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RBF Consulting; 2006-08-14; PWENG530
PWENG530 AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR POINSETTIA COMMUNITY PARK (RBF CONSULTING) X7 Thj§ Amendment No. 5 is entered into and effective as of the 0<^ day of _, 2009, amending the agreement dated August 14, 2006 (the "Agf£ero6nt") by and between the City of Carlsbad, a municipal corporation, ("City"), and RBF CONSULTING, a California corporation, ("Contractor") (collectively, the "Parties") for professional engineering services for Poinsettia Community Park Phase IIA. RECITALS A. On August 7, 2007, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B. On November 8, 2007, the Parties executed Amendment No. 2 to the Agreement to add service during construction for the tennis courts and design services for the adjacent parking lots; and C. On August 7, 2008, the Parties executed Amendment No. 3 to the Agreement to extend the Agreement for a period of one (1) year and add services during construction for the parking lots; and D. On January 6, 2009 the Parties executed Amendment No. 4 to the Agreement to add survey and design services for pedestrian ramps to meet Americans with Disabilities Act Standards; and E. The Parties desire to alter the Agreement's scope of work to add additional electrical services; and F. The Parties desire to extend the Agreement for a period of one (1) calendar year. G. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed one thousand two hundred dollars ($1,200). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by August 14, 2010. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version #05.22.01 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR RBF CONSULTING, corporation California CITY corpopati *By:r*~<-«f signMe(sign Here) CARLSBAD, a f the State of Califo By: Gary Armstrong, Senior Vice President (print name/title) garya@rbf.com (e-mail address)ATTEST: LORRAINE City Clerk J. Robert Crawford. (e-mail address)'V.tL'X If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:MA a^r- Deputy City Attorney^ City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 30, 2009 Date personally appeared before me,Kim Hartsfield, Notary Public Here Insert Name and Title of the Officer Gary Armstrong and J. Robert Crawford Name(s) of Signer(s) KIM HARTSFIELD W Commission * 1824540 I Notary Public • California z Orange County ~ y Comm. Expires Nov 25.20121 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ^/are subscribed to the within instrument and acknowledged to me that tyG/gKe/they executed the same in Ofe/b^r/their authorized capacity(ies), and that by bfe/hjgr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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 Title or Type of Document: Contract agreement Document Date:June 30, 2009 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) signer's Name: Gary Armstrong signer's Name: J. Robert Crawford D Individual LJ Individual S^tJ^tT/V ^ corporate officer — Titie(s): Sr. Vice-Presldent ^Corporate officer — Titie^Exec. Vice-President G Partner — IJ Limited D General i.iuiLAjii|m-i.j.||uj D Partner — J Limited Z General RIGHTTHUMBPRINT OF SIGNER Trustee Guardian or Conservator Other: Signer Is Representing:. RBF Consulting Top of thumb here D Trustee D Guardian or Conservator :: Other: Signer Is Representing: ©2007 National Notary Association • 9350 Oe Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" RBF Consulting SCOPE OF WORK POINSETTIA COMMUNITY PARK Phase 2B - Parking Lots Lighting Analysis and Re-Design RBF's subconsultant, Wright Engineering, shall perform the electrical engineering services described in the attached scope of work. RBF has marked up their proposal 10% for RBF's coordination and management to make the total amendment as follows: WORK TASK Additional Electrical Engineering Services ............................................................................... $1,050 RBF's Coordination and Management ........................................................................................ $150 TOTAL FEE .................................................................................... . .................................... $1,200 SCOPE OF WORK June 19,2009 Phase 2B Parking Lots at Poinsettia Community Park Page 1 ill WRIGHT Chandler, AZ 85225 ENGINEERING Phone:(480)497-5829 CORPORATION Fax: t480) 497-5807 Additional Service Agreement 165 East Chilton Date: 6/19/2009 To: RBF Consulting 14725 Alton Parkway j Irvine, CA 92618 j F Attn: Jeremy Franzini i Project Name/WEC#: Poinsettia Park Parking Lot Lighting #08059 Professional Services: The additional scope of: 1. Provide additional photometric analysis for the two new, small parking areas. This will included analyzing available products that utilize an induction lighting source, and that meet the aesthetics of the site. 2. Modify current construction documents to incorporate new lighting specifications. Fee for Additional Services: $1050.00 Estimated Completion: 10 Working Days from receipt of signed contract If this meets with your approval, please sign in the space provided below and return the original to Wright Engineering so that these services may be begun. Please keep a copy of this for your records. i Wright Engineering, Corp. RBF Consulting j IJ (^ I k-//~ Signature: /*\ ^jtfvJfM Signature: By: R. SCott Wrigift, P.E. By: Title: President Title: Date: 6/19/2009 Date: PWENG530 AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR POINSETTIA COMMUNITY PARK PHASE HA (RBF CONSULTING) mendment No. 4 is entered into and effective as of the JJ day of / r/mLv- _ , 200_9_. amending the agreement dated August 14, 20061fne Agreement") Iby and between the City of Carlsbad, a municipal corporation, ("City"), and RBF ^CONSULTING, a California corporation, ("Contractor") (collectively, the "Parties") for professional engineering services for Poinsettia Community Park Phase IIA. RECITALS A. On August 7, 2007, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B. On November 8, 2007, the Parties executed Amendment No. 2 to the Agreement to add service during construction for the tennis courts and design services for the adjacent parking lots; and C. On August 7, 2008, the Parties executed Amendment No. 3 to the Agreement to extend the Agreement for a period of (1) year and add services during construction for the parking lots; and D. The Parties desire to alter the Agreement's scope of work to add survey and design services for pedestrian ramps to meet Americans with Disabilities Act standards; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed two thousand nine hundred seventy three dollars ($2,973). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by August 14, 2009. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR RBF CONSULTING, a California corporation *By: CITY OF corporatio \(iign here) John Andrew Vice President (print name/title) 1andrewgrbf.com (e-mail address) ARLSBAD, a m te .ORRAINE M. City Cletk Douglas J. Frost. Exec. VP & CFO (print name/title) dfrost@rbf.com (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Bv: Deputy City Attorney City Attorney Approved Version #05.22.01 EXHIBIT "A" RBF Consulting SCOPE OF WORK POINSETTIA COMMUNITY PARK Phase 2B - Parking Lots Pedestrian Ramps Survey and Design RBF shall obtain additional survey information for one pedestrian ramp on the west side of the park access road and for the existing trees on the southwest side of the park access road. Additionally, RBF shall redesign the six existing pedestrian ramps at the park entrance to meet current ADA standards. WORK TASK Additional Survey , $440 Pedestrian Ramp Design $2,533 TOTAL FEE ZZ .IZTZI $2,973* *Services shall be billed on a time and materials basis not to exceed the total fee amount. SCOPE OF WORK December 4,2008 Phase 2B Parking Lots at Poinsettia Community Park Page 1 City of Carlsbad Poinsettia Park Parking Lots Description Additional Survey Pedestrian Ramps Design Landscape Architect / Project Manager $130 0.5 0.5 Senior Civil Engineer S155 0 1 Project Engineer $125 1 0 Design Engineer $99 0 7 Assistant Engineer / Designer $81 0 20 One-Person Survey Crew $125 2 0 Total Hours 3.5 28.5 Total Cost $440 $2,533 - • $2,973 Grand Total PWENG530 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR POINSETTIA COMMUNITY PARK PHASE IIA (RBF CONSULTING) This^ Amendment No. 3 is entered into and effective as of the ' day of , 200^_, extending and amending the agreement dated_ August 14, 2006 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and RBF Consulting, a California corporation, ("Contractor") (collectively, the "Parties") for professional engineering services for Poinsettia Community Park Phase IIA. RECITALS A. On August 7, 2007, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B. On November 8, 2007, the Parties executed Amendment No. 2 to the Agreement to add service during construction for the tennis courts and design services for the adjacent parking lots; and C. The Parties desire to alter the Agreement's scope of work to add services for construction administration for the parking lots; and D. The Parties desire to extend the Agreement for a period of one (1 ) calendar year. E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed ten thousand dollars ($10,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by August 14, 2009. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 PWENG530 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR RBF CONSULTING, a California corporation *By: CITY OF corporation Jgn here) John Andrew Vice President By: ATTEST: (print name/title) jandrew@rbf.com (e-mail address) ^fsign here) J. Robert Crawford Secretary UNE City Clerk (print name/title)'^:^i^^^S', ••i^a,*^' "k-^"x/. ^ •&• * .\^ bobcflrbf .mm (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #05.22.01 EXHIBIT "A" RBF Consulting SCOPE OF WORK POINSETTIA COMMUNITY PARK Phase 2B - Parking Lots Construction Administration RBF shall provide construction phase design support services on a time and materials basis as requested by the City. It is assumed that the City will use its own Construction Superintendent to oversee the project construction and RBF's duties and responsibilities at the Project site will be in a support role to the City in dealings with the Contractor. Task RBF shall review and respond to questions, submittals, and RFI's, including receipt, review, and appropriate action on shop drawings, product data, samples, and other submittals for conformance with the intent of the Contract Documents. Additionally, if requested by the City, RBF shall attend field meetings to observe the progress of the work and report on the construction's substantial compliance to the plans and specifications prepared by RBF. WORKTASK HOURS Construction Administration 80 $9,600 Expenses $400 TOTAL FEE $10,000* *Services shall be billed on a time and materials basis not to exceed the total fee amount. SCOPE OF WORK July 14,2008 Phase 2B Parking Lots at Poinsettia Community Park Page 1 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR POINSETTIA COMMUNITY PARK PHASE MA (RBF CONSULTING) This Amendment No. 2 is entered into and effective as of the Q day of f)utsrn b£jeJ 2007, amending the agreement dated August 14, 2006 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and RBF Consulting, a California corporation, ("Contractor") (collectively, the "Parties") for professional engineering services for Poinsettia Community Park Phase MA. RECITALS A. On August 7, 2007, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B. The Parties desire to alter the Agreement's scope of work to add service during construction for the tennis courts and design services for the adjacent parking lots; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibits "A" and "B", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibits "A" and "B". 2. City will pay Contractor for all work associated with those services described in Exhibits "A" and "B" on a time and materials basis not-to-exceed one hundred twenty seven thousand one hundred fifty two dollars ($127,152), with sixty nine thousand seven hundred forty dollars ($69,740) for services during construction of the tennis courts and fifty seven thousand four hundred twelve dollars ($57,412) for design of parking lots. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. Invoices shall be on a task by task basis. 3. Contractor will complete all work described in Exhibits "A" and "B" by August 14, 2008. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR RBF CONSULTING, a California corporation *By: (sign here) Michael J. Burke, Exec. VP (print name/title) mburke@rbf.com (e-mail address) Douglas J. Frost, Exec. VP & CFO (print name/title) dfrost@rbf.com (e-mail address) CITYO corpo By: ATTEST: RAINE M. WQt)jb City CleWJ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President *Group B. Secretary, Assistant Secretary, , CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorne1 City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On October 22. 2007 before Date Jayne E. Schommer, Notary Public personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary Public") Michael J. Burke and Douglas J. Frost Name(s) of Signer(s) JAYNE E. SCHOMMER L Commission # 1542001 I Notary Public - California f Orange County f My Comm. Expires Jan 19.2009f Place Notary Seal Above known to me D (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)^/are subscribed to the within instrument and acknowledged to me that )s4/£tteVthey executed the same in)W§/f3*c/their authorized capacity(ies), and that by^ftis'/Jfer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL ' Signature of Notary Pfjbllc ' 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 Title or Type of Document: r.ity nf Carlsbad, Amend. No. 2 to Agrmt-Poinsettia Comm Park Document Date:.Undated Signer(s) Other Than Named Above: . Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Michael J.'Burke D Individual >tl Corporate Officer — Title(s): Exec. VP D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER RRF Cnnsnlting Top of thumb here Douglas J. FrostSigner's Name: D Individual & Corporate Officer — Title(s): Exen VP & CFO D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RBF Consulting RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toil-Free 1 -800-876-6827 EXHIBIT "A" SCOPE OF SERVICES AND FEE Services During Construction of Phase MA- Tennis Courts City Attorney Approved Version # 05.22.01 RBF Consulting SCOPE OF WORK POINSETTIA COMMUNITY PARK Phase 2A - Tennis Courts Design Construction Services RBF shall provide construction phase design support services on a time and materials basis as requested by the City, Task RBF shall review and respond to questions, submittals, and RFi's, including receipt, review, and appropriate action on shop drawings, product data, samples, and other submittals for conformance with the intent of the Contract Documents. Additionally, RBF shall attend field meetings as requested by the City to observe the progress of the work and report on the construction's substantial compliance to the plans and specifications prepared by RBF. WORK TASK HOURS Construction Administration 80. $9,300 Expenses $700 TOTAL FEE , $10,000* Construction Management and Inspection Services 1. Pre-Construction Period Services • Attend project kick-off meetings with the City of Carlsbad, Design Team, and Contractors. • Review the preliminary submittal schedule, and provide comments. • Attend pre-construction meetings. 2. Construction Period Services • The RBF Construction Manager will be the point of contact during the construction process providing Owner's Representative Services, including construction updates to the City Project Manager and coordination with the City Building Department. The Construction Manager's responsibilities will include, Contract Administration Management of Submittals, RFPs, Project Correspondence, Contract Change Orders, and Progress Schedule. • The RBF CM will meet with the City Project Manager on a weekly basis, or as- needed to discuss the progress schedule, phasing of the work, and to review any outstanding issues. • The Construction Manager and Construction Inspector will attend construction site meetings on a weekly basis to discuss the project progress, project construction SCOPE OF WORK October 10,2007 Phase 2A Tennis Courts at Poinsettia Community Park Page 1 RBF Consulting schedule, submittate, RFI's, and potential extra work, in coordination with the Design Team and the City of Carlsbad. » The Construction Inspector will monitor material quantities, coordinate Geotechnical and Special Inspections and Testing, monitor inspections with the City Building Inspector, coordinate with the utility companies during the construction period, perform daily inspections and provide daily field progress reports which will include equipment and staff utilization, hours worked, weather conditions, and Contractor's progress. • Monitor potential disputes of construction and specifications and mitigate toward resolution for claims avoidance, 3. Construction Close-Out Period Services • Attend the final walk-through with the City, Designer, and monitor the completion of the final punch list, • Review the contractor's record drawings • Transmit the final construction file to the City of Carlsbad. WORK TASK HOURS Construction Manager 96 $12,480 Inspector 300,. ...$37,500 Administrative Assistant 64 , $4,160 Other Direct Costs , .$5,600 TOTAL FEE $59,740* 'Services shall be billed on a time and materials basis not to exceed the total fee amount. SCOPE OF WORK October 10,2007 Phase 2A Tennis Courts at Poinsettia Community Park Page 2 EXHIBIT "B" SCOPE OF SERVICES AND FEE Design Services for Phase MA- Parking Lots City Attorney Approved Version # 05.22.01 RBF Consulting SCOPE OF WORK POINSETTIA COMMUNITY PARK Professional Engineering Services for Poinsettia Park Parking Lot Design Description of Work The work included in this scope is for professional design services for the development of the Poinsettia Park eastern parking lots. The majority of the park has already been constructed in previous phases. It is anticipated that the construction of the project will include the installation of asphalt parking lots, parking lot striping and signage, storm water drainage design, parking.lot lighting, irrigation, and planting. It is assumed that RBF will utilize the geotechnical report that was prepared under the Phase 2A - Tennis Courts scope of work. Based on our understanding of the project, RBF is proposing a clear, three-phased approach for the development of Poinsettia Park eastern parking lots. This approach organizes our scope of services into a series of logical steps and milestones. It will allow us to deliver the products desired by the City, develop a high level of consensus throughout the course of the project, and resolve any design issues early in the process. Our three-phased approach is as follows: PHASE 1.0 - INVENTORY AND ANALYSIS Task 1.1-Staff Kick-Off Meeting RBF will meet with the City Project Manager to discuss the project, establish communication procedures, set schedule milestones, solidify the City's expectations, and identify product/task deliverables. Product: Finalized Scope of Work, project schedule, milestone deliverable list, and a team directory. Task 1.2-Surveying RBF will conduct a field topographic survey of the site tied to local horizontal and vertical control to locate and plot the existing site topography in sufficient detail to prepare detailed design construction documents. All survey work will be performed under the direction of a Professional Land Surveyor licensed in the State of California. The basis of bearing and all coordinates of data submitted to the City will be in reference to the California Coordinate System - 1983, Zone VI, 1991.35 Epoch, North American Datum of 1983 (NAD 83) based'on ties to the City of Carlsbad Survey Control Network monuments as published on Record of Survey Map No. 17271. Vertical survey control shall be based on the National Geodetic Vertical Datum of 1929 (NGVD 29). Product: Electronic Base Map processed in AutoCAD at 1"=20' scale with one-foot contour intervals depicting existing conditions. SCOPE OF WORK September 7,2007 Poinsettia Park Parking Lot Design Page 1 RBF Consulting Task 1.3 • Research, Investigation & Base Mapping RBF shall complete research and investigation of existing and future constraints affecting the Project Site, including, but not limited to, the following: • Topography » Genera! drainage conditions • Existing amenities • Existing utilities • Electrical service locations • Irrigation equipment and locations, including water meters • Existing lighting conditions • Plant Material • Pedestrian and vehicular circulation RBF will review the information obtained, including items provided by the City, as-built record drawings, the survey, the geotechnical report, utility information, etc. prior to beginning preliminary design. Product: Memorandum that summarizes the technical information obtained, including the material date and source of information. Task 1.4 - Site Lighting Analysis RBF shall make a site visit to measure the actual footcandle levels at night in the areas where the parking lots will be located. Based on the light measurements, RBF will work the City to make a determination of the lighting adequacy and assessed need. Product: Memorandum summarizing the measured light levels. PHASE 2.0 - PRELIMINARY DESIGN Task 2.1 - Preliminary Site Plan RBF shall prepare a preliminary site plan at an appropriate scale, showing the horizontal layout of the proposed amenities. The plan shall show sufficient detail to discuss the design intent and resolve any design conflicts or issues. Product: Preliminary site plan showing the existing and proposed improvements. Task 2.2 • City Meeting RBF will attend one meeting with the City Project Manager and City staff to review the preliminary site plan and resolve any issues before proceeding with the preparation of construction documents. SCOPE OF WORK September 7, 2007 Poinsettia Park Parking Lot Design Page 2 RBF Consulting Product: Meeting agenda and minutes summary PHASE 3.0-FINAL DESIGN Task 3.1 • Preparation of Construction Documents The construction documents will be submitted to the City for review at 90% and 100% design completion. The plans will be prepared at 1"=20' scale in AutoCAD format using the City's title block. Following each submittal, comments provided by the City will be incorporated into the next construction document submittal. The format of the submittals shall be: • The 90% and 100% plans shall be submitted full-size on D-size (24"x36") paper (five sets). • The final plans shall be submitted on mylar at full-size (one set) and on bond at full-size (two sets). Upon the City's request, a CD of the final plans in AutoCAD format will be provided to the City. Task 3.1.1-Title Sheet RBF shall prepare a Title Sheet showing the name and locations, pertinent standards for the Contractor to follow, the basis of survey information, RBF's company and contact information, sheet index, and any other pertinent •information as requested by the City. Task 3.1.2 - Horizontal Control Plan RBF shall prepare a Horizontal Control Plan to establish the location of the improvements designed by RBF in relation to the site boundary and the adjacent streets. Task 3.1.3 - Precise Grading and Drainage Plans RBF shall prepare one set of Precise Grading and Drainage Plans based upon the City's review of the Preliminary Site Plan. The Plans shall include the design of finish grades for the parking lots, curbs, gutters, sidewalks, and landscaped areas. Hydrology calculations shall be performed to determine inlets sizes and locations for the storm drain system. Storm drain and water utilities shall also be designed as part of this task. Task 3.1.4 - Hardscape Layout and Striping Plan RBF shall prepare plans indicating the materials to be used for the parking lots and walkways, including striping and signage needed for the parking lots. Locations of hardscape areas and planting areas will be identified. SCOPE OF WORK September 7,2007 Poinsettia Park Parking Lot Design Page 3 RBF Consulting Task 3.1.5 - Planting Plans and Details RBF shall prepare Planting plans indicating the species, quantity, and size of plant material to be used in the park. Plants will be selected on their suitability to grow in the area, City requirements, ease of maintenance, and size at full-growth. A planting legend, planting details, and landscape sump drains to be used near the existing backflow preventer will be included as part of this task. Task 3.1.6 - Irrigation Plans and Details RBF shall prepare Irrigation Plans indicating the type of irrigation equipment to be used, such as irrigation controllers, pipe, valves, quick-couplers, and spray heads. Irrigation will conform to the Carlsbad Municipal Water District standards and regulations and reclaimed water standards for submittal to the San Diego County Environmental Health Department by the City. An irrigation legend, irrigation pressure loss calculations, and irrigation details will be included as part of this task. Task 3.1.7 - Electrical Plans and Details (if needed) If needed based on the results of the light meter readings obtained in task 1.4, RBF shall prepare Electrical Plans indicating the locations of electrical services, lighting fixtures, routing of conduit and wiring, a detail/elevation of the lighting panel, lighting control details, panel schedules and load calculations, voltage drop calculations, conduit and wire sizing, photometric analysis to meet footcandle requirements provided by the City. Product: 60%, 90%, and 100% Construction Documents Task 3.2 - Technical Specifications RBF shall prepare the Specification Special Provisions portions of the construction specifications suitable for bidding and awarding of the Contract for the improvements designed by RBF. The specifications shall be prepared in the "Greenbook" Standard Specifications for Public Works Construction format and cover Parts 2 and 3 of the "Greenbook". It is assumed that the City will provide and prepare Part 1 (General Provisions) of the specifications and be responsible for the overall assembly of the specifications. The specifications shall be submitted electronically in Microsoft Word format on a CD, on 81/2B x 11" paper and shall be as follows: • 90% Submittal - Complete set of specifications covering all aspects of the project. • 100% Submittal - Complete set of specifications, including City comments, ready to bid. Product: 90% and 100% Construction Specifications SCOPE OF WORK September 7, 2007 Poinsettia Park Parking Lot Design Page 4 RBF Consulting Task 3.3 • Opinion of Probable Construction Costs RBF shall provide one Opinion of Probable Construction Costs based on the construction documents. Quantities will be prepared for the 90% and 100% submittals. Unit costs will be based on the most current cost information from recent, similar projects in the area compiled by RBF. Product: 90% and 100% Opinion of Probable Construction Costs Task 3.4 • Bid Services RBF shall provide Bid Service assistance in the form of answering questions from bidders. It is assumed that the City will prepare addendums for bidders as needed. Services during construction are not a part of this proposal. Product: Written answers to questions from bidders Task 3.5 - Project Management and Meetings In addition to the Kick-Off meeting described in Task 1.1 and City Meeting described in Task 2.2, RBF will attend up to two meetings during the Final Design Phase to review design progress. After any meeting with the City, RBF will prepare Meeting Minutes and submit them to the City within 5 business days. Additionally, RBF will prepare and submit monthly status reports detailing the progress and budget used on each of the Tasks described above. Additional meetings can be provided subject to written authorization from the City. Product: a) Monthly status reports; b) Meeting agenda and minutes summary Scope of Work Exclusions • Design for areas outside the Project limit of work • Property Title Search, Property Appraisal and Acquisition • Conditional Use Permit, Zone Change, Specific Plan Amendment and/or Area Plan • Onsite Private Domestic Water, Fire Line & Gravity Sewer Plans • Sound Wall Design • Utility demand calculations or capacity analysis of existing systems • Design of dry utilities (telephone, electric, gas and cable TV) • Retaining Wall Plans • Traffic Engineering reports or studies • Geotechnical Investigation • Services related to Hazardous Wastes and Hazardous Material Abatement • Off-site street improvement plans • Off-site utility improvements • Any other services not specifically set forth in the Scope of Work SCOPE OF WORK September 7,2007 Poinsettia Park Parking Lot Design Page 5 RBF Consulting Client Responsibilities The City shall be responsible for providing the following to RBF: 1. Access to Site and owner archives. 2. Client is to provide any and all indemnification, abatement, disposal or other actions required by local, state or federal law regarding hazardous materials. 3. Client shall pay all governmental fees and costs. SCOPE OF WORK September 7,2007 Poinsettia Park Parking Lot Design Page 6 RBF Consulting COMPENSATION POINSETTIA COMMUNITY PARK Professional Engineering Services for Poinsettia Park Parking Lot Design WORK TASK Phase 1.0 - Inventory and Analysis Task 1.1 Staff Kick-Off Meeting $828 Task 1.2 Surveying $5,020 Task 1.3 Research, Investigation & Base Mapping $1,842 Task 1.4 Site Lighting Analysis $2,000 Phase 2.0 - Preliminary Design Task 2.1 Preliminary Site Plan $4,372 Task 2.2 City Meeting $828 Phase 3.0 - Final Design Task 3.1 Preparation of Construction Documents Task 3.1.1 Title Sheet $770 Task 3.1.2 Horizontal Control Plan $2,076 Task 3.1.3 Precise Grading and Drainage Plans $10,802 Task 3.1.4 Hardscape Layout and Striping Plan $3,482 Task 3.1.5 Planting Plans and Details ....$4,010 Task 3.1.6 Irrigation Plans and Details $4,010 Task 3.1.7 Electrical Plans and Details (if needed) $3,590 Task 3.2 Technical Specifications $3,328 Task 3.3 Opinion of Probable Construction Costs $2,850 Task 3.4 Bid Services : $2,714 Task 3.5 Project Management and Meetings $2,390 Total Professional Services $54,912 Reimbursable Budget. $2,500 TOTAL FEE $57,412 SCOPE OF WORK September 7,2007 Poinsettia Park Parking Lot Design Page 7 City of Carlsbad Poinsettia Park Parking Lots Task 1.0 1.1 1.2 1.3 1.4 2.0 2.1 2.2 3.0 3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 3.2 3.3 3.4 3.5 Description INVENTORY AND ANALYSIS Staff Kick-Off Meeting Surveying Research, Investigation & Base Mapping* Light Meter Reading at Proposed Parking Lot Locations PRELIMINARY DESIGN Preliminary Site Plan City Meeting FINAL DESIGN Title Sheet Horizontal Control Plan Precise Grading and Drainage Plans Hardscape Layout and Striping Plan Planting Plans and Details Irrigation Plans and Details Electrical Plans and Details Technical Specifications Opinion of Probable Construction Costs Bid Services Project Management and Meetings REIMBURSABLE EXPENSES Total Hours Percent of Total Labor (Hours) TOTAL LABOR COST Principal In Charge J170 Senior Civil Engineer $146 Landscape Architect $130 1 3 2 3 2 Civil Engineer $125 Design Engineer $114 Assistant Engineer / Designer $85 Two-Person Survey Crew $210 Total Hours Total Cost 4 16 12 8 16 6 30 15 16 $828 $5,020 $1,842 $2,000 $9,690 2 2 3 8 3 8 20 40 6 $4,372 $828 $5,200 2 1 1 2 2 11 2% $1,870 2 2 4 18 4% $2,628 2 8 6 6 8 8 8 10 72 15* $9,360 2 20 6 6 4 6 6 78 16% $9,750 6 30 8 10 12 10 96 20% $10,944 6 10 50 18 38 38 20 200 41% $17,000 16 3% $3,360 8 20 104 34 44 44 36 27 23 20 18 491 100% $770 $2,076 $10,802 $3,482 $4,010 $4,010 $3,590 $3,328 $2,850 $2,714 $2,390 $40,022 $2,500 '*, $-57% 2 PWENG530 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (RBF CONSULTING) This Amendment No. 1 is entered into and effective as of the / day of 2007, extending the agreement dated August 14, 2006 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and RBF Consulting, a California corporation ("Contractor") (collectively, the "Parties") for professional engineering services for Poinsettia Community Park Tennis Courts design. RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on August 14, 2008. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. City Attorney Approved Version #05.22.01 PWENG530 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR RBF CONSULTING, a California corporation John Andrew, Vice President (print name/title) j andrew@rbf.com (sign here) Robert Crawford. Secretary (print name/title) bobc@rbf.com (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager or Mayor ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney beputy City Attorlpy City Attorney Approved Version #05.22.01 PWENG530 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (RBF CONSULTING) THIS AGREEMENT is made and entered into as of the / day of , 20 a/* . by and between the CITY OF CARLSBAD, a municipal corportion, ("City"), and RBF CONSULTING, a California corporation ("Contractor"). RECITALS A. City requires the professional services of a civil engineering consultant that is experienced in planning and design of tennis courts. B. Contractor has the necessary experience in providing professional services and advice related to planning and design of tennis courts. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. 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. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #04.01.02 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be ninety nine thousand three hundred eighty dollars ($99,380). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #04.01.02 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 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, reasonable 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-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #04.01.02 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or 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 anytime, 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. City Attorney Approved Version #04.01.02 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. Use of such work product by City for project(s) not the subject of this agreement shall be at City's sole risk without legal liability or exposure to Consultant. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Eva Plaizer Name Jeremy Franzini Title Senior Civil Engineer Title Landscape Architect Dept Public Works - Engineering City of Carlsbad RBF Consulting Address 1635 Faraday Avenue Address 14725 Alton Pkwv Carlsbad. CA 92008 Irvine. CA 92618-2027 Phone No. (760) 602-2787 Phone No. (949)472-3415 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. City Attorney Approved Version #04.01.02 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 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 that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01.02 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that 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. City Attorney Approved Version #04.01.02 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. 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. City Attorney Approved Version #04.01.02 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR RBF CONSULTING, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager or Mayor LORF^ATNE M. WOO City Clerk (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. 'Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. eputy City Attorney City Attorney Approved Version #04.01.02 EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version #04.01.02 10 Exhibit "A" SCOPE OF SERVICES Professional Engineering Services for Poinsettia Park Tennis Courts Design Description of Work: The work included in this scope is for professional design services for the development of seven tennis courts within Poinsettia Park. The majority of the park has already been constructed in previous phases. The seven new tennis courts will supplement the three existing tennis courts on site. It is anticipated that the construction of the project will include the installation of new tennis courts, fencing, lighting, drinking fountains, site furnishings, aluminum bleachers, an overhead shade structure, irrigation, planting, and locating and connecting to existing utilities. PHASE 1.0 - INVENTORY AND ANALYSIS Task 1.1: Staff Kick-Off Meeting RBF will meet with the City Project Manager to discuss the project, establish communication procedures, set schedule milestones, solidify the City's expectations, and identify product/task deliverables. The City Project manager will provide RBF with the as-built record drawings of the existing park facilities, the Park Master Plan, public utility information, Carlsbad Municipal Water District requirements, and other pertinent documents in the City's possession. Product: Finalized Scope of Work, project schedule, milestone deliverable list, and a team directory. Task 1.2: Surveying RBF will conduct a field survey of the site in sufficient detail to prepare detailed design construction documents. The survey will include connection points to existing improvements, tops and toes of slopes, and above ground utility appurtenances, such as manholes and vaults, fire hydrants, fences, and drainage devices. All survey work will be performed under the direction of a Professional Land Surveyor licensed in the State of California. The basis of bearing and all coordinates of data sumbmitted to the City will be in reference to the California Coordinate System - 1983, Zone VI, 1991.35 Epoch, North American Datum of 1983 (NAD 83) based on ties to the City of Carlsbad Survey Control Network monuments as published on Record of Survey Map No. 17271. Vertical survey control shall be based on the National Geodetic Vertical Datum of1929(NGVD29). Product: Electronic Base Map processed in AutoCAD at 1"=20' scale with one-foot contour intervals depicting existing conditions. Task 1.3: Geotechnical Investigation The geotechnical investigation will include a site reconnaissance to evaluate the geotechnical characteristics of the area and a subsurface investigation to identify potential geologic constraints relative to the proposed improvements. Specifically, we propose to perform the following: • Review pertinent documents regarding the potential geotechnical conditions at the site. • Review readily available aerial photographs, geologic publications, and topographic maps. • Geologic reconnaissance and field mapping of the site. • Excavation of six exploratory trenches across the site in the vicinity of the proposed improvements using a backhoe. The depths of the exploratory trenches will range between 5 and 10 feet below the existing ground surface and will depend on the depth of the previous fill and consistency of the soil encountered. Afield geologist will log the excavations and collect representative soil samples for laboratory testing. • Laboratory testing on selected representative samples to determine the geotechnical characteristics of the onsite soils. Our laboratory testing will include four expansion potential tests and four chemical characteristics of the onsite soils. • Compilation and analysis of the geotechnical data obtained from our research and field exploration. • Preparation of a report presenting our findings, investigation techniques, conclusions, and recommendations concerning the geotechnical aspects of site development. • Geotechnical evaluation of construction documents (foundation and grading plans). Product: Technical Report with specific recommendations for the tennis court design, concrete flatwork design, grading recommendations, and foundation design. Task 1.4: Research, Investigation & Base Mapping RBF shall complete research and investigation of existing and future constraints affecting the Project Site, including, but not limited to, the following: • Topography • General drainage conditions • Existing tennis court surface condition and payability • Existing amenities • Existing utilities • Electrical service locations • Irrigation equipment and locations, including water meters • Existing lighting conditions • Plant Material • Pedestrian and vehicular circulation RBF will review the information obtained, including items provided by the City, as-built record drawings the survey, geotechnical report, utility information, etc. prior to beginning preliminary design. RBF will also coordinate with the City to establish the design parameters for the tennis courts, fence footings, and light footings. Product: Memorandum that summarizes the technical information obtained, including the material date and source of information. Task 1.5: Tennis Court Surface Selection RBF will research and evaluate the available hard court surface options and acrylic coatings as well as hard court "cushioned" and "non-cushioned" surfaces. Evaluation criteria will consist of installation costs, maintenance and repair, player comfort, surface speed, quality of play, life expectancy, and City staff concerns and criteria. USTA and ASBA guidelines and standards for tennis court construction will be researched and analyzed. Product: Technical memorandum describing hard court surface options and the evaluation criteria and results. PHASE 2.0 - PRELIMINARY DESIGN Task 2.1: Preliminary Site Plan RBF shall prepare a preliminary site plan at an appropriate scale, showing the horizontal layout of the proposed amenities. The plan shall show sufficient detail to discuss the design intent and resolve any design conflicts or issues. A memorandum will accompany the preliminary site plan that summarizes the design decisions. Products: a) Preliminary site plan showing the existing and proposed improvements; b) Memorandum of design decisions Task 2.2: City Meeting and Permit Review RBF will attend one meeting with the City Project Manager and City staff to review the preliminary site plan and resolve any issues before proceeding with the preparation of construction documents. At this meeting RBF and the City will review the status of the permits and determine if updated or additional permits are needed. If additional environmental approvals are required, RBF has a full-service, in-house Environmental Services Department that can be quickly added to the project team to support the City's efforts. Product: Meeting agenda and minutes summary PHASE 3.0 - FINAL DESIGN Task 3.1: Preparation of Construction Documents The construction documents will be submitted to the City for review at 30%, 60%, 90%, and 100% design completion. The plans will be prepared at 1"=20' scale in AutoCAD format using the City's title block. Following each submittal, comments provided by the City will be incorporated into the next construction document submittal. The format of the submittals shall be: • The 30% and 60% plans will be submitted at half-size on 11"x17" paper (five sets) and one D-size (24"x36") set. • The 90% plans shall be submitted full-size on D-size (24"x36") paper (five sets). • The 100% plans shall be submitted on mylar at full-size (one set) and on bond at full-size (two sets). The plans will be designed to meet the City of Carlsbad standards and each submittal will contain a CD of the plans in AutoCAD format. Task 3.1.1: Title Sheet RBF shall prepare a Title Sheet showing the name and locations, pertinent standards for the Contractor to follow, the basis of survey information, RBF's company and contact information, sheet index, and any other pertinent information as requested by the City. Task 3.1.2: Demolition Plan RBF shall prepare a Demolition Plan describing in detail the existing site improvements to be demolished, and improvements to be protected in place. Task 3.1.3: Horizontal Control Plan RBF shall prepare a Horizontal Control Plan to establish the location of the improvements designed by RBF in relation to the site boundary and the adjacent streets. Task 3.1.4: Precise Grading and Drainage Plans RBF shall prepare one set of Precise Grading and Drainage Plans based upon the City's review of the Preliminary Site Plan. The Plans shall include the design of finish grades for the tennis courts, curbs, gutters, sidewalks, and landscaped areas. Hydrology calculations shall be performed to determine inlets sizes and locations for the storm drain system. Storm drain and water utilities shall also be designed as part of this task. Task 3.1.5: Hardscape Layout and Materials Plan RBF shall prepare plans indicating the materials to be used for the tennis courts, walkways, benches and picnic tables (if needed), shade structures, and trash receptacles. Locations of hardscape areas and planting areas will be identified. Also included in this task will be the tennis court striping dimensions that meet USTA and ASBA standards. Task 3.1.6: Tennis Court Construction Details RBF shall prepare Tennis Construction Details prepared by a Structural Engineer, including tennis court foundation plans, post-tension concrete slab details, reinforcing steel and post tensioning layout, tennis court fencing and footings, and light footings. This will also include tennis court accessories, such as the net posts and nets, player shade structures, etc. as well as a concrete slab for aluminum bleachers and foundation details associated with a pre-fabricated shade structure for the bleacher area. Task 3.1.7: Tennis Court Structural Calculations RBF shall prepare Structural Calculations to accompany the tennis court structural details described in Task 3.1.6. The calculation will utilize in-house computer programs for analysis and will be signed and stamped by a professional engineer in a format to be checked by the City. Task 3.1.8: Planting Plans and Details RBF shall prepare Planting plans indicating the species, quantity, and size of plant material to be used in the park. Plants will be selected on their suitability to grow in the area, City requirements, ease of maintenance, and size at full-growth. Maintaining visibility throughout the park as a safety measure will also be of high importance. A planting legend and planting details will be included as part of this task. Task 3.1.9: Irrigation Plans and Details RBF shall prepare Irrigation Plans indicating type of irrigation equipment to be used, such as irrigation controllers, pipe, valves, quick-couplers, and spray heads. Irrigation will conform to the Carlsbad Municipal Water District standards and regulations and reclaimed water standards, if necessary. An irrigation legend, irrigation pressure loss calculations, and irrigation details will be included as part of this task. Task 3.1.10: Electrical Plans and Details . RBF shall prepare Electrical Plans indicating the locations of electrical services, lighting fixtures, routing of conduit and wiring, a detail/elevation of the lighting panel, lighting control details, panel schedules and load calculations, voltage drop calculations, conduit and wire sizing, photometric analysis to meet footcandle requirements provided by the City. Product: 30%, 60%, 90%, and 100% Construction Documents Task 3.2: Technical Specifications RBF shall prepare the Final Special Provisions portions of the Construction Specifications suitable for bidding and awarding of the Contract for the improvements designed by RBF. The specifications shall be prepared in the "Greenbook" Standard Specifications for Public Works Construction. The City will provide their standard specification for Part 1 of the Greenbook. The specifications will be submitted electronically in Microsoft Word, on a CD, and in paper format on 8-1/2" x 11" bond paper and shall be as follows: • 60% Submittal - An outline of the specifications to be used, identifying the appropriate sections. Desired changes to the City's technical specifications will be identified. • 90% Submittal - Complete set of specifications covering all aspects of the project. • 100% Submittal - Complete set of specifications, including City comments, ready to bid. Product: 60%, 90%, and 100% Construction Specifications Task 3.3: Opinion of Probable Construction Costs RBF shall provide one Opinion of Probable Construction Costs based on the construction documents. Quantities will be prepared for the 60%, 90%, and 100% submittals. Unit costs will be based on the most current cost information from recent, similar projects in the area compiled by RBF. Product: 60%, 90%, and 100% Opinion of Probable Construction Costs Task 3.4: Bid Services RBF shall provide Bid Service assistance in the form of answering questions from bidders and preparing two addenda. Services during construction are not a part of this proposal. Product: Two addenda for bid service meetings Task 3.5: Project Management and Meetings In addition to the Kick-Off meeting described in Task 1.1 and City Meeting described in Task 2.2, RBF will attend up to four meetings during the Final Design Phase to review design progress. After any meeting with the City, RBF will prepare Meeting Minutes and submit them to the City within 5 business days. Additionally, RBF will prepare and submit monthly status reports detailing the progress and budget used on each of the Tasks described above. Additional meetings can be provided subject to written authorization from the City. Product: a) Monthly status reports; b) Meeting agenda and minutes summary