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HomeMy WebLinkAbout2002-06-04; City Council; Resolution 2002-1591 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 RESOLUTION NO. 2002-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES FOR APPROVAL AND AGREEMENT WITH DUDEK AND ASSOCIATES, INC., FOR THE SEGMENT, PROJECT NO. 3537. NORTH AGUA HEDIONDA INTERCEPTOR SEWER-EASTERN WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to enter into an agreement between Dudek and Associates, Inc., and the City of Carlsbad. California, Project No. 3537; and WHEREAS, Dudek and Associates, Inc., in performing the preliminary environmental and design services for the North Agua Hedionda Interceptor Sewer, is uniquely qualified to perform final permitting and design sewices for the Interceptor; and WHEREAS, the level of activity contained in the scope of the consultant agreement regarding CEQA is defined in (section) 15306 as Class 6, Information Collection, and is categorically exempt from CEQA; and WHEREAS, a mutually satisfactory fee for the services has been negotiated; and WHEREAS, funds have been appropriated in the 2001-02 Capital Improvement Program from sewer connection fees and sufficient funds are currently available; and WHEREAS, the consultant agreement with Dudek and Associates, Inc., has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the proposal by Dudek and Associates, Inc., in the amount of $64,355 for the permitting and design of the North Agua Hedionda Interceptor Sewer-Eastern Segment is accepted and Ill Ill Ill Ill Ill I approved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Mayor of the City of Carlsbad is authorized and directed to execute the agreement between Dudek and Associates, Inc., and the City of Carlsbad for the environmental documentation, permitting, and design of the North Agua Hedionda Interceptor Sewer-Eastern Segment in the City of Carlsbad. 11 held on the 4th day of JUNE , 2002 by the following vote, to wit: PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council AYES: Council Members Lewis, K , Finnila, Nygaard, Hall ATTEST: M. WOOD, City Clerk AGREEMENT FOR ENGINEERING AND ENVIRONMENTAL SERVICES (DUDEK & ASSOCIATES) 4k- T IS AGREEMENT is made and entered into as of the '20 ;d, day of , 2002, by and between the CITY OF CARLSBAD, a municipal corpora ' n, ("City"), and DUDEK & ASSOCIATES, a California corporation, ("Contractor). RECITALS A. City requires the professional services of an Engineering Consultant that B. Contractor has' the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its is experienced in environmental permitting and pipeline design. services and advice related to environmental permitting and pipeline design. expedited fashion. 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 incorDorated bv this ;eference in aicordance with this Agreement's terms and'conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not to exceed sixty four thousand three hundred fifty five dollars ($64,355) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 1 City Attorney Approved Version #05.22.01 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be sixty four thousand three hundred fifty five dollars ($64,355). 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 thework and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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. 2 City Attorney Approved Version Kl5.22.01 9. INDEMNIFICATION Contractor aarees to indemnifv and hold harmless the City and its officers, officials, ~~ employees aGd 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 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 the Agreement. ~~ ~ IO. 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-:v". 10.1 Coveraaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 ' Commercial General Liabilitv 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. 10.1.2 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. 3 City Attorney Approved Version #05.22.01 * 10.1.3 Workers' ComDensation and . EmDlover's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. 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. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 1 oz2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providina 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 Coveraae. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid, from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. ' BUSINESS LICENSE Contractor will obtain and maintain a City of Carfsbad Business License for the te'm of the Agreement, as may be amended from time-to-time. 4 City Attorney Approved Version M5.22.01 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Aareement. All records will be clearly identifiable. Contractor will allow a representativg of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors Dursuant to this Agreement is the property of City. In the event this Agreement is terminated, all woFk product produced by Contractor or its agents,’ employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor‘s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. . For Citv: For Cpntr o : & Associates, Inc. Title Public Works Director Name hankJ.Dudek Department Public Works Title president City of Carlsbad Address 606 7-itrrLD ST. Address 1635 Faradav Avenue Carlsbad, CA 92008 Phone No. 7&0 / ‘942 Phone No. (760) 602-2730 -5137 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. E~~CIUITAS. CX Qzoz.+ I 16. CONFLICT OF INTEREST Citv will evaluate Contractor‘s duties Dursuant to this Aareement to determine whether dishosure under the Political Reform Act and City’s Corkct of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 5 City Attorney Approved Version #05.22.01 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's.agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 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 that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federa.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 recornmended method of resolution within ten (IO) 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 recornmended 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. 6 Cily Attorney Approved Version iW5.22.01 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, Citv mav terminate this Agreement for nonperformance by notifying Contractor by cehified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned. by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will nst 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 emDloved or retained any company or person, other than a bona fide employee working for Contractor, to soliciior securethis 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 sea, 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. ~~ ~ .7 City Attorney Approved Venion #05.22.01 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. 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 8 City Attorney Approved Version #05.22.01 - 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 Agreepqt. CONTRACTOR DUDEK &ASSOCIATES, a California corporation /I ** m... / ATTEST: ,/ Lhm LORRAINE M. WOOD City Clerk w WAVL bed, br '%ECeEl74t2,Y /.' (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a CorDoration, 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@) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney 9 City Attorney Approved Version M5.22.01 dpersonally known to me -OR- 0 roved to me on the evidence to be the asis of satisfactory personk) whose nam IS/ e subscribed to t e wit In Instrument and P. v acted, executed the instrument. Witness my hand and official seal. ISEALl ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. CAPA~ CLAIMED BV SIQNERISI OFFlCERlSl mum RIQHT THUMBPRINT IOptbndl CAPACITY CLAIMED fiV SIQNERISI OHDIVIDUALISI &ORFURATE OFFICERISI 1IIlUS OPARTNERISI OLlMlTED OATTORNEY H FACT OTRUSTEEISI OGUARDIANICONSERVATOR OOTHER: OQENERAL DM c+Wi-E% SIQNER IS REPRESENTINO: IN.- of P.rsonI.1 or Enrkyliml WLCOTTS FORM 03240 Rw. 3.04 !mi- cI_ 8.W QlSS4 WOLCOTTS FORMS. INC. UL PURPOSE ACKNOWLEDGMENT WTH YGN€R CAPACINRfPRfSfNTATIONlTWO FINGERPRINTS EXHIBIT “A” t. SCOPE OF SERVICES North Agua Hedionda Interceptor Sewer Rehabilitation Project .Eastern Segment, City of Carlsbad, California UNDERSTANDING OF THE PROJECT Based largely on the cmv@ations dkng and subsequent to the November 7,2001 meeting and analysis provided in the Alternatives Analysis report drafted by DUD= the eastem half of the project will consist of two asp-: rehabilitation of 20 degraded manholes and abandonment of six manholes. Engineering stafT at DTJDEK will prepire plans specificatioas for. the rehabilitation and &dOmm~nt. ~vimmcntal staffwill provide necessary documentation to permit the project under local, state, and federal environmental laws and regulations. potential impacts rcJulting &om the project are limited to temporary impacts to wctlandi or sensitive upland habitats without rxcayBtion or excnsivc noise. It appears therefore, that the proposed castem project would qualify for a Categorical Exemption under the California Environmental Quality Act (CEQA) and not rcquirc p&tting under the Federal Clean Water Act, federal and state Endangered ’ Species Act, or Califbmia Fish and Game Code.’ A detailed project description report and existing . biological conditions rcpoxt ell be provided to the City for processing oftha categorical Exemption. . ’ (CDFG) to allow fir adequate public review. Based on our expcricb with similar proj-, the following scope of services describes the tasks and level of effort anticipated for the design and permitting phases of the project. It is recognized that the scope may vary as the design and permitting transpire. Therefore, an additional or reduced effort and fee may be appropriate to complete this scope. The City wili be notified immcdiacJy, should direction-or &kt6 change. ’ and to the U.S. Fish and Wildlife Service (USFWS) dcalifomia Department of Fish and Game SCOPE OF WORK - Environmental TASK 1. Prepare Biological Resources Existing Condiblons Report Based on the infomiation assembled during the biological sweys of the aliment, DUD% will prepare a staud-alone Biological Resources Existing Conditions Report suitable for inclusion as an Appendix to future documentation for a Categorical Exemption. The Biological Resources Existing Conditions Report will consist of text, graphics and appendices and will document survey metho.& and resultsand discuss existing conditions m both a local and regional context. The report also will descnie .. EXHIBIT “A” t. SCOPZ OF SERVICES North Agua Hedionda Interceptor Sewer Rehabilitation Project - Eastern Seclment, Ci& of Carlsbad, Callfornia The ertimated cos% for thir task is ............................... S3,SOO.OO TASK 2 Project Description Report DUDE environmental staffwill coordinate with City and DUD= engineering to descriie dctailcd proposed project implementation methods for the rehabitation and &andom&. of manholes in the eastem segment. The project description report will rely on the Biological Resource Existing Conditions Report for baseline data The. proposed project description will be analyzed in tcrms of potential direct and indirect impacts to biological resources. Avoidance and miaimization measures will be recommended to reduce potmrial impacts to less than significant under state and federal regulations. The proposed project shall not have an significant impacts and themfm no mitigation will be required. A dratt of the project description report will be provided to the City for comment prior to submittal of a 6nal report suitable for inclusion in documentation for the Categorical Exhnption. This task also includes coordination with the City plmnhg &in issuance of Categorical Exemption and up to two meetings with City and CMWD staff. TJae.estimated cost for air tiuk is .............................. .57,000.00 TASK 3. Application for Exemption From Seetion 1601 Streambed Alteration Agreement DUDE will submit to the CDFG an application for a Section 1601 Streambed Alteration Agreement. The application will include a the existing conditions and project dcscriptim reports. as well as figures and the CDFG application foxm DUDE will coordinate with the CDFG staff to verify that an Agreement is not required by California Fish and Game Code due to the limited potential for adverse impacts. This task does not include negotiation or submittals required to obtain a Section 1601 Streambed Alteration Agreement. The estimated cosi for this task is ................................. $3,000.00 May 2002 279&09/10 North Agua Hedlonda Interceptor Maintenance Access Road Page 3 EXHIBIT “A” f SCOPE OF SERVICES. . North Agua Hedionda Interceptor Sewer Rehabilitation Project .Eastern Segment, City of Carisbad, California TASK 4. Inllormd Consultation with Usms It is anticipafed that the final project description will include potential indirect disturbance of the federally-listed endangered least Bell’s vim (Vireo bdIipusiIIus), breeding location sites and thereforc will require con6ultation with the USWS pursuant to the federal End=@ Species Act. ‘he to the limited nature of impacts and the ability to avoid construction-related disturbances draing the &eo beeding season, an informal consultation will likely satis@ Endangered Species Act requirements. DUD= will facilitate the infbrmal consultation by submitting dooummts which would be wed by USFWS staff to determine the potential t& affect a listed species. DUD~K W~II al~o coordinate witb USWS staff in the prodessing of the Section 7 informal tonrmltatiolL coordinaton will include phone calls, meetings, and providing mattrials related to the project. please nots &at a formal consultation may required if a ddcrminaton ofpotential affect is made by the USFWS. In this case, formal documentation would be required which is ourside of the scope of the task presented hue. me estimated cost for this twk is ............................... S3,00@00 TASK 5 Alternative Analyais heparation The alternative analysis which was prepared in November 2001 will be revised to include the ament rehabilitation only altdve as well as to include estimated costs for.various re-route dtematives. The rev@cd Alternatives Analysis report will be a stand-alone document discussing the Eastern Segment of.& North Agua Hedionda .. Sewer rehabilitation project. EXHIBIT “A” j- SCOPE OF SERVICES . North Agua Hedionda Interceptor Sewer Rehabilitatian Project .Eastern Segment, City of Carlsbad, California TASK 6. TASK 7. hoject Management and Coordination As part of tbjs task, the DUD= project manager will be responsible for regular communications with City staff regarding the status of work tasks, decisions to be made and issues to be resolved. Also included in this task, is work related to scope. changes and contract negotiations fie estimated costfor this task is ............................... ~5,000.00 Miscellaneous Services This will dl additional wd as approved by the City. The estimated cost for this task is ............................... $4,000.00. SCOPE OF WORK - ENGINEERING TASK 8. TASK 9. Project Management DUDEK’s project manager will meet with the City staff to discuss the methods of rehabilitation md abandonment and determine the best way to bid the project. Coordination with DUDE’S EnviKmmental Division for preparing the plans & specifications will be iucluded in this task. The’atimated cost for tha3 task & ................................ $5,090.00’ Design DUDEK will prepare plans detailing the repair and rehabilitation of 20 manholes bdween Manhole 46 and Manhole 59. Manhole 66A will be abandoned by sealing the cover, but rehabilitation will not be necessary. Manholes 57,58,60,61,63, and 65, will be rehabilitated and abandoned by sealing the covers. The City will provide the border for the plans (in ACAD, if available). May 2002 279849110 Nom Agua Hedlonda Interceptor Msintemsa Accsss Road Page 5 EXHIEIT "A" 5 SCOPE OF SERVICES North Agua Hedionda Interceptor Sewer Rehabilitation Project -Eastern Segment, City of Carlsbad, California me specifications for rehabilitating or abaudoning manholes will be prepared for bidding purposes; The specifications adbidding documents will be prepared using standard CSI format. The hnt-end documents will be provided by'the City. me estimated cost for this task is ............................... $20,565.00 TASK 10- Reroute Investigation A potential muting of the sewer hm Manhole 59 will be investigated including cootdination with a geotechaid crew and San Diego Gas aud Electric (SDG&E). The estimated cost for this task b ............................. i . $2,~00.00 TASK 11. MisceUancour Services "A" .% SCOPE OF SERVICES North Agua Hedionda Interceptor Sewer Rehabilitation Project .Eastern Segment, City of Carlsbad, California Not included in this proposal are: biological survoys, non-biological technical reports, wetland permit acquisition, and/or preparation of a Biological Assessment If 60 desired, these additional savices can be performed aid will be charged on a time and materiat basis beyond 'the fee indicated. Please feel frea to call me at (760) 942-5147 ifyou have any questions. ~, . . .. . _,, ..: .,,. .. . i: ,'., , . . , . . . . . . . . ..,. .. , . ..