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Home My WebLink AboutATKINS North America Inc; 2012-11-28; CA932PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.3 PROJECT NO. 39571 CA932 ~ f 2.--2r~Vl , '2D is-, pursuant to an Agreement between Atkins This~ Project Task Description and Fee Allotment, is entered into on NorthAmica, Inc., a Florida corporation ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide archeological resources support 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 29, 2015, ("proposal"), attached as Appendix "A" for the El Camino Real Widening Project, (the "Project"). The Project services shall include material sorting and site protection. 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 5 (five) 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 $83,504. City Attorney Approved Version 1/30/13 CA932 TABLE 1 FEE ALLOTMENT NO. 3 El Camino Real Widening Project TASK GROUP LUMP SUM FEE 1. Materials Sorting $77,409 2. Field Supplies $300 3. Mileage $695 4. Moving Buckets $5,100 TOTAL (Not-to-Exceed) $83,504 Executed by Contractor this 3 rd day of _A"-"-"'u'='g-"'u'""'sc..::::t'----------' 2015. CONTRACTOR ATKINS NORTH AMERICA, IN Florida corporation (name of Contractor Senior KINS NORTH AMERICA, INC., a ida corporation (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: i'/J&{ 1') Kathryn B. Dodson I Interim City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 2 City Attorney Approved Version 1/30/13 July 29, 2015 David Carlin Consultant Construction Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, California 92130 Telephone: +1.858.874.1810 Fax: +1.858.259.0741 www.atkinsglobal.com/northamerica Appendix "A" Re: Amendment Request 1 for Archaeological Resources Support for the El Camino Real Widening Project Dear Mr. Carlin: This letter provides an amendment request to Purchase Order (PO) P130185 dated June 3, 2015 for services in support of the El Camino Real Widening Project {project) under Atkins' Master Agreement for Environmental and Planning Study Services dated November 28, 2012. The project area is located in the City of Carlsbad along a stretch of El Camino Real bounded by Tamarack Avenue to the south and Chestnut Avenue to the north. The City began construction on the project and encountered inadvertent cultural resources discoveries, including possible human remains, which require additional cultural resources investigations. Atkins is currently under contract to conduct Phase II test investigations in the northern discovery zone, and Phase Ill data recovery excavations in the southern discovery zone. Conditions in the field have resulted in unanticipated scope additions (discussed below) which require additional funds to complete the tasks. These conditions include: 1} high yield of potential human bone from the screening process rendering San Luis Rey Band of Mission Indians unable to sort screened materials, 2} large volumes of sortable materials due to the consistency of the soil, 3) dealing with the public and 4) protection of the site due to looting/vandalism/treasure hunting. To develop the following PO amendment request, Atkins coordinated with City staff, Kleinfelder (contractor) representatives, and members of the San Luis Rey Band of Mission Indians. To reduce the budgetary impact of this amendment Atkins has taken steps to maximize efficiencies in the field. These steps include bringing on more field employees at lower billing rates to increase daily output while minimizing labor costs. We are also implementing a bonus system for the employee who produces the most work averaged over each week. We feel that these measures will help to get the remaining work done in the most efficient way possible. SCOPE OF WORK Task 1 -Materials Sorting: Southern Discovery Zone Sorting of materials is a typical part ofthe screening process. While the San Luis Rey Band was contracted to provide a mechanical screen and two people to operate it, the amount of potential human bone being recovered from the screen has prevented them from being able to sort the bone and other artifacts from the screen. To get around this, the San Luis Rey Band have collected the remaining material from the screen in buckets to be sorted by Atkins staff. However, Atkins' PO P130185 does not include sorting of screened materials and this is out of scope work. Mr. David Carlin City of Carlsbad July 29, 2015 Page 2 of 5 The mechanical screening effort is producing approximately 8 buckets of sortable materials per excavation unit (84 total units). To date, Atkins has sorted approximately 50 buckets and there is a backlog of over 115 buckets of sortable material. Based on the remaining excavation units (SO), we estimate an additional 400 buckets will be required to finish the Phase Ill data recovery excavation in the southern discovery zone. A budget augment is required to cover sorting of mechanically screened materials. This is an essential step in an archaeological project because it is the primary way that artifacts are recovered from the excavation units. Task 2 -Site Protection: Southern Discovery Zones Due to the publication of an article in the Union Tribune, the safety of recoveries from the southern discovery zone may be in jeopardy from looting/vandalism/treasure hunting. To protect the excavated material, the City and San luis Rey Band have decided to move the dry screening operation from the project site to the City's Tamarack Avenue staging yard. Atkins staff will be responsible for the transportation of buckets of excavated material to and from the Tamarack yard. This will occur at the end of each day in the field. This is out of scope work and requires a budget amendment to cover the daily loss in excavation production. ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF WORK • The mechanical screen will be provided by the San luis Rey Band of Mission Indians and their staff will operate it. • Wet or dry screening for the joint utility trench area to the west of the roadway is not included in this scope of work because the work effort is estimated to be approximately three months from the date of this proposal and the means and methods for the excavation and data recovery have not been finalized. Atkins will prepare a separate proposal for the joint utility trench data recovery effort. • A final fieldwork report will be required to summarize the results of previous investigations, provide the results of the construction monitoring, and all excavations including Phase II testing and Phase Ill data recovery efforts for the project. This report is not included within this scope of work. Atkins will prepare a separate proposal for the fieldwork report once all monitoring, testing and data recovery efforts are completed. • lab work associated with cleaning, cataloguing and analysis of recovered artifacts is not included in this scope of work because the rate of artifact recoveries is unknown at this time. Once all excavations have been completed and Atkins can reasonably estimate further monitoring recoveries, a separate proposal for cleaning, cataloguing, analyzing and curating will be provided to the City. Mr. David Carlin City of Carlsbad July 29, 2015 Page 3 of 5 COST ESTIMATE The cost for the above-described scope of work is $83,504. A breakdown of costs by task is provided below. A cost table with a breakdown of hours by task is attached. Task Task 1 Materials Sorting: Southern Discovery Zone Task 2 Site Protection: Southern Discovery Zone TOTAL Cost $78,404 $5,100 $83,504 We look forward to working with you on this project. If you have any questions regarding this cost proposal, please feel free to contact me at (858) 514-1010. Sincerely, ~m'A~ Diane Sandman, Senior Project Manager ATTACHMENT A Cost Estimate .. .. ~-lr!l:i~ •• • •.Jil[eJ~I II ~,:IeJ::-1 [1(. ll:::t ~r~ :(eliJi 11eJr.:.11 Pt Task Task/Sub SSIV Sill AS RA SPI SAl -: F~ $198 $130 $80 $65 $122 $110 - I 1 Materials Sorting 8 130 180 685 1003 $77,409 Field supplies (15 days x $20/day) $300 Mileage (80 milday for MD & SP) $695 Subtotal 1003 $78,404 I 2 Moving buckets ( 1 hr/day for 15 15 60 75 $5,100 days x 5 people) Subtotal 75 $5,100 I I i i r----------~-~ ------· ·~-------· --·~···---------~---~~· --:---"-~----~-~-~ --~----~----------~-- I --------------~--------~--~ ~;:~:504 $83,504 ECR Task 2 Archae Fee Estimate 07 29 2015.xlsm -7/29/2015 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.2 PROJECT NO. 39571 CA932 This second Pr9,j_e£! Jask Description and Fee Allotment, is entered into on ~ ::u..t • d-OlS , pursuant to an Agreement between Atkins North America, a Florida corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide archaeological investigations and environmental monitoring 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 April 22, 2015, ("proposal"), attached as Appendix "A" for the El Camino Real Widening Project, (the "Project"). The Project services shall include construction monitoring, records searching, testing and data recovery planning, testing and data recovery, and coordination 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 5 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 120 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 percentage of work completed. 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 $99,836. City Attorney Approved Version 1/30/13 1 CA93~ TABLE 1 FEE ALLOTMENT ARCHAEOLOGICAL INVESTIGATIONS AND ENVIRONMENTAL MONITORING SERVICES TASK GROUP LUMP SUM FEE 1. Construction Monitoring $35,282 2. SCIC Records Search $1,500 3. Testing & Data Recovery Plan $3,404 4.Phase 2 Test Excavations $8,361 5. Phase 3 Data Recovery Excavations $49,321 6. Coordination $1,968 TOTAL (Not-to-Exceed) $99,836 Executed by Contractor this 27th day of ___ A_...p~r_l_· 1 _________ , 2015. CONTRACTOR ATKINS NORTH AMERICA, INC., a Florida corporation (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~D-o-d""s=o~n-/_A_s_sl-st_a_n_t -C-1ty_M_a_n_a_ger Date: ~~\.S APPROVED AS TO FORM: 1\TKINS April 22, 2015 Brandon Miles City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Appendix "A" Atkins North America, Inc. 3S70 Carmel Mountain Road, Suite 300 San Diego, California 92130 Telephone: +1.858.874.1810 Fax: +1.8S8.2S9.0741 www.atkinsglobal.com/northamerlca Re: Scope of Work and Cost Estimate for Archaeological Resources Support for the El Camino Real Widening Project Dear Mr. Miles: This letter provides a scope of work and cost estimate to the City of Carlsbad for services in support of the El Camino Real Widening Project (project) under Atkins' Master Agreement for Environmental and Planning Study Services dated November 28, 2012. The project area is located in the City of Carlsbad along a stretch of El Camino Real bounded by Tamarack Avenue to the south and Chestnut Avenue to the north. The City began construction on the project and encountered inadvertent cultural resources discoveries, including possible human remains, which require additional cultural resources investigations. The Oty is also requesting that Atkins provide cultural resources construction monitoring services for the project. To date, Atkins is aware that several large bags of historic artifacts have been recovered from the construction monitoring effort, and approximately 30 bone fragments and additional historic era artifacts have been recovered from two areas on the west side of El Camino Real, four of which have been determined to be potentially human. The San luis Rey Band of Mission Indians, as the Most Likely Descendant {MLD), is requesting further cultural resources investigations to complete data recovery in the southern zone where the potential human remains were found, and further characterization of the northern zone of the archaeological deposits. To develop the following scope of work, Atkins coordinated with ASM Affiliates and Petra Resource Management, who have both conducted work on the project, as well as attended meetings with City staff, Kleinfelder representatives, and members of the San luis Rey Band of Mission Indians. SCOPE OF WORK Task 1-Construction Monitoring Atkins will provide a full-time {40 hours per week) cultural resources monitor for all project construction activities in native soils for approximately 11 weeks (450 hours of field time). The monitor will complete daily monitoring forms, photographic logs and artifact recordation forms. The monitor will review the Mitigation Monitoring and Reporting Program and previous cultural resources Investigations prepared for the project and will be able to pro-'lde informed recommendations on monitoring finds. Mr. Brandon Miles City of Carlsbad April 22, 2015 Page2 of4 Task 2-Records Search --------~-·----------------~--------------------~-~----- ATKINS Records search data is essential to understand the nature of the archaeological deposits on site; however, this Information is not available due to the age of the original cultural resources report. Atkins will request a new records search at the South Coastal Information Center at San Diego State University to determine the number and type of historical resources that have been previously recorded within a one mile radius of the project site boundary. Task 3 -Testing and Data Recovery Plan Atkins will prepare a detailed testing and data recovery plan. The testing plan will pertain to the northern zone and will describe the methods to be used to determine the extent of the archaeological deposit, characterize the deposit and prepare an evaluation of the resource. The data recovery plan will pertain to the southerly zone deposit where possible human remains were found. The San Luis Rey Band of Mission Indians has requested 100% data recovery for this area. The data recovery plan will detail how this will be accomplished efficiently and to maximize artifact recoveries. Task 4-Northern Zone Phase Z Test Atkins understands from conversations with ASM Affiliates and Petra Resource Management that the northern zone roped off area has not been defined or adequately assessed for resource significance. Atkins proposes to define the area through the excavation of shovel test pits (STPs). Once the STPs have delineated the site, additional test excavation units or other activity may be necessary to adequately characterize the deposit and make an evaluation of the resource. Based on volume calculations provided by Kleinfelder, Atkins has determined that the test plan will take approximately five working days to complete. To date, no human remains have been recovered from this area. Atkins is proposing the following to define the deposit: Task 4.1 -Shovel Test Pits. Atkins will hand excavate STPs of approximately 30cm x 30cm x SOcm in size. The STPs will be placed every 10 meters within the construction zone, staggered in two rows for a maximum of 40 STPs. The purpose of the STPs is to delineate the spatial extent of the site within the construction zone. In the event that the archaeological deposit proves to be spatially constrained, Atkins will cease excavation after two sequential sterile STPs are observed in each line. Task 4.2 -Screening. All sediments excavated by STPs will be screened through 1/8 inch screen either through a mechanical sifter or manually, or a combination of both to maintain efficiency. It is assumed that the San Luis Rey Band of Mission Indians will provide a mechanical screen for use on the project and that the mechanical screening will be conducted by Tribe. Atkins staff will supplement the effort with 3-4 manual screens. The screening will be conducted within the site footprint. Task 4.3 -Recommendations. Based on the results of the STPs, Atkins will provide a recommendation via email for any additional work that may be necessary to adequately characterize the deposit and make an evaluation of the resource in the northern zone. The additional work may include additional test excavation units or data recovery efforts. If recommendations require additional work a separate task order proposal request will be submitted to the City. Mr. Brandon Miles City of Carlsbad April 22, 2015 Page3 of4 Task 5-Southern Zone Phase 3 Data Recovery ATKINS The southern zone is the area where the possible human remains have been recovered. This area has been determined to be a significant resource under CEQA and requires Phase 3 data recovery excavations. The Most Likely Descendent (San luis Rey Band) has requested 100% data recovery of the areas of disturbance, which have been roped off. Based on volume calculations provided by Kleinfelder, Atkins has determined that the work will take approximately three weeks to complete. Task 5.1 -Excavation Units. Atkins will conduct the 100% recovery effort in the southern zone through the excavation of 80 excavation units (EUs) approximately 1m x 1m x 30cm in size. The EUs will be excavated in 10cm levels. Task 5.2 -Screening. All excavated material from this area will be matrix screened through 1/8 inch mesh via a combination of mechanical and manual screens to maximize efficiency. All mechanical screening will be conducted by the San Luis Rey Band of Mission Indians; and all sediment will be screened on site. Atkins staff will supplement the effort with 3-4 manual screens. Task 5.3 -Letter Report. A brief letter report will be submitted to the City within 21 days of completion of southern zone Phase 3 data recovery area to summarize the results of the data recovery effort. The letter report will be incorporated Into the final project monitoring and discovery report documenting all archaeological activities during construction to be prepared once the project Is complete (not a part of this scope of work). Task 6-Coordination A total of 12 hours of coordination time for project meetings, permitting, and/or consultation with City staff or regulatory agencies is included in this scope of work and cost estimate. ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF WORK • The cultural resources monitoring effort will not exceed a standard 40-hour work week and is limited to 450 hours in total. • The mechanical screen will be provided by the San Luis Rey Band of Mission Indians and their staff will operate it. • Additional testing and/or data recovery may be required for the northern zone. The need for additional work will be determined once STPs have delineated the extent of the site. If deemed necessary, Atkins will prepare a separate task order proposal request for the additional work. • Wet screening for the joint utility trench area to the west of the roadway is not included in this scope of work because the work effort is estimated to be approximately three months from the date of this proposal. Atkins will prepare a separate task order proposal request for the wet screening effort. • A final fieldwork report will be required to summarize the results of previous investigations, provide the results of the construction monitoring, and all excavations including Phase 2 testing Mr. Brandon Miles City of Carlsbad April 22, 2015 Page4of4 J\TKINS and Phase 3 data recovery efforts for the project. This report is not included within this scope of work. Atkins will prepare a separate task order proposal request for the fieldwork report once all monitoring, testing and data recovery efforts are completed. • Lab work associated with cleaning, cataloguing and analysis of recovered artifacts is not included in this scope of work because the rate of artifact recoveries is unknown at this time. Once all excavations have been complete and Atkins can reasonably estimate further monitoring recoveries, a scope of work and cost for cleaning, cataloguing, analyzing and curating will be provided to the City. COST ESTIMATE The cost for the above-described scope of work is $99,836. A breakdown of costs by task is provided below. A cost table with a breakdown of hours by task is attached. Task Cost Task 1 Construction Monitoring $35,282 Task 2 SCIC Records Search $1,500 Task3 Testing and Data Recovery Plan $3,404 Task4 Phase 2 Test Excavations $8,361 TaskS Phase 3 Data Recovery Excavations $49,321 Task6 Coordination $1,968 TOTAL $99,836 We look forward to working with you on this project. If you have any questions regarding this cost proposal, please feel free to contact me at (858) 514-1010. &:~~ Diane Sandman, Senior Project Manager ATTACHMENT A Cost Estimate ATKINS Pllge1 of1 Pt THII IT•allub :: $~~ : : 8PI BAI . . . . . . HOURS PI!E $122 $110 . . . . . 1 ,. I 12 8 450 I 470 ~.666 Field SUPIII_ies ($15/day) $900 Mileage (45 mllday for TO) $1,716 Subtotal 470 $35,282 I 2 SCIC Records Search $1,500 SUblo1lll $1,500 : 3 Testing and Data Recovery Plan 2 16 4 I 4 26 $3,404 SUbtotal 26 $3,404 4 =~: -:.ae;: (NOf1h Zone) ·· 5 STPs(40) 2 20 36 32 90 $7,956 Field SUpplies (S351day) $175 Mileage (80 milday for MD & SP) $230 Subtotal 90 $6,361 5 ~=·330= ~~(South EUs(80) 10 120 192 180 502 $44,640 Phase 3 Report 2 12 16 2 32 $3,456 Field Supplies ($35/day) I $525 Mileage (80 milday for MD & SP) $700 Subtotal 534 $49,321 I 6 ,. 6 6 I I 12 $1,968 I Subtotal 12 $1,968 i I I I : I i I I 1=::~~:=~ I 34 I 182 I 244 I 882 I 4 I 8 I I I I I I I 1.132 I Sll.na I I ·34 I 182 I 244 I 882 I 4 I 8 I I I I I I I 1,132 I Pt,l31 I ECRArchH F• Eslfmllle042215.lllam • 412212015 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT N0.1 ARROYO VISTA TRAIL EXTENSION PROJECT NO. 4040 This first Project Task Description and Fee Allotment, is entered into on DeceW\be,r ll ,;to 13 , pursuant to an Agreement between ATKINS NORTH AMERICA': INC, a Florida corporation ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012 (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide biological resource mapping and survey 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 19, 2013, ("proposal"), attached as Appendix "A" for the Arroyo Vista Trail Extension Project No. 4040, (the "Project"). The Project services shall include preliminary investigations regarding biological resources within the project boundary, general survey and vegetation mapping, preparation of Biological Resources Letter report with recommendations, and land surveying 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 25 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 a time and materials basis, and a not to exceed amount of $23,134.00. 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 No. 1 is $23,134.00. City Attorney Approved Version 1/30/13 \ City Attorney A pproved Version 1/30/13 2 TABLE 1 FEE ALLOTMENT BIOLOGICAL RESOURCE MAPPING AND SURVEY SERVICES • <~ ; : (: ~ .:' ·· · TASK'GROUR'·.;·,·•·.:.". ·. .. tvue~,•v:• Fge · ..•... >·.: ..... ·. ,: ·.· ...... ::·:/" . Task 1 -Preliminary Investigations $5,220.00 Task 2-General Survey and Vegetation Mapping $3,244.00 Task 3-Biological Resources Letter Report with Recommendations $8,066.00 Task 4-Base Map Development $6,604.00 TOTAL (Not-to-Exceed) $23,134.00 Executed by Contractor this 2nd day of December ' 20....:.1 :;:_3 - CONTRACTOR ATKINS NORTH AMERICA, INC. ATKINS NORTH AMERICA, INC. (name of Contractor) By: David J. Carter, Senior Vice President (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. , a municipal corporation of the State of California By: Date: _....!...,/_2__..:· (:.....=o~· ...!....( ...:...; ___ _ APPROVED AS TO FORM: CELIA A. BREW . y Attorney r City Attorney Approved Version 1/30/13 3 NOTARY ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE} PERSONALLY APPEARED before me, the undersigned authority, David J. Carter and Rene de los Rios , well known to me or who has produced -------------------------as identification and known by me to be the Senior Vice President and Assistant Secretary of the corporation named above, and acknowledged before me that they executed the foregoing instrument on behalf of said corporation as its true act and deed, and that they were duly authorized to do so. WITNESS my hand and official seal this 2nd day of December, 2013. ''""''' ~;r..v tv~ DEBORAH LYNN SHIMEl i~l~J·::~ MY COMMISSION IFF 036524 ~1:c. ·:_! EXPIRES: November 13, 2017 • .....,.(.,~ •• Bonded Thru Notary Public Underwriters d.J! )£:2 NOTARYPU~ Print Name: DEBORAH LYNN SHIMEL My Commission Expires: Nov. 13, 2017 ATKINS Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, California 92130 Telephone: +1.8S8.874.1810 Fax: + 1.858.259.07 41 www.atkinsglobal.com/northamerica Scope of Work, Schedule and Cost Estimate for the City of Carlsbad Scope of Work Arroyo Vista Trail Extension Project November 19, 2013 As requested by the City of Carlsbad (City), this scope of work, schedule, and cost estimate includes an evaluation of baseline conditions and general biological surveys, vegetation mapping, and preparation of a biological resources letter report for the proposed Arroyo Vista Trail Extension Project (project). The intent of the work effort is to perform background and onsite investigations in accordance with the City of Carlsbad Planning Department Guidelines for Biological Studies (2008) to determine the nature and extent of further studies and permits required for project implementation. In addition, Atkins will provide surveying services to determine the private and/or public property boundaries adjacent to the proposed project. The project is located along Encinitas Creek between Rancho Santa Fe Road and Calle Acervo in the City of Carlsbad, San Diego County, California. Atkins staff will undertake the following tasks: Task 1) Preliminary Investigations Atkins will conduct preliminary investigations regarding biological resources within the project and immediately adjacent (within 100-feet) areas. These investigations will include the following: a. Data found during a record search of the California Natural Diversity Database (CNDDB); b. A list of federal and threatened species obtained from the US Fish and Wildlife Service (USFWS) for the project area; and c. A California Native Plant Society inventory for the project location. Additionally, any available maps, databases, and literature specific to San Diego County including, but not limited to, relevant Carlsbad HMP information, Multiple Species Conservation Program documentation, and San Diego Geographic Information Source (GIS) ecology information, will be queried for biological resource data about the site. Finally, all project information, such as trail design, and any additional information from the City pertaining to the site, will be reviewed. These preliminary investigations will provide background information that will be included in the Biological Resources Letter Report. Task 2) General Survey and Vegetation Mapping Atkins biology staff will conduct a reconnaissance level biological and botanical resources survey within and immediately adjacent to the project area. We will document species observed (flora and fauna) and conduct onsite vegetation community mapping using the modified Holland system of classification. Arroyo Vista Trail Extension Project November 19, 2013 Page 2 of 3 ATKINS Habitat information will be compiled into a GIS database to create a vegetation map for incorporation into the Biological Resources Letter Report. Onsite conditions will be used to provide an assessment of potentially occurring sensitive plant and animal species, and recommend further actions for project implementation under the Carlsbad HMP. Note: Task 2 does not include protocol level surveys for special status species (flora and fauna), formal consultation with the USFWS, permit applications or coordination with the CDFW, jurisdictional wetland delineation/jurisdictional delineation report, associated permitting and/or coordination with the USACE and/or RWQCB (e.g., Sections 401 or 404 of the Clean Water Act), or onsite construction monitoring. Additionally, the Biological Resources Letter Report will not include the identification of mitigation measures to reduce potential impacts. Should any of these services be requested, a separate scope of work and cost will be provided. Task 3) Biological Resources letter Report with Recommendations Atkins will provide a draft Biological Resources Letter Report to the City within four weeks of notice to proceed. The draft report will include items outlined in Tasks 1 and 2 above, as well as recommendations for further studies, required regulatory permits, and compliance with the Carlsbad HMP permit process. Upon receiving draft report comments from the City, Atkins will prepare one set of minor revisions not to exceed twelve hours of professional staff time to complete without client consent for additional costs. The final version of the report will be prepared and submitted in electronic (PDF) format and hard copy (up to five color documents) to the City. Task 4) Surveying Services-Base Map Development Atkins will prepare a base map of the proposed trail extension alignment and surrounding area. The base map will identify existing topography, existing utilities and aerial images based on the City GIS data. This task includes a property boundary survey of the existing open space parcels within the HMP and existing private parcels on the south side of the proposed trail extension alignment. It is assumed that a title report will be provided by the City. Note: It is assumed that design level topography will be needed once an alignment has been finalized. Should this service be requested, a separate scope of work and cost estimate will be provided. Schedule Task 1 (Preliminary Investigations) and Task 2 (General Survey and Vegetation Mapping): preliminary investigations and a reconnaissance level biological and botanical resources survey will be completed within two weeks of receipt of the notice to proceed from the City. Task 3 (Biological Resources Letter Report): a draft Biological Resources Letter Report will be submitted to the City within four weeks of receipt of the notice to proceed from the City. Task 4 (Surveying Services -Base Map Development): Base map development will be submitted to the City within three weeks of receipt of the notice to proceed from the City. Arroyo Vista Trail Extension Project November 19, 2013 Page 3 of 3 Cost Estimate A cost breakdown for Tasks 1 - 4 is as follows: Task 1-Preliminary Investigations: Task 2-General Survey and Vegetation Mapping: Task 3-Biological Resources Letter Report with Recommendations: Task 4-Surveying Services-Base Map Development: ATKINS $5,220.00 $3,244.00 $8,066.00 $6,604.00 $23,134.00 Atkins will provide the above scope of work (Tasks 1 -4) on a time and material basis, not to exceed $23,134.00. The total for this phase of work will not be exceeded without prior written authorization by the City. Atkins will invoice the City once each month for services rendered the previous month. CA932 MASTER AGREEMENT FOR ENVIRONMENTAL AND PLANNING STUDY SERVICES (ATKINS NORTH AMERICA, INC.) T IS AGREEMENT is made and entered into as of the o?~ day of ~JW~K-/ , 20 /otr by and between the CITY OF CARLSBAD, a municipal corpo tion, hereinafter referred to as "City", and ATKINS NORTH AMERICA, INC., a Florida corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in environmental and planning studies. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to environmental and planning studies. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 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 for a period of three years starting from the date first written above. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) 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. City Attorney Approved Version 2/17/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed two hundred thousand dollars ($200,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). 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 City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 2 City Attorney Approved Version 2/17/12 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 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 Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 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 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 professio with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period f five years following the date of completion of the work. D If box is checked, Professional Liability City's Initials 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: 3 City Attorney Approved Version 2/17/12 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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 any time, 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, a~d make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 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. 4 City Attorney Approved Version 2/17/12 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: Name Title Dept Address Phone Skip Hammann Transportation Director Transportation CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad CA, 92008 (760) 602-2751 For Contractor: Name Title Address Phone Email Kim Howlett Assoc. Vice President 3570 Carmel Mountain Road, Suite 300 San Diego, CA 92130 (858) 514-1018 Kim. howlett@atkinsglobal.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 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. 5 City Attorney Approved Version 2/17/12 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, ·commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 6 City Attorney Approved Version 2/17/12 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 2/17/12 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 27th day of Sept ember '20...1.2_. CONTRACTOR ATKINS NORTH AMERICA, INC., a Florida corporation By: By: (sign her ··./'l.OR\0~.·· Rene de los Rios' ....... _, Assistant Secretar~•••~~~~"' (print name/title) Group A Chairman, President, or Vice-President CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: LO City Clerk Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONAL BY: ~~~~~~~~==~--- 8 City Attorney Approved Version 2117112 NOTARY ACKNOWLEDGEMENT STATEOFFLORIDA } COUNTY OF MIAMI-DADE} PERSONALLY APPEARED before me, the undersigned authority, David J. Carter and Rene de los Rios , well known to me or who has produced -------------------------as identification and known by me to be the Senior Vice President and Assistant Secretary of the corporation named above, and acknowledged before me that they executed the foregoing instrument on behalf of said corporation as its true act and deed, and that they were duly authorized to do so. WITNESS my hand and official seal this 27th day of September, 2012. ··':f·.v''"•·· DEBORAH LYNN SHIMEL f.~<:IJ· ·~:; MY COMMISSION# DD 924543 ;,..:. .~f EXPIRES: November 13, 2013 ~~i:· .. ·· / Bonded Thru Notary Public Underwriters ,Rf.,~ NOTARYPUBL Print Name: DEBORAH LYNN SHIMEL My Commission Expires: Nov. 13, 2013 • • • • • • • • ' ' ' • • • • • • 5. Rate Schedule EXHIBIT A J\TKINS ATKINS STANDARD RATE SCHEDULE FOR THE CITY OF CARLSBAD EFFECTIVE JANUARY 1, 2012 ENVIRONMENTAL SCIENCE SERVICES Supervising Scientist. ................................... $198.00 Senior Scientist 111 .......................................... 180.00 Senior Scientist II ........................................... 170.00 Senior Scientist I ............................................ 140.00 Scientist 111 ......••........••••...•••.••.•••.••.................. 130.00 Scientist 11 ....................................................... 110.00 Scientist ! .......................................................... 92.00 Assistant Scientist.. .......................................... 80.00 Research Assistant .......................................... 65.00 PUBLIC AFFAIRS/COMMUNITY RELATIONS Project Manager ........................................... $170.00 Community Relations Specialist .................... 140.00 Assistant Project Manager ............................. 125.00 Account Coordinator ........................................ 80.00 OTHER PROFESSIONAL SERVICES Principal Professional. .................................. $196.00 Supervising Professional. ............................... 170.00 Sr. Professional Ill I Sr. GIS Analyst 111 .......... 150.00 Senior Professional II I Sr. GIS Analyst 11 ..••.. 135.00 Senior Professional! I Sr. GIS Analyst I ........ 122.00 Professional II/ GIS Analyst II ....................... 101.00 Professional 1/ GIS Analyst I ........................... 88.00 Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, California 92130 Telephone: +1.858.87 4.1810 Fax: +1.858.259.0741 www.atkinsglobal.com/northamerica DESIGN & GRAPHIC SERVICES Senior Designer Ill ....................................... $140.00 Senior Designer II .......................................... 135.00 Senior Designer! ........................................... 120.00 Designer 11 ...................................................... 110.00 Designer ! ....................................................... 100.00 CAD Technician 111 ........................................... 95.00 CAD Technician 11 ............................................ 85.00 CAD Technician! ............................................. 70.00 Graphics Designer II ...................................... 100.00 Graphics Designer I ......................................... 95.00 ADMINISTRATIVE SERVICES Senior Administrator .................................... $11 0.00 Senior Administrative Assistant Ill ................... 95.00 Senior Administrative Assistant 11 .................... 85.00 Senior Administrative Assistant! ..................... 80.00 Administrative Assistant 111 ............................... 75.00 Administrative Assistant!!. ............................... 65.00 Administrative Assistant 1/ Clerk ..................... 60.00 EXPENSES AND OUTSIDE SERVICES Identifiable non-salary costs that are directly attributable to the project, such as reproduction costs, telephone charges, mileage, postage, etc., are billed at actual cost plus 10 percent to cover overhead and administration costs. Mileage will be billed at the current IRS rate at the time of vehicle use . Fees for subconsultant services provided are billed at actual cost plus 10 percent to cover overhead and administration costs . Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day . Computer Aided Drafting, hydrologic water, sewer and stormwater modeling, GIS, automated mapping, database and web programming, etc., is charged at $5 per labor hour. If applicable, a vehicle allowance of $8.00 per hour will be charged for the use of a company vehicle assigned to an inspector. • Non-Prevailing Wage ** Prevailing Wage Rate -Overtime will be charged at 1.25 times and Sundays and holidays will be charged at 1. 70 times the above rates. PAYMENT TERMS A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule will remain in effect for three years beginning on the date of the fully executed contract. 0414 028650 0512 Atkins 1 SOQ for City of Carlsbad I WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: Bill Plummer/Utilities, Marshall PlantzJTransportation (Name and Department) October 12, 2012 Date Proposed modification(s) to the Prof. Liability requirement( s) for Master Agreements for 20 12-20 15 for Atkins North Environmental/Planning Services America CA932-City; CA934-CMWD --==----::-:-------:-(Type of insurance) (Name of contract) D Reduce coverage to the amount of: D Waive coverage [ZJ Other: Waive requirement of surplus lines carrier on the LASLI (formerly LESLI) -----·--- FACTOR(S) IN SUPPORT OF MODIFICATION(S) (checkthosethalapply) 0Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain} ----·---·-·---·--·----··· 0Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded ifapplicable] __________ _ Ocontract Amount/Term of Contract: $ __ . Work will be completed over a period of __ 0Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain}. ----------------------------- 12\lOther (e.g. explain whv exposures are minimal, how expgsures are covered in another policy. exposure control mechanisms. and anv other information pertinent to your request): Under the Nonadmitted and Reinsurance Reform Act (NRRA), as part of the Dodd-Frank Act and implemented in Insurance Code Section 1765.1, "alien" nonadmitted insurers listed on the NAIC's (National Association of Insurance Commissioners) Quarterly List of Alien Insurers are eligible to accept placements of California risks from surplus lines brokers. The federal action provides for the national listing, thereby allowing alien carriers to avoid individual tiling requirements in each state such as those to be included on the LASLI (formerly LESLI). As of January 30, 2012 Lloyds of London/Beazley syndicate voluntarily removed itself from the LASLI. electing to rely on inclusion on the Quarterly List of Alien Insurers to provide insurance for California risks from surplus lines brokers. Lloyds has made a filing in California that permits the Department of Insurance to "recognize" Lloyd's syndicates in the event of an inquiry from a broker or a member of the public. However, the extent to which standards for a surplus lines carrier on the LASLI (List of Approved Surplus Lines Insurers) versus those on the Quarterly List of Alien Insurers is unclear as of the writing of this waiver and in recent articles appearing in the Insurance Journal it appears that the state's implementing legislation has resulted in issues that may need to be resolved in court. In any case, there is confusion among brokers and clients because there arc now 2 lists in the state. one with ··approved" surplus lines carriers and the other, the national list of"eligible" surplus lines carriers. Apparentlv Lloyds is trying to work with the state to sort out some ofthe confusion ad it can be anticipated that there will be more to come on this matter. In the meantime, Lloyds of London/Beazley syndicate has and continues to be the carrier f{)r Atkins North America for its professional liability insurance, it was on the LASLI until it requested removal. and it is the carrier for the contractor with significant ongoing projects in the City. It is requested Lloyds of London/Beazley syndicate be accepted as the carrier for professional liability insurance for Atkins North America. Approved by Risk Manager for these 2 contracts only: (Signature) H:\WOR[)\Insurance\Admin Order 1168 waiver modifY insumncc requircmcnt~.doc 06115/2006