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HomeMy WebLinkAbout2002-06-04; City Council; 16773; North Agua Hedionda Interceptor SewerCITY OF CARLSBAD - AGENDA BILL At I I I Iml, OM AB# 16,773 CITY ATTY. DUDEKAND ASSOCIATES, INC., FOR THE MTG. 6/04/02 TITLE: APPROVE AND AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH NORTH AGUA HEDIONDA INTERCEPTOR SEWER- I nFPT FNG I EASTERN SEGMENT, PROJECT NO. 3537 IClTY MGR. x RECOMMENDED ACTION: Adopt Resolution No. 2002-153 to approve and authorize a professional services agreement with Dudek and Associates, Inc., for the North Agua Hedionda Interceptor Sewer- Eastern Segment, Project No. 3537. ITEM EXPLANATION: The North Agua Hedionda Interceptor Sewer constructed in 1965 is a 24-inch sewer pipeline approximately 15,500 feet in length. The alignment begins near the intersection of Cannon Road and El Camino Real and proceeds westerly along the north shoreline of the lagoon to the Foxes Lift the construction of access roads to provide access to the sewer for maintenance. Currently there Station located just east of Interstate 5. The project includes the restoration of the access holes and for cleaning and maintenance. are approximately 30 access holes along the lagoon shoreline, which have inadequate accessibility The project has been divided into two phases based on proposed improvements, methods of construction and projected environmental impacts. The eastern segment includes the pipeline between El Camino Real and Park Drive and the western segment includes the pipeline west of Park Drive and Kelly Drive intersection to the Foxes Lift Station located just east of Interstate 5. This agreement is for the environmental and engineering services for the rehabilitation of the eastern segment. The scope of work for this professional services agreement includes environmental and engineering services. Environmental services include preparation of an Alternative Analysis, Biological Conditions Report, and Consultation and Coordination with United States Fish & Wildlife Service and California Department of Fish and Game. Engineering services include preparation of plans and specifications along with a realignment investigation. Dudek and Associates, Inc., in performing the environmental and design services for the North Agua Hedionda Sewer-Western Segment, is uniquely qualified to perform permitting and design services for the Eastern Segment, and has been selected as the consultant for this project. ENVIRONMENTAL REVIEW The level of activity contained in the scope of the consultant agreement regarding CEQA is defined in (section) 15306 as Class 6, Information Collection, and is categorically exempt from CEQA. reports and studies, provide the basis for an environmental determination in accordance with CEQA. Dudek and Associates will prepare exhibits that, together with previously completed technical A CEQA determination on the project will be made pursuant to findings of the reports performed through this agreement. I Page 2 of Agenda Bill No. 161773 FISCAL IMPACT The cost associated with the subject agreement is $64,355. Sufficient funds are available in the project account. Total cost for the project is estimated to be $1,587,600. EXHIBITS: 1. Location Map. 2. Resolution No. 2002-159 agreement with Dudek and Associates, Inc., for the North Agua Hedionda Interceptor Seer- to approve and authorize a professional services Eastern Segment, Project No. 3537. 3. Professional Services Agreement with Dudek and Associates, Inc., North Agua Hedionda Interceptor Sewer-Eastern Segment, Project No. 3537. VI c A N NOT TO SCALE IN11 PROJECT NAME: PROJECT NUMBER EXHIBIT NORTH AGUA HEDIONDA INTERCEPTOR SEWER REHAB-EASTERN SEGMENT CP 3537 1 I I 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES CARLSBAD, CALIFORNIA, FOR ' APPROVAL AND AGREEMENT WITH DUDEK AND ASSOCIATES, INC., FOR THE SEGMENT, PROJECT NO: 3537. NORTH AGUA HEDIONDA INTERCEPTOR SEWER-EASTERN WHEREAS, the City Council of the City of Carlsbad, California, has determined it ecessary and in the public interest to enter into an agreement between Dudek and Associates, IC., and the City of Carlsbad, California, Project No. 3537; and WHEREAS, Dudek and Associates, Inc., in performing the preliminary environmental and ' esign services for the North Agua Hedionda Interceptor Sewer, is uniquely qualified to perform nal permitting and design services for the Interceptor; and WHEREAS, the level of activity contained in the scope of the consultant agreement ?garding CEQA is defined in (section) 15306 as Class 6, Information Collection, and is ategorically exempt from CEQA; and WHEREAS, a mutually satisfactory fee for the services has been negotiated; and WHEREAS, funds have been appropriated in the 2001-02 Capital Improvement Program 'om sewer connection fees and sufficient funds are currently available; and WHEREAS, the consultant agreement with Dudek and Associates, Inc., has been repared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Qf Carlsbad, :alifornia, as follows: 1. That the above recitations are true and correct. 2. That the proposal by Dudek and Associates, Inc., in the amount of $64,355 for the ermitting and design of the North Agua Hedionda Interceptor Sewer-Eastern Segment is ccepted and approved. I I I I I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 3. That the Mayor of the City of Carlsbad is authorized and directed to execute the rgreement between Dudek and Associates, Inc., and the City of Carlsbad for the environmental locumentation, permitting, and design of the North Agua Hedionda Interceptor Sewer-Eastem segment in the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 4th day of JUNE ,2002 by the following vote, to wit: AYES: Council Members Lewis, K , Finnila, Nygaard, Hall I / I .OBF!Ale M. WOOD, City Clerk (SEAL) 'age 2 of 2 of Resolution No. 2002-159 AGREEMENT FOR ENGINEERING AND ENVIRONMENTAL SERVICES (DUDEK 8, ASSOCIATES) 4- T IS AGREEMENT is made and entered into as of the 10 #$, day of 2002, by and between the CITY OF CARLSBAD. a municipal corpora n, ("City"), and DUDEK & ASSOCIATES, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an Engineering Consultant that B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its is experienced in environmental permitting and pipeline design. services and advice related to environmental permitting and pipeline design. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not to exceed sixty four thousand three hundred fifty five dollars ($64,355) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 1 City Attorney Approved Version K15.22.01 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be sixty four thousand three hundred fifty five dollars ($64,355). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until Ctty has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation.insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors.' Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 2 City Attorney Approved Version #05.22.01 - 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 in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or.expense. City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. IO. INSURANCE Contractor will obtain and maintain for. the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 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 Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. ' 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3 City Attorney Approved Version #05.22.01 10.1.3 Workers' ComDensation and EmDlover's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. .Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional 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 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these insurance coverages. then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement. as may be amended from time-to-time. 4 City Attorney Approved Version itO5.22.01 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 Citv: For Contractor& ~ Associatea, ,nc, Title Public Works Director Name Fmnk J. Dudek- Department Public Works Title City of Carlsbad Address 606 7iwh ST. Address’ 1635 Faradav Avenue E~CIQ 1%. CX Carlsbad, CA 92008 qz0z.C Phone No. 7&0 / ‘%A Phone No. (760) 602-2730 -5137 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 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. 5 City Attorney Approved Venion M5.22.01 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and 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 (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions 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. 6 Cily Attorney Appmved Version M5.22.01 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, this Agreement. For breach or violation of this warranty, City will have the right to annul or any other consideration contingent upon, or resulting from, the award or making of this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othefwise 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 Citv must be asserted as Dart of the Aareement Drocess as set forth in this Aareement and not in anticipation 'of litigation- or in conjunction with litigation. contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 7 City Attorney Approved Version #05.22.01 - 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the .purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding u.pon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill a City Attorney Approved Version #05.22.01 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agremt. CONTRACTOR DUDEK & ASSOCIATES, a California comoration * (sign ATTEST: LORWINE &4.1m M. WOOD City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Cormration, 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: A & /e // Deputy City Attorney 9 City Attorney Approved Version W5.22.01 State of UU FWIA County of 94 V\EGO On G\l5\W before me, kri&. M. l?uhonK,hlota@ personally appeared fim~ 4 PlrdeK OATEl MUlVnTLE OF OFFlCERi .a,' JANE DOE. NdTm PUBLldl IN*MEISI OF YGNfRlSll me hr%w Efpersonally known to me -OR- 0 E' ass of satisfactorv roved to me on the evidence to be the. personk) whose nam Isl669subscribed to F t e witwn instrument and acknowledaed to me that helshelwexecuted same in hislher & authorized capacity and that b his/herB sianatur et& on. the inztrumenithe perso-, or the entitv uDon behalf of which t'he' personb) acted, executed the instrument. Witness my hand and official seal. ISEALl ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any Recording of this document is not required by law and is also optional. unauthorized document. CAPACITV CLAIMED BY SIONERISI OFFlCERlSl cljl\tr mum OPARTNERISI OLlMKED OGENERAL OTRUSTEEISI OATTORNM LN FACT OGUARDIANICONSERVATOR OOTHER: kr J- Fq7& SIONER IS REPRESENTINO: RIGHT THUMBPRINT IOptbnalI CAPACITY CLAIMED BY SIONERISI OINDIVIDUALISI &ORFURATE OFFICERISI OPARTNERISI OLIMITED OOENERAL OAlTORNEY IN FACT OTRUSTEElSl OGUARDIANICONSERVATOR OOTHER: PAW cAI2mL SIONER IS REPRESENTINO: IN~M 01 m-nw 0, E~~*~I~.I WOLCOTIS FORM (13240 Rw. 344 Ic~c. cI- 8.1AI glSS4 WOLCOTTS FORMS, INC. AU PURPOSE ACKNOWLEDGMENT WTH SlGNfR C~ACIMIRWRfSENTATlONrrWD FINGERPRINTS North Agua Hedionda Interceptor Sewer Rehabilitation Project .Eastern Segment, City of Carlsbad, California UNDERSTANDING OF THE PROJECT Based largely on the conv&ations during and subsequent to the November 7,2001 meeting and analysis provided in the Alternatives Analysis report drafted by DUD- the eastun half of the project will consist of two aspects: rehabilitation of 20 degraded manholes and abandonment of six manholes. Engineering staff at DUD= will prepare plans specifications for the rehabilitation and abandonment. a3vimnmental staffwill provide necessary documentation to permit the project under local, state, and federal environmental laws and regulations. potential impacts rcsulbhg fium the project are limited to temporary impacts to wdlandi or sensitive upland habitats without excavation or excessivenoise. It appears therefore, that the ploposcd castem project would qualify’for a Categoical Exemption under the California J?.nviromncntal Quality Act (CEQA) and not require p&tiing under the Federal Clean Wata Act, federal and state Endan@ Species Act, or Califinnia Fish and Game Code.’ A detailed project description report and existing biological conditions report will be provided to the City for processing of the Categorical Exemption. ’ and to the US. Fish and Wildlife Service (USFWS).&d’CaMornia Department of Fish and Game (CDFG) to allow for adequate public review. Bas4 on our experieicc with similar proj&, the following scope of services describes the tasks and level of effort anticipated for the design and pamilting phases of the project. It is recognized that the scope may vary as the design and permitting transpire. Therefore, an additional or reduced effort and fee may be appropriate to complde this scope. The City wili be notified immediately, should direction.or efirts change. SCOPE OF WORK - Environmental TASK X. Prepare Biological Resources ExlsiEtmg Conditions Report Based on the infomiation assembled during the biological surveys of the atignment, DUDE will pmpare a staud-alone Biological Resources Existing Conditions Report suitable for inclusion as an Appendix to future documentation for a Categorical Exemption. The Biological Resources Existing Conditions Report will consist oftext, graphics and appendices and will document survey methob aud results .and discuss existing conditions in both a local and regional context. The report also will describe EXHIBIT “A” c SCOPE OF SERVICES North Agua Hedionda Interceptor Sewer Rehabilitation Project Eastern Segment, City of Carlsbad, California the rclatjonship of the proposed project area to the Draft Carisbad Habitat Management plan (HMP) and overall Draft’Multiple Habitat Conservation Plan (MHCP). The dated cost for this task is ............................... S3,SOO.OO TASK 2 Project Description Report DTJDJX environmental staffwill coordinate with City and DUD= engineering to descriie detailed proposed project implemmtation methods for the rehabilitation and abandonment of manholes in the eastan segment The project description report will rely on the Biological Resource Existing Conditions Report for baseline data The pmposed project description will be analyzed in terms of potential direct and indirect impacts to biological ~csour~cs. Avoidance and minimization measures will be recommended to reduce potmtial impacts to less than significant undk state and federal regulations. The p~~posed project shall not have an signific’mt impacts and thcrefm no mitigation will be required. A draft of the project description report will be provided to the City for comment prior to submittal of a final report suitable for inclusion in documentation for the Categorical Exemption. This task also includes coordination with the City phmhg staffin issuance of Categorical Ewunption and up to two meetings with City and CMWD staff. The estimated cost for UlLr tarR is ............................... .S7,000.00 TASK 3. AppUcation for Exemption From Section 1601 Streambed Alteration Agreement DUDEK will submit to the CDFG an application for a Section 1601 Streambed Alteration Agrccmcnt. The application will include a the existing conditiims and project description reports, as well ab figures and the CDPG application fomr. DUDEK will coordinate with the CDFG staff to verify that an Agreement is not required by California Fish and C3me Code due to the limited potential for adverse impacts. This task does not include negotiation or submittals required to obtain a Section 1601 Streambed Alteration Agreement. The estimated cod for this task is ................................. $3,000.00 May 2002 2798.09IlO ~orth ~gua Hedlonda Interceptor Maintenarm Access Road Page 3 EXHIBIT "A" F SCOPE OF SERVICES North Agua Hedionda Interceptor Sewer Rehabilitation Project Eastern Segment, City of Carlsbad, California TASK 4. Informal Consultaaon with USFWS It is anticipafed that the final project description will include potential indirect disturbance of the federally-listed endangered least Bell's vim (yireo bdfipusillus), breeding location sites and therefore will require comultation kith the USFWS pursuant to the fedd Endangered Species Act. 'he to the limited nature of impacts and the ability to avoid construction-nlated disturbances during the &co breeding season, an informal consultalion will likely satisfy Endangered Species Act requirements. DUDEK will facilitate the Hod consultation by submitting documents which would be used by USFWS staff to determine the potential to a€fect a listed species. DTJDEK will also coordinate with USFWS sWin the processing of the Section 7 iufod CQnrmltatiOn. Coordination will include phone ah, meetings. and providing materials related to the project. Please note &at a formal consultation may be required if a determination of potential sect is made by the USFWS. In this case, formal documentation would be required which is outside of the scope of the task presented hae. Xhe estimated cost for this taik is ............................... $3,OOaOO TASK 5 Alternaeve Analysis Preparation The alternative analysis which was prep& in November 2001 will be revised to include the cumnt rehabilitation only altunative as well as to include estimated costs for.various rsroute alternatives. The hed Alknatives Analysis report will be a stand-alone document discu.ssing the Eastem Segment of.the North Agua Hedionda Sower rehabilitation project. The ertirnated cost for this task is ............................... $4,000.00 May 2002 279809/10 Nortn Agua hdlonda Interceptor Malntenanm Aaws Road Page 4 EXHIBIT “A” i SCOPE OF SERVICES North Agua Hedionda Interceptor Sewer Rehabllltatian Project .Eastern Segment, City of Carlsbad, California TASK 6. TASK. 7. Project Management and Coordination As part of tbjs task, the project manager will be responsible for regular communications with City Stan regarding the status of work thsks, dccisions to be made and issues to be resolved. Also included in this task, is work related to scope changes and contract negotiations me rslimated cod for this task is ............................... $S,OOO.OO Miscellaneous Services This will entail additional work as approved by tho City. .. The estimated cost for thfs tusk is ............................... $4,000.00. SCOPE OF WORK - ENGINEERING TASK 8. TASK9. Project Management DUDES project manager will meet with the City staff to discuss the methods of rehabilitation and abandonment and dsrennine the best way to bid the project. Coordination with DUDEK’s Environmental Division f& preparing the plans & specScations will be included in this task The.estimoied oost for thLr task is ................................ $5,09O.00 Design DmEK will prepare plans detailing the repair and rehabilitation of 20 manholes between Manhole 46 and Manhole 59. Manhole 66Awill be abandoned by sealing the cover, but rehabilitation will not be necessary. Manholes 57.58,60,61,63, and 65, will be rehabilitated and abandoned by sdig the covers. The City will provide the ,border for the plans (in ACAD, if available). May 2002 2790-0W10 Nom Agua Hedlmda Interceptor Maintenance Acssss Road page 5 North Agua Hedionda Interceptor Sewer Rehabilitation Project -Eastern Segment, City of Carlsbad; California ne specifications for rehabilitating or abandoning manholes will be prepared for bidding purposes; The specifications and'bidding documents will be prepared using standard CSI format. The hnt-end documents will be provided by the City. me estimated cost for this task is ................................ S20,565.00. . TASK IO. Reroute Investigation . . .. A potential rerouting of the sewer hm Manhole 59 will be mvestigated including coordination with a gestachnical crew and San Diego Gas and i5lcctric (SDO&E). me estfmhed cost for thk task i3 .............................. i . $2,500.00 TASK 11. Miscellaneous Services North Agua Hedionda Interceptor Sewer Rehabilitation Project .Eastern Segment, City of Carlsbad, California Not included in this proposal are: biological surveys, non-biological technical reports, wetland permit acquisition, and/or preparation of a Biological,Assessment If‘s0 desired, these additional services can be pexfonned ahd will be chged on a time and material basis beyond the fee indicated. Please feel free to call me at (760) 942-5147 ifyou have any questions. Environmental Sciences Division ..