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HomeMy WebLinkAboutRJM Design Group; 2018-11-28;DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 ATTACHMENT A AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR DESIGN SERVICES RJM DESIGN GROUP, INC. This Amendment No. 1 is entered into and effective as of the 19-11/ day of 20 26 , extending and amending the agreement dated November 28, 2018 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and RJM Design Group, Inc., ("Contractor") (collectively, the "Parties") for landscape architectural design services. RECITALS A. Contractor is completing Phase 1 of the Scope of Work of the Agreement for design services of for the Veterans Memorial Park. The majority of the work remaining in the Scope of Work will occur in Phases 2, 3 and 4, Design Development, Construction Documents Preparation, and Contract Bidding, and the City wishes to amend the Agreement to allow Contractor to complete the remaining work more expeditiously than was originally provided for under the Agreement; and B. The Parties desire to amend Paragraph 3, Term, of the Agreement to authorize the City Manager to extend the Agreement for two additional three-year periods or parts thereof, instead of three additional two-year periods, and exercise the first option to extend the Agreement for a period of three years; and C. The Parties desire to amend Paragraph 5, Compensation, of the Agreement to adjust the total not to exceed amounts for each additional extension period to correspond to revised project schedule and three-year extension periods; and D. The Parties desire to alter the Agreement's Scope of Work to provide additional design services for Veterans Memorial Park; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Paragraph 3, Term, of the Agreement is hereby amended to read as follows: 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The City Manager may amend the Agreement to extend it for two additional three-year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. REV. 10/27/2020 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 2. The Agreement, as may have been amended from time to time, is hereby extended for a period of three years, ending on November 28, 2023. 3. Paragraph 5, Compensation, of the Agreement is hereby amended to read as follows: 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed three hundred ninety-eight thousand two hundred dollars ($398,200). The total fee payable for the Services to be performed during the first three-year extension of this Agreement shall not exceed one million three hundred thirty-five thousand dollars ($1,335,000). The total fee payable for the Services to be performed during this Agreement during the second three-year extension of this Agreement, if any, shall not exceed two hundred fifty-seven thousand eight hundred dollars ($257,800). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibits "A". 4. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed one million seven hundred thirty- three thousand two hundred dollars ($1,733,200). 5. City will pay Contractor for all work associated with those services described in Exhibit "A". Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 6 Contractor will complete all work described in Exhibit "A" by November 28, 2023. 7. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 8. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 9. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. /// /II City Attorney Approved Version 6/12/18 2 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 CITY OF CARLSBAD, a municipal CONTRACTOR corporation of the State of California By: taint' • Pea' By: fQ (sign here) Larry P Ryan (print name/title) ATTEST: \--6/RYYID=1/14-av BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: 1t4 F r sf Deputy City Attorney City Attorney Approved Version 6/12/18 3 By: &vita. 10eowei, (sign here) Anita Weaver DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 EXHIBIT "A" SCOPE OF SERVICES Task 1 — Design Development (50% Construction Documents) A. Coordination with City of Carlsbad regarding the entitlement permit process. Provide required documents as outlined on the submittal checklist 'Development Permits P-2" and supplemental requirements for Hillside Development Permit, Habitat Management Plan Permit, Conditional Use Permit and Coastal Development Permit. B. Meet with City staff, other agencies, and utility companies to review approved Master Plan, Conditions of Approval, construction budget and project design schedule. C. Review City standards applicable to site development plan preparation, including the Standard Specifications for Public Works construction, City of Carlsbad standard plans/details including trail construction. D. Coordinate with Carlsbad Fire Department to confirm fire service access and required hydrants within the park area. E. Coordinate progress of the design with various City's divisions, including but not limited to Facilities, IT, Police, Public Works, Parks & Recreation. F. Coordinate with Cultural Arts team to review progress on art elements and further research opportunities for collaboration and inclusion of art features into the park fabric. G. Prepare for and attend virtual bi-weekly meetings with City staff to review progress on the evolution of the plans. H. Based upon approved master plan and conditions of approval, commence preparation of construction plans (50%) indicating refined site plan layout, project enlargement areas, specified materials, finishes, and colors for the proposed buildings and site elements. Provide enlargements, catalog cut sheets and outline specifications to clearly define all elements. Services will include architectural, landscape architectural, civil, structural, mechanical, and electrical engineering. A complete set of construction drawings will clearly stipulate the layout/configuration, materials and details for the project. Plans will be prepared in conformance with City of Carlsbad's requirements. Plans will be prepared using AutoCAD 2019. Drawings shall be formatted into a City standard sheet format. 1. Prepare architectural floor plans and elevations for restroom and restroom/concession building to clearly illustrate materials and finishes. Architectural design development documents consisting of drawings and outline specifications setting forth the architectural and interior design requirements. City Attorney Approved Version 6/12/18 4 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 Identification of architectural materials, finishes, systems and equipment. 2. Prepare site design development drawings and outline specifications setting forth layout and material selection of site elements to include: • Parking lots and drives • Hardscape elements • Art elements/features • Veterans memorial area Playground environment and equipment • Family oriented bike park area layout and materials • Garden area improvements and materials • Landscape / irrigation • Site furniture (benches, tables, light fixtures, trash receptacles, etc.) 3. Prepare for and attend Public Art events to collaborate with selected artists and discuss/strategize incorporating art elements into the fabric of the overall park design. 4. Refine preliminary grading study to incorporate contour grading as well as water quality and bioswale treatment areas. The goal of the grading plan refinement will be to achieve a balanced site condition and utilize available material from the overall project grading operations. 5. Update preliminary earthwork estimate. 6. Electrical engineer to confirm general site lighting requirements and provide preliminary drawings and calculations to verify conformance with City illumination/footcandle requirements. Electrical demand shall be determined and initial coordination with utility company shall occur. 7. Coordination with City IT Department to discuss desired security camera locations, camera mounting/brackets, electrical service requirements, conduit placement, etc. required. 8. Prepare exterior lighting photometric plans for security lighting purposes for parking lots, pedestrian walkways, and plaza/gathering, restroom areas. The park use is limited to daytime activities and night lighting the park for nighttime use is not envisioned. I. Review construction budget and update Opinion of Probable Construction Cost. J. Submit 50% Construction Documents to City staff for review and comments. Deliverables shall include plans, enlargements, materials/finish specifications, outline specifications and catalog cut sheets. City Attorney Approved Version 6/12/18 5 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 K. Stakeholder Approvals: The design team will assist City staff in presenting the final 50% package to various stakeholders as determined by the City, it may include Parks & Recreation Commission, Senior Commission, City Council, and others. MEETINGS: Bi-Weekly Virtual meetings with City Staff Public Art events (2) Virtual meeting with Fire Department PRODUCTS: Entitlement Permit Submittals/Materials/Documents, Meeting Notes; Drawing File List; 50% Construction Plans that include: Site and Landscape Construction Plans; Architectural Floor Plans and Elevations of building components; Technical Specifications; Catalog Cut Sheets; Preliminary Mechanical/Plumbing; Electrical Drawings; preliminary photometrics for exterior spaces, Preliminary Security camera locations/conduit locations, Preliminary Grading Plans and Earthwork Calculations; Opinion of Probable Construction Cost Task 2 — 100% Construction Documents A. Review city staff comments and confirm direction as to the specific refinements to be made to the construction drawings. B. Confirm project construction budget and items to be constructed with the first phase of construction. C. Refine construction documents based on received comments to include final drawings, details, calculations, specifications, and opinion of probable construction cost. Plans are to be prepared as one construction document package, for one phase of construction. Documents include: 1. Title and General Notes Sheets A title and general notes sheets will be prepared for the construction document package. 2. Landscape Design Documentation Preparation of specifications, construction plans and details illustrating the layout and placement of elements including sidewalks, gathering spaces, seat walls, shade structures, and site furnishings. A materials schedule will denote the manufacturer, model number, color, and finish of all proposed park improvements, setting forth in detail the landscape requirements for the project including: a. Site construction/layout plans b. Construction Details c. Public Art Site Plan d. Planting plans City Attorney Approved Version 6/12/18 6 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 e. Irrigation plans f. Landscape construction enlargements/detail (Veterans memorial, Family oriented bike park area, plaza areas, playgrounds, and picnic areas) 3. Architectural Design Documentation Preparation of construction documents for the community buildings and shade structures. Plans will include all information required to successfully construct the building. This includes building plans, structural, MEP, low voltage technology, AV, catering support equipment, and acoustics, setting forth in detail the architectural and interior design requirements for the construction of the project. The team's architect will provide a completed REVIT model for the community building. The BIM model LOD 300 will be provided illustrating the various building systems, placements, sizing, etc. a. Detailed technical site plan b. Detailed and dimensioned building floor plans c. Building sections and elevations d. Building reflected ceiling plan and roof plan e. Building wall sections f. Selection of building exterior and interior materials and color g. Complete outline specifications of building systems and materials 4. Structural Design Documentation Services during the construction documents phase consist of preparation of final structural engineering calculations, drawings and specifications based on approved design development documents, setting forth in detail the structural construction requirements for the project. a. Building foundation systems b. Building framing systems c. Exterior site elements (security fencing, light pole foundations, site retaining walls, seat walls, and maintenance wall enclosure, misc. foundations) 5. Mechanical / Plumbing Engineering Design Documentation Services during construction document phase consist of preparation of final mechanical/plumbing calculations, drawings and specifications setting forth in detail the mechanical/plumbing engineering requirements for the construction of the project. a. System design b. Sources and routing of utilities and meter locations 6. Electrical Design Documentation Preparation of electrical and site lighting plan to illustrate the locations of all site lighting and electrical service for A.V. equipment associated with the outdoor gathering area, community buildings and other park areas. Initial electrical will be routed and City Attorney Approved Version 6/12/18 7 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 coordinated with other disciplines. Photometric plans will be provided to illustrate proposed foot-candle distribution across the site. Package will include final electrical calculations, drawings and specifications setting forth in detail the electrical engineering requirements for the construction of the project. All power, lighting and control schemes, complete with diagrams and details shall be finalized including: a. Lighting and power plan to include park security lighting, access drive, walkway, parking lot, security lighting systems and building lighting/power. b. City IT requirements for security camera locations, camera mounting/brackets, electrical service requirements, and required conduit placement. c. Special event electrical connections / provisions d. Power supply for future expansion and/or project phasing e. Location of panels, switchgear, meter f. Electrical service and distribution g. Telephone and CATV conduit only distribution h. Exterior Title 24 lighting calculations i. Electrical provisions for irrigation equipment j. Exterior lighting photo metrics k. Electrical load calculations• Civil Design Documentation Preparation of final civil engineering calculations, drawings and specifications for site grading, wet utility, and drainage plans of the park. Major utilities will be routed and coordinated with other disciplines. Package will include: a. (NPDES)/NOWSWQMP b. Civil title sheet with notes c. Demolition and removals plan d. Precise grading plan Note: Final grading plans shall be developed and shall depict all site improvements including structures, walls, walkways, storm drain, and swales. e. On-site water quality systems f. Sewer, water, and storm drain plans including design of connections to public utility systems. Prepare separate water and sewer plans for water district permitting. Note: Utility plans will be developed and will depict all sewer, water, fire services and fire hydrants. g. Storm drain profile for 18" storm drain and larger h. Horizontal control plan i. Erosion control plan (including AQMD dust control requirements) j. Civil improvement details k. Prepare on-site hydrology study and area drain plans I. Earthwork calculations m. Prepare quantity and cost estimate for civil improvements City Attorney Approved Version 6/12/18 8 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 D. Project Specifications 1. City shall provide the front-end documents, including contract documents, general provisions and supplemental provisions. 2. RJM's consultant team shall prepare technical specifications utilizing C.S.I. format. 3. Opinion of Probable Construction Cost E. Opinion of Probable Construction Cost services during the construction document phase consist of any adjustments due to design, materials, or quantity changes at approximately 70%, 90% and 100% complete, considering: 1. Changes in materials, systems or details of construction which have occurred during preparation of the construction documents 2. Known changes in the cost of materials, labor and services since preparation of the previous Opinion of Probable Construction Cost. 3. Adjustments for known or anticipated changes in the bidding market relative to the project. F. Submit plans and cost estimate to the City at 70% completeness for review. G. Prepare for and attend virtual meeting with City to review and discuss plan comments. H. Revise plans per 70% plan check comments. I. Submit plans, documents required for grading and building plan check, and cost estimate to the City at 90% completeness for review. The plans and specifications will be submitted to the various review agencies for review, approval, and permitting. It is anticipated that the City of Carlsbad Building Division (Esgil), Engineering Division, Planning Division, Parks & Recreation Department, Carlsbad Municipal Water District (CMWD) and the County of San Diego Department of Environmental Health will be providing plan check reviews. J. Prepare for and attend virtual meeting with City to review and discuss plan comments. K. Revise plans per 90% plan check comments. L. Prepare for and attend virtual meeting with City to review and discuss plan comments M. Final Submittal Bid Set: Develop final 100% construction documents. Create final signed mylar plans (irrigation only, bond paper prints for all others) and Auto CAD drawings will be City Attorney Approved Version 6/12/18 9 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 submitted to the City upon final approval of the construction documents. MEETINGS: (3) Meetings with City staff PRODUCTS: Final mylar plans, bond paper prints, digital scans (TIFF and/or PDF files), and Auto CAD drawings. Construction Bid Documents; Opinion of Probable Construction Costs; Original Plans and Specifications, (Native CAD and Word files). Task 3— BIDDING/NOTICE TO PROCEED (Time and Material) The Bidding Phase, following the City's approval of the construction documents and most recent Statement of Probable Construction Cost, shall provide services/exhibits to assist the City and the construction manager in obtaining bids. A. Addenda — assistance in preparation of addenda as may be required during bidding and including supplementary drawings, and/or specifications. B. Participation in pre-bid conference. C. Responses to questions from bidders or proposers and clarifications or interpretations of the bidding documents. D. Analysis of Alternates/Substitutions - consideration, analysis, comparisons, and recommendations relative to alternates or substitutions proposed by bidders or proposers prior to receipt of bids. City Attorney Approved Version 6/12/18 10 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 SCHEDULE This proposal is based on the following anticipated schedule for the project. The schedule includes City of Carlsbad's anticipated plan review/plan check processing period. Prerequisite Completion and Adoption of the Park's Master Plan (3 months) Task 1 Design Development (50% Construction Documents) (13 months) Task 2 Construction Documents 100% (17 months) Task 3 Bidding/Notice to Proceed (3 months) FEE SCHEDULE It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the development of the Carlsbad Veterans Memorial Park Project. This fee includes all costs to be incurred by RJM Design Group, Inc. and an allowance for reimbursable expenses. Fees for the work are as follows: Prerequisite Completion and Adoption of the Park's Master Plan $0 Task 1 Design Development (50% Construction Documents) $645,900 Task 2 Construction Documents 100% $598,200 Task 3 Bidding / Notice to Proceed (Time and Material) $25,000 PROFESSIONAL FEES $1,269,100 REIMBURSABLE ALLOWANCE $30,000 AS NEEDED ADDITIONAL SERVICES $35,900 TOTAL FEE $1,335,000 Note: This fee summary represents the current understanding of the project scope and complexity associated with a single phase of construction. The scope of work and associated fees are subject to adjustment upon request from City, if the construction budget is modified, or multiple phases of construction are desired. Fee adjustments, if any, shall be documented by addendum to this Amendment. REIMBURSABLE EXPENSES When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee: • Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents • Permits, plan check, and inspection fees • City business license • Agronomic Soils testing City Attorney Approved Version 6/12/18 11 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 CONSULTANTS' HOURLY RATES Compensation for additional services will be billed hourly at our standard rates* below: RJM DESIGN GROUP, INC. Principal Landscape Architect $175 - $195 per hour Associate Landscape Architect $155 - $165 per hour Landscape Architect $139 -$149 per hour Job Captain / Landscape Designer $123 -$133 per hour CADD Technician / Graphics $107 - $117 per hour Clerical $ 80 per hour DAHLIN ARCHITECTS Partners Principal Sr. Project Architect / Manager / Associate Architect Project Architect / Manager Job Captain Intermediate Designer! Drafter II Junior Designer! Drafter I Administrative Staff $225 per hour $203 per hour $181 per hour $139 per hour $123 per hour $111 per hour $100 per hour $ 69 per hour PSOMAS Principal Project Manager Senior Project Engineer Project Engineer Lead CAD Designer CAD Designer Civil Engineer Staff Engineer Project Assistant $213 -$245 per hour $181 -$213 per hour $181 -$208 per hour $149 -$187 per hour $101 -$128 per hour $101 -$117 per hour $101 -$117 per hour $ 96 - $117 per hour $ 69 - $ 96 per hour NEW LINE SKATEPARKS Principal Director of Operation $180 per hour Project Manager $120 per hour Design Director $120 per hour Design Production $100 per hour FBA ENGINEERING Principal! Project Director V.P. / Senior Associate Associate! Project Manager Construction Support $210 per hour $160 per hour $160 per hour $135 per hour 12 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: E6D289E4-2A63-43D1-8A9F-9CAOD2D16395 Electrical Designer $110 per hour CAD / BIM Designer $ 90 per hour Technical Typist $ 50 per hour GLASIR DESIGN On-Site Consulting $128 per hour Irrigation Designer $101 per hour ADS CONSULTING ENGINEERS Principal $195 per hour Project Engineer $175 per hour CADD Operator / Drafter $155 per hour Technical Typing & Reproduction $110 per hour Site Visit ($500 minimum charge per visit, includes travel time) $175 per hour *Note these rates have been adjusted from the original contract amount in 2018 per CPI. *Charges for subconsultant services are billed at cost plus a 15% coordination fee. Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above. Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2021. Provisions for fee escalation pertain to all contract extensions and additional work. ADDITIONAL SERVICES Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client's request, reimbursable at Consultant's standard hourly rates. Additional services may include, but are not limited to: • Additional meetings, presentations, or site visits beyond those identified in the scope of work. • Exhibit preparation beyond that identified in the scope of work. • Revisions to documents required as a result of changes in Client's direction; changes subsequent to Client's/City approval; or changes in governmental codes or regulations. • Design of improvements beyond the designated park site, or due to changes in project phasing schedule. • Engagement of other consultants not specifically identified above. (environmental, security/surveillance, traffic, signage/graphics, utility consultants, construction management, etc.) City Attorney Approved Version 6/12/18 13 November 27, 2018 Item #2 Page 11 of 38 AGREEMENT FOR DESIGN SERVICES RJM DESIGN GROUP, INC. THIS AGREEMENT is made and entered into as of the 'J. s~ day of N ~ , 20~, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RJM Design Group, Inc., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in design services. B. Contractor has the necessary experience in providing professional services and advice related to design services on Veterans Memorial Park. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The City Manager may amend the Agreement to extend it for three additional two-year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed three hundred ninety-eight thousand two hundred dollars ($398,200). The total fee payable for the Services to be performed during a two-year extension of this Agreement, if any, shall not exceed three hundred ninety-eight thousand two hundred dollars ($398,200). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 November 27, 2018 Item #2 Page 12 of 38 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. 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. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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 attorney's fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 6/12/18 2 November 27, 2018 Item #2 Page 13 of 38 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's list of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11 .1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1 .1 Commercial General liability ICGLl Insurance. Insurance written on an "occurrence• basis, including personal & advertising inj ury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11 .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. 11.1.4 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. 11 .2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11 .2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6112/18 3 November 27, 2018 Item #2 Page 14 of 38 11.2.2 Contractor will obtain occurrence coverage, excluding Professional liability, which will be written as claims-made coverage. 11 .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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. 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. 15. 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. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. City Attorney Approved Version 6/12/18 4 November 27, 2018 Item #2 Page 15 of 38 For City Name Kyle Lancaster Title Parks Services Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2941 For Contractor Name Larry Ryan Title Vice President Address 31591 Camino Capistrano San Juan Capistrano, CA 92675 Phone No. 949-493-2600 Email larryr@rjmdesigngroup.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. 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 categories. Yes!ZI No D 18. 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 City Attorney Approved Version 6/12/18 5 November 27, 2018 Item #2 Page 16 of 38 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. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. 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. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION 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 City Attorney Approved Version 6/12/18 6 November 27, 2018 Item #2 Page 17 of 38 a change of venue in these proceedings to any other county. 25. 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 nor 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. 26. 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. II II II II II II II II II II II II II II II II II 7 City Attorney Approved Version 6/12/18 November 27, 2018 Item #2 Page 18 of 38 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) A,.1,±n Wco,ter I Cfo (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: Assistant City Attorney City Attorney Approved Version 6/12/18 8 November 27, 2018 Item #2 Page 19 of 38 EXHIBIT "A" SCOPE OF SERVICES TASK 1-PROJECT FAMILIARIZATION The objective during this initial phase is to review previously prepared documents, studies, exhibits, Environmental Assessment, 2015 Parks and Recreation Master Plan and rapidly get up to speed with the City's development objectives for Veterans Memorial Park (VMP). This process involves an interactive series of meetings and site visits to discuss the desired improvements, environmental constraints, design process, tour representative projects (if deemed beneficial). In general, gain a clear understanding as to the City's vision for Veterans Memorial Park. 1.1 Prepare for and attend "information sharing" meeting with City to define goals, objectives and vision for the project. Discuss City preferences for Community outreach as well as protocol for City/Design Team communication. Identify and confirm main stakeholders. Discuss Community needs as determined in 2015 Citywide Park and Recreation Master Plan as well as previously prepared studies, and exhibits, in order to get up to speed with the understanding and vision for the project. In addition, discuss regulatory agency permitting as well as the processing requirements/strategy for Coastal Development {CDP), and Conditional Use Permit {CUP). City provided materials include: a. Community needs outlined in the 2015 Park and Recreation Master Plan b. Outdoor Adventure Park Feasibility Studies c. Environmental Assessment/analysis /Habitat Management Plan (Inc. buffers next to habitat) d. Preliminary studies and plans e. Currently available survey data within the project area. Wayfinding/ln/ormation Kiosks f. Preliminary program for desired potential building types g. • As-Built" infrastructure plans h. Perimeter streetscape/roadway plans 1. Title Report-Easement/encumbrance map with restrictions j. Geotechnical soils report {determine adequacy and opportunity to provide simple update) k. Utility availability map I. Project budget-cost estimate information City Attorney Approved Version 6/12118 9 November 27, 2018 Item #2 Page 20 of 38 1.2 Aerial Mapping: Perform aerial topographic mapping for the 48-acre developable area. Topographic mapping will be provided in conformance with FGDC Geospatial Positioning Accuracy Standards, Part 4: Architecture, Engineering, Construction, and Facilities Management (FGDC-STD-007.4-2002), with a plotting scale of 1• = 40' and equivalent vertical accuracy suitable for 1.0' interval contours. As an alternate, and for an additional fee, aerial mapping can be provided for the entire 91.5- acre site. Utility, easements and site boundary information is to be provided by the City. 1.3 Field Update Survey Topographic data will be collected in the field and merged into the site topography files and include the following: • Cross-sections for half width of Faraday Avenue and Whitman Way • Location of surface utility features including invert elevations for accessible manholes • Location of culvers and catch basin with invert elevations 1.4 Meet with City staff to discuss and outline a Social Media Campaign consistent with the platforms currently being utilized by the City including: Facebook, Twitter, YouTube, Pinterest, and lnstagram. The strategy shall identify the various interaction/touch points with the Community that will be utilized to share information and gain a clear understanding of stakeholder needs, values, concerns, and priorities that will inform the development of the park. Digital media developed throughout the project will be sized and made available for posting by the City's account administrators. Project updates, workshop notifications and invitations will be coordinated in advance of the actual meetings. This outreach will inform users of the project's intent, timing, proposed meeting dates and project updates. Working with City account administrators RJM will recommend suggested target areas for additional placement to promote events and project announcements. Comments delivered via social media accounts will be summarized and included in the Master Plan report. 1.5 Provide specialized site studies: Phase 1 Environmental Assessment -Provide Phase 1 Environmental Assessment. Geotechnical -Review background Geotechnical soils report information from adjacent developments as available, as well as the on-site infrastructure improvements. Perform Promote sensitive site planning adjacent to existing residences. Ctty Attorney Approved Version 6/12/18 10 November 27, 2018 Item #2 Page 21 of 38 geotechnical field work including site infiltration testing and laboratory testing and prepare a summary report that includes recommendations for earthwork/site preparation, foundations, flatwork, drainage, and other pertinent geotechnical considerations for construction. Prepare Geological Mapping of potential Landslides based on a Geologist walking the site area and documenting the results of the site/visual observations. Traffic -Prepare a Traffic Study based on the following assumptions. • 50 acre park -250 daily trips, 33 AM-Morning/23 PM-Afternoon peak hour trips (neighborhood /county park-undeveloped from SANDAG) Wet and Dry Utilities-Review available documents to determine available weUdry utilities serving the site area. These include: sewer, water storm drain, electrical, telephone, cable, and telecommunications. 1.6 Conduct visual site analysis of existing site conditions including topography, drainage, physical limitations, utilities, trail connections, vegetation, circulation, external influences, access, view corridors, and adjacent activities and property relationships. 1.7 Conduct cultural resources and biological resources constraints analysis include literature reviews, and site surveys. • Cultural Resources: Psomas will conduct a literature review, including a review of the findings of a records search through the California Historical Resources Information System (CHRIS) database at the South Coastal Information Center (SCIC) housed at the campus of San Diego State University (SDSU). The records search will review relevant previously recorded cultural resources and previous investigations completed for the ½-mile search radius surrounding the project site. Information to be reviewed will include location maps for all previously recorded cultural resources, previously conducted investigation boundaries, National Archaeological Database (NADB) citations and copies for associated reports, historic maps, and historic addresses. Psomas will also review properties listed on/as the California Points of Historical Interest (CPHI), California Historical Landmarks (CHL), Caltrans Historic Highway Bridge Inventory, California Historical Resources Inventory, local city and county registries of historic properties, the California Register of Historic Resources (CRHR), and the National Register of Historic Places (NRHP). Additional sources of information that may be reviewed include but are not limited to Certified Local Government annual reports and other data, HABS/HAER records, the National Register Information System, the on-line database for National Register sites, Calisphere Digital Resources, Online Archive of California, Government Land Office Plat Maps, Sanborn Fire Insurance Maps, local historical societies and libraries, as well as inventory files and data on-file with other agencies that control property near the area. The task will also include a search for potential prehistoric and/or historic burials (human remains) evident in previous site records and/or historical maps (i.e., Sanborn Fire Insurance Maps, Government Land Office Plat Maps). In addition to the above research, a request to the Native American Heritage Commission (NAHC) will be submitted for a review of their sacred land files (SLF). This search will identify if any resources important to Native Americans have been recorded within the project area and surrounding vicinity. Using the list of affiliated tribal representatives from NAHC, Psomas will send out informal consultation letters. Note that City Attorney Approved Version 6/12/18 11 November 27, 2018 Item #2 Page 22 of 38 this consultation does not satisfy the lead agency's requirements under Assembly Bill {AB) 52. Psomas will also request a paleontological records search and literature review for the project area, including a ½-mile radius buffer, from the Natural History Museum (NHM) of Los Angeles County's Vertebrate Paleontology Section or from the San Diego Museum of Man. The review will include the geological formations underlying the project site; the range of known fossil types and localities in the vicinity; the potential to adversely affect fossil resources; and recommendations for mitigating any adverse effects to a level of less than significant. Currently, the NHM estimates 2 to 3 weeks from the date of request to receive a paleontological records search. Psomas will complete a systematic survey of the project area (approximately 49 acres). The cultural resources survey will be conducted in accordance with the professional standards as described by the National Parks Service, Secretary of Interior's Standards and Guidelines, as amended for Archaeology and Historic Preservation. Psomas cultural resources specialist will survey the project area for the presence of: o Prehistoric artifacts (e.g., flaked stone tools) o Tool-making debris, stone milling tools o Historic artifacts (e.g., metal, glass. ceramics) o Sediment discoloration that might indicate the presence of a cultural midden o Depressions and other features indicative of the fonmer presence of structures or buildings (e.g., post holes, foundations) o Historic buildings, structures, or objects The Fee Estimate assumes two cultural resource specialists from Psomas will complete the survey within one 10-hour day and assumes no resources will be found during the survey. No site recordation, site evaluation, data recovery, and/or monitoring is included in this Scope of Work. Psomas will summarize the results of the literature search and field survey to inform preparation of the Master Plan. • Biological Resources Constraints Assessment: A literature review will be conducted to determine the species that have been identified as special status by federal, State, and local resources agencies and organizations that have a potential to occur on the project site or in its immediate vicinity. Sources to be reviewed include (1) special status species lists from the California Department of Fish and Wildlife (CDFW), the U.S. Fish and Wildlife Service {USFWS), and the California Native Plant Society (CNPS); (2) database searches of the Jepson Online Interchange for California Floristics, the CDFW's California Natural Diversity Database (CNDDB), and the CNPS' Inventory of Rare and Endangered Plants; (3) the most recent Federal Register listing package and critical habitat determination for each federally listed Endangered or Threatened species potentially occurring on the project site; ( 4) the CDFW Annual Report on the status of California's listed Threatened and Endangered plants and animals; and (5) biological resource documents relative to the City of Carlsbad Habitat Management Plan (HMP). Upon completion of the literature review, Psomas will conduct a general walk-over survey to identify and map the extent and distribution of vegetation types on and adjacent to the City Attorney Approved Version 6/12/18 12 November 27, 2018 Item #2 Page 23 of 38 project site, including any special status vegetation types. An assessment of the potential for special status plant species to occur will be compiled based upon observations and field notes taken during the survey. The survey will also document existing wildlife use of the project site, including an assessment of the potential for special status wildlife species to occur. Any special status plant or wildlife species observed will be reported to the CNDDB. In addition, a jurisdictional delineation will be conducted onsite for the potential presence of U.S. Army Corps of Engineers (USAGE), CDFW, and California Coastal Commission jurisdictional resources. Following completion of the survey, a Memorandum will be written to briefly describe the results of the literature review and site visit. The Memorandum will describe (1) the methodology used to conduct the biological survey; (2) a general description of the existing biological resources on the project site; (3) the potential of the project site to support special status biological resources; and (4) potential project constraints or significant impacts to biological resources. Psomas will provide the City with one electronic draft of the Memorandum for use in preparing the Master Plan. Please Note: Focused surveys for special status plant ($3000) and wildlife species ($3000) are included in this Scope of Work but shall only be provided if deemed necessary following initial site assessment work. The documentation of the above survey effort will make recommendations for additional surveys that would be required based on the concerns of state and federal resource agencies and the and the potential for special status species to occur on the project site based on the presence of suitable habitat. These additional focused surveys shall be discussed with the City and approved prior to the work being performed. 1.8 Review City's Hillside Ordinance and Hillside Development Guidelines Manual, Coastal Development (CDP) and Conditional Use Permit (CUP). Meet with City Planner to discuss and identify opportunities and constraints related to the Hillside Development Ordinance, CDP, and CUP processes. 1.9 Prepare an overall site area Opportunity and Constraints exhibit. 1.10 Prepare for and conduct site tour with City staff of other "built" park facilities/projects to generally become familiar with desired facilities/ treatments/ relationships. We anticipate two (2) full day tour days of nearby projects that represent the vision, facilities and goals identified for the Veterans Memorial Park. 1.1 1 Programming Criteria summary shall be reviewed/approved by City and shall be part of the information sharing with the Community at the "Morning in the Park" Workshop #1 . 1.12 Meet with the City including the Cultural Arts Manager to discuss the opportunity to integrate Arts & Culture into the vision for the park. The goal is to also review the list of "preliminary" program criteria and the appropriate application/selection process for local artists to become involved. Our previous experience of integrating Culture & Art into the fabric of our public spaces include the incorporation of performance venues (amphitheaters, bandstands, stage, and multi-use plaza areas) as well as design features that are inspired by appropriate metaphors, history, public art, murals, lighting as well as other forms of visually creative expression including the incorporation of specialized interpretive/educational elements. Through this experience we have learned the value of integrating the selected artist(s) into the collaborative design team early in the design City Attorney Approved Version 6/12/18 13 November 27, 2018 Item #2 Page 24 of 38 process. Our recommendation is to work with the City in in encouraging local artists to submit qualifications, be available for an interview and then the successful candidate(s) be selected to participate as an integral team member. MEETINGS: (5) Meetings (Kick off, Social media, Planner (CUP, HOP, CDP), Cultural Arts Manager, interview artist PRODUCTS: (2) Site tour days Meeting Notes Topographic Base Map Social Media Campaign (Community Outreach Plan) Opportunity and Constraints exhibit Tour outline-Agenda Programming Criteria Phase 1 Environmental Assessment Geotechnical Soils Report Landslide Mapping Traffic Study Wet/Dry Utilities Focused plant and wildlife surveys (if required) TASK 2 -MASTER PLAN A primary service proposed within our overall scope of work is an intensive interactive design phase involving City staff, stakeholders, user groups and RJM team members (Architect, Civil Engineer, Environmental Consultant, etc.) collaborating together to inform and give shape to the identified vision for Veterans Memorial Park. During this process, a series of meetings shall take place to identify and discuss design objectives, environmental issues, infrastructure, suggested refinements as well as additional features or enhancements that may not have been initially identified as desirable by the City. This process involves an interactive series of meetings to discuss desired improvements, review and comment, prepare refinements and then ultimately Promote ADA compliant path of travel/access. gain the preliminary approval of the proposed (2· 3) options/ alternative plans prior to making them available to the Community through public presentations/feedback meetings. 2.1 Prepare and review materials for Workshop #1 with City staff. Conduct a ½ day "Morning in the Park" Workshop #1 with stakeholders and members of the Community at the park site. The goal is to share site information, opportunities and constraints, needs identified in the 2015 Park and Recreation Master Plan, conduct a site walk/tour, and facilitate a Community input session. City Attorney Approved Version 6/12/18 14 November 27, 2018 Item #2 Page 25 of 38 _The steps involved with this workshop are suggested as follows: • Questionnaire: Prepare draft questionnaire for the Community Workshop. • Prepare Site Awareness Presentation from mapping developed in task one. • Conduct Amenities Charrette Workshop. RJM will facilitate an amenities workshop to discuss the likes, dislikes, issues, and desired features/ideas with the community. Input received from this meeting will be reviewed with the City, clarified as necessary and incorporated into the Conceptual Plans. 2.2 Commence preparation of (2-3) preliminary design studies that reflect the preliminary program elements identified by the City. Refine and enhance the various elements, building components and site relationships outlined in the summary of program elements/features approved by the City. 2.3 Prepare for and attend a collaborative design meeting with City and team members, including the selected artist(s) to review preliminary design studies, and to discuss suggested refinements. Note: Confirm strategy and schedule with City for public engagement sessions to provide opportunities for discussion on public art prior to formal concept development. 2.4 Continue preparation of "refinements• to preliminary design studies to refine and enhance the various site elements, building components, and opportunities for public art as outlined above. 2.5 Prepare and review with City staff the PowerPoint presentation and support exhibits for a public presentation to the Community (Workshop #2). Conduct Workshop #2 with the Community and solicit their input on the preliminary design studies. 2.6 Team members shall prepare refinements to the preliminary design studies based on Community comments and City direction and commence preparation of •oratt• Master Plan and Pattern Book that includes: Basis of Design, Graphics and illustrations supporting the design theme, park elements and design approach. 2. 7 Prepare and review with City staff the "Refined" PowerPoint presentation and support exhibits for presentation to the Community (Workshop #3). Conduct Workshop 3 with the Community and solicit their input on the "refined" preliminary design studies. 2.8 Team members shall prepare refinements to the preliminary design studies based on Community comments and City direction. 2.9 Prepare for and attend presentation to the Cultural Arts and solicit their input on the preliminary design studies. 2. 1 O Prepare for and attend presentation to Parks and Recreation Commission and solicit their input on the preliminary design studies. At the conclusion of this meeting it is our goal to have the Commission indicate their preference as to their most desired of the preliminary design studies. 2.11 Prepare for and attend presentation to the City Council to provide an overview of the process, various plan options, solicit their input and confirm their preference as to the Ctty Attorney Approved Version 6/12/18 15 November 27, 2018 Item #2 Page 26 of 38 projects direction and preferred preliminary design studies. At the conclusion of this meeting it is the goal to have the Council select the most desired of the preliminary design studies for further refinement. 2.12 Prepare preliminary storm water management and hydrology calculations. 2.1 3 Develop a Preliminary Grading Plan for the selected Design Plan. This grading plan will illustrate proposed 1' contours relative to the existing contours. The intent of the proposed grading will be to: • Minimize earthwork and related costs required to accommodate the desired improvements. • Incorporate concept level storm water Best Management Practices, based on Preliminary Storm Water Management Plan (SWMP) calculations and to comply with Explore expanded trail lillka9e opportunities City Standard Urban Storm Water Mitigation Plan (SUSMP) and City of Carlsbad Land Development Engineering Standards. • Prepare preliminary contour grading, and berming study. Note: This preliminary contour grading study shall establish desired grade relationships between proposed features, integrated spectator seating areas, ADA compliant path of travel, and linkages/connectivity to adjacent trail area components and development areas. • Preserve the existing grade around the environmentally sensitive areas included in the Habitat Management Plan. • Prepare grading plan consistent with the requirements of the City's Hillside Development Guideline Manual. • Prepare earthwork calculations based on final preliminary grading plan. 2.14 Develop Preliminary Landscape Plan to comply with Hillside Management Ordinance. Ctty Attorney Approved Version 6/12/18 16 November 27, 2018 Item #2 Page 27 of 38 2.15 Prepare for and attend one meeting each with City of Carlsbad Fire Department (CFD) and City of Carlsbad Public Works Department (CPW) to present the proposed improvements and discuss any requested refinements. 2.16 Based upon input received from the review meetings from CFD, CPW, and direction from City, prepare refinements and clarifications to the preliminary design plans. 2. 17 Prepare for and attend one meeting each with CFD and CPW to review refined preliminary design plans. 2.18 Submit refined plans to City for review and approval with CFD and CPW. 2.19 Based upon comments from CFD and CPW and direction from the City Improve parking at existing trail head prepare refinements and clarifications to the preliminary design plan. 2.20 Prepare Preliminary SWMP. 2.21 Prepare Preliminary Hydrology Study. 2.22 Prepare Preliminary Statement of Probable Construction Costs 2.23 Based on City Council review, input and direction prepare a Design ConcepVMaster Plan summary. The summary includes: • Refined site plan including all proposed site elements and features • Plan enlargements • Preliminary Architectural Floorplans • Preliminary Grading Plan with water quality treatment areas identified • Slope Analysis Plan • Slope Profiles • Preliminary Landscape Plan • Preliminary Hydrology Study Community Consensus Building • Preliminary Storm Water Management Plan (SWMP) • Cultural Arts & Public Art exhibit indicating the features integrated into the plan • Estimate of Probable construction Costs City Attorney Approved Version 6/12/18 17 November 27, 2018 Item #2 Page 28 of 38 2.24 Compile the Master Plan and Pattern Book and review with City staff. Book includes: Preliminary Landscape Plan, Site Plan, Grading Plan, Basis of design and design approach, Slope Analysis, Slope Profiles, Preliminary Hydrology Study and SWMP, and required documents and submittal items for the Hillside Development Permit Application. Submit Master Plan and Pattern Book to City for review and approval. Respond to comments as required to obtain approval. This scope of work does not include the preparation of Building Plans and Elevations. However, if the selected site plan requires preparation of Building Plan and Elevations, this can be provided subject to a contract amendment. 2.25 Develop and coordinate a Coastal Development Permit (CDP) application for the project in compliance with Chapter 21 .201 , Coastal Development Permit Procedures, of the City's Municipal Code. The RJM Team will complete the CDP application form and required appendices based on information provided by the City. Such information includes the project description (including construction methods and equipment), assessor's parcel numbers for surrounding land owners, names of neighboring property owners and occupants, and wet signatures on the CDP application form. RJM will provide one ( 1) electronic copy of the draft CDP application for review by the City. One (1) round of comments will be incorporated into the final CDP application document. Coordination with the City after the permit application is submitted may include response to requests for additional information to clarify project data. It is assumed that additional information is readily available at the time of the request and that such information would not require substantial modification to the existing project description. If any substantive changes to the project description occur after submission of the application, a new permit application package may be required. Filing Fees: The permit application must be accompanied by an application. Fil ing fees are based on the total project cost, project type, and/or project area characteristics. Fee costs will be determined by RJM during the application preparation period and will be paid for by the City. 2.26 Resubmit a revised application if the City requests additional information. A notice of pending Local Development Permit will be provided to the City for posting at the project site. The City reviews application. 2.27 Prepare for and attend presentation to the Planning Commission to provide an overview of the process, and present the Design ConcepVMaster Plan summary. 2.28 Prepare for and attend presentation to the City Council to provide an overview of the process, and present the Design ConcepVMaster Plan summary. 2.29 Preparation of an Initial Study/Mitigated Negated Declaration (IS/MND) pursuant to the California Environmental Quality Act (CEQA). A. Environmental Documentation The California Environmental Quality Act (CEQA) process would be initiated following selection of the Final Design Concept for Veterans Memorial Park. Without information regarding the types and location of uses that will be identified in the Master Plan, it is difficult to determine what the potential impacts may be and the appropriate type of environmental document that should be prepared to comply with CEQA. Based on input provided by the City, this Scope of Work and associated Fee Estimate assume an Initial Study/Mitigated Negative Declaration (IS/MND) will be prepared. If it is subsequently determined that the project may have significant impacts that cannot be Ctty Attorney Approved Version 6/12/18 18 November 27, 2018 Item #2 Page 29 of 38 avoided, an Environmental Impact Report (EIR} will be required. Psomas can prepare an EIR subject to a contract amendment. 1. Project Initiation for the Environmental Process Psomas will attend a kick-off meeting with the City and Project Team members to discuss the project plans; identify information needs and potential issues; discuss the approach to preparing the IS/MND; and to review the overall project schedule. Psomas will provide a data needs list requesting information related to project construction and operations that is needed for the environmental analyses. Psomas will also conduct a site visit to document the existing conditions at the site and in the surrounding area. We assume that the City will arrange for access to the site, if necessary. 2. Technical Analyses The following technical analyses will be conducted by Psomas and incorporated into the IS/MND: • Air Quality Analysis Psomas will conduct an air quality analysis to evaluate the potential air quality impacts of the proposed future park development. Psomas will use information provided as part of the data needs request and the traffic study to calculate criteria pollutant emissions using the latest California Emissions Estimator Model (CalEEMod). Significance thresholds for air quality will be based on those used in the City's General Plan Update. These thresholds are based on the San Diego Air Pollution Control District (SDAPCD) Rule 20.2. Regional emissions generated by the proposed recreational land use will be accounted for primarily based on vehicular and energy related emissions. A qualitative assessment of traffic congestion at intersections affected by the project will be performed to determine if the implementation of the project would cause or contribute to a local carbon monoxide (CO) "hotspot". It is not anticipated that a CO hotspot would occur, and no dispersion modeling of roadway vehicles is included in this Scope of Work for the CO analysis. Additionally, the analysis will include a determination of conformity with the SDAPCD's Regional Air Quality Strategy. If potential significant impacts are identified, Psomas will recommend appropriate mitigation measures. The results of this analysis will be incorporated into the Air Quality section of the IS, with modeling output included in the appendix. • Biological Resources Technical Report Following completion of the Master Plan and identification of physical impact areas, a Biological Resources Technical Report (BTR) will be prepared according to requirements outlined in the City of Carlsbad Habitat Management Plan. Information gathered in during preparation of the biological constraints assessment above (i.e., literature review, vegetation mapping, delineation) shall be utilized for the preparation of the BTR. As required, the BTR will include the following information: Cover page Summary of Findings Introduction o Project location City Attorney Approved Version 6/12/16 19 November 27, 2018 Item #2 Page 30 of 38 o Project description o Graphics showing regional location, location with respect to HMP boundaries, and project study area with boundaries Methods and Survey Limitations o Background literature and Geographic Information System data search o Field survey methods Results (quantification of existing conditions) o Vegetation community descriptions o Inventory of plants and wildlife o Sensitive species -locations and number of individuals o Sensitive habitats -location and acres o Jurisdictional wetlands o Wildlife movement corridors o Graphics showing sensitive resources and project boundary Evaluation of Project Impacts o Quantification of impacts to vegetation communities and jurisdictional resources o Analysis of impacts to sensitive species (incl. potentially occurring) and habitat o Quantification of permanent and temporary impacts o Evaluation of significant and non-significant impacts o Evaluation of local and regional significance of the loss of species or habitat o Evaluation of impacts to wildlife movement corridors Mitigation Measures o General mitigation measures to avoid or reduce potential impacts o Measures to reduce the significant impacts to below a level of significance o Mitigation requirements for Coastal Zone or Standards Areas o Adjacency standards o In lieu fees o Habitat mitigation • Required habitat mitigation ratios per HMP • Ratios for mitigation habitat that is created or restored (as opposed to existing) • Mitigation habitat (on or off-site) must be determined prior to project approval • Acreage and potential location of creation/restoration mitigation habitat o Mitigation requirements for jurisdictional resources (wetlands and waters) o Species-specific mitigation requirements • Listed species • Narrow endemic species • Covered species • Nesting migratory birds or raptors o Mitigation Monitoring Reporting Program Ctty Attorney Approved Version 6/12/18 20 November 27, 2018 Item #2 Page 31 of 38 This scope assumes that the administrative draft BTR will be submitted to the City along with the administrative draft IS. • Cultural Resources Assessment Following completion of the Master Plan and identification of physical impact areas, Psomas will prepare a technical report which incorporates information compiled for the Master Plan support effort, identifies potential impacts and mitigation measures (if required), and incorporates site photos and references. This scope assumes that the administrative draft report will be submitted to the City along with the administrative draft IS. This Scope of Work and Fee Estimate assumes that the City will conduct project notification and consultation with Native American tribes, as required by Assembly Bill 52. Psomas can assist with this effort, if requested by the City, subject to a contract amendment. • Greenhouse Gas (GHG) Emissions Analysis As part of the data needs request, Psomas will request available information on construction and operational data, including anticipated demands for electricity and water; Psomas will calculate GHG pollutant emissions associated with the construction and operations of the proposed park development. The method of assessing significance for quantitative GHG emissions will be based on criteria established by the City. Significance will also be assessed by considering whether implementation of the project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, including State, regional, and the City's Climate Action Plan (CAP) and Community Vision on Sustainability. Psomas will evaluate potential climate change impacts based on Section 5.3 -Project Review Thresholds and Checklist of the CAP. This portion of the CAP allows for a streamlined review of projects under CEQA. If potential significant impacts are identified, Psomas will recommend appropriate mitigation measures. The results of this analysis will be incorporated into the Greenhouse Gas Emissions section of the IS, with modeling output included in the appendix. • Noise and Vibration Analysis Psomas will conduct a noise and vibration analysis to determine whether construction and operational activities would be in compliance with the City's General Plan Noise Element and the Municipal Code. Ambient noise levels would be based on projections provided within the City's noise element and no ambient noise measurements are proposed. The project has the potential for noise and vibration impacts at the multifamily residential uses located to the north of the project site. Construction activities are anticipated to primarily involve off-road equipment and power tools used for site preparation and building construction. Noise and vibration produced during the construction phases will be evaluated against standards developed by the City, State, and the federal agencies. Operational phase noise will be based on projected traffic volumes on local streets and active recreation activities. The project site is located in the vicinity of the McClellan-Palomar Airport. The Airport Noise Compatibility Policy for the City, as analyzed in the Noise Element, will be used to determine potential noise impacts at the project site. If potential significant City Attorney Approved Version 6/12118 21 November 27, 2018 Item #2 Page 32 of 38 impacts are identified, Psomas will recommend appropriate mitigation measures to lessen or eliminate the noise or vibration impacts. The results of this analysis will be incorporated into the Noise section of the IS, with technical data included in the appendix. 3. Administrative Draft Initial Study/Mitigated Negative Declaration Psomas will prepare the administrative draft IS/MND using the City's checklist form or other approved format, and a Notice of Intent to Adopt an MND. The IS will contain project information and a project description; the location of the project site, a description of the environmental setting and surrounding land uses, a discussion of the environmental setting, an identification of the potential environmental effects of the project, and, a discussion of any required mitigation measures. For the topical issues addressed in Task 2 (air quality, biological resources, cultural resources and tribal cultural resources, GHG emissions, and noise), Psomas will summarize the results of the analyses in the IS/MND. Additionally, the following IS/MND sections will be based on technical reports being provided by others: • geology and soils • hazards and hazardous materials • hydrology and water quality (prepared by Psomas as part of IA, above) • traffic and utilities and service systems • traffic Because of the lack of agricultural and forestry resources and mineral resources at the project site, and because the proposed project would not impact existing housing or generate new residents (population and housing), there would be no impact for these topical issues; this will be documented in the IS/MND. Following is Psomas' Scope of Work for conducting the analysis for the remaining topical issues: • Aesthetics. Impacts associated with changes in the visual characteristics of the site and surrounding areas due to construction of the park improvements will be discussed. The analysis will focus on site improvements that will be publicly visible and off-site improvements on public rights-of-way and visible from the Pacific View Apartments to the north and northwest and the single- family homes to the northeast. Any new light sources will also be identified. However, this Scope of Work does not include visual simulations, a lighting study, or shade and shadow analysis. Mitigation to reduce significant adverse impacts will be developed, as necessary. • Land Use and Planning. Psomas will describe the existing surrounding land uses based on the site visit under Task 1; review of aerial photographs; and information in the City's land use plan and other land use regulations. Psomas will analyze the consistency of the project with relevant planning documents, including the Carlsbad General Plan, the City's zoning code and other development regulations, and the City's Habitat Management Plan. • Public Services and Recreation. Psomas will coordinate with local service providers to assess potential impacts to police and fire protection services. Because the proposed project involves development of a park and associated City Attorney Approved Version 6/12/18 22 November 27, 2018 Item #2 Page 33 of 38 recreational facilities, the IS/MND in its entirety would address the potential impacts from construction and operation of the park. The proposed project does not involve the development of residential uses and would not increase the demand for schools or libraries; this will be identified in the IS/MND. • Utilities and Service Systems. The IS/MND will use relevant information developed as part of the Master Plan phase related to the size and location of existing utilities and the ability of these utilities to serve the project. Psomas will qualitatively address impacts related to solid waste generation, based on an estimate of waste generation by the project and review of available capacities at nearby landfills. Upon completion, the administrative draft IS/MND will be submitted electronically to the City for review and comment. 4. Approval Draft and Public Review Draft IS/MND Upon receipt of comments from the City, Psomas will revise the IS/MND and submit the approval draft IS/MND to the City for review and approval to finalize the document. The Scope of Work assumes that the City's comments on the approval draft will be minimal and editorial in nature and will not require substantial revisions or new analysis. If additional unanticipated screen check reviews of the IS/MND are required as a result of substantial changes (e.g., changes in the Project Description) or if new analyses are requested by the City, a contract amendment may be necessary. Psomas will be responsible for preparing the Notice of Completion (NOC), as well as for reproducing and distributing the IS/MND for a 30-day public review period. Psomas will send out by overnight mail up to 40 copies of the NOi and the IS/MND on CDs, which will include 15 NOls and CDs to the State Clearinghouse. Psomas will also file the NOi with the County Clerk. It is assumed that the City will be responsible for posting the NOi and IS/MND files on the City's website; for publication of the NOi in a newspaper of local circulation; and/or for posting the NOi on the project site. 5. Responses to Comments and Mitigation Monitoring and Reporting Program The decision-making body of the Lead Agency must consider the proposed IS/MND together with any comments received during the public review process. Preparation of written responses to comments are not required; however, it is common practice for responses to comments to be prepared. Upon completion of the 30-day public review period, Psomas will review all comments received on the IS/MND and will coordinate with the City on the approach to preparing the responses to comments. Psomas will prepare written responses to comments received; however, it is assumed that other team members will prepare responses for comments addressing their area of expertise. Draft responses to comments will be electronically submitted to the City for review and comment. This proposal assumes a total of 25 hours of technical staff time (Psomas Environmental) will be needed to develop adequate responses. If additional effort is necessary to prepare legally adequate responses (due to the number of comments received or due to legal counsel involvement), Psomas will notify RJM and the City and a contract amendment may be required. Upon receipt of comments from the City on the draft response to comments, Psomas will revise the responses accordingly and the document will be resubmitted for final approval. In compliance with Section 21081 .6 of the California Public Resources Code, City Attorney Approve<! Version 6/12/18 23 November 27, 2018 Item #2 Page 34 of 38 Psomas will prepare a Mitigation Monitoring and Reporting Program (MMRP) for the project, using the City's standard format. The MMRP will provide the timing and entity responsible for each mitigation measure and will include the City department or individual responsible for verification that the mitigation measure has been implemented. Upon adoption of the MND and approval of the project, Psomas will prepare the Notice of Determination (NOD) but assumes the City will be responsible for filing the NOD with the State Clearinghouse and County Clerk, including payment of the California Department of Fish and Wildlife (CDFW) filing fee and the County Clerk processing fee. 6. Project Management and Public Hearing This Scope of Work assumes that project management activities will extend over an approximate six-month period, during completion of the CEQA process. Psomas will maintain regular telephone and email communications with the City, as appropriate, to discuss the status of the project or resolve environmental issues as they arise. This task also includes attendance at one public hearing for the project. Attendance at additional meetings or hearings will be billed on a time-and- materials basis, based on Psomas' hourly rates and subject to prior City approval. B. Coastal Development Permit Processing Psomas can provide assistance to the team to obtain a Coastal Development Permit (CDP) for the proposed project. The permit requirements will be dictated by the project design. Because the project design is not complete, the Fee Estimate below assumes a maximum of 60 hours for the preparation of studies and plans to support the CDP process. Any additional permitting assistance will require a budget augment. 2.30 Prepare for and attend City Council hearing to approve the Master Plan, IS/MND. MEETINGS: PRODUCTS: (4) Meetings with City [Review Workshop #1 ,2,3 materials, Design Mtg., and Master Plan Book] (4) Meetings 2-each with CFO and CWO (1) Pre Application meeting with City regarding Coastal Development Permit (1) Meetings with Cultural Arts (1) Meeting with Parks and Recreation Commission (1) Meeting with Planning Commission (3) City Council presentations Social Media Campaign Summary Preliminary design plans "Refined" preliminary design plans ·Draft" Master Plan and Pattern Book Coastal Development permit application IS/MND and associated technical studies Preliminary cost estimates CFO meeting notes and comments CWD meeting notes and comments •Final• Master Plan and Pattern Book City Attorney Approved Version 6/12/18 24 November 27, 2018 Item #2 Page 35 of 38 • Community Inspt.rcd Spooes •••• Price Proposal R·•MDESIGN ~ GROUP FEE SCHEDULE It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the development of Veterans Memorial Park project. This fee includes all costs to be incurred by RJM Design Group, Inc. with the exception of reimbursable expenses. Fees for the work are as follows: Phase/Task Task 1 Project Familiarization Task 2 Master Plan Reimbursable Expenses As Needed Additional Services $110,036 $258,164 $20,000 $10,000 Total*: $398,200 *Note: This fee summary represents our current understanding of the project scope and complexity associated with a construction budget of $20,000,000. The scope of work and associated fees are subject to refinement at Client's request. REIMBURSABLE EXPENSES (Estimated Allowance $20,000] When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above fee proposal: • Printing, plotting, copying, scanning, photography, graphic expenses • Delivery and handling of documents, shipping • Permits, plan check, and inspection fees • City business license • Agronomic Soils testing PAYMENTS Payments are due and payable on a monthly basis following the completion of any substantial phase of work SANJUANCAPISTAANO •SACRAMENTO www.RJMdeslgncroup.com • l949l-493-2600 November 27, 2018 Item #2 Page 36 of 38 ADDITIONAL SERVICES/CLARIFICATIONS Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client's request, reimbursable at consultant's standard hourly rates. Additional services may include, but are not limited to: • Additional meetings, presentations, or site visits beyond those identified in the scope of work. • Exhibit preparation beyond that identified in the scope of work. • Revisions to documents required as a result of changes in Client's direction; changes subsequent to Client's approval; or changes in governmental codes or regulations. • Design of improvements beyond the designated project 48-acre site, or due to changes in project phasing schedule. • Project shall utilize available utility maps and research coordination with utility companies. No utility potholing services are included. • It is unclear at this time if areas within the jurisdiction of the CDFW, US Army Corps of Engineers. {USACE) and/or RWQCB are present on the project site. These permits, if required, will be dictated by the project design. Therefore, at this time, it is assumed that these resources do not exist or will be avoided and no permits from the agencies are warranted. • Studies to confirm the available capacity of off-site or on-site utilities are not included at this time. • Additionally, specialty consultants not included on the project team (Aquatics, Interpretive, Graphics, etc.) can be provided as an additional service should the evolution of the project warrant their inclusion. CONSULTANTS' HOURLY RATES Compensation for additional services will be billed hourly at our standard rates• below: RJM DESIGN GROUP. INC. Principal Landscape Architect Associate Landscape Architect Landscape Architect Job Captain/ Landscape Designer CADD Technician Irrigation Designer Graphics Word Processor ill DAHLIN GROUP (ARCHITECT} Principal Architect Associate Architect Project Manager Job Captain Designer/Drafter II Designer/Drafter I Clerical ill FBA ENG INEERING (ELECTRICAL ENGINEER) Principal Senior Associate Project Manager Construction Support Electrical Designer CAD/BIM Designer Technical Typist $165 • $185 per hour $145 • $155 per hour $130 -$140 per hour $115 • $125 per hour $100 • $110 per hour $ 95 • $105 per hour $ 90 per hour $ 75 per hour $190 per hour $170 per hour $130 per hour $115 per hour $104 per hour $94 per hour $65 per hour $210 per hour $160 per hour $160 per hour $135 per hour $110 per hour $90 per hour $50 per hour SANJUAHCAPISTRANO •SACRAME.HTO 2 www.RJMdeslg,,1foup.com • (949J 493-2600 November 27, 2018 Item #2 Page 37 of 38 ill GLASIR Site Observation Irrigation Design Plan Check ill HL CONSTRUCTION MANAGEMENT (COST ESTIMATION} Chief Estimator Senior Cost Estimator Senior Mechanical Estimator Senior Electrical Estimator Senior Scheduler Ifil PSOMAS (ENVIRONMENTAL ENGINEERING} Principal Project Manager Senior Project Engineer Project Engineer Lead CAO Designer CAD Designer Civil Engineer Staff Engineer Project Assistant lfil SOUTHERN CALIFORNIA GEOTECHNICAL Principal Engineers & Geologists Project Engineers & Geologists Staff Engineers & Geologists Senior Technician Technician Laboratory Services Expert Witness & Deposition Clerical JZl STANTEC (ADVENTURE) Senior Level Consultant or Management Highly Specialized Technical Professional or Supervisor First Level Supervisor or First Complete Level of Specialization Fully Qualified Professional Position Junior Level Position lfil MORAN UTILITY SERVICE PRINCIPAL SR. ASSOCIATE SR. PROJECT MANAGER/ SR. LIGHTING DESIGN/ SR. SYSTEM ENGINEER ENGINEER/ ASSIST LIGHTING DESIGN/ ASSISTANT SYSTEM ENGINEER DESIGNER CLERICAL $120 per hour $95 per hour $85 per hour $117.50 per hour $117.50 per hour $117.50 per hour $117.50 per hour $117.50 per hour $200-230 per hour $170-200 per hour $170-195 per hour $140-175 per hour $95-120 per hour $95-110 per hour $95-110 per hour $90-110 per hour $65-90 per hour $200 per hour $120 per hour $100 per hour $75 per hour $70 per hour $70 per hour $400 per hour $60 per hour $188-234 per hour $158-179 per hour $129-148 per hour $109-125 per hour $83-101 per hour $270 per hour $210 per hour $175 per hour $130 per hour $110 per hour $ 60 per hour Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above. Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2019. Provisions for fee escalation pertain to all contract extensions and additional work SANJUAHCAPISTRANO• SACRAMENTO 3 www.RJMdestc,,v~com • [949] 49J..2600 November 27, 2018 Item #2 Page 38 of 38 CITY OF CARLSBAD vorrERANS MEMORIAL PARK. PROJECT SCHEDULE ........ N~OUIIIIIH•M"-" orw .... ,,,.. .. _, _, Mlitllltl -· _, '"" hll ;!l-41 141,l,-'I I M 1H I 1•1 ,,. l•ll~ TAS!t l • PaotCCT ,A.MIUAallA~ "' -' ' ., -' u .,.._ I ' .. ....... ,. ..... _ .. _ .. 1.7 ::_-.,~-- 1,1 :.a:· .... ~ .. .__.. .... 1.,0 s--ertdl--. Clw,tq,/lfQf'-*'iJ~b..i"'NRNMdl. l.ll~PIAW,~·~"· --'" ... ,a.,.,. I I TASat•NA.fr0:1'1.AN 6 .. hlrrllhrll " u -...... u -,.. -,. -· _, ., ,. -·--,., W-.~&dllill/ .. ,. -· -,. ....... 2.IO """"'~r 1n c;......,. 2.11~ ......... -,u ,w .., 2,15 ao&CfW >K ·-2.11 aco,C:fW' 2.13 Slb!ll__,_,.e 2. ............ ~ ,.,. ·-,.,, 222 ~---"--------,.,, 2.21 ~··=~~ .... 2.215 ......... fofCVl'.<:OP,lff.HW, ·--"'a.a.. .. we ,.,, ... ~ UIP£A.~ ,.,, -,.,. ""' """' "'"" @~•I(" ....... _,...., (I)_., Q) W..W-0.«t -·· _, _,. -· Nl);,11!1• ....... Mffltll 1l -JIIIJ _ .. , . -di•~ ~161""""'"" _,,,. ........ _.,. ~?l I lq,>:t,» I ~1l I 1•11 ;'1,41 I•? ,l-4 1 1•1 /14 1 1~1 .~ 1411H t.il ,'!•11•1 J-"1 1•1 ;,...1 t.111~ 1•1 I :14 l-1:1 :J.-11 1..l M l I•? IHI 1-lll-' ,.,, ... 1,11 ).-t11-21'.l.t 1 1,l .... ' • ' • • ' • • -I I I I RJMDESl-01 AUSTINA ACORD-CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DDNYYY) ~ 11/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 2R~!~cr Ali Smith IOA Insurance Services FlJ8,NJo, Ext): (619) 788-5795 50206 I FAX -6 4370 La Jolla Village Drive (AIC, No):(619) 574 288 Suite 600 i~lJ~ss: Ali.Smith@ioausa.com San Diego, CA 92122 INSURER/SI AFFORDING COVERAGE NAlC# INSURER A: RLI Insurance Comoanv 13056 INSURED INSURERB ,Arch Insurance Comoanv 11150 RJM Design Group, Inc. INSURERC: 31591 Camino Capistrano INSURERD: San Juan Capistrano, CA 92675 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \NITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ TYPE OF INSURANCE ~J>.,O~ ~~~ POLICY NUMBER ,~8Mg~, . .P.9!-.!fYEX~ LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -• CLAIMS-MADE [K] OCCUR ~~~~~~J9E~~~t7r?ence\ 1,000,000 X PSB0007263 09/30/2018 09/30/2019 $ X Cont Liab/Sev of Int -MED EXP /Anv one •erson) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 Fl POLICY [K] ~&'8f • LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: Deductible $ 0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 11= a accident) $ r-- ANY AUTO PSA0002412 09/30/2018 09/30/2019 BODILY INJURY (Per person) $ r--O\fvNED ~ SCHEDULED r--AUTOS ONLY r--AUTOS BODILY INJURY /Per accident) $ X ~LRTig:>s ONLY X ~ar~~i~ iP~7~&,\'d7;,~t?AMAGE $ X No Co. Owned Autos $ A X UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 1,000,000 r--PSE0003628 09/30/2018 09/30/2019 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION XI ~ffrnTE I I OTH-AND EMPLOYERS' LIABILITY ER YIN PSW0004066 09/30/2018 09/30/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE • E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~~it~itfii~ oW~PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Prof Liab/Clms Made PAAEP0031101 10/01/2018 10/01/2019 Per Claim 2,000,000 B Ded.: $25K Per Claim PAAEP0031101 10/01/2018 10/01/2019 Aggregate 2,000,000 / DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Veterans Memorial Park City of Carlsbad is Additional Insured with respect to General Liability per the attached endorsement as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad AUTHORIZED REPRESENTATIVE Parks & Recreation ~ J-U/11 799 Pine Avenue, Suite 200 ,r~-•-"~"' l"JJ. o?nnR ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: RJM Design Group, tnc. Policy Number: PSB0007263 RU Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPac.k®.FOR DESIGN PROFESSIONAL$ BLANKET ADDITIONAL INSURED ENDOR.SEMENT This endorsement modifies insurance provided under the following: BUSINESSQVVNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured E!ny person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "p:rsonal and advertising injury" caused iii whole or in part by you or those acting on-yoor b·ehalf: a. In the performance of your ongoing operations: b. In connection with premises owned by or rented to you; or c. In c-,nnni=!r:tinn with "yrnJr wnrk" ;;inrl inr.l1irlP.rl within the "product0completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This inaurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3, Tl1e fulluwir1y i=i c:!t.k.Jeu Lu SECTION Ill H.2. Other Insurance ,... COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, br a primary and non-contributory basis, thi;;; insurance is primary to other ir.isutance that is available to such additional insured which covers SL!ch c!cld.itional insurecl as a n~meq insureo, and we wm not share With that other iri.surance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs· after you have e11te1eu inlu lt1c:!l c;onllc1c;l u1 c1y1ee1111:i11l, u, b. The "personal .and advertising ihjury" for which coverage is sought arises out of an offense committed .after you have entereCI Into mat contract ot agreement. 4; The following is added to SECTION Ill K. 2. Transfer of Rights ot Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) We waive any rights of recovery we may have against any person or organizatlori because of payments we mal<c for "bodily injury", "property damag!::l" or "personal and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract cir agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement ·with such person or organization entered into by· you before the "bodily injury'' or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN. UNCHANGED. PP!.3 ~04 06 10 Page 1 of 1 Named Insured: RJM Design Group, lnc. Policy Number: PSB0007263 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPac.k®.FOR DESIGN PROFESSIONAL$ BLANKET ADDITI-ONAL INSURED J:-NDOR.SEMENT This endorsement modifies insurance pr.ovidedunder the following: BUSINE$$0V\INERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended tci include as an additional insured 1:1ny person or or~nization t_hat you agree in a contract or agreement re.quiring insurance to include as an additional insured ori .this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising i1'ljury" caused iii whole or in part by you or those acting on·your behalf: · a; In the performance of your on~rng operations; b. In conneotion with premises owned by or rented to you; or c. In ~nnn~r.tinn w·ith "yrnir wnrk'' ririrl inr.l1JdP.d within the "product•completed operations hazard". 2. The insurance provided to the additfonal insured by this endorsement is limited as f0flows: a. This insurance <does not apply on any basis to any person or organiza"tion for which coverage as an additional insured specifical!y is added by another endorsement to this policy. b, This insur.ence does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of rnsurance stated in D. Liability And Medical Expenses Limits of Insurance. 3, Tl1e fulluwirtb) i::; i::ltkJeu Lu SECTION Ill H.2. Other Insurance ,.. COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specincally agree in a contract or agreement that :the insurance provided to an additional insured under this policy must aJjp!IJ on a primary basis, br a primary 1:1nd non"contributory basis, this insurance is primary to other losutance that is available tci such additional ins"ured which covers SL!ch c1tld_itional in!,un~q 1::1s a n;;imi;c:f insured, and we will not share With that other insu"rance, provided that: a. The "bodily injury" or "property dama_ge" for which coverage Is sought occurs after you have er 1te1eu ir1lu !hell vtinlri:lvlui <:J.y!eeiru:nil, or b. The "p·ersona! .and advertising ihjL.fry" for which coverage is sought arises out of an offense committed alter you have entered Into that contract or agreeime.nt. 4'. The following is added to SECTION Ill K. 2. Transfer of Rights ot Recovery Agafnst otners to Us -COMMON POLICY CONDITIONS (BUT APPLICAB.LE TO ONLY TO SECTION II - LIABILITY) We wa.ive any rlghts of recovery we may have aga11ist any person or organization because of payments WO rrial<c for "bodily injury", "properly damag!:l" or "personal and advertising injuiy" arising out of 'your work" performed by you. or on your behalf, under a contract or agreement 1;vith that person or orgar.iizatibn. We vit.aive these rights orily where you have agreed to do ~o as part of a contract or agreement ·with such petSon or organization entered into by·-you before the "bodily injury" or "property damage" occurs, or the ''personal and advertising injury" offense is· committed. ALL OTHERTERMS ANO CONDITIONS O.F THIS POLICY REMAIN. UNCHANGED. PP/;3 ~.04 06 10 Page 1 oF:1 CALIFORNIA ALL PURPOSE ACKNOWLEGDMENT A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE ) ss ) On il / I l / Lo l %, before me, HEMANSHU P. BADANI, Notary Public, personally appeared {Zo~E:R.T j. Mu<;;11N& d) ---MrrA LJ~VE£,, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~re subscribed to the within instrument and acknowledged to me that hef.;fl.e/they executed the same in his/her/their authorized capacity(ies), and that by l;iis/l=ler/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 ~_and and official seal. OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document -MA_~~ Document Date It lf 6 /I ~ Number of Pages~ Sign~n Named Above: ____________ _ RLI Insurance Company -Company Profile -Best's Credit Rating Center RLI Insurance Company A.M.Best#:004210 Domiciliary Address 9025 North Lindbergh Drive Peoria, IL 61615 United States Web: www.rlicorp.com Phone: 309-692-1000 Fax: 309-689-8676 FEIN #: 370915434 Page 1 of 5 Fl.-x:ill-gll Ralina• ~ Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058460 -RLI Corp. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: Financial Size Category:llfp750 Million to $1 Billion) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed October 25, 2018 June 30, 1974 Long-Term Issuer Credit Rating View Definition http:/ /ratings.ambest.com/SearchResults.aspx? AltSrc=9 11/19/2018