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2018-11-27; City Council; Resolution 2018-194
RESOLUTION NO. 2018-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP FOR DESIGN SERVICES ON VETERANS MEMORIAL PARK, IN AN AMOUNT NOT-TO-EXCEED $398,200 FOR A TWO-YEAR TERM; AND APPROPRIATING $198,200 IN ADDITIONAL FUNDS FROM THE COMMUNITY FACILITIES DISTRICT NO. 1 FUND EXHIBIT 1 WHEREAS, the Carlsbad Citywide Facilities and Improvements Plan's parks performance standard is three acres of community parks or special use areas per 1,000 population within the park district; and WHEREAS, there are four park districts within Carlsbad, which correspond to the city's quadrants; and WHEREAS, if the service level is not met due to population increase within a given quadrant, the city is required to schedule a park for construction within five years, beginning at the time the need is identified, but beginning no sooner than August 22, 2017 (City Council Resolution No. 2017-170); and WHEREAS, the phrase "scheduled for construction" means [a] the park site has been selected and has been or is being acquired by the city, [b] the improvements for the park site have been designed, and [c] a financing plan for construction of the park has been approved by the City Council {City Council Resolution No. 97-435); and WHEREAS, the scheduling of Veterans Memorial Park for construction will address the parks performance standard in all city quadrants (park districts); and WHEREAS, pursuant to the Carlsbad Citywide Facilities and Improvements Plan, the 91.5 acre Veterans Memorial Park site will equally count toward satisfying the parks performance standard in all city quadrants (i.e., 22.875 acres applied to each city quadrant); and November 27, 2018 Item #2 Page 6 of 38 WHEREAS, the methodology of applying a quarter of the Veterans Memorial Park acreage to each city quadrant was also included within the update to the Carlsbad General Plan, approved by the City Council on Sept. 22, 2015 (City Council Resolution No. 2015-042); and WHEREAS, the city has [a] acquired the Veterans Memorial Park site, [b] set aside $200,000 in the FY 2018-19 CIP Budget to initiate master planning on the park site, and [c] set aside approximately $23,000,000 in the CIP Budget for construction of the park; and WHEREAS, Carlsbad Community Facilities District (CFD) No. 1 was established in 1991, creating a special tax lien on vacant properties throughout the city; and WHEREAS, the purpose of this CFD was to finance the construction of specific public facilities of citywide obligation and benefit, including Veterans Memorial Park; and WHEREAS, the funds from the district cannot be used for facilities other than those specified at the time the district was formed; and WHEREAS, the program for this park will be developed via a public outreach process and may include active and passive recreation amenities, open space interpretive areas, public art, trails, utilities, parking lots, restrooms, and maintenance facilities; and WHEREAS, on Aug. 13, 2018, staff released a Request for Qualifications and Price Proposal for Design Services on Veterans Memorial Park; and WHEREAS, the request included a scope of work divided into five phases typically associated with such professional design services; and WHEREAS, on Sept. 20, 2018, twelve design firms submitted a response to the request; and November 27, 2018 Item #2 Page 7 of 38 WHEREAS, due to a conflict of interest identified by staff, Design Workshop's response was excluded from consideration, pursuant to Carlsbad Municipal Code Section 2.15.030(A)(2); and WHEREAS, three design firms were selected as finalists to be considered for entering into a professional services agreement; and WHEREAS, all design firms submitting responses to the request for Design Services on Veterans Memorial Park were to include a two-item price proposal: [1] a detailed cost of services through the first phase of design services -i.e., Master Planning, and [2] an hourly billing rates sheet for team members of the disciplines related to the subsequent four phases of design services; and WHEREAS, RJM Design Group's detailed cost of services through the Master Planning Phase was the lowest of the three finalist design firms, at $388,200; and WHEREAS, the Master Planning Phase is anticipated to require approximately two years to complete; and WHEREAS, the selection committee is recommending the inclusion of $10,000 for additional as needed services to the proposed two-year term agreement; and WHEREAS, the proposed agreement also contains three optional two-year term extensions, intended to allow for the completion of the subsequent four phases of design services; and WHEREAS, RJM Design Group's hourly billing rates for team members of the disciplines related to those four phases of design services was competitive with that of the other two finalist design firms; and November 27, 2018 Item #2 Page 8 of 38 WHEREAS, staff is recommending appropriating $198,200 in additional funds from the CFO No. 1 Fund for the two-year term of the proposed professional services agreement; and WHEREAS, sufficient funds are available within the CFO No. 1 Fund. WHEREAS, appropriations for any term extensions will be addressed in future CIP Budget requests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is hereby authorized and directed to execute the professional services agreement with RJM Design Group for design services on Veterans Memorial Park, in a not-to-exceed amount of $398,200 for a two-year term, attached hereto as Attachment "A". 3. The Administrative Services Director or his/her designee is authorized to appropriate additional funds from the CFO No. 1 Fund, in the amount of $198,200. 4. That the City Manager is authorized to execute amendments to said agreement deemed to be in the best interest of the City, and, if the City so chooses, to extend it for three additional two-year terms, with each additional two-year term's compensation amount not-to-exceed $398,200. November 27, 2018 Item #2 Page 9 of 38 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of November, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. November 27, 2018 Item #2 Page 10 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 11 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 12 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 (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. City Attorney Approved Version 6/12/18 3 November 27, 2018 Item #2 Page 13 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 th is 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 14 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 15 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 16 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 City Attorney Approved Version 6/12/18 7 November 27, 2018 Item #2 Page 17 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 Wec~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 18 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 wet/dry 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 21 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 former 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 22 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. 1.11 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 23 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 "Draft" 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. 2.10 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 City Attorney Approved Version 6/12/18 15 November 27, 2018 Item #2 Page 25 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. Filing 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 Concept/Master Plan summary. 2.28 Prepare for and attend presentation to the City Council to provide an overview of the process, and present the Design Concept/Master 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 City Attorney Approved Version 6/12/18 18 November 27, 2018 Item #2 Page 28 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. o 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 6/12/18 19 November 27, 2018 Item #2 Page 29 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 City Attorney Approved Version 6/12/18 20 November 27, 2018 Item #2 Page 30 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 6/12/18 21 November 27, 2018 Item #2 Page 31 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 32 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 Approved Version 6/12/18 23 November 27, 2018 Item #2 Page 33 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 CWD (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 34 of 38 • ~. Community Inspired Spaoes ~ -----! . Pr.ice JPrdposal R~I M DESIGN ~ GROUP FEE SCHEDULE It is the objective f our Design Team to provide the most comprehensive, yet efficient, approach to the development of Vet~rans 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 Fee $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 SAN JUAN CAPISTRANO • SACRAMENTO www.RJMdesigngroup.com • [949] 493-2600 November 27, 2018 Item #2 Page 35 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 ENGINEERING (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 SAN JUAN CAPISTRANO• SACRAMENTO www.RJMdesigngroup.com • [949] 493-2600 2 November 27, 2018 Item #2 Page 36 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 ill PSOMAS (ENVIRONMENTAL ENGINEERING) Principal Project Manager Senior Project Engineer Project Engineer Lead CAD 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 IZl 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 SANJUAN CAPISTRANO• SACRAMENTO www.RJMdesigngroup.com • [949] 493-2600 3 November 27, 2018 Item #2 Page 37 of 38 CITY OF CARLSBAD VETERANS MEMORIAL PARK -PROJECT SCHEDULE Based upon services outlined in the Scope of Work in Proposal TASK TASK 1-PROJECT FAMILIARIZATION 1.1 Information sharing meeting 1.2 Aerial topographic mapping 1.3 Field update survey 1.4 Community outreach plan 1.5 Geotech soils report 1.6 Visual site analysis 1 7 Cultural resources & biological resources · constraints analvsis 1 8 Hillside Ordinance & Hillside Development · Guidelines Manual 1.9 Opportunities & Constraints exhibit 1.10 Sile tour of built facilities Develop programming criteria based on P&R Needs 1.1 1 Assessment, P&R MP, physical site contstrainls & environmental assessment 1.12 Meeting with Citv & Cultural Aris Manager TASIC 2 • MASTER PLAN 2.1 Morning in the Park / Workshop #1 2.2 Commence prelim. design studies 2.3 Collaborative design meeting 2.4 Preliminary design refinements 2.5 PowerPoinl & support exhibits/ Workshop #2 2.6 Refinements to prelim. design studies 2.7 Relined PowerPoinl & exhibits /Workshop #3 2.8 Refinements lo preliminarv desi<Jl studies 2.9 Culturli Arts presentation 2.10 Parks & Recreation Commission presentation 211 City Council presentation 2.12 Prelim storm water mgmt.f hydrology calcs 2.13 Preliminary grading plan 2.14 Preliminary landscape plan 2.15 CFO & CPW meetings 2.16 Preliminary design ~ Ian refinements 2.17 CFO & CPW meetings 2.18 Submit refined plans to City 2.19 Refinements and clarifications 2.20 Preliminary SWMP 2.21 Preliminary hydroloqy study 2.22 Preliminary statement of probable construction cosls 2.23 Design concepVmasler plan summary 2 24 Master plan & pallem book (incl. Hillside · Development Penni! Application) 2 25 Submit applicalioos for CUP, CDP, HOP, HMPP · (HMP consistency) & Initial Sludv 2.26 Circulate draft MND 2.27 Planning Dept. staff report prep. 2.28 P&R Commission presentation 2.29 Planning Commission 2.30 Final City Council approval NOTES: © Workshop #1 ("morning In the park") @ Workshop #2 @ Workshop #3 Month 1 I 1-2 l 3-4 I Month 2 I Month 3 I Month 4 I Month 5 I Month 6 I Month 7 I Month 8 Month 9 1-2 I 3-4 1 1-2 3-4 I 1-2 3-41 1-2 3-4 I 1-2 3-4 1 1-2 3-4 1 1-2 I 3-4 1-2 I 3-4 - I --~ I I ~ ~ i Ii R·•MOES!Off ~ GROUP Month 10 Month 11 I Month 12 I Month 13 I Month 14 I Month 15 I Month 16 Month 17 Month 18 I Month 19 I Month 20 I Month 21 I Month 22 I Month 23 1-2 I 3-4 1-2 I 3-4 1 1-2 3-4 I 1-2 3-4 I 1-2 3-4 1 1-2 3-4 I 1-2 I 3-4 1-2 I 3-4 1-2 I 3-4 I 1-2 3-4 1 1-2 3-4 I 1-2 3-4 I 1-2 3-4 I 1-2 I 3-4 I • I -~~ I November 27, 2018 Item #2 Page 38 of 38