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GHD Inc; 2018-01-10; TRAN1651
DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR ENGINEERING SERVICES FOR BEACH ACCESS REPAIRS ALONG CARLSBAD BLVD. FROM PINE AVE. TO TAMARACK AVE. GHD, INC. A This Amendment No. 1 is entered into and effective as of the J}t::fu day of \?1, \ , 2020, extending and amending the agreement dated January 10th, 2018 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and GHD, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for engineering services for Beach Access Repair. RECITALS A. The parties desire to extend the Agreement for an additional three (3) year period and amend the original Agreement to add additional professional engineering services; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed seven hundred twenty thousand dollars ($720,000). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed two hundred twenty thousand dollars ($220,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by May 8, 2023. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill April 21, 2020 Item #3 Page 5 of 21 DocuSign Envelope ID: 463FE45C-8445-4E0B-878E-D84D65048D0C 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR GHD, Inc., a California corporation By: (sign here) Greg Watanabe, Vice President (print name/title) By: (sign here) J. Duncan Findlay, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Matt Hall, Mayor ATTEST: ~ £J11cJtl_,; jP"'8arbara Engleson, 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: ___ 'Z... __ ~_? ____ _ Assistant City Attorney April 21, 2020 Item #3 Page 6 of 21 EXHIBIT “A” SCOPE OF SERVICES AND FEE DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C April 21, 2020 Item #3 Page 7 of 21 CITY OF CARLSBAD – ENGINEERING SERVICES FOR BEACH ACCESS REPAIRS ALONG CARLSBAD BOULEVARD FROM PINE AVE TO TAMARACK AVE PROJECT SCOPE – ADDENDUM 1 March 24, 2020 GHD 9370 Sky Park Court Suite 140 San Diego California 92123 USA T 858 244 0440 F 858 244 0441 W www.ghd.com PHASE 1 – PRELIMINARY ENGINEERING TASK 1 PRELIMINARY EFFORTS The purpose of the Investigations task is to collect more detailed information by reviewing project related documents and performing investigations as needed to accomplish the project goals. 1.1 Kickoff Meeting (completed) (requesting supplemental fee for additional meetings) Upon notification to proceed (NTP), GHD’s Project Manager will schedule a Kickoff Meeting with the City to review project needs/requirements and affirm project goals, and get a thorough understanding of the City’s expectations in relation to the project objectives, priorities, and schedule. Project specific criteria/requirements will also be discussed such as; limitations with regard to the alteration of specific infrastructure or existing conditions and movements, the extent that the various portions of the facility need to remain in use during construction, and coordination with State Parks. Deliverable: Kickoff Meeting Agenda and Minutes 1.2 Document Review (completed) Our team will review as-built record drawings, and previous studies and reports related to the project. For example, KTUA will conduct a document review of planting as-built documents, environmental reports, City memos, addendums and other relevant material and includes a total of one (1) site investigation meeting to assess the current condition of the planting and irrigation system. This task also includes coordination and review of landscape and irrigation plans with the City and State of California's Parks and Recreation Department for substantial conformance to previous approvals regarding slope restoration and right of access to state jurisdictional lands for this restoration. Deliverable: Findings Memo (KTUA submitted 2/15/2019) 1.3 Geotechnical Basis of Design Report (completed) Based on a review of the City’s Municipal Code, specifically Chapter 21.204.110, geotechnical reports are required for all coastal shoreline development. A review of available past reports and geotechnical investigations will be performed by our team member TerraCosta Consulting Group to analyze existing data and provide recommendations for the proposed repairs and measures to stabilize the existing structures. TerraCosta will then prepare a Geotechnical Basis of Design Report summarizing the geotechnical conditions comprising the coastal bluff. The brief report will provide geotechnical design criteria to support proposed structural engineering solutions for repair or replacement of the existing beach access elements. Deliverable: Geotechnical Basis of Design Report (will resubmit with 50% plan set) DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C IIIIUUU co ■,u, , .. ISO 9001 (IIGINIUUIG OISIC:.W April 21, 2020 Item #3 Page 8 of 21 Structural Engineering Services for Beach Access Repairs 2 1.4 Aerial / Topographic Survey (completed) (requesting additional scope and fee for widening) ALTA Land Surveying will perform both an aerial and topographic survey of the bluff and surrounding areas from Pine Avenue to Tamarack Avenue, tied to a local City horizontal and vertical control. The survey team will field locate existing monuments to establish record boundary lines, and a ground survey will be performed to pick up key information that the aerial survey could not see. All surveys will be based on City of Carlsbad standards and delivered in an AutoCAD format using NAD '83 horizontal and NGVD '29 vertical datum including. The complete aerial/topographic survey will show elevation contours at 1-foot intervals. ALTA Land Surveying will provide additional survey along Carlsbad Blvd, from Pine Ave to Cherry Ave. Deliverable: (submitted 4/20/2019) Electronic copies of the survey will be available in AutoCAD format. 1.5 Utilities Investigation (completed) GHD will conduct a utilities investigation immediately after project NTP which will include direct coordination with utility companies in the area and collection of as-built information. All known utilities within the project area will be contacted, informed of the project and asked to identify their facilities. All utility information collected will be included in an electronic reference file for use during design development. Deliverables: (submitted 4/20/2019) Correspondence with utility companies Digitized as-built plans AutoCAD utility reference file to be used in project development 1.6 Structural Investigation (mostly completed except seawall core – request omit from scope) (requesting additional scope and fee for widening) GHD will perform a follow up structural investigation to the TTG Structural Evaluation that will include our findings and maintenance, repair and replacement recommendations based on our own assessment of the project structural elements. This assessment will include obtaining two (2) concrete cores from the precast double-tees and one (1) from the seawall to obtain the compression strength, surface resistivity, chloride profile and depth of carbonation of the concrete. GHD’s corrosion and structural engineers will analyze the data to identify the concrete composition, depth of carbonation, chloride ion penetration depths, and other mechanisms of concrete degradation. GHD will perform a preliminary structural analysis to confirm that the elevated upper sidewalk could be widened by 1.5 feet (from Pine Ave to Maple Ave). GHD will formalize this analysis to include the proposed cantilever portion of the upper sidewalk on grade (between Maple Ave and Cherry Ave) and provide the City with a memo signed by a Structural Engineer. Deliverable: Structural Investigation Technical Memorandum DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C~, § i1 April 21, 2020 Item #3 Page 9 of 21 Structural Engineering Services for Beach Access Repairs 3 o Add Upper Sidewalk Widening Structural Analysis Memo and Calculations 1.7 Alternatives Development (completed) If requested, GHD will explore various alternatives for the geometry and aesthetics of the beach access stairways and railings. Alternatives Development will include the following; Develop initial maintenance, repair and replacement concepts for the various elements of the project, with emphasis on key features such as the elevated platforms, stairways and railings, and promenade and seawall. Present concepts to City staff for review and refinement prior to presentation at the various public outreach, stakeholder and agency meetings. Perform a rough order of magnitude cost estimate for each of the conceptual design alternatives. Attend one (1) meeting with City staff to review alternatives (attended Deliverables: Conceptual Design Alternative Exhibit (exhibits and presentation provided 4/16/2019) Cost Estimates (in various memos) 1.8 Refine Alternatives / Value Engineering (requesting additional scope and fee for widening) From feedback from the community, GHD will refine the alternatives for the project and conduct a value engineering effort to quantify the costs and benefits of the beach access repair and improvement options to carry forward into the next iteration of stakeholder outreach, an initial consultation meeting with the various permitting agencies. After further coordination with the City Public Works and Planning Department staff, the GHD team will refine and value engineer the alternatives in preparation for presenting the project at subsequent Parks and Recreation and Planning Commission Meetings for further input. As a result of these meetings, we envision that a preferred alternative will be developed. GHD will estimate the additional cost of widening the upper sidewalk by 1.5 feet towards the bluff as compared to the overall cost of the elevated upper sidewalk. GHD will additionally develop and evaluate alternatives to widen the upper sidewalk towards Carlsbad Boulevard, from Pine Ave to Cherry Ave, including removing sections of the raised median and shifting the car/bike travel lanes. GHD will compare the benefits of replacing the existing metal beam guardrail with traffic rated bollards. GHD will compare the costs and benefits of replacing existing vertical picket railing with new cable railing. Deliverables: o Documentation of cost analysis performed during the Conceptual Design process Establish preferred alternative for project (submitted sidewalk widening memo 2/14/2019) o Add VE for upper sidewalk widening towards bluff and Carlsbad Blvd o Add VE for bollards vs metal beam guardrail DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C April 21, 2020 Item #3 Page 10 of 21 Structural Engineering Services for Beach Access Repairs 4 o Add VE for upper sidewalk railing (cable railing vs existing vertical picket) 1.9 Outreach Support and Visual Simulations (requesting additional scope and fee for widening) If needed, KTUA will prepare a total of two (2) visual simulations for use in the CEQA documents. A Schematic Site Plan will be produced as a graphic presentation in plan form showing the overall site and general features, landscape areas, overlooks, bioswales, pedestrian promenade, and walkways. This task includes various exhibit boards, plant palette and photos to assist in describing the initial design intentions and areas as required. KTUA will revise two (2) of visual simulations and generate two (2) new visual simulations To show the 1.5 foot widened sidewalk towards the bluff and widened 3 to 5 feet into Carlsbad Blvd in the north half of the project The widened area may include new handrail designs, pavement enhancements, new seating areas, and potential branding and signage areas. Deliverables: Prepare Fact Sheets and Foam Board Displays for public meetings o Two (2) visual simulations utilizing 3D model and candidate key view photos o One (1) Schematic Site Plan (SP) at 1” = 80’ scale o Two (2) supporting image sheets showing landscape and hardscape suggestions Attending two (2) City organized meetings Supplying the City communication department with information to post on the City’s website Present at Parks & Recreation and Planning Commission Meetings 1.10 Prepare Viewshed Analysis (requesting additional scope and fee for widening) If needed, KTUA will support the CEQA and permitting efforts for visual / aesthetic / light and light and glare studies for the overall project and produce a visual impact assessment technical study. This technical study will include maps and diagrams for visual character. We will include time to prepare visual character, view and landform mapping, and summarize guidance from adopted plans and standards. We will also include time for preparation of visual assessment units, the identification of viewer groups, and to document the sensitivity and contrast with the existing environment. KTUA will revise viewshed analysis to account for widening of upper sidewalk. Deliverables: - One (1) viewshed analysis map - One (1) vegetation shading analysis memo - One (1) screen check technical study 1.11 Perform Slope Shading Study (requesting additional scope and fee for new task) KTUA will study shading and provide a memo summarizing impacts to vegetation at top of slope due to widening of upper sidewalk, and address City comments of draft study. GHD will review memo. DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C April 21, 2020 Item #3 Page 11 of 21 Structural Engineering Services for Beach Access Repairs 5 PHASE 2 – PERMITTING (requesting additional scope and fee for upper sidewalk widening and need for MND – see attached VCS revised scope of work) 1.7 CA State Parks Coordination and Review (requesting additional scope and fee for new task) GHD will assist the City with addressing State Parks requests and review comments as related to the project. 2.2 Permanent BMPs (requesting additional scope and fee for new task) GHD will modify the drawings to provide permanent Best Management Practices (BMPs) along the length of Carlsbad Blvd. within the limits of the project. Permanent BMPs may include catch basin filters, screens or other long-term measures to improve water quality downstream of the project. PHASE 3 – ENGINEERING SERVICES TASK 1 50% DESIGN DEVELOPMENT (requesting additional scope and fee for widening) The GHD team will develop the design and associated plan set to the 50% level for all disciplines. This level of design will include plan and profile views, typical sections, preliminary details, an outline of specifications, and a preliminary construction cost estimate. This effort includes one (1) design/partnering meeting with the City, and four (4) phone design/partnering conferences. The GHD team will maintain close coordination with staff to resolve questions and key issues so that the project can proceed as scheduled. This effort also includes in-house team project management and QAQC review. As part of the additional work proposed for Addendum 1, GHD will: modify approximately 4 to 6 sheets to better show the widened elevated upper sidewalk 1.5 feet towards the bluff between Pine Ave and Maple Ave add 2 sheets to provide a typical layout and performance specifications for under rail lighting add 4 sheets for the widening of the upper sidewalk 1.5 feet towards the bluff between Maple Ave and Cherry Ave add 10 sheets to show the upper sidewalk widened 3 to 5 feet inland by reducing the size of the raised median on Carlsbad Blvd between Pine Ave and Maple Ave (restriping the two southbound travel lanes in the process). Detail sheets will include curb and gutter KTUA will assist with Bike Lane Design requirements and assist with production/review of needed sheets. Deliverables: - Produce 50% Drawings and Exhibits - Outline Specifications (Table of Contents) - 50% Cost Estimate Assumptions: DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C April 21, 2020 Item #3 Page 12 of 21 Structural Engineering Services for Beach Access Repairs 6 - Comments from the City will be limited to one (1) round of consolidated comments to be addressed for the 90% submittal TASK 2 90% DESIGN DEVELOPMENT (requesting additional scope and fee for widening) The GHD team will advance the design and associated plan set to the 90% level for all disciplines, and all aspects of the design will be further developed resulting in a PS&E package that is essentially complete and includes all elements needed for construction. Supplemental reports and other supporting calculations will be updated and resubmitted as part of the 90% PS&E submittal package. We will provide a formal comment resolution table identifying all design review comments received on the design plans and submitted reports. The Cost Estimate will be revised to incorporate any changes from the 50% submittal. This effort includes eight (8) phone design/partnering conferences and one (1) in-person team meeting with the City. Same additional work proposed for Addendum 1 as in 50% Design Development Deliverables: - 90% Drawings and Technical Specifications - 90% Cost Estimate Assumptions: - Comments from the City will be limited to one (1) round of consolidated comments to be addressed at the 100% submittal - Analytical test for agricultural suitability of soil samples and planting amendment recommendations prepared by a licensed soils testing laboratory are available. TASK 3 100% CONSTRUCTION DOCUMENTS (requesting additional scope and fee for widening) The GHD team will advance the design and associated plan set to the 100% level for all disciplines, and will provide a formal comment resolution table identifying all design review comments received. We will update the construction documents based on the agreement and resolution of comments for final submittal of sealed plans and specifications to the City. This submittal will represent the final contract documents that will be issued for bid and construction. Same additional work proposed for Addendum 1 as in 50% Design Development Deliverables: - 100% Drawings (wet signed on mylar), Technical Specifications and Construction Cost Estimate - Bid Schedule Assumptions: - Frontend ‘boiler plate’ specifications will be provided by the City, with limited input required from the GHD Team. - The City will produce the complete final bid set of project drawings and specifications for the project for distribution to potential bidders. DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C April 21, 2020 Item #3 Page 13 of 21 Structural Engineering Services for Beach Access Repairs 7 ADDENDUM 1 – NEW LIST OF SHEETS Sheet Description # of Sheets Drawing Scale Title / Key Plan / Phasing 4 NTS Boring Logs 2 NTS Site Plan / Horizontal Control 6 1” = 20’ Demolition Plans 6 1” = 20’ Erosion Control 6 1” = 20’ Stair Landing Plan 5 1” = 5” Stair Landing Details 4 Varies Railing Details 3 Varies Railing Lighting Details (Add 1) 2 Varies Upper S/W Repair Plans 4 1” = 10’ Upper S/W Plans (Add 1) 2 1” = 10’ Upper S/W Details (Add 1) 2 Varies Miscellaneous Repair Details 4 Varies Carlsbad Blvd Civil (Add 1) 3 1” = 20’ Carlsbad Blvd Striping (Add 1) 1 1” = 40’ Carlsbad Blvd Details (Add 1) * 4 Varies Landing Architectural Layout 4 1” = 5” Landing Architectural Details 3 Varies Landscape Plan 6 1” = 20’ Landscape Schedule/Details 3 Varies Irrigation Plan 6 1” = 20’ Irrigation Schedule / Details / Calcs 8 Varies Total Number of Sheets: 88 * Carlsbad Blvd Add 1 Detail Sheets Should Include: 1 Sheet for Pavement, Sidewalk & Curb and Gutter 1 Sheet for Traffic Rated Bollards 1 Sheet for ADA Curb Ramp & SD Inlet Modification 1 Sheet for Sidewalk & Misc Details DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C~, § i1 April 21, 2020 Item #3 Page 14 of 21 Structural Engineering Services for Beach Access Repairs 8 PHASE 4 – BIDDING AND CONSTRUCTION TASK 1 BID SUPPORT SERVICES After the completion of the construction documents, the design team will support the City during the bidding stage. The GHD Team will be available to provide the following Bid Support Services: - Attend Pre-Bid Meeting - Preparation of Bid Addenda - Prepare responses to bidder questions TASK 2 CONSTRUCTION SUPPORT SERVICES Our Team’s approach during the Construction Phase commences upon selection of a Construction Contractor and continues through Project completion. Deliverables: - Attend Pre-Construction Meeting - Review Shop Drawings and Materials Submittals - Respond to Contractor RFIs - Prepare As-Built (Record) Drawings based on Contractor markups - Our Team will provide up to two (2) site observations related to the construction - One (1) landscape pre-maintenance meeting - One (1) final walk-thru with the City. DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C April 21, 2020 Item #3 Page 15 of 21 AMENDMENT TO AGREEMENT FOR ADDITIONAL SERVICES This Amendment to the prime Agreement, by and between the Landscape Architect, KTUA, and the Client, GHD, the project titled, Carlsbad Beach Access Repair, is hereby executed by both parties prior to the performance of the additional services by the Landscape Architect, as defined in the prime Agreement, and as described herein. This Amendment hereby acknowledges the Client's obligation of payment for the additional services in accordance with the prevailing terms and rates of the prime Agreement. Person Requesting Service: Mr. Robert Sherwood Project Title: Carlsbad Beach Access Repair Job Number: 018-010 Description of Additional Services Agreed Upon: This proposal is based on a revision to the project site, the widening of the upper sidewalk addition. This amendment scope and fee is based on the following assumptions: · Phone Conf Meeting, Coordination & Project Management · Revision of two (2) of visual simulations and generate two (2) new visual simulations o To show the 1.5’ widened sidewalk to 5’ into Carlsbad Blvd in the north half of the project o The widened area may include new handrail designs, pavement enhancements, new seating areas, and potential branding and signage areas. · Bike Lane Design and requirements for the south bound lane on Carlsbad Blvd. o Adding 4 to 6 roadway sheets (from SD thru CD’s) Compensation: This additional phase of work will be billed as a time and materials not to exceed Twenty-four Thousand, Nine Hundred and Fifty dollars ($24,950.00), unless noted otherwise by client, as detailed below: Reimbursable Costs: All reimbursable costs, as described in the prime Agreement and that are directly attributable t\\o this Amendment, shall be charged in accordance with the terms of the prime Agreement. Approved and Authorized by the Client: GHD Representative (Print) Date Signature Landscape Architect: Mike Singleton Principal 3-24-2020 Name (Print) Title Date of Amendment Signature The Landscape Architect considers these additional services pre-authorized, and in the absence of contrary direction from the Client within 10 days of the date of this Amendment, this Amendment shall be considered as a binding Amendment to the prime Agreement. DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C ktu a 3916 Normal Street San Diego, CA 92103 619.294.4477 www.ktua.com PLA 2342 • 2386 • 2500 April 21, 2020 Item #3 Page 16 of 21 VCS Environmental provides CEQA/NEPA, Regulatory, Biological & Cultural Services 30900 Rancho Viejo Road, Suite 100, San Juan Capistrano, CA 92675 | 949.489.2700 vcsenvironmental.com March 19, 2020 TO: Robert Sherwood FROM: Julie Beeman SUBJECT: CARLSBAD BEACH ACCESS REPAIR CHANGE ORDER Attached please find a change order for Vandermost Consulting Services, Inc. doing business as VCS Environmental to continue to assist you and the City of Carlsbad with preparation of a CEQA document for the Beach Access Repair project. The attached estimate is additive to our existing authority. Our existing authority includes specific studies for preparation of the CEQA project description, noise and air quality, internal initial study funding, and biological/archeological/tribal monitoring. Additionally, our permitting and coordination task number 1.3 will be utilized to help fund the preparation of the IS/MND in order to keep the change order costs down. We will also combine the remaining $3,993 in tasks 1.2 Technical Studies, 1.2 Permitting and 1.3 Meetings and consolidate it to a new task 1.7 for Outreach Meetings so we can assist you as needed. A copy of our latest invoice is attached with notes to illustrate the consolidation of the tasks as described above. Please do not hesitate to contact me with any questions. Thank you for the opportunity to serve GHD and the City of Carlsbad. DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C (■i VCS Environmental , • EXPERTS IN STRATEGIC SOLUTIONS April 21, 2020 Item #3 Page 17 of 21 VCS Environmental provides CEQA/NEPA, Regulatory, Biological & Cultural Services 30900 Rancho Viejo Road, Suite 100, San Juan Capistrano, CA 92675 | 949.489.2700 vcsenvironmental.com SCOPE OF WORK TASK 1 ‐ Initial Study Mitigated Negative Declaration VCS will prepare an IS/MND in accordance with State CEQA Guidelines. The scope assumes $ 5,656.00 of remaining budget would be used to prepare the IS/MND. TASK 1A: Revised Project Description VCS will prepare a revised project description. The project description will include the following and will be coordinated with GHD; preparation of construction phasing plan and description of each construction activity for each phase, listing of construction equipment and hours of operation. The scope assumes $1,948 of remaining budget would be used to prepare revised project description. TASK 1B: Preparation of Draft Initial Study/Mitigated Negative Declaration (IS/MND) VCS will prepare the Draft IS/MND in accordance with State CEQA Guidelines. The IS/MND will evaluate short‐term construction impacts long term impact and cumulative impacts associated with implementation of the project. Supporting technical studies will be summarized and incorporated into the Draft IS/MND. A Screen‐Check Draft IS/MND or IS/ND will be provided to City staff for review and comment. Coordinating with the City of Carlsbad, VCS will prepare a public review distribution list that will include responsible and reviewing agencies, non‐governmental organizations and members of the public. TASK 1C: Preparation of Response to Comments on Draft IS/MND VCS will prepare responses to all public comments received on the Draft IS/MND. A draft of the response to comments will be provided to City Staff for review. Based on comments received from City Staff final response to comments will be prepared and will be included in the technical appendices of the Final IS/MND. Assumes up to 10 hours of time to prepare response to comments. TASK 1D: Preparation of Mitigation Monitoring Report In accordance with CEQA guidelines, VCS will prepare a Mitigation Monitoring and Reporting Program (MMRP). The MMRP will incorporate all mitigation measures identified in the Draft IS/MND, including identification of responsible agencies for implementation and timing when mitigation measures are required to be implemented. TASK 1E: Preparation of Final Mitigated Negative Declaration VCS will prepare and Final Initial Study/Mitigated Negative Declaration, which will include the Draft IS/MND, Comments received on the Draft IS/MND, Responses to Comments on the Draft IS/MND and the MMRP. The Final IS/MND will be submitted to the City for adoption. After adoption of the Final IS/MND, VCS will prepare a Notice of Determination and file it with the State Clearinghouse and County Clerk. The task does not include California Department of Fish and Wildlife and County of San Diego processing fees. DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C (.; VCS Environmental ..... EXPERTS IN STRATEGIC SOLUTIONS April 21, 2020 Item #3 Page 18 of 21 VCS Environmental provides CEQA/NEPA, Regulatory, Biological & Cultural Services 30900 Rancho Viejo Road, Suite 100, San Juan Capistrano, CA 92675 | 949.489.2700 vcsenvironmental.com TASK 2 ‐ Technical Reports TASK 2A: Preparation of Energy Report December 2018 amendments to the CEQA Guidelines requires that energy impacts be analyzed in all CEQA documents. Energy report will be prepared that will quantify energy demands and compliance with local and state energy reduction plans programs. TASK 2B: Update Biological Resources Report VCS will update and finalize the Biological Technical Report based on revised project description. TASK 2C: Update Cultural Resources Report VCS will update Cultural Resources Report based on revised project description. TASK 3 ‐ Project Management, Coordination Meetings VCS will conduct general project management duties and other coordination during the execution of all VCS tasks associated with the project. The scope assumes $2,438.00 of remaining budget for meetings would be used for Task 4. This task includes internal team coordination and phone calls, as well as limited coordination with agencies if needed to discuss the project’s environmental document, review of required technical studies. Also included in this task is limited coordination time for VCS to work with GHD and the City to acquire a CDP for the project; however, this scope assumes that the City will lead the development of the CDP application and any other documentation or outreach required to acquire the CDP. This scope assumes VCS staff attendance at the following: One project kickoff meeting; One public outreach meeting, One Planning Commission; and One additional meeting at the City. This scope assumes that any preparation for public meetings, such as drafting and printing of boards, meeting minutes, agendas, as well as public notifications and other associated outreach tasks, would be conducted by the City, GHD, or another subconsultant on the team. ** All costs listed in cost proposal are in addition to the previous remaining budget. DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0C (.; VCS Environmental ..... EXPERTS IN STRATEGIC SOLUTIONS April 21, 2020 Item #3 Page 19 of 21 Task # Task / ItemTech Study Cost Fee (other) President $ 250 Director $ 215 Project Manager $ 165 Project Coordinator $ 140 Production Coordinator $ 115 Total Costwith Fees Hr. Fee Hr. Fee Hr. Fee Hr. Fee 1 IS/MND $14,780 aRevise Project Description $ ‐ $ ‐ $ ‐ 4 $ 860 $ ‐ 3 $ 420 $ ‐ $1,280 bPrepare IS/MND $ ‐ $ ‐ 2 $ 500 26 $ 5,590 $ ‐ 14 $ 1,960 10 $ 1,150 $ 9,200 cRespond to IS/MND comments $ ‐ $ ‐ $ ‐ 10 $ 2,150 $ ‐ $ ‐ $ ‐ $2,150 dPrepare MMRP $ ‐ $ ‐ $ ‐ 4 $ 860 $ ‐ $ ‐ $ ‐ $860 eFinalize IS/MND $ ‐ $ ‐ $ ‐ 6 $ 1,290 $ ‐ $ ‐ $ ‐ $1,290 2 Technical Reports $13,810 aVCS Review and coordination of technical reports and edits $ ‐ $ ‐ $ ‐ 15 $ 3,225 $ ‐ $ ‐ $ ‐ $3,225 bEnergy Report (Sub ‐ Birdseye) $ 900 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $900 cUpdate and Finalize Biological Resources Report $ ‐ $ ‐ $ ‐ 6 $ 1,290 23 $ 3,795 5 $ 700 $ ‐ $5,785 dUpdate Cultural Resources Report $ ‐ $ ‐ 12 $ 2,580 $ ‐ $ ‐ $ ‐ $ 2,580 eAerial Drone Mapping $ ‐ $ ‐ 8 $ 1,320 $ ‐ $ ‐ $ 1,320 3Management / Coordination $6,360 aProject management and coordination $ ‐ $ ‐ 2 $ 500 24 $ 5,160 $ ‐ 5 $ 700 $ ‐ $6,360 4 Reimbursable (estimated) $1,250 aPreparing 50 CDs, Mailings, Mileage $ 1,250 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 1,250 Subtotal $ 36,200 ** The cost listed above are in addition to the previous remaining budgetTOTAL FOR VCS SERVICES $ 36,200 Assumptions: •Assumes that a detailed project descripƟon will be provided prior to start of work. Changes in project descripƟon aŌer VCS commences work may require a change order. •Assumes City will lead the Coastal Development Permit (CDP) process, including development and processing of any required applica. ons. •Assumes City, State Parks, Coastal Commission, and other key stakeholders will concur that an IniƟal Study/Mi g ated Nega ve DeclaraƟon is the appropriate level of CEQA documentaƟon. •Assumes City, State Parks, Coastal Commission, and other key stakeholders will concur that environmental technical studies not explicitly listed above will not be required in support of the IS/MND. Also assumes that level of documentaƟon (i.e. leƩer report)requested by City in this revised scope/ fee estimate will be acceptable to other key stakeholders. •Assumes that the City, GHD, or other enƟty (not including VCS) pays the CDFW CEQA Environmental Document Filing Fee and county clerk processing fee (if needed). •Assumes that the City will dra any addiƟonal planning documents that may be required for consistency with the City's General Plan, Specific Plan, etc. •Assumes that the City or GHD would be responsible for developing a land use review applicaƟon form (if needed); coordinaƟng all public outreach, mailers, noƟces, including early public noƟce/onsite project noƟcing; habitat management plan permits (ifneeded); etc. •This scope does not include any regulatory permiƫng or permit implementa on (i.e. conserva on easement, mi g aƟon implementa on) or permit filing fees. •Assumes VCS will be provided with an aerial of the project site that is no more than 6 months old. If aerial is not available, VCS will require addiƟonal budget to map the project site with our drone. •Assumes that if needed, mi g aƟon would be purchased offsite by the City of Carlsbad through an agency approved miƟgaƟon bank. •Assumes no endangered, threatened or species of special concern or criƟcal habitat that require special surveys or regulatory authority impact occur on‐site.VCS Environmental ‐ Cost EstimateCity of Carlsbad Beach Access Repair(updated 1/17/2020)1DocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0CApril 21, 2020Item #3 Page 20 of 21 ENGINEERING SERVICES FOR BEACH ACCESS REPAIRS ALONG CARLSBAD BOULEVARD FROM PINE AVE TO TAMARACK AVE Date: 3/17/2020PHASE / TASKTask DescriptionPrincipal F2 (Authorized Signatory)Principal - QC ManagerEngineer E2 (Project Manager)Engineer D3 (Senior Engineer)Senior Scientist E1 (Permitting Specialist)Engineer C3 (Project Engineer)Engineer B3 (Staff Engineer)Engineer B1 (Staff Engineer)Engineer A3 (CAD Designer)Admin SupportTotal GHD HoursGHD Labor COSTSKTUA(Planning and Landscape Architecture)VCS(Environmental Planning)TerraCosta(Geotechnical Engineering)Alta Land Surveying (Engineering survey)Tourney Consulting Group(Materials Testing Lab)Total FeePresident (VCS Environmental)Director (VCS Environmental)Project Manager (VCS)Project Coordinator (VCS)Production Coordinator (VCS)Archaeo Monitor (VCS)Tribal Monitor (VCS)Principal (KTUA)Senior Associate (KTUA)Associate (KTUA)Senior Designer (KTUA)Designer/Planner (KTUA)Clerical/Admin (KTUA)225 225 190 195 185 165 140 125 115 80250 215 165 140 115 95 80 175 145 125 115 105 80/HR /HR /HR /HR /HR /HR /HR /HR /HR /HRIncluding 0% Markup/HR /HR /HR /HR /HR /HR /HR /HR /HR /HR /HR /HR /HRPHASE 1Task 1 PRELIMINARY1.01 Meetings & Coordination 24 24 $ 4,560 $ 2,990 $ - $ - $ - $ - $ 7,550 12 101.04 Aerial/Topo Survey $ - $ 125 $ - $ - $ 8,000 $ - $ 8,125 11.05 Utilities Investigation81220 $ 3,500 $ - $ - $ - $ - $ - $ 3,500 1.06 Structural Investigation2 10 1022 $ 4,300 $ - $ - $ - $ - $ - $ 4,300 1.08 Refine Alternatives / Value Engineering4 1212432 $ 5,540 $ 2,000 $ - $ - $ - $ - $ 7,540 161.09 Outreach Support and Visual Simulations2424 $ 4,560 $ 1,290 $ - $ - $ - $ - $ 5,850 2 81.10 Viewshed Analysis $ 830 $ - $ - $ - $ - $ 830 4 21.11 Slope Shading Study4 48 $ 2,660 $ - $ - $ - $ - $ 2,660 8 12Subtotal2 74 26 24 4 130 $ 22,460 $ 9,895 $ - $ - $ 8,000 $ - $ 40,355 26 49 PHASE 2Task 1 PERMITTING1.1 Project Description 20424 $ 4,540 $ - $ 1,280 $ - $ - $ - $ 5,820 431.2 Technical Studies448 $ 1,500 $ - $ 12,910 $ - $ - $ - $ 14,410 33 31 51.3 Permitting Coordination and Meetings402464 $ 12,040 $- $ 6,360 $ - $ - $ - $ 18,400 2 2451.6 Develop Internal Initial Study / MND / MMRP161632 $ 6,000 $- $ 13,500 $ - $ - $ - $ 19,500 2 4614 101.7 CA State Parks Coord and Review20124 36 $ 6,340 $ - $ - $ - $ - $ - $ 6,340 Subtotal100 60 4 164 $ 30,420 $ - $ 34,050 $ - $ - $ - $ 64,470 4 107 31 27 10 Task 2 SWPPP2.2 Permanent BMPs2 12 8202062 $ 9,390 $ - $ - $ - $ - $ - $ 9,390 Subtotal2 12 8 20 20 62 $ 9,390 $ - $ - $ - $ - $ - $ 9,390 PHASE 3Task 1 50% DESIGN DEVELOPMENT1.1 Produce 50% Drawings and Exhibits2 4 80 604080266 $ 44,050 $ 6,930 $ - $ - $ - $ - $ 50,980 1 9 16 30Subtotal4 80 60 40 80 266 $ 44,050 $ 6,930 $ - $ - $ - $ - $ 50,980 1 9 16 30 Task 2 90% DESIGN DEVELOPMENT2.1 Produce 90% Drawings and Exhibits2 4 40 242040130 $ 21,530 $ 4,930 $ - $ - $ - $ - $ 26,460 1 6 9 24Subtotal4 40 24 20 40 130 $ 21,530 $ 4,930 $ - $ - $ - $ - $ 26,460 1 6 9 24 Task 3 100% CONSTRUCTION DOCUMENTS3.1 100% Construction Drawings2 4 40 242040130 $ 21,530 $ 2,980 $ - $ - $ - $ - $ 24,510 1 4 4 15Subtotal4 40 24 20 40 130 $ 21,530 $ 2,980 $ - $ - $ - $ - $ 24,510 1 4 4 15 Phase 51.1 Reimbursable Expenses (Design and Permitting) $ 1,470 $ 215 $ 2,150 $ - $ - $ - $ 3,835 Subtotal $ 1,470 $ 215 $ 2,150 $ - $ - $ - $ 3,835 3 16 346 142 60 104 20 184 4 882 $150,850 $24,950 $36,200 $8,000 $ 220,000 4 107 31 27 103 45 78 69GHD - Compensation and Fee Schedule (Addendum 1)CITY OF CARLSBAD - BEACH ACCESS REPAIRS ALONG CARLSBAD BLVDTotal Cost - Phases 1 to 5PRELIMINARY ENGINEERING PERMITTINGENGINEERING SERVICESREIMBURSABLE EXPENSESSubconsultantsDocuSign Envelope ID: 463FE45C-B445-4E0B-B7BE-DB4D65048D0CApril 21, 2020Item #3 Page 21 of 21 TRAN1651 AGREEMENT FOR ENGINEERING SERVICES FOR BEACH ACCESS REPAIRS ALONG CARLSBAD BLVD. FROM PINE AVE. TO TAMARACK AVE. GHD, INC. THIS AGREEMENT is made and entered into as of the l O ~ day of J d V\V\.e\~ , 20J1, by and between the CITY OF CARLSBAD, a municipal corporation, ("City")~ GHD, Inc. a California Corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in engineering and environmental analysis. B. Contractor has the necessary experience in providing professional services and advice related to engineering and environmental analysis. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of eight hundred fifty (850) days from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed Five Hundred Thousand dollars ($500,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent ( 10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the City Attorney Approved Version 9/27/17 January 9, 2018 Item #3 Page 5 of 27 contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally ·. requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 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' City Attorney Approved Version 9/27/17 2 January 9, 2018 Item #3 Page 6 of 27 compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VI I"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional ins~red. 11.1.1 Commercial General Liability Insurance. $2,000,000 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. 11.1 .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. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 9/27/17 3 January 9, 2018 Item #3 Page 7 of 27 Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-602-7558 TRAN1651 Phone No. 949-648-5262 Email robert.sherwood@ghd.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes~ No D 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned City Attorney Approved Version 9/27/17 5 January 9, 2018 Item #3 Page 9 of 27 by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deducf from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litlgation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. City Attorney Approved Version 9/27/17 6 January 9, 2018 Item #3 Page 10 of 27 TRAN1651 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR GHD, Inc. a California Corporation G/l.8:, WA-!ftt.JAB-C: V/t:=E /:tZ.Gs-/Z>e-"'r (print name/title) By: _j,~ --c: \ (sign here) \ ~. ""D If N~ ~N;)LA-'-\ S,-s< .. JlL1-tn\ (print name/title) ) CITY OF CARLSBAD, a municipal corporation of the State of California Ma H II Mayor ATTEST: Barbara 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:~~ Deputy City Attorney City Attorney Approved Version 9/27/17 7 January 9, 2018 Item #3 Page 11 of 27 EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version 9/27/17 8 January 9, 2018 Item #3 Page 12 of 27 ENGINEERING SERVICES FOR BEACH ACCESS REPAIRS ALONG CARLSBAD BOULEVARD FROM PINE AVE TO TAMARACK AVE ~ i Jl!I¥.II ~ t f ll ;f!il ·;·~·r # i J If~ j i i • ¥ i : : i 1 . 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'10 I f " " " JO " 30 , I • ' " ,. 2,4GS S b!m:mllli..™1.[£ .!!!Ii.I !'!e""~""'-.'1/;~1-~t--l"'?" 1-,, I 1.1 .._tl....CP~M~lll"'IJ 1.2 Pres:i1r.a.1~~ or Ui11 .._d<Mmfa 1.3 t::np~M.nl-:>Gli:LI""' I ~ -S 4,46D ' 2,lUO ffm 1, : ll OJ.•fon• !lublol'll :!i :!i -TU~:., .C~=::~;n~Tse,t~;~ r,r-1 ;,I -1 -.. /2S!ie\'h!ts ::1:.2 Re·.·1t1•.T1,~hop 011,W~11W1 Simmi1>:1:~ R1q::>ndlr,JWRF:•IJ1>1n Cc,ir,11cl:lf R1<.1.r<IDra,-l~ ~ 1.1J n,~t,ursabl&~i:1.-...K (Ot,slgri,i~~ P1rmi*ill) 1.2 RKnbu1.1!i&tifaf1nF.v. {B~ ~ .. ,, Ca,wJ,11:;II..,,,) ~! otal cOst-P·h.ases 1 lo ~ • • .. .... I 4-2 [341l 1.4 \ 304 n,i-,_o--4so l GG -I 140G ... • ~'6 ' 1,!'20 S ',.. $ 3.430 S ... . " • . -· • ·-' li.fl1fi S 2.875 S $ :):,6401' . ' ill.!. IE Men t 20,_5~ •• ,. ""I ' '·"''I' •, m ~.s . s • I S----=-Ti . ,, . I• -: ~uo fs 1106 ls ~ 1, · It $214,120) S7.4,5D6j U2,905}-s21Jfo)!14i8}0DI • 4,:,16, .... _,_....,., S 7,lOC • · 11. i 26,100 ~.•HS ",0,:\1~ -ri 2J,i:5 710 !_ 3,215 .J~?7!.!lllDJ 12 169 l 71 41 10 !L-.i... -. . 22 " 18 " " to '' I,, 1lG ( 207 [ 17'1 I January 9, 2018 Item #3 Page 25 of 27 Page 1 of 2 ACORD3 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 11/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT J'!AME: Willis of Massachusetts, Inc. ~~~t\: 1-877-945-7378 I FAX 1-888-467-2378 c/o 26 Century Blvd fA/C Nol: P.O. Box 305191 J~l~~ss: certificates@willis.com Nashville, TN 372305191 USA INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Allied World Assurance Company (U.S.) Inc. 19489 INSURED INSURERB: Zurich American Insurance Company 16535 GHD Inc. 4747 N. 22nd Street, Suite 200 INSURERC: Lexington Insurance Company 19437 Phoenix, AZ 85016 USA INSURERD: INSURERE: i INSURERF: COVERAGES CERTIFICATE NUMBER· W4352430 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR, TYPE OF INSURANCE ,, .. .,,.. '"n"' POLICY NUMBER IMM/DDIYYYYl IMM/DDIYYYYl ,x COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 ~ ~ CLAIMS-MADE 0 OCCUR ' DAMAGE TO RENTED PREMISES !Ea occurrence\ Is 1,000,000 A MED EXP (Any one person) I$ 25,000 -y y 12/01/2017 12/01/2018 0310-4497 PERSONAL & ADV INJURY $ 1,000,000 -Fl AUU"~~~ It: ~~M~~ APDS PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT ~_J LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY ·'"""' >-LIMIT $ 1,000,000 I~ o oee>rl~n!\ - X ANY AUTO I BODILY INJURY (Per person) s B -OWNED -SCHEDULED ' AUTOS ONLY AUTOS I BAP 3757423-02 ,07/01/2017 07/01/2018 BODILY INJURY (Per accident) $ -· HIRED -NON-0,\R>JED iP~?~fc\'Je~i?AMAGE X AUTOS ONLY X AUTOS ONLY $ -Coll Dec!, 500 -Comp Dec!, 250 X X Hired Physical Damag $ 100000 UMBRELLA LIAB MOCCUR EACH OCCURRENCE $ 2,000,000 A - X EXCESS LIAB , CLAIMS-MADE y y 0310-4498 12/01/2017 12/01/2018 AGGREGATE $ 2,000,000 OED I I RETENTION s $ WORKERS COMPENSATION 'XI PER I I OTH- AND EMPLOYERS' LIABILITY ' STATUTE : ER Y/N B 'ANYPROPRIETORIPARTNER/EXECUTIVE E] E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA y WC 0380936-02 07/01/2017 07/01/2018 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 II yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Professional Liab. 031710989 12/01/2017 12/01/20181 Claim/Aggregate 1,000,000.00 ' I i V DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GHD Project Number 8410676: La Costa Water Main Relocation Final Design, Agreement Number: UTIL1473. The City of Carlsbad is included as an Additional Insured as respects to General Liability where required by contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 ~rrvf~ New York, NY 10163-4668 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR IDi 15294805 BATCH, 510937 POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Location And Description of Completed Operations: All locations and completed operations where required by written contract Additional Premium: N/A (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations haz- ard". NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. Class Code: 21405 CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 D POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 240405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 240405 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 [j / Blanket Notification to Others of Cancellation or Non-Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Elf. Date of End. Producer No. BAP 3757423-02 7/1/2017 7/1/2018 7/1/2017 Add'I. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part 8 ZURICH Return Prem. A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-832-A CW (01 / 13) Page 1 of 1 POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV -Commercial General Liability Conditions is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies) or individual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Number of Days Advance Written Notice of Cancellation (Other Than Nonpayment of Entity or Individual Address Premium) Where required by written Where required by written 30 Days contract contract GL 00068 00 (03/11)