HomeMy WebLinkAbout1998-05-05; City Council; 14663; APPROVAL OF AN EXTENSION AND AMENDMENT NO. 2 TO AGREEMENT FOR DESIGN SERVICES FOR CANNON ROAD WEST IMPROVEMENT PLANS, PROJECT SPECIFICATIONS AND COST ESTIMATES WITH O'DAY CONSULTANTS, INC.Y71U,8
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L ,R CI OF CARLSBAD -AGENDA @ BILL &c,&
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DEPT. HD. 5 TITLE: APPROVAL OF AN EXTENSION AND
CITY MGR. 2 WITH O’DAY CONSULTANTS, INC., PROJECT NO. 3184 DEPT. ENG
CITY ATTY. 4 DESIGN SERVICES FOR CANNON ROAD WEST IMPROVEMENT 5-5-98 AMENDMENT NO. 2 TO AGREEMENT FOR
PLANS, PROJECT SPECIFICATIONS AND COST ESTIMATES 4
RECOMMENDED ACTION:
Adopt Resolution No. Ci.8- 1 3 5 approving Extension and Amendment No. 2 to Agreement ’
Design Services for Cannon Road West Improvement Plans, Project Specifications and Cc
Estimates with O’Day Consultants, Inc., Project No. 3184.
ITEM EXPLANATION:
The City entered into an agreement April 22, 1997 with O’Day Consultants, Inc., for the des
improvement plans, specifications and cost estimates for Cannon Road West. O’Day Consultant
the City’s request for statement of qualifications. City Council approved the selection of
Consultants, Inc. in a previous action on April 9, 1996.
Amendment No. 1 broadened the scope of work to:
0 Prepare information as required by the regulatory agencies during the permit negotiation pha5
0 Provide additional information as required by San Diego Gas and Electric Company;
0 Address items that were raised during the design phase of the project.
was selected as the best qualified firm to perform the needed work from those firms that respon,
Through the resource agency permitting process additional mitigation requirements were made
Cannon Road West project for impacts from the construction and use of Cannon Road
February 17, 1998, the City Council was made aware of the environmental process and i
summary of the mitigation package that is required to obtain the resource agency permits.
mitigation package requires the addition of items and notes on the construction drawings and
project specifications. The conditions also required additional wetland creation areas.
Summarized below is the work effort included in this amendment:
0 Additional surveying and field staking.
0 Coordinate with City staff to locate additional mitigation sites.
0 Preparation of grading plans, conceptual landscape and irrigation plans for four (4) additional
mitigation sites.
0 Preparation of legal description and plats for four (4) additional mitigation sites.
Z 0 0 Revisions to approved Cannon Road West plans, specifications, and cost estimates to compl
F conditions of approval (i.e., addition of fencing, biological information, restrictions to construc
0 4 0 Revision of the bridge plans to include sound barrier.
9
0 z 0 Additional hydrology studies. -
9 dl - 81 Additional soils analysis.
Page 2 of Agenda Bill No. / yd B @
Portions of Amendment No. 2 have been completed by O’Day Consultants, Inc. The California CI
Commission imposed conditions at the public hearing. The conditions had to be met befor
Coastal Development Permit could be issued. The Coastal Development Permit was required fi
Army Corps of Engineers (ACOE) to continue processing the 404 Permit. To keep the permit pr
moving and meet the ACOE required turnaround times, action was required immediately
receiving Coastal Commission approval. O’Day Consultants began the work effort prior to this cc
going to City Council to meet these turnaround times. The effort was successful and the C
Development Permit was received in the scheduled time to keep the ACOE 404 Permit pr
moving.
The Cannon Road West plans and specifications have been approved by the City Engineer. I
Consultants, Inc. has completed the work as required in a timely and professional manner. There
been several unpredictable delays and conditions imposed at the Coastal Commission public he; that have required design changes and exceptionally short turnaround times from O’Day Consu
Inc. The rapid response and professional manner that O’Day Consultants, Inc. exhibited durin
process allowed the City to work with the resource agencies and initiate the Cannon Road West F
earlier than originally anticipated. Staff recommends that City Council approve the attached cc
extension and amendment to the consultant agreement.
ENVIRONMENTAL IMPACT:
Y
The Planning Director has determined that the project is in prior compliance with an Environr
impact Report for Reach 1 and a Negative Declaration for Reach 2. This action requires meetir
conditions of approval of the environmental permits issued by the Regulatory Agencies based on
environmental studies.
FISCAL IMPACT:
The cost estimate for the project design tasks is as follows:
PRIOR CONTRACT AMOUNT
$90,521 AMENDMENT NO. 1
$41 5,176
$541 -353 TOTAL AMENDED CONTRACT
$35,656 AMENDMENT NO. 2
Amount previously paid to O’Day Consultants and $123,746 subconsultants under previous agreement
I TOTAL COST OF DESIGN
I
$665.099 1
The project is funded by CFD No. 1, TransNet and the Cannon Road West Fee Program. Funds
currently available and have been appropriated in the project account.
TOTAL APPROPRIATIONS TO DATE
Additional Estimated Costs to 6/30/98 $35,656 O’Day Amendment 2
$1,057,896 Contractual Obligations $3,350,120 Expenditures to Date $5,418,137
$345,494 ESTIMATED REMAINING BALANCE 6/30/98 $5,072,643 TOTAL ESTIMATED COSTS TO 6/30/98 $600,786
Page 3 of Agenda Bill No. h a 1
EXHIBITS:
1. Location Map.
2. Resolution No. q8 ’ I3 5 approving an extension and amendment No. 2 to Agreeme
with O’Day Consultants, Inc., for the Design of the Improvement Plans, Proje
Specifications and Cost Estimates for Cannon Road West, Project No. 3184.
3. Extension and Amendment No. 2 to Agreement for Design Services for Cannon Road WI
Improvement Plans, Project Specifications and Cost Estimates with O’Day Consultants, Inc
e
TION M
CITY OF OCEANSIOE
NOT TO SCALE
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0 0 Exhibit 2
RESOLUTION NO. 98-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY QF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION AND
AMENDMENT NO. 2 TO AGREEMENT WITH O'DAY
CONSULTANTS, INC., FOR THE DESIGN OF THE IMPROVEMENT
PLANS, PROJECT SPECIFICATIONS, AND COST ESTIMATES
FOR CANNON ROAD WEST, PROJECT NO. 3184.
WHEREAS, the mitigation measures imposed by the regulatory agencies through
environmental permitting process require revisions to the Cannon Road West pl;
specifications and estimates; and
WHEREAS, funds are currently available for the Cannon Road West project; and
WHEREAS, staff has previously solicited proposals from qualified civil engineering fi
to provide these necessary services to the City; and
WHEREAS, through a consultant selection process, O'Day Consultants, Inc., i
selected as the most qualified civil engineering firm; and
WHEREAS, a mutually satisfactory fee for the service has been negotiated; and
WHEREAS, it is in the best interest of the City to approve the amendment to the exis
contract; and
WHEREAS, Extension and Amendment No. 2 to the consultant agreement with 0'1
Engineering, Inc., has been prepared and submitted hereto; and
WHEREAS, the Planning Director has determined that the project is in prior complia
with an Environmental Impact Report for Reach 1 and a Negative Declaration for Reach 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst
California, as follows:
1. That the above recitations are true and correct.
2. That Extension and Amendment No. 2 to the consultant agreement between
City of Carlsbad and O'Day Consultants, Inc., is hereby approved and the Mayor is authori
and directed to execute said amendment.
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3. That the City Clerk is directed to provide a copy of the executed amendment tc
Engineering Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Co
held on the 5 day of my , 1998 by the following vote, to wit:
AYES: Council Members Nygaard, Hall & Finnila
NOES: None
ABSENT: Lewis & Kulchin
7&
CLAbDE A. LEWIS, Mayor
RAMONA FINNILA, Mayor Pro Tern
ATTEST:
L2!k&fL& ffl,
ALETHA L. RAVT~NF~~G~~ L2!k&fL& ffl,
ALETHA L. RAVT~NF~~G~~ (SEAL)
0 0
EXTENSION AND AMENDMENT NO. 2 TO
AGREEMENT FOR DESIGN SERVICES FOR CANNON ROAD WEST
IMPROVEMENT PLANS, PROJECT SPECIFICATIONS AND
COST ESTIMATES WITH O'DAY CONSULTANTS, INC.
This Amendment is entered into and effective as of the // ~ day
of /'f A 7 , 199 8 , amending the agreement dated April 22, 1997 by and
between the City of Carlsbad, a municipal corporation, hereinafter referred to as "City",
and O'Day Consultants, Inc., hereinafter referred to as, "Contractor" for design services
for Cannon Road West improvement plans, project specifications and cost estimates.
RECITALS
WHEREAS, the City and Contractor desire to extend the term of the
agreement dated April 22, 1997 for a period of six (6) months ending on October 22,
1998; and
WHEREAS, the initial agreement, dated April 22, 1997 identified a scope
of work to perform the following tasks:
Task I: Design Cannon Road West Task II: Design Lot 5 CT 94-09-1 Borrow Site
Task Ill: Design Borrow Site Village "I" Kelly Ranch Task IV: 1 :I Wetland Mitigation Area Task V: Design Vertical Drains
WHEREAS, Amendment No. 1 dated November 4, 1997 added the
following tasks:
Delete Task II: Delete Task 2 to design lot 5 CT 94-09-1 Borrow site
Task VI; Provide information and revise plans as required by
the regulatory agencies
Task VII: Provide construction staking, field survey information, pot holing and other ancillary services as required by San Diego Gas and Electric Company in excess of
those defined in the scope of work.
9/11/96
0 0
Task VIII: Design a Vertical Drain System for Agua Hedionda Channel Bridge and a Geotechnical Report Summary for Cannon Road West Reaches I and 2.
access road, plats, legals, plans, specifications, and Task IX: Design El Camino Real widening transitions and
estimates; and
Task X: Design a grading and erosion control plan for Reach 1 from its easterly terminus at LEG0 Drive to the westerly terminus for Macario Canyon Bridge (Station 65+00)
WHEREAS, the parties to this aforementioned agreement desire to alter
the scope of work as follows:
Add Task XI : Engineering Services to meet Cannon Road West
mitigation requirements
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the patties hereto, and as shown on Exhibit "A"
Scope of Services and Fee;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Contractor hereby agree as follows:
1. The term of the agreement shall end on October 22,1998.
2. Contractor shall provide services as outlined on the attached
Exhibit "A".
3. City shall pay Contractor for all work associated with Paragraph I
above, on a time and materials basis not-to-exceed $35,656. Contractor shall 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.
911 1 /96
0 0
4. All other provisions of the aforementioned agreement entered into
on April 22, 1997, by and between City and Contractor shall remain in full force and
effect.
5. All requisite insurance policies to be maintained by the Contractor
shall include coverage for the amended assignment and scope of work for the
extension period.
Acknowledged and Accepted:
CON TRACTOR:
Patrick N. O'Dav/President
(print name/title)
By:d. (sig here)
Patrick N. O'Dav/Secretarv
(print namehitle)
CITY OF CARLSBAD, a municipal
corporati n of the State of California
BY <t-+74 Mayor
RAMONA FINNILA, Mayor Pro Tern
ATTEST:
ALETHA L. RAUTCNKWNZ
City Clerk
\ fvl c1A.r I I / cici,r DATE 1
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY
9/11 /96
CaLlFORNlA ALLmPURP Q E ACKNOWLEDGMENT 0
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0 1995 National Notary Assoclatlon - 8236 RemmetAve.. p.0. B~~ ,I%, Canoga Park, CA 9,309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1.g
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February 27,1998
Promo No.: 98-003 1 G)JM-R\T Il /y' Revised: April 14, 1998
J.N. 96-101 1
Ms. Sherri Howard
City of Carlsbad
Scope of Work
for
Cannon Road West (Project 3 184)
Engineering Services to Meet
Coastal Commission Mitigation Conditions
Task XI:
A. Lump Sum fee of $5,235.00 due and payable upon percentage of work
completed. Office calculations and field survey to:
Condition 2.3
3.3 1 acres of Least Bell's Vireo and Southwestern Willow Flycatcher habitat
(done under previous addendum).
m 100-foot upland biological buffer (done under previous addendum).
Condition 3.1
Set stakes to show the limits of work and toe of slope of the easterly bridge
embankment per Dwg. No. 333-2G, and which lies above the existing dirt road.
Condition 4.3
Set stakes to show the limits of work for 28 acres of pampas grass removal per
delineation lines on a map provided by the city, to meet Coastal Commission
Condition 4.3 for Cannon Road West.
Condition 1 .e.
Locate all mitigation sites:
m 3.3 1 acre site upland of Macario Canyon (done under previous addendum).
0.44 acre site on Kelly Ranch adjacent to El Camino Real.
m 3.02 acre site within the Agua Hedionda Preserve.
4.77 acres of riparian habitat.
m 0.9 acres of 1 : 1 replacement for brackish marsh and riparian vegetation
shading impacts.
0 0
Scope of Work
Page 2 of 7
B. Lump Sum fee of $3,6 17.00 due and payable upon percentage of work
completed. Prepare legal descriptions and plats to meet the conditions of
Condition 2.3
3.3 1 acres of Least Bell’s Vireo and Southwestern Willow Flycatcher habitat
(being done under previous addendum).
100-foot upland buffer (being done under previous addendum).
Condition 1 .e.
All mitigation sites: - 3.3 1 acre site upland of Mac40 Canyon. . 0.44 acre site on Kelly Ranch adjacent to El Camino Real.
3.02 acre site within the Agua Hedionda Preserve.
a 4.77 acres of riparian habitat. . 0.9 acres of 1 : 1 replacement for brackish marsh and riparian vegetation
shading impacts.
C. Lump Sum fee of $942.00 due and payable upon percentage of work completed.
Revise Dwg. No. 333-26 to reflect the following Coastal Commission
conditions for Cannon Road West:
Condition 1.1
Show the location of Least Bell’s Vireo and Southwestern Willow Flycatcher
habitat and riparian habitat (Sheets 7,9, 10, 11, 12, 13, and 14).
Condition 1.3
Call out “close graded asphalt” as roadway surface material (Sheet 1).
Condition 2.1
Provide plans for the 3.3 1 acres of mitigation area (Dwg. No. 333-2GB and
Sheet 15/15 ofDwg. No. 333-2GA).
Condition 2.2
Provide plans for the 100-foot wide biological upland buffer on the easterly side
of the mitigation area (Dwg. No. 333-2GB and Sheet 15/15 of Dwg. No. 333-
2GA).
0 0
Scope of Work
Page 3 of 7
Condition 3.1
Show limits of construction, staging and storage locations. Limits have been
shown, add storage and staging to Dwg. No. 333-26, Sheet 8.
Condition 3.2
Show silt fence (“drift” fence) between construction zones and wetland, riparian
and other sensitive habitats. Check to see if all areas covered, add as necessary.
Condition 3.3
Show potentidoccupied Least Bell’s Vireo, Southwestern Willow Flycatcher
and Coastal California Gnatcatcher habitat and riparian vegetation. Tetra Tech
to provide locations.
Condition 3.9
Identitj. existing paved and dirt roads to be used as construction haul roads.
Dwg. No. 333-2G7 Sheet 14.
Condition 1 .a.. b.. and c.
IdentQ offsite mitigation sites: - 3.31 acre site upland of Macab Canyon (Dwg. No. 333-2GB).
9 0.44 acre site on Kelly Ranch adjacent to El Camino Real @wg. No. 333-
3.02 acre site within the Agua Hedionda Preserve @wg. No. 333-2GC).
’ 4.77 acres ofriparian habitat @wg. No. 333-2Gc).
2Gc).
- 0.9 acres of 1: 1 replacement for brackish marsh and riparian vegetation
shading impacts @wg. No. 333-ZGC).
D. Lump Sum fee of $4,156.00 due and payable upon percentage of work
completed. Revise specifications for Project No. 3184 to reflect the following
Coastal Commission conditions for Cannon Road West:
Condition 1.1
Instructions to Contractor: to ensure that construction activities within or
adjacent to Least Bell’s Vireo or Southwestern Wdow Flycatcher habitat are
within 300 feet of riparian habitat shall be performed outside of the breeding
season (September 15 through March 15); that construction outside of the 300-
foot areas shall not exceed noise levels of 60 &A Leq. Measured at 50 feet
0 0
Scope of Work
Page 4 of 7
fiom the riparian boundary; that activities that may result in clearing riparian
habitat within the project area and at the mitigation site shall be performed outside of the breeding season of the reference species (September 15 through
March 15). Special provisions Paragraph 7-5.2a includes some areas, but additional description is needed,
Condition 1.4
Instructions to Contractor to authorize the U.S. Fish and Wildlife Services to
visit the habitat areas on site. (SpecPro para 7-5.2~).
Condition 2.4
Success criteria.
Condition 3.1
Environmental (“safety”) fence shall be placed prior to construction and shall not
be removed until completion of project. Safety fencing shad be placed and
removed during the non-breeding season of Least Bell’s Vieo and Southwestern
Willow Flycatcher (September 15 through March 15). (SpecPro para 7-5.2a.
needs additional description.
Condition 3.2
Silt (“drift“) fence shall be placed and removed during the non-breeding season
of Least Bell’s Vireo and Southwestern Willow Flycatcher (September 15
through March 15). (SpecPro para7-5.2d.).
Condition 3.3
Clearing of riparian vegetation for construction or operations shall not occur
fiom March 15 to September 15. Riparian, wetland habitat or coastal sage scrub
accidentally, temporarily destroyed in the project area, or vicinity of the project
area, shall be re-vegetated within 12 months of the temporary impact. Riparian or other wetland habitat accidentally permanently destroyed in the project area or
vicinity of the project area shall be immediately replace at a ratio of one acre
replaced (through wetland creation) for each acre disturbed or destroyed basec
on a plan approved by the U.S. Fish and Wild{& Service. (SpecPro par 7-5.2.e)
e e
Scope of Work
Page 5 of 7
Condition 3.5
Remove, eradicate and control invasive weeds from all riparian areas directly
disturbed by construction or operations for not less than five years from initiation
of construction. The following weeds shall be controlled at least twice annually
(before seed set, as appropriate) so that the total aggregate extent of weed cover
does not constitute more than five percent of the total area disturbed:
Eucalyptus, Arundo, Acacia, Rumex, Carpobofhs, Myoporum, Cortaderia,
Schinus, Cynodon, Nicatiana, Vinca, Allanthus, Salsola, Ciralum, Cystisus,
Foeniculum, Tamarix, Cynara, Marrubium, Pennisetum, and Centaurea. The
goal of weed is to eradicate Eucalyptus, Arundo, Ricnus, Cortaderia, Foeniculm,
and Tamarix onsite. Weed efforts shall not impend or preclude native plant
vegetation (passive or active) of the area. (To be done by City).
Condition 3.6
Areas subject to contact with wet concrete shall be de-watered or have surface
flows diverted until the concrete is fblly set. (SpecProv para 303-1.8.1).
Condition 3.7
No night time lighting will be used as part of construction or operations in areas
of the project that are within 500 feet from Least Bell’s Vireo and Southwestern
Willow Flycatcher habitat. (SpecProv para 7-5.2.b).
Condition 3.8
AU employees and agents of the Contractor shall be informed of the sensitivity of
the habitat areas and the presence of the listed and protected species
. accommodated therein; and, instructed as to the content of the U.S. Army Corps
of Engineers permit, the U.S. Fish and Wildlife Biological Opinion, and the
Coastal Commission special permit conditions and terms and conditions.
(WSFWS opinion covered by SpecProv para 7-5.2, but need to add USACOA
and Coastal).
Condition 3.9
Construction haul roads shall utilize existing paved and dirt roads. No widening
of the existing dirt roads shall be allowed if impacts to native vegetation will
occur. (SpecProv para 7-5.2.0.
0 e
Scope of Work
Page 6 of 7
Condition 4.3
Pampas grass shall be removed within the limits of work of Cannon Road West
in the Macario Canyon within 24 months after commencement of the project.
Any newly established or re-sprouted pampas grass within the limits of work of
Cannon Road West shall be removed in years 3,4, and 5. (To be done by City).
E. Lump sum fee of $4,220.00 due and payable upon percentage of work
completed. Revise the Macario Canyon Bridge plan to meet Coastal
Commission Condition 1.2; design a three-foot high sound barrier on the north
side and a solid four-foot high sound barrier on the south side of the Macario
Canyon Bridge. Dwg. No. 333-26, Sheet 82.
F. Lump sum fee of $7,339.00 due and payable upon percentage of work completed. DraRig only, for mitigation plans designed by otherdprovide by the
City, for additional mitigation areas of
Condition 1.a.. b., and c.
. 3.31 acre site upland of Macario Canyon @wg. No. 333-2GB). . 0.44 acre site on Kelly Ranch adjacent to El Camino Real @wg. No. 333- . 3.02 acre site within the Agua Hedionda Preserve @wg. No. 333-2GC). . 4.77 acres of riparian habitat (Dwg. No. 333-2GC). . 0.9 acres of 1 : 1 replacement for brackish marsh and riparian vegetation
2Gc).
shading impacts (Dwg. No. 333-2GC).
Condition 3.4
. Draft additional riparian and wetland areas restoration sites fiom redline designs
provide by the City @wg. No. 333-2GC).
G. Lump Sum fee of $2,214.00 due and payable upon percentage of work
completed. FiReen (15) hours of meetings and coordination with the City and
other City consultants.
H. Lump Sum fee of $429.00 due and payable upon percentage of work completed.
Reproduction.
I. Lump Sum fee of $2,214.00 due and payable upon percentage of work
completed. Prepare a comparative hydrology study for the existing and
proposed conditions for a 10-year, six-hour storm.
0 0
Scope of Work
Page 7 of 7
J. Lump Sum fee of $5,290.00 due and payable upon percentage of work
completed.
Consultant will:
a. Add an additional approximate 0.3 acres of Willow Scrub habitat planting
and irrigation to the north mitigation site of Dwg. No. 33 3-2GB.
b. Add a 100-foot wide biological upland buffer along the easterly side of the
north and south mitigation sites of Dwg. No. 333-2GB.
c. Collect and ergonomically test 14 soil samples of the mitigation sites of
Dwg. NO. 333-2GB.
d. Revise the planting and irrigation specifications for Dwg. No. 333-2GB, to
inchde the 100-foot buffer, soils test results amendment recommendations,
succesdperformance criteria, measures for areas that do not meet success
criteria in Year 1, drift fencing, and service agency access to site.
F:~MSOFFICE\W~NWORROMOP~-OO~~~~OW.~OC
v-
May 13,1998
Patrick N. O’Day, President
ODay Consultants, Inc.
7200 Avenida Encinas, Suite 204
Carlsbad, CA 92009
RE: AMENDMENT NO. 2 TO AGREEMENT FOR DESIGN SERVICES
PROJECT 3184 CANNON ROAD WEST IMPROVEMENTS
On May 5, 1998 the Carlsbad City Council adopted Resolution No, 98-135, approving
and extension and amendment no2 to an original agreement with your company to
provide design services, project specifications and cost estimates for the above
referenced project.
Enclosed please find a copy of the Council Resolution No.98-135 and a signed original
of Amendment No. 2 for your files.
If you have questions regarding this amendment and extension, please call Sherri
Howard, Engineering Department, at (760) 438-1 161 extension 4427.
Ap+
KATHLEEN D. SHOUP Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-7 989 - (760) 434-2808