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HomeMy WebLinkAboutMichael Baker International; 2023-05-02; PSA23-2131TRANPSA23-2131TRAN City Attorney Approved Version 12/28/2022 1 AGREEMENT FOR TAMARACK AVENUE TRAFFIC CALMING SERVICES MICHAEL BAKER INTERNATIONAL THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Michael Baker International, a Pennslyvania corporation ("Contractor"). RECITALS A. In accordance with the Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety Local Emergency declared in the City of Carlsbad, California on August 23, 2022, ratified by the City Council on August 30, 2022, and extended on March 21, 2023, and Carlsbad Municipal Code §§ 3.28.110 and 3.28.120, the City requires the professional services of a consultant that is experienced in traffic calming services. B. Contractor has the necessary experience in providing professional services and advice related to traffic calming services. 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 one (1) year from the date first above written. 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 sixty-two thousand three hundred forty dollars ($62,340). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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 DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A 2nd May PSA23-2131TRAN City Attorney Approved Version 12/28/2022 2 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 attorneys’ fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A PSA23-2131TRAN City Attorney Approved Version 12/28/2022 3 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 (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, 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. DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A PSA23-2131TRAN City Attorney Approved Version 12/28/2022 4 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. DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A PSA23-2131TRAN City Attorney Approved Version 12/28/2022 5 For City For Contractor Name Lindy Pham Name Ryan Zellers Title Associate Engineer Title Project Manager Department Public Works Address 5050 Avenida Encinas #260 City of Carlsbad Carlsbad, CA 92008 Address 1635 Faraday Ave Phone No. 858-810-1432 Carlsbad, CA 92008 Email ryan.zellers@mbakerintl.com Phone No. 442-339-2768 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 four categories. Yes No 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 to direct a solution to the problem. In such cases, the action of the City Manager will be binding DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A □ PSA23-2131TRAN City Attorney Approved Version 12/28/2022 6 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party 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 DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A PSA23-2131TRAN City Attorney Approved Version 12/28/2022 7 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A PSA23-2131TRAN City Attorney Approved Version 12/28/2022 8 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 CITY OF CARLSBAD, a municipal corporation of the State of California MICHAEL BAKER INTERNATIONAL, a Pennslyvania corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Tanya Bilezikjian, Vice-President & Assistant Secretary (print name/title) ATTEST: By: (sign here) for Sherry Freisinger, 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: CINDIE K. McMAHON, City Attorney BY: _____________________________ City Attorney DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A PSA23-2131TRAN City Attorney Approved Version 12/28/2022 9 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A February 8, 2023 Attn: Lindy Pham, PE Associate Engineer Public Works Branch 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: TAMARACK AVENUE TRAFFIC CALMING PROJECT Ms. Pham, Thank you for talking with us about the Tamarack Avenue Traffic Calming Project. We agree that there would be value in providing you these services using our previous work with the Emergency Bike Striping work we are currently performing. Michael Baker International is pleased to provide you with this scope of work and fee proposal for civil and traffic engineering design services. We are prepared to begin work on these plans immediately upon notice to proceed and can produce the final design package within 4 months. I’m here to answer any questions you may have about the proposal. Ryan Zellers, PE TE Traffic Engineering Department Manager | Michael Baker International DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A Michael Baker INTERNATIONAL Michael Baker INTERNATIONAL Tamarack Avenue Traffic Calming | City of Carlsbad 2 SCOPE OF WORK The following scope and fees are proposed for MICHAEL BAKER INTERNATIONAL to design traffic calming improvements along Tamarack Avenue roughly between Adams Street and Skyline Road within the City of Carlsbad. The scope of traffic engineering services is listed below. TASK 1: PROJECT MANAGEMENT AND MEETINGS 1.1 Project Management, Team Meetings, and Invoices This task will include a project kickoff meeting with the City, one (1) design-related project meeting, and the Traffic & Mobility Commission (assisting preparing presentation, attendance, and answering questions). Michael Baker will coordinate the meeting, provide a meeting agenda if appropriate, prepare exhibits, and distribute minutes within five business days. Also included are typical project correspondence and communications for approximately one month. A total of three meetings are assumed in this scope. Michael Baker will provide monthly reports including a summary of expenditures to date. The consultant shall also keep a project schedule. We will notify the City if there are any issues related to the budget or schedule. Deliverables: Meeting coordination, agendas, and meeting minutes. Invoices and project schedule updates if needed. TASK 2: TOPOGRAPHIC SURVEY 2.1 Horizontal and Vertical Survey Control Michael Baker shall establish horizontal and vertical control within the project site. Both horizontal and vertical control shall be based on Record of Survey 17271 “City of Carlsbad Survey Control”. Horizontal shall be the California Coordinate System (CCS NAD83, Zone 6, 1991.35 Epoch). Vertical control shall be the National Geodetic Vertical Datum of 1929 (NGVD29). Establishment of control shall be performed using current GPS and conventional methods and shall be post-processed in a least-squares network adjustment for evaluation and to provide a unified control net throughout the project site. Michael Baker shall set a minimum of three (3) semi-permanent inter-visible control points outside the areas of demolition to be used throughout the design and for construction purposes. 2.2 Topographic Survey of Project Site Michael Baker shall perform a topographic survey of the project areas that have potential drainage impacts (raised crosswalks / speed tables) described below: 1. Tamarack Avenue between Adams Street and Adair Way 2. Tamarack Avenue and James Drive (east side of intersection or approx. 300’ east of intersection) 3. Tamarack Avenue and Valley Street (west side of intersection) 4. Tamarack Avenue between Adler Avenue and Cresent Point Road 5. Tamarack Avenue and Sunnyhill Drive (east side of intersection) Survey to include location of existing curb and curb returns, pedestrian ramps, back of walks, spot elevations, grade breaks, *surface utilities, striping, & any other discernable improvements or features that are present within the project areas. Spot elevations/cross section intervals not to exceed 25-feet on center and more densified where definable grade breaks/changes are evident. DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A Michael Baker INTERNATIONAL Tamarack Avenue Traffic Calming | City of Carlsbad 3 *Utility mark-out (if a part) to be coordinated by the Client prior to the Michael Baker moving in for this task. Only top of grate of inlets and drainage structures will be obtained. No right-of-way or boundary information will be obtained through survey. TASK 3: PLAN SHEET DEVELOPMENT MICHAEL BAKER INTERNATIONAL will complete the following sheets for the creation of a bid package. 3.1 Title Sheet and Notes MICHAEL BAKER INTERNATIONAL will complete title sheet with a vcinity map, and general notes as provided City of Carlsbad. 3.2 Demolition Plans The demolition plans will include demolition notes needed for the proposed speed cushions and speed tables. Our plans will be prepared at 10 scale (1” = 40’) using AutoCAD drafting software on 24” x 36” sheets. 3.3 Civil Improvement Plans The improvement plans will include proposed rasied crosswalks or speed tables at the following locations: Raised Crosswalk or Speed Table 1. Tamarack Avenue between Adams Street and Adair Way 2. Tamarack Avenue and James Drive (east side of intersection or approx. 300’ east of intersection) 3. Tamarack Avenue and Valley Street (west side of intersection) 4. Tamarack Avenue between Adler Avenue and Cresent Point Road 5. Tamarack Avenue and Sunnyhill Drive (east side of intersection) Our plans will be prepared at 10 scale (1” = 40’) using AutoCAD drafting software on 24” x 36” sheets. Plans will show raised crosswalk or speed table locations. Raised crosswalk / speed tables will have elevations for top of curb, ADA ramp details (if needed), flow line elevations and all necessary surface grades. Curb pop outs may be considered at rasied crosswalk locations only. It is expected that no changes to other utilities or drainage structures will be needed for these improvements. No hydrology study will be done as part of these services. Raised crosswalks will be designed to improve two corners of an intersection where they are being proposed, in order to provide for safe crossings for Tamarack Avenue. Side street improvements are not considered in this budget. Only standard signage or typical RRFB installation are anticipated for these crosswalk locations (see Signing and Striping Plans scope) Supplemental survey base file information will be updated using field work and current aerial photography. 3.3 Construction Details Construction Details will be provided modifying existing City standards or details used for rectangular flashing beacons (RRFBs), and raised crosswalks, and speed tables. These will be shown to scale and provide enough detail for construction clarity and material estimation. Deliverables: 60%, 100%, and Final Plan Set Submittals DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A Michael Baker INTERNATIONAL Tamarack Avenue Traffic Calming | City of Carlsbad 4 3.4 Signing and Striping Plans MICHAEL BAKER INTERNATIONAL will prepare signing and striping plans between Adams Street and Skyline Drive. Our plans will be prepared at 40 scale (1” = 40’) using AutoCAD drafting software on 24” x 36” sheets. Our plans will include all new/existing signs and striping, pavement legends, sign and striping removals, and RRFBs if needed at raised crosswalks. Construction detail typicals will apply to any location that requires an RRFB installation. No hybrid beacons or antcipcated as part of these plans. The signing and striping plans will be prepared in accordance with local jurisdictional requirements, the current California Department of Transportation Standard Plans and Specifications, and the latest edition of the California MUTCD. Base file information will be started from GIS updated using field work and current aerial photography. Deliverables: 60%, 100%, and Final Plan Set Submittals TASK 4: SPECIFICATIONS AND CONSTRUCTION COST ESTIMATE 4.1 Specifications The specifications will detail technical information on information and construction methods, in a standard Green Book format or using a city-supplied specification template. The bid schedule and specifications shall include all bid items from the cost estimate. This assumes that the City of Carlsbad will prepare front-end documents and Michael Baker will add the specs and provisions for the improvements on the plans. Deliverables: Paper copies and editable, electronic files of the estimate, bid schedule, and specifications to accompany 100%, and Final submittal of plans. 4.2 Construction Cost Estimate The engineer’s estimate will include all quantities and units cost for construction. Deliverables: Paper copies and editable, electronic files of the cost estimate to accompany 100% and final submittal of plans. SCHEDULE Initial set of plans will be submitted 45 days after notice to proceed to allow for survey data collection, processing, and design development. Resubmittal will follow within 3 weeks of receipt of previous submittal comments. DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A Michael Baker INTERNATIONAL Tamarack Avenue Traffic Calming | City of Carlsbad 5 ESTIMATED FEE The following is a breakdown of costs by task and labor type for this scope of work. DocuSign Envelope ID: 810609CB-BBA2-4E38-92FB-DFDD13E44A7A Michael Baker International Michael Baker INTERNATI O NAL Senior Design Civil Design Licensed Survey Project Manager Engineer Associate Technician Surveyor Crew $250 $175 $145 $11 5 $210 $285 Reimbursable Total Total Budget Expenses Hours 20 8 4 $ 1,000 32 $ 7,620 Sub-total Labor Hours 20 0 8 4 0 0 $ 1,000 32 $ 7,620 2 8 $ 250 10 $ 2,950 2.2 Topographic Survey of Project Site 16 6 20 $ 250 43 $ 10,260 Sub-total Labor Hours 16 0 0 8 28 $ 500 53 $ 13,210 2 12 15 $ 1,920 3.2 Demolition Plans 4 8 24 37 $ 4,870 3.3 Civil Improvement Plans 8 24 32 60 124 $ 17,740 3.4 Construction Details 2 4 8 24 38 $ 5,120 3.5 Signing and Striping Plans 2 4 16 22 $ 2,920 Sub-total Labor Hours 14 32 54 136 0 0 $ 236 $ 32,570 4.1 4 24 12 40 4.2 2 4 8 14 Sub-total Labor Hours Michael Baker INTERNATIONAL Ho l d e r I d e n t i f i e r : 777 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 7 7 6 3 6 1 6 0 6 5 5 5 3 3 3 0 7 7 3 6 1 7 5 5 6 3 0 4 5 5 7 6 0 7 4 5 3 1 3 6 7 7 2 4 0 6 3 1 0 0 7 3 6 5 0 5 6 6 1 5 7 3 3 0 0 2 0 7 2 6 0 4 0 1 1 3 0 7 2 1 1 0 2 0 7 5 6 6 0 5 1 7 3 2 6 7 4 5 1 2 0 7 1 6 6 2 7 7 5 3 2 4 7 2 3 3 0 0 7 3 6 2 0 1 5 5 3 2 0 1 6 7 1 2 0 7 3 4 4 0 1 5 7 5 2 2 7 4 1 3 0 0 7 7 7 2 7 2 5 2 0 2 5 7 7 3 1 1 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 666 6 6 6 6 6 0 6 0 6 0 6 0 0 0 6 2 6 0 6 4 6 6 2 0 4 4 4 6 2 0 0 6 2 0 0 0 2 4 2 6 2 2 4 0 2 2 0 0 6 0 2 2 0 2 6 2 6 2 0 4 2 0 0 0 0 6 2 2 2 2 2 4 2 6 2 0 4 2 0 0 2 0 6 2 2 2 0 2 4 0 6 0 0 4 0 0 0 2 0 6 0 0 2 0 0 4 2 6 2 2 4 2 0 0 0 0 6 2 2 2 0 2 4 2 6 2 2 4 2 2 2 2 0 6 2 2 2 0 2 4 0 4 2 0 4 0 0 0 2 0 6 0 2 2 2 2 6 0 6 0 0 0 0 6 2 2 0 6 6 6 4 6 0 6 2 2 4 0 6 6 4 4 4 0 6 6 6 6 6 6 6 0 6 0 0 0 6 0 6 0 0 6 Ce r t i f i c a t e N o : 57 0 0 9 4 9 1 8 0 4 1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/16/2022 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). 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. PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office EQT Plaza ~ Suite 2700 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 26247American Guarantee & Liability Ins CoINSURER A: 24319Allied World Surplus Lines Insurance CoINSURER B: 16535Zurich American Ins CoINSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Michael Baker International, Inc 5 Hutton Centre DriveSuite 500Santa Ana CA 92707 USA COVERAGES CERTIFICATE NUMBER:570094918041 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 WITH 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.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $10,000 $2,000,000 $4,000,000 $4,000,000 $250,000SIR/Deductible C 08/30/2022 08/30/2023GLO419728101 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X X BODILY INJURY (Per accident) $2,000,000C08/30/2022 08/30/2023 $100,000 COMBINED SINGLE LIMIT (Ea accident) BAP4197284-01 Deductible EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 08/30/2022UMBRELLA LIABA 08/30/2023AUC053258204 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEC08/30/2022 08/30/2023 AOS WC419728501C 08/30/2022 08/30/2023 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC419728201 Per Claim0312480608/30/2022 08/30/2023 Claims Made $5,000,000Aggregate SIR/Deductible $200,000 E&O-PL-PrimaryB SIR applies per policy terms & conditions $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Operations. City of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability and Workers Compensation policies. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWDc/o Exigis Insurance Compliance Services P.O. Box 947Murrieta, CA 92564 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. _____, I ACC>RC,® ~ I -D □ - - - ~ □ □ - -~ -~ -~ -H I I I I I □ Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer Add’l Prem.Return Prem. GLO 4197281-01 08/30/2022 08/30/2023 15939000 $ INCL $ Waiver Of Subrogation (Blanket) Endorsement U-GL-925-B CW (12/01) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Additional Insured – Automatic – Owners, Lessees Or Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 4197281-01 Effective Date: 08/30/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ® ZURICH I in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW (02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III – Limits Of Insurance: Additional Insured – Automatic – Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW (02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW (02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: BAP 4197284-01 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:MICHAEL BAKER INTERNATIONAL LLC Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the “accident” or the “loss” under a contract with that person or organization. U-WC-3078-A CW (08/17)Page 1 of 1 Policy # WC4197282-01 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U-WC-3078-A CW (08/17) CANCELLATION AND NONRENEWAL NOTICE ENDORSEMENT A. Part Six – Conditions, Paragraph D.2. is replaced by the following: D. Cancellation 2. We may cancel this policy. We must mail or deliver to you not less than 90 days advance written notice stating when the cancellation is to take effect except for cancellation for non-payment of premium. If we cancel this policy for non-payment of premium we must mail or deliver to you not less than ten days advance written notice. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. B. Part Six – Conditions, Paragraph F. is added. F. Nonrenewal Notice We will mail or deliver to you not less than 90 days advance written notice of our intention to nonrenew this policy. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. All other terms, conditions, provisions and exclusions of this policy remain the same.