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HomeMy WebLinkAboutEDAW / AECOM / EDAW Incorporated; 2008-12-05; PWENG646tv f PWENG646 AMENDMENT NO. 1 TO AGREEMENT FOR ENVIRONMENTAL MONITORING AND POST CONSTRUCTION HABITAT MAINTENANCE AND REPORTING (EDAW, INCORPORATED dba EDAW/AECOM) ~his Amendment No. 1 is entered into and effective as of the _ day of _ 2010, amending the agreement dated December 5, 2008 (the_ "Agreement") $y and between the City of Carlsbad, a municipal corporation, ("City"), and EDAW, Incorporated, dba EDAW / AECOM, a Delaware corporation ("Contractor") (collectively, the "Parties") for environmental monitoring and post construction habitat maintenance and monitoring for the reconstruction of the Encinas Creek Bridge, City Project Number 3919, hereafter the "Project." RECITALS A. The Parties desire to alter the Agreement's scope of work to include environmental monitoring and post construction habitat maintenance and monitoring for the Project; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee dated October 1 3, 2009. 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". 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 one hundred forty thousand eight hundred thirty four dollars ($140,834). 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 December 5, 2011 or as may be extended by written agreement between the Parties. 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 Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 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 EDAW, INC. dba EDAW/AECOM, a Delaware corporatio^k CITY Q corpo SBAD, a municipal the Statetfof Califocrffa (print name/title) , (P (e-mail adcfress)ATTEST: LORRAIN City Clerk (print name/title) (e-mail address) De- V, x + x .>>'/,, w ,.\s '''IMllH^ 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: RONALD R. BALL, City Attorney By:. Deputy City Attorne City Attorney Approved Version #05.22.01 State of California County of San Diego On re^^ry fr, ^Q\O , before me, Leon Magee, Notary Public, personally appeared , who proved to me on the basis of satisfactory DATE evidence to be the person(s) whose name(s) is/are subscribed to the within instrument. WITNESS my hand and official seal. _ ff^f — L^ — l>^— — NOTARY'S SIGNATURE Leon Magee Notary Public - California San Diego County ^*?& eoZ.T"!? MACir Com 1720314&f r • • u I-,™->IA itiiJSP No'afV Public - California sCommission # 1 7203 1 4 •«» D'»OO County t, Exhibit "A" October 13, 2009 Mr. John Cahill, Municipal Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Encinas Creek Bridge Replacement Project Contract Modification Request for Environmental Compliance Monitoring Dear Mr. Cahill: The replacement of Encinas Creek Bridge is critical, as Caltrans and the City have designated the bridge as "deficient" and in need of replacement. EDAW AECOM appreciates the opportunity to be a part of the City's environmental planning and permitting team for this critical infrastructure project. Per your request, we are submitting a scope of work and cost estimate for environmental compliance activities associated with the Encinas Creek Bridge Replacement Project. This work would be performed under an amended contract (original contract December 5, 2008)Environmental compliance services will include biological and cultural resources field support, as required under the Mitigation Monitoring Reporting Program (MMRP) for the project, tracking of resource agency permit conditions, and revegetation maintenance and monitoring for a period of 2 years. Construction is currently scheduled to begin after January 24, 2010, and will extend for approximately 4 months. Revegetation is anticipated to begin in April 2010 and completed by May 2010. Revegetation activities (e.g., installation phase) will be followed by a 2-year maintenance and monitoring program that will extend from May 2010 to May 2012. ENCINAS CREEK BRIDGE REPLACEMENT PROJECT STATUS EDAW AECOM is currently under contract for environmental permitting during the planning phase of Encinas Creek Bridge Replacement Project. To date, EDAW AECOM has assisted the City of Carlsbad (City) in completing biological resource and cultural resource technical studies for the proposed project, completing a Final Mitigated Negative Declaration and MMRP for the project, securing a Water Quality Certification from the Regional Water Quality Control Board, obtaining a letter to proceed with work from the California Department of Fish and Game, and obtaining a provisional permit from the U.S. Army Corps of Engineers. In addition, EDAW AECOM prepared and submitted a permit application package to the California Coastal Commission (Commission) for the proposed project. EDAW AECOM anticipates that the project will be considered for approval by the Commission in early November, and a Coastal Consistency Determination and final authorization letter from the U.S. Army Corps of Engineers will follow shortly after. Upon receipt of these final permits, the City will initiate construction. Construction is anticipated to begin in late January 2010. The scope of work, as described in detail in Attachment A, will include environmental compliance monitoring services, as required in the project's resource agency Mr. John Cahill City of Carlsbad October 13, 2009 Page 2 permits/approvals and MMRP. Work will be performed on a time-and-materials basis to a not-to- exceed amount of $140,834, per the terms of our existing contract. We look forward to assisting the City in the next phase of this project. If you have any questions, please call me at 619-233-1454. Respectfully, Michelle Fehrensen Project Manager Attachment: A - Cost Estimate Jacqueline Dompe Vice President 07080213.01 Encinas Contract Mod.doc ATTACHMENT A EDAW AECOM ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT MODIFICATION REQUEST FOR ENVIRONMENTAL COMPLIANCE MONITORING October 13, 2009 SCOPE OF WORK EDAW AECOM will provide environmental compliance services to the City of Carlsbad (City) for the Encinas Creek Bridge Replacement Project. These tasks will include the following: • Task 7 - Environmental Compliance Matrix • Task 8 - Biological Resource Monitoring • Task 9 - Cultural Resource Monitoring • Task 10 - Revegetation Maintenance and Monitoring • Task 11 - Additional Compliance Activities/Project Management • Task 12 - Contingency Task 7 - Environmental Compliance Matrix EDAW AECOM will compile and review applicable mitigation measures and permit conditions to develop an approach for environmental compliance. A matrix will be developed, organized by phase of construction (i.e., preconstruction, construction, and/or postconstruction) and the type of environmental compliance activity within that phase (e.g., biological surveys, restoration planning, or construction monitoring). The matrix will also include columns for responsible party, due date, and status. Permit terms and conditions, and mitigation measures will be gathered from the following sources: • California Regional Water Quality Control Board, 401 Water Quality Certification (09C- 046) • U.S. Army Corps of Engineers,Section 404, Nationwide Permit 14 Linear Transportation Projects, general terms and conditions • Carlsbad Planning Commission Resolutions No. 6624 - 6627 • Department of Parks and Recreation Right of Entry Permit, 30 April 2009 • Encinas Creek Bridge Replacement Project - Temporary Impact Revegetation Specifications • Encinas Creek Bridge Replacement Project Mitigation Monitoring and Reporting Program Encinas Creek Bridge Replacement Project Page 1 of 5 EDAW AECOM Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 Deliverables The compliance matrix will be submitted electronically in both PDF and MS Excel format. Task 8 - Biological Resource Monitoring EDAW biologists will provide biological resource monitoring that will include constructor education in the form of a kick-off meeting, monitoring of construction grading activities, and monitoring of riprap installation. EDAW will provide a biological resource monitor to document preconstruction site conditions, determine construction limits, and inspect all construction fencing prior to commencement of construction activities. EDAW AECOM's biological monitor will also monitor grading activities to verify the avoidance of unauthorized impacts. Following bridge replacement activities, EDAW AECOM's biological monitor will monitor riprap installation to confirm riprap placement is limited to areas where riprap already exists. EDAW AECOM will confirm that habitat disturbance is restricted to the limits of disturbance, as shown on engineering plans. EDAW AECOM will monitor vegetation removal activities to guide the contractor in remaining within the authorized limits of work. Training/Kickoff Meeting EDAW will develop and implement environmental compliance training for contractor and subcontractor personnel. Specific topics addressed during the training session will include: • Regulatory overview and permit requirements • Environmental compliance procedures and protocols • Consequences of noncompliance • Emergency response protocols Deliverables Monitoring memoranda will be completed on a weekly basis, or after a specific monitoring activity, to document construction activities and keep the City informed on project progress. Kick-off meeting/environmental compliance training materials will be submitted for the City's review. An attendance sheet will also be submitted. Assumptions • 1 Preconstruction survey • 1 Project kick-off meeting/contractor training • Up to 40 hours of biological resource monitoring during construction grading/vegetation removal • Up to 16 hours of riprap inspection and monitoring Task 9 - Cultural Resource Monitoring An EDAW AECOM archaeologist and a Native American monitor will be on-site to monitor the ground-disturbing activities for the Encinas Creek Bridge Replacement Project. Daily monitoring logs will be completed by the archaeological monitor. These typically document the location of Encinas Creek Bridge Replacement Project Page 2 of 5 EDAW AECOM Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 monitoring activities, types of equipment, proximity to known resources, and any corrective measures that were needed (e.g., restaking or reflagging areas for avoidance). If cultural resources are found during ground disturbing construction activities, work will be halted in the immediate area until the resource can be evaluated. It is assumed that no cultural resources would be discovered during monitoring activities. However, EDAW AECOM is well qualified to assess and treat archaeological discoveries. If a resource is discovered, out-of-scope recordation and/or a research design and data recovery program will be required to be prepared and carried out to mitigate impacts before ground disturbing activities in the area of discovery can resume. EDAW AECOM will provide such services, if required, as a scope modification. Deliverables EDAW AECOM will prepare a brief Archaeological Monitoring Letter Report. The letter report will follow the California Office of Historic Preservation (OHP) Archaeological Resource Management Reports (ARMR): Recommended Contents and Format (1989). The report will include a description of the monitoring results, existing conditions of the study area, and a site description and discussion. The archaeological monitoring letter report will be submitted electronically for one round of comments by the City. Assumptions • Work will consist of 8-hour days for the duration of excavation activities, assumed to be 10 working days. • A Native American monitor will be required. • No archaeological materials will be encountered. • No subsurface investigation is included. Task 10 - Revegetation Monitoring Plant Installation and 90-Day Plant Establishment Period (Monitoring Only - contractor to complete maintenance activities) EDAW AECOM will monitor the contractor installation of the revegetation area (0.28 acre), per the revegetation specifications. Monitoring will be performed by a qualified restoration ecologist and will occur during site preparation, plant installation, and monthly during the plant establishment period. After each monthly monitoring visit, EDAW AECOM's restoration ecologist will generate a memorandum to the City recommending species to be weeded and remedial measures to be implemented by the Contractor to encourage successful plant establishment. Monitoring inspections will be performed at the following stages of work: A. After site preparation is completed and before planting and seeding begins. B. After planting and seeding and before the plant establishment period begins. C. At intervals of 1 month during the first 90 days. Encinas Creek Bridge Replacement Project Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 Page 3 of 5 EDAW AECOM D. At the completion of the 90-day plant establishment period. A 90-day revegetation monitoring report will be generated, which will summarize recommendations made over the plant establishment period and evaluate the site's progress toward meeting the success standards outlined in the revegetation specifications. This report will be submitted to the resource agencies, per permit requirements. 21-Month Maintenance and Monitoring Program (EDAW AECOM Maintenance and Monitoring) Once EDAW AECOM and the City have determined that the site has become established and is meeting required success criteria (assumed to be 90 days after installation), EDAW AECOM will resume maintenance responsibilities for the site. EDAW AECOM will conduct maintenance and monitoring of the site for the remaining 21 months of the 2-year maintenance and monitoring program. Maintenance will be conducted monthly to assess site conditions, weed, and replace plants as-needed. Monitoring of the site will be conducted on a quarterly basis. The site will be evaluated quantitatively and qualitatively to assess site revegetation success. Should the site show any indication of not meeting success standards, or plant mortality is too high, EDAW AECOM will recommend and implement remedial measures (e.g., additional planting, erosion control) Monitoring memorandums will be generated after each quarterly visit to document the status of the site. In addition, annual reports in years 1 and 2 will be prepared to evaluate the site's success. Revegetation Completion Notification At the conclusion of the 2-year maintenance and monitoring program, the final year 2 report will be submitted to the resource agencies, documenting successful revegetation of the site and requesting permit closure. If necessary, a site visit will be scheduled with resource agency representatives and the EDAW AECOM restoration ecologist to discuss the success of the site and facilitate project sign-off. Deliverables EDAW AECOM will complete a 90-day plant establishment report and annual reports in years 1 and 2 to document maintenance and monitoring activities. Reports will be submitted digitally to the City for one round of comments. Final reports will be submitted to the resource agencies. Assumptions • Maintenance will require a two-person crew for 1 day per month for 21 months. • If watering is required, it can be conducted by hand using adjacent water source (Encinas Creek); no water truck will be required. • Estimated xpenses totaling $2,000 will be sufficient to cover appropriate maintenance reimbursable needs (e.g., replacement plantings, protective clothing). Task 11 -Additional Compliance Activities/Project Management EDAW AECOM's Project Manager will maintain the permit compliance matrix and will review the matrix with the City Engineer and Planning Department, as necessary, to facilitate task Encinas Creek Bridge Replacement Project Page 4 of 5 EDAW AECOM Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 completion. While not all tasks are the responsibility of EDAW AECOM, EDAW AECOM will facilitate City tracking and completion of tasks, including assistance in submitting deliverables to the resource agencies, notice to the Contractor and/or City in advance of deliverable requirements, and monthly reporting on project compliance status. Task 12 -Contingency Per the City's request, EDAW AECOM has allocated an additional 15% contingency for unforeseen out-of-scope activities that may be required for project success. This contingency will not be used without authorization from the City's Project Manager. COST ESTIMATE EDAW AECOM will complete the above scope of services on a time and materials basis for a not-to-exceed dollar amount of $140,834. A cost breakdown by task is shown in Table 1 below. Costs are further clarified by labor category, rate, and hours in the attached spreadsheet. Table 1. Cost Estimate by Task Task Task? TaskS Task 9 Task 10 Task 1 1 Task 12 Environmental Compliance Matrix Biological Resource Monitoring Cultural Resource Monitoring Revegetation Maintenance and Monitoring Additional Compliance Activities/Project Management 1 5% Contingency Total Contract Modification Request Cost Estimate $4,650 $11,002 $20,887 $65,765 $20,160 $18,370 $140,834 Encinas Creek Bridge Replacement Project Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 Page 5 of 5 EDAW AECOM Submitted by: EDAW, Inc. October 13, 2009 EDAW Rate Principal $225.00 3roject Manager $125.00 Analyst/Planner $85.00 Archaeological/Architectural Historian 1 $85.00 Biologist II $100.00 Field Crew $45.00 GIS Specialist 1 $90.00 Graphic Artist $90.00 Technical Editor $95.00 Word Processor 1 $85.00 TOTAL EDAW LABOR Suffix 01 Task 7. Environmental Compliance Matrix Hours Costs 10 $1,250.00 40 $3,400.00 50 $4,650.00 Suffix 02 Task 8. Biological Resource Monitoring Hours Costs 8 $1,000.00 80 $8,000.00 4 $360.00 8 $720.00 1 $95.00 1 $85.00 102 $10,260.00 Suffix 03 Task 9. Cultural Resource Monitoring Hours Costs 5 $1,125.00 8 $1,000.00 128 $10,880.00 2 $180.00 2 $190.00 2 $170.00 147 $13,545.0C Suffix 04 Task 10. Revegetation Maintenance and Monitoring Hours Costs 6 $1,800.0C 60 $7,500.0C 328 $32,800.00 336 $15,120.00 16 $1,440.00 8 $760.00 8 $680.00 764 $60,100.00 Suffix 05 Task 11. Additional Compliance Activities/Project Management Hours Costs 96 $12,000.00 96 $8,160.0C 192 $20,160.00 Total Hours Costs 13 $2,925.00 182 $22,750.00 136 $11,560.00 128 $10,880.00 408 $40,800.00 336 $15,120.00 22 $1,980.00 8 $720.00 11 $1,045.00 11 $935.00 1,255 $108,715.00 Sub-Consultants Rates Native American Monitor SUB-CONSULTANT COST EDAW MARKUP ON SUB-CONSULTANTS 10% TOTAL SUB-CONSULTANT COST Suffix 01 Suffix 02 Suffix 03 $6000.00 $6,000.00 $600.00 $6,600.00 Suffix 04 Suffix 05 Total $6,000.00 $6,000.00 $600.00 $6,600.00 Project Expenses ProjecWField Supplies (plants, herbicide, GPS, misc) Vehicle Use (Rental at cost, Company 4X4 $75) $75.00 PROJECT EXPENSES COST EDAW MARKUP ON EXPENSES 10% TOTAL PROJECT EXPENSES COST Cost Cost 9 S675.00 $675.00 $67.50 $742.50 Cost S $675.00 $675.00 $67.50 $742.50 Cost $2,000.00 42 S3.150.00 $5,150.00 J515.00 $5,665.00 Cost Cost $2,000.00 60 $4,500.00 $6,500.0C 5650.00 $7,150.00 TOTAL EDAW LABOR & OTHER DIRECT COSTS I 15% Contingency GRAND TOTAL (including Contingency) $4,650.00|J 11,002.H)|$20,887.501 $65,765.00|$20,160.00]$122,465.0t $18,369.7! $140,834.7! ASSUMPTIONS: Field Supplies include replacement plantings, GPS, herbicide, protective clothing watering would not require truck. Hand watering once per month at routine maintenance visit Copy of Copy of Encinas Contraction Cost Estimate (2).xls PWENG646 AGREEMENT FOR CEQA ENVIRONMENTAL AND PERMITTING PROFESSIONAL SERVICES (EDAW, INCORPORATED) /"THIS AGREEMENT is made and entered into as of the ^ day of Liu} , 2008, by and between the CITY OF CARLSBAD, a municipal^corporation, ("City"), and EDAW, Incorporated, a Delaware corporation ("Contractor"). RECITALS A. City requires the professional services of an environmental services firm that is experienced in CEQA review, environmental sciences and services, and permitting with public agencies. B. Contractor has the necessary experience in providing professional services and advice related to the services required under this agreement. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year period or parts thereof in an amount not to exceed fifty thousand dollars ($50,000) 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, notwithstanding delays outside the reasonable control of contractor. City Attorney Approved Version #1 1 .28.06 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred ninety eight thousand six hundred sixty one thousand dollars and two cents ($198,661.02). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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. City Attorney Approved Version #11.28.06 27 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and 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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 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. City Attorney Approved Version #11.28.06 10.1.3 Workers' Compensation and Employer'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 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. 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 Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #11.28.06 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The 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 City: Name: Robert Johnson Title: City Engineer Department: Public Works City of Carlsbad Address: 1635 Faraday Avenue Carlsbad, California 92008 Phone No.: 760-602-2720 For Contractor: Name: Jacqueline Dompe Title: Vice President Address: 1420 Kettner Boulevard, Suite 500 San Diego, California 92101 Phone No.: 619-233-1454 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict 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. City Attorney Approved Version #11.28.06 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 federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #11.28.06 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #11.28.06 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. City Attorney Approved Version #11.28.06 8 33 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 condjjipfis of this Agreement CONTRACTOR EDAW, INC., a Delaware corporation (e-mail address) 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: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #^ 1.28.06 ATTACHMENT 1 ENCINAS CREEK BRIDGE REPLACEMENT PROJECT SCOPE OF SERVICES FOR CEQA ENVIRONMENTAL REVIEW AND PERMITTING April 4, 2008 TASK 1 TECHNICAL STUDIES AND PROJECT DATA COLLECTION ($25,650) Task 1.1 Data Collection The following is a description of the data and information to be used to provide regional characterizations for each of the California Environmental Quality Act (CEQA) issues areas to be assessed in the Initial Study (IS). Biological Resources - Existing documentation prepared for the project includes the biological resources survey and wetland determination and delineation reports, both prepared by EDAW in July 2006. Information in these reports will be used to the extent feasible. An updated biological resources map will be developed using data from the California Natural Diversity Database (CNDDB), U.S. Fish and Wildlife Service (USFWS) Designated Critical Habitat, and the National Wetland Inventory. Mapping of jurisdictional waters of the U.S. will be updated based on EDAWs previous wetland delineation study for Encinas Creek. If the limits of impact extend beyond the existing bridge footprint or manufactured slope, a spring rare plant surveys would be required. These surveys are not included in this scope of services and estimate. This service could be provided by EDAW if deemed necessary. Cultural Resources - The project footprint is unlikely to contain intact cultural sites due to previous disturbance. However, cultural deposits could exist within undisturbed sediments along the banks of Encinas Creek. EDAW will utilize existing archeological data to be provided by the City (as discussed during the October 3, 2007 scoping meeting). Accordingly, cultural resources record search is not assumed in this scope of work. If, after review of City-supplied data, additional work is necessary to adequately assess potential impacts to cultural resources, a separate scope of work and fee estimate will be provided to the City. Land Use - The City of Carlsbad General Plan (1994, as amended), zoning ordinances, Habitat Management Plan (2004), Local Coastal Plan (1996, as amended), and other planning documents for the City will be used to determine land use compatibility and other land use- related issues. Existing and planned land uses within and adjacent to the project footprint will be mapped on aerial base maps. Water Resources - One source of regional water resources and water quality information is through Project Clean Water, which provides regional watershed management planning and information resources. The Watershed Urban Runoff Management Plan (City of Carlsbad, et. al. 2003) will be referenced for information such as sensitive waters, predicted growth, pollutants of concern, resources requiring protection, and other water resource issues. Local municipalities, with oversight from the Regional Water Quality Control Board (RWQCB), develop these plans. The plans address current regulatory compliance needs, as well as watershed- based approaches to improving water quality. Other reference documents will include Water Encinas Creek Bridge Replacement Project Page 1 Scope of Services EDAW, Inc. Attachment 1_Encinas Creek Scope REVISED Quality Control Plan for the San Diego Basin (i.e., Basin Plan) (RWQCB 1994, amended 2006), and the City of Carlsbad General Plan (1994), General Plan Master EIR (1994), and Jurisdictional Urban Runoff Management Plan (2002). Traffic and Transportation - Data to characterize existing and future traffic volumes and condition of existing roadways will be obtained from the City of Carlsbad traffic engineering department and field reconnaissance. Traffic volume counts for peak period AM and PM traffic will be conducted at up to 3 locations. Machine traffic counts (24-hour average daily traffic volumes) will also be conducted on Carlsbad Boulevard and the proposed detour route (assumed to be Avendia Encinas). Noise - A discussion of potential noise sources and estimated noise levels during construction will be described. Applicable planning documents, such as the Noise Element of the City's General Plan (1994) will be used to determine the allowable construction noise limits of particular areas. It is assumed that no sensitive noise receptors are located within the project vicinity and that noise monitoring will not be required. Air Quality - Regional air quality will be described using information from the San Diego Air Pollution Control District's air quality monitoring network. Additional information may be provided through the California Air Resources Board or the U.S. Environmental Protection Agency. Hazardous Waste - An agency records searches will be conducted to identify hazardous waste sites located on the property containing the project footprint and neighboring properties classified as a hazardous waste site under State law. The records search will also identify business types located within and adjacent to the project footprint that would be likely to store, transfer, or utilize large quantities of hazardous materials. This information will be obtained from records maintained by the State of California Department of Health and RWQCB, and other appropriate agencies (e.g., Department of Toxic Substances Control). Visual Resources - In addressing potential impacts to visual resources, the City's General Plan Circulation Element (1994) will be reviewed, and sensitive receptors in the vicinity of Encinas Bridge will be described. Applicable goals related to visual resources will be identified. Geology and Soils - Information will be derived from published geologic literature and maps, such as the Kennedy Maps showing geologic formations for the San Diego area, and U.S. Department of Conservation Soil Survey Maps of San Diego County. A geotechnical report will be required for the project. It is assumed that the report will be provided by the City's engineering design team and is not a part of this scope. Paleontology - Analysis of paleontological resources will be based upon a review of the potential for fossiliferous strata identified in geologic maps (Kennedy and Tan 1996) published geologic literature (Demere and Walsh 1993). Agricultural Resources - The proposed project is not expected to affect existing agricultural resources since proposed activities will occur within a developed area, which is not in proximity to existing agricultural resources. Encinas Creek Bridge Replacement Project Page 2 Scope of Services EDAW, Inc. Attachment 1_Encinas Creek Scope REVISED Recreation - Data sources for recreation will include maps of existing recreation and park facilities in the area and information from the City of Carlsbad's General Plan Recreation Element (1994) and correspondence with the State Lands Commission regarding the state beach adjacent to the project footprint. Task 1.2 Preparations of Technical Studies EDAW will prepare technical studies necessary to support preparation of the IS. Impacts will be evaluated based on the project description (including the location of the proposed limits of grading and staging areas). EDAW will initiate work on the existing conditions portion of the technical studies; however, impacts can not be determined until project description information is provided by the City's engineering design team (see Task 2). A description of the anticipated technical reports assumed in this scope is provided below. Because the project intends to replace the bridge in-kind, it is assumed that project impacts would be associated with construction and limited to the project footprint. The project is not anticipated to result in changes to the environment post-construction. A two week review period is assumed for review of technical studies by the City staff. Updated Biological Resource Surveys Although EDAW previously completed biological resources survey letter and wetland delineation reports for the project, the surveys are over 2 years old. Therefore, these reports need to be updated and conditions verifies. EDAWs biologist and wetland ecologist will conduct a field reconnaissance of previously surveyed area to verify and update the results of the previous biological resources surveys. The sensitive habitats within the project vicinity (i.e., beach, open water, disturbed southern coastal salt marsh, disturbed coastal and valley freshwater marsh, disturbed wetlands, and disturbed southern coastal bluff scrub), especially those regulated by the US Army Corps of Engineers (ACOE) and California Department of Fish and Game (CDFG), are the most likely resources to be impacted by the proposed project, because these resources are immediately adjacent to the bridge (EDAW 2006). A rare plant survey is not anticipated to be necessary for the project. Based on the results of the biological resources survey performed in October 2005, impacts to the California desert- thornmint, which was detected more than 100 feet from southbound Carlsbad Boulevard and the bridge, are not likely to pose a constraint given the low population number, the relatively low sensitivity status of this species (CNPS List 4 species), and the very disturbed condition of its habitats. Though the surveys were conducted at a time of year when ephemeral sensitive plant species would not have been observable, it is anticipated that other sensitive plant species are absent from the study area due to its highly disturbed condition. Protocol surveys for sensitive species are not anticipated to be required because no sensitive wildlife species were detected during the 2005 survey (EDAW 2006). Specifically, sensitive species known to occur in the project vicinity (Western snowy plover, Least Bell's vireo, Belding's savannah sparrow, California least tern, and Mexican long-tongued bat) are have a Encinas Creek Bridge Replacement Project Page 3 Scope of Services EDAW, Inc. Attachment 1_Encinas Creek Scope REVISED low potential of occurrence due to the disturbed nature of the habitats within the study area. The potential for nesting migratory birds is also considered low due to the relatively disturbed nature of the site. Traffic Study (performed by subconsultant Linscott, Law and Greenspan [LUG]) The project will require closure of southbound Carlsbad Boulevard in the vicinity of Encinas Creek Bridge during construction. A temporary detour will be necessary to route traffic around the construction site, most likely to Avenida Encinas east of Carlsbad Boulevard. EDAWs subconsultant LLG will utilize the obtained circulation and traffic volume data described above to prepare a traffic study that will assess impacts from closure of southbound Carlsbad Boulevard and the temporary detour. The analysis will provide mitigation measure to minimize construction related traffic impacts from the bridge replacement. The study will also include an analysis of bicycle and pedestrian access construction-related impacts as well as proposed remedies to these impacts to alleviate or minimize access issues during construction, to the extent feasible. In addition, the analysis will consider to what degree recreational parking would be affected during construction, and any remedies for impacts to parking supplies. The proposed project would not permanently alter existing traffic volumes or roadway configuration; therefore all impacts would be considered temporary. It is assumed that the City will prepare a construction traffic management plan for the proposed project. Task 1 Deliverables This task will include the following deliverables: • Two (2) hard copies and one (1) electronic copy (PDF) of the draft and final Updated Wetland Delineation Report and Biological Resources Survey Letter and Traffic Analysis. One round of comments on each technical report will be incorporated as appropriate. • Geographical Information System (CIS) shapefiles with metadata for the biological resource survey data TASK 2: COORDINATION WITH DESIGN ENGINEER ($4,965) EDAW will support the City and the City's engineering consultant during the preliminary engineering design phase. This support includes the following: • Provide input on design option and make recommendations regarding potential environmental and permitting issues • Make recommendations regarding implementation of conceptual traffic control and detour options • Support the design team in identifying project components that are key for the environmental analysis, including, but not limited to: the project area and limits of work; a Encinas Creek Bridge Replacement Project Page 4 Scope of Services EDAW, Inc. Attachment 1_Encinas Creek Scope REVISED description of the bridge remove and replace activities to be conducted; estimates of construction traffic; quantity of material to be excavated from the channel; and area of vegetation to be cleared; anticipated construction schedule; and, types of construction equipment to be utilized TASK 3 PREPARATION OF ENVIRONMENTAL DOCUMENTATION ($47,390) Task 3.1 Prepare Draft Initial Study The Draft IS will be prepared in compliance with CEQA and State CEQA Guidelines (as amended), and will based on the City's Environmental Impact Assessment - Initial Study form. The Draft IS will describe the proposed project, the existing conditions, and the potential adverse and beneficial environmental effects resulting from the implementation of project. Impacts will be assessed based on the project description information and the results of the technical studies discussed above in Task 1. Measures to reduce or eliminate adverse environmental effects will be provided. A two week review period is assumed for City review of the administrative Draft IS. One set of revisions from the City will be incorporated into the public review Draft IS. Task 3.2 Prepare Final IS/Mitigated Negative Declaration (MND) EDAW will prepare a MND in accordance with CEQA, which will include an explanation of why the proposed project will not have a significant environmental effect. The public review Draft IS/MND will be circulated for a 30-day public review period, as required by CEQA (Section 21091.3). It is assumed that the City will be responsible for the preparing and distributing the public Notice of Availability (NOA) for the Draft IS/MND and Notice of Intent (NOI) to adopt the MND. It is assumed that the City will distribute the Draft IS/MND and Notice of Completion (NOC) to the State Clearinghouse. EDAW make revision the Draft IS/MND based on substantive public comments (i.e., comments that bring to light new information not covered or when it is necessary to correct the text) received during the 30-day review period. Comments and responses will be documented to facilitate review of the Final IS/MND. It is assumed that up to 20 substantive public comments will be received on the Draft IS/MND. (Note that one comment letter may contain more than one substantive comment). Task 3 Deliverables This task will include the following deliverables: • Two (2) hard copies and one (1) electronic copy (PDF) of the administrative Draft IS/MND • Twenty-two (22) hard copies and one (1) electronic copy (PDF) of the public review Draft IS/MND Encinas Creek Bridge Replacement Project Page 5 Scope of Services EDAW, Inc. Attachment 1_Encinas Creek Scope REVISED Tf\ • Two (2) hard copies and one (1) electronic copy (PDF) of the Final IS/MND TASK 4 LOCAL, STATE, AND FEDERAL PERMIT PROCESSING ($77,135) Task 4.1 City Applications and Permits EDAW will act as an Authorized Representative for the City. EDAW will fill out a Land Use Review Application and support the City in preparing applications for the following City permits: • Coastal Development Permit • Habitat Management Plan Permit • Special Use Permit EDAW will coordinate with the City and Nolte to obtain the necessary information for the City permit process. It is assumed that Nolte will prepare the site plan for the City application process. Task 4.1 Deliverables One (1) electronic copy (via email) of the draft applications for the above listed permits will be provided. It is assumed one round of comments on the draft applications will be incorporated, as appropriate. One (1) electronic copy and two (2) hard copies of the final permit applications will be provided to the City. Task 4.2 State and Federal Permit Processing EDAW shall prepare and submit on behalf of City all permit applications required for the project, except the construction phase Storm Water Pollution Prevention Plan (SWPPP) which will be managed by Nolte. The following permits will be prepared: • Nationwide Permit 14 for Linear Transportation Crossings to authorize impacts to jurisdictional habitat (anticipated to be less than one-third of an acre of tidal waters and non-tidal adjacent wetlands) from the Corps pursuant to Section 404 of the Clean Water Act (404 Permit 14); • Water Quality Certification from the RWQCB pursuant to Section 401 of the Clean Water Act (401 Certification); • Streambed Alteration Agreement from the CDFG pursuant to Section 1600 of the Fish and Game Code; and • State Lands Commission Encroachment Permit. It is assumed that no because the project is a remove and replace in-kind, no offsite mitigation will be necessary. A conceptual mitigation plan will not be prepared as part of this scope of work; however, this service could be provided with a contract amendment. No sensitive plant species were detected within 100 feet of the study area, and it is anticipated that sensitive plant species are absent from the area immediately surrounding the bridge due to Encinas Creek Bridge Replacement Project Page 6 Scope of Services EDAW, Inc. Attachment 1_Encinas Creek Scope REVISED LfO its highly disturbed condition. The potential exists for grunion habitat west of the bridge. It is assumed that the project will be designed in conformance with the avoidance measures and habitat compensation guidelines outlined for this species in the City of Carlsbad's Habitat Management Plan (2004). The project is not anticipated to impact threatened or endangered species; therefore, this scope of work does not include formal consultation with USFWS and/or CDFG for federal and state listed species. Resource Agency Meetings/Coordination Upon contact award, EDAW will initiate coordination with the appropriate Resources Agency contacts to emphasis the importance of expediting this important project for the purpose of public safety. The overall approach to acquiring permits includes effective and efficient communication with agency staff to (1) expedite the permit processing schedule to the extent feasible, (2) help develop strategies and alternatives early in the process that will comply with regulatory requirements, and (3) ensure that the team is preparing all information necessary to submit a complete application package in the initial submittal. Agency schedules mandated by regulations are initiated only once an application is considered complete, so submitting B complete application is imperative to meet the aggressive schedule. EDAW will prepare the Resource Agency permit applications on behalf of the City and respond to one round of agency comments for each permit application. EDAW can not guarantee the response time and ultimate outcome of the permitting effort. Toward this end, the team will meet with agency staff starting early in the process and continue through submittal and processing (six meetings). Meetings will include one joint preapplication meeting (Corps, RWQCB, and CDFG likely held at the CDFG offices); one joint agency field meeting (also including city staff charged with processing the CDP), and up to four meetings during permit processing/negotiations. Permit application fees or other processing fees up to $1,000 for each payment will be paid by EDAW and reimbursed in full by the City. EDAW will pay for up to at total of $7,500 in permit processing fees. Any permit application or other processing fees over $1,000 for each payment will be paid by the City. 404 Nationwide Permit 14 for Linear Transportation Crossings It is assumed that the project will meet the threshold for a 404 Permit 14 (i.e., impact will be less than one-third-acre of tidal waters and less than one-half-acre of non-tidal adjacent wetlands). Based on the meeting/coordination feedback and sensitive project design, a pre-construction permit notification package will be prepared and submitted to the City for review. The permit notification will be revised and a permit packet will be submitted to the Corps for a 404 Permit 14 authorization. 401 Certification A 401 certification application will be prepared for the City's review. One final 401 certification package will be provided to the City for submittal to the RWQCB. Encinas Creek Bridge Replacement Project Page 7 Scope of Services EDAW, Inc. Attachment 1_Encinas Creek Scope REVISED Streambed Alteration Agreement One (1) Streambed Alteration Agreement permit application will be prepared for the City's review and one final permit packet will be provided to the City for submittal to the CDFG. State Lands Commission Encroachment Permit EDAW will coordinate with the State Lands Commission regarding encroachment onto the Carlsbad State Beach during construction activities. One (1) encroachment permit application will be prepared for the City's review and one final permit packet will be provided to the City for submittal to the CDFG. Task 4.2 Deliverables One (1) electronic copy (via email) of the Administrative Draft and Draft Application Packages for the 404 Permit, 401 Certification, Streambed Alteration Agreement, and Encroachment Permit will be provided. It is assumed one round each of City and agency comments on the draft applications will be incorporated, as appropriate. Two (2) hard copies and one (1) electronic copy of the Final Application Packages will be provided to the City. Task 4.3 OPTIONAL TASK - California Coastal Commission Coordination The California Coastal Commission (CCC) has the authority to appeal the City's CDP for the project. In the event of an appeal, EDAW will support the City by attending up to 3 meetings with the CCC and attending one CCC hearing to hear the appeal (possibly requiring travel to northern California). This Optional Task would be provided for a fee of up to $5,000. Should subsequent permit processing or coordination be required for the CDP following an appeal, these services could be covered under the contingency task or as a contract amendment. TASK 5: PROJECT MANAGEMENT AND COORDINATION ($13,262) EDAWs project manager will provide the day-to-day coordination with the project team and City staff. A Project Management Plan (PMP) will be prepared through the use of a spreadsheet that lists each work product's budget, document control, QA/QC, team roles, and estimated delivery dates. The PMP will include a milestone schedule to specify a target endpoint of each round of client and agency review and projected resubmittal dates. The schedule will be developed in coordination with the engineering design schedule. The project schedule will be updated as the project progresses and provided to the City's Project Manager. Concise project status updates will be provided to the City with monthly project invoices, including any revisions to the schedule or outstanding issues. EDAW will coordinate with the project team regarding project issues, data, reports, and any other information or materials necessary for preparation of the environmental documentation for the project. EDAWs project manager will attend up to four project-related meetings at the City Encinas Creek Bridge Replacement Project Page 8 Scope of Services EDAW, Inc. Attachment 1_Encinas Creek Scope REVISED (not including the six meetings assumed with the resource agencies), including the City Planning Commission Hearing to approve the project. TASK 6: CONTINGENCY ($25,260) A contingency of $25,260 (15 percent of fee for the services described above) will be included in the contract to cover unforeseen coordination or services that may arise during project implementation (e.g., additional fieldwork, studies, meetings, etc.). Use of the contingency funds will require prior authorization by the City. ASSUMPTIONS 1. Nolte will prepare a detailed project description with components that are key for the environmental analysis, including, but not limited to: the project area and limits of work; a description of the bridge remove and replace activities to be conducted; estimates of construction traffic; quantity of material to be excavated from the channel; and area of vegetation to be cleared; anticipated construction schedule; and, types of construction equipment to be utilized. 2. Nolte will also prepare the project SWPPP, construction detour plan, and traffic control plan. 3. The City will provide existing digital files (GIS, AutoCAD) necessary for the environmental analysis including, but not limited to, the project design, site topography, and General Plan land use. 4. EDAW will attend up to 10 project-related meetings (not including the 3 meetings for the Optional Task 4.3). 5. A two week review period for City staff is assumed. 6. This scope does not include any cultural resources surveys, protocol biological surveys, or noise monitoring. These services could be provided under a contingency or authorization a contract amendment, if necessary. 7. The City will handle the local agency review process, all public noticing, and all distribution to resource agencies. FEE The fee for the above scope of work is $168,401, as detailed in Attachment 2. In addition, a contingency of $25,260 for unforeseen services will be used only upon authorization from the City. The Optional Task 4.3 (CCC Coordination) will be $5,000. EDAW will invoice the City on a monthly basis for time and materials in an amount not to exceed $198,661. Encinas Creek Bridge Replacement Project Page 9 Scope of Services EDAW, Inc. Attachment 1_Encinas Creek Scope REVISED ATTACHMENT 2 Environmental Services for Encinas Bridge Replacement Project - CEQA and Permitting Support Submitted by: EDAW, Inc. April 4, 2008 EDAW Vice President (J. Dompe) Project Manager (L. Cavallaro) Senior Engineer/Scientist (J. Guigliano) Engineer/Scientist (B. Maddux) Analyst (A. Olazabal) Senior Biologist II (P. Jacks) Biologist III (J. Zinn) Biologist 1 (B. Calantas) Staff Archaeologist (C. Bowden-Renna) GIS Specialist (P. Augello) Graphic Artist (D.Brady) Word Processor Administrative Technical Editor Rate $250.00 $125.00 $195.00 $110.00 $95.00 $170.00 $125.00 $90.00 $85.00 $90.00 $90.00 $85.00 $90.00 $100.00 TOTAL EDAW LABOR Taskl Data Collection and Technical Reports Hours Costs 2 $500.00 16 $2,000.00 0 $0.00 0 $0.00 0 $0.00 4 $680.00 16 $2,000.00 32 $2,880.00 0 $0.00 30 $2,700.00 2 $180.00 16 $1,360.00 2 $180.00 8 $800.00 128 $13,280.00 Task 2 Preliminary Engineering Design and Project Description Support Hours Costs 2 $500.00 24 $3,000.00 4 $780.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 4 $360.00 0 $0.00 2 $170.00 0 $0.00 1 $100.00 37 $4,910.00 Task3 Preparation of Environmental Documentation Hours Costs 6 $1,500.00 40 $5,000.00 2 $390.00 3 $880.00 200 $19,000.00 8 $1,360.00 0 $0.00 24 $2,160.00 8 $680.00 80 $7,200.00 16 $1,440.00 40 $3,400.00 2 $180.00 20 $2,000.00 454 $45,190.00 Task 4 Permits (not Including CCC Coordination) Hours Costs 8 $2,000.00 60 $7,500.00 24 $4,680.00 40 $4,400.00 110 $10,450.00 8 $1,360.00 32 $4,000.00 80 $7,200.00 0 $0.00 55 $5,040.00 8 $720.00 48 $4,080.00 6 $540.00 24 $2,400.00 604 $68,370.00 TaskS Project Management and Meetings Hours Costs 8 $2,000.00 54 $8,000.00 8 $1,560.00 0 $0.00 0 $0.00 8 $1,360.00 0 $0.00 0 $0.00 0 $0.00 2 $180.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 90 $13,100.0( Total Hours Costs 26 $6,500.0C 204 $25,500.0( 38 $7,410.00 48 $5,280.00 310 $29,450.0( 28 $4,760.« 48 $6,000.0( 136 $12,240.0( 8 $680.00 172 $15,480.01 26 $2,340.0( 106 $9,010.« 10 $900.00 53 $5,300.« 1,313 $144,850.« Sub-Consultants Rates LLG SO.OO SUB-CONSULTANT COST EDAW MARKUP ON SUB-CONSULTANT 1 0% TOTAL SUB-CONSULTANT COST Taskl 0 $10.290.00 $10,290.00 $1,029.00 $11,319.00 Task 2 0 SO.OO $0.00 $0.00 $0.00 Task 3 0 $0.00 $0.00 $0.00 $0.00 Task 4 0 $0.00 $0.00 $0.00 $0.00 TaskS 0 SO.OO$0.00 $0.00 $0.00 Total 0 $10,290.0C $10,290.0C $1,029.0C $11,319.0C Project Expenses Couriers/Postage Equipment Maps/Film/Photos Reproduction Mileages Parking $0.485 Vehicle Use (Rental at cost, Company 4X4 $75.00 Miscellaneous (Permit Fees) PROJECT EXPENSES COST EDAW MARKUP ON EXPENSES 1 0% TOTAL PROJECT EXPENSES COST Cost $50.00 $80.00 $100.00 $500,00 0 SO.OO 3 $225.00 0 SO.OO $955.00 $95.50 $1,050.50 Cost SO.OO SO.OO SO.OO $50.00 0 SO.OO 0 SO.OO 0 SO.OO $50.00 $5.00 $55.00 Cost $0.00 $0.00 $0.00 $2,000.00 0 $0.00 0 $0.00 0 $0.00 $2,000.00 $200.00 $2,200.00 Cost SO.OO $0.00 SO.OO $400.00 140 $67.90 0 SO.OO 57,500.00 $7,967.90 $796.79 $8,764.69 Cost SO.OO SO.OO SO.OO $50.00 200 $97.00 0 SO.OO SO.OO $147.0C $14.70 $161.70 Cost S50.0C $80.00 $100.00 $3,OOO.OC 340 S164.9C 3 $225.0C $7,500.00 $11,119.9t $1,111.9! $12,231.8! TOTAL EDAW LABOR & OTHER DIRECT COSTS TASK 6: CONTINGENCY (1 5% of fee) OPTIONAL TASK 4.3: CCC COORDINATION TOTAL PROJECT FEE (NOT TO EXCEED) $25,649.50|$4,965.00]$47,390.001 $77,134.69]$13,261.701 $168,400.6! $25,260.1- $5,000 $198,661.0;