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HomeMy WebLinkAboutTY LIN INTERNATIONAL; 2012-10-24; UTIL948UTIL948 AGREEMENT FOR ENGINEERING SERVICES (T.Y. LIN INTERNATIONAL) THIS AGREEMENT is made and entered into as of the day of Ocdohr^ 2012, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and T.Y. LIN INTERNATIONAL, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a civil engineering firm that is experienced in civil design and preparation of improvement plans, technical specifications, and construction cost estimates. B. Contractor has the necessary experience in providing professional sen/ices and advice related to storm drain engineering. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those sen/ices (the "Sen/ices") 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 one (1) additional one (1J year period or parts thereof in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be six thousand eight hundred eighty five dollars ($6,885). 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 outiined in attached Exhibit "A". City Attorney Approved Version 2/17/12 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 Sen/ices. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directiy 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 eariy 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-:VI1". OR City Attorney Approved Version 2/17/12 with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10-1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to City Attorney Approved Version 2/17/12 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. Citv 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 Carisbad 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 cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Sherri Howard Name Patti Boekamp Title Associate Engineer Titie Associate Vice President Department Utilities Address 404 Camino del Rio South, Suite 700 City of Carisbad San Diego, CA 92108 Address 1635 Faraday Avenue Phone No. 619-692-1920 Carisbad, CA 92008 Email patti.boekamp(gtylin.com Phone No. 760-602-2756 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 2/17/12 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 Carisbad 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 Sen/ices the following procedure will be used to resolve any questions of fact or interpretation not othenA/ise 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 fonA/arded 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 fonA/arded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Sen/ices, 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 City Attorney Approved Version 2/17/12 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 othenA/ise 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 seg.. 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. 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 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. CONTRACTOR T.Y. LIN INTERNATIONAL, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California [ (sign here) City Manager or Mayor ofDivision D\r$(^^^Ao as authorized by the City Mana5ifet,ViuVu>5^% (print name/titie) ATTEST: By: ^^sign here) (print nanfe/title) LORRAINE M. WOOD City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chaimrian, 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 Assistant City Attorne' City Attorney Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SaY\T)>eAO } On )0l<33/^)^ before ^te personally appeared me, Her* Insert Name and Title of the Officer t Nrame(s) of Signer(s) CATHY SALAS Conimittion# 1972710 Notary PvMk - CiAfomia I My Comm. BiplwtApf 17.20161 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 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. Place Notary Seal Above Signature OPTIONAL - Signature of Notary Public 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: Acfe^eJ^ W ^V)g^meen/l^ SerV^CgS ((^f^ Q^kx4) Document Date: f^/A Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(i^ Claimed by Signerj^ Signer's Name: • individual Signer's Name: • Individual u maiviQuai y » I ^Corporate Officer — Title(s): VCC'e. HreSidefir • Corporate Officer — Title(s): • Partner — • Limited • General ° Partner — • Limited • General • Attorney in Fact )||iBSi3lli| • Attorney in Fact • Trustee • Guardian or Conservator • Other: Top of thumb here Signer Is Reppesenting: • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ©2007 National Notary Association - 9350 De Soto Ave., RO.Box 2402 .Chatsworth, CA 91313-2402.www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 ACKNOWLEDGMENT State of Califomia County of San Francisco} On October 19. 2012. before me, Hanh Tran. personally appeared Veronica Fennie. Secretarv. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same In her authorized capacity, and that by her signature on the instrument the person, 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. Signature HANH THI TRAN i COMM. #1915655 z Notary Public - California g San Francisco County MjrComm. Expires Dec. 7, 2014 [ WUNlNTERNATIOfslAL EXHIBIT "A" ergireers ! obnne's | scientists October 16,2012 Ms. Sheiri Howard Associate Engineer Qty of Carlsbad Utilities Department 1635 Faraday Avenue Carlsbad, CA 92008 Re; Proposal for Park Drive Storm Drain System Improvenwnts Dear Ms. Howard: We are pleased to submit a scope of work and fee estimate for professional services related to the storm drain system improvements in proximity to the Park Drive Wateriine project. PR0.1ECT UNDERSTANDING The wat^line owned by CMWD and the storm dram system imiarovements owned by the City of Carlsbad will be subject to separate contracts, but win have a common plan set and specification deliverable. The bid schedule and opinion of probable construction cost will be separated for the purposes of separate accounting. This letter of proposal covers the Storm Drain system improvements scope of work. . AECOM is currenfly incorporating comments on the 100% plans for this project Due to the Project Manager and Engineer of Record, Mr. Greg Keppler, leaving AECOM to join T.Y. Lin International (TYLI) and project issues remainmg such as extensive groundwater, geotechnical issues and other areas of concern with regard to utilities, there is a need to continue his services to complete this project through the bid service phase. AECOM would continue to serve the project witii CADD suppiart tiirough Pre-final submittal. City PM will obtain final CADD files from AECOM and provide them to TYLI. TYLI would prepare the construction documents and assist witii bidding. To date, AECOM had submitted 100% plans and estimate but bid schedule and specifications had not been prepared (per City's direction at the tune). Therefore, the plans and estunate reqmre one more submittal; while die specifications and bid schedule requke two (draft and final). An Ammative AcStm / Equal Q}pt3rtunity Eir^oyer M/F/D/V 404 Camino del Rio South, Suite 700 | San Diego, CaHfomla 92108 | T 619.692.1920 | F 619.692.0834 | www.tylin.com Task 1.0 - Prepay IPIiial Plaiis, S^pedficatiiHis and Engineer's ^timate (PS&E) TaidK 1.1 - Prepare final PS&E Submittal Complete le^onses to Oty ccanments on Plans and prqpaie final submit^ for plans and (^jinion of iirobable construction cost The costs for tiie plm set a^t induded in the wat^ne improvements but with the addition of the storm drain system in^yrov^nents, the fdlowing sheets pat^ to the Storm Drain system funding source imd axe iqqjorticmed to that funding source, but will be part of die one set of construction docttments (CD's): • Titie Sheet (apportioned to storm drain system woik) • Genml Notes and Abbie^ations ({^p(»1ion^ to storm drain system work) • Drainage system inprovranent plan and details (sppo^GOBd to stonn drain system w(xk) • Watedine Construction Sequencing Plan (none apportioned to storm drain system woik) • Demolition, surface improvements, and striping plan (iq)portioned to storm drain system work) • Bxision Control Plan (^[^rtioned to storm dr^syst^ work) Task 1.1.1 ~ Sappiemaital Spedal Provisions The draft supplcanental ^lecial provisions (SSP's) will be comprised of technkd sections using die Ckeenfoodc for the storm dndn system inprovmoote. TYLI will submit two hard copies and one MS Word file (upon con^leticm a pdf file will be provided as well). The engineer's estimate (opinion of probable construction cost) will be generated using general unit cost factors at a level of detail ccsresponding to the desi^ levd. The storm drain system fiinding source wiU pay fcH* a pcHrtion of die CD's based on the qiinion of probable cost TYLI PM will att^d one meeting to discuss comments for the purpose of finalizing the doGumente. Task 1.1.2 - Final Constmction Docoments {CD's) City comnmsts wiU be incorporated and a final I^&JB submitted for procurem^t process by die City (CMWD). This submittal will include final PS&E as Word and pdf files. Included will be final bid schedule (MS Word), plans (one set of signed and stamped myl^ and AutoCAD files), specifications (MS Word), and a final probable opinion of construction costs. AiiMhm^eAe^/B^C^3pe»mayEttpby»Mn^/D/V 404 Camino del no South, Sutte 700 i San Diego. Califomia 92108 | T 619.892.1920 i F 619.892.0634 ] www.tynn.com Page 2 of4 Ta^ 2.0 - Project Management Prefect managem^t indudes invoicing, budget and schedule tracking, providing tpiates, QA/QC, and coordinating witii ABOOM. Additionally, one final field visit by flie PM widi flie City PM, before mylars are submitted, is included in this task. DELIVERABIJBS SCHEDULE All dates iiwluded below are given assuming the contract is in place with Notice to Proceed (NT?) by October 31,2012. Hans and Estimate - assun^on is made that all comments fiom the City of Odsbad have been transmitted by the City's PM and no new comments will be received before die final submittal which will occtnr by mid-November. Draft Specifications and Bid Schedule - first submittal for City PM review will be made by mid- Noveiid)er. Hnal Specifications and Bid Sdiedule - assuming 5 working day turnaround for conmients firom die aty's PM, final specifications and bid schedule will be submitted witisin 5 working days Task 3.0 - Bid As^stance Task 3.1 - Res^d to RFF s and Issne Bid Addoida During the bidding i^iase of the p-oject TYLI assumes responding to approxunately 5 RFI's and one bidding phase addenda issuance. Task 3.2 - Attend meetings and bid opening asstetance TYU PM will attwid die iH»-bid meeting and bid opening, and will hdp die City evaluate die bids lecdved for responsiveness after die bid opening. It is assumed die City will respond to any bid protests aoid award die fsx^ect (including Council action, if any) without TYLI assistance. COST PROPOSAL TYLI will conqjlete the services outiined in Tasks 1.04.0 of tins scope of services for a not-to- exceed fee of $6,885.00, on a time-and-materials basis in accordance >^ our scbeiMe of fees and die attadied fee estimate budget (Attachnarait 1). TYU will mvcace on a montiily basis for expenses ssxmed die pior OKindL OTHER ASSUMPTIONS 1. The Oty will provide fi:ont-end docum^ts, mcluding construction contract, bidd^ instructions, genraal and special iHovision, TYU will be responmble ftff preparing suppl^nental spedd ^visions that TYU desns necessary ftir this project TYU will prepare die Bid Schedule and bid item description. An mnmaSve Action A Bjual Opporlunfy Employer M/F/D/V 404 Camino del Rio South, Suite 700 | San Diego, Califomia 92108 1 T 619.692.1920 | F 819.692.0634 | www.tylln.com Page3of4 2. This Scope of Services is based on TYU's current understanding of die project and discussions. Jf the actual w(»k requked is significantiy different from what is anticipated, it is agreed diat die scope and fee will be revised accordmgly. 3. TYU will be entitied to rely upon City obtaining die CADD drawings from AECOM in a timely fashion to meet the schedule committed to herein. 4. TYU win be entitied to rely upon the accuracy of data and information provided to us without independent review or evaluation except as described in the scope. 5. All environmental considerations, mcluding CEQA documentation for die Project, if required, will be prepared by others. 6. Any permits, fees or inspection costs required by other agencies will be acquired and paid for by the City. 7. A Traffic Control Plan will be provided by odiers. 8. Coordmation witii HOA's and utilities will be done by die City. 9. Any Opinion of Probable Construction Cost prepared by TYU represents its judgment as a design-^HTofessional and is siqjplied for the general guidance of City. Since TYU has no control over the cost of labor and material, nor over competitive bidding or market conditions, TYLI does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 10. Notwidistanding anything in this Scope of Services, TYU shall have no responsibility for die discovery, presence, handling, removal or disposal of, or exposure to persons to hazardous materials in any form, at flie project site. 11. Any reuse of TYU prepared documents, except for die specific purpose intended hereunder, will be at City's sole risk and widiout liability or legal exposure to TYU. 12. Otiier utilities - tiiis assumes die City will coordinate and intwact with die public and/OT private utility owners in the project area. Thank you for die opportunity to submit this scope and fee proposal. If you have any questions, please contact me at (619) 692-1920. Patti Boekan^ Associate Vice President (619)937-1930 Attachment 1 (including Schedule of Fees) An Amrmativa Action / Equsi QpporbJnUy Eir^yar WUF/DN 404 Camino del FBo South. Suite 700 | San Diego, Canfomia 92108 j T 619.892.1920 j F 619:692.0634 j www.tylin.com Page 4 of4 T.Y. LIN INTERNATIONAL Park Drive Storm Drain System Improvements - Carlsbad ATTACHMENT 1 Page 1 of 1 Contract No. XXXXXXX Date: Prime Consultant: Project Title: Project Number: Client Reference: 10/16/12 T.Y. Lin International Park Drive Storm Drain System Improvements - Carlsbad City of Carlsbad Task/Subtask Description Activity Estimated Labor Hours Hours Total Labor Amount Task/Subtask Description Activity ?rincipal Senior Utility Engineer ::ADD Support Utility Coordination Engineer Accounting Hours Total Labor Amount 1.0 Prepare PS&E 1.1 Prepare final PS&E Submittal 4 2 6 $870 1.1.1 Prepare Supplemental Special Provisions I 8 9 $1,545 1.1.2 Final Construction Documents (CD'S) 1 4 5 $905 TASK SUBTOTAL: 2 16 0 2 0 20 $3^20 2.0 Project Management and QA/QC 4 4 8 $1,040 TASK SUBTOTAL: 0 4 0 0 4 8 $1,040 3.0 Bid Assistance 3.1 Respond to RFI's and Issue Bid Addenda 4 6 1 11 $1,415 3.2 Attend Meetings and Bid Opening Assistance 0 6 1 7 $1,060 TASK SUBTOTAL: 0 10 6 1 1 18 $2,475 Subtotal 2 30 6 3 5 46 $6,835 1 1 Multiplier (incl. OH + Profit): 1 2 90 1 $265.00 $160.00 $110.00 $115.00 $100.00 1 $530 $4,800 $660 $345 $500 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. Annual Escalation Rate: 4.0% Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. Contract Duration (Years): 0.50 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. OTHER DIRECT COSTS: Mileage $50 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. SUBCONSULTANT/VENDOR SERVICES: $0 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. BASE BUDGET: $6335 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. ADDITIONAL SERVICES BUDGET: SO Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. TOTAL BUDGET: $6,885 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. 10 16 12 Park Drive Storm Drain System Improvementd-Carlsbad-Fee Proposal rev2 (LBE) w GK comments Printed: 10/16/2012 TYLININTERNATIONAL SCHEDULE OF FEES - 2012 BRIDGE Senior Principal Bridge Engineer $270.00 Principal Bridge Engineer $250.00 Supervising Bridge Engineer $208.00 Senior Bridge Engineer II $182.00 Senior Bridge Engineer I $156.00 Bridge Engineer II $140.00 Bridge Engineer I $130.00 Assistant Bridge Engineer $120.00 Civil Engineer $109.00 Structural Design Technician III $140.00 Structural Design Technician II $109.00 Structural Design Technician I $78.00 CONSTRUCTION Senior Construction Engineer II $177.00 Senior Construction Engineer I $151.00 Construction Engineer $135.00 Assistant Construction Engineer $114.00 TRANSPORTATION Principal Transportation Engineer $250.00 Supervising Transportation Engineer $208.00 Senior Transportation Engineer II $182.00 Senior Transportation Engineer I $156.00 Transportation Engineer I $130.00 Assistant Transportation Engineer $120.00 ARCHITECTURAL Senior Architect $156.00 Architect II $140.00 Architect I $109.00 UTILITIES Senior Utility Engineer $160.00 Utility Coordination Engineer $115.00 Assistant Utility Coordination Engineer $105.00 Vehicle Mileage $0.60/mile Construction Engineers/Inspectors are provided with trucks equipped with rotating amber safety beacons and toolboxes containing the necessary hand tools required during construction inspections. Specialty equipment, if required, may be billed separately. Hourly charges include provision for normal office overhead costs, such as office rental, utilities, insurance, clerical services, equipment, normal supplies and materials, and in-house reproduction services. Other expenses such as special consultants or purchased outside services will be billed at cost plus 10 percent. Unless otherwise provided for in the contract, all hourly rates are subject to 4% armual escalation on January 1*'.