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HomeMy WebLinkAbout2011-09-27; City Council; 20667; MASTER AGREEMENT CARLSBAD BLVD REALIGNMENTCITY OF CARLSBAD - AGENDA BILL 20.667AB# MTG- 9/27/11 DEPT. TRAN APPROVAL OF MASTER AGREEMENTS AND TASK DESCRIPTIONS FOR PROFESSIONAL ENGINEERING SERVICES AND FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR DESIGN WORK RELATED TO THE CARLSBAD BOULEVARD REALIGNMENT AND LAND EXCHANGE PROJECT, PROJECT NO. 6031 DEPT. DIRECTOR y CITY ATTORNEY I CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2011-205 approving master agreements and task descriptions with RBF Consulting for professional engineering services, and with AECOM Technical Services for professional environmental services, for design work related to the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. ITEM EXPLANATION: On November 22, 2010, the city issued a request for statements of qualifications (SOQs) from 25 firms specializing in civil engineering and/or environmental services. On January 27, 2011, staff received a total of ten (10) proposals: four (4) proposals for engineering services and six (6) proposals for environmental services. Staff utilized the standard purchasing process, consistent with Carlsbad Municipal Code Section 3.28.070, to identify the recommended consultants. After reviewing a listing of firms that have expressed interest in working for the city and discussing consulting firms known to staff, SOQs were solicited from 25 consultants. The ten (10) SOQs received were evaluated based on firm experience, project team, project approach, and overall quality of the proposal. The evaluation team consisted of city and state staff and the team rated RBF Consulting and AECOM Technical Services the top rated firms. Staff recommends that the city execute a master agreement for professional engineering services with RBF Consulting and a master agreement for professional environmental services with AECOM Technical Services for design services related to the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. The master agreements will be valid through July 2014, and may be extended by the City Manager for two (2) additional two (2) year periods. As project-specific work tasks are identified, individual project task descriptions and fee allotments are negotiated with the appropriate master agreement consultant. Each task description and fee allotment will include an exhibit that defines a detailed scope of services, which corresponds to the discipline identified in the master agreement, and an associated fee. The city will encumber funds to a purchase order as each individual task description is negotiated and approved by the parties. It is recommended that the task descriptions for each agreement shall not exceed $400,000 per agreement year or $1,000,000 for the life of the agreement. The city has negotiated a scope and fee for the initial engineering and environmental work associated with the project and task description No. 1 for each of the master agreements, exhibits attached. Staff recommends the city execute Task Description No. 1 with RBF Consulting and Task Description No. 1 with AECOM Technical Services. DEPARTMENT CONTACT: John Maashoff (760) 802-7807, iohn.maashoff@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION:APPROVED DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF D OTHER -SEE MINUTES D Page 2 ENVIRONMENTAL IMPACT: Pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA), approval of a master agreement and task description is an activity covered by the General Rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Future projects that may be facilitated by consultant services will be subject to review pursuant to CEQA. FISCAL IMPACT: Based on ranking of the SOQs by the selection committees, consistent with Carlsbad Municipal Code Section 3.28.070, staff is recommending that the city execute master agreements, and the first task descriptions associated with each master agreement, with RBF Consulting and AECOM Technical Services. The current status of the project is shown below: TASK DESCRIPTION Design Studies and Reports TOTAL APPROPRIATION $2,900,000 $350,000 $3,250,000 EXPENDITURES/ ENCUMBRANCES $24,108 $115,380 $139,488 REMAINING BALANCE $2,875,892 $234,620 $3,110,512 The $2,875,892 currently appropriated to design the Carlsbad Boulevard Realignment and Land Exchange Project is adequate to fund the proposed master agreements as shown below: Design Available Balance $2,875,892 Task No. 1 $ 90,967 Remaining Tasks $909,033 Master Agreement (AECOM) Total $1,000,000 Task No. 1 $333,680 Remaining Tasks $666,320 Master Agreement (RBF) Total $1,000,000 Design Funds Remaining $ 875,892 EXHIBITS: 1. Resolution No. approving master agreements and task descriptions with RBF Consulting for professional engineering services, and with AECOM Technical Services for professional environmental services for design work related to the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. 2. Master agreement for professional engineering services with RBF Consulting, a California corporation, for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. 3. Master agreement for professional environmental services with AECOM Technical Services, a California corporation, for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. 4. Project Task Description No. 1 with RBF Consulting, in the amount of $333,680. 5. Project Task Description No. 1 with AECOM Technical Services, in the amount of $90,967. MM fi b( -r I 1 RESOLUTION NO. 2011-205 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING MASTER AGREEMENTS AND TASK DESCRIPTIONS WITH RBF CONSULTING FOR 4 PROFESSIONAL ENGINEERING SERVICES, AND WITH AECOM TECHNICAL SERVICES FOR PROFESSIONAL ENVIRONMENTAL 5 SERVICES FOR DESIGN WORK RELATED TO THE CARLSBAD BOULEVARD REALIGNMENT AND LAND EXCHANGE PROJECT, 6 PROJECT NO. 6031. 7 WHEREAS, the City Council of the City of Carlsbad, California, desires to proceed with 8 preliminary design services in support of the Carlsbad Boulevard Realignment and Land Exchange 9 Project, Project No. 6031; and 10 WHEREAS, staff issued a request for statements of qualifications to provide professional 11 engineering services and professional environmental services for the project; and 12 WHEREAS, staff received and reviewed statements of qualifications from four (4) 13 engineering and six (6) environmental firms; and 14 WHEREAS, staff rated RBF Consulting the most qualified firm to provide professional 15 engineering services, and AECOM Technical Services the most qualified firm to provide 16 professional environmental services; and 17 WHEREAS, staff recommends Council enter into a master agreement with RBF 18 Consulting for professional engineering services, and AECOM Technical Services for professional 19 environmental services; and 20 WHEREAS, staff recommends Council approve and execute Task Description No. 1 with 21 RBF Consulting and Task Description No. 1 with AECOM Technical Services. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 23 California, as follows: 24 1. That the above recitations are true and correct. 25 2. That the master agreement for professional engineering services with RBF 26 Consulting and the master agreement for professional environmental services with AECOM 27 28 ^ 1 Technical Services, for the Carlsbad Boulevard Realignment and Land Exchange Project, No. 2 6031 are hereby approved. 3 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute 4 the master agreement for professional engineering services with RBF Consulting and the master 5 agreement for professional environmental services with AECOM Technical Services for and on behalf of the City of Carlsbad. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute Task Description No. 1 with RBF Consulting and Task Description No. 1 with AECOM Technical8 Services for and on behalf of the City of Carlsbad.9 10 11 12 13 '" 14 '" 15 '" 16 17 18 '" 19 '" 20 '" 21 22 '" 23 24 /" 25 "/ 26 /" 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: (SEAL) M. WOOD, City Clerk TRAN829 MASTER AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CARLSBAD BOULEVARD REALIGNMENT AND LAND EXCHANGE PROJECT, PROJECT NO. 6031 (RBF CONSULTING) THIS AGREEMENT is made and entered into as of the p2 0 _ day of 2011, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and RBF CONSULTING, a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering and land surveying consultant that is experienced in all aspects of roadway design engineering, including, but not limited to: topographical mapping, hydrology and hydraulic studies, storm water and water quality reports, geotechnical investigations, structural calculations, traffic studies and analysis, permitting, public outreach, landscape and irrigation design, sanitary sewer studies, and parking lot design. B. The professional services are required on a task by task basis for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. C. Contractor has the necessary experience in providing professional services and advice related to the preliminary engineering services required for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. D. Selection of Contractor is expected to achieve the desired results in an expedited fashion. E. 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") requested in the City's request for statements of qualification dated November 22, 2010, and in the Contractor's submitted qualifications statement dated January 27, 2011, both documents are incorporated herein by reference. These services are generally described, together with hourly rate schedules, in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2- STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. City Attorney Approved Version 10/12/10 3. TERM The term of this Agreement will be effective from the date first above written to July 31, 2014. The City Manager may amend the Agreement to extend it for two additional two (2) year periods or parts thereof in an amount not to exceed four hundred thousand dollars ($400,000) per Agreement year, but in no event shall the sum total of all task agreements exceed one million dollars ($1,000,000) under this agreement and any amendments 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. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed four hundred thousand dollars ($400,000) per agreement year. The total amount of the Agreement shall not exceed one million dollars ($1,000,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the Mayor, the City Manager or Transportation Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. City Attorney Approved Version 10/12/10 7. SUBCONTRACTING Contractor shall utilize only those subconsultants and the identified subconsultant staff as listed in their statement of qualifications dated January 27, 2011, and incorporated herein by reference. Substitution of any subconsultant or subconsultant staff shall require express written consent of the City. In addition, Contractor will not further subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and/or 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-:VM" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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 City Attorney Approved Version 10/12/10 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. _ | | 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 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. 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 City Attorney Approved Version 10/12/10 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 names of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Conrad "Skip" Hammann Name Mr. Gary Warkentin Title Transportation Director Title Senior Vice President Dept Transportation Address 1635 Faraday Ave Address 14725 Alton Parkway Carlsbad, CA 92008 Irvine, CA 92618-2027 Phone No. (760) 602-2730 Phone No. (949) 855-3625 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. City Attorney Approved Version 10/12/10 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. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of City Attorney Approved Version 5/9/11 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 5/9/11 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. JuitExecuted by Contractor this CONTRACTOR RBF CONSULTING, a California corporation By: day of lU , 20 U. CITY OF CARLSBAD, a municipal corporation of the State of California By: / (sign here)Mayor (print name'/title)ATTEST: y (sign here)RRAIN,E M. WOOD City Clerk -{print name/title) Proper notarial acknowledgment of execution by Contractor must be Agreement must be signed by one corporate officer from each of the Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Assistant City Attorne City Attorney Approved Version 5/9/1 1 15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of personally appeared 1 before me, _ Gravv\ l Hej-e Insert Name anal Title of the Officeri</Titl -.._i-vost Name(s) of Signer(s) &T& JESSICA WWL Commute* * 1t371M Oranp County 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 hic/hof/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL ~ Signature of Notary Public" Though the information below /s 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: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n Corporate Officer — Title(s): n Individual D Partner — D Limited D General n Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General U Attorney in Fact D Trustee n Guardian or Conservator n Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)Item #5907 EXHIBIT "A" SCOPE OF SERVICES RBF Consulting, and their listed subconsultants, shall provide preliminary design, engineering, and land surveying services as requested in the City's SOQ dated November 22, 2010 and in the Contractor's submitted SOQ dated January 27, 2011. Services include, but are not limited to, preliminary roadway design engineering, topographical mapping, hydrology and hydraulic studies, storm water and water quality reports, geotechnical investigations, structural calculations, traffic studies and analysis, permitting, public outreach, landscape and irrigation design, sanitary sewer studies, and parking lot design. The attached hourly rate schedules for RBF Consulting and their listed subconsultants shall be used in the preparation of Task Descriptions under the Master Agreement. City Attorney Approved Version 5/9/11 HOURLY RATE SCHEDULE Effective January 2011 through December 2012 OFFICE PERSONNEL $/Hr. Senior Principal $245.00 Principal 225.00 Project Director 220.00 Program Manager 215.00 Senior Project Manager 200.00 Project Manager 195.00 Structural Engineer 195.00 Technical Manager 180.00 Senior Engineer 163.00 Senior Planner 163.00 Electrical Engineer 156.00 Landscape Architect 150.00 Senior CIS Analyst 150.00 Project Engineer 148.00 Project Planner 148.00 Environmental Specialist 138.00 Design Engineer/Senior Designer/Mapper 135.00 CIS Analyst 122.00 Designer/Planner 118.00 Project Coordinator 110.00 Graphic Artist 97.00 Environmental Analyst/Staff Planner 97.00 Design Technician 97.00 Assistant Engineer/Planner 93.00 Permit Processor 83.00 Engineering Aid/Planning Aid 75.00 Office Support/Clerical 63.00 FIELD PERSONNEL 2-Person Survey Crew $245.00 1-Person Survey Crew 165.00 Licensed Surveyor 175.00 Field Supervisor : 172.00 CONSTRUCTION MANAGEMENT PERSONNEL Construction Manager $185.00 Resident Engineer/Project Manager 154.00 Senior Construction Inspector 123.00 Construction Inspector 118.00 Field Office Engineer 110.00 Construction Technician 95.00 Rates are subject to adjustment based on contract terms. Rates will be escalated by a factor to be based on the consumer price Index (CPI) for southern California region, but not to exceed 4% per annum. Note: Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%. A Sub-consultant Management Fee of fifteen-percent (15%) will be added to the direct cost of all sub-consultant services to provide for the cost of administration, sub- consultant consultation and insurance. Vehicle mileage will be charged as an additional cost at $0.51 per mile. City of Carlsbad January 14,2011 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist $ 148 Senior Engineer/Geologist/Environmental Scientist $ 141 Senior Project Engineer/Geologist/Environmental Scientist $ 137 Project Engineer/Geologist/Environmental Scientist $ 133 Certified Asbestos Consultant $ 120 Senior Staff Engineer/Geologist/Environmental Scientist $ 118 Staff Engineer/Geologist/Environmental Scientist $ 109 CIS Analyst $ 109 CSSTVLIA'/LPM3 $ 100 Nondestructive Examination Technician, UT, MT, LP* $ 98 Field Operations Manager $ 95 Supervisory Technician* $ 89 Pull Test Technician and Equipment* $ 85 Senior Field/Laboratory Technician* $ 85 Field/Laboratory Technician* $ 85 ACI Concrete Technician* $ 85 Concrete/Asphalt Batch Plant Inspector* $ 85 Special Inspector, Reinforced Concrete* $ 85 Special Inspector, Pre-stressed Concrete* $ 85 Special Inspector, Reinforced Masonry* $ 85 Special Inspector, Structural Steel*..: $ 85 Special Inspector, Welding, AWS* $ 85 Special Inspector, Fireprooflng* $ 85 Technical lllustrator/CAD Operator $ 75 Geotechnical/Environmental/Laboratory Assistant $ 60 Information Specialist $ 55 Data Processing, Technical Editing, or Reproduction $ 50 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES XRF Lead Analysis $ 250/day PID/FID Usage , $ 120/day Air Sampling Cassettes $ 100/case Level C Personal Protective Equipment (person/day [p/d]) $ 55/day Air Sampling Pump Usage $ 45/day OTHER CHARGES Expert Witness Testimony $ 300/hr Concrete Coring Equipment (includes one technician) $ 145 /hr Special Preparation of Standard Test Specimens $ 71 /hr Inclinometer Usage $ 32/hr Vapor Emission Kits $ 30/kit Rebar Locator (Pachometer) $ 10/hr Nuclear Density Gauge Usage $ 9/hr Field Vehicle Usage $ 8/hr Asbestos Point Count Analysis (24-Hour TAT) $ 65/ea Asbestos Point Count Analysis (72-Hour TAT) $ 45 /ea Asbestos Air Sample (TEM - 24-Hour TAT) $ 65/ea Asbestos Air Sample (TEM-72-Hour TAT) $ 60/ea Asbestos Air Sample (PCM - 24-Hour TAT) $ 12/ea Asbestos Air Sample (PCM - 72-Hour TAT) $ 10/ea PLM Bulk/Soil Analysis (24-Hour TAT) $ 12 /ea PLM Bulk/Soil Analysis (72-Hour TAT) $ 7.50/ea TEM Bulk Analysis (24-Hour TAT) $ 85/ea TEM Bulk Analysis (72-Hour TAT) $ 71/ea Lead Air, Dust Wipe, and Paint Chip Analysis (24-Hour TAT) $ 12 ea Direct Project Expenses Cost plus 10 % I / City of Carlsbad January 14, 2011 Laboratory testing, geophysical equipment, and other special equipment provided upon request. Overtime rates will be charged at 1.5 times the normal hourly rate. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. 'Indicates rates that are based on the 2008 Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. 1. CSST = Certified Site Surveillance Technician 2. LPM = Lead Project Monitor 3. LIA = Lead Inspector/Assessor >y\oure City of Carlsbad January 14, 2011 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Atterberg Limits, D 4318, CT 204 $ 145 California Bearing Ratio (CBR), D 1883 $ 440 Chloride and Sulfate Content, CT 417 & CT 422 $ 135 Consolidation, D 2435, CT 219 $ 275 Consolidation - Time Rate, D 2435, CT 219 $ 70 Direct Shear-Remolded, D 3080 $ 290 Direct Shear-Undisturbed, D 3080 $ 250 Durability Index, CT 229 $ 150 Expansion Index, D 4829, UBC 18-2 $ 165 Expansion Potential (Method A), D 4546 $ 145 Expansive Pressure (Method C), D4546 $ 145 Geofabric Tensile and Elongation Test, D 4632 $ 165 Hydraulic Conductivity, D 5084 $ 300 Hydrometer Analysis, D 422, CT 203 $ 190 Moisture, Ash, & Organic Matter of Peat/Organic Soils $ 110 Moisture Only, D 2216, CT 226 $ 30 Moisture and Density, D 2937 $ 39 Permeability, CH,D 2434, CT 220 $ 230 pH and Resistivity, CT 643 $ 140 Proctor Density D1557, D 698, CT 216, & $ 180 AASHTO T-180 (Rock corrections add $80) R-value, D 2844, CT 301 $ 250 Sand Equivalent, D 2419, CT 217 $ 90 Sieve Analysis, D 422, CT 202 $ 110 Sieve Analysis, 200 Wash, D1140, CT202 $ 90 Specific Gravity, D 854 $ 90 Triaxial Shear, C.D.D 4767, T 297 $ 390 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt. .$ 330 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.. $ 190 Triaxial Shear, U.U.,0 2850 $ 140 Unconfined Compression, D 2166, T 208 $ 100 Wax Density, D1188 $ 90 Roofing Built-up Roofing, cut-out samples, D 2829 $ 165 Roofing Materials Analysis, D2829 $ 500 Roofing Tile Absorption, (set of 5), UBC 15-5 $ 190 Roofing Tile Strength Test, (set of 5), UBC 15-5 $ 190 Masonry Brick Absorption, 24-hour submersion, C 67 $ 45 Brick Absorption, 5-hour boiling, C 67 $ 55 Brick Absorption, 7-day, C 67 $ 60 Brick Compression Test, C 67 $ 45 Brick Efflorescence, C 67 $ 45 Brick Modulus of Rupture, C 67 $ 40 Brick Moisture as received, C 67 $ 35 Brick Saturation Coefficient, C 67 $ 50 Concrete Block Compression Test, 8x8x16, C140 $ 60 Concrete Block Conformance Package, C 90 $ 440 Concrete Block Linear Shrinkage, C 426 $ 120 Concrete Block Unit Weight and Absorption, C140 $ 55 Cores, Compression or Shear Bond, CACode $ 55 Masonry Grout, 3x3x6 prism compression, UBC 21-18 $ 30 Masonry Mortar, 2x4 cylinder compression, UBC 21-16 $ 30 Masonry Prism, half size, compression, UBC 21-17 $ 110 Concrete Cement Analysis Chemical and Physical, C 109 Compression Tests, 6x12 Cylinder, C 39 Concrete Mix Design Review, Job Spec Concrete Mix Design, per Trial Batch, 6 cylinder, ACI Concrete Cores, Compression (excludes sampling), C 42 Drying Shrinkage, C 157 Flexural Test, C 78 Flexural Test, C 293 Flexural Test, CT 523 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI. Jobsite Testing Laboratory Lightweight Concrete Fill, Compression, C 495 Petrographic Analysis, C 856 Splitting Tensile Strength, C 496 ..$ 1,650 ..$ 22 ..$ 140 ..$ 750 ..$ ..$ ..$ ..$ ..$ ..$ Reinforcing and Structural Steel Fireproofing Density Test, UBC 7-6 Hardness Test, Rockwell, A-370 High Strength Bolt, Nut & Washer Conformance, set, A-32.. Mechanically Spliced Reinforcing Tensile Test, ACI Pre-StressStrand(7wire),A416 Chem ical Analysis, A-36, A-615 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706.... Structural Steel Tensile Test: Up to 200,000 Ibs. (machining extra), A 370 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI 55 250 50 55 60 250 .. Quote ..$ 40 ..$ 1,100 ..$ 80 ..$ 55 ..$ 50 ..$ 120 95 140 ..$ ..$ ..$ 120 ..$ 50 ..$70 55 Asphalt Concrete Asphalt Mix Design, Caltrans Asphalt Mix Design Review, Job Spec Extraction, % Asphalt, including Gradation, D 2172, CT 310.. Film Stripping, CT 302 Hveem Stability and Unit Weight CTM orASTM, CT366 Marshall Stability, Row and Unit Weight, T-245 Maximum Theoretical Unit Weight, D 2041 Swell, CT305 Unit Weight sample or core, D 2726, CT 308 ..$ 2,200 ..$ 150 ..$ 215 ..$ 100 ..$ 195 ..$ 215 ..$ 120 ..$ 165 ..$ 90 Aggregates Absorption, Coarse, C 127 Absorption, Fine, C 128 Clay Lumps and Friable Particles, C142 Cleanness Value, CT 227 Crushed Particles, CT 205 Durability, Coarse, CT 229 Durability, Fine, CT 229 Los Angeles Abrasion, C131 orC535 Mortar making properties of fine aggregate, C 87 Organic Impurities, C 40 Potential Reactivity of Aggregate (Chemical Method), C 289. Sand Equivalent, CT 217 Sieve Analysis, Coarse Aggregate, C 136 Sieve Analysis, Fine Aggregate (including wash), C 136 Sodium Sulfate Soundness (per size fraction), C88 Specific Gravity, Coarse, C 127 Specific Gravity, Fine, C 128 ..$ 35 ..$ 35 ..$ 100 ..$ 120 ..$ 140 ..$ 130 ..$ 130 ..$ 180 ..$ 275 ..$ 55 ..$ 390 ..$ 90 ..$ 105 ..$ 105 ..$ 160 ..$ 75 ..$ 85 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. /o. TRAN828 MASTER AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE CARLSBAD BOULEVARD REALIGNMENT AND LAND EXCHANGE PROJECT, PROJECT NO. 6031 (AECOM TECHNICAL SERVICES, INC.) THIS AGREEMENT is made and entered into as of the cJ 0 day of , 2011, by and between the CITY OF CARLSBAD, a corporation, hereinafter referred to as "City", and AECOM TECHNICAL SERVICES, INC., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an environmental and land use consulting firm that is experienced in the preparation of environmental documents necessary for the proposed Carlsbad Boulevard Realignment and Land Exchange project as outlined in the City's request for statements of qualifications dated November 22, 2010. B. The professional services are required on a non-exclusive, project-by-project basis for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. C. Contractor has the necessary experience in providing professional services and advice related to the preliminary engineering services required for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. D. Selection of Contractor is expected to achieve the desired results in an expedited fashion. E. 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") requested in the City's request for statements of qualification dated November 22, 2010, and in the Contractor's submitted qualifications statement dated January 27, 2011, both documents are incorporated herein by reference. These services are generally described, together with hourly rate schedules, in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective from the date first above written to July 31, 2014. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof in an amount not to exceed four hundred thousand dollars ($400,000) City Attorney Approved Version 10/12/10 per Agreement year, but in no event shall the sum total of all task agreements exceed one million dollars ($1,000,000) under this agreement and any amendments 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. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed four hundred thousand dollars ($400,000) per agreement year. The total amount of the Agreement shall not exceed one million dollars ($1,000,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the Mayor, the City Manager or Transportation Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. City Attorney Approved Version 10/12/10 7. SUBCONTRACTING Contractor shall utilize only those subconsultants and the identified subconsultant staff as listed in their statement of qualifications dated January 27, 2011, and incorporated herein by reference. Substitution of any subconsultant or subconsultant staff shall require express written consent of the City. In addition, Contractor will not further subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and/or authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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 City Attorney Approved Version 10/12/10 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. 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 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. 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 City Attorney Approved Version 10/12/10 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 names of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Conrad "Skip" Hammann Name Theresa Fenner Title Transportation Director Title Managing Principal Dept Transportation Address 1635 Faraday Ave Address 1420 Kettner Blvd. Suite 500 Carlsbad, CA 92008 San Diego, CA92101 Phone No. (760) 602-2730 Phone No. (619)233-1454 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. City Attorney Approved Version 10/12/10 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. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false City Attorney Approved Version 5/9/11 claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 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 5/9/11 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this_day of._. 20_ CONTRACTOR AECOM TECHNICAL SERVICES, INC. a California corporation By: LAAt (sign here) Eric Wilson, Vice President \ (print name/title) By: ' n y \L/U' CITY OF CARLSBAD, a municipal corporation of the State of California By: Mayor ATTEST: (sign here) William E. Garrett, Assistant Secretary (print name/title) \ORR\INE M. WOOD City Clerk ^o';*<..••= O:>Proper notarial acknowledgment of execution by Contractor must be^ttj Agreement must be signed by one corporate officer from each of the ' Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney "As§istant City Attorney^ City Attorney Approved Version 5/9/11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 I County of LoS nr>q\Qiig.S> On CWamfrV- \0 2fl\^ before me, Date ) I personally appeared Vl>V\\o\fn Here Insert Name and Title of the Officer u Tic. \Kf\\5QA Name(s) of Signer(s) LETICIA CISNEROS Commission # 1915800 Notary Public - California Los Angeles County who proved to me on the basis of satisfactory evidence to be the person(s^ whose name£s| "Nare subscribed to the within instrument and acknowledged to me that h^/Sbe/they executed the same in "Kis/rtsr/their authorized capacity (leg), and that by ftt^heVtheir signature(s] on the instrument the person(sj, 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. Place Notary Seal Above 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: Document Date: £r»o'\ft>atniyAgv\&WV>t Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vl>>Vv<ACn £. RIGHT THUMBPRINT OF SIGNER Top of thumb here ^Corporate Officer — Title(s): ftg&>sW>V D Individual D Partner — C Limited D General D Attorney in Fact U Trustee D Guardian or Conservator D Other: Signer Is Representing: Signer's Name: CCt^ i" '^4 '^Corporate Officer — Title(s): N>0&, D Individual D Partner — L ] Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) EXHIBIT "A" SCOPE OF SERVICES AECOM Technical Services, Inc., and their listed subconsultants, shall provide preliminary environmental and land planning services as requested in the City's SOQ dated November 22, 2010 and in the Contractor's submitted SOQ dated January 27, 2011. The attached hourly rate schedules for AECOM Technical Services, Inc. and their listed subconsultants shall be used in the preparation of Task Descriptions under the Master Agreement. City Attorney Approved Version 5/9/11 AECOM 05- Rate Schedule . 10 o o u 18 v a r d H e a i i fi n rn e n t a n ci Land txcnange Project AECOM Rate Schedule AECOM is committed to providing comprehensive services and competitive pricing. For this contract we have established a highly competitive rate structure. Below is a rate schedule. Design and Planning Rate Principal I $225 Planner I $80 Planner II $85 Planner 111 $115 Planner IV $150 Senior Planner I $180 Environmental Engineer/Scientist I $110 Environmental Engineer/Scientist II $125 Environmental Engineer/Scientist III $195 Environmental Planner/Analyst I $80 Environmental Planner/Analyst II $90 Environmental Planner/Analyst III $125 Environmental Planner/Analyst IV $150 Biologist I $80 Biologist II $90 Biologist III $110 Senior Biologist I $145 Senior Biologist II $170 Landscape Architect I $115 Landscape Architect II $150 Senior Landscape Architect $175 Landscape Designer I $75 Landscape Designer II $100 Landscape Designer III $130 Senior Environmental Designer $160 Archaeologist/Architectural Historian I $75 Archaeologist/Architectural Historian II $85 Archaeologist/Architectural Historian III $155 Archaeological Technician I $55 Archaeological Technician II $60 Archaeological Technician III $70 Technician $50 Field Crew Chief $65 CIS Specialist I $80 GIS Specialist 11 $100 GIS Specialist III $120 CADD Specialist $65 Programmer I • $115 Programmer II $150 Graphic Artist $100 Intern $50 Word Processor I $60 Word Processor II $75 Project Administration $75 Technical Editor $95 BEST ORIGINAL Transportation Rate Engineering Project Manager $196 Senior Project Manager $220 Principal-ln-Charge $230 Project Engineer l-ll $138 Project Engineer III-IV $176 Technical Engineer l-ll $169 Technical Engineer III-IV $189 Engineer l-ll $99 Engineer III-IV $122 Design Manager $166 Engineering Designer l-ll $134 Engineering Designer III-IV $165 CADD Drafter l-ll $95 CADD Drafter III-IV $108 Project Assistant $97 Survey Technician/Assistant Surveyor I $110 Survey Technician/Assistant Surveyor II $130 Associate Land Surveyor (Registered) $180 Senior Land Surveyor (Registered) $210 Administrative Assistant $72 Accounting Specialist $97 Information Technology Specialist $110 Direct Project Expenses Rate Subconsultants Services Provided by Subconsultants Cost Other Travel - Owned Vehicles Federal Mileage Rate Travel - Lodging & Per Diem Per Federal Guidelines Travel - Airfare, Vehicle Rental, Other Cost Other Direct Charges (e.g., vendors, Cost outside reprographic services, cell phones for field staff, submittal binders, courier, etc.) Invoices will be submitted on 4-week intervals for work in progress unless otherwise agreed. Invoices are due and payable within 30 days after invoice date. Fees are valid through December 31, 2012. Rates are subject to adjustment based on contract terms. Rates will be escalated by a factor to be based on the Consumer Price Index for Southern California region but not to exceed 4% per annum. updated: June 17,2011 TRAN829 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6031 This /first Project Task Description and Fee Allotment, is entered into on \i^£jGJLesr*^&-jL*J ^0 If] tAO II , pursuant to an Agreement between RBF Consulting, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated \-/jf jCLt^p^r^Joji j^J ~2 % o2O11 , (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide civil engineering consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated August 2, 2011, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include preliminary assessments, studies, and surveys as outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred sixty (360) calendar days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $333,680. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT CIVIL ENGINEERING CONSULTING SERVICES TASK GROUP Existing data research and investigation Topographic survey/record land parcels Preliminary drainage study Preliminary connectivity assessment Existing geometric alignment assessment Realignment concept Conceptual cost estimate Direct expense allowance Project meetings and coordination TOTAL (Not-to-Exceed) LUMP SUM FEE 10,708 155,005 53,996 30,964 14,064 30,960 6,199 5,000 26,784 $333,680 Executed by Contractor this IQfh day of CONTRACTOR RBF CONSULTING, a California corporation (name of Contractor) RBF CONSULTING, a California corporation ,2011. (name of Contractor) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California Date: Mayor APPROVED AS TO FORM: RONALD R. BALL, City Attorney ssistant City Attorney City Attorney Approved Version 5/12/11 Appendix "A" CONSULTING Carlsbad Boulevard Realignment and Land Exchange - Task 1 8/2/11 1. Existing Data Research and Investigation Existing data will be researched, obtained, and input into the project's CADD database as appropriate. Included are: Existing Right-of-Way Maps and Parcel Ownership Data. Existing Record of Survey parcel information provided by the City will be incorporated in the project design files. Utility Information. Contacts will be made with utility agencies/owners having facilities within the project area. Utilities that may impact the project will be plotted on the base plans. Planned utility improvements will be requested from contacts. Field Review. This task will include a reconnaissance of the existing conditions as they relate to the as-built drawings. Photographs from the field reconnaissance will be assembled. Review Related/Adjacent Studies. A review of project history files and previous and adjacent studies will be conducted to gather background information as necessary to determine project opportunities and constraints. This information will provide additional identification of potential project issues and will be incorporated, as appropriate, into the Realignment Study. Deliverables: • Data Compilation • Field Review Photography Budget: $10,708 2. Topographic Survey/Record Land Parcels RBF will provide topographic mapping from aerial photogrammetry for the project study area. Mapping will meet the requirements in "ASPRS Accuracy Standards for Large Scale Maps", dated March 31, 1993, and will include a digital terrain model (DTM). New color aerial photography will be collected and orthorectified to the project coordinate system and DTM. Topographic mapping will be provided at a plotting scale of 1"=20' with one-foot interval contours. Centerlines and a cadastral land net base will be calculated from existing record maps and geo-referenced to the project control network. Record land parcels and rights of way will be sufficient to complete the right of way exchange assessment in the subsequent phase of the project. Deliverables: « Topographic Base Map (1"=2Q'/one-foot contours) • Record Parcel and Right-of-Way Budget: $155,005 h:\pdata\55100741\admin\scope of work.docx 3. Preliminary Drainage Study RBF will prepare a Drainage Study for the project that will discuss the drainage elements for the proposed project. The Drainage Study will be based on the 2007 MS4 Permit requirements (as amended) but include assessments and recommendations that will be consistent with the expected requirements in the next round (2012) MS4 Permit. The Preliminary Drainage Study will identify the existing drainage deficiencies and recommended improvements to correct those deficiencies consistent with the criteria for a circulation element roadway. The study will include a hydrology and a hydraulic assessment of all open channels, closed conduits and pavement drainage (in critical areas) for the project. The study will also include a storm water quality section. The Preliminary Drainage Study will include: • Hydrologic setting for the project, including a description of receiving waters • Hydrologic parameters • Existing condition hydrology study (10, 25 and 100 year return frequencies) • Proposed condition hydrology study (three alternatives, frequencies noted above) • Preliminary hydraulic analysis for inlet, pipe and cross culvert design • Preliminary design of engineered energy dissipaters • Stormwater quality narrative • Hydromodification analysis • Stormwater quality exhibit • Site plan • Maintenance requirements The Drainage Study will discuss the recommended configuration for drainage and water quality facilities for the Project. Deliverables: • Draft and Final Preliminary Drainage Study Budget: $53,996 4. Preliminary Connectivity Assessment To initiate the traffic analysis of the Carlsbad Boulevard corridor, a connectivity assessment and alternatives analysis will be conducted. This process will develop the framework for the overall analysis methodology, potential options and design of the corridor. Data Collection: Using data available from the City and/or recent studies conducted in the area, RBF will prepare a map of the current conditions along Carlsbad Boulevard. This will include identification of peak hour volumes (where available), daily volumes, transit ridership and pedestrian/bicycle volumes. No new data will be collected for this initial effort. Connectivity Assessment: The baseline analysis includes a thorough inventory and connectivity assessment for all modes. Bicycle facilities, sidewalks and transit facilities will be visually identified in the field and identified on the base map. If information is available in CIS format, RBF will work closely with the City's CIS department to share CIS data files. RBF will field verify CIS data before incorporating into the base map. In addition to developing the baseline conditions, RBF will review all existing master plan documents including the City's Pedestrian and Bicycle Master Plan and Circulation Element as well as recent transit planning studies from SANDAG/MTS. Future facilities or potential modifications to facilities will be documented on the base map. The purpose of this task is to identify existing gaps in the transportation system, identify projects or programs that may address these gaps and/or look for opportunities for the Carlsbad Boulevard realignment project to integrate elements from other relevant planning documents. h:\pdata\55100741\admin\scope of work.docx Meeting with City/Stakeholders: Following the development of the base map and connectivity assessment, RBF will meet with City of Carlsbad staff, State and stakeholders to discuss key elements of the corridor planning process. RBF will facilitate a discussion that includes: • Measurements of Levels of Service and Significance Thresholds • Potential Design Considerations and Traffic Control Concepts • Discussion of Ideas and Concerns for the Corridor RBF will compile the information from the City/stakeholder meeting, develop a constraints and opportunities map and prepare a "first pass" concept plan. RBF will present the "first pass" concept plan along with an initial connectivity assessment of the plan to the City/stakeholders for review and discussion. This process allows the city and the consulting team to understand opportunities, constraints and level of service thresholds before engaging in alterative concept develop and detailed traffic analysis. Reporting/Next Steps: Results of this analysis will summarize in a technical memorandum with associated exhibits analysis. The memorandum will be submitted to City staff to review and comment. The technical memorandum will include a detailed scope of work for the full traffic assessment, recommendations for developing alternatives for the corridor and recommendations for improving overall connectivity in the study area that will be addressed in the subsequent phase of the work program. Budget: $30,964 5. Existing Geometric Alignment Assessment RBF will conduct a field review of the existing alignment of Carlsbad Boulevard including driveways, local street intersections, signage and obstructions within the roadway clear recovery zone. Utilizing information from the existing data research and investigation, the new aerial topographic mapping vertical and horizontal information, RBF will identify deficiencies in the existing alignment relative to the design speed that is established for Carlsbad Boulevard. This information will be compiled in a technical memorandum with recommendation for improvements to be considered in the preparation of alternative realignment plans. Deliverables: • Existing Ceometric Alignment Assessment Budget: $14,064 6. Realignment Concept One initial alignment concept will be prepared at a scale of 1" = 100'. Alignment concept which will show right of way lines, curve data, lane widths, profiles, vertical curve data, cross sections, existing contour lines and proposed contour lines, proposed cut and fill slopes, and proposed right of way. The alignment plan will show all existing utilities and will show potential utility relocations. The preliminary alignment plans will identify project considerations related to: • Typical Cross Sections • Design Criteria • Minimum Lane Widths • Class I Trail / Sidewalks • Parkway Improvements • Lane Geometry • Drainage and Water Quality Treatment Improvements • Local Intersection Improvements • Grading Limits • Right of Way h:\pdata\55100741\admin\scope of work.docx RBF will prepare a Summary Memorandum to provide information about the project and to present the initial concept. Deliverables: • Realignment Concept • Summary Memorandum Budget: $30,960 7. Conceptual Cost Estimate RBF will prepare a Conceptual Cost Estimate for the proposed realignment. In addition to grading and construction costs, the estimate will include preliminary right-of-way, environmental mitigation, and environmental clearance, design, and construction administration costs allowances, so that the City and State have a understanding of the magnitude of project development costs. RBF will establish unit prices based upon recent project costs in Carlsbad and the surrounding communities. Deliverables: • Conceptual Cost Estimate Budget: $6,199 8. Project Meetings and Coordination RBF will participate in Project Team Meetings. RBF will provide discussion materials relative to engineering tasks. RBF/AECOM will prepare an action item matrix, document all project decisions and distribute correspondence copies to all Project Team members as appropriate. Deliverables: • Attendance at project meetings • Attendance at community workshops • Meeting minutes • Phone logs • Other project documentation as appropriate Budget: $26,784 Direct Expense Allowance: $5,000 h:\pdata\55100741\admin\scope of work.docx a TRAN828 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6031 This finst Project Task Description and Fee Allotment, is entered into on o? %><=)£> // _ , pursuant to an Agreement between_ AECOM TECHNICAL SERVICES, INC., a California corporation, ("Contractor") and the City of \ *Carlsbad, ("City") dated \ * jaJE*^* J^ A*) (3X,*2£/' _ , (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental and land use consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated August 17, 2011, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include project coordination and outreach, and preliminary environmental studies and analysis necessary for planning and design purposes as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred sixty (360) calendar days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1 , "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $90,966.34. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL AND LAND USE CONSULTING SERVICES TASK GROUP Coordination and Outreach Baseline Environmental Study Project Work Plan Project Management and Meetings TOTAL (Not-to-Exceed) NOT TO EXCEED FEE 7,114.70 55,506.59 8,758.50 19,586.55 90,966.34 Executed by Contractor this day of _, 2011. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation AECOM TECHNICAL SERVICES, INC., a California corporation By: (name of Contractor) \ (sign here) Eric Wilson, Vice President (name of Contractor) (print name/title) v (sign hereV William E. Garrett, Assistant Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California BY:Date:9-3")- II Mayor APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY:, Assistant City Attorney City Attorney Approved Version 5/12/11 APPENDIX "A" ATCOM TASK ORDER NO. 1 CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 AUGUST 17, 2011 The City of Carlsbad is initiating the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project), which would allow the City to realign a portion of Carlsbad Boulevard and exchange vacated property with State Parks to enhance public access to the city's coastline. Carlsbad's coastline is an important part of the city's identity, quality of life, and economy. Increasing public access to the coastline and promoting a healthy outdoor lifestyle are important goals shared by the City of Carlsbad and community, and have been identified as a City priority. The potential realignment of Carlsbad Boulevard and land exchange along the corridor will provide an opportunity for the City to create signature coastal projects that will provide for extraordinary recreational areas for generations of today and the future to enjoy. AECOM has been retained to provide environmental support for the Proposed Project as theCity moves forward into design and implementation. The initial tasks described in the following pages will be Task Order No. 1 and represent the preliminary action items AECOM needs to complete in order to identify agency requirements. General Assumptions • City of Carlsbad and State Parks are the only review agencies (e.g. no Caltrans involvement is anticipated) • Unless otherwise specified, all submittals of deliverables are anticipated to be in electronic format, with draft submittals in both PDF and Word document format, and final submittals in PDF. Reproduction and distribution of products and documents are assumed to be completed by the City of Carlsbad. • One set of review comments will be provided on each submittal by the City of Carlsbad and State Parks Task 1: Baseline Environmental Assessment It is expected that the baseline assessment will include review and collection of existing conditions data to assist the City and State Parks in making informed decisions regarding viable project alternatives. These efforts will be provided in a format based on the City's Environmental Impact Assessment (EIA) form and will provide a review of existing historic baseline environmental data, as well as preliminary biological resources baseline habitat mapping, a August 17, 2011 cultural resources records search, overview of existing coastal access, and review of hydrological conditions. Information collected will be of sufficient detail to describe existing conditions necessary for completion of an EIA, State Parks Preliminary Environmental Form (PEF), and/or Caltrans Preliminary Environmental Study (PES). It is anticipated that this baseline assessment will provide a foundation for a future Opportunities and Constraints analysis, as well as recommendation for further environmental analysis, such as species specific protocol surveys or cultural field surveys, as necessary. The baseline assessment report, consistent with the templates described above, will be generated and include the complete review of all existing conditions. A brief description of the effort anticipated for each issue area is described below: Aesthetics - Using GIS data, relevant planning documents and aerial photographs, publicly important and highly scenic locations will be identified. A site visit will be conducted to field verify and record these sensitive viewsheds and viewpoints. An initial scenic inventory will be prepared on-site in support of future key viewpoint selection and aesthetic analysis. Anticipated deliverables include a text description of scenic inventory, mapping/graphic illustrating existing viewsheds, and an image board depicting initial viewpoint photographs and other representative context imagery. No aesthetics analysis or visual simulations will be provided under this Task Order. Biological Resources - AECOM biologists will evaluate the existing conditions with respect to biological resources, from Cannon Road to the southern portion of Batiquitos Lagoon and extending from the existing railroad right-of-way to the Pacific Ocean. Existing conditions will be determined during the field assessment; however, based on a preliminary review of the area using Google Earth and The San Diego Natural History Museum Plant Data Base, the location for the proposed site appears to coincide with a variety of habitats ranging from coastal dune habitat, vernal pool communities, coastal sage scrub (CSS), ornamental plantings and riparian forest/riparian scrub just inland. Federally listed plants and wildlife have already been documented at this site. Prior to conducting the biological field survey, AECOM will search relevant database [e.g., California Natural Diversity Database (CNDDB), California Environmental Resources Evaluation System (CERES) California Wetlands Information System Wetland Databases, and National Wetlands Inventory (NWI) Interactive Wetlands Mapper to identify any sensitive resources with potential to occur in the area surrounding the project site. To facilitate the field review, a field map will be prepared to depict the survey limits, existing aerial, topography, and any existing records of sensitive species, drainages, or other relevant data for the field work. During the biological field survey, AECOM biologists will conduct the following tasks: 1. map vegetation communities August 17,2011 2. evaluate existing habitats for their suitability to support sensitive species that have potential to occur in the region 3. search for wetlands and other waters and provide a rough delineation any potential jurisdictional waters that are detected based on future coastal project at the proposed site 4. record the locations of any sensitive resources observed incidentally using GPS field recording equipment. Field survey results will be documented in a biological resources technical memorandum describing existing conditions with relation to biological resources. Biological resources will also be depicted in a map. A biologist will also attend up to three (3) meetings with City staff. Assumptions • Up to 6 person days are assumed to complete vegetation mapping, habitat suitability assessments and mapping for rare plant and wildlife species, and informally delineate the site for potential jurisdictional waters. • No protocol or focused surveys or formal delineation are included in this scope and cost. Cultural Resources - A cultural resources records search will be conducted at the South Coastal Information Center (SCIC) to identify any known resources within a 0.5-mile radius of the project. The records search will provide information on known cultural resources and on previous cultural resources investigations and will also include review of historic maps on file. A review of the California Historic Resource Inventory for San Diego County, which contains listings for National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest will also be conducted. Additional research will include reviewing historic maps and aerial photographs of the proposed project area to determine built dates for any buildings and structures. In addition, the Native American Heritage Commission (NAHC) will be contacted for a search of their Sacred Sites File. A windshield reconnaissance will be conducted to confirm conditions in the project area. The results of the archival research and the reconnaissance will be included in the baseline/existing conditions report. Assumptions • Survey, site recording, and evaluation are not included in the current scope. Geology/Soils - Existing soils mapping would be evaluated, as well as known seismic faults, for this effort. No site specific coordination with agencies or field surveys is anticipated for this task order. August 17,2011 Hydrology/Water Quality - Regulatory background, site topography, land use, impervious surface, water quality, sensitive water bodies, and general drainage characteristics will be compiled. Pertinent regulations will be summarized, including: the Municipal Stormwater Permit (Order No. R9-2007-0001), City of Carlsbad Standard Urban Storm Water Mitigation Plan (2011), and Statewide General Construction Permit (Order No. Order 2009-0009-DWQ). These regulations typically require the incorporation of site design, low impact development (LID), source control, treatment control and hydromodification management best management practices (BMPs) during construction and operation of the project. Section 303(d) Clean Water Act (CWA)-listed water bodies (and their respective impairment constituents) in the project vicinity will be summarized as well. A summary of typical BMPs and pollutant removal efficiencies will follow for reference. The baseline environmental assessment activities will document existing hydrologic conditions and outline the hydrologic and hydraulic studies that will be required to accompany future project specific environmental analysis. No site specific measurements or surveys are anticipated. Land Use and Planning - Existing general land use/development patterns and planning designations will be identified for this effort. Various planning documents, such as the Carlsbad General Plan, the Ponto Vision Plan, and the Carlsbad State Park General Plan, will be evaluated. No specific coordination with adjacent private developments is included for this task order. Public Services - The locations and emergency routes utilized by existing public services will be identified. No specific coordination with emergency service providers or field surveys is included as part of this task order. Recreation - The effort will include coordination with State Parks to identify existing recreational facilities, including parking, campground facilities, trails, access, and other recreational amenities, as applicable. Transportation/Circulation - Existing circulation elements would be identified within the study area, including roadways, bike routes, and intersections. Utilities & Service Systems - Existing utilities and service systems are being documented by RBF in a separate task order. Utilities information would be incorporated from that effort into the baseline environmental assessment report. August 17, 2011 Assumptions • The "Envision Carlsbad", General Plan Update Program as well as the relevant City prepared "Working Papers" will be referenced and incorporated, as applicable, to the existing conditions/baseline discussions. Deliverables • Draft and Final Environmental Baseline Assessment Report (5 hard copies of each, as well as digital submittals) Total cost anticipated for task 1 is not to exceed $55,506.59. Task 2: Preparation of a Project Work Plan in coordination with the City, Stakeholders, and RBF The Project Work Plan will be the roadmap for the project moving forward and will include a long-term schedule, communication protocols, an outline for the land exchange/(6)f process, the Communication Plan, and results of the initial agency outreach and objectives development. Deliverables • Draft and Final Project Work Plan Assumptions • The Project Work Plan is anticipated to be a living document, which may require periodic updating. This updating is assumed to occur on a quarterly basis, when necessary, and will include updating the contact list and project schedule, as well as integration of subsequent project task orders. Total cost anticipated for task 2 is not to exceed $8,758.50. Task 3: Initial Project Coordination and Agency Outreach One of the key project development items will be to take the necessary initial coordination steps with State Parks, the Department of the Interior, and any other key stakeholders (public and private). This initial project coordination will include outreach and coordination with the Department of the Interior to determine appropriate coordination, timing, and documentation requirements for the Section 6(f) process and land exchange, as well as outreach and coordination with the Coastal Commission to establish their initial expectations and identify any key issues that would provide critical direction during a future Opportunities and Constraints analysis. AECOM staff will attend up to three (3) agency coordination meetings, all anticipated to be located in Carlsbad or San Diego. 5 August 17, 2011 De/;Verab/es • Attendance at up to 3 agency coordination meetings and meeting minutes and action items • Creation of an action item matrix to provide a tracking mechanism and to allow for a clear understanding of roles and responsibilities Total cost anticipated for task 3 is not to exceed $7,114.70. Task 4: Meetings and Project Management This task will address AECOM project management activities, such as contract set-up, client and team coordination, attendance at client and team meetings, tracking interim and major milestones, and file management. The objective of meetings included in this task will be to refine and formulate the key project objectives moving forward and to assist in the development of the Project Work Plan and schedule, as described above. AECOM will prepare meeting agendas and minutes for project records. This task is anticipated to cover management costs through the initial contract set-up phase and the 6 month period following a NTP. Deliverables • Meeting agendas and minutes (electronic submittals) Assumptions • Monthly meetings through the first 6 months of the contracted project period are anticipated with the City. • An additional 3 meetings with the City and/or team are anticipated to address additional coordination and/or documentation requirements. Total cost anticipated for task 4 is not to exceed $19,586.55. Task Order No. 1 Cost Estimate The estimate to complete the services described above in tasks 1 through 4 of Task Order No. 1 are anticipated to total $90,967, given the assumptions incorporated above. The task order would be billed on a time and materials basis at the task order level, with a not to exceed amount of $90,967. If assumptions incorporated above change, additional funds may be required to complete the work described. Any potential changes to assumptions or scope would be discussed with the City to determine appropriate action as soon as they are identified. August 17, 2011 11 Carlsbad Boulevard Realignment and Land Exchange Project - Task Order 1: Initial Project Tasks Submitted by: AECOM August 17, 2011 AECOM Rate Design and Planning Principal $ 225.00 Sr. Planner I $ 180.00 Planner IV $ 150.00 Planner III $ 115.00 Planner I $ 80.00 Environmental Engineer/Scientist II $ 125.00 Environmental Planner/Analyst IV $ 150.00 Environmental Planner/Analyst III $ 125.00 Environmental Planner/Analyst II $ 90.00 Siologistlll $ 110.00 biologist I $ 80.00 Senior Landscape Architect $ 175.00 .andscape Designer III $ 130.00 Archaeologist/Architectural Historian II $ 85.00 GIS Specialist III $ 120.00 SIS Specialist II $ 100.00 SIS Specialist I $ 80.00 Graphic Artist $ 100.00 Word Processor II $ 75.00 Word Processor I $ 60.00 Technical Editor $ 95.00 Project Administration $ 75.00 RBF Senior Planner $ 163.00 TOTAL AECOM LABOR PROJECT EXPENSES COST AECOM MARKUP ON EXPENSES 10% TOTAL PROJECT EXPENSES COST TOTAL AECOM LABOR & OTHER DIRECT COSTS Task 3 Project Coordination and Agency Outreach Hours Costs 2 $450.00 4 $720.00 20 $3,000.00 22 $2,750.00 48 $6,920.00 $177.00 $17.70 $194.70 $7,114.70 Task 1 Baseline Environmental Assessment Hours Costs 7 $1,575.00 18 $3,240.00 4 $600.00 14 $1,120.00 10 $1,250.00 42 $6,300.00 74 $9,250.00 36 $3,240.00 10 $1,100.00 112 $8,960.00 10.75 $1,881.25 24 $3,120.00 40 $3,400.00 2 $240.00 30 $3,000.00 2 $160.00 7 $700.00 9 $675.00 2 $120.00 7 $665.00 2 $150.00 463 $50,746.25 $4,327.58 $432.76 $4,760.34 $55,506.59 Task 2 Project Work Plan Hours Costs 4 $720.00 20 $3,000.00 40 $5,000.00 64 $8,720.00 $35.00 $3.50 $38.50 $8,758.50 Task 4 Meetings and Project Management Hours Costs 8 $1,440.00 68 $10,200.00 56 $7,000.00 132 $18,640.00 $860.50 $86.05 $946.55 $19,586.55 Total Hours Costs 9 $2,025.00 34 $6,120.00 4 $600.00 14 $1,120.00 10 $1,250.00 150 $22,500.00 192 $24,000.00 36 $3,240.00 10 $1,100.00 112 $8,960.00 11 $1,881.25 24 $3,120.00 40 $3,400.00 2 $240.00 30 $3,000.00 2 $160.00 7 $700.00 9 $675.00 2 $120.00 7 $665.00 2 $150.00 707 $85,026.25 $5,400.08 $540.01 $5,940.09 $90,966.34 ASSUMPTIONS: TO 1_08 10 11