------------------------------------------r-------------------------~ 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 0 0 Individual/sole proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 Trust/estate single-member LLC 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3}: 0 Limited liability company. Enter the tax classification (C~c corporation, s~s corporation, P=partnership)"' Exempt payee code (if any) ___ _ ---Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner. Exemption from FATCA reporting code (if any} 5 0 Other (see instructions) "' name and address Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. 1@111 Certification Under penalties of perjury, I certify that: i. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding: and 3. I am a U.S. citizen or other U.S. person (defined below): and 4. The FATCA code(s) entered on this form {if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (!TIN), adoption taxpayer identification number (A TIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1 099-INT (interest earned or paid) • Form 1 099-DIV (dividends, including those from stocks or mutual fun<Js) • Form 1 099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1 099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1 099-S (proceeds from real estate transactions) • Form 1 099-K (merchant card and third party network transactions) Date" July I. 2015 • Form 1098 (home mortgage Interest), 1098-E (student loan irterest), 1098-T (tuition) • Form 1 099-C (canceled debt) • Form 1 099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backuo withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) CERTIF~ICATE OF LIABILITY INSURANCE AGGREGATE liMIT APPLIES PER: rv!PRO· rvi POLICY L.:J JECT l.2:J LOG OTHER: !LOCATIONS I VEHICLES (ACORD .101, Additional Remarks Schedule. may be attached if more space is required I of Coverage. Michael Baker International, Inc. PO BOX 57057 Irvine CA 92619-7057 USA SHOULD ANY OF THE ABOVE DESCRIBED POLIC1f$ BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE OEUVEREO IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ©1988·2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ' l l l 1 ! J j ' ~ j I ! AGREEMENT ANI) PLAN OF MERGER OF RBf CONSULTlNG (a California t::orporation); AND THE LPA GROUP, LLC (a Soutb (:arqlina limited UabiUty company); WITRANDINTQ MICRAltL BAJ{ER INTERNATIONAL, INC. (a Pennsylvania eol'poration) THIS AG~EMENT AND PLAN OF :MERGER (this'"Plan of Merger") is made and entered into as of the 1st day of July, 2P15, by and among Michael.Bake1· ntemational, Inc (flk/a M~chael Baker Jr.~ Inc.), a Pennsylv~~;nia corporation (the "Corporation"), F' onsultin a. California corporation and Tho LPA Group, LLC, a South Carolina limited liability company (collectively the "Merging Entities"). RECITALS WHEREAS, the Board of Directors .of the Co~poration deems it advisab 1e and in the best intel'ests of the Corporation and its sharel1older that the Mel'ging Entities be merged with and into the CorpQration (the "Merger") upon th.e tenns and conditions set forth herein and in accordance with the Pennsylvania Business Corporation Law of 1988 (the ''BCL'I), the General Corporation Law of California ("COCL'1 and the South Carolina CQde of Laws r•sc Code''); and . WHEREAS, the sole stockholder I member of each of the Merging Entities, respectively, and the sole shareholder ofthe Corpo1·ation have reviewed and approved this Plan ofMerg~r. NOW, TBl,!:REFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Merger. On the terms and. subject to the conditions contained in this Plan of Merger. th.e Merging Entities shall be merged· with and into the Corporation, and the sepatate legal existence ofeach of the Merging Entit!e.s shall thereupon cease and the Corporation shall continue as tho surviving entity under the name "Michael Baker 1ntemationa~ Inc." and shall continue to be governed by th~ laws oftbe Commonwealth ofPennsylvania (the'''Merger"). 2, Effective Tim!i). The effective time of the Merger contemplated and provided for herein shall be 11:59 p.m., July 1, 2015 (the "Effect~ve Time"). 3. A.Jticles of Incorporation; Bylaws. Fr9m and after the Effective Time, the At11cles of Incorporation and the Bylaws of the COl'POiation, each as amended to date, shall be the Articles of Incorporation and Bylaws of the surviving COl'Poration. . 4. Officers and Directol's of the Surviving Corporation. From and after the Effer;tive Time, the oftic;;s an(i directors of the Cqrporatiol~ prior to the Merger shall be the officers and directors ofthe surviving corporation. 'l .,, I I ~ 5. Convers~on ofvapitp.l,S~. At the Effective the shares ofthe Merging entities' common stock issued and outstanding immediately prior to the Effective Time shaU, without any action on the.part of the holders thereof or the Merging Entities, be canceled 'Yitlmttt consideration and redred, arid the certificates evidencing ownership thereof shall provide the 'holder with no rights or priviJeges. 6. Article:; of Merger. Prior to the Effective Time, the parties hereto shall file or cause to be filed (a) articles of merger with the Secretary of State of the Commonwealth of Pennsylvania in accordance with the :ect, (b) a certificate of merger with the Secretary of State of the State of California in accordance with the provisions of the COCL; and (c) articles of m~rger with the Secretary of State of the State of South Carolina In accordance with the SC Code. 7. J9ghts ·and Liabilities of Sun:iviug Entity:. From and after the Effective Time, subject to the terms of this Plan ofMerger, aU rights, privileges and powers of Merging Entities and all property, real, personal and mixed, and all debts due to Merging Entities as well as an other things and cau:;es ofactioQ. belonging to Merging Entities shaH be vested in the . Corporation, as the surviving entity, and shall thereafter be the property of the Corporation as if it were the party thereto, and the title to any real property vested by deed or otherwise in Merging Entities sh~,u not revert or be in any way impaired by rdason of the Merger, b.ut shall be vested in the Corporation as the surviving entity; subject to thetenns of this Plan of Merger, an rights of creditors and an lien~ upon any property of any of the parties hereto shall be preserved unimpaired, limited iln lien 'to the property affected by such lien at the Effective Time; subject to the tenns ofthis Plan of Merge1·, ail debts, liabilities and duties ofthe respective parties hereto shall henceforth attat~h to the Corporation, as the surviving ~ntity, and may be enforced against it to the same extent as if such debts, liabilities and duties had been incurred or contracted by it. 8. Furtber,.Ac:l§. The Corporatiory and the Merging Entities are hereby authorized, empowered and du·e,::.ted to do any and all acts and things, and to make, ex:ecute and deliver, file and record any and aU instruments, papers and docwnents which sball be or become nec-essary, proper or convenient to caey out or put into effec~ any ofth6 provisions of this Plan of Merger provided for herein. · 9.. Termination. Notwithstanding tl:le full approval and adoption of this Plan of Merger. this Plan of Merger may be terminated with the consent of all patties hereto at any time prior to the filings referenced in Section 6 hereof .. 10. ~ing La\)!. This. Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania withollt regard to any conflicts of laws principals which would cause the substantive law of anQther jurisdiction to apply. 11. Countei~. This Plan of Merger may be executed and delivered in multiple counterparts, and by the parties hereto in separate coui1terparts, each of which when executed and delivered shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. Delivery of counterparts via facsimile transmission or via email . with scan attachment shall be effective as if originals thereof were delivered. 2 .I .. I ! ~ I i i I l I I i I ' i I l IN WITNESS "WHEREQF, tho parties bcreto have caused this Agreem~;nt and Plan of Merger to be duly execute~ as of the .date first above written. THE CQRPpRATION: MICJI~L B.A.I<ER J.l"'T:ERNATIONAL, INC. a.Penns;Ylvanla Corpo):ation By: ft:Jii,.Ht.~ Name: H. James MoKniffi' Title: Executive Vice President, Chief Legal Officer & Corporate Secre~ary THE MERGING ENTITIES: R»F CONSULTING a California Corporation By:JU1;.M~ · Name: H. James MeKni t Title: Bxecutive Vice President. Chief Legal Officer & Corporate Secretary THE LPA GROlJPs LLC a South Carolina limited Jiability company . . By:H:~~ Name: H. James MoKnig Title: Executive Vice !:'resident, 'Chief Lega 1 Officer & Co~porate SeCl:etary [SfGNATUR! PAGB TO MICHAEL BAKER INU!RNA TIONAJ., INC, 1\GREBMENT AND PLAN OP MBRGERl ft J • .. t 'l ' • • ~ • OFFICER1S CERTIFICATE Michael Baker International, Inc. 0 '2.99 I H. James McKnight hereby certify that: 1. I am the Executive Vice President, Chief Legal Officer & Corporate Secretary of Michael Baker lnt.ernational, Inc., a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania. 2. The total number of outstanding shares of each class of the corporation entitled to vote on the merger is as follows: Total No. of Shares Entitled to Vote Common Stock one (1) share 3. The principal terms of the agreement of merger in the form attached were approved by the sh~1reholders of this corporation by a vote of the number of shares of each class which equaled or exceeded the vote required by each class to approve the· agreement of merge~r. 4. Each class entitled to vote and the minimum percentage vote of each class is as follows: · Class Common Stock Minimum Percentage Vote 50.1% I further declare under penalty of pe~ury under the laws of the State of California under the laws of the State of California that the matters set forth in this certificate are true and correct of c1ur own knowledge. DATE: JulY. 1. 2015 BY' ft:j.,Mt~ - Name: fl. James,~i;K11i~ .: .. : . · Title: Executive Vice President, Chief Legal Officer & Corporate Secretary 'I "'. • OFFICER'S CERTIFICATE RBF Consulting 1 H. James McKnight hereby certifY that: l . I am the Executive Vice President, Chief Legal Officer & Corporate Secretary of RBF Consulting, a corporation duly organized and existing under the laws of the state of California. 2. The total number of outstanding shares of each class of the corporation entitled to vote on the merger is as follows: Total No. of Shares Entitled to Vote Common Stock 987,409 3. The principal terms of the agreement of merger in the form attached were approved by the shareholders ofthis corporation by the unanimous vote of aU of the issued and outstanding shares of capital stock of the corporation. 4. Each class entitled to vote and the minimum percentage vote of each class is as follows: Minimum Percentage Vote Common Stock 100% I further declare under penalty of perjury under the laws of the State of California under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: July 1, 4015 Title: Executive Vice .President, Chief Legal Officer & Corporate Secretary State of California !Secretary of State Certificate of Merger (Cslifomia Corporations Code sec!lons OBSME:RG 1113(g), S203(g),S019.11 ao1~.1,S640,12540.i, 15911.14,16~1S(b}and 17110.14) IMPORTANT-:-Read· alllristructions befor& 'completing this form.· ·1. NAME OF SlJ!Wl\IING ENTI'IY Michael Baker In!mlill.fona!, lnc. · 5.· NAME Of OlSAPPEARlNS !WTITY RBf C<msuiting z. TYPE OF emrrv Corporation 6. ·TYf'f;,OF ElfliW COrporation ~. CASECRSTAI'l.V9f'STi\lEI'II.ENUMBER 4. JURIS!liOTIDN I 003244 Pennsyl~<nla 7.-CA.SECR.ETARYOf!lTATEFli.ENUhl!lER s. JVRISO!CTION C0423965 Qlllfllmia 9. THE PRIMCIPA!. TERMS OFTHEAGR~ OF MERGE."l WERE M'f'?.tl'J!ID BY A VOTE OF TilE !>JUM!!ER OF fNTt.REs7S OR. SHAAES OF&.cli Cl-ASS THAT • EOU•.LEP OR EXCEEDED THE VOTE fll;Q\.IIRSD. (IF A VOTE WAS REQUIRED, 4/'B;;IFY 'THE ClASS AND THE NUMBER 01' Ot/TSTANOJNG 1Nii:P.5STS OF EACH ClASS ENTI'il.ED TCI VOTE DtJ. THE Mt;RSER AND Tl'llii:PERCENTAGEVOTE RB:IUIRED OF EI<CH CI.ASS. AITACHf,OOmONAt PAGE'S, IF NeEDED.) Ja!.!f00\11NG EN'irr'( ~l§At'PMB!NG' l=:ffU!Y MID One (I) shm'c of common stock !00% 987,499 shll:l'es of common stock PERC§':!TAG!l VO')'E REQUlllBJ 100% 10. If' f.QUm' llECURJTII:S OF A PIJ<!::'NT PAATY Ar<E TO~ ISSUED INThiE MER!lER. CHECK THEAPPI.lCI\ELE s;,o;rEMENT-0 ND \/ole or lhe shareholders ofiha par~nt patty was requir<Jd. D Ttlg ff<qt1lted vote~~ the sharsholcler,; of !he pare;n[ party was obtained --11. IF THE SU!'tVIV!NG El')Tm IS A DOMESTIC Ul\\lro:l LIAllLrrr' COMPANY, UMliE!) PAJ'irnERSI!IP, OR P AR'IiiEP.SHiP, I'ROVJDE THE !'IB;II.JISllE C!Vl.NGEB !II: 1\NVj jO THE INfORMATION SET FORTH lt>l jliE SUiVIVJNG f!NTJiYS A!mc:t.E:S OF ORGANIZATION, CE!ffiRCiA'rf. OF !..IMITEO FAATNE'RSHIP OR STATEMENT OF PAAiNERSHIP AIJTHORlTY RElstll TlNG R'lOM THE I'IIERGJ:R AiTAtti I\ODJTJONAL P.'IGe.S, IF teC!:l!SAl<'f. 13. OTHER INFORW\TiON RE,OU!REO TO BE STATE!> IH THe CERTifiCATE ElfnTY IS ORGAN!Za). A'ITACH ADPffiOJ.l~ PAGES, ll'NS:E!lSAAV. . CITY liND STAT£! ZiP CODE 14. STA'TIJTORY oR OTHER e.~SIS U~IDER WHICH A For<EJGN OlliER !!US!NES1! EtfmYIS At!THORIZEC'TOEB:ECT 15. I'I.1'I11Re El'f'ECTNF. DATE, IF AN1 THE M~.!'tGER. . . Section 33-44-905 ofthe 1976 South Carolina Code of~Jaws, as amended r--------·----:-----------'----~~---'~----~---------11 liS. AD!lrtlONA!. lt-'FORMI\11C>N SET I'Oi'fl'H ON AITACHED PAGES, IF AAf{, IS INCORFORAT'.iD HEREIN llY THIS REFERENCE AND MADE PAR.T OF 1'HIS ' ___ ,-... __ ......... ___ _ OE!<TIFJCATE. • __ .-------------f. """''*""""""'"""''"""',.....t.r-:;1Jd:.l!r' H. James McKnight, EX& VP &. Sa~creta;;;:·;:;;;ry~-="' TYPE OR P.Ril>"T NM'J;; I\ till Ti1iJ! OF ~\1Tli0R1Zetl Pj!l'!SON I Is H. James McKrilght, Exec VP &. ~lary ~~;;;-;;;"'"';n;;""'"'"'~H:f:r;ri,E. TYPE OR Pf'IN'T NI\ME ANO 1i'!1.E OF I\\Jili0RIZ£ll FER5011 15" H. Jamel! McKnight, f;x«: YP &. secretary ~~===c;;"C'::;:;r.;;f;/--#)E Tl'PE on PI<INJ NAME AND Tlll.E OF AUTHORIZ.ED f'ERSCM' Fllr an entity l11at is a business sl, r~ai es'.ate lnves:ment wst or an uniOOOfP.O!B!ed atsoclslicn, sel forth tt•e prol/ielon !Jflaw or.other tr.;sls ror lhe ~uthorily of lf'le person sl~nlng: ----------- Ol!EMERGefl·1 (RE:V0112D15) . .........,.;, . I . . . j I I J Addendum to Califot'Tlia Certificate of Merger RBF Consulting, a California corporation and The LPA Group, LLC, a South Carolina limited liability company with and into Michael .Baker International; ~c., a Pennsylvania corporation Additional hlfonnation TheJ..PAGro LLC TYPE QP ffi;ITITY CA SECUTARY OF STATE FU..E # JURISDICTION NIA Limited Uitbi,lity South Carolina Co an THJ,3 PRINCIPAL TEaMS OF THB AGR~6MBNT OF MERGER. WERE APPROVED BY A VOTB OF Tim NUMBER OF INTERESTS OR SHA.J(ES OF EACH ~[,.ASS THAT EQUALED OR. EXCEEDED THE VOTE REQ'OffiED •. ~lSA~PEARruQ :mJ'WY The LPA Gl"oup, Ll,.C CLASS AND NUMBER AND fE.Jl.QBNTAQE Vp'fB REQUIRE.D 1,000 shares of common steele .SO. I% The Agreement of Merger was approved by the umuilinous vote of all of the issued and outstanding shares of capital stock of The LP A G1·oup, LLC I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT TIIE FOR.EGOINO IS TR.UB AND CORRECT OF MY OWN KNOWLEDGE. I D.aCLARE I AM THE PERSON WO EXEClrrED THIS INSTRUMENT, WHJCH EXECUTION IS MY ACT AND PEED. THE LPA GROUP, LLC (Disappearing Entity) Br.~ N~ne: H .. James MoKni . Tit!~; Executive VIce Piesident, Chief Legal Officer & Corporate .Secretary ..... 4 l6t Date: __ ....,... ___ , __ _ ·~ ~ADIUA, Sec.Mary t:lf state PROJECT TASK OESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 4510 CA898 This eighth Project Task Description and Fee Allotment, is entered into on ::rune /9 ~~ 5 , pursuant to an Agreement between RBF Consulting, 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 develop changes to the scope of services for additional work on the construction documentation and specifications for bidding purposes 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 19, 2015, ("proposal"), attached as Appendix "A" for the Calavera Hills Community Park Gateway Improvements, (the "Project"). The Project services shall include landscape, civil engineering and electrical plans, and 2004 CSI Master Format Specifications. 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 14 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 90 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 five thousand eight hundred sixty five dollars ($ 5,865). City Attorney Approved Version 1/30/13 CA898 TABLE1FEEALLOTMENT Construction Documents for Calavera Hills Community Park Gateway Improvements TASK GROUP FEE Develop changes to the scope of services for additional work on the $5,865.00 Construction Documentation and Specifications for bidding per Exhibit A- Calavera Hills Community Park Gateway Fee and Hourly Breakdown TOTAL (Not-to-Exceed) $5,865.00 Executed by Contractor this .3 day of _ ___;j=-...l:\)~(l~c::::__ _____ , 2015. CONTRACTOR RBF CONSULTING, a California corporation (name of Contractor) (sign here) 'firY1nl~~ 1 v~~FBfb. (print namil/title) RBF CONSULTING, a California corporation (name of Contractor) By:~~ (sign herx> M a ... l~ Carin()' As,">+a.~ S'e.t.tt~ (~nt n~me/title) _J 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 Attorney Approved Version 1/30/13 2 FEE AND HOURLY BREAKDOWN CALAVERA HILLS COMMUNITY PARK GATEWAY PROJECT Appendix "A" Calavera Hill Com 2 2 Prepared by: RBF Consulting, a Michael Baker International Company MAY 19,2015 ·~--------~---------1 4 10 4 3 4 2 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 6320 CA898 This seventh Project Task Description and Fee Allotment, is entered into on ._L....,c Jr '.2& 1 fL" , pursuant to an Agreement between RBF Consulting, a Caliorftia 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 QaLIGATION$ Contractor shall provide 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 20, 2015, ("proposal"}, attached as Appendix "A" for Traffic Impact Analysis Peer Review Aqua Hedionda 85/15 Specific Plan, (the "Project"). The Project services shall include review of traffic impact analysis TIA methodology, traffic impacts and proposed mitigation measures, documentation of findings, technical memorandum meetings and coordination, and supplemental technical review support. 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 one (1) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred (100) 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 TQ Bl; f!AIP TQ THE CONTRACTOR Contractor's compensation for the Project Is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of lump sum. Progress payments shall be based on percent complete basis. 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 ~N~ . 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 $8,200. City Attorney Approved Version 1/30/13 1 . ·- .---· ---·-- CA898 TABLE 1 FEE ALLOTMENT TRAFFIC IMPACT ANALYSIS PEER REVIEW AQUA HEDIONDA 85/15 SPECIFIC PLAN TASK GROUP LUMP SUM FEE Preparation of Traffic Impact Analysis (TIA) and technical $8,200 review: Review TIA methodology, traffic impacts and proposed mitigation measures, documentation of findings, technical memorandum meetings and coordination, and supplemental technical review support. TOTAL{ Not-to-Exceed} $8,200 Executed by Contractor this I d day of _........_fY1...£.-&'""tA~#~....-=::::...__ _____ , 2015. CONTRACTOR RBF Consulting, a California corporation RBF Consulting; a California corporation (name of Contractor) By:f 7~ ~sign here) (name of Contractor} By: 1\,AuvlL Ctt ~ 1Jm1:H tEL£/ Vltt Pg.ESr Of?\.fr (prin name/title) (s~g~ here) Mw }L C'rf'5 , )4sst~ -h tt+ C}vprr ~ )e.c,ve.fwJ (print name/title) 1 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. SBAD. a municipal corporation of the State of California By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 Michael Baker We Make a Difference INTERNATIONAL April 20, 2015 Appendix "A" Task 1: Task 2: Task 3: Task4: Traffic Impact Analysis Peer Review Task Order Agua Hedionda 85/15 Specific Plan City of Carlsbad Review TIA Methodology RBF/Michael Baker will review the methodology used in the TIA including: • Adherence to City TIA Guidelines • Adherence to applicable SANDAG TIA Guidelines • Trip generation and bypass trip assumptions • Analysis scenarios Review TIA Traffic Impacts and Proposed Mitigation Measures RBF/Michael Baker will review the traffic operations analysis and analysis findings. HCM analysis worksheets will be reviewed for proper input and output interpretation. Proposed mitigation measures will be evaluated to ensure that traffic impacts are addressed and that the mitigation appears to be generally feasible. Documentation RBF/Michael Baker will develop a memorandum that documents the findings of the TIA technical peer review conducted in Tasks 1 and 2. A draft memorandum will be prepared and submitted to the City for review and comment. Comments received from the City will be addressed in a final technical memorandum andre- submitted to the City. Meetings and Coordination RBF/Michael Baker will attend a peer review seeping meeting and a meeting to discuss the findings in the draft technical memorandum. Additional meetings will be attended at the specific request of the City. Task Order Labor Fee Estimate: $6,000 Task Order Direct Costs Fee Estimate: $200 Total Task Order: $6,200 Task 5: Supplemental Technical Review Support RBF/Michael Baker will provide additional technical support not covered in Tasks 1 through 4 at the direction of City Staff. Supplemental Support Task Order-Labor Fee Estimate: $2,000 M BAKER INTLCOM 5050 Avenida Encinas, Ste. 260 I carlsbad, CA 92008 of-fi-<:~60 .47&. 9i'<B 1-Fa.")H- 760.476.9198 .) PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.6 PROJECT NO. 4510 This Sixth Project Task Description and Fee Allotment, is entered into on Mavch ;;t] c:~ ... .OCS" , pursuant to an Agreement between RBF Consulting, ("Contractor1) and the City of Carlsbad, ("City") dated November 281h, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall develop construction documentation and specifications for bidding purposes 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 Contractor's proposal dated March 10, 2015, ("Proposal"), attached as Appendix "A" for the Calavera Hills Community Park Pickleball Courts, (the "Project"). The Project services shall include landscape, civil engineering and electrical plans, 2004 CSI Master Format Specifications, and construction administration. 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 14 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within Attachment A-Scope of Services -Task #1 within 3 months or 90 calendar days thereafter, and shall complete all other work within Attachment A -Scope of Services within an additional 6 months or 180 calendar days. 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 sixty eight thousand eight hundred dollars($ 68,800). City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT Professional Design, Engineering and Construction Administration Services for Calavera Hills Community Park Pickleball Courts Improvements ·~ ..... ····•::t£Y.•·."'~.·.:;r0i%;)·~.r::.::~>~~ . .;T'A$K .. GROUP··· ···· ··· .. · .... . ••• • r::ee ... ~ . .. , ....... Provide professional design, engineering, and construction $68,800.00 administration services, per Appendix "A", for Calavera Hills Community Park Pickleball Courts TOTAL (Not-to-Exceed) $68,800.00 /!-~ ./1/JA ,0/1 I 1 It::::'" Executed by Contractor this _(£ day of _..Ll'f~...:...:....:~:;;.;:c..;...=:;..L.jCL~------' 20~. CONTRACTOR (name of Contractor) By: 7k#t~ (sign here) /itV7 Tflt&z!f',, Vtc£ 'Pt?E"6toelr (print name/title) By: (sign here) /id~~ord A. U."o $n. ~~~ (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: _,.,;~~'1..._}1~-----A!:o'G. City Manager er De&isr::~ee Kathryn B. Dodson APPROVED AS TO FORM: City Attorney Approved Version 1/30/13 2 March 10, 2015 A-Company MICHAEL BAIUR INHRNATIONAL ~ \ Mr. Kyle Lancaster and Ms. Kasia Trojanowska 799 Pine Avenue Carlsbad, CA 92008 Subject: Calavera Hills Community Park Pickleball Courts Dear Mr. Lancaster and Ms. Trojanowska: RBF Consulting, a company of Michael Baker International (RBF) is pleased to submit our proposal for Civil Engineering Services associated with the above-referenced project. The scope and fee reflects the effort required to prepare improvement plans for the six, lighted, regulation-size pickleball courts (and perimeter landscape/hardscape) to be located at Calavera Hills Community Park. Attached are our Scope of Services, Attachment A and Proposed Compensation, Attachment B. Thank you for the opportunity to provide this proposal and look forward to working with you again. Please feel free to call if you have any questions at (760) 603-6243. Sincerely, Timothy M. Thiele, PE Enclosures Page 1 of 6 Appendix A RBF Consulting Contract Agreement for Calavera Hills Pickleball Attachment A Scope of Services Project: Calavera Hills Community Park Pickleball Courts Improvements General March 10, 2015 Based on the approved proposed Calavera Hills Community Park Pickleball Courts Concept Plan, dated 02-11-15 (attached), RBF shall prepare the Construction Documents to be used for a public works bid and contract for the "Calavera Hills Community Park Pickleball Courts Project". The city Park Planner will be the project manager and will prepare the Public Works Contract front end document (boiler plate) and incorporate the plans and specifications, herein called "Construction Documents" as prepared by RBF (and their sub-consultants) in conformance with the City of Carlsbad requirements outlined below. Breakdown of work under this Scope of Services shall include the following: 1. CONSTRUCTION DOCUMENTS TASK 1.1 Landscape Hardscape Construction Plans Plans shall include layout of regulation size (6) pickleball courts, entry plaza, new fencing and screening, pedestrian walkway, bench pads, and all paving areas as shown on the concept plan. Hardscape plans will also include construction details identifying appropriate amenities, pickleball equipment, materials and methods for the new courts construction, as well as various landscape construction items. 1. Irrigation System Design: Irrigation plans shall include point of connection systems, layout, irrigation distribution, and automatic control features based on City of Carlsbad park irrigation standard materials and components. Irrigation system details, materials, schedules, and specifications will be provided to describe construction methods and details. The City of Carlsbad Parks Division will provide information on the existing park irrigation system including meter size and mainline pipe connections and existing controller information. New plans for the pickleball court area shall include all necessary irrigation equipment required for a fully operational irrigation system. 2. Planting Design: Plans shall include planting locations, plant materials list (schedule) to include size, spacing and quantities as well as all planting details pertinent for installation of various types of plant materials specified in the planting plans. 3. Site Furnishings: Site furnishings shall be in accordance with the city park standards benches, and litter receptacles. 4. Meetings: Landscape Architect shall attend five (5) 2-hr coordination meetings (total of 10 hours) to meet with the city Park Planner in an effort to complete the construction document phase. 5. Specifications: Final landscape and irrigation specifications will be prepared and consistent with the 2004 Construction Specification Institute (CSI) Master Format. 6. Required bid documents submittal for the construction documents schedule is as follow: a. Eighty percent (80%) -Provide city with 80% progress review plans of construction documents, including specifications and cost estimate. Cost Page 2 of6 Appendix A RBF Consulting March 10, 2015 Contract Agreement for Calavera Hills Pickleball TASK 1.2 proposal shall include revisions to the 80% plan check review comments as provided by the city. b. Final Plan Check Submittal and Review (100%) -Provide final plans for final review of the construction documents, specifications and final cost estimate. Cost proposal shall include estimated time to complete revisions to the final plan check review comments as provided by the city. Civil Engineering Plans The Consultant shall prepare construction plans for the approved Pickleball Courts Concept Plan. This scope of work related to civil engineering plans includes the following items: 1. Existing Conditions Plan: the Engineer shall be provided a topographic map from the City's GIS department to utilize as a base sheet showing the existing topography, property boundary and existing utilities per the field topographic survey and as-built plans obtained from the City and any governing agencies. 2. Grading and Drainage Plan: The Civil Engineer shall prepare a Precise Grading and Drainage Plan as part of the construction drawings plan set. The Park Planner will coordinate the submittal and review of the grading plans with the city Engineering Division. This scope of work will include an earthwork and drainage analysis with the intent of balancing the site and the design of the onsite storm water conveyance system. The plan will include storm water drainage tie into the existing storm water system or sheet drainage that works with proposed grading and site improvements. 3. Erosion Control Plan: The City of Carlsbad has a two tier storm water review requirement for new construction of small projects. A Tier 1 Storm Water Pollution Prevention Plan (SWPPP) will be required for this project. BMPs for water pollution prevention will be required, and a copy of the city's minimum requirements can be obtained from the project manager for use in completing the Tier 1 SWPPP for this project. It is assumed that one overall SWPPP that includes both the Gateway project and the Pickleball project will be prepared. It is anticipated that this project will only require a Tier 1 erosion control plan. Civil Plans shall include the required storm water control and pollution prevention plan specifications, as deemed applicable by the City's Engineering Division. 4. SWMP/HydroMod: This project will be a Priority Development Project (PDP) since this project will increase the amount of impervious area by over 2,500 fe. Therefore, a Storm Water Mitigation Plan (SWMP) will need to be prepared. TASK 1.3 Site Electrical Plans The site electrical scope of work will include site power distribution, grounding, and lighting. The scope also includes site utility coordination, specifications, Title 24 Energy Code compliance forms, and bidding phase assistance and construction administration. Site Electrical Plans shall include plans and specifications suitable for bidding purposes, for a fully operational electrical system for the pickleball court complex. The contract documents will Page 3 of6 Appendix A RBF Consulting March 10, 2015 Contract Agreement for Calavera Hills Pickleball conform to the standard of care for a project of this type, size, and complexity. The design and engineering for this phase of the work will comply with accepted electrical engineering practices and shall include the following: 1. Correspondence and coordination with San Diego Gas & Electric informing them of the new loads being added to the existing electrical service, if required. 2. Design includes power and lighting. 3. Design shall comply with the latest version of Title 24 and any other outdoor lighting ordinances adopted by the local municipality. 4. Title 24 Energy Code exterior lighting compliance forms will be completed. 5. Lighting design includes controls and lighting for the pickleball courts, walkways, hardscape areas and other exterior areas identified. 6. Lighting design includes foot-candle calculations, lighting controls, and light fixture selection for review by the city. The standards set forth by Illuminating Engineering Society (IES) will be followed. 7. Panel board schedules will be completed for any new panel boards along with the existing panel boards that are planned to be modified. 8. Opinion of Probable Cost. 9. Specifications prepared in 2004 CSI Master Format. 10. Field investigation to determine existing conditions. 11. Includes (1) design meeting. ASSUMPTIONS 1. All reproduction and delivery of documents are by others. 2. All backgrounds will be provided in AutoCad format. 3. There will be three submissions: 80%, Plan Check, and Final for construction. 4. Consulting work other than electrical is not included. 5. Bidding and Award Phase includes, attendance at pre-bid meeting, answering of RFI's, and review of contractors' bids. 6. Construction Contract Administration includes equipment submittal review, answering of RFI's, one site visit during construction, coordinate with commissioning of lighting. 7. Work done in English Units. TASK 1.4 Opinion of Probable Cost RBF will provide an opinion of probable construction costs in Microsoft Excel spreadsheet format that will include bid item description, bid unit, bid quantity, unit price, and total price for each bid item. The spreadsheet item description will correspond with the Bid Schedule item description to be used when advertising the project for construction bids. An estimate shall be prepared for construction of the entire project, excluding testing and inspection fees (The city has a standard percentage/formula and will add those fees on to the provided cost estimate). The opinion of probable construction costs will be submitted at 80% and Final. 2. BIDDING AND AWARD PHASE The scope of services during this phase of work will include the following tasks and services: Page 4 of6 Appendix A RBF Consulting March 10, 2015 Contract Agreement for Calavera Hills Pickleball 1. Attend a pre-bid conference meeting to provide an overview of the project scope and answer any pre-bid questions. 2. At the request from the city, RBF shall assist the city in responding to various Requests for Information (RFis). It is estimated that there will be a total of eight (8) hours dedicated to these processes. a. Coordination of construction document clarifications and addenda. b. Drafting of responses to the contractors' questions, via the addendum method. The city will conduct the direct communication with the contractors. 3. CONSTRUCTION ADMINISTRATION PHASE The scope of services for the Construction Administration Phase will include the following tasks and services: A. Coordination and oversight of construction activities with the selected contractor awarded the project and with city project management team, including but not limited to the Park Planner, Parks Supervisor, and other city representatives as necessary throughout the construction of the project. B. Scheduling and attendance of regular (bi-weekly) construction progress meetings during the construction phase of the project. Preparation and distribution of meeting minutes from the construction progress meetings. 1. Review of the Contractors and sub-contractor's submittals for conformance with the Construction Documents. 2. Responses to the Contractors and sub-contractors questions and inquiries regarding clarifications, modifications or interpretation of the plans and specifications. 3. Review the contractors' bids and any substitutions proposed by the contractors. 4. Review of pertinent testing results for compliance with specified inspections and other parameters for work related to the contract and any permit requirements. 5. Attend site visits as necessary to provide the above listed services and as needed per the contract requirements to review compliance and conformance with the construction. 6. Provide additional review of change orders to the contract on an as needed basis. 7. Attend preliminary punch list site walk and final punch list walk through near completion of the project, to review the installation and construction, in general, and compare the contractor's conformance with the Construction Documents. 4. PROJECT CLOSE-OUT PHASE At the completion of the project, as-builts and digital files will be provided to the Client. Additional Services Services, which are not specifically identified herein as services to be performed by RBF or its consultants are considered "Additional Services" for purposes of this Agreement. Client may request that RBF perform services, which are Additional Services, however, RBF is not Page 5 of6 Appendix A RBF Consulting March 10, 2015 Contract Agreement for Calavera Hills Pickleball obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Service. In the event RBF performs Additional Services at the Client's request before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at RBF's standard rates, within 30 days of receipt of RBF's invoice. Page 6 of 6 Appendix A Attachment B CALAVERA HILLS COMMUNITY PARK PICKLEBALL COURTS IMPROVEMENTS Tas k 0 d B kd d b RBF C I . r er rea own prepare )y: onsu tmg Landscape Architecture $ 21,6oo.oo I Hardscape Construction Documents $ 6,000.00 Irrigation System $ 5,000.00 Planting Plans $ 4,000.00 Meetings $ 2,000.00 Specifications $ 2,500.00 Bidding and Award Phase/Pre-Bid $ 500.00 Construction Administration RFI Responses $ 1,600.00 Civil Engineering $ 32,4oo.oo 1 Survey $ 2,800.00 Existing Conditions Plan $ 3,500.00 Grading and Drainage Plan $ 12,000.00 Erosion Control Plan/SWPPP $ 2,500.00 SWMP/HydroMod $ 5,000.00 Meetings $ 1,600.00 Bidding and Award Phase/Pre-Bid $ 500.00 Construction Administration RFI Responses $ 4,500.00 Electrical Scope $ 8,8oo.ooj Construction Documents $ 7,700.00 Exterior Lighting Design Title 24 Compliance Load Calculation Single Line Diagrams Board Schedules Specifications Plan Check Corrections Bidding and Award Phase Pre-Bid $ 550.00 Construction Administration RFI Responses $ 550.00 Project Close-out (as-builts, digital files) $ 4,000.00 Reimbursables $ 2,000.00 $ 68,800.00 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 4510 CA898 This Fifth Project Task Description and Fee Allotment, is entered into on kct!tv\,(oe,c Gf. .;to ( '1= , pursuant to an Agreement between RBF · Consulting, ("Contractor'') and the City of Carlsbad, ("City") dated November 281h, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall develop construction documentation and specifications for bidding purposes 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 November 6, 2014, {"proposal"), attached as Appendix "A" for the Calavera Hills Community Park Gateway Improvements, (the "Project"). The Project services shall include landscape, civil engineering and electrical plans, and 2004 CSI Master Format Specifications. 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 14 days working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 4 months or 120 calendar 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 seventy six thousand seven hundred fifty ($76, 750). City Attorney Approved Version 1/30/13 CA898 TABLE 1 FEE ALLOTMENT Construction Documents for Calavera Hills Community Park Gateway Improvements TASK GROUP FEE Develop Construction Documents and Specifications for Bidding $76,750.00 Purposes per Appendix "A" -Calavera Hills Community Park Gateway Improvements TOTAL (Not-to-Exceed) $76,750.00 Executed by Contractor this _ _.1,___ day of !2£"t£mBElL '20_i_!f.__. CONTRACTOR (name of Contractor) By:~~ (sign here) :U M 1JlLE:LC: , 1/Jt.C fR.£~PEIIIT (print name/title) (name Contractor) By: ~ &. A..L-- (sign here) (lht~d A. /4-,/n"'ry Jlrcr Se,'v (print name/title) t 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:~ ~ .ft6t:;t,. City Manager.er Desi~Aee Date: ______,_.\;.\"*-""] CS~J__._J Lf:-+---- Kathryn B. Dodson APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:4.5~~ City Attorney Approved Version 1/30/13 2 CA898 Appendix "A" Scope of Services Project: Calavera Hills Community Park Gateway Improvements General Based on the approved Northeast Lot Enhancements, Concept 'C', dated 09-25-14 (attached), RBF shall prepare the Construction Documents to be used for a public works bid and contract for the "Calavera Hills Community Park Gateway Improvements Project". The city Park Planner will be the project manager and will prepare the Public Works Contract front end document (boiler plate) and incorporate the plans and specifications, herein called "Construction Documents" as prepared by RBF (and their sub-consultants) in conformance with the City of Carlsbad requirements outlined below. Breakdown of work under this Scope of Services shall include the following: Landscape Architectural Scope of Services A. Construction Documents Phase -Landscape Hardscape Construction Plans: Plans shall include layout of pedestrian walks, picnic shelter pad, cross fit training stations and all paving areas as shown on the concept plan. Hardscape plans will also include construction details identifying appropriate materials and methods for the various landscape construction items. 1. Irrigation System Design: Irrigation plans shall include point of connection systems, layout, irrigation distribution, and automatic control features based on City of Carlsbad park irrigation standard materials and components. Irrigation system details, materials, schedules, and specifications will be provided to describe construction methods and details. The City of Carlsbad Parks Division will provide information on the existing park irrigation system including meter size and mainline pipe connections and existing controller information. New plans for the gateway improvements shall include all necessary irrigation equipment required for a fully operational irrigation system. 2. Planting Design: Plans shall include planting locations, plant materials list (schedule) to include size, spacing and quantities as well as all planting details pertinent for installation of various types of plant materials specified in the planting plans. 3. Shade Structures and Site Furnishings: Plans shall include selection and reference to shop drawings of pre-manufactured overhead shade structures and components. Site furnishings shall be in accordance with the city park standards for picnic tables, benches, drinking fountain, litter receptacles, BB-Q' and hot coal containers. The city's Parks Division currently does not have a standard for the cross fit equipment to be installed at the various cross fitness stations and will coordinate with the landscape architect on the final selection of cross fit equipment. 4. Meetings: Landscape Architect shall attend five (5) 2-hr coordination meetings (total of 10 hours) to meet with the city Park Planner in an effort to complete the construction document phase. 5. Specifications: Final landscape and irrigation specifications will be prepared and consistent with the 2004 Construction Specification Institute (CSI) Master Format. 6. Required bid documents submittal for the construction documents schedule is as follow: City Attorney Approved Version 1/30/13 3 CA898 a. Eighty percent (80%)-Provide city with 80% progress review plans of construction documents, including specifications and cost estimate. Cost proposal shall include revisions to the 80% plan check review comments as provided by the city. b. Final Plan Check Submittal and Review (1 00%) -Provide final plans for final review of the construction documents, specifications and final cost estimate. Cost proposal shall include estimated time to complete revisions to the final plan check review comments as provided by the city. B. Bidding and Award Phase -the scope of services during this phase of work will include the following tasks and services: 1. Attend a pre-bid conference to provide an overview of the project scope and answer any pre-bid questions. 2. At the request from the city, RBF shall assist the city in responding to various Requests for Information (RFis) and reviewing material submittals. It is estimated that there will be a total of eight (8) hours dedicated to these processes. Civil Engineering Scope of Services A. Construction Documents -The Civil Engineer shall prepare construction plans for the approved Northeast Lot Enhancements, Concept 'C', dated 09-25-14. This scope of work related to civil engineering plans includes the following items: 1. Existing Conditions Plan: the Engineer shall be provided a topographic map from the City's GIS department to utilize as a base sheet showing the existing topography, property boundary and existing utilities per the field topographic survey and as-built plans obtained from the City and any governing agencies. 2. Grading and Drainage Plan: The Civil Engineer shall prepare a Precise Grading and Drainage Plan for the proposed park project as part of the construction drawings plan set. The Park Planner will coordinate the submittal and review of the grading plans with the city Engineering Division. This scope of work will include an earthwork analysis with the intent of balancing the site and the design of the onsite storm water conveyance system. The plan will include storm water drainage tie into the existing storm water system or sheet drainage that works with proposed grading and site improvements. 3. Erosion Control Plan: A Tier 1 Storm Water Pollution Prevention Plan (SWPPP) will be required for this project. BMPs for water pollution prevention will be required, and a copy of the city's minimum requirements can be obtained from the project manager for use in completing the Tier 1 SWPPP for this project. The City of Carlsbad has a two tier storm · water review requirement for new construction of small projects similar to this park gateway improvement project. It is anticipated that this project will only require a Tier 1 erosion control plan. Civil Plans shall include the required storm water control and pollution prevention plan specifications, as deemed applicable by the City's Engineering Division. Contact Associate Engineer Jeremy Riddle at 760-602-2737 for any clarifications needed on these requirements. City Attorney Approved Version 1/30/13 . 4 CA898 Site Electrical Scope of Services The site electrical scope of work will include site power distribution, grounding, and lighting. The scope also includes site utility coordination, specifications, Title 24 Energy Code compliance forms, and bidding phase assistance and construction administration. A. Construction Document Phase Site Electrical Plans shall include plans and specifications suitable for bidding purposes, for a fully operational electrical system for the park improvements. The contract documents will conform to the standard of care for a project of this type, size, and complexity. ,The design and engineering for this phase of the work will comply with accepted electrical engineering practices and shall include the following : 1. Correspondence and coordination with San Diego Gas & Electric informing them of the new loads being added to the existing electrical service, if required. 2. Exterior lighting design will be completed, serving walkways, hardscape areas and other exterior areas identified. Lighting design will include foot-candle calculations, lighting controls, and light fixture selection for review by the city. The standards set forth by Illuminating Engineering Society (IES) will be followed. 3. The exterior lighting design will comply with the California Title 24 Energy Code (2013) and any outdoor lighting ordinances adopted by the local municipality. 4. Title 24 Energy Code exterior lighting compliance forms will be completed. 5. Branch circuiting of lighting and wiring devices will be completed. 6. Power distribution system will be designed including load calculations, voltage drop calculations and short circuit calculations. 7. Partial power distribution system single line diagram will be finalized showing related portions of the existing electrical distribution system along with the alterations and additions necessary to provide power to the new equipment. 8. Panel board schedules will be completed for any new panel boards along with the existing panel boards that are planned to be modified. 9. Specifications will be completed for all electrical components of the project. Specifications will utilize the 2004 CSI Master Format. 10. Opinion of Probable Construction Cost. 11. Agency review and plan check corrections will be completed. B. Bidding and Award Phase -the scope of services during this phase of work will include the following tasks and services: 1. Attendance at a pre-bid meeting. 2. Coordination of construction document clarifications and addenda. 3. Drafting of responses to the contractors' questions, via the addendum method. The city will conduct the direct communication with the contractors. City Attorney Approved Version 1/30/13 5 CA898 4. Review the contractors' bids and any substitutions proposed by the contractors. C. Construction Administration Phase -the scope of services for the Construction Administration Phase will include the following tasks and services: 1. Review of the electrical sub-contractor's submittals for conformance with the Construction Documents. 2. Respond to the electrical sub-contractor's questions and inquiries regarding interpretation of the plans and specifications. 3. Review the electrical contractor's testing results for compliance with specified parameters. 4. Attend a scheduled site visit near completion of the project, to review the installation and construction, in general, and compare the contractor's conformance with the Construction Documents. 5. Coordinate with commissioning of lighting control systems done by others (2013 Title 24 requirement). 6. Draft responses to all electrical related RFis and, at the city's request, attend site meetings and review materials submittals. It is anticipated that there will be a total often (10) hours dedicated to this work. Opinion of Probable Cost An estimate shall be prepared for construction of the entire project, excluding testing and inspection fees (The city has a standard percentage/formula and will add those fees on to the provided cost estimate). City Attorney Approved Version 1/30/13 6 CALAVERA HILLS COMMUNITY PARK GATEWAY IMPROVEMENTS Task Order Breakdown prepared by: RBF Consulting Landscape Architecture $ 34,1oo.oo 1 Hardscape Construction Documents $ 12,000.00 Irrigation System $ 7,500.00 Planting Plans $ 4,000.00 Shade and Site Furnishings $ 4,000.00 Meetings $ 2,000.00 Specifications $ 2,500.00 Bidding and Award Phase/Pre-Bid $ 500.00 Construction Administration RFI Responses $ 1,600.00 Civil Engineering $ 23,6oo.oo I Existing Conditions Plan $ 6,000.00 Grading and Drainage Plan $ 11,000.00 Erosion Control Plan/SWPPP $ 5,000.00 Meetings $ 1,600.00 Electrical Scope $ 17,o5o.oo 1 Construction Documents $ 13,200.00 Exterior Lighting Design Title 24 Compliance Load Calculation Single Line Diagrams Board Schedules Specifications Plan Check Corrections SDG&E Coordination $ 1,650.00 Bidding and Award Phase Pre-Bid $ 550.00 Construction Administration RFI Responses $ 1,650.00 Reimbursables $ 2,000.00 $ 76,750.00 Ep' THE ENGINEERING PARTNERS, INC. CONSVLTING ENGINEERS 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 91121 (858) 824·1 761 FAX (858) 824·1768 FEE RATE SCHEDULE Rate Category Hourly Rate Principal $175 Project Manager $145 Staff Engineer $125 Designer $110 Drafting $ 80 Administrative $ 65 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.4 PROJECT NO. 6320 CA898 and Fee Allotment, is entered into on -i'J~'.J.+.U::.~~~L.::.~.L.JZL.::.:.J.:..__--=-=-----:::-' pursuant to an Agreement between RBF Consulting, a California corpora 1on, ("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 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 September 17, 2014, ("proposal"), attached as Appendix "A" for Rutherford Road and Priestly Drive Striping, (the "Project"). The Project services shall include signing & striping design and preparation of plans and a cost estimate for Rutherford Road and Priestly Drive. 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 one (1) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred (100) 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 lump sum. Progress payments shall be based on percent complete basis. 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 IIAII. 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 $9,000. City Attorney Approved Version 1/30/13 CA898 TABLE 1 FEE ALLOTMENT RUTHERFORD ROAD AND PRIESTLY DRIVE STRIPING TASK GROUP LUMP SUM FEE Preparation of Plans and Cost Estimate $9,000 TOTAL (Not-to-Exceed) $9,000 Executed by Contractor this ____ day of ____________ , 2014. CONTRACTOR RBF Consulting, a California corporation (name of Contractor) By: ~ ~.? 'LJ1t/(sign here) 'lim-nlJEte-. Jrc.£ P/?.f:-!:>z DENT (pri'nt name/title) RBF Consulting, a California corporation (name of Contractor) By:&~MLL (sign herE?) ~llr121cd A L&z61~ 6% >:;c,-~~7 (print name/ti e) 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: ~ b ~ Date: \1 (lA (tAr Gity MaRager er Director Patrick Thomas APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY A{/!2.L~ Assistant City Atto ney City Attorney Approved Version 1/30/13 2 September 17, 2014 Mr. Doug Bilse, T.E. City Traffic Engineer Transportation Division City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 II:'-~ A--Company MICHAEL BAKER INTERNATIONAL ~ \ Subject: Rutherford Road and Priestly Drive Striping Dear Mr. Bilse: Appendix A RBF Consulting, a company of Michael Baker International (RBF) is pleased to submit our proposal for Civil/Traffic Engineering Services associated with the above-referenced project. The scope and fee reflects the effort required to prepare plans for striping modifications on Rutherford Road and Priestly Drive. Attached is our Scope of Services and Fee, Attachment A. Thank you for the opportunity to provide this proposal and look forward to working with you again. Please feel free to call if you have any questions at (760) 603-6243. Sincerely, Timothy M. Thiele, PE Vice President Attachment A -Scope of Services Page 1 of 2 RBF Consulting Contract Agreement for Rutherford Road and Priestly Drive Striping Appendix A Scope of Services Project Description September 17, 2014 Prepare plans for signing and striping modifications on Rutherford Road and Priestly Drive to add Class II bike lanes to both roadways. Currently both Rutherford Drive and Priestly Drive provide one travel lane in each direction with a center left-turn lane. On-street parking is prohibited along Rutherford Drive and along a portion of Priestly Drive. The design would include buffered bike lane striping and signs for the portion of Rutherford Drive between Faraday Avenue and Priestly Drive and for the portion of Priestly Drive between Faraday Avenue and Rutherford Drive, a total distance of about one mile. Task 1 -Fieldwork and Base Mapping Consultant will prepare the base plan by drawing the existing curb lines, back of walk, and lane striping using aerials photos and by taking field measurements to verify dimensions. Task 2 -Striping Cross Section Approval Consultant will submit a striping cross-section to City staff for approval for each road before beginning the plan design. Task 3 -Signing and Striping Plans The design for each roadway will include a buffer zone between the bike lane and adjacent vehicle lane, except for the portion of Priestly Drive where parking is allowed on-street and the width is insufficient for a buffer zone. RBF will prepare signing and striping plans for signing and striping modifications on Rutherford Road and Priestly Drive. Consultant shall anticipate two submittals (90% and 1 00% pre-final) for review, followed by final plans signed by a registered Civil Engineer. Additional submittals will be made on a time & materials basis with prior written authorization. The plans will be prepared at a scale of 1"=40'. Plan submittals shall consist of three (3) sets of 24" x 36" sheets for review. Plan sheets will include (1) title sheet with general notes, vicinity map, and legend items and up to three (3) signing and striping sheets. Fees We estimate a fee of $8,800 to complete these services, and $200 for reimbursable items such as prints. Total fee; $9,000.00 Additional Services Services, which are not specifically identified herein as services to be performed by RBF or its consultants are considered "Additional Services" for purposes of this Agreement. Client may request that RBF perform services, which are Additional Services, however, RBF is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Service. In the event RBF performs Additional Services at the Client's request before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at RBF's standard rates, within 30 days of receipt of RBF's invoice. Page 2 of 2 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 6619 CA898 Fee Allotment, is entered into on ~~~L,I' ...... ..~Li:...;;.:::....e;;JL.c-....L.--;;c=.,~@-~"'""~-· pursuant to an Agreement between RBF Con ing, a California corporati n, ("Co tractor'') 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 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 September 10, 2014, ("proposal"), attached as Appendix "A" for Buena Vista Creek Fence, (the "Project"). The Project services shall include civil design and preparation of plans, specifications and cost estimate for Buena Vista Creek Fence. 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 one (1) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred (100) 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. 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 $8,440.00. City Attorney Approved Version 1/30/13 CA898 TABLE 1 FEE ALLOTMENT CONSTRUCTION SUPPORT TASK GROUP T&M FEE Prep_aration of Plans, Sp_ecifications and Cost Estimate $8,440 TOTAL (Not-to-Exceed) $8,440 Executed by Contractor this 2-"Z-day of_----"-~.-::<Ct?-.<j#phJ=L....:::f&l::...:..L.uf?er~o::::a.....----' 2014. CONTRACTOR RBF Consulting, a California corporation RBF Consulting, a California corporation (name of Contractor) By: --ru ~ ~sign here) ,tYI ---Thie-le,, 'VJc.e. ~?icle.ar A. Rubin, Assistant 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. CITY OF CARLSBAD, a mun· ipal corporation of the State of California By: Date: _ _.Cf_,..._1...___.9_-__,/'--+Cf-- APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY: J()f..L~ AsSiStant City AttOrY City Attorney Approved Version 1/30/13 2 Exhibit "A" September 10, 2014 Ms. Sherri Howard 1635 Faraday Avenue Carlsbad, CA 92008-7314 • • • A .. Com~ny Mlt.IL\lL IWI11liHlliiNIIIIOHAI. ~~ Subject: Buena Vista Creek Fence ( L;?to\0(.) Dear Ms. Howard: RBF Consulting, a company of Michael Baker International (RBF) is pleased to submit our proposal for Civil Engineering Services associated with the above-referenced project. The scope and fee refleds the effort required to prepare improvement plans that include fencing along Buena Vista Creek. Cost Attached are our Scope of Services, Attachment A and Proposed Compensation, Attachment B. Thank you for the opportunity to provide this proposal and look forward to working with you again. Please feel free to call if you have any questions at (760) 603-6243. Sincerely, Timothy M. Thiele, PE Enclosures Page 1 of2 RBF Consulting Contract Agreement for Buena Vista Creek Fence Task 1 -Improvement Plans Attachment A Scope of Services September 1 0, 2014 RBF will prepare improvement plans for the addition of a fence along the south side of Buena Vista Creek. The plans will be prepared at a scale of one-inch equals twenty feet (1"=20') with accompanying details. Submittals of the improvement plans will be made at 75% and Final. Improvement plans will indicate horizontal location of the fence and location of vehicle and man- gates. Plan submittals shall consist of five (5) sets of 24" x 36" sheets. Plan sheets will include Title Sheet, Index Map, Typical Cross Section Sheet, Construction Details Sheet, and Street Improvement Plan and Profile Sheets. Task 2 -Opinion of Probable Construction Costs RBF will provide an opinion of probable construction costs in Microsoft Excel spreadsheet format that will include bid item description, bid unit, bid quantity, unit price, and total price for each bid item. The spreadsheet item description will correspond with the Bid Schedule item description to be used when advertising the project for construction bids. The opinion of probable construction costs will be submitted at 75% and Final. Task 3 -Project Coordination Meetings will include 2 project meetings, a constructability review meeting, and site plan check walk with Engineering staff. RBF shall prepare meeting minutes that include pending and completed items, and shall distribute to all attendees. QA/QC and updated design schedules are also included in this task. Aclditional Services Services, which are not specifically identified herein as services to be performed by RBF or its consultants are considered "Additional Services" for purposes of this Agreement. Client may request that RBF perform services, which are Additional Services, however, RBF is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Service. In the event RBF performs Additional Services at the Client's request before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at RBF's standard rates, within 30 days of receipt of RBF's invoice. Page 2 of2 ATTA~.-•• _,_,.ti"B" RBF CONSULTING PAYMENT SCHEDULE NO.OI' SHEETS UllJI\ -I.UU I-I I Pl8IIS I.D1 175'lft I.DZ 11DII'It !.DD Dllinion~-eo.!& l.DD IP-' TQTAL •fiNAL Buena Vista Creek Fence =~ $2110 per hour -J $41111 S2QD ~ . , ....... :~ $141 per hour -J 1D 11.41111 -1592 .... ........ e=.. $17 perhour -J 211 5Z.T1G 51.1114 4U P.IIIJU H:\COMMON\BUS_OEV\OO_Proposals\City of CartsbadiBuena Vi1111 Creek Fence\Admin\Proposai\Buena Vil1a Creek Fence Attachment B Fees_9-1D-14.llls 9f11t:l014 : I . • • A ll!!ac:omp.ny "ICHA(l &.\Kft I>ITfi.IUTIOOIAL t~) S~REW WTAI. $ZiiO per hour ttOUnl iii -J 4D :31: 19 -.~ $41111 ID 7D -- Paget PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 4012 CA898 This and Fee Allotment, is entered into on -=--"""""'-~"'-"~~""""-r~;.....J.or.....r=""""'-'~~--~-· pursuant to an Agreement between RBF Consulting, a Calif nia co oration, "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 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 23, 2014, ("proposal"), attached as Appendix "A" for Coastal Rail Trail Reach 1, (the "Project"). The Project services shall include construction support and engineering services for Coastal Rail Trail Reach 1. 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 one (1) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred sixty (160) 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. 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 TABLE 1 FEE ALLOTMENT CONSTRUCTION SUPPORT TASK GROUP T&M FEE Construction Support $10,000 TOTAL (Not-to-Exceed} $10,000 Executed by Contractor this 5-\-h day of £fu,4 CONTRACTOR '20_11:_. RBF Consulting, a California corporation (name of Contractor) By: -rf ~ ~(sign here) }i 01 :Th 1 eJ & i· ce.-Pre-s. (print name/title) RBF Consulting, a California corporation By:~ (sign re) tflrcke-f J. t5ur-/cz 0J:ec.u.cclreJtrle.-r (print namGttitle) 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 Date: ___;_)~-_{---l<:(_-_1 !{ __ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 APPEtWIX f, P.lt-f CONSULTING A~Company JN: 55-100827/131137 Date: January 23, 2014 CONSTRUCTION SUPPORT for Carlsbad Coastal Rail Trail (CRT): Reach 1 Client: City of Carlsbad Work Requested By: Jon Schauble Estimated Fee for Additional Work: $10,000 Summary of Additional Work: RBF Consulting shall provide construction support for the Carlsbad Coastal Rail Trail, Reach 1 improvement project. Work listed below will be billed on a time and material basis, at the not to exceed amount of $1 0,000. Construction Support (Time & Materials) The RBF team will review field design changes, Requests for Information (RFI) and construction issues for the duration of construction. RBF will prepare the construction changes necessary during the construction phase of the project. All RFis will be answered or addressed within two working days of receipt of the RFI. Reimbursables Reimbursables shall be billed at cost plus 1 0%. Total sum of Time & Materials and Reimbursables shall not exceed $10,000, unless prior written authorization and change order is issued by the City. Prepared By: -=~:::::--:-:----::----:---:-:---------------------­ Tim Thiele, Project Manager Authorized By: ___________________________ _ H:\PDATA\551 00827\Adminlcontract\AWR\827awr002_ Construction Support_ T&M. doc PLANNING • DESIGN • CONSTRUCTION 5050 Avenida Encinas, Suite 260, Carlsbad, California 92008-4386 # 760.476.9193 # FAX 760.476.9198 Offices located throughout California, Arizona & Nevada www.RBF.com PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 3455 CA898 roject 1?sk and Fee Allotment, is entered into on v, , pursuant to an Agreement between RBF =::-:":"'7f:in~g .. , -<::.,o>;:C;-:a71if<"o'='rn'-,ia-'7c._.o""rp"'o"'ra"":t~io ... n'-, -;("'"C"""o-n-,-tr-a-ct,-o""""'r"') and the City of Carlsbad, ("City") dated mber 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide engineering consulting 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 June 13, 2013, ("proposal"), attached as Appendix "A" for the Coastal Rail Trail Reach 1, (the "Project"). The Project services shall include revisions to engineering plans, specifications and cost estimate. 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 one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred twenty (120) 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 $16,000. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT ENGINEERING CONSULTING SERVICES · TASK GROUP . ,· ... . . LUMP SUM FEE'···· Additional work after 100% submittal $9,000 Revisions to Pplans, specifications, and cost estimate $6,000 Reimbursable expenses $1,000 TOTAL (Not-to-Exceed) $16,000 Executed by Contractor this 2 !12 day of -----'::::r""-'d~!l---------' 20~. CONTRACTOR 0 RBF Consulting, a California corporation (name of Contractor) By:~('VI · s1g here) +\"'\ Sr\/.P. RBF Consulting, a California corporation (name of Contractor) By:~ /:;;. d.L' (sign her{) &,·,),~d A. {?....!.,~ ksx 2~r¥ (print name/title) I 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 ~ o.re *'Js APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~j-~ SSiStant cit}IAitoey Cily Attorney Approved Version 1/30/13 2 Client: APPENDIX A II II II CONSULTING JN: 55-100827.001 Request No. -71--~~~~----­ June 13, 2013 ADDITIONAL WORK REQUEST# 1 Carlsbad Coastal Rail Trail: Reach 1 City of Carlsbad Work Requested By: Jonathan Schauble Estimated Fee for Additional Work: $15,000 Task 1: Additional Work Completed to Date ............................................................. $9,000.00 Per email correspondence dated December 7, 2012, RBF has utilized the entire budget for the Coastal Rail Trail Reach 1 Improvement Plans. 60% Plans were submitted on June 26, 2012; RBF responded to all comments and resubmitted 100% Plans on September 17, 2012. Since the September 171h submittal, additional comments have been received requiring redesign of the project. The following is a list of out of scope changes requested and the work involved to address each item: 1. Shift path in Oceanside to eliminate grading outside of the right-of-way: Update improvement plans, demo sheets, and typical cross-sections. 2. Revise barrier type: Create three additional construction details, revise the improvement plan cal louts, and update typical cross-sections. 3. Revise overall cross-section, to provide a 6' wide at-grade sidewalk (previously designed to be 5' wide): Update improvement plan call-outs, and revise signing and striping plan to shift all of the lanes, 1' west. 4. Add inlets within RBT: Revise improvement plans and updated the project drainage report (additional analysis required). 5. Remove bio-strips. Update improvements plans, and landscape and irrigation plans. 6. Plant palette revision: Update landscape and irrigation plans. 7. Add two new hardscape details: (1) Paver detail, (1) Colored concrete detail. Create new details, update construction notes and plan call outs. H:IP DA T A\551 00827\Admin\contract\AWR\827 awr001_ Add I Work_ Rev1 doc PLANNING • DESIGN • CONSTRUCTION 5050 Avenida Encinas, Suite 260, Carlsbad, California 92008-4386 • 760.476.9193 • FAX 760.476.9198 Off1ces located throughout California, Arizona & Nevada ~V'!.'!Y;• RGF J;QC!_l_ 8. Add curb, gutter and sidewalk in front of Home Plant Lift Station: Update improvements plans, inclUding grading plan and TC callouts. 9. Update cost estimate per changes noted above. 10. Update bid items descriptions per changes noted above. The work effort involved here was approximately 68 hours between the project engineer and landscape architect. For project management purposes, it would have been impracticable for us to have foreseen these revisions and budgeted for changes requested (and work required) after the 100% submittal. Task 2: Response to Future Comments .................................................................... $6,000.00 Moving forward, the following agencies and organizations will be review and commenting on the designs while gaining approval through the environmental phase; Coastal Commission, Caltrans, the City of Oceanside and other various resource agencies. The extent of the comments and changes required to the plans is undetermined at this time; therefore a budget of $9,000 is included with this additional work request. Prepared By: -=:--=-:-:--:::--:--.,-:-::-----------------------Tim Thiele, Project Manager Authorized By: ___________________________ _ H: \PDAT A\551 00827\Admin\contract\AWR\827 awr001_ Add I Work_ Rev1_doc PLANNING • DESIGN • CONSTRUCTION 5050 Avenida Encinas, Suite 260, Carlsbad, California 92008·4386 • 760.476.9193 • FAX 760.476.9198 Offices located throughout California, Arizona & Nevada \NWw.RBF._gom MASTER AGREEMENT FOR CIVIL AND TRAFFIC ENGINEERING SERVICES (RBF CONSULTING) CA898 ( :rtJ!S AGREEMENT is made and entered into as of the ~p~ day of __ 77~.__......;.;.;::~-=---• 20 /..t ,· by and between the CITY OF CARLSBAD, a municipal corpO?ation, hereinafter referred to as "City", and RBF CONSULTING, 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 (10) 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. City Attorney Approved Version 2/17/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed two hundred thousand dollars ($200,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($100,000). 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. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHERCONTRACTORS 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. 1 0.1.1 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. 1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 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 2/17/12 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 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 Tim Thiele Project Manager 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008-4386 (760) 603-6243 tthiele@rbf.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 7 City Attorney Approved Version 2/17/12 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 27 CONTRACTOR RBF CONSULTING, a California corporation (lrl::a ,'--~e) 'jo-f ~ilpjj~(a.,?e;~~~,c\J= By: ~ (print name/title) day of __ s<,..;;..f..a..pp'-"t: _____ , 20 1"2. . CITY OF CARLSBAD, a municipal corporation of the State of California By: ~J!Jilf 't(t Mayor ATTEST: LO~tr ~15 d'~ City Clerk 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 CIVIL CODE § 1189 State of California Countyof ~ DlEGtO On fl j ~;!/I i)._ personally appeared Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name(e) is/aFe- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltReir authorized capacity(ies), and that by his,lhsr/tReit signature(~) on the instrument the person(~. or the entity upon behalf of which the person(e1 acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Signature: ----'-':.._:_~--='-------::::-n-=---=-:-:·~.,...=-· ==::--:-~:'---"=------­ si9nature of Notary Public --------------------OPTIONAL------------------------ 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. Description of Attached Document . . . . 1 Title or Type of Document: f{\)¥;)TB2. ~,Zk::'t?"tneJT EJ...it-....,See.v ICE'S-6ry DF ~ Document Date: Nor }:>l1'rEO@T~m~ oF StG.N;N<Q Number of Pages: 8 Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) c. -r-M Signer's Name: :.XOTT" 1 S, Lof2- 'i;iL..Corporate Officer-Title(s): \1 1C,.E. W.kSiDB-lT [l Individual C Partner -D Limited D General RIGHT THUMBPRINT OF SIGNER Top of thumb here ~ i~;~_:_";_~_~_:_:_:_se_rv_at_o_r __ 0fD Signer Is Representing: ___ _ Signer's Name: ____________ _ 0 Corporate Officer-Title{s): _______ _ D Individual D Partner -D Limited D General D Attorney in Fact D Trustee Ll Guardian or Conservator LJ Other: ________ _ Signer Is Representing: ___ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association· NationaiNotary.org • 1·800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California } Orange Coun~of __________________________ __ on September 28, 2012before me, Kim Hartsfield, Notary Public Date Here Insert Name and Title of the Officer personally appeared _______ M __ ic_h_a_e_I_V_. _V_a_le_n_z_a __ =:w-:~=:--------------------- Name(s) of Signer(s) KIM HARTSFIELD Commission # 1824540 Notary Public -California !_ Orange County Comm. Expires Nov 25.2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~is/~ubscribed to the within instrument and acknowledged to me that he/s'bQ/t~ executed the same in his/bM/~ authorized capaciM~ and that by his/b&rltbsir signature~on the instrument the person(lq... or the entity upon behalf of which the person~acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 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. Description of Attached Document M ter Agreement -City of Carlsbad TWeor~pe~Docume~:~~~a_s~~~~~~~~~~~~~~~~~~~~~~~~~~~- Document Date:~~~~~~~~~~~~~~~~~~-Number of Pages:~~~~~~~~- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __ _.Mcli.Ll.!ic ..... h....,a""e,._,_l V~. _,V:....:a=l=e..:...n=z=a __ 0 Individual ox;orporate Officer-Title(s): Vice President 0 Partner -0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ________ _ Signer Is Representing: ___ _ RBF Consulting RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:~~~~~~~~~~~~~~- 0 Individual 0 Corporate Officer-Title(s): ~~~~~~~~-- 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:~~~~~~~~~~- Signer Is Representing:~---- RIGHT THUMBPRINT OF SIGNER Top of thumb here • ©2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 ,. .. , .. , .. , .. , .. ,. .. , ... ,. ... ,. .. , .. , .. ,. .. ,. .. , .. , .. ,. •• "' •• ,. ... , ... , a. "' .. ~ ... ~ {IT Y 0 f CARLSBAD CONSULTING A-(OIRPf'P';' EXHIBIT A RATE SCHEDULE The rate schedule below indicates hourly billing rates for each member of the project team. These rates will be valid from the date of delivery of this SOQ (May 23, 2012} through December 31, 2015 . OFFICE PERSONNEL $/hour Principal I Vice President ............................................................... 225.00 Project Manager ............................................................................ 195.00 Task Manager ................................................................................ 180.00 Project Engineer ............................................................................ 145.00 Landscape Architect.. ..................................................................... 145.00 Transportation Planner .................................................................. 135.00 Design Engineer ............................................................................. 135.00 Designer/Planner ........................................................................... 118.00 FIELD PERSONNEL $1 hour 2-Person Survey Crew .................................................................... 250.00 Licensed Surveyor .......................................................................... 175.00 Field Supervisor ............................................................................. 170.00 OTHER SERVICES AND FEES $/ hour Clerical/Word Processing ................................................................. 63.00 Vehicle Mileage ........................................................................ 0.60/Mile Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 10%. A subconsultant management fee of 10% will be added to the direct cost of all subconsultant services to provide for the cost of administration, subconsultant consultation and insurance. DiGITAL Pm:vn:vv The rate schedule below indicates hourly billing rates for each member of the project team. These rates will be valid from the date of delivery of this SOQ (May 23, 2012) through December 31, 2015. PERSONNEL $/hour Project Manager ............................................................................ 110.00 OTHER SERVICES AND FEES $1 hour Vehicle Mileage ........................................................................ 0.60/Mile Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 10%. 16 WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: Marshall Plantz/Transportation, Bill Plummer/Utilities (Name and Department) October 1 2012 Date Proposed modification(s) to the Prof. Liability (Type of insurance) D Reduce coverage to the amount of: D Waive coverage requirement(s) for Master /Civil & Traffic Engr Svcs-CA898-City; RBF CA899-CMWD Master/Storm Water Engr Svcs-CA905-City; CA907-CMWD (Name of contract) IZJ Other: Waive requirement of surplus lines carrier on the LASLI (formerly LESLI) FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) 0Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality ofthe work-product. [explain] ------- 0Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number ofcandidates RFP sent to and number responded ifapp/icable} __________ _ 0Contract Amountfferm of Contract: $ __ . Work will be completed over a period of __ 0Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ ~xp~i~. ------------------------------------------------ IZ!Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Under the Nonadmitted and Reinsumnce Reform Act (NRRA), as part of the Dodd-Frank Act and implemented in Insurance Code Section 1765.1. "alien" nonadmitted insurers listed on the NAIC's (National Association of Insurance Commissioners) Quarterly List of Alien Insurers are eligible to accept placements of California risks from surplus lines brokers. The federal action provides for the national listing, thereby allowing alien carriers to avoid individual filing requirements in each state such as those to be included on the LASLI (formerly LESLI). As of January 30. 2012 Lloyds of London/Beazley syndicate voluntarily removed itself from the LASLI. electing to rely on inclusion on the Quarterly List of Alien Insurers to provide insurance for California risks from surplus lines brokers. Lloyds has made a filing in California that permits the Department oflnsurance to "recognize" Lloyd's syndicates in the event of an inquiry from a broker or a member ofthe public. However. the extent to which standards for a surplus lines carrier on the LASLI (List of Approved Surplus Lines Insurers) versus those on the Quarterly List of Alien Insurers is unclear as of the writing of this waiver and in recent articles appearing in the Insurance Journal it appears that the state's implementing legislation has resulted in issues that may need to be resolved in court. In any case, there is c-onfusion among brokers and clients because there are now 2 lists in the state, one with "approved" surplus lines carriers and the other. the national list of"eligib1e" surplus lines carriers. Apparently Lloyds is trying to work with the state to sort out some of the confusion ad it can be anticipated that there will be more to come on this matter. In the meantime, Lloyds of London/Beazley syndicate has and continues to be the carrier for RBF for its professional liability insurance, it was on the LASLI until it requested removal. and it is the carrier for the contractor with significant ongoing proiects in the City. It is requested Lloyds of London!Beazley svndicate be accepted as the carrier for professional liability insurance for RBF. Approved by Risk Manager for these 4 contracts only: /D-;0-zotz (Signature) (Date) 1-t\WORD\Insurance\Admin Order #68 waiver modify insurance requirements.doc 06/15/2006