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HomeMy WebLinkAbout1999-01-05; City Council; 14994; North Agua Hedionda Interceptor Sewer Maintenance* CITY OF CARLSBAD -AGENDA BILL AB# /m TITLE: TO APPROVE AN AGREEMENT WITH r DUDEK & ASSOCIATES TO PROVIDE MTG. 01 lOSl99 ENVIRONMENTAL SERVICES FOR NORTH AGUA CITY ATTY.& DEPT. CMWD HEDIONDA INTERCEPTOR SEWER MAINTENANCE ACCESS ROAD, CMWD PROJECT NO. 98-101, CITY CITY MGR.w PROJECT NO. 3537 RECOMMENDED ACTION: Adopt Resolution No. 9$ - 7 to approve an agreement with Dudek & Associates to provide environmental and construction services for North Agua Hedionda Interceptor sewer maintenance access road, CMWD Project No. 98-101, City Project No. 3537. ITEM EXPLANATION: The proposed project includes approximately 3,000 lineal feet of a road for access to perform necessary maintenance for the North Agua Hedionda Interceptor Sewer. The access road parallels the north shore of the Agua Hedionda Lagoon from Cove Drive to Hoover Street. Exhibit 1 shows the location of the proposed access road. Proposals to prepare an environmental review, wetland permitting, Coastal Development Permitting, Endangered Species Surveys and Section 7 Permitting Assistance of the facilities were received from Dudek & Associates, Recon Consultants, and Planning Systems. The Consultant will be specifically authorized by the District to proceed with the permitting activities after the permits are deemed necessary for project progress. District staff reviewed the proposals received and selected the firm, Dudek & Associates, as having the most responsive proposal for the work. FISCAL IMPACT: The funding for the environmental services will come from the North Agua Hedionda Interceptor Rehabilitation appropriation. The costs and appropriations are as follows: Funds Expended -O- Additional Funds Encumbered -O- Amount Requested For This Project Continaencies Therefore, there are sufficient funds available for this project. Page 2 of Agenda Billie. /y 99 4 ENVIRONMENTAL REVIEW: The intent of this professional services agreement with Dudek & Associates is to finalize the environmental work for the North Agua Hedionda Interceptor Sewer Maintenance Access Road from Cove Drive to Hoover Street. This work is exempt from CEQA in accordance with Section 15306 Class 6 Information Collection. EXHIBITS: 1. Location Map. 2. Professional Services Agreement between Dudek & Associates and the City of Carlsbad. 3. Resolution No. 99 - ? to approve an agreement with Dudek & Associates to provide environmental services for North Agua Hedionda Interceptor sewer maintenance access road, CMWD Project No. 98-101, City Project No. 3537. . * LOCATION MAP ‘ROJECT NAME: Project No. Exhibit No. UORTH AGUA HEDIONDA INTERCEPTOR SEWER VlAlNTENANCE ACCESS ROAD 98401 1 1 RESOLUTION NO. 9’3-7 i’ 2 ~: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA FOR APPROVAL AND 3 4 5 6 7 8 9 10 11 12 13 ACCEPTANCE OF PROPOSAL FROM DUDEK & ASSOCIATES TO PROVIDE ENVIRONMENTAL SERVICES FOR NORTH AGUA HEDIONDA INTERCEPTOR SEWER MAINTENANCE ACCESS ROAD, CMWD PROJECT NO. 98-101, CITY PROJECT NO. 3537 WHEREAS, Requests for Proposals were requested to provide the necessary environmental services for preparation of design plans and specifications for North Agua Hedionda Interceptor Sewer Maintenance Access Road, CMWD Project No., City Project No. 3537; and responses were received from Dudek and Associates, Recon Consultants, and Planning Systems; and after review of the proposals, the staff recommended Dudek & Associates based on a good understanding of the work 14; to be performed and as the most responsive in meeting the objectives of the 15~ 1 161 environmental review and construction environmental permitting services; and 17ii WHEREAS, the City Council of the City of Carlsbad, California, has 18 ~~ determined it necessary and in the public interest for approval and acceptance of a 19 ‘/ proposal from Dudek & Associates to review certified ElRs and prepare biologicaf 20 21 22 23 24 25 26 27 28 ; technical reports for North Agua Hedionda Interceptor Sewer; and WHEREAS, funds appropriated in the amount of $150,000 have been appropriated in the 1997-98 budget for the North Agua Hedionda Interceptor Sewer, and the project cost estimated for the environmental services for the North Agua Hedionda Interceptor Sewer Maintenance Access Road is $45,530 for environmental services and $4.470 for contingencies, therefore, there are sufficient funds available for this project. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 23: 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cartsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached agreement between Dudek & Associates and the City of Carlsbad be approved and accepted, 3. That the Mayor, as representative of the City of Carlsbad, is authorized and directed to execute the proposed agreement between Dudek & Associates and the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of Carlsbad, California, held on 5 ~11 day of Jmuary 1999 ,by the following vote to wit: NOES: P;cx~e --cl i ABSENT: r-~nr ./ f KAi-i%N ““z L KTIYDT:: *. i/ , A!k&lr:t city f I*2 I k (SEAL) CMWD 98-101 THIS AGREEMENT is made and entered into as of the 5 th day of 2 :i :i 1.1 .i r .,P , 192, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”. and DUDEK 8 ASSOCIATES, a California corporation, hereinafter referred to as “Contractor.” RECffALS City requires the services of an enaineerinq Contractor to provide the necessary bjoloaical services for preparation of environmental documentation for North Aaua Hedionda Interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Street - CMWD Proiect No. 98-101; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: I* CONTRACTOR’S OBLIGATIONS See attached Appendix A. 2. CITY OBLIGATIONS The City shall provide the following: 1) Prompt review of materials submitted for comment, 1 Rev. 08117198 2) As necessary, assistance to promote the contract and other information as requested in writing, 3) Written authorization for Contractor to proceed for each task. The Contractor shalt not commence work on any task not specifically identified in writing. 4) Contractor shall not proceed on construction permitting tasks until CEQA document has been approved by an appropriate decision making body and supplied by the administrative manager. 3. PROGRESS AND COMPLETfON The work under this contract wilt begin within ten (IO) days after receipt of notification to proceed by the City Engineer or designee and be completed within three hundred sixtv five [#&&g/calendar] days of that date. Extensions of time may be ,*%. granted if requested by the Contractor and agreed to in writing by the City Engineer or designee. The City Engineer or designee will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee amount payable for the services to be performed is not to exceed $45530.00. N o other compensation fur services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. Incremental payments, if applicable, should be made as outlined in attached 2 Rev. 08117198 Appendix “A.” 5. DURATION OF CONTRACT This agreement shall extend for a period of three hundred sixty five davs from date thereof. The contract may be extended by the City Manager for one (1) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within thirtv 130) days of completion and approval of the final permit documents the Contractor shall deliver to the City the following items: 1) Copies of any and all permits submitted/obtained on our behalf, 2) All background documentation not previously transmitted, 8. 3) (3) copies of the Biological Technical Report. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shalt be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in 3 Rev. 08/l 7198 charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3,28,172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the 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,. the City shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination, 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the District Enaineer. The 4 Rev, 081171’98 District Enoineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. tn the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however. the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act, 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 fafse information or in reckless disregard of the truth or falsity of information. If the City of Carfsbad seeks 5 Rev. O&/l 7/98 to recover penalties pursuant to the False Claims Act. it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Cartsbad to disqualify the Contractor from the selection process 1 .- #‘-. i _ :i4, (tnitial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.i2.026. 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. 13. STATUS OF THE CONTRACTOR +\ The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The 6 Rev. 08117398 Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any empfoyee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement 14. CONFORMiTY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 7 Rev. 08117190 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and the Carlsbad Municipal Water Distnct and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent a&t or omission of the Contractor, any, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. t9. SUBCONTRACTING If the Contraetor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor% 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 contract shall create any contractual relationship between any subcontractor of Contractor and the 8 Rev. 08/l 7i98 City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work untess specifically noted to the contrar)r in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorired in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become. directly or indirectly interested personally in this contract or any part thereof.* 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,“ ail terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. Rev. oammi 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 25. INSURANCE The Contractor shall obtain and maintain for the duration of the contract 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 work hereunder by the Contractor, his agents, representatives, employees or subcontractors, Said insurance shall 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” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City 10 RW. 08117198 Manager: 1. Comprehensive General Liabitity Insurance. St ,000,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City>, $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work B. Additional Provisions. Contractor shalt ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City and the Cartsbad Municipal Water District shall be named as additional insureds on all policies excluding Workers’ Compensation and Professional Liability. 11 Rev. 08/l 7398 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage. excludrng Professional Liability which shalt be written as claims-made coverage. 4. This insurance shalf be in force during the life of the agreement and any extension thereof and shall not be canceled tvithout 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 12 Rev. 08/17i’98 26. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title Name Address For Contractor: Title Name Address Architect/License Number: Landscape Architect License No. 3319 Michael Sweesv Architect/License Number: William E. Plummer, P.E., &strict Enaineer Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Sherri Miller Dudek 8 Associates 605 Third Street Encinitas, California 92024 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carisbad Business License for the duration of the contract. 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision 13 Rev. 08117198 - hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this z?~%& day of -&.+,,172 I jg ja. CONTRACTOR: “CARLSBAD, a DUDEK & ASSOCIATES, a California corooration t (flame of Contractor) T By: /y?.. ,/’ /./ “;/Jr, 2 /ii jr - 6. ‘j &yi riix@). : ” j+4./ i rl FRANk J. DUDEK, President (print name/title) ATTEST: 1mA L. wNKF$+! City Clerk u KAREN R. KLWDTZ, Assistant City Clerk (Proper notarial acknowledgment of executian by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations+ If only one officer signs, the corporatjon must attach a resolution certified by the secretary or asststant secretary under corporate seal empowering that ofker to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By Ass~~~~~~* ti CMWD 98-101 14 Rev. 08117198 STATE OF CALIFORNIA /I ss COUNTY OF L,,j$fi pj~ir-~: ~ on before me, i-i;- pv i2-j i-.rp pq *l, j&-f+?+ K ’ 3ATE “-.-__l NAME AND T:TLE OF OFFlCEC-3 personally appeared f-gq+.Yu /I npb% c%P.iv -pAp&L L Jgqj- NAMERS) OF flGNE@S) personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowiedged to me that he/she/they executed the same in his/her/their authorized capacityfies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. QFFK=lAL =L 7 HEWEm h4. BURBPbNK hl,~7$P\r PlJecfC c.wFOFIN~~~ ~x4b.4~ ~0 i toh9M q+ :.1pi jc-3 ~t~Ir!hlrY -- - ; * ~j:!‘;;: .!:aP.jW.Zf,~~t UF seat.) 7 Title or Type of Document imrmt * f;, p&&4& fe, M b(q l--kdmdq / i/ Date of Document $$3J. C@l\7 9e No. of Pages I4 Signer(s) other than named above we CMWD 98-101 06~1495 Rev. SCOPE OF WORK Revised Proposal to Provide Environmental Sewices North Agua Hedionda Interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Street - CMWD Project No, 98- 101 f&s& f: PrujeCr Iniridtiun and Kick4M During this task. the DCIDEK project manager ~,wU meet w+lth CMSIII’D staff and City of Carfsbad staff as approprrate to rcvic*.ti the avaiiabfe project materials and verify that ail parties have a common and thorough understanding OF the proposed project and alternatives. As part of ths task, DCIDEK will obtain mappmg from CM’&‘D and ~~111 acyuxe aerial photographs of the study area as appropriate !Ve also~+~Unbrain and re~.%~ the previous avallabie envlronmentaldocumentation for the improvements: and for projects in the virtity At the conclusion of tl~s task: DUDEK wJ.l draft a techmcai memorandum documenting the project description and alternatives to be analyzed in the environmental documentation III nrdcr to ensure that all team members have a common understanding of the definition of the proposed prqect and alternatives. The technical memorandum wllJ document our assumptions regarding the level of disturbance anticipated for the proposed Improvements and alternatIves, incittding temporary and permanent grading impacts, as weU as construction staging areas. Task 2: Cuncfuct field Survey 4% Wetfand DeLheathn During this task, DUDEK biofogrsts will conduct a one-day field survey of the proposed alignment areas, reviewing the study area rn the context of any previous environmental mappmg and documenratlon and recent aerial photographs, A fieid vegetation map will be compiled on topography to be supplied by CMWD. The field map will include anecdotal observations OF sensitive species. A formal wetland delineation wrll be conducted in the impact area in accordance with the guidelines of the Corps and the federal Clean Ifrater -4ct. ,4t the concfusion of this task, the DUDEK project manager wtll meet with CMWD and City staff as appropriate to review the results oE the field investigation. The need for focused surve;,~s for sensmve species also will be discussed based on the results of the Field visit. If it is determined that focused surveys are needed, the appropriate timing of surveys will be discussed based on seasunaf requirements. Because the scope of these surveys WU not be known until the resource agencies have been briefed, these costs are not included at thus time. North Aqua Hedionda Interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Street - CMWD Project No. 98- 10 t -4s dppr~‘p”1.‘:‘. Jurtng ths r&l& at:rJEK sr,-iEf *.IxlL mecf in thr itc!d ‘.%*ith rcprcst-ntac1xTs of ‘::,~\‘~,1fxI. -. r,he Cltv ::~f ~Carlsbad acd rts~~vrre .~s~r~L-l~r LI:J~~ TL 1 1 .it p”“p”““s c,P the field %Ysrts itiii be to rev1r,v ErnJlneri,cl~t~rniln~!f. l~Ailtlrrn~3i f"il1Xd c:.ir:.'r*~‘~' _ , _I J.rt’ rCqUlred. JlKUSS~lCZ~hdS lOPll;‘rild dnd TIJfl;mZs?J Uilpai’ts tJ Ihe Ili~lxlnl~:III CXPc’Lt fc.i5ibk. and e’.‘ai?_;ate potent:a~ TEItIgaUc~n techllq:1cs for Impac.t$ that cannot be .i::r~:dcd I!p fo :ilrcc ri=ld meerlngs ire mciadud m the siipe ar v;f3rk. Task 3: Prepare Biulog/iral Re.wurces Technid Repoti Based on the rnformatian assembIed durmg Task 2, and an:,’ additional survey ;vnrk or bused sun~e~,‘s that ma)+c required cbut that XE not apart nf this proposed fee). DUDE&Z will prepare a stand-alone Eiolng~cal Rcswrces Techmsal Report suitable far inclusmn as an Appendix ta Eutucc CECL4 documentation or resource agency perrmt applications IF these are necessary The Biolag~cal Resources Technical Report *+ vill consist of text, graphics and appendices and will document surve;,’ methods and results. discuss existing cond;tlons in both a locaiand regional context, quantify direct, indirect and cumulative impacts far the proposed project and alternatives. and recommend mitigation measures as appropnate. The nxtigarmn recommendations may include description of construction techniques, such <IS micro-tunnehng that could be used to minimize or avoid imparts. Seasonal issues related to construction during the breeding season also will be discussed as appropriate. Detailed mitigacron plans. such as rmght be required for resource agency permits, are not included in this task. The report also WA describe the relationship and consistency of the proposed project Lmpacts and mltlgations to the Carisbad Hs\AP and other regional resource planning efforts. A . separate wetland delineation report will be prepared and appended to the Biological Resources Technical Report to facilitate potential future resource agency permitting efforts if these are necessary. Task 4: Prepare Environmental Documentation During this task? DUDEK biologists and environmental analysts will prepare draft environmental documentation for the proposed project It is assumed that CMCVD will be the lead agency for the CECA documentation and that an hZND will be determined to be the appropriate Form for the environmentaf documentation. The City of Carlsbad wti be a responsible or co-lead agency and WIII be responsible for oversight, review and approval of the draft document prior to public revicwr distribution. The MND will be prepared in accordance with CEQA Section 15070 of the City of Carlsbad CEQA guidelines. It is assumed that, with the exception of the additionaf project dessnption and biological information to be assembled as part of Tasks 1-3, sufficient environmental information exists from previous studies to complete the MND and no new technical studies such as cultural resources, noise: or traffic will be required. -@g&g@ .‘ippen.l ,K ,q ~,~.‘ll.f~4.,~~l’.l / hiSV'CI,4TES *, b.ilII"I~# i‘i.... (.. b'>. ...sl,rl V$ i7,: , w. *: _,.. ,I . * North Agua tkdionda interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Street - CMWD Project No, 98-t 0 t fihr SCII~X! tit: :.‘.Y>fk !l-,iIlXkS FK-F”‘Fit’Q” Of “F to t=%‘o sireeni!xck draft .?ZNCs plot co rilsrrrbution hr puhiii rc~.‘:c~.v rlI’T;EE: .,1;:1l mcft -A-:th cr~e’JJ*QT lf net:cssar],‘, to d:tarn ionlments on the s~re~n<he~:i dr;lit .k!PII_l‘! 131d’DE!C *.:.12 prcp~:f imnl COMICS nf the Draft f;lbJE ;tnd appenifices for pubsii re~w.5~ distribi.tt:r~n i71,- Ceyl . I h rri,=r: rI\.,:CIE$; .,,“,!H 35s1’F {-“’ rlT’1 .?L -Airi I* t 1n p’cp<i’lnGj the pubhs nciriie for the :w!ND and ;hc cliklii rct’;i’-“- dV L1strrb1ttm list #3ur scope ct-.vork assumes E’,Vl> rc3units L,f rel;i$l<>ns to the h’INP> prrcr tn pul?ii;l rt”.‘ie-,l, The propsed SCG~E and cost csttmc~tc <Isslimes DUDEK ~rllsubmt the foLIowing for the Draft b\ND prior to the start of the pubht rcx4uw period. l Two copies of screencheck MND and appendices in response to CMWD comments: l Fifty (50) cop~cs r~f the Craft MND~‘Inrtial Study and appendices for public review distribution; l One reproducible master cqy of all documents; l i4ny related teihnrcaldata or studiesgeneratedmconrunctianwithpreparationof the Initial Studv I”c:ND. Following public revrew, DUDEK ~,viU prepare draft responses to all comments received during the public review period. Draft responses~ill be subrmtted toCMLVD for review and comment, DWDEK TLIc-ill incorporate comments of CLVItrD into the Final IMND. For budgeting purposes, preparation of responses to a maximum of f’ f 3 individual comments has been assumed. (A single letter may contain numerous mdtvidual iomrnents). DWDEK iyill prepare necessary copies of the Final MND for distribution b~CMW’D. @ne reproducible master of the FinallMND wrllalso be provided toCMIVD. 7&&S: Develop Pemitting Stm tegks Prepare Resowce Agency Pen& App fia ations, and Permit Pruce55ing During this task. DUDEK staff will prepare a flow chart documenting permit requirements for the project based on information gathered during Tasks l-4. From this flow chart,, an overall permit strategy and timeline will be selected based on the overaH objective of reducing and streamlining permit requirements. The permit strategy will be reviewed with CMWD and City of Carfsbad staff, and with resource agency staff as appropriate. DWDEK wiLl prepare an Individual Permit application in accordance with Section 404 of the federal Clean Water Act for the Corps of Engineers and an application for water quaky certification or warver for the Regional Water Qualit>r Control Board (RWQCB) in accordance with Section 404 of the Clean TVVater Act for hpacts associated with the project. Preparation of the Individual. Permit application wtll mclude development of a statement of purpose and need. analysis of alternatives, : North Agua Hedionda interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Street - CMWD Project No. 98- 10 I Rtl&?SlS (36 prOpOSed lmF”Ct5 t0 *,I‘Jiter5 L-f rile ti. 5 dIld ~wdIands. dssessmcnt of the quahy of ~,vctIands Er, be impacted, ldentificatlon of rrutlyatlnn requirements. regulatarl,’ coordination and meet rngs ‘4 draft pernut applh:atlc~n and isrtriiratlon watver ap&-at1oI-1 ‘*VlU be submitted to you for \m3r rfx?e’.fi,. Ltl’CIEK cher; *..tG mike ,311v ne~esrx” a-i- , Jc I 1 I ,angcs and submit the apphcat:ons to the Carps and RlYilCE, DVDEK antli:pates :hat thr pcrmts v:i!l be prrscesscd c;sver approximately t~‘n months. At this time. a separate applicstlnn to the California Department of Fish and Game under Section 16013 of the Fish and Came Code IS not anticipated Also pfease note that this proposal does not include processmg of additional regulatoy permits including possrbte federal or state endangered species act permits. The permit applications t\4l be based on the materials generated during Tasks 1-J. If it IS determmed that detailed n-utlgation pIans are required for the permit applications, the scope and approach for such plans ~11 be developed during this task and are not included in our cost proposal. Task 6: Preparing and Processing Coastal Devefopment Pm&l Since the Agua I-ledionda Lagoon area I.vas deferred certification and is not included within the City of Carisbad Local CoastaI Program (LCP), a Coastal Development Permit (GDP) must be obtained from the California Coastal Comrmsston I;Commission). DWDEK staff will prepare an application For a CDP, including a description of the proposed development, identification of adjacent property owners, and analysis of proiect consistency with relevant Coastal Act policies, taking into account proposed rnitlgation. This task includes assembly of the application materials in accordance with Coastal Commission requirements, including all public noticing materials. DUDEK assumes that preparation of the application will require 150 hours and that processing will require 40 hours. A draft CDP wiIl be submitted to you for your review. DUDEK will then make any necessary changes and submit the application to the Commission. It should be recognized that timing for processing the CDP is dependent on the Commission schedule of twelve (12) meetings per calendar year. This scope of work assumes that only one hearing will be necessary Task 7: Project Mhagemmt and Coordination As part of this task, the DUDEK project manager will be responsible for regular communicationswith CMVVD and City of Carlsbad staff regarding the status of work tasks, decisions to be made and issues to be resolved. .%pptndLK A .*:~3~.~cmtcr :‘1. :rY9 North Agua Hedionda interceptor Sewer Maintenance Access Road - Gove Drive to Hoover Street - CMWD Project No. 98- 10 1 Task 8: Endangered Species Surveys and Setiiun 7 Permitring (Op~iona/) ~~:onstsuce:~z~~ of the nrr\lt’rt I:otdd requre srlr;c-;,rs to dererminc the presence CJf and pcrmlttmg for the fc~llow~ng fedfrd[ ,ind ,3r state listed cndsgcrcd ~.i;dd2rfe specles~ Cdif0rnld Icast tern, ;,vestern snu,t~->~ piover, light-footed clapper rdll. and Bridrng’s Savannah sparrow The need for surty;s ~11 he determined upon rv:lexTv of prc~zioas&~ assembled data such as the Califnrma Natural Dlverslty Data Base and durmg our field ~;isit xvith the ‘\s+: Adhfc and other pcrmttmg agencies. If surve):s are required to determmt the potent14 for the project’s effect cn these species, these would QCCU~ as follows: Califorma least tern. western snow:’ plover and Belding’s Savannah sparrow could be conducted concurrentiy _ clght visits bct~~,~een approximately Aprrl 15 and June 30. Light-footed clapper rail - three e~,enmg ~Grts at high tide We have budgeted a total r;f 55 hours of fieid time to complete the surveys and 45 hours to prepare biological technical reports and process those permits. Although the project is withm the distrrbutional range of other listed threatened or endangered species such as Pacific pocket mouse and Cahfornia gnatcatcher, our review of field conditions and project information suggests that these species wiii not be an issue and they are not addressed in this proposal. If for unforeseen reasons the wlfdhfe agencies require surveys and/or permitting for these species, this wrll constitute additional work. PROJECT SCHEDULE Assuming timely receipt of all necessary project information, and timely review of screencheck draft documents by CMWD and City of Carlsbad staff: DLIDEK anticipates completing the work outlined in Tasks l-5 within lo-26 weeks of receipt of a notice to proceed as described below. This includes initial distribution of the draft MND for public review and initial submittal of resource agency applications. Finafization of the MND and processing of resource agency permit applications WI,U be in accordance with agency scheduling constratnts following the initial 12 week work effort. It is anticipated that the data base developed during Tasks l- 3 will be completed within 5-7 weeks foIlowing receipt of a notice to proceed. The timing could be extended if focused surveys for sensitive species are required. Wpon selection. DUDEK looks foward toworking withCMWD staff todevefop a detailed project schedule during Task 1 of the work effort. /iitR%j Appendix .4 ~yfjr:mj :q.;rpt / ’ h *.Il.r*/. ..*.*.ri I. ‘4: ,.,, cmbrr :y, :l+.,s ,A,.G North Agua Hedionda Interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Street - CMWD Project No,. 98-l 01 ACTIVITY WEEK Task 1 - Task 3 - Task 3 ” Task 4 - Tdsk 5 - Task 6 - Task 7 - Task 6 - ?rr,px ln~tiatlr:n ;; kkk-~~ft “l&j Stipvy,,J z< ~r”r’ftlald Cel1neat1on Es:olo@rLa\! Rcsc3axs Tcct;niiai Report En~i~~ri-m-r~~ntal hxrnmt~tim Permittmg Strategies 24 Prnzcssing Applications Coastal Development Permit Prcpar~tion and PKICCSSHIg Project hhnagmwnt 2: Cmrdinarion Endangered Species Surveys and Section 7 Permitting {Optional~ 0 3 j-? 10 10-X 10-26 Througham Project North Agus Hedionda Interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Street - CMWD Project No. 98- 101 hccfssing PrlnGpai I%nncr III Kmncr I =?dmInlstratI’~c Sub-Total Total, Task 4 1 hr3ur SlX.00 25 hours 1,85.00 25 licmrs 1 .,1175 00 10 twirs z:jo O() .,.. $4,260,00 $9,300.00 Task 5: Wetland Permitting Project Principal 2 hours S260.00 Scnmr Prqfct hlG3ndger 20 hours 2‘300.00 Planner \J 75 hours 5,625.OO CIS Technician 20 hours 1500.00 Ai-+5t 33 hours 1,350.00 Adrrkistrative 10 hours 550.00 Total, Task 5 . $11,585.00 Note: Budget does not lnrfude preparation of detailed rmtigatlon plans, of RtXeSSdl-V Task 6: Coastal Deveiopment Permitting Project Princlpai 2 hours S260.00 Scientist~‘Plann~r III 90 hours 6,000.00 GI s Technician 20 hours 1,500.00 Analyst 60 hours 2,700.00 Administrative 25 hours 1.375.00 Total, Task 6. 1 . $11,835.00 Task 7: Project Management and Coordination Senior Project Manager 10 hours $1,150.00 Analyst 10 hours 350 00 Total ...I.I_.... ~..,_... ,I,i1_.... ~$1,600.00 lll!maa b.iSqnC,,+~f:l ,4wt.d’rP ~$JgrPii",uJi! * L r,trr.sr i*.,.*li I, S;c.,.eT&r : I : j.,p I f E;. 1 COST ESTIMATE Revised Proposal to Provide Environmenta Services North Agua Hedionda Interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Street - CMWD Project No. 98- 10 1 Task 1: Project Initiation and Kick-Off Senior Project bfkanager 3 hours Planner III 4 hours Analyst 4 hours Cl.5 -ferhniiian 4 hours Total, Task 1 Task 2: Field Survey & Wetland Delineation Senior Project Manager I8 hours Senior Biologist Planr,er V 2 hours Planner III 4 hours 61 S Technician 10 hours Analyst 19 hours Total, Task 2 . . . . Task 3: Prepare Biological Resources Technical Report Senior Project Manager 2 haurs Senior BioIogist!‘Planner V 2 hours Planner III 8 hours CIS Technician 10 hours Analyst 24 hours Total, Task 3 . . Task 4: Environmental Documentation MND Preparation: Principal 2 hours Planner 111 30 hours Planner I 30 hours Administrative 16 hours Sub-Total . 1 . . ~5,040.00 lii!!mm h~pxh E 248o(~i1-3110 !btSEltEIATES: _. .-.~ I “!/‘t.*. i.‘r.rel.r. “Jcvrmbrr 13, I+)3 6-l $460 00 300.00 180.00 300.00 . $1,240.00 $2,070.00 l-90.00 300.00 750.00 810.00 $4,120.00 5130.00 190.00 600.00 750.00 1,080.00 . . $2,850.00 S260,OO 2,250.oo 1,650.OO 880.00 North Agua Hedionda Interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Street - CMWD Project No. 98- 101 Task 8: Endangered Species Sumeys and Section 7 Permitting (Optional) Scrmr Prqect illanzgcr 10 hours Sly 150.00 c . ..I\ 1cnt15t P!annfr iii 30 hours 5,750.oo Total 87,900.00 TOTAL LABOR, TASKS 1 - 7 $42,530.00 Direct Costs 3,000.OO GRAND TOTAL ..,,,, $45,530.00 The total estimated labor cost for Tasks 1 - 7 is $42?530.00. M work would be billed on a time and materials hasp in accordance with our 1933 Schedule of Charges. As shown on the Schedule of Charges, direct costs would be bIlled at cost plus 15”:,. For this assignment, direct costs in&ding rmieage, photography, \-olume reproduction and Frmtmg are estimated to be f3,OOO.OO. We would be happy ta discuss our cost estimate in detail 1-1 h3~endix R ~9BCCri..ii~O ‘&.hS;SCl,+Tisl .~___ I Cl’ii.‘l. I-*‘**(*, . . pJrzvtrebcr :q, ;rrs y -.5 L _ 3 f_ ~* c I j: 3 E nz! % E 3 G E i-i w-- - 8-4 _ ~~-. N L 5 z .J< .+ L e G-a 4s 2 2 s; w- w- 0 - 7 a a R ,o . .._ . 8 R “. ‘ _--.-_~ z - ----a r-4 0 I ..-w_e N . . . ,:%z,; ,- -1: ,:I, Prclpec? lkl& ...... s 11 O.OO’~% Asoc~ate Engineer S 3500 trr ilijsrstant Eng:neer i ................ S 85.OO:hr Staff Engineer SET .................. S 75.00ihr Staff Engmeer /SE1 1 ....... $3 65.00~hr staff Engineer lSE,i .................. s 60.00~ hr Engmeenng Assistant .... ........ S 55.00. hr ‘.&: /‘, ‘, ; Pianning Project Manager .* .................. . .. S 95.0bhr Senior Planner .......... . ........................... S 75 OO!hr Prqecd Planner . ...................................... S 65.00/ hr Research Planner .............. ................. $ 55.00ihr Assistant Planner .................................... S 50 OOiihr Planning Technrcian.. ..... ,__._ ...................... $ 15.00ihr Planning Drafter ....................................... $ 45.0Oihr 1 *<t,?!‘r F-i’:1 ; Professioial Land Surveyor ..,..*, ....................... $ lOO.OO/hr Field Supervisor ................. , ........................ . $ 85.00,hr Survey Analyst .......................................... .... $ 80.00ihr I-Person Survey Crew ,,,.,.., ....................... . . . $ SS.OOihr Z-Person Survey Crew ............................... . ...... $ 130.00ihr 3-Person Survey Crew . .......... . ........ . .. *.*..” ......... 0 170.00i’hr 1 ‘2 3 A FT ~ :i ; :, ,A i] 3 ‘: 2 3 Et : ;: 5 3 GIS Technician ................ 1 . . . ..... . ... . .................. . S 75.00ihr CADD ,‘Designer III .. “.., , l,. ... . ...................... . .. . . *._. $ 75,00/hr CAD0 JIesigner II ................~ ....... i ............ . . . .... . . $ TO,OO/hr CADI) Drafter I ....................,....~ ... i ._... ............ .... S 65.00jhr CAOD Operator II .........l ....................... I . ............. S 60.00/hr CADD Operator I ..“.., .......... .._ .................... . ......... S 55.00ihr Assistant Desrgner Drafter .......... ..t.t.,l..* ............. S 50.0Oihr n P,1;1JERlALS TESTI~IG SERWCES Materials Testing Manager 1 ..l~.,......~.......~....,....*. $ 85.00ihr Materials Testing Manager II . . . ................. 1 ...l..tl ., $ 80.00,‘hr Senior Lab Tech I ............................ . .... . ............. $ 45.00ihr Senior Lab Tech II j ..........._........~.~, ., _. .......... .._.._. $ 35.00ihr Lab Tech I ........ . . . ............ . ...... . ...... ..= ............ .._ ... $ 30.OOihr Lab Tech II ,” ..“. ...................... . . . .. ~,................._. .. $ 25.Whr Clerical / Admin .+..........._.._......., , *, .................... _ $ 25.001hr FACILITATION API0 CONF~ICTMANAGE~IENT SERVICES Associate MediatrxFacilitator *............._.‘......~ ..... 5 85.00ihr Conflict Management Specialist ........ ....... . ....... S TS.OO~‘hr Meeting Notetaker . ........................... . .... . .,*, I,- ,, .. $ 45.OOi’hr HYDROGEOLOCICAL SEWICEs Principal ...... . ................ .._........_._ ........ I.~. ........... S l45OO/hr Senior Hydrogeologist Project Manager ............. $ 120.001hr Associate Hydrogeologist ............... . ... ~1 ............. f 95.00ihr Hydrogeologist IV ............. . .. . .. ._....._.....t. .I.~ . ..*. ... $ 85.OOi hr Hydrogeologist Ill ................... ..~....................~ .. 11 $ 6500/hr Hydrogeologist II II, .*... _. ... . ... ........,l,.l ., ................ $ 55.00Ihr Hydrogeologist I . ..l...,.ll,.................., . *. l.lllJ ........ $ 45.OOihr Environmental Engineer II ..,.....................~~..~~..~. S 80.001 hr TechnIcian ... . . , ............... . . ......... _ ..... _ ...... ...+ ..... $ 35.00ihr x *: 7 3 ~i'.lE .;r,; ;2z f y'i; Senior Project Manager, Scientist ., .“, ,. f : * 5.00 ?r Sclentlst,Pla~ner ‘I I, ,,.,._ .__, ,, S + 10 OC hr Scientist! Planner V ., .,“, S 95 32 !3r Scientist, Planner IV _.. ,_._. ,.. I-, __..._ ,:I. 5 85.00 hr Scientist’Pmxr HI .._ ,. ,, ,.. ..__ S 75 00 hr Scient@ Pfarner il ., ..,.. .,. . .,, ,_ S 65 00 hr Sc!enW’Ptapner I .,, .,.,......,..... ,~,, S ,55 00 hr Analyst.. ..,..... “.., ,- ..,,,.. ,.* ,..,,,,...~....~ ,,... .,... s 15.OO:hr Research Assistant __ ,,,_,_ ,,_,. .,.. I, ., S 35 0 0: 3r {;y;“ij;=;;fTri ‘ilJ~~J~~~rt~~j~ ;E’,d’:IC; Construction Manager __, ,., ,,.“. 5 I !O.OO. hr Construction Engineer . . . . . _, .,, .,“. . 5 BO.OO.‘hr Construction Inspector Ill ,“,__..” ,.......,,,. _t..I,..... S 68.00, hr Construction IFspector II ,“.... .......~.l.i~i..._........ $ 58.001hr Construction Inspector I .l,.,l_..,.t~.....i.ll..,.....,.... $ 38.0O’hr DC'RICT MAE~AJ~~;ERIE?IT & QPE?dTi'Z~'rS District Manager tl.l ..*... ~ . . . . . . . . . . . . ....,..tlt 1 .tl.l.ll, S 120.CO:hr District Engineer... .tl.ll. *,.lj ..l..... ~.~~ ..,..,., $90.00 - $ 110.00,‘hr Assistant District Manager *.,. .t..l..tl,.l ,. ....,..,..l_.t $ 75.00! tlr District Secretaryi’Accountant .,r.ll.l.tt 7 ,,.,... . . . . . $ 55,OOihr Grade fV Operator ,..........,..__............,.....~.........,.. $ 70.00,‘hr Grade 111 Operator . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~... .,..,..... $ 55.0Oi;hr Grade il Operator I...l,.ll.....l f . . . . . . . . . . . . . . . . ..j...~.~...~.~ $ 45 00: hr Grade I Operator) . . . . . .._... ~ . .._........... j ....l..lll..t.l.ltt, $ 42,OO;hr Operator in Training .._......~..... ~ I....tl.ltl..... r..._ 5 30.OOihr Laborer .*“.... _ . . . . . . . . . . . . . . . . . . . . . . . . . . ..“..*....... l,_ .“.,. _..~,., S 2400ihr PRlNCiPAL *.*<,.. <.” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..s.20.00 5’153C h- - OFFfCE SERWCES Computer Processing .,_.......,_.........~,.. l..l ..,..... . % 55.00i:hr Clerical Administration I_...l................ _ . . . . . . . . . . 1* ..“. S 45.0iYhr FORENSlC ENGINEERING Court appearances and depositions as expert witness wilt be billed at 1 S times normal rates. MATERML ANI) OUTSIDE SERVICES Subcontractors, rental of special ~uip~~~ special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1 ,15 times the direct cost. TRAVEt EXPENSES Miteage at 32 cents per mile. Per diem where overnight stay as involved ts charged at cost. 981025 - ._._---- i~I- . AL;o-&., CEkiIFlCATE t LlABlLtl’Y INSUkANCE ‘-% --_. “, .~ _.,._” ~__-,~_ “ATE * ,p,, CC,‘< I NW 24 98 ‘-;:L’.:LEP THIS ZERTIFICATE IS ISSUED AS A MATTER QF ~NFORMATKI?N CPJLY MICHAEL J. HALL I COMPANY A.‘E INSURANCE SERVICES AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 19880 NE i’fH AVENUE SUITE D CERTIFICATE DOES Nor mEta ExTmD OR ALTER THE COVEMGE POULSEO WA 48370 AFFORDED BY THE POLICIES BELOW. Agency Lmr#: 0732445 WWRED DUDEK &ASSOCIATES INC 605 3RO STREET ENClNiTAS. CA 92024 COMPANIES AFFORDING COVERAGE ‘c;r,?;i& A- d&A INSURANCE COMPANY COr,rprfrt B HARTFORD c,~~=r~~,e--ii-~~P~~~ COI.IPAN’f tl ._ .i _. ,. COI.!PAN‘f E -HIS IS TO CEQllFi THbT WE FrZIICzES ‘3 I:iWRA~KE LISTED BELC& HAVE SEEk ISSUED TO ME INSURED WMED 480L’E F3R WE POL.IC~ PERIOD tJD1CfZD YOW~?THS-,WVDIPIG dNr ffE3U1REt,lENT “ERM GG C3NCIT:QN QF 4Ni CCNTWCT DR CTHER DOCUMENT v\nTH QESPECT 73 WiICH TrlS ZERTiFiC9TE r.tAr 9% .SSL’ED 32 :.lA’f PERT44 THE INSUffANCE AFFORCED BY TM POLICIES DESCRfBED HEREIN IS SUBJECT 23 ALL “HE TERp,lS EXCLUSICNS MrD COPJCITICW 2F ?UW POLGES LILIITS SHCWI !.lAY HALE BEEN REDUCED BY PA0 GL4lMS ys” .‘i) TYPE 3F W.WRANCE SENERAL LihBlLlTY POL CY NWMBER .---. pcLIcI’ EFrECn”i rcuh-~;r~~~~~~~ ---. ..---- ___. “ATT LYfllvrrl DATE .~com, L MrTS 52SBKLEOtf2 AUG 28 98 AUG 28 99 EA.?4 X’bsnErdYi I . * --x ::l~~‘Z1~PCia, ;ErrED”,z .‘“fi..,’ ( != PE C~Afw4X IAl?” an+ F,r41 f 300,00( r-L%! '.!I '.*,&"E ,Y* ::;A'1 h,'E> =y;Ya ,'"\ .;r* Dg'l=.I g 1 !O,OO(: 3 ‘PEb&iAL-i ;OV :N.d’IV 5 1,000,00( ;ENEq,q, 4,;i;RErATE -- ----.-----~ .-. _I I 2.000,00( r--- - ----_-_-.. . . * :;f”lC AGGGEGATE LlVlT APWES PER P~CCUCTEC;MP,ICP aSG I 2,005,OOi POL C’f JRCb -- L,Z”1: &. .” -.- .E’F &uTOMOBILE LIABILITY SZUENGK6404 AUG 28 98 AUG 28 99 C;3’I1fitPJED SINGLE ‘INKY -- x A.,, AUT3 .Ea acc!dsnr! I 1,000,00f - 4.1 WvTUMIED LUTCS tag- - ___ --.--_ SGDlL’f ~~+JUFTt - 0 sCrEG~uLEC AUTOS :%f person) I I -1 x HIREDAUTDS 5mttY 1NALRY x rJlCN.C’.wEC 4L’TCS (PaIf rcEIdsnrj r E “.i.l ,_ .-._. ----_,” .,.. _ - - PRCPERN DEMAtE I c r _-.-. ______. .-~~ _...___ AIJY 4 UTC: OWEFI THAN CLAAACC 1% c AUTO ONLY - AGG 1s 3 EXCESS LIABILITY ~ EACH M3CURREWCE s C * -_---_ ““” - OCCCIR CLAIMS ?&ACE ’ AGGREGATE f --. _~ x ‘NCL y--. .2----p f f - CEDIJCTIBCE -’ ...“i_F..“- -.I . . . ..- __ SXCL 0 1s c / WORKERS CQMPEMATION AND EMPLOY ERI’ LlABlLfrY . / 7Cw30633040 AUG 23 98 AUG 23 33 w2 STATiLe orn .TORYmL,... ..,&?&. E i EACH CCCI(xW I 1,000,00f r I I 01HtzK PROF EhSlDNAL L4ABlLl-i-f , ~ POLLUTION LIABILITY ~ CtAlMS MADE POLICY - _... * ----- - ----. - ~ EL DlSWSE-EA EMPLOYEE )S 1 1,000,00( 1 E I. MSEASE-POLICY LIMIT %----- 1,ooo,oof ECNll4#41718 AUG 2898 AUG 28 00 ’ W,OOO,OOO PER CLAIM / $3,000,000 AGGREGATE IESCRIPTIQN OF OPERATlONStLOCATlONS/VEHlCLESiSPECiAL ITEMS RE: EAIRONMENTAL DOCU~NTAY’lON FOR NORTH AGUA IEDIONDA INTERCEPTOR SEWER MAINTENANCE ACCESS ROADtCOVE DRIVE YO HOOVER STREETCMWD PROJECT NO. 98-101. CARLSBAD 8UNlClPAL WATER OISTRlCT AND THE CTI-Y OF CARLSBAD ARE AODlTkDNAL INSUREDS ON THE CQMMERClAL GENERAL LIABILITY AND :KkJTC#X;LE LIABILITY POUCIES AS RESPECTS TO WORK DONE BY OR ON BEHALF OF THE NAMED INSURED. SEE FORM CG 20 10 70 93 I 1 :ERTlFICATE HOLDER ADDITIONAL INSURED. INSURER LETTER: CANCEUAYlON yroUL3 ANY OF THE JEOVE ESCGIBEO WiJCIES EiE =ANCELLED BEFD?:RE T’k+E EXPIRATION MT THERIEOF THE LSSUWG COMPAW ‘MLL M.411. 30 DaVS IWW’VZN NQTICE TO THE CERiiFfCAfE irOtDER XAMEO TO THE LEFi CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD MUNICIPAL WATER DISTRICT 5960 EL CAMINO REAL 5960 EL CAMINO REAL CARLSBAD. CA 920084893 CARLSBAD. CA 920084893 Attention: kttentlon: MR. WILF1AM E. PLUMMER. P.E. MR. WILF1AM E. PLUMMER. P.E. ACORD 25-S (f/97) &CORD 25-S (f/97) Certbkate t 4535 Certbkate t 4535 - .- POLlCY NUMBER. 52SBKE0112 COMMERCIAL GENERAL LlA3lLiTY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAE(ILITY COVERAGE PART SCHEDULE Name of Person or Organiration; CARLSBAD MUNICIPAL WATER DlSTRtCT 5950 EL CAMINO REAL CARLSBAD, CA 920084893 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section !I) is amended to include as an insured the persot?or organization shown in the Schedule. but only with respect to liability arising out of “your work’ for that insured by or for you CG2010 1185 Copyright. Insurance Set-vices Office, Inc., 1984 *.._ ,-. ---,I * ..+s -j r.. .” w *C-L Sc-ar.4 June 11, 1992 w NEAL SCriRAM Mr. Frank Dudek Dudek h: Associates, Inc. 605 Third Street Encinitas, California 92024 I- . .._- ---j VIA FACSIMILS i '- - -.*cI u;;i -I' Dear Frank: I am enclosing Page 7 of the Bylaws of Dudek h Associates, Inc. for your ~98. with respect to your implied power under California lay to bind Dudek L Associates to contracts vith gOVermentd agencies, please be advised that as President of Dudek b Associates and as its general manager, you have the power to superintend and conduct all corporate business, and have the authority to make any contract or do any other act appropriate in the ordinary course of the business of Dudek h Associates. There is ample authority for this notion, not the least of which is Memorial Hospital Association v. Pacific Grape Growers Company (3955) 45 C.2d 634. I authorize you to dfsclose the contents of this letter or this letter itstlf to any party who my question your implied and direrct pavers, as President of Dudek & Associates, Inc. Sincor*ly, W. Neal Schram WNS: jd Enclomare _-, . 3 ir +- ..“- . ..+* e- /- SeCTion 3. 7rlC.!wCIES. A vaca7.q L,? sn;r office Se- cause of death, resignazion, removal, disqGalif:caiion cr %,?lf otser cause shall be filled ir, *fhe mannez prescribed in :~TP_ By- Laws for regldlar appoinknents to that orf,Ce. Sectian 6. L^HAt;F.MAN i3F '"FE acAm* The 'f:laG 'Tar. of +m .I the Board, if such an 3fficer be elected, shall, if 3resent, pre- side at meetinqs of t,:?e Board of Cirectors and exercise and per- form such ~t:ner 7ower.s and duties as may be from time to tine assigned by t,ie 3oard of Directors or prescribed by the Sy-Laws. ff there is no President, the Chairman of the Ward shall in addition be the Chief Executive Officer of khe rgrzoratrsn an2 shall have the powers and duties prescribed in Sect:on 7 of this Article III. Section 7. ?RESIDENT. Subject to sucii s,JFervisorl powers, if any, 3s may be rifzen by the Board Of LireCtOSS to tke Chairman of the Board, if zhere be such an Of 1.:; f' the Tresi- dent shall be %he Chief E:&cuti*Je Officer of the cizporat~on and shall, subject to the control of the aoard of 3irectors, have general supervision, direction and control of the btisiness and Officers of the corporation. He or she shall pzeside at all meetings of the Shareholders and in the absence of the Chazman of the Board, or if there be none, at ail meetings of =he Board of Directors. The President shall be ex officio a member of ali tSe standing committees, including the Executive Commlrtee, if, any, and shall have the general powers and duties of aanagernent usually vested in the office cf President of a ccr?or3tion, and shall have such other powers and duties as may be prescribed by the Board of Directors or the By-Laws. Section 8. VlCE PRESIDENT I In the absence oz dis- ability of the President, the Vice Presidents, if any, Fn order of their rank as fixed by the Board of Directors, or if not ranked, the Vfce 2resldent designated by the Board of Diractors, shall perform all the duties of the President, and when so acting shall have all ths powers of, and be subject to, all the restrrc- tions upon, the President. The Vice Presidents shall :?ave such other ?owers and perform such other duties as from tine to time may be prescribed for them respectively by the 3oard of Directors or the By-Laws. Section 9. SECRETARY. The Secretary shall keep, or cause to be kept, a book of minutes at the principal. office or such other place as the Board of Directors may order, of all meetings of Directors and Shareholders, with the zime and place of holding, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at Directors‘ meetings, the number of shares present or repre- sented at Shareholders' meerings and the proceedings thereof. -J- City of Carlsbad January 20,1999 Dudek & Associates Attn. Sherri Miller 605 Third Street Encinitas, CA 92024 RE: CARLSBAD MUNICIPAL WATER DISTRICT PROJECT NO. 98-101, CITY OF CARLSBAD PROJECT NO. 3537 Enclosed for your records are copies of Agenda Bill No. 14,994 and Resolution No. 99-7. These documents went before the Carlsbad City Council on January 5, 1999, where the resolution was adopted. Also enclosed is a copy of the fully executed agreement, whereby Dudek & Associates agrees to provide environmental documentation for the North Agua Hedionda Interceptor sewer maintenance access road. If you have any questions regarding the agreement, please call Ms. Kelly Efimoff, in the Carlsbad Municipal Water District’s Engineering Department, at (760) 438-2722, extension 7126. -‘5h Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @a