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AECOM Technical Services Inc; 2011-09-28; TRAN828
PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 14 PROJECT NO. 6054 TRAN828 rt nth Project Task Descripti n and Fee Allotment, is entered into on =:-f:?.'':-k~~~~"':":""::'-=-:::~~~h~-¥+----¥7--' pursuant to an Agreement between AECOM TE H I CAL SERVICE , N . , a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide additional illustration designs for land planning services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated August 15, 2016, ("proposal"), attached as Appendix "A" for the Terramar Area Coastal Improvement Project, (the "Project"). The Project services shall include Land Planning Services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred sixty-five (365) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $62,700. City Attorney Approved Version 8/3/16 TRAN828 TABLE 1 FEE ALLOTMENT LAND PLANNING SERVICES TASK GROUP TIME & MATERIALS ~ Illust:ra.tlo-'l des.1.gn ref1nements fer two $62,700 concepts including visuals and layouts for _,_ ~ ~u~ -'-~.L.-L<.A->LL'-'--'-.n.-LCOU-vVU.i::H ... O-L Llll.l:-'.l..VVClllCUL.::i .1:-'LUJ :I,..;L TOTAL (Not-to-Exceed) CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California c~poration By: ~J e of Contractor) 46:re) Ray Hrenko I Vice President (print name/title) $62,700 AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. ·cipal corporation of the State of California By: Date: __ 1_P_~_z.._7._~_lf-____ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 8/3/16 2 ~COM AECOM Technical Services, Inc. 3995 Via Oro Avenue Long Beach, CA 90810 T 562.420.2933 F 562.420.2915 www.aecom.com AECOM TECHNICAL SERVICES, INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, David W. Huchel, hereby certifies that he is now and at all times relevant hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated January 1, 2010, has authorized Ray Hrenko, Vice President, to execute various written agreements and instruments relating to the Master Agreement for Professional Environmental Services for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031, entered into as of September 28, 2011, with the City of Carlsbad, on behalf of the corporation or its divisions. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary and has affixed the corporate seal of this corporation this 21st day of March, 2013. AECOM TECHNICAL SERVICES, INC. By:~~-<.ffl• ~ David W. Huchel, Assistant Secretary (CORPORATE SEAL) A:COM Appendix "A" TASK DESCRIPTION AND FEE ALLOTMENT N0.14 TERRAMAR AREA COASTAL IMPROVEMENTS PROJECT PROJECT NO. 6054 AUGUST 14, 2016 This Task Description and Fee Allotments (TD&FA) No. 14 specific to the Terramar Coastal Improvements Project will provide for additional design refinements requested by the City of Carlsbad. TASK 1: DESIGN PLAN REFINEMENT The previously authorized task consisted of the preparation of an updated concept plan and materials board for the bluff top park. Since that time, the City has requested preparation of more detailed and inclusive design materials for the full project area, carrying the design to a 60-70% design state. Under this task, AECOM will prepare the following designs and design materials to meet that intent: • Proposed roadway alignment modifications to fine tune the arrangement of roadway and back of curb pedestrian spaces. • Define and develop two design styles/themes to be applied to the Terramar project area, but which also are compatible with long term design goals for the remainder of the coastal corridor. • Prepare design materials that show a detailed site plan layout for each of the two alternative themes, applied to the bluff top park and the right-of-way spaces along Carlsbad Boulevard and Canon Road. • Attend workshop meetings with City staff to develop and review work progress. The design materials will specify and illustrate material selections for pathways, gathering spaces, site furniture, lighting, plantings, and other proposed design elements. Designs will be developed to a "design development" level (approximately 60-70% design) that shows clear and accurate layouts of design elements and spaces, drawn to scale and fit to the limits and topography of the sites. Grading and drainage issues will be addressed to ensure design solutions are feasible. Design materials will be illustrative, rendered plans intended to communicate with the public and design-makers. The proposed budget reflects production of the following design materials: • One large (E-size plus) overview of the project area, color rendered, showing the full project extent. • A 11 x17" design 'booklet' package intended for internal City review and discussion. The package will contain approximately 20-25 pages of plan view, section, and perspective imagery showing an overview and enlargements of key portions of the plan, color rendered. August 16, 2016 Deliverables will include digital AutoCAD base files and PDF files containing the final presentation images/boards. TASK ORDER 14 COST ESTIMATE The estimate to complete the services described above for TD&FA No. 14 is $62,700, given the assumptions incorporated above. The task order will be billed on a time-and-materials basis at the task order level. 2 August 16, 2016 Carlsbad Boulevard Realignment and Land Exchange Project-PTD&FA No. 14 Terra mar Coastal Improvements · Design Refinements S b 'tt d b AECOM u m1 e )y: August 16, 2016 Task 1 Total Desiqn Refinements AECOM Bill Rate Hours Cost Hours Costs Design and Planning Environmental Engineer/Scientist Ill $201 .00 $0.0C 0 $0.00 Sr. Planner/Geologist I $ 186.00 80 $14,880.00 80 $14,880.00 Environmental Planner IV $ 155.00 8 $1 ,240.0C 8 $1 ,240.00 Biologist/Geotechnical Eng Ill $ 113.00 $0.00 0 $0.00 Senior Biologist I $ 150.00 $0.00 0 $0.00 Environmental Scientist II $ 129.00 $0.00 0 $0.00 Landscape Designer II $ 103.00 380 $39,140.00 380 $39,140.00 Planner Ill $ 119.00 $0.00 0 $0.00 Planner II $ 93.00 80 $7,440.00 80 $7,440.00 Word Processor II $ 75.00 $0.00 0 $0.00 Technical Editor $ 95.00 $0.00 0 $0.00 GIS II $ 103.00 $0.00 0 $0.00 TOTAL AECOM LABOR 548 $62,700.00 548 $62,700.00 Proj_ect Expenses Cost Revenue Reprographics/Mounting (at cost) $0.00 B&W8.5 X 11 $0.10 $0.00 0 $0.00 Color 8.5 x 11 $0.95 $0.00 0 $0.00 Color 11 x 17 $1.35 $0.00 0 $0.00 Mileage & Parking $0.510 $0.00 PROJECT EXPENSES COST $0.00 $0.00 TOTAL AECOM LABOR & OTHER DIRECT COSTS $62,700.00 $62,700.00 AMENDMENT N0.2 TO EXTEND THE AGREEMENT FOR THE CARLSBAD BOULEVARD REALIGNMENT PROJECT AECOM TECHNICAL SERVICES, INC. TRAN828 js Amendment No.2 is entered into and effective as of the 2ZYI.d day of ( :v\~ , 2016, extending the agreement dated September 28, 2011, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and AECOM Technical Services, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for professional environmental services. RECITALS A. On June 27, 2014, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for two (2) years ending on July 31, 2016; and B. The Parties desire to extend the Agreement for a period of two (2) years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on July 31, 2018. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 1 TRAN828 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California cor ration By: (sign here) f(.A-"'( j~-+ !\ e-1\1 I·(,:, , 1J i ce_ (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California City Manager 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: CELIA A. BREWER, City Attorney BY: ---'~-=d~~:::;.,;;~CU=2=~:""-~~==~):::;...__ __ Deputy City Attorney City Attorney Approved Version 1/30/13 2 AECOM Technical Services, inc. 3995 Via Oro Avenue Long Beach, CA 9081 0 T 562.213.4139 F 562.420.2915 www.aecom.com AECOM TECHNICAL SERVICES, INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, Sarah M. Sabunas, hereby certifies that she is now and at all times relevant hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated June 6, 2014, has authorized Ray Hrenko, Vice President, may in accordance with established administrative procedure, execute various written agreements and instruments, including Amendment No. 1 to the Agreement for Professional Services for the La Costa Storm Drain Replacement Program project by and between the City of Carlsbad and AECOM Technical Services, Inc. on behalf of the corporation or its divisions. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Assistant Secretary and has affixed the corporate seal of this corporation this 1 ih day of September, 2014. AECOM TECHNICAL SERVICES, INC. By:~~ Sarah M. Sabunas, Assistant Secretary PROJECT TASK DESCRIPTION AND FEE ALLOTMENT N0.13 PROJECT NO. 6031 TRAN828 This th"rteenth Project Task Description and Fee Allotment, is entered into on • 0 , pursuant to an Agreement between AECOM Technical ervices, Inc. California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this referencE~. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide professional environmental and land use consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated March 15, 2016, ("proposal"), attached as Appendix "A" for the Terramar Area Coastal Improvements Project, (the "Project"). The Project services shall include mitigated negative declaration, bluff concept design plan refinement and draft landscape and materials selection plan, project management and coordination. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (!5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within nine (9) months thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. fEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks a.re those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate E'roject Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $96,980.80. City Attorney Approved Version 1/30/13 TRAN828 TABLE 1 FEE ALLOTMENT TERRAMAR AREA COASTAL IMPROVEMENTS, PROJECT NO. 6031 ,;_ TASK GROUP LUMP SUM FEE 1. Mitigated Negative Declaration{MND) $63,754.00 2. Bluff Concept Design Plan Refinement & Draft Landscape $22,792.00 & Materials Selection Plan 3. Project Manag_ement & Coordination $9,920.00 4. Reimbursable EXQ_enses $514.80 TOTAL (Not-to-Exceed) $96,980.80 Executed by Contractor this tf day of _ __.~,__P_R.:...;_U_..... _____ . 20 t f1 . CONTHACTOR AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) By: 1:1~ -- (Si;n here) R.A-'{ 1-tK B-N KD \1 i C£ P~Ze-_s: ll)f' ~ 1 (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation ·(name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 8 Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California ,, By: ~ .......-:==--~..g_ Dodson I Assistant City Manager Date: ~ { ~t.&\llQ APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY: Deputy City Attorney City Attorney Approved Version 1/30/13 2 AS' COM AECOM Technical Services, Inc. 3995 Via Oro Avenue Long Beach, CA 90810 T 562.420.2933 F 562.420.2915 www.aecom.com AECOM TECHNICAL SERVICES, INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, David W. Huchel, hereby certifies that he is now and at all times relevant h•~reto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated January 1, 2010, has authorized Ray Hrenko, Vice President, to execute various written agreements and instruments relating to the Master Agreement for Professional Environmental Services for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031, entered into as of September 28, 2011, with the City of Carlsbad, on behalf of the corporation or its divisions. The undersigned does further certifY that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary and has affixed the corporate seal of this corporation this 21st day of March, 2013. AECOM TECHNICAL SERVICES, INC. By:~;,Qd<-~ David W. Huchel, Assistant Secretary (CORPORATE SEAL) A: COM Transmittal Date: To: From: March 15, 2016 Jonathan Schauble City of Carlsbad Senior Civil Engineer 1635 Faraday Avenue Carlsbad, CA 92008 Michelle Fehrensen AECOM, Senior Project Manager AECOM 401 West A Street Suite 1200 San Diego, CA 92101 www .aecom.com 619.610.7600 tel 619.610.7601 fax Appendix "A" Project No: 602364 7 4 Sent Via: Email Subject: Carlsbad Boulevard Realignment and Land Exchange Project - TD&FA No. 13, Terramar Area Coastal Improvements Project Dear Jonathan: Attached for your review is the revised TD&FA No. 13 for MND preparation. Please feel free to Gall me at (619) 610-7575 or email me at Michelle.Fehrensen@aecom.com with any quHstions. MiGhelle Fehrensen cc: Dick Rol, Associate Principal I am authorized to commit AECOM to this task and fee budget and designate Michelle Fehrensen as the main point of contact for this task proposal. Sincerely, ~~ Teri Fenner Associate Vice President A: COM TASK DESCRIPTION AND FEE ALLOTMENT NO. 13 TERRAMAR AREA COASTAL IMPROVEMENTS PROJECT PROJECT NO. 6054 MARCH 15, 2016 This Task Description and Fee Allotments (TD&FA) No. 13 specific to the Terramar Coastal Improvements Project will provide for California Environmental Quality Act (CEQA) document preparation in the form of a Mitigated Negative Declaration (MND) and conceptual bluff design refinements. TASK 1: MITIGATED NEGATIVE DECLARATION (MND) AECOM has assumed that an MND will be the appropriate CEQA document for this effort. Task 1 .. 1 Prepare Draft AECOM will prepare a Draft Initial Study (IS)/MND in compliance with State CEQA Guidelines (as amended), and based on the City of Carlsbad's Environmental Impact Assessment-Initial Study form. The Draft IS will describe the proposed project, the existing conditions, and the potential adverse and beneficial environmental effects resulting from the implementation of project Impacts will be assessed based on the project description information and the results of the technical studies prepared under TDF&A No. 12, and information gathering provided by issue area below. Measures to reduce or eliminate adverse environmental effects will be provide~d. Approach to issue area analyses Biological Resources -The biological resources section will summarize information gathered from the Biological Technical Report (BTR), prepared under TDF&A No. 12. Cultural Resources -The cultural resources section will summarize information gathered from the Cultural Resources Technical Report prepared under TDF&A No. 12. Land Use -The City of Carlsbad General Plan (2015), zoning ordinances, Habitat Management Plan (2004), Local Coastal Program (2014, as amended), and other planning documents for the City will be used to determine land use compatibility and other land use-related issues. Existing and planned land uses within and adjacent to the project footprint will be mapped on aerial base maps. Water Resources -The water resources section will be prepared relying on a variety of reference documents. One source of regional water resources and water quality information is through Project Clean Water, which provides regional watershed management planning and information resources. The Watershed Urban Runoff Management Program (City of Carlsbad et al. 2008) will be referenced for information such as sensitive waters, predicted growth, pollutants of concern, resources requiring protection, and other water resource issues. Local municipalities, with oversight from the Regional Water Quality Control Board (RWQCB), develop these plans. The plans address current regulatory compliance needs, as well as watershed- based approaches to improving water quality. Other reference documents will include Water March 15, 2016 Quality Control Plan for the San Diego Basin (i.e., Basin Plan) (RWQCB 1994, amended 2006}, the City of Carlsbad General Plan (2015), and the General Plan and Climate Action Plan Final Master (2015). In addition, project-specific stormwater design details are being prepared by Michael Baker. This information will be referenced in relation to compliance with current stormwater regulations. Traffic and Transportation -This section will summarize the project-specific Traffic Impact Report that is being completed by Michael Baker, under separate contract. Noise--A series of up to six (6) short-term noise measurements will be conducted at nearby noise sensitive receptor locations within the project area to establish existing acoustical conditions. Noise modeling, using the FHWA Traffic Noise Model (TNM) and provided traffic data (Traffic Impact Report) will be conducted for existing conditions and two future build alternatives (roundabout and upgraded signalized intersections). An alternative analysis will be conducted to compare the predicted noise levels at nearby receivers for each alternative. A discussion of operational noise levels for existing and future build alternatives as well as potential noise sources and estimated noise levels during construction will be described. Applicable planning documents, such as the Noise Element of the City's General Plan (2015), will be used to determine the allowable construction noise limits of particular areas. The above prescribed noise analysis assumes that the proposed project does not constitute an FHWA/Caltrans Type I noise project since no new roadway capacity is being added and roadway alignments are not being moved significantly closer to noise sensitive receptors, and therefore a full Caltrans Noise Study Report is not required. The results of the noise analysis will be summarized in a separate technical memorandum to be referenced in, and attached to, the MND. Air Quality -Regional air quality will be described using information from the San Diego Air Pollution Control District's air quality monitoring network. Additional information may be provided through the California Air Resources Board or the U.S. Environmental Protection Agency. Greenhouse gas emissions will also be analyzed. AECOM will determine the overall magnitude of the project's emissions from direct and indirect sources of greenhouse gases, and consider several factors to determine whether those emission levels are significant, as described below. Greenhouse Gas Emissions -The analysis will include a discussion and quantitative estimate of construction-generated criteria pollutant and greenhouse gas emissions. AECOM will also evaluate the long-term operational impacts associated with changes to the roadway. Based on available information from the traffic analysis, AECOM will provide a qualitative and/or quantitative analysis, as appropriate, to assess the project's operational impacts in relationship to local and regional air quality goals. AECOM will also evaluate the project in the context of consistency with the City of Carlsbad's General Plan and Climate Action Plan. Hazardous Waste -An agency records search will be conducted to identify hazardous waste sites located on the property containing the project footprint and neighboring properties classified as a hazardous waste site under State of California law. The records search will also identi~{ business types located within and adjacent to the project footprint that would be likely to store, transfer, or utilize large quantities of hazardous materials. This information will be obtained from records maintained by the State of California Department of Health and RWQCB, and other appropriate agencies (e.g., Department of Toxic Substances Control). No phase I technical study is proposed. 2 March 15, 2016 Visual Resources -In addressing potential impacts to visual resources, the City's General Plan Circulation Element (2015) will be reviewed, and sensitive receptors in the vicinity of the project will be described. Applicable goals related to visual resources will be identified. Visual simulations were prepared during the public outreach process (under TDF&A No. 12). These simulati1ons will provide visual context for existing conditions as well as the anticipated change to visual resources with the proposed project. Geology and Soils -Information from the geology and sea level rise study prepared under TDF&A No. 12 will be summarized in this section. Paleontology -Analysis of paleontological resources will be based upon a review of the potential for fossiliferous strata identified in geologic maps (Kennedy and Tan 1996) published in geologic literature (Demere and Walsh 1993). Agricultural Resources -The proposed project is not expected to affect existing agricultural resources since proposed activities will occur within a developed area, which is not in proximity to existing agricultural resources. Recreation -The project is anticipated to result in enhanced recreational opportunities. Data sources for recreation will include maps of existing recreation and park facilities in the area and information from the City of Carlsbad's General Plan Recreation Element (2015). A three-week review period is assumed for City review of the administrative Draft IS/MND. One set of revisions from the City will be incorporated into the public review Draft IS/MND. Task 1.2 Prepare Public Review and Final Mitigated Negative Declaration The Public Review Draft IS/MND will be circulated for a 30-day public review period, as required by CEOA (Section 21 091.3). It is assumed that the City will be responsible for preparing and distributing the public Notice of Availability (NOA) for the Draft IS/MND and Notice of Intent to adopt the MND. The City will distribute the Draft IS/MND and Notice of Completion to the State Clearinghouse. AECOM will make necessary revisions to the Public Review Draft IS/MND based on public comments (i.e., comments that bring to light new information not covered or when it is necessary to correct the text) received during the 30-day review period. Comments and responses will be documented to facilitate review of the Final IS/MND. It is assumed that up to 20 public comments will be received on the Draft IS/MND. (Note that one comment letter may contain more than one comment.) TASK 1: DELIVERABLES This task will include the following deliverables: • The administrative Draft IS/MND will be provided digitally. • Two (2) hard copies and one (1) electronic copy (MS Word and PDF) of the public review Draft IS/MND 3 March 15, 2016 • Two (2) hard copies and one (1) electronic copy (MS Word and PDF) of the Final IS/MND TASK1:ASSUMPnONS 1. The City will provide existing digital files (GIS, AutoCAD) necessary for the environmental analysis including, but not limited to, the project design, site topography, and General Plan land use. 2. This scope does not include wetland delineation, special-status species surveys, or noise measurements. 3. The City will handle the local agency review process, all public noticing, and all distribution to resource agencies. TASK 2: BLUFF CONCEPT DESIGN PLAN REFINEMENT & DRAFT LANDSCAPE AND MATERIALS SELECTION PLAN As a result of feedback from the public outreach process, the City will proceed with Bluff Concept Design Alternative B. Minor modifications are anticipated to the concept design plan view drawing in order to reflect the current proposal and incorporate public input. This updated concept plan view drawing will be referenced and included in the MND documentation. AECOM will revise the concept plan alternative for inclusion in the MND. In addition to concept plan refinements, AECOM will prepare a Draft Landscape and Materials Selection Plan. This plan will be conceptual in nature, but will describe the landscape materials proposed, including planting palette, paving and hardscape materials, and site furnishings. No design drawings are proposed to be completed at this time. It is assumed that up to two rounds of revisions will be required. TASK 3: PROJECT MANAGEMENT AND COORDINATION AECOM's project manager will provide the day-to-day coordination with the project team and City staff. AECOM will prepare a milestone schedule to specify a target endpoint of each round of revi,ew and projected resubmittal dates. The schedule for processing the MND is anticipated to be no more than 6 to 9 months. The project schedule will be updated as the project progresses and provided to the City's Project Manager. Concise project status updates will be provided to the City with monthly project invoices, including revisions to the schedule or outstanding issues. AECOM will coordinate with the project team regarding project issues, data, reports, and other information or materials necessary for preparation of the environmental documentation for the project. AECOM's project manager and/or project director will attend up to four project-related meetings at the City. TASK ORDER 13 COST ESTIMATE The estimate to complete the services described above for TD&FA No. 13 is $96,980, given the assumptions incorporated above. The task order will be billed on a time-and-materials basis at the task order level. 4 March 15, 2016 Carlsbad Boulevard Realignment and Land Exchange Project. TDF&A No. 13 • Terramar Coastal Improvements. MND s b . db u m1tte >y: AECOM March 15, 2016 Task 1 Task 1a. Task 2a. Task 2b. Task 3 Total Noise Modeling and MND Technical Memorandum Landscape Concept Plan Concept Bluff Plan Refinement Project Management AECOM Bill Rate Hours Costs Hours Costs Hours Costs Hours Cost Hours Costs Design and Planning Environmental Engineer/Scientist Ill $201.00 0 $0.00 20 $4,020.00 0 $0.00 0 $0.00 0 $0.00 20 $4,020.00 Sr. Planner/Geologist I $ 186.00 2\J $3,720.00 $0.00 30 $5,580.00 6 $1,116.00 10 $1,860.00 66 $12,276.00 nvironmental Planner IV $ 155.00 40 $6,200.00 8 $1,240.00 8 $1,240.00 2 $310.00 40 $6,200.00 98 $15,190.00 Biologist/Geotechnical Eng Ill $ 113.00 16 $1,808.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 16 $1,808.00 Senior Biologist I $ 150.00 4 $600.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 4 $600.00 Environmental Scientist II $ 129.00 0 $0.00 42 $5,418.00 0 $0.00 0 $0.00 0 $0.00 42 $5,418.00 Landscape Designer II $ 103.00 20 $2,060.00 $0.00 100 $10,300.00 . 30 $3,090.00 () $0.00 150 $15,450.00 Planner Ill $ 119.00 40 $4,760.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 40 $4,760.00 Planner II $ 93.00 150 $13,950.00 66 $6,138.00 8 $744.00 0 $0.00 20 $1,860.00 244 $22,692.00 Word Processor II $ 75.00 20 $1,500.00 4 $300.00 0 $0.00 0 $0.00 0 $0.00 24 $1,800.00 Technical Editor $ 95.00 40 $3,800.00 0 $0.00 0 $0.00 0 $0.00 I) $0.00 40 $3,800.00 GIS II $ 103.00 80 $8,240.00 $0.00 0 $0.00 4 $412.00 0 $0.00 84 $8,652.00 TOTAL AECOM LABOR 430 $46,63800 $17,116.00 $17,864.00 $4,928.00 70 $9,920.00 828 $96,466.00 !Project Expenses Revenue Cost Revenue Reprographics/Mounting (at cost) $0.00 $0.00 $0.00 $200.00 $200.00 B&W8.5x 11 $0.10 1,000 $20.00 0 $0.00 0 sooo 0 $0.00 $0.00 1,000 $20.00 Color 8.5 x 11 $0.95 200 $50.00 $0.00 $0.00 $0.00 $0.00 200 $50.00 Color 11 x 17 $135 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 0 $0.00 ~~~51l & Parkino $0 510 360 $183.60 0 $0.00 0 $0.00 0 $0.00 $0.00 480 $244.80 ECT EXPENSES COST $253.60 $0.00 $0.001 $200.00 $0.00 $514.80 IITOTAL AECOM LABOR & OTHER DIRECT COSTS $46,891.601 $17,116.001 $17,864.001 $5,128 ool $9.920 ooJ $96,980 8oll PROJECT TASK DESCRIPTION AND FEE ALLOTMENT N0.12 PROJECT NO. 6054 TRAN828 This tw If h Projej(t Task OD~cription and Fee Allotment, is entered into on ) V Z! I? , pursuant to an Agreement between AECOM Technica Services, Inc., ('Contractor") and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide technical consulting in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated September 23, 2015, ("proposal"), attached as Appendix "A" for the Terramar Area Coastal Improvements Project, (the "Project"). The Project services shall include design, public outreach, planning, surveys, and reports. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) calendar days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred sixty five calendar days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials as specified in Table 1. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $157,620. City Attorney Approved Version 1/30/13 TRAN828 TABLE 1 FEE ALLOTMENT NO. 12 Terramar Area Coastal Improvements Project TASK GROUP LUMPSUMFEE 1 City and Community Coordination $11,953 2 Bluff/Trail Planning, Design, and Visual Simulations $81,240 3&4 Biological and Cultural Resource Analyses $26,840 5 Preliminary Permitting and Project Management $17,338 6 Geologic and Bluff Stability Study $20,249 TOTAL (Not-to-Exceed) $157,620 Executed by Contractor this ____ day of _____________ , 20 __ . CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation By: Ray Hrenko I Vice President (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: Qv: --Date: .:....._~~~f\--\;{-l""""""LS.._ __ _ Kathryn B. Dodson I Interim City Manager ' APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _ __L~__;b=-C"'"'.~"""'::...:::;..;;;~==-;~~-/l_..O~"-' __ AS&i&ta-At City Attorney Ptpv~~ 2 City Attorney Approved Version 1/30/13 A: COM AECOM Technical Services, Inc. 3995 Via Oro Avenue Long Beach, CA 90810 T 562.420.2933 F 562.420.2915 www.aecom.com AECOM TECHNICAL SERVICES. INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, David W. Huchel, hereby certifies that he is now and at all times relevant hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated January 1, 2010, has authorized Ray Hrenko, Vice President, to execute various written agreements and instruments relating to the Master Agreement for Professional Environmental Services for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031, entered into as of September 28, 2011, with the City of Carlsbad, on behalf of the corporation or its divisions. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary and has affixed the corporate seal of this corporation this 21st day of March, 2013. AECOM TECHNICAL SERVICES, INC. (CORPORATE SEAL) Appendix "A" .ECOM TASK DESCRIPTION AND FEE ALLOTMENT NO. 12 TERRAMAR AREA COASTAL IMPROVEMENTS PROJECT PROJECT NO. 6054 SEPTEMBER 23, 2015 This Task Description and Fee Allotments (TD&FA) No. 12 specific to the Terramar Coastal Improvements Project will provide for participation in City/Public Meetings (including the second and third outreach meetings), conceptual bluff/trail planning, biological and cultural surveys and reports, impact analyses, and preliminary permitting support. Task 1: City and Community Coordination This task is an extension of services provided under TD&FA No. 11 and will provide for participation in meetings with the City Coastal Corridor and Project Teams through the third public outreach meeting. For this time and materials task, AECOM assumes up to five (5) in- person meetings with City staff to discuss design direction and outreach approach and two (2) outreach meetings. Project team members Dick Rol, Garrett Avery, and/or Michelle Fehrensen may be present, depending on the scope of the meeting. In general, two AECOM team members are assumed to attend each meeting. Total cost anticipated for Task 1 is not to exceed $11,953.60. Task 2: Conceptual Bluff/Trail Planning/Design and Visual Simulations This task is an important extension of the conceptual alternatives development task authorized under TD&FA No. 11. AECOM's project team will develop three (3) preliminary conceptual design alternatives based on feedback obtained in the first outreach meetings and online survey. These alternatives will illustrate the conceptual layout and materials treatments for a complete park design. In addition, AECOM will prepare up to 3 illustrative roadway renderings for the roadway alternatives. Conceptual designs will be presented at the second public outreach meeting. Materials to be prepared for the meeting include three (3) conceptual plan alternatives, three (3) aerial perspective drawings (included on the plan alternative graphics), and one (1) combined materials/precedents board. Upon completion of the second public outreach meeting, AECOM will confer with Michael Baker and the City to determine the City's preferred alternative. AECOM will revise the concept plan alternative and aerial perspective drawings for the preferred alternative, based on any feedback 1 September 23, 2015 received from the City and/or public. AECOM will also prepare up to four (4) visual simulations (two of the bluff/trail area, and two of the roadway elements) to be used for public presentation at the third outreach meeting. These materials may also be used in the environmental analysis/permitting process. Total cost anticipated for Task 2 is not to exceed $81,240.00. Tasks 3 and 4: Biological and Cultural Resource Analyses Previous environmental studies extended to Cannon Road at the northern limit and did not include areas north of Cannon Road. AECOM will complete biological and cultural resources analyses for the Terramar Coastal Improvements Project area. Environmental resources and impact analyses will be summarized in biological and cultural letter reports as described further below. Biological Technical Letter Report For this effort, AECOM biologists will evaluate the existing conditions within the project area. The analysis will be limited to undeveloped bluff across from the power station and will not include mapping of the developed existing power station property to the east. Prior to any fieldwork, AECOM will search relevant databases (e.g., California Natural Diversity Database, California Environmental Resource Evaluation System [or CERES]) to identify any sensitive resources with the potential to occur in the area surrounding the project site. Following the research effort, a biological field survey will be conducted to map vegetation communities, evaluate existing habitats for their suitability to support sensitive species that have potential to occur in in the area, and record the locations of any sensitive resources observed incidentally using Global Positioning System field recording equipment. Field surveys will be documented in a biological resources letter report that will include an impact assessment per City guidelines. No species-specific surveys or wetland delineation are proposed at this time. Cultural Constraints Analysis An updated cultural resources records search will be conducted at the South Coastal Information Center to identify any known resources within a 0.5-mile radius of the Terramar Coastal Improvements Project area. The records search will provide information on known cultural resources and on previous cultural investigations and will also include review historic maps on file. Additional research will include reviewing historic maps and aerial photographs of the proposed project area to determine built dates for any buildings and structures. No historical assessment of the structures at the Encina Power Station is proposed. In addition, the Native American Heritage Commission (NAHC) will be contacted for a search of their Sacred Sites File and a Native American contact program with tribal representatives identified by the NAHC will be conducted. This program will consist of contacting identified representatives by mail informing them of the project and asking for information or concerns they may have about the area. The records search will consolidate known resources to inform conceptual design efforts. 2 September 23,2015 Once design is determined, AECOM archaeologists will conduct an intensive pedestrian archaeological survey of the specific proposed development areas. One Native American monitor will be included in the archaeological field survey effort. Results from the records search and survey will be summarized in a succinct technical letter report. AECOM anticipates completing the environmental constraints reports approximately 4 weeks after receiving Notice to Proceed. Total cost anticipated for Tasks 3 and 4 is not to exceed $26,840. Task 5. Preliminary Processing/Project Management AECOM will provide preliminary coastal permitting and city process assistance. For this task, AECOM assumes up to 120 hours of support time to be utilized at the direction of the City's Planning and Project Manager between now and the end of the year. Formal permit application preparation is not included in this task, although assistance could be provided as budget allows. Total cost anticipated for Task 5 is not to exceed $17,338. Task 6. Geologic and Bluff Stability Study AECOM will perform a site. specific geologic study for the undeveloped coastal bluff area along the west side of Carlsbad Boulevard (across from the power station). The purpose of the study will be to evaluate the geologic stability of the coastal bluff for beach access. The study will be performed generally as described in the CCC's "Geologic Stability and Blufftop Guidelines" (Johnsson, 2003). According to the City's LCP, the site-specific geologic study should demonstrate geologic stability for a 75-year time frame. CCC's intent is for coastal development projects to be planned and sited without the need for future shore protection. For this project, the CCC has stated the beach access project would be considered "ephemeral or transient" and would not be required to be maintained with shore protection. For a study of this type, key issues that need to be addressed are 1) erosion rate (long term bluff retreat), and 2) bluff stability. AECOM anticipates the study can be performed based on available information and geologic reconnaissance level assessment of the project area, as outlined below. No subsurface explorations are proposed at this time. Proposed work activities will include: • Reviewing published geologic maps and pertinent coastal geology literature. • Making a geologic reconnaissance of the project area to map geology and erosion related features. Prepare several representative geologic cross-sections using available topographic maps. Evaluate and map the bluff edge, if it can be reasonably defined. • Reviewing published information and historical photos. For example, the CCC provides websites containing historical low altitude air photography covering the North County coastline, including the project area. Photographs flown at various intervals can be useful to address the long-term bluff retreat rate, and for indications of previous instability. 3 September 23, 2015 • Performing limited bluff stability analyses based on the geologic profiles, and using geotechnical material strength data from AECOM geotechnical investigations from previous nearby projects. Using computer program Slope W, analyze the general stability of the slope against localized and deep-seated slope failures in terms of factors of safety. This type of analysis is typically performed to verify whether or not a development projects' proposed setback meets the minimum requirements for slope stability. For beach access, stability analyses would help demonstrate the bluff is generally stable and would not be considered hazardous. • Evaluating impacts of potential sea level rise as outlined by the CCC in their recent guidance documents. Sea level rise is generally anticipated to have the greatest impacts in coastal geologic settings that are prone to or have already experienced instabilities. The general geologic stability of the project area will be evaluated as outlined above. To further address the SLR issue, we will evaluate the local coastal setting, including beach and wave conditions, and beach replenishment projects in the North County/Carlsbad area. • Preparing a summary draft and final geologic report documenting the above activities, and presenting conclusions and recommendations pertaining to the proposed beach access project. Total cost anticipated for Task 6 is not to exceed $20,249.20. Task Order 12 Cost Estimate The estimate to complete the services described above for TD&FA No. 12 is $157,620.80, given the assumptions incorporated above. The task order will be billed on a time and materials basis at the task order level, with a not to exceed amount of $157,620.80. If assumptions incorporated above change, additional funds may be required to complete the work described. Any potential changes to assumptions or scope will be discussed with the City to determine appropriate action as soon as they are identified. Assumptions • AECOM will attend five (5) meetings (assumed 4 hours each). Project team members Dick Rol, Garrett Avery, and/or Michelle Fehrensen will be present. • This scope does not include the preparation of landscape architectural construction documents, specifications, or estimates. • This scope does not include the preparation of mass grading, facilities, or roadway layout plans. • No protocol surveys or wetland delineation is proposed at this time. • Scope does not assume field survey of the Encina Power Station for biological or cultural analyses. • Permitting assistance is limited to 120 hours of support. • One round of revisions on all deliverables. 4 September 23, 2015 Deliverables Progress Deliverables • Three (3) conceptual plan alternatives and three (3) aerial perspective drawings (included on the plan alternative graphics) • Three (3) illustrative roadway renderings • One (1) combined materials/precedents board. • One ( 1) revised preferred alternative concept plan and aerial perspective drawing • Four (4) visual simulations • Cultural Technical Letter Report • Biological Technical Letter Report • Geologic and Bluff Stability Report 5 September 23,2015 Carlsbad Boulevard Realignment and Land Exchange Project -TDF&A No. 12 -Terramar Coastal Improvements-Bluff Planning and Preliminary Permitting S b . edb AECOM u mitt Jy: September 23, 2015 Task 1 Task 2 Task 3 Task 4 TaskS TaskS Total Concept Bluff Preliminary Perm~ Planning/Design & Visual Biological Survey and Letter Processing/Project City/Outreach Meetings Simulations Cultural letter Report Report Management Geologic Study AECOM Bill Rate Hours Costs Hours Costs Hours Costs Hours Costs Design and Planning. Sr. Planner/Geologist I $ 186.00 30 $5,580.00 120 $22,320.00 2 $372.00 8 $1,488.00 8 $1,488.00 40 $7,440.00 208 $38,688.00 Environmental Planner IV $ 155.00 20 $3,100.00 20 $3,100.00 8 $1,240.00 8 $1,240.00 80 $12,400.00 16 $2,480.00 152 $23,560.00 BiologisVGeotechnical Eng Ill $ 113.00 0 $0.00 0 $0.00 80 $9,040.00 $0.00 40 $4,520.00 120 $13,560.00 Senior Biologist I $ 150.00 $0.00 0 $0.00 0 $0.00 20 $3,000.00 $0.00 0 $0.00 20 $3,000.00 Landscape Designer II $ 103.00 30 $3,090.00 500 $51,500.00 0 $0.00 0 $0.00 $0.00 0 $0.00 530 $54,590.00 Planner Ill $ 119.00 0 $0.00 0 $0.00 0 $0.00 20 $2,380.00 0 $0.00 20 $2,380.00 ,A.rcheologisVGeologistll $ 88.00 $0.00 0 $0.00 80 $7,040.00 0 $0.00 $0.00 40 $3,520.00 120 $10,560.00 ~ord Processor II $ 75.00 $0.00 0 $0.00 8 $600.00 8 $600.00 6 $450.00 0 $0.00 22 $1 ,650.00 Technical Editor $ 95.00 $0.00 0 $0.00 8 $760.00 8 $760.00 6 $570.00 4 $380.00 26 $2,470.00 GIS II $ 103.00 $0.00 40 $4,120.00 0 $0.00 0 $0.00 $0.00 16 $1,648.00 56 $5,768.00 OT AL AECOM LABOR 80 $11,770.00 $81,040.00 $10,012.00 $16,128.00 120 $17,288.00 156 $19,988.00 1,274 $156,226.00 Project Expenses Revenue! Revenue Revenue Revenue Reprographics/Mounting (at cost) sooo1 $200.00 records search $500.00 $200.00 $50.00 $200.00 $1 ,150.00 B&W8.5x 11 $0.10 0 0 $0.00 0 $0.00 0 $0.00 $0.00 $0.00 0 $0.00 Color 8.5 x 11 $0.95 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 Color11x17 $1.35 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 $0.00 0 $0.00 Mileage & Parking $0.510 360 $183.60 0 $0.00 0 $0.00 0 $0.00 $0.00 120 $61.20 480 $244.80 PROJECT EXPENSES COST $183.601 $200.001 $500.001 $200.00 $50.00 $261.20 $1,394.80 OTAL AECOM LA $11,953.60 $81,240.00 $17,338.00 $20,249.20 $157,620.80 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 11 PROJECT NO. 6054 TRAN828 This el enth Project Task Description and Fee Allotment, is entered into on -· ~ , pursuant to an Agreement between AECOM Technical S ices, Inc., a Ca · ornia corporation, ("Contractor") and the City of Carlsbad, ("City") dated Sept ber 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 1, 2015, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Improvements Cannon To Manzano Project, (the "Project"). The Project services shall include outreach and concept planning services as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (1 0) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by November 27, 2015. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials as specified in Table 1. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $26,526. City Attorney Approved Version 1/30/13 TRAN828 TABLE 1 FEE ALLOTMENT NO. 11 Carlsbad Boulevard Improvements Cannon To Manzano Project TASK GROUP LUMP SUM FEE City and Agency Coordination $7,828 Outreach Graphics $7,048 Modular Roadway Exhibit $4,160 Bluff Concept Planning $7,490 TOTAL (Not-to-Exceed) $26,526 Executed by Contractor this j V2 day of __ :J_0_l d--+------' 2015. CONTRACTOR (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By:~ P~rick A. Thomas I Public Works Director Date: ---..::e ......... (_Lc>-+L_.__! ')_·-__ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 2 City Attorney Approved Version 1/30/13 A: COM AECOM Technical Services, Inc. 3995 Via Oro Avenue Long Beach, CA 90810 T 562.420.2933 F 562.420.2915 wwwaecom.com AECOM TECHNICAL SERVICES. INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, David W. Huchel, hereby certifies that he is now and at all times relevant hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated January 1, 2010, has authorized Ray Hrenko, Vice President, to execute various written agreements and instruments relating to the Master Agreement for Professional Environmental Services for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031, entered into as of September 28, 2011, with the City of Carlsbad, on behalf of the corporation or its divisions. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary and has affixed the corporate seal of this corporation this 21st day of March, 2013. AECOM TECHNICAL SERVICES, INC. By=~·~frt"lit. ~ David W. Huchel, Assistant SecretarY (CORPORATE SEAL) APPENDIX "A" TASK ORDER NO. 11 A: COM CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 JULY 1, 2015 AECOM has been retained to provide environmental and land use consulting support for the Carlsbad Boulevard Corridor Realignment Project. This Task Description and Fee Allotments (TD&FA) No. 11 specific to the Cannon to Manzano improvements would provide for initial outreach, as well as initial conceptual bluff planning efforts. Task 1: City and Agency Coordination This task will provide for participation in a series of meetings with the City Coastal Corridor and Project Teams, as well as attendance at an initial public outreach meeting with Terramar residents. AECOM assumes up to five (5} meetings with City staff to discuss design direction and outreach approach and one (1) outreach meeting. Project Team members Dick Rol, Garrett Avery, and/or Michelle Fehrensen may be present, depending on the scope of the meeting. In general, 1-2 AECOM team members are assumed to attend each meeting. Total cost anticipated for Task 1 is not to exceed $7,828. Task 2: Outreach Graphics AECOM will prepare and produce up to 5 presentation boards for the initial outreach meeting with Terramar. At this time graphics are anticipated to include aerial photography, base mapping, existing constraints information, and photo documentation of existing conditions. AECOM will provide draft presentation graphics digitally to the project/outreach team for review and will revise the draft graphics. Revised graphics will be provided to the project/outreach team for a final review and approval. Once graphics are approved, AECOM will mount the graphics on foam boards for display at the initial outreach meeting. Total cost anticipated for Task 2 is not to exceed $7,048. Deliverab/es • Up to 5 presentation boards (assumed to be 36 by 48 inches) for outreach meeting 1 July 15,2015 A: COM Task 3: Modular Roadway Exhibit As an optional task, AECOM can prepare a modular roadway display for use at the public outreach meeting. The scaled base graphic will be mounted on foam board and will include the existing road right of way and property boundaries within the proposed project area. AECOM will then provide scaled roadway pieces (mounted on foam board) to be used by the project team and/or public to create and configure possible roadway modifications on top of the base graphic. AECOM assumes up to 10 modular pieces of the roadway will be prepared to scale including, but not limited to: 1) car lane, 2) bike lane, 3) Class 1 bikeway, 4) landscape strip, 5) parallel parking, and 6) 45 degree parking. Total cost anticipated for Task 3 is not to exceed $4,160. Deliverables • Draft and Final Modular Roadway Exhibit Task 4: Bluff Concept Planning AECOM will provide up to 3 internal concept sketches for enhancement of the bluff area north of Cannon Road, and across from the existing Encina Power Station. AECOM assumes the informal concepts will go through two review cycles and will be used only to inform internal team members and further design. Total cost anticipated for Task 4 is not to exceed $7,490. Deliverables • Three (3) hand-rendered Conceptual Design Alternatives will be prepared at 1 "=1 00' scale, delivered as singular roll-plots. Task Order 11 Cost Estimate The estimate to complete the services described above in Task Order No. 11 is $26,526, given the assumptions incorporated above. The task order would be billed on a time and materials basis at the task order level, with a not to exceed amount of $26,526. If assumptions incorporated above change, additional funds may be required to complete the work described. Any potential changes to assumptions or scope would be discussed with the City to determine appropriate action as soon as they are identified. 2 July 15, 2015 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR THE CARLSBAD BOULEVARD REALIGNMENT PROJECT (AECOM TECHNICAL SERVICES, INC.) TRAN828 This Amendment No. 1 is entered into and effective as of the ~7-Ift day of ::I vf\~ , 2014, extending the agreement dated September 28, 2011 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and AECOM Technical Services, Inc., a California Corporation, ("Contractor") (collectively, the "Parties") for professional environmental services. RECITALS A. The Parties desire to extend the Agreement for a period of two (2) years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on July 31, 2016. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 TRAN828 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR AECOM TECHNICAL SERVICES, INC., :;·lgl(::::. (sign here) Mi ME.NK.o1 \J\CC p~9l~NT (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: X\ V-A-~ kieity Manager 01 Mcij& or Director - Kathryn B. Dodson ATTEST: 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 A!:' COM AECOM Technical Services, Inc. 3995 Via Oro Avenue Long Beach, CA 90810 T 562.420.2933 F 562.420.2915 www.aecom.com AECOM TECHNICAL SERVICES, INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, Sarah M. Sabunas, hereby certifies that she is now and at all times relevant hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated July 10, 2013, has designated that Ray Hrenko, Vice President, may in accordance with established administrative procedure, execute various written agreements and instruments including the Amendment No. 1 to extend the Agreement for the Carlsbad Boulevard Realignment Project, by and between the City of Carlsbad, a municipal corporation and AECOM Technical Services, Inc. on behalf of the corporation or its divisions. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Assistant Secretary and has affixed the corporate seal of this corporation this 1 01h day of June, 2014. AECOM TECHNICAL SERVICES, INC. By:~~< Sarah M. Sabunas, Assistant Secretary PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 10 PROJECT NO. 6031 TRAN828 This tenth Project Task Description and Fee Allotment, is entered into on JUne, CJ. I ~0/3 , pursuant to an Agreement between AECOM Technical Ser"Vites, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated June 7, 2013, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include development of design alternatives and Native American outreach and coordination services as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred thirty (130) working days thereafter. Working days are defined in section 6-7.2 ''Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown "in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $169,035. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT ALTERNATIVES DEVELOMENT AND NATIVE AMERICAN OUTREACH/COORDINATION TASK GROUP NOT TO EXCEED FEE Project Management and Team Coordination $46,010 Alternatives Development $107,455 Individual Native American Stakeholder Meetings $4,860 Native American Stakeholder Site Visit $2,795 Aerial Photographic Research and Workshop $7,915 TOTAL (Not-to-Exceed) $169,035 Executed by Contractor this I 3 ..__hJ I'J s. day of ____________ ,, 2013. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation Ray Hrenko, Vice President (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ~(};db Date: (pp-:>/; g. I APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 ~COM AECOM Technical Services, Inc. 3995 Via Oro Avenue Long Beach, CA 90810 T 562.420.2933 F 562.420.2915 www.aecom.com AECOM TECHNICAL SERVICES. INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, David W. Huchel, hereby certifies that he is now and at all times relevant hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated January 1, 2010, has authorized Ray Hrenko, Vice President, to execute various written agreements and instruments relating to the Master Agreement for Professional Environmental Services for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031, entered into as of September 28, 2011, with the City of Carlsbad, on behalf of the corporation or its divisions. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary and has affixed the corporate seal of this corporation this 21" day of March, 2013. AECOM TECHNICAL SERVICES, INC. By=~·~QrJ..~y,. ~ David W. Huchel, Assistant Secretary (CORPORATE SEAL) Appendix "A" TASK ORDER NO. 10 CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 JUNE 7, 2013 AECOM has been retained to provide environmental and land use consulting support for the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project) as the City moves forward into design and implementation. Preliminary design alternatives were created by the project team based on broad publicly available information sources and a preliminary understanding of the important issues. The City has subsequently engaged in a series of stakeholder outreach meetings that have provided a deeper understanding of specific issues that need to be addressed, and AECOM has conducted detailed project-level biological and cultural surveys. TD&FA No. 10 would focus on advancing the preliminary alternatives developed in TD&FA No. 5 based on this new information. The intention of TD&FA No. 10 is to create project alternative designs that will serve as project definition information used in public vetting of alternatives and in the EIR. It is anticipated that this TD&FA will address the tasks below over a period of 3 months, approximately through the end of August 2013. Task 1: Project Management and Team Coordination This task will provide for active coordination among the consultant team and City staff in support of the alternatives development and refinement process. This task includes a team meeting every 2 weeks. Basic meeting preparation and follow up documentation time is also included. This task will also address AECOM project management activities, such as contract administration, client and internal team coordination, tracking interim and major milestones, and file management. This task will cover anticipated management needs through August 2013. Deliverables • Invoices and Contract Tracking Spreadsheet • Progress Reports • Meeting agendas and summaries as necessary Total cost anticipated for Task 1 is not to exceed $46,011.86. 1 June 7, 2013 Task 2: Design Alternatives This task is a continuation of TD&FA No. 5. It will respond to the information developed under other task orders and stakeholder feedback collected by the City. The intention of this task is to create project alternative designs that will serve as project definition information used in public vetting of alternatives and in the EIR. This task will support a series of focused studies to collect more detailed information as well as the exploration and development of 3 project alternatives. Those alternatives are envisioned currently to be: 1. A four lane alternative building upon the four lane alternative concept produced during TD&FA No.5. 2. A two lane alternative building upon the four lane alternative concept produced during TD&FA No.5. 3. A new 2 land alternative not previously developed with a road alignment that follows a more sinuous route through the northern end of the project corridor. Within each of these alternatives, we anticipate the need to develop several optional solutions for up to four specific focus areas. This task also extends the design envelope to include the Carlsbad Boulevard corridor up to the intersection with Cannon Road. As with previously developed concepts, the RBF engineering team will be primarily responsible for roadway alignment and layout for the new concept and for revising roadway elements in the other alternatives. AECOM's team will collaborate with RBF on roadway alignments, providing a perspective that helps avoid major constraints and maximize overall corridor opportunities. AECOM's team will analyze a series of specific elements to provide a better understanding and response to specific project issues, including how elements of the three envisioned alternatives can address the specific issues defined below: 1. Beach access: AECOM will use this effort to inform opportunities and needs for preservation and enhancement of critical beach access routes and for restoration of coastal bluffs along problematic routes. 2. Parking: AECOM will build upon the parking inventory to be prepared by RBF to evaluate the relationship between existing parking patterns and beach access I use areas. Alternatives will be refined to maintain functional parking for desired uses that will continue. 3. Lighting: AECOM will prepare basic conceptual lighting strategies for non-roadway elements of the project. 4. Noise: AECOM will collaborate with the City and RBF on creating a noise analysis and focused design solutions for noise abatement near the Solamar community. 2 June 7, 2013 5. Natural resource integration: AECOM's designs will continue to focus on upland and wetland restoration opportunities and the use of native species in corridor plantings. Our science teams will be available to participate in forming design solutions. AECOM will assign one designer full time, one designer half time, and our design principal at 20% to this effort between now and the end of August, 2013. We understand the nature of the final deliverables may evolve as the design process proceeds, and the active coordination efforts described under Task 1 will be used to facilitate this evolutionary process. Deliverab/es Progress Deliverables • Interim progress drawings will be prepared and presented informally to the team at each team meeting. Deliverables will generally be hand graphics on trace paper, but may also include other GIS or electronic deliverables as needed. Final Deliverables • Three (3) black and white hand-drawn Conceptual Design Alternatives (one (1) per Roadway Design Alternative) at 1 "=50 scale. • The precise nature of final deliverables will be determined as the design process unfolds and to accommodate changes identified by the specific analysis efforts and continued outreach. As funds allow, more refined products and/or additional drawings and sketches will be provided to support the main alternatives. Total cost anticipated for Task 2 is not to exceed $107,454.29. Task 3: Individual Native American Stakeholder Meetings As a continuing effort from TD&FA No. 7, AECOM will organize and coordinate one private stakeholder meeting each with San Luis Rey Band of Mission Indians and Pechanga Band of Luiseiio Indians. These meetings will fulfill both Tribe's individual request for a face-to-face meeting to discuss their concerns about the proposed project. Also, these meetings will give the Tribes an opportunity to share information regarding the known cultural resources and sacred sites within the proposed Project Area. Finally, the meetings will give the Tribes an opportunity to comment on the agenda for the proceeding Native American outreach meeting scheduled as a part of the Project's Task Order 7 and to discuss the Proposed Project's plant palette and the inclusion of native plants with traditional edible, medicinal, and material uses into the landscape design. AECOM will provide San Luis Rey Band of Mission Indians, Pechanga Band of Luisefio Indians, State Parks, and the City, notes and action items from their respective individual meetings. It is assumed that the meeting with San Luis Rey will occur at the downtown AECOM offices and will not require travel, while the meeting with Pechanga will occur at the Pechanga Reservation and would require travel. The budget assumes travel for two AECOM Tribal 3 June 7, 2013 Outreach Coordinators/ethnographers to attend one individual Native American stakeholder meeting at the Pechanga Reservation in June. Deliverables • Coordination and facilitation of two individual Tribal meetings • Notes and action items from each individual Tribal meeting • Contact log documenting all letters, emails, and follow-up phone calls with Tribal representatives involving AECOM outreach staff Total cost anticipated for Task 3 is not to exceed $4,860.93. Task 4: Native American Stakeholder Site Visit AECOM will coordinate with the City and State Parks to hold a site visit for interested Native American stakeholders. This will include issuing a formal invitation to Native American representatives and conducting follow-up phone calls to confirm receipt and encourage attendance. AECOM will provide the City with a draft letter for their review before mailing. The budget assumes travel for two AECOM Tribal Outreach Coordinators/ethnographers to attend one Native American stakeholder site visit sometime in mid-August. Deliverables • Draft invitation to Native American stakeholder site visit • Final invitation to Native American stakeholder site visit • Contact log documenting all letters, emails, and follow-up phone calls with Tribal representatives involving AECOM outreach staff Total cost anticipated for Task 4 is not to exceed $2,794. 70. Task 5: Aerial Photographic Research and Workshop AECOM will research and acquire aerial photographs of the Proposed Project Area, with the goal of compiling enough photographs per decade to distinguish land pattern and developmental changes in the proposed project area, from approximately 1920 to present day. AECOM will organize and facilitate a workshop-like meeting with San Luis Rey, City of Carlsbad, and State Parks (if requested) at the downtown AECOM offices , to analyze the land changes over the last several decades. Digital copies of the aerial photographs will be distributed to accordingly, as well as up to four (4) 2' by 3' printed maps, with the remaining maps printed at 11" by 17". 4 June 7, 2013 Deliverab/es • Digital compilation of aerial photographs of Proposed Project Area • Coordination and facilitation of aerial photographic workshop • Contact log documenting all letters, emails, and follow-up phone calls with Tribal representatives involving AECOM outreach staff Total cost anticipated for Task 5 is not to exceed $7,915.60. GRAND TOTAL FOR TASKS 1-5 NOT TO EXCEED: $169,037.38 5 June 7, 2013 $ Planner Ill $ Environmental Planner II $ Environmental Planner Ill $ Senior Biologist I $ Biologist 111 $ Senior Planner I $ Landscape Designer II $ Landscape Designer II $ Archaeological/Architectural His!Ofian II $ GIS Specialist Ill $ 8.5x 11 B&W 11 x 17 Color8.5x11 Color 11x 17 HP 10551nkjet Bood HP 6100 Inkjet Bood Special Handling 1/4 hr B&W scanning (large formal) Color Scanning only (large format) Punching/Binding (per book) Folding Supplies at cost, Corlllany 4X4 $75) jfrOTAL AECOM LABOR & OTHER DIRECT COSTS ASSUMPTIONS: TD&FA No. 10 ·Conceptual Design Alternatives Stakeholder Site Visit 117 16 91 32 127 72 6 48 96 24 0 $0.10 100 100 $0 15 50 100 $0 95 50 4D $1.35 $2.50 40 $4.50 100 $18 75 0 $2.50 20 $35.00 $2.00 $0 10 $116.00 $0.510 960 240 125 $0.00 $75.00 $4.860.93\ 20130607 _Final Carlsbad TDFA 10 Draft Costxls PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.9 PROJECT NO. 6031 TRAN828 and Fee Allotment, is entered into on , pursuant to an Agreement between -:A-:::E~:t.M~T;:'e~<'c7h-n,..ic"a'""'l 7 e-'-rv""ic-e""s:..., "'1"""nc-."-. -a----;:;C"""a""lif;-o-rn""'ia-corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 28, 2013, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include preliminary cost estimating services as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred thirty (130) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $14,400. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT NATIVE AMERICAN OUTREACH COORDINATION .··• .... . ...•..• ···:•::"fASI<GROUPU• ·· ·•• ··· NOTTOEXCEEDFEE.· Preliminary Construction Cost Estimation $14,400.00 TOTAL (Not-to-Exceed) $14,400.00 Executed by Contractor this Z I day of !VI¢;tX!1 ,2013. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contra,c'r} By: M~ (sign here) Ray Hrenko, Vice President (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARL BAD, a municipal corporation of the State of California By: Date: _4,-'-L.;i_z:....:.}..L.-; __ _ · ctor APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY: )QQJ ~ Assistant City Attorney City Attorney Approved Version 1/30/13 2 A:COM AECOM Technical Services, Inc. 3995 Via Oro Avenue Long Beach, CA 90810 T 562.420.2933 F 562.420.2915 www.aecom.com AECOM TECHNICAL SERVICES. INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, David W. Huebel, hereby certifies that he is now and at all times relevant hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated January I, 2010, has authorized Ray Hrenko, Vice President, to execute various written agreements and instruments relating to the Master Agreement for Professional Environmental Services for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031, entered into as of September 28, 2011, with the City of Carlsbad, on behalf of the corporation or its divisions. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary and has affixed the corporate seal of this corporation this 21" day of March, 2013. AECOM TECHNICAL SERVICES, INC. By:~:,W.£,@. ~ David W. Huchel, ASsistant SecretarY (CORPORATE SEAL) Appendix "A" TASK ORDER NO.9 CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 FEBURARY 28,2013 AECOM has been retained to provide environmental and land use consulting support for the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project) as the City moves forward into design and implementation. A critical step in project design is completing preliminary alternative development to identify and refine a range of preliminary reasonable alternatives that can be presented to the public for input. TD&FA No. 9 would provide for preparation of a preliminary project cost estimate. Task 1: Preliminary Construction Cost Estimation Task 1 is intended to provide the City with forward visibility of potential construction costs related to the conceptual design alternatives developed under Task Order 5. This task will produce preliminary construction cost estimates (CCE) for non-roadway public realm improvements corresponding with the 2-lane and 4-lane roadway configurations. The final deliverable will consist of two (2) Preliminary CCEs as Rough Orders of Magnitude (ROM). • Area and Quantity Take-offs To facilitate consistent and comparable quantity take-offs, Task 4 will begin with digitizing both hand-drawn concept alternatives using AutoCAD 2012. This effort will allow the City, AECOM, and PDT at-large to better quantify the use of desired construction materials and if necessary, support a future evaluation of materials substitutions. • Materials and Constructabilitv Beyond raw quantities, the CCEs will consider material-specific costs and degree of construction effort required. This is particularly important in feature-areas where project elements combine multiple materials, grading, and forms unique to the project, and where construction staging or phasing is especially critical. Assumptions: • Each CCE will be prepared as a Rough Order of Magnitude, organized by project segment. • Unit Costs will be derived from a combination of publicly-available cost data, recent bid submittals, and general industry experience. • CCEs will be formatted to correspond to preliminary estimate prepared by RBF Deliverab/es • Two (2) Landscape Architect's preliminary construction cost estimates in Excel spreadsheet format with narrative description of cost assumptions. Total cost anticipated for Task 1 is not to exceed $14,400. Task Order 9 Summary The estimate to complete the services described above in Task Order No. 9 are anticipated to total $14,400 given the assumptions incorporated above. The task order would be billed on a time and materials basis at the task order level. If assumptions incorporated above change, additional funds may be required to complete the work described. Any potential changes to assumptions or scope would be discussed with the City to determine appropriate action as soon as they are identified. 2 Carlsbad Boulevard Realignment and Land Exchange Project Task Order No. 9 Submitted by: AECOM February 28, 2013 Task 1 TOTAL Construction Cost Estimate AECOM Rate Hours Costs Hours Costs Sr. Planner I $ 180.00 1 $180.00 1 $180.00 Senior Landscape Architect (Senior Planner I) $ 160.00 16 $2,560.00 16 $2,560.00 Landscape Designer II $ 100.00 107 $10,700.00 107 $10,700.00 Planner Ill $ 115.00 8 $920.00 8 r--$920.00 ---------r··--·----. _o Technical Editor $ 95.00 OTAL AECOM LABOR 132 $14,360.00 132 $14,360.00 Project Expenses Cost Cost Couriers/Postage Equipment Rental Field Maps Record/Data Research Reprographics/Photo Copies per page: B&W 8.5 x 11 $0.10 90 . $9.00 90 $9.00 B&W11 x17 $0.15 20 $3.00 20 $3.00 Color 8.5 x 11 $0.95 15 $14.25 15 $14.25 Color 11 x 17 $1.35 7 $10.11 7 $10.11 HP 1055 Inkjet Bond $2.50 HP 6100 Inkjet Bond $4.50 Special Handling 1/4 hr $18.75 B&W scanning (large format) $2.50 Color Scanning only (large format) $35.00 Punching/Binding (per book) $2.00 Folding $0.10 ProjecUField Supplies . ---~ Meals/Lodging (Non Per [)iem) Per Diem $116.00 Mileage & Parking $0.555 ravel (Fares) r.tehicle Use (Rental at cost, Company 4X4 $15C $150.00 PROJECT EXPENSES COST $36.36 $36.36 V\ECOM MARKUP ON EXPENSES 10% $3.64 $3.64 ----TOTAL PROJECT EXPENSES COST $40.00 $40.00 TOTAL AECOM LABOR & OTHER DIRECT COSTS $14,400.00 $14,400.00 ASSUMPTIONS: TO 9 Cost 2 25 13.xls PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.8 PROJECT NO. 6031 TRAN828 and Fee Allotment, is entered into on -;-;-:{!:'*;..c:;;h~-:->--!-,.1:-..C=-""-';:-.>-....L--o;---=-:---' pursuant to an Agreement between AEC M Technical ervices, Inc., a California corporation, ("Contracto~') and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 21, 2013, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include biological survey and reporting services as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty (260) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $112,400.83. Crty Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT BIOLOGICAL SURVEYS AND REPORTING i ~< ~ ~ ,,, ··.,~ ., TASI<'GR.OlJP; ;~,; >'~ c· '';c,, 1 NOT TO EXCEED' FEE Rare Plant Surveys $15,975~00 Wildlife Surveys $46,869~00 Summary Protocol Surveys Letter Report $8,201.50 Jurisdictional Wetland Delineation $11,892.50 Agency Pre-Application meeting and Permitting Strategy $6,789.63 Jurisdictional Delineation Report $22,673.20 TOTAL (Not-to-Exceed) $112 400.83 Executed by Contractor this ;?/ day of _ _t...M!.i.fldL=.t:."-"LeL!IL_ ______ ,2013. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation By: (sign here) Ray Hrenko, Vice President (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation~ CITY OF CARLSBAD, a municipal corporation of the State of California ~~ Date:--'--'c(6--t-b~-'-=-/3 __ City Manager er Qirester By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: AUU~ Assistant clt}fAtt0111Y City Attorney Approved Version 1/30/13 2 ~COM AECOM Technical Services, Inc. 3995 Via Oro Avenue Long Beach, CA 90810 T 562.420.2933 F 562.420.2915 www.aecom.com AECOM TECHNICAL SERVICES. INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, David W. Huebel, hereby certifies that he is now and at all times relevant hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated January I, 2010, has authorized Ray llrenko, Vice President, to execute various written agreements and instruments relating to the Master Agreement for Professional Environmental Services for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031, entered into as of September 28, 2011, with the City of Carlsbad, on behalf of the corporation or its divisions. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary and has affixed the corporate seal of this corporation this 21" day of March, 2013. AECOM TECHNICAL SERVICES, INC. By:~·~ert,e.. ~ DaVld W. Huchel, Assistant Secretary (CORPORATE SEAL) Appendix "A" TASK ORDER NO. 8 2013 BIOLOGICAL SURVEYS AND REPORTING CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 FEBRUARY 21,2013 AECOM has been retained to provide environmental and land use consulting support for the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project) as the City moves forward into design and implementation. A critical step in the design and environmental compliance process is completing the necessary technical surveys and studies required for the environmental document. Task Order No. 8 (TD&FA No. 8) will consist of biological surveys to be conducted in the spring of 2013, in accordance with results of the 2012 habitat assessment and recommendations provided in the Carlsbad Boulevard Realignment Baseline Environmental Evaluation (AECOM 2012). Recommendations include focused surveys for biological resources and corresponding reporting as discussed in further detail below. Unless indicated otherwise (e.g., wetland delineation surveys), focused surveys would be conducted within the biological study area (BSA), which consists of the currently proposed realignment footprint plus a 500-foot buffer. Task 1: Rare Plant Surveys Botanical resources were assessed for the proposed project during the spring of 2012, including the mapping of vegetation communities and potential for the occurrence of rare plant species. However, no focused rare plant surveys were conducted. Based on the 2012 botanical assessment, focused rare plant surveys will be conducted within the BSA on approximately 195 acres (21.88 acres within the potential impact area and 173.18 acres within the 500-foot buffer). This acreage includes only areas with suitable habitat for rare plants and does not include areas of urban/developed land or disturbed habitat. Survey methods will be based on the following resources: 1) Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed, and Candidate Plants (USFWS 2000); 2) Guidelines for Assessing the Effects of the Proposed Project on Rare, Threatened, and Endangered Plants and Natural Communities (CDFG 2000); and 3) California Native Plant Society (CNPS) Botanical Survey Guidelines (CNPS 2001). Rare plant surveys within the BSA, will be conducted by walking meandering transects of varying width ensuring complete visual coverage of suitable natural habitats and general traversal of unsuitable habitats (i.e., developed/disturbed areas). Transects will be documented with a sub-meter GPS unit. Rare plant surveys will include a comprehensive list of all vascular plant species detected within the BSA. Plant species will be identified to a taxonomic level which will allow rarity to be determined. Plant species taxonomy and nomenclature will follow the Jepson Manual, Second Edition (Baldwin et al 2011 ). AS'COM If a rare plant species is detected within the BSA, the data collected will include a map with sub- meter GPS points or polygons displaying species distribution, population estimates, phenology and general condition of the population, and potential threats to the population within the BSA. This data will be used to document findings and complete a CNDDB California Native Species Field survey Form, which will allow the CNDDB to further build their database on rare plant occurrences within California. Rare plant species are those species listed by the US Fish and Wildlife Service (USFWS), CDFG, CNPS Rare Plant Inventory, and/or those covered by the HMP and MHCP. Target rare plant species will be based on a California Natural Diversity Database, California Native Plant Society Electronic Inventory, Jepson consortium of herbaria, and San Diego Natural History Museum search, as well as, pre-existing knowledge of the project area. Rare plant species that occur or have potential to occur within the BSA, include but are not limited to, red sand verbena (Abronia maritima), aphanisma (Aphanisma blitoides), Nuttall's acmispon (Acmispon prostratus), San Diego button-celery (Eryngium aristulatum var. parishit), cliff spurge (Euphorbia misera), California box-thorn (Lycium californicum), little mousetail (Myosurus minimus), spreading navarretia (Navarretia fossa/is), coast woolly-heads (Nemacaulis denudate var. denudate), and California Orcutt grass (Orcuttia californica), . Two survey periods are expected for this task to capture the early and late spring blooming period for potentially occurring species. The timing of these survey efforts will be dependent on rainfall conditions and patterns in 2013, but is generally late March through May. A total of 12 person-days (6 person-days for each survey period) are assumed for the focused rare plant surveys. Summary Rare Plant Surveys Memorandum Following the completion of the rare plant surveys, a brief memo summarizing the findings will be prepared. The memo will include a brief summary of the methodology used during the surveys, a summary of the rare plant survey results, and a map of all rare plant occurrences. A list of all plant species detected will also be provided. Total Cost Anticipated for Task 1 is Not To Exceed $15,975.00 Task 2: Wildlife Surveys Belding's Savannah Sparrow -Surveys will be performed at least one week apart during the breeding season (February 15 to April 30) for up to five survey visits. All surveys must occur in the morning between 6 AM and 10 AM. It is anticipated no more than 1 survey day will be needed to cover the total 2.59 acres of suitable habitat within the BSA. A total of five survey days for two biologists is included in this task. Subtotal for Belding's Savannah Sparrow Surveys: $6,177.50 2 Coastal California Gnatcatcher Survevs -Surveys will be conducted in accordance with the most current Coastal California Gnatcatcher Presence/Absence Survey Guidelines issued by the USFWS in February 1997. Three surveys will be performed (at least one week apart) between February 15 and August 31. Surveys must occur between 6:00AM and 12:00 PM. It is anticipated no more than 1 survey day will be needed to cover the approximately2.66 acre of suitable habitat survey area within the 6-hour time interval designated in the protocol. A total of three survey days for two biologists is included in this task. Subtotal for Coastal California Gnatcatcher Surveys: $4,306.50 Light-footed Clapper Rail Focused Surveys -There is no official USFWS protocol for light-footed clapper rail surveys, thus the methodology described herein is based on information in the Light- footed Clapper Rail Recovery Plan (USFWS 1985). Six surveys will be conducted, each separated by at least 1 week. There will be three dawn surveys to occur from pre-dawn to no later than 2 hours after sunrise, and three dusk surveys to occur between 2 hours prior to sunset and sunset. Surveys will occur approximately between April 15 and June 15. It is anticipated that no more than 1 survey day will be needed to cover the approximately 0.57 acre of suitable habitat within the BSA. To conduct the six surveys, a total of six survey days for two biologists is included in this task. Subtotal for Light-footed Clapper Rail Focused Surveys: $7,407.50 Least Bell's Vireo Protocol Surveys -Surveys for the endangered least Bell's vireo will be conducted in accordance with the most current 2001 USFWS survey guidelines. Eight surveys will be conducted at least 10 days apart between April10 and July 31. The surveys must occur between dawn and 11:00 AM. It is anticipated that one survey day will be needed to cover the approximately 8. 72 acres of suitable habitat within the BSA within the 6-hour time interval designated in the protocol. Therefore, to conduct the eight requisite vireo surveys, a total of eight survey days is included in this task. Southwestern Willow Flycatcher Focused Surveys -Surveys for the endangered southwestern willow flycatcher will be conducted following the most current 2010 USFWS survey guidelines. Five surveys will be conducted during the period from May 15 through July 17. Surveys must occur between a half-hour before dawn to 10:00 AM. It is anticipated that one survey day will be needed to cover the approximately 8. 72 acres of suitable habitat within the BSA within the time interval designated in the protocol. Surveys for flycatcher will be conducted concurrently during vireo surveys for at least four of these five surveys. Therefore, to conduct the total of five, one additional survey day is included in this task. Subtotal for Least Bell's Vireo Protocol and Southwestern Willow Flycatcher Focused Surveys: $15,717.50 3 California Least Tern Focused Swvevs -There is no official USFWS protocol for California least tern surveys, thus the methodology described herein is aimed at detecting breeding California least terns during peak breeding season, as defined by the USFWS California least tern recovery plan (USFWS 1980). According to the recovery plan, the nesting season extends from approximately May 15 into early August with the majority of nests completed in mid-June. There may be a second wave of nesting from mid-June to early August. Therefore, eight surveys will be conducted at least one week apart during the span of the breeding season (May through August). At least six of the eight surveys will be conducted between the peak of the breeding season (May through July) and cover approximately 22.11 acres. Surveys will be · conducted on one day per visit and will occur between 7 AM and 1 PM. Surveys for the California least tern will be conducted concurrently with surveys for the western snowy plover. Therefore, to conduct the eight surveys, a total of eight survey days for two biologists is included in this task Western Snowv Plover Focused Survevs -There is no official USFWS protocol for western snowy plover surveys, thus the methodology described herein is aimed at detecting breeding western snowy plovers during peak breeding season as defined by the USFWS Western Snowy Plover Recovery Plan (USFWS 2007). According to the recovery plan, the nesting season extends from early March through late September. Peak initiation of nesting occurs from mid- April through mid-June, while peak hatching occurs from May through July. Eight surveys will be conducted at least one week apart during the span of the breeding season (March through September). At least six of the eight surveys will occur between May through July (the peak of the breeding season), cover approximately 22.11 acres each time, and occur between 7 AM and 1 PM. Surveys for the western snowy plover will be conducted concurrently with surveys for the California least tern. Subtotal for California Least Tern and Western Snowy Plover Focused Surveys: $13,260.00 Total Cost Anticipated For Task 2 is Not To Exceed $46,869.00 Task 3: Summary Protocol Surveys Letter Report Findings from the wildlife surveys will be summarized in a Summary Protocol Surveys Letter Report. The report will provide a description of the survey area, survey methodology, and survey results for each of the listed bird surveys conducted. The report will also include maps depicting locations of the survey areas and listed bird observations. Per conditions of AECOM's 1 Oa Threatened and Endangered Species permit, this report must be submitted to the USFWS within 45-days of completion of all protocol surveys. The initial draft will be provided to the City of Carlsbad within 30-days of completion; comments will be provided to AECOM within one week to allow for the report to be submitted to USFWS within the required 45-day time frame. Total Cost Anticipated for Task 3 is Not To Exceed $8,201.50 4 AS'COM Task 4: Jurisdictional Wetland Delineation The optimal time to conduct jurisdictional wetland delineations is spring (March through May). This allows observation of pending and/or water flows, and allows for the best identification of annual hydrophytic plant species. The project area/vicinity has known vernal pools, so a spring wetland delineation would also provide for a more optimal time to observe vernal pools that are known for the project area and associated hydrology to help decide whether they are isolated or not. The sooner a formal delineation is conducted, the better the team can consider design opportunities and potential innovations beyond the traditional methods to avoid or minimize impacts to jurisdictional waters. AECOM wetlands specialists will conduct an assessment and delineation of wetlands and waters throughout the approximately 98-acre potential impact area (i.e., the "project area"). Prior to conducting the field delineation, AECOM will review soils, vegetation, and watershed data available for the project area. The formal field delineation will include collection of data sufficient to determine the type, location, and extent of potential jurisdictional waters of the U.S and State within the project area. All aquatic resources within the project area, including storm water facilities (i.e., MS4 features) will be evaluated for their potential jurisdictional status. Location and extent of potential jurisdictional waters delineated within the project area will be collected using sub-meter accuracy GPS equipment. • Federal Wetlands -To delineate potential federal wetlands under the jurisdiction of the U.S. Army Corps of Engineers (USAGE), AECOM will conduct a 3-parameter wetland delineation (i.e., hydrophytic vegetation, wetland hydrology, and hydric soils) as outlined in the latest federal guidance manuals at locations within the project area that exhibit wetland characteristics, and complete the required USAGE Data Forms. • State Wetlands-Potential State wetlands will be mapped following relevant 1-parameter guidance issued by California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and California Coastal Commission (CCC; note that aquatic features considered Environmentally Sensitive Habitat Areas by CCC will also be mapped). • Federal and State Non-Wetland Waters -AECOM will also document characteristics (e.g., ordinary high water mark indicators, connectivity to other aquatic features, etc.) that would indicate the presence of potential non-wetland waters of the U.S. and State within the project area. After completion of the field delineation, all applicable field data will be compiled into a Geographic Information System (GIS) file to summarize the extent and types of jurisdictional waters that coincide with the project area. This GIS file would facilitate project planning and the identification of options to avoid and minimize impacts to jurisdictional waters. Total Cost Anticipated for Task 4 is Not To Exceed $11,892.50 5 Task 5: Agency Pre-Application Meeting and Permitting Strategy AECOM will schedule and prepare for a pre-application meeting to attend with the City of Carlsbad and the applicable resource agencies, including the USACE, CDFW, RWQCB, and CCC. This meeting will focus on the following: • Introduction of the Carlsbad Boulevard Realignment Project • Gather agency input and likely roles and staff assignments • Discuss early constraints, regulatory/permitting requirements • Identify any relevant reports or other data collected in the project area • Establish the different resource agencies level of participation in the project and permitting processes • Answer any questions and record key concerns • Establish communication protocols Following the meeting, AECOM will distribute meeting minutes and action items to the meeting attendees. Based on input received at the meeting, AECOM will prepare an overall permitting strategy memorandum for the project that will summarize each agency's jurisdiction over the aquatic resources and the proposed regulated activities; summarize the agencies roles, responsibilities, and permitting process; and determine the most effective permitting options for the project. If activities qualify for exemption from permit requirements, such applicable exemptions will be noted. The permitting strategy will be summarized in a brief, but comprehensive memorandum. Assumptions: • The permitting strategy memorandum will not exceed 6 pages. • This scope includes one multi-agency pre-application meeting to be held on May 14, 2013. • AECOM will prepare and provide the agenda and sign-in sheet for the May 141" pre- application meeting. • AECOM will supply existing graphics for review at the May 141" pre-application meeting, including existing aerial photographs and vegetation mapping that are included in the Carlsbad Boulevard Realignment Baseline Environmental Evaluation (AECOM 2012). Total Cost Anticipated for Task 5 is Not To Exceed $6,789.63 Grand Total for Tasks 1 - 5 Not To Exceed: $89,727.63 6 Optional Task: Jurisdictional Delineation Report After completion of the field surveys, all applicable field data will be compiled into a Geographic Information System (GIS) file to summarize all jurisdictional waters and wetlands that coincide with the project area. A Jurisdictional Delineation Report (Report) will be prepared based upon these findings and criteria outlined within agency guidance documents and manuals. This Report will be suitable for submittal to USAGE, CDFW, RWCQB, and CCC and will include a discussion of the methodology and summary of the findings within the project area. Any determination of jurisdiction provided in the Report is preliminary and should not be considered final until review and concurrence from the resource agencies is received. Based on the field findings and the limits of potential impact areas, the Report will summarize anticipated impacts to jurisdictional waters and whether permits from USAGE, CDFW, RWCQB, and CCC will be required for the proposed project work. As attachments to the report, AECOM will provide (1) figures illustrating the type, location, extent, and potential jurisdictional status of the aquatic features delineated within the project area; (2) all completed USAGE Wetland Determination Data Forms; (3) representative photographs; and (4) the appropriate completed USAGE Jurisdictional Delineation form(s). In addition, a GIS shapefile indicating the type, location, and extent of the delineated aquatic features within the project area will be provided to the City. Assumptions: • The field delineation of the project area can be completed by a team of two wetland specialists within three (3) field days. • Soil pits will not be created or investigated within vernal pool basins. • AECOM will prepare the appropriate type and number of Jurisdictional Determination (JD) package(s) for all federally delineated aquatic features, per USAGE guidance memoranda. It is assumed that some of the vernal pools within the project area would meet the federal definition of wetland; therefore, separate Approved JD forms will need to be prepared for each vernal pool wetland. It is assumed that one Preliminary JD form can be prepared for all other delineated features (i.e., except for the vernal pool wetlands) within the project area. • AECOM will submit electronic copies (on CD in MS Word and PDF versions) and a total of 3 hard copies each of the Draft, Pre-Final, and Final Jurisdictional Delineation Reports. Optional Task Anticipated Total Cost Is Not To Exceed $22,673.20 7 Carlsbad Boulevard Roai•QnmMI and Land Exohango PrOJOCI Tas• Order No 8-2013 810 Survoys1Moppong1Rei>Or1S SUbmit*~ b'i AECOM ·~· ' 0111 .... .,.. t.:tng~s ... ..,., ""'""' . . -ll<jhFoou~= :::.; ' "~ ·-locol., oollomond --""''"'"' col ...,.y, ' ... ::.,d-;:.11\l:; Jlliodic " " ·~ Foe ... dSU>nyl ""locoiSu,..,.o Soulh .. OhmWYiow Flyutchor s....,.-F ... M<I l,ollor Ropo~ ~~oolllon JOPTlDNAL TASK focuoodSu'"'fl ·-..... NOT INCUIOEO II TOTAL) ~---·-.. _ ~ .. .. _ ·-·-, .. Hours ~ .. .. _ ~·· -Coots ·-~-·~ ~ .. "'~ ~- .. _ -~olnondPioiWII ,_, ' '"" ~~: • omo t::~o!JS!II ' 11500 ' ' $11100 ' 17000 $/,~~ ' ,:::~ ' 11,)00 " $1.040 " 11,700 ~~~~~~ ' 14500 . ::;~; ~-~:~ It~;~ " ::-::~ ,.o 11250 '" 115,225. !l'~m ' 11000 "' S6ooo0.: ,, 11,15(10 ' " IJ,lOO ·;• 11,0400 ' " " miD~ oq IUOQ "' $34.160 oloto~ll ' "" h ~~=~ ' ' 11,100 " $6,4100 " ' :~;; '" llll.l'tiO r;.s~sP«"*"''' ' 11000 omoo $l500 1/10 ' •• ' ~00 " " 11IOOCW: " 13,360 • 11,11;>1) Oc\lrO<BIEdt<Jr ' "" ' $1140 ,,, •• " ·~ afAL AECOM lABOR '" II~\ " • • ., .. m m 110.-J '" "' • "" • " " m •• '" •• ' ···:~81;::; ""' .:::: .~~~ 101Q ;o~ " "' $10 ~ I•' I-" " C<:IO<if><ll \(· 3~-., .:;:: " :::: " ~:: "' j t-·~"7'"' c~"' ttx11 l11' m " .. "' lec•'l ... "" • I"' ~ =i ·:~; ::;:; ••;,o ·~"' =!t • ~ ,. .~:: ,;;~J ~ ~ .~. ,;;; .:~; "''" AL AECOM lA80R l O'IHE~ 01118;T COSTS $15fl5 sam "u ·~ 115117 •m " m mm m ~~- BloSUrveyoTookOrderi'lo 8C<>Ot2.J:;.13 TRAN828 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.7 PROJECT NO. 6031 Fee Allotment, is entered into on , pursuant to an Agreement between -=A"""E~c2o~~T;-e""'c':h'-n.,-ic-a.:;.z,"'e~rv...,._ic~e.t.s<.., ~1;-n""c"". ,-a_...,C,..a""lif-;-o-r-ni'""a-corporation, ("Contractor'') and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 25, 2013, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include Native American outreach coordination services as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty (260) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and ex1ent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor onlv upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $22,724.50. Crty Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT NATIVE AMERICAN OUTREACH COORDINATION . , ....... · .. ··•···.··•·••······ ····.·······.··• , '"' jft:A~KGR()up·•.••···•··••·r".:'~ ~~·'.Cr••·· ... ;.•···· .. •Norroexc3eE;o €ee Communication with NAHC $2,065.00 Contact/Coordination with Native American Tribes and Reps. $5,179.00 Focused Native American Stakeholder Meeting $8,824.00 Support Facilitation of Stakeholder Meeting $6,656.50 TOTAL (Not-to-Exceed) $22,724.50 Executed by Contractor this 2/ day of __ _;./UC!l.I.-"I!.""'&""L:L.II'-------·2013. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation tor) By: (sign h Ray Hrenko, Vice President (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ){lQJ_ ~ Assistant City AttOrneY City Attorney Approved Version 1/30/13 2 Aa'COM AECOM Technical Services, Inc. 3995 Via Oro Avenue Long Beach, CA 90810 T 562.420.2933 F 562.420.2915 www.aecom.com AECOM TECHNICAL SERVICES. INC. CERTIFICATE OF ASSISTANT SECRETARY The undersigned, David W. Huebel, hereby certifies that he is now and at all times relevant hereto has been the duly elected and acting Assistant Secretary of AECOM Technical Services, Inc., a California corporation, and that the Board of Directors, by resolution dated January 1, 2010, has authorized Ray Hrenko, Vice President, to execute various written agreements and instruments relating to the Master Agreement for Professional Environmental Services for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031, entered into as of September 28, 2011, with the City of Carlsbad, on behalf of the corporation or its divisions. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Secretary and has affixed the corporate seal of this corporation this 21" day of March, 2013. AECOM TECHNICAL SERVICES, INC. By: g.y;,WL· ~ t;i I ~ David W. Ruche!, Assistant SecretarY (CORPORATE SEAL) Appendix "A" TASK ORDER NO.7 CARLSBAD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 NATIVE AMERICAN OUTREACH COORDINATION DRAFT SCOPE OF WORK AND FEE ESTIMATE FEBRUARY 25,2013 The City of Carlsbad is initiating the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project), which would allow the City to realign a portion of Carlsbad Boulevard and exchange vacated property with State Parks to enhance public access to the city's coastline. Carlsbad's coastline is an important part of the city's identity, quality of life, and economy. Increasing public access to the coastline and promoting a healthy outdoor lifestyle are important goals shared by the City of Carlsbad and community, and have been identified as a City priority. The potential realignment of Carlsbad Boulevard and land exchange along the corridor will provide an opportunity for the. City to create signature coastal projects that will provide for extraordinary recreational areas for generations of today and the future to enjoy. AECOM is pleased to submit Task Order No. 7 (TD&FA No. 7) to assist the City of Carlsbad with Native American consultation efforts held in support of the Proposed Project. TD&FA No. 7 is anticipated to include assisting the City in communicating with the Native American Heritage Commission (NAHC), identify and communicate with tribes that may be affected by the proposed project, and facilitate a Native American stakeholder meeting. SPECIFIC QUALIFICATIONS AND EXPERIENCE Working with Tribal entities through targeted outreach and ethnographic research is an integral element in the management of cultural environments. With decades of experience in the field of cultural resource management, outreach, and ethnographic inquiry, AECOM specialists understand how changes in land use and transportation -like the Proposed Project-can affect the local environment, thereby affecting deeply held Native American cultural beliefs. AECOM has consulted with a broad range of Native American groups for a wide variety of projects. This has involved many meetings with Tribal cultural resource-related staff, elder groups, and Tribal councils in various contexts. AECOM has also worked directly for a number of Native American government entities throughout the country, providing environmental consulting services for development projects on Native American lands. With long experience working with olients such as the Bureau of Land Management, National Park Service, city and municipal planners, private developers, and Tribal governments, AECOM specialists bring to this task order the ability to communicate and operationalize within the regulatory contexts required, while carefully considering the impacts to ethnographic resources 1 and cultural landscapes. AECOM will facilitate a project atmosphere of trust and mutual respect for all parties associated with the Proposed Project by building cooperative relationships, while clearly communicating environmental changes and cultural concerns as early as possible in the realignment and land exchange process. By involving and communicating with all parties through a combination of targeted outreach and ethnographic understanding, the consultation strategy presented in this task order truly address the complexities of Proposed Project and its potential on the surrounding built, natural, and social environment. Stev Weidlich, MS, will serve as Native American Consultation Task Order Lead for this project. Mr. Weidlich has 7 years experience as a cultural anthropologist, Tribal outreach, environmental justice specialist, and environmental analyst, and has worked on a wide variety of social impact and ethnographic projects in the southern California area. Mr. Weidlich is currently serving as the Tribal Outreach specialist for the California High Speed Rail (Merced to Fresno) project, and recently served as Tribal Outreach specialist for the SR-94 environmental process. He also served as the Lead Ethnographer and Outreach Specialist for the San Diego Integrated Regional Water Management Plan (IRWMP) Update and for the McCoy Solar Energy Project Ethnographic Assessment. Prior to these projects, Mr. Weidlich was the project manager for the Barrio Carlsbad Community Cohesion Report (for Caltrans and SANDAG), which documented and described community characteristics with data collected through fieldwork and ethnographic interviews in the City of Carlsbad. Hillary Warren, MA, will serve as deputy Task Order Lead for this project. Ms. Warren has 5 years experience in various cultural resource management, ethnographic, and community- based outreach projects in the southern California, central US, Europe, UK, and North Africa. Since joining AECOM, she has worked on the McCoy Solar Project Ethnographic Assessment and helped coordinate the Native American outreach task for the San Diego IRWMP. PROPOSED SCOPE OF WORK The Tribal Outreach portion of this project will include the following: Task 1: Communication With Native American Heritage Commission INAHCl AECOM will contact the Native American Heritage Commission (NAHC) for: (1) a sacred lands search for areas of potential tribal concern within the project's planning boundaries; and (2) a list of registered tribal contacts for those California Native American tribes that may have traditional territories and interests in cultural places within the proposed project area. The letter submitted to the NAHC will include a description of the proposed Carlsbad Boulevard Realignment and Land Exchange Project and a USGS 7.5 minute quadrangle map showing the proposed project footprint. A draft of the letter will be provided to the City of Carlsbad and if desired State Parks for one (1) round of review before submission to the NAHC. 2 Total Cost Anticipated for Task 1 is Not To Exceed $2,065.00 Task 2: Contact/Co-Ordination With Native American Tribes and Representatives Based on the NAHC list and knowledge of Native American tribal representatives commonly contacted regarding projects in the coastal Carlsbad area, AECOM will establish communication with regional Tribes. First, AECOM will send a registered letter to each contact describing the proposed project. The letter will include a map of the project site, a form soliciting any preliminary comments, and a self-addressed stamped envelope. Contact will include follow-up calls and/or emails with all representatives to confirm receipt of the letter, solicit any additional comments, and confirm the appropriate Tribal representative to contact as the consultation process moves forward. AECOM understands that ongoing community outreach efforts are underway through the City's Communication Department. To avoid any duplication of efforts and to ensure continuity between this proposed effort and the City outreach strategy AECOM is assuming that contact with tribal representatives will be vetted through the City Communication Department prior to release. Coordination with the City's Communication Department will be handled by the City's Engineering Department. Concurrent review and comment by the City's Engineering and Communication Departments is assumed. Total Cost Anticipated for Task 2 is Not To Exceed $5,179.00 Task 3: Focused Native American Stakeholder Meeting AECOM will organize and coordinate a stakeholder meeting which will include Native American representative participation as well as the City and State Parks. AECOM will issue a formal invitation to Native American representatives and conduct follow-up phone calls to confirm receipt and encourage attendance. This meeting is assumed to be limited to Native American representatives and will take place at the City of Carlsbad offices. Other attendees would include City of Carlsbad and if desired State Parks staff. AECOM would coordinate the meeting space with the City, and provide refreshments. AECOM will produce an agenda (in coordination with City staff) and presentation materials (i.e., PowerPoint presentation). AECOM would also keep minutes and track action items. The task would include the development of a meeting summary to be submitted to City of Carlsbad and State Parks staff. In consideration for the budget, graphics and other visual aids already created in concert with previously authorized task orders will be used to create any presentation materials. Again, limited coordination between the City's Communication and Engineering Departments is assumed and will be handled internally within the City. Total Cost Anticipated for Task 3 is Not To Exceed $8,824.00 3 Optional Task -Support Facilitation of Stakeholder Meeting AECOM will collaborate with the City of Carlsbad to coordinate Native American attendance at a pending stakeholder meeting. This will include issuing a formal invitation to Native American representatives and conducting follow-up phone calls to confirm receipt and encourage attendance. It is assumed that this stakeholder meeting will be for the general public. It is also assumed that AECOM ethnographers may be asked to present on the Native American consultation efforts to date and summarize concerns received by the AECOM team from Tribal respondents. Costs associated with organizing the stakeholder meeting are not included in this task order. This optional task also assumes travel for two (2) AECOM Tribal Outreach Coordinators/ethnographers to attend the stakeholder meeting sometime in May 2013. Optional Task Anticipated Total Cost is Not To Exceed $6,656.50 SCHEDULE AECOM will follow the schedule proposed below. It is estimated that the scope of work outlined above will be completed within five (5) months of the task order authorization. For the purpose of this schedule and deliverables, it is assumed that the authorization will be signed in mid- March 2013 and Native American Coordination efforts will be complete in the month of May 2013. The key activities will include the following: ·Tuk . March . April' NAHC letter drafted, reviewed by City/State Parks, 15'"-31'1 and submitted to NAHC Tribal letters mailed and follow-up conducted 1 "-15'" Invitation for stakeholder meeting sent and follow-up 15'"-30'" conducted Invitation for targeted stakeholder meeting sent and follow-up conducted Coordination and facilitation of targeted stakeholder meeting Attendance at pending stakeholder meeting (optional) DELIVERABLES The following deliverables would be associated with the tasks outlined above: • Draft NAHC letter • Final NAHC letter • Tribal invitation to Focused Native American stakeholder meeting • Attendance/presentation at Focused Native American stakeholder meeting • Coordination and facilitation of Focused Native American stakeholder meeting o Agenda 4 May . 1"-101" TBD TBD o Minutes/action items o Presentation materials • Contact log documenting all letters, emails, and follow-up phone calls with Tribal representatives involving AECOM outreach staff • OPTIONAL: Tribal invitation to stakeholder meeting and if-needed follow-up calls. TRAVEL Travel for two (2) AECOM Tribal Outreach Coordinators/ethnographers to attend the targeted Native American stakeholder meeting sometime in May 2013. TOTAL BUDGET The total fee estimate for TD&FA No. 7 is $16.068.00. The total fee estimate for TD&FA No. 7, including the Optional Task, is $22.724.50. The task order would be billed on a time and materials basis at the task order level. If the proposed scope of work changes, additional funds may be required to complete the work described. Any potential changes to the scope or assumptions would be discussed with the City to determine appropriate action as soon as they are identified. Please see attached cost summary. RESUMES The resumes of Stephen Weidlich and Hillary Warren are attached. 5 "•rl•h•rl Rn1 t and Land I Project Task Order No. 7 I I I,. .. ...... ----- I by: AECOM '2013 Tas•1 ....... •••z ......... , ••• 3 ........ Up110nal JaSk Su':""rt th~ I i 1 of NAHC Contact Tribal Outreach !Focused Stakeholder Meeting Meeting (not included in Total) AECOM RatC Hours I Coats Hours Costs Hou111 : ~~ Hours : ~osts Hours Costs Prinapall ------$ 225.1 : ... 225.' ··~ $225. $675.1 Sr. Planner I $ 100.00 P360. 2: $18DQ( 6 &1 ,OOO.OC Planner Ill --------------------------115.00 6 ... 0090.()( 1c 261 J: ...... 11,84D DC 42 -----------------------------, ... -------Planner II 90.DD 41 ~xg~ ......... 32 48 84 ',56D. i '-----$2.\ooc GIS >oeaalist Ill 120.00 I .... . ------Grao hie Artist 1D' I 21 10.1 I $2DD.DC Tech nical Editor :I 95.DD 21 ~()( ... ~ I .... .DC $1~ 'OT LABQR $2,1 4~ $4, . 81 $! 60 145 I I I I Co~ Coat I Coat Cosl ·~ WoJ[~•· !Rental ·~~omoany 4x4 $1 ~ ··· · $iso.oo . r· $340.00 { $340. i .. 0340. .. .. . $150.00 .. o150.DC ,, $340.00 $490. 0565. $830.' IAECOM MARKUP ON I ... : ..... .10.% ... --------------·r ... $34.00 $49.' . .. ... $56. , ...... ~·~ OTAL PROJECT cos· I $374.00 I $538.' 0621 I I ~BOR~~T~E~ ... CT COSTS $2,1 .001 $5,178.001 I -------------.... ! ... -----. .. ------.. ----------------------------------- I : .. ! .. ----",-- I I Outreach TO Cost 2.25.13 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.6 PROJECT NO. 6031 TRAN828 ix 1 A>roject and Fee Allotment, is entered into on if~!!? , pursuant to an Agreement between AECOM Technical Se ices, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated September 21, 2012, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include environmental and land use consulting services as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred forty (240) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $39,720.49 City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL AND LAND USE CONSULTING SERVICES TASK GROUP NOT TO EXCEED FEE LWCF Section 6(1) Review and Analysis $39,720.49 TOTAL (Not-to-Exceed) $39,720.49 Executed by Contractor this#-day of __,.t2f,~/ZI,'-'""-""0Ce_""""v'-"""~-----'2012. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation a (.name .of Contractor) By: /M~ (sign here) 'Rt"Al,l) \V.Jr6ot1Vice President (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation ~e of Contractor) By: t:f'l1 '~ (sign here) .::9.WHII .,?t~/1_&/N~Assistant Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, ..municipal corporation of the State of California By d -i/J ~ Date: /o ) (;; · I z...---- Def· City M nager er Direetor APPROVED AS TO FORM: RONALD R. BALL, City Attorney BYOO-~ Assistant Cit}IAttfleY City Attorney Approved Version 5/12/11 2 A:COM TASK ORDER NO.6 INITIAL SCREENING AND COORDINATION WITH NPS UNDER SECTION 6(F) CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 SEPTEMBER 21, 2012 AECOM has been retained to provide environmental and land use consulting support for the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project) as the City moves forward into design and implementation. A critical step in the land exchange process is completing the required Land and Water Conservation Fund State Assistance Fund (LWCF) Section 6(f) process. Section 6(f) is a means of protecting recreational and wildlife conservation lands obtained in whole or in part through the use of funds from LWCF. Section 6(f) directs DOl to ensure that replacement lands of equal value, location, and usefulness are provided as conditions to such conversions. The conversion of lands purchased via the LWCF requires approval from the Department of Interior's (DOl) National Park Service (NPS). As part of this approval, compliance with the National Environmental Policy Act (NEPA) is required, potentially with the NPS acting as lead agency under NEPA prior to approval of the exchange. Under the scope for TD&FA No. 6, AECOM will support the City and the State Department of Parks and Recreation (DPR) and formally initiate coordination with NPS for the proposed conversion of Section 6(1) properties associated with the land exchange between DPR (South Carlsbad State Beach) and City of Carlsbad (City owned properties). As part of this formal coordination, AECOM will support preparation of the land exchange proposal package, described in greater detail below, for NPS submittal and review. Submittal of the package is anticipated to facilitate coordination regarding potential lead agency roles under NEPA, appropriate NEPA documentation and scope, Section 6(1) processing requirements, and will provide for continuation of key tasks to generate concurrence between the City and DPR. It is anticipated that this TD&FA will address the tasks below over a period of 6 months, approximately through the beginning of March 2013. Task 1: LWCF Section 6(f) Review The Carlsbad Boulevard Realignment Project will require conversion of lands within the South Carlsbad State Beach, a portion of which was acquired via LWCF funding. The procedures that this project will have to follow and by which NPS will review a requested conversion are spelled out in 36 Code of Federal Regulations (CFR) Part 59, and include the following steps to initiate the Section 6(f) approval process: • All practical alternatives to the proposed conversion will be evaluated; • The fair market value of the property to be converted will be established; • The replacement property will be of at least equal value and of reasonably equivalent usefulness and location to that being converted; 1 September 21. 2012 • The property proposed for substitution will meet the eligibility requirements for an LWCF- assisted acquisition; • In the case of assisted sites that are partially rather than wholly converted, the impact of the converted portion on the remainder will be considered. If such a conversion is approved, it is understood that the unconverted area is to remain recreationally viable or be replaced as well; • All environmental review requirements related to the proposed project will be met; and • If the proposed conversion and substitution constitute significant changes to the original LWCF project, the state intergovernmental clearinghouse review procedures will be adhered to. AECOM will build upon the early coordination and communications that have been initiated with DPR, as well as the State Parks Office of Grants and Local Services (OGALS). OGALS, as the NPS's early screening and clearinghouse agency plays a key role in the Section 6(f) conversion and land exchange process. Facilitating the continued coordination and active communication between the City, DPR, and OGALS will be one of AECOM's key services for this TD&FA. The prerequisites for conversion approval state that all necessary coordination with other federal agencies must be satisfactorily accomplished prior to approval. In addition, final review of the proposal shall not occur until the NPS Regional Office is assured that all environmental review requirements related to the project action have been met. State environmental compliance is under way with the City of Carlsbad serving as the lead agency under CEQA, including coordination with DPR. Federal environmental compliance with NEPA has yet to be initiated, and it is anticipated that NPS may serve as federal lead agency in that process. In order to initiate communication with NPS, a preliminary submittal for request of land conversion/exchange is required. As noted in the LWCF State Assistance Program Manual one of the first steps to the conversion process is completing "the Proposal Description/Environmental Screening Form (PD/ESF). The PD/ESF is designed for use as a tool during project seeping, planning, and proposal development to document environmental information and consider the LWCF proposal's possible environmental impacts ... " The manual also states that the "State should contact NPS for further guidance as soon as there is an indication that an EIS may be required." In addition, environmental evaluation of the conversion will require analysis of the impacts of conversion to the replacement property. Replacement property must be of similar function and recreation value. AECOM will work with the City and DPR to ensure that the proposed conversion and substitution are in accordance with this provision, as well as with the State Comprehensive Outdoor Recreation Plan (SCORP). The LWCF Section 6(f) Review and Analysis will discuss proposed improvements and how they will be implemented in alignment with the "Actions" of the SCORP. In order to convert Section 6(f) properties, including the potential conversion to non-recreational uses, the conversion must meet the prerequisites above and be submitted for approval by the appropriate NPS Regional Director in writing. The method of accomplishing this conversion and acceptability of the replacement property is through the formal submittal of a request for conversion, along with the PD/ESF to the OGALS, DPR State Liaison Officer. This will serve as part of the federal administrative record required by NEPA and its implementing regulations which support a NEPA pathway that must be completed before final action can be taken by the NPS. The ESF portion of the PD/ESF will 2 September21, 2012 administratively document 1) a Categorical Exclusion recommendation or 2) the necessity of further environmental review through either an Environmental Assessment (EA) or Environmental Impact Statement (EIS) as necessary. AECOM will prepare the PD/ESF submittal package for ultimate submittal to the OGALS, DPR State Liaison Officer. The LWCF Federal Financial Assistance Manual states that coordination with OGALS and NPS is then anticipated to discuss the appropriate level of NEPA documentation and lead agency determination. For the purposes of this scope, it is again anticipated that the NPS will serve as the NEPA lead agency, with the City of Carlsbad serving as the lead agency under CEQA. The specific role of DPR within the contex1 of CEQA is uncertain at this point. The preliminary submittal will initiate coordination with OGALS, which will lead to confirmation of the appropriate level of NEPA documentation, the scope of the NEPA analysis and approval process, and any other processing requirements for NPS (e.g., seeping notification/meetings). At this time it is anticipated that an EIS will be required for the project. This scope of work includes preparation of the initial PD/ESF submittal and initiation of coordination with OGALS following internal concurrence and agreement between the City and DPR. Future task orders are anticipated to complete NEPA documentation and to finalize the land conversion request package, which will include formal preparation of the Section 6{f) technical document, an integral component of the NEPA analysis, documentation and approval process. TD&FA No. 6 will begin with a kick-off meeting hosted by AECOM with the City and DPR. The team will review and discuss in greater detail items associated with the PD/ESF and future Section 6{f) review and analysis process, including the importance of early coordination between DPR, OGALS, and NPS to define the appropriate level of environmental documentation which must accompany the proposal submission to the NPS. A gap analysis regarding items needed to complete the environmental analysis for the PD/ESF and the proposed schedule to complete the task is included. Following the kick-off meeting, AECOM's project manager and integrated team of resource specialists, park planners, and engineers will facilitate the supporting elements and complete the Draft PD/ESF for submittal to the City and DPR for review and approval prior to submittal to OGALS. Comments from the City and DPR will be integrated into a PD/ESF package for submittal to DPR who will then submit to OGALS. It is anticipated that OGALS will then initiate communication with NPS regarding NEPA processing needs. DPR's assistance in facilitating coordination with both OGALS and NPS is anticipated. The table below identifies the components that make up the LWCF conversion package, as well as responsible parties and anticipated costs associated with completion of each one. 3 September 21, 2012 A: COM Package Component Component Description Responsible Party Fee Estimate Transmittal Letter Describing conversion State Parks (City, AECOM AECOM to assist City and State Parks in proposal and requesting NPS support) completing transmittal letter explaining the review and approval history of the 6(1) coordination effort/process for submittal to OGALS. (AECOM fee: $1,200.00) Resolution of the City of Approving the LWCF City of Carlsbad Cit~ of Carlsbad: $_10,000.00 Carlsbad Application (if applicable). AECOM to provide support to the City with preparing support documentation for the Resolution of the City of Carlsbad for the "approval of the application for the LWCF Grant-In-Aid program to provide matching funds for acquiring lands and developing facilities for public outdoor recreational purposes .. " (AECOM fee $3,200.00) AECOM will assist with preparation of the Staff Report,-assuming City Council action is required, which will include the following: • Executive summary • Project history • Supporting graphics • Coordination/meetings/concurrence with project team, City, DPR • Preparation/review/response to comments/document revision process (two cycles of review) • City Council Hearing Process- includes meetings with City staff and executive branch, and attendance at hearing, if requested Standard Form 424 for Shows proposed amendment State Parks State Parks: $_2. 000.00 amendments commitments/funding requested. AECOM to provide support in coordinating with -----·---,_ ·-,_ 4 September 21, 2012 Package Component Component Description Responsible Party Fee Estimate the City and DPR, meeting attendance, and completion of Form 424 for inclusion in the LWCF package. (AECOM fee: $1 ,000.00) Land Tenure Confirmation that the City owns City of Carlsbad Cit!!: of Carlsbad: $.2, 000.00 (AECOM support all land proposed as services not anticipated) replacement land. State Appraisal/Waiver Certifying that the appraisals City of Carlsbad/State Parks Cit'i. of Carlsbad/State Parks: $.15,000.00 Valuation Review Form meet the uniform appraisal (AECOM support services not anticipated) standards for federal land acquisitions. New Section 6(1)(3) Boundary Must include: City of Carlsbad/State AECOM to assist with GIS/ mapping Map • Identification as project Parks/AECOM coordination of the new Section 6(1) property "Section 6(1)(3) Boundary boundaries, as well as the identifying and Map" mapping the conversion and replacement • Signature and date by lands. (AECOM fee: $8,820.00) individual authorized in resolution • Project title • Date of preparation • Border of project area with measurements illustrating lands afforded Section 6(1)(3) protection • If applicable, outstanding rights/interest in area including easements, deed restrictions, reversionary interest, and right of way. • North arrow • Adjoining street names • Total acreage within the Section 6(1)(3) boundary map • Assessor parcel number(s) 5 September 21. 2012 Package Component Component Description Responsible Party Fee Estimate Proposal Description/ Proposal description with AECOM (City/State Parks AECOM to prepare a detailed proposal Environmental Screening discussion of need to convert support) description for the proposed conversion of 6(1) Form (PD/ESF) for a Project parkland, effort to consider properties associated with the land exchange Amendment alternatives, recreational uses, between DPR and the City. community and population served by park, replacement AECOM will prepare a project vicinity map, a site discussion, history of concept level site plan, and develop use/function of replacement photographs of the 6(1) properties. (AECOM land, discussion of reasonably Fee: $18, 500. 00) equivalent usefulness, timeframe for completing the new outdoor recreation area to replace the recreation opportunity lost. Also to include a Project Vicinity Map, Concept Level Site Plan, and Photos of the Project Site. Project Location Show specific geographic AECOM AECOM to draw upon already conducted Map/Directions location on a map, 9-digit zip mapping and graphic coordination and create code, and name of park the required map. (AECOM Fee: $1,500.00) proposed for conversion. LWCF project amendment Identifying changes to the City of Carlsbad/State AECOM will closely coordinate with the City form original Section 6(1)(3) Parks/AECOM and DPS, and will assist in identifying and boundary caused by the mapping the conversion and replacement lands conversion and to establish a that will be part of the Section 6(1) process. new 6(1) boundary around the replacement site. Clearly show AECOM will assist the City and DPS in portion being converted, and completing Form NPS 10-902A, AMENDMENT portion remaining intact under TO PROJECT AGREEMENT, as changes Section 6(1). identified to the original 6(1) boundary will establish a new 6(1) boundary around the replacement site, and require completion of an amendment to the original agreement between OGALS and DPR. (AECOM Fee: $2,000.00) Description and Notification Capturing information about AECOM AECOM to complete the DNF in coordination Form (DNF) LWCF grant amend menU with the City and State. (AECOM Fee: conversion request. $3,500 00) 6 September 21, 2012 Assumptions • AECOM will attend four (4) meetings (assumed to be 4 hours each). Project Team members including Jason Reynolds and Trina Abbott will be present. • The City and DPR will responsible for coordination, preparation and completion of the proposed 6(f) boundary map that will detail the areas proposed for conversion/land exchange. • The City and DPR, once the conversion/land exchange is agreed upon, shall be responsible for an appraisal with anticipated highest and best "economic" use of these properties proposed for conversion/land exchange defined. The appraisal shall be prepared according to Uniform Appraisal Standards of Federal Acquisitions (UASFLA) and include a valuation method for both the converted and replacement parcels. The appraisal/valuation method shall also consider the most likely zoning designation as part of the project condition. This is applicable if the actual zoning of the properties is recognized as non-economic uses, such as open space. • AECOM will prepare the draft PD/ESF and more general project maps; however, these materials will be supported by a draft cover letter to be prepared by DPR that will summarize the proposed conversion/land exchange as part of the submittal package to OGALS. • This task assumes one review of the Administrative Draft package by the City and DPR. Comments would be consolidated into one package and provided to AECOM at the same time for review and incorporation into the Draft LWCF package for submittal to OGALS by DPR. • While only a small portion of the Section 6(f) property would be converted, indirect impacts on the unconverted area will be evaluated in addition to the direct impacts on the converted area (as required by NPS). AECOM will keep a record of coordination and provide information in a table format showing the dates of coordination, the form of consultation, the participants involved, the general topics discussed, along action items and the responsible parties for completion. • This scope does not include the preparation of the NEPA document, Construction Documents, Specifications or Estimates. De/iverables Progress Deliverables (16 weeks from NTP) • Four copies of the Draft LWCF package will be provided (two (2) copies to the City and two (2) copies to DPR), as well as a PDF file of the document. Final Deliverables (24 weeks from NTP) • Four copies of the Final LWCF package will be provided (two (2) copies to the City and two (2) copies to DPR), as well as a PDF file of the document. Total cost anticipated for Task 1 is not to exceed $39,720.00. 7 September 21.2012 Task Order 6 Cost Estimate The estimate to complete the services described above in Task Order No. 6 are anticipated to total $39.720.00 given the assumptions incorporated above. The task order would be billed on a time and materials basis at the task order level, with a not to exceed amount of $39.720.00. If assumptions incorporated above change, additional funds may be required to complete the work described. Any potential changes to assumptions or scope would be discussed with the City to determine appropriate action as soon as they are identified. 8 September 21,2012 Task Order No.6 -Screening and Coordination with NPS under Section 6(1) Submitted by: AECOM September 13, 2012 LWCF Section 6(1) Review and Analysis 5-Jun-12 AECOM Rate Hours Costs Design and Planning Sr. Planner I $ 180.00 42 $7,560.00 Planner Ill $ 115.00 162 $18,630.00 Environmental Planner/Analyst IV $ 150.00 34 $5,100.00 GIS Specialist Ill $ 120.00 12 $1,440.00 GIS Specialist II $ 100.00 22 $2,200.00 CADD Specialist $ 65.00 8 $520.00 Graphic Artist $ 100.00 8 $800.00 Word Processor II $ 75.00 12 $900.00 Technical Editor $ 95.00 12 $1,140.00 Project Administration $ 75.00 6 $450.00 TOTAL AECOM LABOR 318 $38,740.00 Project Expenses Cost PROJECT EXPENSES COST $891.35 AECOM MARKUP ON EXPENSES 1 QO;Q $89.14 TOTAL PROJECT EXPENSES COST $980.49 j!TOTAL AECOM LABOR & OTHER DIRECT COSTS $39,720.491 ASSUMPTIONS: Carlsbad TD&FA 6 Draft Cost Total Hours Costs 42 $7,560.00 162 $18,630.00 34 $5,100.00 12 $1,440.00 22 $2,200.00 8 $520.00 8 $800.00 12 $900.00 12 $1,140.00 6 $450.00 318 $38,740.00 Cost $891.35 $89.14 $980.49 $39,720.4911 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.5 PROJECT NO. 6031 TRAN828 This and Fee Allotment, is entered into on -:-=:-::-:::-:-:-~=-r1¥.+.:-:--~~~~~~-~~____,· pursuant to an Agreement between H AL E VICES, INC., a California corporation, ("Contractor") and the City of Carls , ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated June 5, 2012, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include planning and conceptual design services as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty (260) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $142,732. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT PLANNING AND CONCEPTUAL DESIGN SERVICES TASK GROUP NOT TO EXCEED FEE Coordination to generate consensus on project alternatives $28,684 Conceptual Design -Corridor aesthetics and amenity layout $74,744 Project meetings and management $39,304 TOTAL (Not-to-Exceed) $142,732 Executed by Contractor this 22nd day of ----=J~u-=n-=-e _________ ,2012. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation b Contractor) By:CR~ (sign here) Ray Hrenko, Vice President (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) ·n c" i24 By: / l--, ~-\'4" l ~K .~ Y (sign here) ~~liam E. Garr9tt, Assistant S9cretary (print name/title) Robyn L. Miller, Corporate Secretary If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ~{t;o;6;; Date: /-;)._·(J._ 'Affi. City Manager Gf DireetC1f ----------- APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version 5/12/11 2 A: COM TASK ORDER NO. 5 CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 JUNE 5, 2012 AECOM has been retained to provide environmental and land use consulting support for the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project) as the City moves forward into design and implementation. A critical step in project design is completing preliminary alternative development to identify and refine a range of preliminary reasonable alternatives that can be presented to the public for input. Four separate TD&FAs have been authorized that have, or are in the process of, producing a baseline environmental assessment and opportunities/constraints report, preliminary identification of potential project amenities and placement along the corridor, communication plan development, preliminary agency coordination, and fairy shrimp protocol level surveys. TD&FA No. 5 would provide for continuation of key tasks for the project to generate concurrence between the City and State, and further the development of project design alternatives for public input. It is anticipated that this TD&FA will address the tasks below over a period of 6 months, approximately through the beginning of November 2012. Task 1: City and Agency Coordination to Generate Consensus on Project Alternatives This task will provide for coordination both with external City staff and resource and potential NEPA lead agencies (potentially including State Parks, CA Coastal Commission, USFWS, USACE, Department of the Interior). A series of meetings with City and State Parks staff to conduct workshops with the Team, City Transportation and Planning Staff, City and State Staff, and City Managerial Staff, is envisioned as part of this scope (4 workshops, attended by 2 people). In addition, a meeting to discuss the CEQA approach and process requirements is also anticipated (1 meeting, attended by 2 AECOM staff). This task relies on the responsiveness of agency staff and is difficult to define within a specific scope. However, based on the project coordination history as well as the multiple agencies involved, 80 hours of additional time is included for coordination with the City and various agency staff. Total cost anticipated for Task 1 is not to exceed $28,684. Task 2: Conceptual Design -Corridor Aesthetics and Amenity Layout We envision this taskas an important continuation of the conceptual alternatives development task authorized under TD&FA No.4, Task 1 begun in January. Under TD&FA No. 5, a total of two (2) viable project design alternatives will be developed to support on-going discussions with City and Agency staff, and public at-large. The alternatives will incorporate the public amenities 1 June5, 2012 and design aesthetics identified previously in workshop meetings with the City, RBF and AECOM, and as illustrated by the Conceptual Opportunities Diagram and Conceptual Precedent Study. Task 2 will begin with an internal design and coordination Task Kick-off meeting hosted by AECOM with RBF and the City. The Project Design Team will review and discuss in greater detail items including intersection and roadway alignments; parking and general vehicular connectivity strategies; and the typical roadway sections and aesthetic qualities of various roadway elements. Following the Kick-off meeting, AECOM's integrated team of designers and resource specialists will develop two (2) Preliminary Conceptual Design Alternatives (one ( 1) representing a 2-lane configuration; one (1) representing a 4-lane configuration) that build upon the initial project visioning and maximize experiential quality throughout the corridor. These alternatives will illustrate the conceptual layout and materials treatments of overlooks, trails, plazas, and the spaces that unite them. Approximately 8 weeks after receiving Notice to Proceed, AECOM will present these conceptual designs at a Preliminary Alternatives Review Workshop with RBF and the City. Comments from the City, feedback provided at the collaborative review meeting, and the results of an internal inter-discipline review with AECOM Resource Specialists will be integrated, and plan refinements will be made, resulting in two (2) Final Conceptual Design Alternatives. The Final Conceptual Design Alternatives will consist of two (2) color-rendered corridor master plans (with materials legends) illustrating the final conceptual locations of selected corridor amenities, layout of hardscape materials, and conceptual plant massings. Plans will be prepared at 1 "=1 00' scale, and delivered as singular roll-plots. In addition to plans, total of four (4) color-rendered plan enlargements per alternative will be prepared to illustrate the Featured Nodes in greater detail. Similarly, to provide a sense of the proposed spatial arrangement and conceptual grading at these nodes, four ( 4) color-rendered cross-sections will accompany the plan enlargements. Enlargements, Illustrative Sections, and the Conceptual Materials Image Board will be prepared at 1"=30' scale, and delivered as 24"x36" boards. AECOM anticipates completing the Final Conceptual Design Alternatives Task approximately 16 weeks after receiving Notice to Proceed. Assumptions • AECOM will attend four (4) meetings (assumed to be 4 hours each). Project Team members including Garrett Avery, Dick Rol, Cindy Kinkade, and Jason Reynolds will be present. It is also assumed that a maximum of three (3) additional meetings will be attended by AECOM staff Garrett Avery and Dick Rot (4 hours each) on an as-needed basis for design coordination between the City, State, and State's design consultant Spurlock-Poirier. • It is anticipated that this Task will be a continuous work effort, and not segmented into subtasks. 2 June 5, 2012 • The Conceptual Design Alternatives will be developed to represent the conceptual vision and program elements, public amenities, and design aesthetics established by the preceding deliverables: Conceptual Opportunities Diagram and Conceptual Precedents Study. Design characteristics will vary between alternatives to support the exploration and identification of two (2) final conceptual design alternatives. • This scope does not include the preparation of landscape architectural Construction Documents, Specifications or Estimates. • This scope does not include the preparation of mass grading, facilities, or roadway layout plans. Deliverables Progress Deliverables (8 weeks from NTP) • Two (2) hand-rendered Conceptual Design Alternatives will be prepared (one (1) per Roadway Design Alternative) at 1"=100' scale, delivered as singular roll-plots. Final Deliverables (16 weeks from NTP) • Two (2) color-rendered Final Conceptual Design Alternatives (one (1) per Roadway Design Alternative) at 1"=100' scale, delivered as singular roll-plots. • Eight (8) color-rendered detailed plan blowups of Featured Nodes (four (4) per Conceptual Design Alternative) at 1"=30' scale, delivered as 24"x36" boards. • Eight (8) Illustrative Sections through Featured Nodes (four (4) per Conceptual Design Alternative) at 1"=30' scale, delivered as 24"x36" boards. • One (1) Materials Image Board delivered as 24"x36" board. Optional Additional Deliverables (additional schedule and budget required) • 3D Modeling and Animation of Concept Alternatives • 2D Concept Simulations at Featured Nodes • Additional Illustrative Sections and/or Perspective Drawings • Design and/or Public Outreach Process Diagrams Total cost anticipated for Task 2 is not to exceed $74,744. 3 June 5, 2012 . ' Task 3: Project Meetings and Management This task is intended to allow for and project team meetings, time for attendance at regularly scheduled team meetings with City staff, and internal management regarding invoice preparation, file management, and strategic identification of future project tasks. Time for attendance at regularly scheduled team meetings with City Staff is critical to the success of the project. The objective of the meetings included in this task will be to further concept development of project alternatives in anticipation of preliminary public involvement, and to ensure City staff from all of the involved departments are fully engaged and informed. Team meetings will be held as part of this task to support the project through alternatives development and ensure communication between technical specialists to anticipate potential issues and tasks and minimize project delays. Regularly scheduled team meetings and calls with RBF are anticipated to provide a forum for information sharing and efficient discussion regarding project approach, concept designs, engineering validity, and next steps. It is anticipated that this task will continue through the concept development phase and up to but not including the initiation the environmental process. This task will also address AECOM project management activities, such as contract administration, client coordination, tracking interim and major milestones, and file management. This task is a continuation of the effort included in TD&FA No. 4, Task 2, which was anticipated to cover management costs through April 2012. This task will cover anticipated management needs through November 2012. Assumptions • Monthly meetings through November 2012 are anticipated with the City (total of 6 meetings, assumed to be attended by 2 people). • An additional 3 meetings with the City and the consultant team are anticipated to address additional coordination and/or documentation requirements. Deliverables • Invoices and Contract Tracking Spreadsheet Total cost anticipated for task 3 is not to exceed $39,304. Task Order 5 Cost Estimate The estimate to complete the services described above in Task Order No. 5 are anticipated to total $142,732 given the assumptions incorporated above. The task order would be billed on a time and materials basis at the task order level, with a not to exceed amount of $142,732. If assumptions incorporated above change, additional funds may be required to complete the work described. Any potential changes to assumptions or scope would be discussed with the City to determine appropriate action as soon as they are identified. 4 June 5, 2012 . ' For AECOM Internal Use Only, for client use have Accounting review. Task Order No. 5 ·Conceptual Design Alternatives S b 'tt d b AECOM u m1 e oy: Junes, 2012 Agency Coordination Concept Design 5·Jun·12 AECOM Rate Hours Costs Hours Costs Design and Planning Sr. Planner I $ 180.00 50 $9,000.00 16 $2,880.00 Planner Ill $ 115.00 0 $0.00 0 $0.00 Environmental Planner/Analyst IV $ 150.00 100 $15,000.00 24 $3,600.00 Environmental Planner/Analyst Ill $ 125.00 0 $0.00 0 $0.00 Senior Biologist I $ 145.00 6 $870.00 0 $0.00 Biologist Ill $ 110.00 0 $0.00 0 $0.00 Senior Landscape Architect $ 160.00 0 $0.00 90 $14,400.00 Landscape Designer II $ 100.00 0 $0.00 2'15 $21,500.00 Landscape Designer 1 $ 75.00 0 $0.00 280 $21,000.00 GIS Specialist Ill $ 120.00 6 $720.00 0 $0.00 GIS Specialist II $ 100.00 16 $1,600.00 0 $0.00 CADD Specialist $ 65.00 0 $0.00 80 $5,200.00 Graphic Artist ~ 100.00 6 $600.00 0 $0.00 Pro·ect Administration 75.00 0 $0.00 0 $0.00 TOTAL AECOM LABOR 184 $27,790.00 705 $68,580.00 Project Expenses Cost Cost PROJECT EXPENSES COST $812.75 $5 603.75 AECOM MARKUP ON EXPENSES 10% $81.28 $560,38 TOTAL PROJECT EXPENSES COST $894.03 $6164.13 BOR & OTHER DIRECT COSTS $28 684.03 $74 744.13 Carlsbad TD&FA 5 Draft Cost_revGA_20120604 Project Mtgs & Management Total Hours Costs Hours Costs 69 $12,420.00 135 $24,300.00 '12 $1,380.00 12 $1,380.00 112 $16,800.00 236 $35,400.00 24 $3,000.00 24 $3,000.00 6 $870.00 12 $1,740.00 8 $880.00 8 $880.00 $0.00 90 $14,400.00 8 $800.00 223 $22,300.00 0 $0.00 280 $21,000.00 0 $0.00 6 $720.00 6 $600.00 22 $2,200.00 0 $0.00 80 $5,200.00 8 $800.00 14 $1,400.00 18 $1,350.00 18 $1,350.00 271 $38,900.00 1,160 $135 270.00 Cost Cost $367.20 $6,783.70 $36.72 $678.37 $403.92 $7 462.07 $39 303.92 $142 732.07 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 6031 TRAN828 This fo~h Project Task Description and Fee Allotment, is entered into on ~~ ~ d 12/h , pursuant to an Agreement between AECOM TECHNICALRVICES, INC., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 16, 2012, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include planning and conceptual design services as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty (260) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $29,153.69. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT PLANNING AND CONCEPTUAL DESIGN SERVICES tASK.GROUP ment $15,560.30 $13,593.39 TOTAL (Not-to-Exceed) $29,153.69 Executed by Contractor this ___ day of ____________ ,2012. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation By: iJktractor) (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation By: William E. Garrett, Assistant Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: __ 3_;{t....,_e_· .~-A..::....J=v~---- APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY JJ£L(l;~ City Attorney Approved Version 5/12/11 2 -----------------------------------------------------------. Appendix "A" A: COM TASK ORDER NO.4 CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 FEBRUARY 16,2012 AECOM has been retained to provide environmental and land use consulting support for the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project) as the City moves forward into design and implementation. A critical step in project design is alternatives concept development. The baseline environmental assessment and opportunities/constraints task (TD&FA No. 1) was the first step that evaluated a number of constraints and opportunities along the project corridor. Task Order No. 4 (TD&FA No. 4) would continue that effort by providing coordination between RBF, AECOM, and the City of Carlsbad to further define potential project amenities and placement along the corridor. In addition, this task order would augment the project management effort identified in task 4 of Task Order No.1, which identified specific project management assumptions and costs. The budget of task 4 has presently been met due to the number of meetings held for the project and the intensive team coordination required to date. This task order would augment that project management effort as the project continues with conceptual design. Task 1: Conceptual Alternatives Development We envision this task as an important continuation of the conceptual development process begun in January. Under task 1, AECOM will collaboratively advance the conceptual corridor design by building upon the January 2012 Conceptual Opportunities Diagram. This effort will include coordination with the City of Carlsbad and RBF. AECOM will develop a mapping layer that RBF can integrate into their preliminary engineering concept plans. That layer will associate three (3) real-world project examples to each of the conceptual opportunity areas identified by the previous deliverable and during the workshop meeting between RBF and AECOM held under this task. AECOM will build from the previously prepared concept information and graphic language in order to maximize continuity in the mapping effort. AECOM will refine the previously prepared data layer to establish a clear association between the technical details and project imagery of chosen precedent projects and the opportunity areas identified in the previous deliverable. This layer will be formatted to be integrated with existing RBF mapping. This approach will allow the project team to engage in active evaluation, while applying a proven method of facilitating discussion regarding the desired form and function of potential amenities, corridor aesthetics, and overall conceptual project goals. The results from these collaborative efforts may serve as the basis for future corridor design, programming and layout efforts. 1 February 16,2012 Deliverables • Digital data transferred to RBF for incorporation into the preliminary conceptual engineering maps. Assumptions • Two meetings (assumed to be 4 hours each} will be attended by AECOM staff; including Garrett Avery, Dick Rol, Cindy Kinkade, and Jason Reynolds (assume attendance at one meeting). One meeting will be held between RBF and AECOM, and one meeting will involve a working session with RBF, AECOM, and the City. • AECOM will provide the City and RBF with a list of preferred precedent projects, as imagery, for discussion during the collaborative working session. The City will select the final preferred precedent projects for incorporation into the final deliverable. • The Conceptual Precedent Study will consider the conceptual layout plans provided by California State Parks to maximize opportunities where appropriate/feasible. • The scope of work does not include conceptual site or aesthetics design. • This scope of work does not include detailed layout, grading, or selection of construction materials. • RBF will be responsible for final map production and integration. Total cost anticipated for Task 1 is not to exceed $15,560.30 Task 2: Project Management and Meetings This task will address AECOM project management activities, such as contract administration, client and team coordination, attendance at client and team me.etings, tracking interim and major milestones, and file management. The objective of meetings included in this task will be to assist in the concept development of the project as it moves forward. This task is anticipated to cover management costs through April 2012. If additional tasks are identified that require unanticipated efforts, additional budget may be required to augment project management task completion. Deliverables • Meeting agendas and minutes (electronic submittals) Assumptions • Monthly meetings through April2012 are anticipated with the City (total of 3 meetings). • An additional 3 meetings with the City and/or team a.re anticipated to address additional coordination and/or documentation requirements. Total cost anticipated for task 2 is not to exceed $13,593.39. 2 February 16,2012 Task Order 4 Cost Estimate The estimate to complete the services described above in tasks 1 and 2 of Task Order No. 4 are anticipated to total $29,153.69 given the assumptions incorporated above. The task order would be billed on a time and materials basis at the task order level, with a not to exceed amount of $29,153.69. If assumptions incorporated above change, additional funds may be required to complete the work described. Any potential changes to assumptions or scope would be discussed with the City to determine appropriate action as soon as they are identified. 3 Februruy 16,2012 For AECOM Internal Use Only, for client use have Accounting review. Task Order No. 4-Alternatives Concept Development Submitted by: AECOM February 16, 2012 Alternatives Concept Project Management 12-Jan-11 AECOM Rate Hours Costs Hours Costs Design and Planning Principal $ 225.00 6 $1,350.00 0 $0.00 Sr. Planner I $ 180.00 20 $3,600.00 6 $1,080.00 Environmental Planner/Analyst IV $ 150.00 12 $1,800.00 60 $9,000.00 Environmental Planner/Analyst Ill $ 125.00 0 $0.00 18 $2,250.00 Landscape Designer II $ 100.00 72 $7,200.00 0 $0.00 Graphic Artist $ 100.00 12 $1,200.00 0 $0.00 Project Administration $ 75.00 0 $0.00 9 $675.00 TOTALAECOM LABOR 122 $15,150.00 93 $13,005.00 !!PROJECT EXPENSES COST I $373.00 $534.90 lrr~COM MARKUP ON EXPENSES 10% I $37.30 $53.49 OTAL PROJECT EXPENSES COST $410.30 $588.39 liTO TAL AECOM LABOR & OTHER DIRECT COSTS $15,560.301 $13,593.391 ASSUMPTIONS: Draft cost_2_16_12 Total Hours Costs 6 $1,350.0( 26 $4,680.0( 72 $10,800.00 18 $2,250.00 72 $7,200.00 12 $1,200.00 9 $675.00 215 $28,155.00 $907.90 $90.79 $998.69 $29,153.6911 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 6031 TRAN828 This t}1ird Project Task Description and Fee Allotment, is entered into on febrv~ ~If-. ~o I~ , pursuant to an Agreement between AECOM Teclical SerVices, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 13, 2011, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include preparation of a Community Involvement and Outreach Plan as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty (260) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $48,732.95. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT COMMUNITY INVOLVEMENT AND OUTREACH PLAN CONSULTING SERVICES · ... ·· TASKGROUP ,,,",: . '~cf4i$lj1:Jl$:jE;~CEED FEE '·.: .. Community Involvement and Outreach Plan $38,732.95 Additional, as-needed Coordination $10,000.00 TOTAL (Not-to-Exceed) -$48,732.95 Executed by Contractor this 02.q..-fn day of -----=-n-=~:::s..an~U=::...a..=0/-=~------'2012. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation ~ntractor) By: [SI~ ~'( ~~Ko (sign here) -Eric VVilsofl?,Vice President (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation By: William E. Garrett, Assistant Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By~~ Def. C1t anager Date: __ c:J_~..:...;;._3...,.._-_1~ ___ _ APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version 5/12/11 2 Appendix "A" A: COM TASK ORDER NO. 3 CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 DECEMBER 13, 2011 Task 1: Community Involvement and Outreach Plan AECOM will prepare a Community Involvement and Outreach Plan {Plan), which will establish a working strategy for productively informing and involving stakeholders and community members during the entire course of the Carlsbad Boulevard Realignment project. More specifically, the strategy will synchronize public involvement and outreach opportunities with specific phases of the design, land exchange,land planning, and environmental review processes. The Plan will be written as a working document, with the expectation that the involvement and outreach programs will be fine tuned as the project progresses and new information becomes available. Our budget anticipates a collaborative process with City staff for preparation of the Plan, including iteratively working through a Plan outline and the draft Plan. An important component of the Plan will be a comprehensive stakeholder assessment. In this assessment, we will identify all organizations and agencies with a potential interest or concern, or who will be potentially affected by project impacts. The assessment will also address the optimal programs for connecting with individual stakeholders. Special care will be given to assessing stakeholders uniquely related to the State Parks project component, and State Parks visitor demographic data will be reviewed to ascertain any unique communication needs. While the Plan outline will be prepared in conjunction with City staff, we anticipate that the Plan will contain the following building blocks: • Overall purpose and goals for the Plan • Stakeholder assessment (as described above) • Strategy description, including public involvement and outreach objectives for each phase of the project, process flow chart, and how/when to involve stakeholders • For each phase, description of public involvement and outreach programs • Specific public seeping and involvement requirements per the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA) • Process for updating the Plan • Issue summaries and messages attached in appendices (to be provided by City) For Task 1, coordination with State Parks will consist of one combined meeting with State Parks staff and City staff. This meeting will occur when AECOM is preparing the Plan outline. This 1 meeting will include discussion about anticipated State Parks stakeholders and State Parks public involvement and outreach goals and requirements related to the project. Input from State Parks will be incorporated in the Plan outline and Plan document as determined appropriate by City staff. Our scope of work does not include distributing the draft Plan document to State Parks for review and comment. Task 1 includes preparation of the Plan itself. Responsibility for implementation of Plan components will be determined after completion. It is anticipated that future task orders will address specific elements for support during implementation of the Plan. Deliverables • Meetings with City staff (3) • Meeting with City staff and State Parks (1) • Draft and Revised outline for the Community Involvement and Outreach Plan • Draftand Final Community Involvement and Outreach Plan Total cost anticipated for Task 1 is not to exceed $38,732.95. Task 2: Additional As-Needed Coordination Meetings and Tasks When directed by the City, AECOM will participate in meetings and conference calls related to formulation of the Community Involvement and Outreach Plan, and participate in related coordination activities. The scope of the task is understood to be flexible and will be charged on a time and materials basis. Deliverables • Meeting participation, as directed by the City of Carlsbad • Follow-up task completion, as directed by the City of Carlsbad Total cost anticipated for Task 2 is not to exceed $10,000. Assumptions • , Reproduction and distribution of products and documents are assumed to be completed by the City of Carlsbad. • Rounds of document reviews by City staff and revisions by AECOM are defined by the listing of Deliverables above. AECOM's scope and budget are based on "Draft" documents only being subject to a single round of review/revisions. Deliverables specified as "Revised" and "Final" are assumed to not be subject to any rounds of review/revisions. • One consolidated set of review comments will be provided on each draft submittal by the City of Carlsbad. 2 • All works submitted to and accepted by the City must be an original piece written by the contractor. • All works submitted by the contractor must be in standard U.S. English. • All works must be submitted in Microsoft Word format and include a headline pertaining to the work in bold. The work should appear in non-bolded Calibri, 12 point font. • All works must be written in the City writing style (see Writing Style Guidelines/AP style format). • Contractor's submissions to the City may not contain profanity, erotica, or pornography and/or the contractor's personal racial, political, or religious views. • The City reserves the right to use all submitted works in current publications and/or future publications in any form of current media and/or media to be developed. Task Order No. 3 Cost Estimate The estimate to complete the services described above in Tasks 1 and 2 of Task Order No. 3 are anticipated to total $48,732.95, based on specified assumptions. The Task Order will be billed on a time and materials basis at the task order level, with a not to exceed amount of $48,732.95. If the specified assumptions change, additional funds may be required to complete the work. Any potential changes to assumptions or scope would be discussed with the City to determine appropriate action as soon as they are identified. 3 ,--------------"----- Carlsbad Boulevard Realignment and Land Exchange Project· Task Order 3: Communication F S b 'tt d b AECOM u m1 e )y: December 13,2011 Suffix 01 Total Community Involvement Plan AECOM Rate Hours Costs Hours Costs Design and Planning Principal $ 225.00 44 $9,900.00 44 $9,900.00 Sr. Planner I $ 180.00 4 $720.00 4 $720.00 Planner Ill $ 115.00 80 $9,200.00 80 $9,200.00 Environmental Planner/Analyst IV $ 150.00 30 $4,500.00 30 $4,500.00 Environmental Planner/Analyst Ill $ 125.00 80 $10,000.00 80 $10,000.00 Word Processor II $ 75.00 8 $600.00 8 $600.00 Technical Editor $ 95.00 8 $760.00 8 $760.00 RBF Senior Planner $ 163.00 16 $2,608.00 16 $2,608.00 TOTAL AECOM LABOR 270 $38,288.00 270 $38,288.00 Project Expenses Cost Cost PROJECT EXPENSES COST $404.50 $404.50 ;t..ECOM MARKUP ON EXPENSES 10% $40.45 $40.45 TOTAL PROJECT EXPENSES COST $444.95 $444.95 ltfOTAL AECOM LABOR & OTHER DIRECT COSTS $38,732.951 $38,732.9511 Carlsbad Blvd Task Order 3_Dec_13_11.xlsx PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 6031 TRAN828 This second Project Task Description and Fee Allotment, is entered into on Decemb ey=: /6 .;to f I , pursuant to an Agreement between AECOM TECHNICAL sffiVICES, INC., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 28, 2011, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated November 18, 2011, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include a botanical survey and focused wet season surveys for listed branchipod species and a memo summarizing the results of surveys as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty (260) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $30,433.63. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL AND LAND USE CONSULTING SERVICES TASK GROUP NOT TO EXCEED FEE Field Surveys $19,117.63 Botanical Memo, Lab ID and 90-day Report $11,316.00 TOTAL (Not-to-Exceed) $30,433.63 Executed by Contractor this Co day of __ D.o........;e:=c.... _________ , 2011. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation By: mr:;ontractor) (sign here) ~'( ~?NKO (print name/title) By: William E. (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. ARLSBAD, a municipal corporation of the State of California Date:_/ J_-_J_S"_~ /_1 __ _ APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version 5/12/11 2 APPENDIX 11 A11 AS' COM TASK ORDER NO. 2 CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 NOVEMBER 18, 2011 AECOM has been retained to provide environmental support for the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project) as the City moves forward into design and implementation. One of the properties identified for potential exchange is the approximately 20-acre Manzano property (property), located at the intersection of Palomar Airport Road and Carlsbad Boulevard. This property is known to have vernal pools with the endangered San Diego fairy shrimp (Branchinecta sandiegonensis) present, as identified in a report prepared by LSA in 2010. Surveys conducted for that report included a single year of site visits and do not necessarily represent a protocol level dataset. Task Order No. 2 would augment that existing dataset by conducting a second year of site surveys, documenting results, and provide a protocol level dataset to be used for coordination with natural resource agencies during preliminary project planning. General Assumptions • Any existing documentation of the project study area regarding vegetation, vernal pool, and fairy shrimp surveys will be provided to AECOM, including GIS shape files of vernal pools known for the property. • Unless otherwise specified, all submittals of deliverables are anticipated to be in electronic format, with draft submittals in both PDF and Word document format, and final submittals in PDF. Reproduction and distribution of products and documents are assumed to be completed by the City of Carlsbad. • One set of review comments will be provided on each submittal by the City of Carlsbad and State Parks. Task 1: Field Surveys AECOM will conduct a botanical survey and focused wet season surveys for listed branchipod species. The botanical survey will be conducted by AECOM vernal pool ecologist Scott McMillan to document a floral inventory for all vernal pools within the property. This survey will be conducted at an appropriate time during the wet season when vernal pool plants are easily identifiable. It is assumed this botanical survey will be completed in one day, thus one person day is assumed. Wet season sampling for fairy shrimp will follow the current vernal pool branchiopod survey protocol published by U.S. Fish and Wildlife Service (USFWS) (USFWS 1996). Surveys will be November 18,2011 conducted by an AECOM biologist with a USFWS 1 Oa permit to survey for listed branchiopod species. Based on the previous LSA 2010 report, it is assumed that up to 12 vernal pools within the property will require fairy shrimp surveys. Depending on rainfall patterns, additional pools within the property may be discovered during the course of wet season surveys. Additionally, a 1 00-foot buffer around the property will be assessed for the presence of additional basins that may require surveys. For purposes of this scope, it is assumed no more than 25 pools will require surveys for the property. It will take two biologists one day to complete one survey. The USFWS protocol requires that each vernal pool within a survey area must be surveyed initially upon 2 weeks of inundation at a water depth of 3 em or greater, and must be surveyed every 10 to 14 days after the first survey until a listed species is found or until a pool has reached 120 days of consistent inundation. If a pool dries during this period and re-fills after a rain event, surveys must be reinitiated within 8 days of inundation at a water depth of 3 em or greater. The number of surveys that are required according to USFWS protocol is solely based on weather conditions, which are unpredictable and vary from year to year within San Diego County. Based on average weather conditions for San Diego County, it is assumed that up to 10 surveys will be required to meet protocol requirements, thus a total of 20 8-hour person days is assumed to complete 10 surveys. During surveys, AECOM will collect all data required by protocol electronically on hand held devices to eliminate data entry time post field processing for efficiency in report preparation, as described in Task 2. Per protocol requirements, fairy shrimp voucher specimens will be collected during surveys for lab identification as described in Task 2. After each rain event, rainfall amounts will be assessed online using the National Oceanic and Atmospheric Association website (http://www.noaa.gov). If rainfall levels for the property are recorded as one inch or greater, one AECOM biologist will conduct a half-day reconnaissance survey to assess if pools have fulfilled the proper inundation criteria necessary to initiate protocol-level fairy shrimp surveys. Based on average weather conditions, it is assumed four rain events will occur during the wet season, thus four half-day surveys are included in this scope of work. This scope of work therefore assumes a total of 23 person days, including a one day botanical survey, 20 person days of fairy shrimp surveys (1 0 surveys for two biologists), and 2 days of reconnaissance surveys (4 half-day surveys). Assumptions • No more than 25 pools will be surveyed (assuming at least 12 pools within the property, with a potential for an additional 13 new pools that may be found within the property and buffer). If additional pools are found, AECOM will assess the need to add additional scope and cost in coordination with the City. • The botanical survey will take 1 day for 1 AECOM biologist. • A total of 10 surveys for two biologists (20 total person days) are assumed to be necessary to satisfy protocol requirements. If additional surveys are determined necessary based on weather conditions, AECOM will assess the need to add additional scope and cost in coordination with the City. 2 November 18,2011 • A total of four rain events with a rainfall total of 1-inch are assumed for the 2011/2012 wet season. A total of four half-day reconnaissance surveys will be conducted after the four rain events by one AECOM biologist. Total cost anticipated for task 1 is not to exceed $19,117.63. Task 2: Botanical Memo, Lab Identification, and 90-day Report A brief memo summarizing results of the botanical surveys will be submitted to the City. This memo will include the date and time of the botanical survey, and a list of all vernal pool plant species detected. All fairy shrimp specimens collected during field surveys will be analyzed using dissecting scopes in the AECOM lab after each survey. Results of lab identification will be entered in a database of fairy shrimp occupancy to determine all pools with a listed species detected. Per protocol requirements, surveys will be determined complete for any pool with a listed species detected, and survey maps will be updated to remove these pools from surveys, prior to the next survey. At the end of all surveys, the database of shrimp occupancy will be summarized in the summary report described in the following text. It is assumed lab identification will require 4 hours per survey, thus a total of 40 hours for lab identification is included in this scope of work. Per AECOM USFWS 1 Oa permit requirements and the USFWS listed branchiopod protocol requirements, a survey summary report will be prepared and submitted to the USFWS within 90 days of completion of the wet season survey requirements (e.g., "90-day" Report). Prior to submitting to USFWS, a draft submittal will be sent to the City of Carlsbad and State Parks for review. If no comments are received on the draft, a final submittal will be sent to USFWS within 2 weeks of submitting the draft. Deliverables • Vernal Pool Botanical Inventory Report • Draft and Final 90-day Report Assumptions • No meetings or additional coordination with the USFWS will be required as part of the submittal of the 90-day report. Total cost anticipated for task 2 is not to exceed $11,316.10. Task Order 2 Cost Estimate The estimate to complete the services described above in tasks 1 through 2 of Task Order No.2 are anticipated to total $30,433.63 given the assumptions incorporated above. The task order would be billed on a time and materials basis at the task order level, with a not to exceed 3 November 18,2011 amount of $30,433.63. If assumptions incorporated above change, additional funds may be required to complete the work described. Any potential changes to assumptions or scope would be discussed with the City to determine appropriate action as soon as they are identified. 4 November 18,2011 Carlsbad Boulevard Realignment and Land Exchange Project· DRAFT Task Order 2: Fairy Shrimp Surveys Submitted by: AECOM November 18,2011 Task 1 Task2 12-Jan-11 Field Surveys Lab ID, 90-Day Report AECOM Rate Hours Costs Hours Costs Hours Design and Planning Senior Biologist II $ 170.00 0 $0.00 0 $0.00 Senior Biologist I $ 145.00 10 $1,450.00 2 $290.00 Biologist Ill $ 110.00 0 $0.00 0 $0.00 Biologist II $ 90.00 0 $0.00 0 $0.00 Biologist I $ 80.00 176 $14,080.00 100 $8,000.00 GIS Specialist Ill $ 120.00 0 $0.00 0 $0.00 GIS Specialist II $ 100.00 0 $0.00 0 $0.00 GIS Specialist I $ 80.00 12 $960.00 20 $1,600.00 Graphic Artist $ 100.00 0 $0.00 0 $0.00 Intern $ 50.00 0 $0.00 0 $0.00 jword Processor II $ 75.00 0 $0.00 8 $600.00 Word Processor I $ 60.00 0 $0.00 0 $0.00 Technical Editor $ 95.00 0 $0.00 8 $760.00 TOTAL AECOM LABOR 198 $16,490.00 138 $11,250.00 PROJECT EXPENSES COST $2,388.75 $60.00 AECOM MARKUP ON EXPENSES 10% $238.88 $6.00 TOTAL PROJECT EXPENSES COST $2,627.63 $66.00 j[OT AL AECOM LABOR & OTHER DIRECT COSTS $19,117.631 $11 ,316.00l ASSUMPTIONS: AECOM Draft T02_2011 Fairy Shrimp Surveys Total Costs 0 $0.00 12 $1,740.00 0 $0.00 0 $0.00 276 $22,080.00 0 $0.00 0 $0.00 32 $2,560.00 0 $0.00 0 $0.0( 8 $600.0( 0 $0.0( 8 $760.0( 336 $27,740.0( $2,448.75 $244.88 $2,693.63 $30,433.6WI PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6031 TR:AN828 This Description and Fee Allotment, is entered into on ""':'""-:=,-::-:""""'~~'-'<L,~OL..~~.o!:-::-:&::==-.J<lf~~~'/::--:-:-::----:' pursuant to an Agreement between AECO T CHNICAL SERVICES, INC., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated >tJ.., a h.a=4 h ,..) c)) f '...) Q I I , (the "Agreement"), the terms of which are incorp{rated7herein by this reference~ 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental and land use consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated August 17, 2011, ("proposal"), attached as Appendix "A" for the Carlsbad Boulevard Realignment and Land Exchange Project, (the "Project"). The Project services shall include project coordination and outreach, and preliminary environmental studies and analysis necessary for planning and design purposes as generally outlined in the attached Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within twenty (20) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred sixty (360) calendar days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $90,966.34. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL AND LAND USE CONSULTING SERVICES 't~$5K'GROUP ' ', Nfi'rhfQpf~-,",, ",',,' ::! !:: ]'\, ',',,", ,, :,,', '"','"' Coordination and Outreach 7,114.70 Baseline Environmental Study 55,506.59 Project Work Plan 8,758.50 Project Management and Meetings 19,586.55 TOTAL (Not-to-Exceed) 90,966.34 Executed by Contractor this ____ day of _____________ , 2011. CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation (name of Contractor) By0J/uJJJ1AAI (sign here) Eric Wilson, Vice President (print name/title) AECOM TECHNICAL SERVICES, INC., a California corporation By: William E. Garrett, Assistant Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California BY: ~~J/11_4 Mayor r Date: ___ 9'-<------...... d"'--'-7_-_.:.....:/,,_1 __ APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version 5/12/11 2 APPENDIX "A" A: COM TASK ORDER NO. 1 CARLSBAD BLVD REALIGNMENT AND LAND EXCHANGE PROJECT PROJECT NO. 6031 AUGUST 17, 2011 The City of Carlsbad is initiating the Carlsbad Boulevard Realignment and Land Exchange Project (Proposed Project), which would allow the City to realign a portion of Carlsbad Boulevard and exchange vacated property with State Parks to enhance public access to the city's coastline. Carlsbad's coastline is an important part of the city's identity, quality of life, and economy. Increasing public access to the coastline and promoting a healthy outdoor lifestyle are important goals shared by the City of Carlsbad and community, and have been identified as a City priority. The potential realignment of Carlsbad Boulevard and land exchange along the corridor will provide an opportunity for the City to create signature coastal projects that will provide for extraordinary recreational areas for generations of today and the future to enjoy. D AECOM has been retained to provide environmental support for the Proposed Project as theCity moves forward into design and implementation. The initial tasks described in the following pages will be Task Order No. 1 and represent the preliminary action items AECOM needs to complete in order to identify agency requirements. General Assumptions • City of Carlsbad and State Parks are the only review agencies (e.g. no Caltrans involvement is anticipated) • Unless otherwise specified, all submittals of deliverables are anticipated to be in electronic format, with draft submittals in both PDF and Word document format, and final submittals in PDF. Reproduction and distribution of products and documents are assumed to be completed by the City of Carlsbad. • One set of review comments will be provided on each submittal by the City of Carlsbad and State Parks Task 1: Baseline Environmental Assessment It is expected that the baseline assessment will include review and collection of existing conditions data to assist the City and State Parks in making informed decisions regarding viable project alternatives. These efforts will be provided in a format based on the City's Environmental Impact Assessment (EIA) form and will provide a review of existing historic baseline environmental data, as well as preliminary biological resources baseline habitat mapping, a August 17.2011 31 cultural resources records search, overview of existing coastal access, and review of hydrological conditions. Information collected will be of sufficient detail to describe existing conditions necessary for completion of an EIA, State Parks Preliminary Environmental Form (PEF), and/or Caltrans Preliminary Environmental Study (PES). It is anticipated that this baseline assessment will provide a foundation for a future Opportunities and Constraints analysis, as well as recommendation for further environmental analysis, such as species specific protocol surveys or cultural field surveys, as necessary. The baseline assessment report, consistent with the templates described above, will be generated and include the complete review of all existing conditions. A brief description of the effort anticipated for each issue area is described below: Aesthetics -Using GIS data, relevant planning documents and aerial photographs, publicly important and highly scenic locations will be identified. A site visit will be conducted to field verify and record these sensitive viewsheds and viewpoints. An initial scenic inventory will be prepared on-site in support of future key viewpoint selection and aesthetic analysis. Anticipated deliverables include a text description of scenic inventory, mapping/graphic illustrating existing viewsheds, and an image board depicting initial viewpoint photographs and other representative context imagery. No aesthetics analysis or visual simulations will be provided under this Task Order. Biological Resources -AECOM biologists will evaluate the existing conditions with respect to biological resources, from Cannon Road to the southern portion of Batiquitos Lagoon and extending from the existing railroad right-of-way to the Pacific Ocean. Existing conditions will be determined during the field assessment; however, based on a preliminary review of the area using Google Earth and The San Diego Natural History Museum Plant Data Base, the location for the proposed site appears to coincide with a variety of habitats ranging from coastal dune habitat, vernal pool communities, coastal sage scrub (CSS), ornamental plantings and riparian forest/riparian scrub just inland. Federally listed plants and wildlife have already been documented at this site. Prior to conducting the biological field survey, AECOM will search relevant database [e.g., California Natural Diversity Database (CNDDB), California Environmental Resources Evaluation System (CERES) California Wetlands Information System Wetland Databases, and National Wetlands Inventory (NWI) Interactive Wetlands Mapper to identify any sensitive resources with potential to occur in the area surrounding the project site. To facilitate the field review, a field map will be prepared to depict the survey limits, existing aerial, topography, and any existing records of sensitive species, drainages, or other relevant data for the field work. During the biological field survey, AECOM biologists will conduct the following tasks: 1. map vegetation communities 2 August 17.2011 2. evaluate existing habitats for their suitability to support sensitive species that have potential to occur in the region 3. search for wetlands and other waters and provide a rough delineation any potential jurisdictional waters that are detected based on future coastal project at the proposed site 4. record the locations of any sensitive resources observed incidentally using GPS field recording equipment. Field survey results will be documented in a biological resources technical memorandum describing existing conditions with relation to biological resources. Biological resources will also be depicted in a map. A biologist will also attend up to three (3) meetings with City staff. Assumptions • Up to 6 person days are assumed to complete vegetation mapping, habitat suitability assessments and mapping for rare plant and wildlife species, and informally delineate the site for potential jurisdictional waters. • No protocol or focused surveys or formal delineation are included in this scope and cost. Cultural Resources -A cultural resources records search will be conducted at the South Coastal Information Center (SCIC) to identify any known resources within a 0.5-mile radius of the project. The records search will provide information on known cultural resources and on previous cultural resources investigations and will also include review of historic maps on file. A review of the California Historic Resource Inventory for San Diego County, which contains listings for National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest will also be conducted. Additional research will include reviewing historic maps and aerial photographs of the proposed project area to determine built dates for any buildings and structures. In addition, the Native American Heritage Commission (NAHC) will be contacted for a search of their Sacred Sites File. A windshield reconnaissance will be conducted to confirm conditions in the project area. The results of the archival research and the reconnaissance will be included in the baseline/existing conditions report. Assumptions • Survey, site recording, and evaluation are not included in the current scope. Geology/Soils -Existing soils mapping would be evaluated, as well as known seismic faults, for this effort. No site specific coordination with agencies or field surveys is anticipated for this task order. 3 August 17,2011 Hydrology/Water Quality -Regulatory background, site topography, land use, impervious surface, water quality, sensitive water bodies, and general drainage characteristics will be compiled. Pertinent regulations will be summarized, including: the Municipal Stormwater Permit (Order No. R9-2007 -0001 ), City of Carlsbad Standard Urban Storm Water Mitigation Plan (2011 ), and Statewide General Construction Permit (Order No. Order 2009-0009-DWQ). These regulations typically require the incorporation of site design, low impact development (LID), source control, treatment control and hydromodification management best management practices (BMPs) during construction and operation of the project. Section 303(d) Clean Water Act (CWA)-Iisted water bodies (and their respective impairment constituents) in the project vicinity will be summarized as well. A summary of typical BMPs and pollutant removal efficiencies will follow for reference. The baseline environmental assessment activities will document existing hydrologic conditions and outline the hydrologic and hydraulic studies that will be required to accompany future project specific environmental analysis. No site specific measurements or surveys are anticipated. Land Use and Planning -Existing general land use/development patterns and planning designations will be identified for this effort. Various planning documents, such as the Carlsbad General Plan, the Ponto Vision Plan, and the Carlsbad State Park General Plan, will be evaluated. No specific coordination with adjacent private developments is included for this task order. Public Services -The locations and emergency routes utilized by existing public services will be identified. No specific coordination with emergency service providers or field surveys is included as part of this task order. Recreation -The effort will include coordination with State Parks to identify existing recreational facilities, including parking, campground facilities, trails, access, and other recreational amenities, as applicable. Transportation/Circulation -Existing circulation elements would be identified within the study area, including roadways, bike routes, and intersections. Utilities & Service Systems -Existing utilities and service systems are being documented by RBF in a separate task order. Utilities information would be incorporated from that effort into the baseline environmental assessment report. 4 August 17,2011 Assumptions • The "Envision Carlsbad", General Plan Update Program as well as the relevant City prepared "Working Papers" will be referenced and incorporated, as applicable, to the existing conditions/baseline discussions. Deliverables • Draft and Final Environmental Baseline Assessment Report (5 hard copies of each, as well as digital submittals) Total cost anticipated for task 1 is not to exceed $55,506.59. Task 2: Preparation of a Project Work Plan in coordination with the City, Stakeholders, and RBF The Project Work Plan will be the roadmap for the project moving forward and will include a long-term schedule, communication protocols, an outline for the land exchange/(6)f process, the Communication Plan, and results of the initial agency outreach and objectives development. De/iverab/es • Draft and Final Project Work Plan Assumptions • The Project Work Plan is anticipated to be a living document, which may require periodic updating. This updating is assumed to occur on a quarterly basis, when necessary, and will include updating the contact list and project schedule, as well as integration of subsequent project task orders. Total cost anticipated for task 2 is not to exceed $8,758.50. Task 3: Initial Project Coordination and Agency Outreach One of the key project development items will be to take the necessary initial coordination steps with State Parks, the Department of the Interior, and any other key stakeholders (public and private). This initial project coordination will include outreach and coordination with the Department of the Interior to determine appropriate coordination, timing, and documentation requirements for the Section 6(f) process and land exchange, as well as outreach and coordination with the Coastal Commission to establish their initial expectations and identify any key issues that would provide critical direction during a future Opportunities and Constraints analysis. AECOM staff will attend up to three (3) agency coordination meetings, all anticipated to be located in Carlsbad or San Diego. 5 August 17. 2011 43 Deliverables • Attendance at up to 3 agency coordination meetings and meeting minutes and action items • Creation of an action item matrix to provide a tracking mechanism and to allow for a clear understanding of roles and responsibilities Total cost anticipated for task 3 is not to exceed $7, 114.70. Task 4: Meetings and Project Management This task will address AECOM project management activities, such as contract set-up, client and team coordination, attendance at client and team meetings, tracking interim and major milestones, and file management. The objective of meetings included in this task will be to refine and formulate the key project objectives moving forward and to assist in the development of the Project Work Plan and schedule, as described above. AECOM will prepare meeting agendas and minutes for project records. This task is anticipated to cover management costs through the initial contract set-up phase and the 6 month period following a NTP. Deliverables • Meeting agendas and minutes (electronic submittals) Assumptions • Monthly meetings through the first 6 months of the contracted project period are anticipated with the City. • An additional 3 meetings with the City and/or team are anticipated to address additional coordination and/or documentation requirements. Total cost anticipated for task 4 is not to exceed $19,586.55. Task Order No. 1 Cost Estimate The estimate to complete the services described above in tasks 1 through 4 of Task Order No. 1 are anticipated to total $90,967, given the assumptions incorporated above. The task order would be billed on a time and materials basis at the task order level, with a not to exceed amount of $90,967. If assumptions incorporated above change, additional funds may be required to complete the work described. Any potential changes to assumptions or scope would be discussed with the City to determine appropriate action as soon as they are identified. 6 August 17,2011 Carlsbad Boulevard Realignment and Land Exchange Project -Task Order 1: Initial Project Tasks Submitted by: AECOM Task 3 Project Coordination and Task 1 Baseline Environmental August 17,2011 Agency Outreach Assessment AECOM Rate Hours Costs Hours Costs Design and Planning Principal $ 225.00 2 $450.00 7 $1,575.00 Sr. Planner I $ 180.00 4 $720.00 18 $3,240.00 Planner IV $ 150.00 4 $600.00 Planner Ill $ 115.00 Planner I $ 80.00 14 $1,120.00 Environmental Engineer/Scientist II $ 125.00 10 $1,250.00 Environmental Planner/Analyst IV $ 150.00 20 $3,000.00 42 $6,300.00 Environmental Planner/Analyst Ill $ 125.00 22 $2,750.00 74 $9,250.00 Environmental Planner/Analyst II $ 90.00 36 $3,240.00 Biologist Ill $ t10.00 10 $1,100.00 Biologist I $ 80.00 112 $8,960.00 Senior Landscape Architect $ 175.00 10.75 $1,681.25 Landscape Designer Ill $ 130.00 24 $3,120.00 ~rchaeologist/Architectural Historian II $ 85.00 40 $3,400.00 GIS Specialist Ill $ 120.00 2 $240.00 GIS Specialist II $ 100.00 30 $3,000.00 GIS Specialist I $ 80.00 2 $160.00 Graphic Artist $ 100.00 7 $700.00 ~ord Processor II $ 75.00 9 $675.00 ~ord Processor I $ 60.00 2 $120.00 rr echnical Editor $ 95.00 7 $665.00 Project Administration $ 75.00 2 $150.00 RBF Senior Planner $ 163.00 [TOTAL AECOM LABOR 48 $6,920.00 463 $50,746.25 PROJECT EXPENSES COST $177.00 $4,327.58 ~ECOM MARKUP ON EXPENSES 10% $17.70 $432.76 OTAL PROJECT EXPENSES COST $194.70 $4,780.34 OTAL AECOM LABOR & OTHER DIRECT COSTS $7,114.70 $55,506.59 ASSUMPTIONS. TO 1_08 10 11 Task 4 Meetings and Project Task 2 Project Work Plan Management Total Hours Costs Hours Costs Hours Costs 9 $2,025.0 4 $720.00 8 $1,440.00 34 $6,120.0( 4 $600.0( 14 $1 ,120.0( 10 $1,250.0< 20 $3,000.00 68 $10,200.00 150 $22,500.0< 40 $5,000.00 56 $7,000.00 192 $24,000.0< 36 $3,240.0< 10 $1,tOO.OC 112 $8,960.0< 11 $1,681.2~ 24 $3,t20.0< 40 $3,400.0( 2 $240.0( 30 $3,000.0( 2 $t60.0C 7 $700.0C 9 $675.0C 2 $120.0C 7 $685.0C 2 $150.00 64 $8,720.00 132 $18,640.00 707 $85,026.25 $35.00 $860.50 $5,400.08 $3.50 $86.05 $540.01 $38.50 $948.55 $5,940.09 $8,758.50 $19,586.55 $90,966.34 TRAN828 MASTER AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE CARLSBAD BOULEVARD REALIGNMENT AND LAND EXCHANGE PROJECT, PROJECT NO. 6031 (AECOM TECHNICAL SERVICES, INC.) . /)_ THIS AGREEMENT is made and entered into as of the c2 zt day of y...af.t~ , 2011, by and between the CITY OF CARLSBAD, a municipal corpor t1on, heremafter referred to as "C1ty", and AECOM TECHNICAL SERVICES, IINC., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an environmental and land use consulting firm that is experienced in the preparation of environmental documents necessary for the proposed Carlsbad Boulevard Realignment and Land Exchange project as outlined in the City's request for statements of qualifications dated November 22, 2010. B. The professional services are required on a non-exclusive, project-by--project basis for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. C. Contractor has the necessary experience in providing professional services and advice related to the preliminary engineering services required for the Carlsbad Boulevard Realignment and Land Exchange Project, Project No. 6031. D. Selection of Contractor is expected to achieve the desired results in an expedited fashion. E. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") requested in the City's request for statements of qualification dated November 22, 2010, and in the Contractor's submitted qualifications statement dated January 27, 20111, both documents are incorporated herein by reference. These services are generally described, together with hourly rate schedules, in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective from the date first above written to July 31, 2014. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof in an amount not to exceed four hundred thousand dollars ($400,000) City Attorney Approved Version 10/12/10 per Agreement year, but in no event shall the sum total of all task agreements exceed one million dollars ($1 ,000,000) under this agreement and any amendments Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director''). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed four hundred thousand dollars ($400,000) per agreement year. The total amount of the Agreement shall not exceed one million dollars ($1 ,000,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the Mayor, the City Manager or Transportation Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contrac:tor 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. 2 City Attorney Approved Version 10/12/10 .,:>I 7. SUBCONTRACTING Contractor shall utilize only those subconsultants and the identified subconsultant staff as listed in their statement of qualifications dated January 27, 2011, and incorporated herein by reference. Substitution of any subconsultant or subconsultant staff shall require express written consent of the City. In addition, Contractor will not further subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and/or authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 1 0.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies 3 City Attorney Approved Version 10/12/10 contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 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. 1 0.1.4 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. City's Initials Contractor's Initials D If box is checked, Professional Liabililty Insurance requirement is waived. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and 4 City Attorney Approved Version 10/12/10 any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The names of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: Name Conrad "Skip" Hammann Title Transportation Director Dept Transportation Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. (760) 602-2730 For Contractor: Name Title Theresa Fenner Managing Principal Address 1420 Kettner Blvd. Suite 500 San Diego, CA 92101 Phone No. (619) 233-1454 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 5 City Attorney Approved Version 10/12/10 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, Ciity may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false 6 City Attorney Approved Version 5/9/11 claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filling of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcin~1 a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill /II Ill Ill /II Ill /II /II /II 7 City Attorney Approved Version 5/9/11 -, i (:~ l (' 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this _____ day of __________ , 20 __ . CONTRACTOR AECOM TECHNICAL SERVICES, INC., a California corporation By~ (sign here) Eric Wilson, Vice President (sign here William E. Garrett, Assistant Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: ~M5n'lz2ggL LOR INE M. WOOD City Clerk Proper notarial acknowledgment of execution by Contractor must Agreement must be signed by one corporate officer from each of the Group A Chairman, President, or Vice-President ... ' ~//1 ".. * td" ,"\"':'" Group B 111,11111 ,1\' Secretary, Assistant Secretary, CFO or Assistant Treasurer ' Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney 8 City Attorney Approved Version 5/9/11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 $f.<W.m~.m~~~~~~~~~~~~~~~..d'~~~.£<'~~~..('~~£<"~.&~ <i ~ ~ State of California } i ~.-County of Lo f> {:\n<lj(!)~~ ~~~.; ~ On U\louM-\0 20\\ before me, ~1ic.\Q. C;sn~f~S /b\rlo..c"·'---· ~ personal~ a;;:ar:d 'N \ '))0\(!\ £:. GQ\(C~¥r Her:~Name ~ ;t~e~ t~~c\r~() 1 1 I --·-· I ~ who proved to me on the basis of satisfactory ~ ~ evidence to be the person~ whose name~ ~re .. ~ subscribed to the within instrument and acknowledged ~ to me that ~~they executed the same in ·~ ~ e LETICIA CISNEROS ~/rts.r/their authorized capacity(S, and that by ~ Commission# 1915800 ~~their signature(2l on the instrument the Notary Public-California 1.. person~, or the entity upon behalf of which the Los Angeles County person{& acted, executed the instrument. M Comm. s Dec: 7 2014 I Place Notary Seal Above I certify under PENAL TV OF PERJURY under the laws of the State of California that the fomgoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ~ _c::::> :.. -~ ~e of Notary PubliC OPnONAL----------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~\cr..&-tt.C i\c.ret0t-"" ~l \)~1&,~®\ Eo.)\Can~ 5tt'~ti~ 'i ~ ~ &c~~ ""': C:.CI3\ a Document Date: ~__.l.._C)~\"-'\'-----------------Number of Pages: __ ___,_ \_ Signer(s) Other Than Named Above: ---~-=-~-~-('1-~=----------------- Capacity(ies) Claimed by Signer(s) Signer's Name: W~\\\<11,(1'\ E.. Go.er~ Signer's Name: tr;t )...J;\s~n IV" corporate Officer-Title(s): ~\~m 5:t.CtW/ ~orporate Officer-Title(s): \t\<.t ilg)~~ D Individual ::J Individual RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER n Partner -_] Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ________ _ Top of thumb here D Partner -I I Limited General Top of thumb here D Attorney in Fact D Trustee D Guardian or Conservator Q Other: ________ _ ~ ~ Signer Is Representing: Signer Is Representing: ___ _ ~ ~llll ~ ~ M.iw,k.____ ____ __j ~,~~~~~~ © 2010 National Notary Association • NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES AECOM Technical Services, Inc., and their listed subconsultants, shall provide preliminary environmental and land planning services as requested in the City's SOQ dated November 22, 2010 and in the Contractor's submitted SOQ dated January 27, 2011. The attached hourly rate schedules for AECOM Technical Services, Inc. and thei,r listed subconsultants shall be used in the preparation of Task Descriptions under the Master Agreement. 9 City Attorney Approved Version 5/9/11 AECOM . . . (' ~0 ~.·~; tJ {;! (J ' !ecr: ' l \' -.. ~:~ '>t '· .~:· AECOM is committed to providing comprehensive services and competitive pricing. For this contract we have established a highly competitive rate structure. Below is a rate schedule. Design and Planning Principal! Planner I Planner II Planner Ill Planner IV Senior Planner I Environmental Engineer/Scientist I Environmental Engineer/Scientist II Environmental Engineer/Scientist Ill Environmental Planner/Analyst I Environmental Planner/Analyst II Environmental Planner/Analyst Ill Environmental Planner/Analyst IV Biologist I Biologist II Biologist Ill Senior Biologist I Senior Biologist II Landscape Architect I Landscape Architect II Senior Landscape Architect Landscape Designer I Landscape Designer II Landscape Designer Ill Senior Environmental Designer Archaeologist/Architectural Historian I Archaeologist/Architectural Historian II Archaeologist/Architectural Historian Ill Archaeological Technician I Archaeological Technician II Archaeological Technician Ill Technician Field Crew Chief GIS Specialist I GIS Specialist II GIS Specialist Ill CADD Specialist Programmer I Programmer II Graphic Artist Intern Word Processor I Word Processor II Project Administration Technical Editor BEST Rate $225 $80 $85 $115 $150 $180 $110 $125 $195 $80 $.90 $125 $150 $80 $90 $110 $145 $170 $115 $150 $175 $75 $100 $130 $160 $75 $85 $155 $55 $60 $70 $50 $65 $80 $100 $120 $65 $115 $150 $100 $50 $60 $75 $75 $95 Transportation Rate Engineering Project Manager $196 Senior Project Manager $220 Principal-In-Charge $230 Project Engineer 1-11 $138 Project Engineer III-IV $176 Technical Engineer 1-11 $169 Technical Engineer III-IV $189 Engineer 1-11 $99 Engineer III-IV $122 Design Manager $166 Engineering Designer 1-11 $134 Engineering Designer III-IV $165 CADD Drafter 1-11 $95 CADD Drafter III-IV $108 Project Assistant $97 Survey Technician/Assistant Surveyor I $110 Survey Technician/Assistant Surveyor II $130 Associate Land Surveyor (Registered) $180 Senior Land Surveyor (Registered) $210 Administrative Assistant $72 Accounting Specialist $97 Information Technology Specialist $110 Direct Project Ex12enses Rate Subconsultants Services Provided by Subconsultants Cost Other Travel -Owned Vehicles Federal Mileage Rate Travel-Lodging & Per Diem Per Federal Guidelines Travel -Airfare, Vehicle Rental, Other Cost Other Direct Charges (e.g., vendors, outside reprographic services, cell phones for field staff, submittal binders, courier, etc.) Cost Invoices will be submitted on 4-week intervals for work in progress unless otherwise agreed. Invoices are due and payable within 30 days after invoice date. Fees are valid through December 31, 2012. Rates are subject to adjustment based on contract terms. Rates will be escalated by a factor to be based on the Consumer Price Index for Southern California region but not to exceed 4% per annum. D5-Rate Schedule ORIGINAL updated: June 17,2011