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HomeMy WebLinkAbout2003-10-07; City Council; 17332; Agreement for Widening of El Camino RealFOR THE WIDENING OF EL CAMINO REAL PROJECT NO. 3908 RECOMMENDED ACTION: Adopt Resolution No. 2003-258 approving and authorizing execution of a professional services agreement with Boyle Engineering Corporation to provide professional services for the widening of El Camino Real, Project No. 3908. ITEM EXPLANATION: This Capital Improvement Program project will widen El Camino Real along the eastern side at the two locations noted on the project location map, see Exhibit 1. The widening will consist of the construction of the outside travel lane, bike lane, and parkway improvements consistent with the Prime Arterial street classification. Statements of Qualifications were received from five consulting teams. The SOQ’s were evaluated based on firm experience, project team, and project approach. Based on the ranking of the SOQ’s by the selection committee, consistent with Carlsbad Municipal Code section 3.28.070, staff is recommending that the City execute a professional services agreement with Boyle Engineering Corporation. The subject agreement defines the scope of work and fee for the preliminary engineering/planning design and construction phases of the project. A key component of the scope of work is an evaluation of financing options and the ability to form a financing district to fund the project rather than using the TransNet funds currently appropriated. This item of work is included as Task 400 in the Preliminary Engineering/Planning portion of the scope of work. If it is determined that there is a viable financing option, such as the formation of an Assessment District, the formation tasks will be completed prior to the design. Prior to issuing a notice to proceed with the design phase services, the City will also certify the appropriate environmental document as prepared during the preliminary engineering/planning phase. ENVIRONMENTAL REVIEW: The items of work in this agreement include the preparation of the technical studies and the environmental document for the project. Relative to CEQA, this work is defined as Class 6, Information Collection, and it is categorically exempt. Prior to proceeding with the design phase, the appropriate environmental clearance for the project will be processed by the City. FISCAL IMPACT: The 2003-2004 Capital Improvement Program allocated an additional $1,993,000 in TransNet Local funds for these two segments of widening along El Camino Real, which when combined with the previously appropriated $300,000 in TransNet Local funds brings the total to $2,293,000. Current appropriations are sufficient for this professional services agreement. The remainder of the Transnet funds will be appropriated upon receipt. Based on the planning level studies prepared the project costs are estimated as follows: Page 2 of Agenda Bill No. l7 332 The fee associated with the subject agreement with Boyle Engineering Corporation is $196,386 and these costs are included in the “Planning and Design” line item of the table. EXHIBITS: 1. Location Map. 2. Resolution No. 2003-258 approving and authorizing execution of a professional services agreement with Boyle Engineering Corporation to provide professional services for the widening of El Camino Real, Project No. 3908. Agreement between the City of Carlsbad and Boyle Engineering Corporation for Professional Engineering Services for the widening of El Camino Real, Project No. 3908. 3. DEPARTMENT CONTACT: Marshall Plank, (760) 602-2766, melan@ci.carlsbad.ca.us LOCATION PROJECT NAME EL CAMINO REAL WIDENING MAP PROJECT EXHIBIT NUMBER 1 3908 NOT TO SCALE 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH BOYLE ENGINEERING CORPORATION TO PROVIDE PROFESSIONAL SERVICES FOR THE WIDENING OF EL CAMINO REAL, PROJECT NO. 3908. WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to enter into an agreement with Boyle Engineering Corporation and the City of Carlsbad for the widening of El Camino Real, Project No. 3908; and WHEREAS, the Department of Public Works solicited, received, and reviewed Statements Df Qualifications for professional planning and engineering services consistent with Carlsbad Municipal Code Section 3.28.070; and WHEREAS, subsequent to a review of the Statements of Qualifications, staff 'ecommends Boyle Engineering Corporation as the most qualified consultant for the project; and WHEREAS, $300,000 in TransNet Local funds have been appropriated in the Capital mprovement Program and are sufficient for this professional services agreement; and WHEREAS, an additional $1,993,000 in TransNet Local funds have been allocated in the Zapital Improvement Program and upon receipt of the funds they will be appropriated for the smainder of the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Zalifornia, as follows: 1. 2. That the agreement with Boyle Engineering Corporation for preliminary That the above recitations are true and correct. mgineeringlplanning, design and construction services for Project No. 3908 is hereby approved. I/ Ii Ii ti Ii I1 11 -1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the agreement with Boyle Engineering Corporation for, and on behalf of, the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th dayof October , 2003 by the following vote, to wit: pnila, Hall, and Packard 4TTEST 4 (SEAL) Page 2 of 2 of Resolution No. 2003-258 PWENG398 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BOYLE ENGINEERING CORPORATION THIS AGREEMENT is made and entered into as of the 8& day of , 2003, by and between the CITY OF CARLSBAD, a municipal La? Tid&&. corporation, ("City"), and BOYLE ENGINEERING CORPORATION, ("Contractor"). RECITALS A. City requires the professional services of a civil engineering consultant 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 that is experienced in roadway planning and engineering. services and advice related to roadway planning and engineering. 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 Exhibits "A" and "B", 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.?he City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. 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 for each and every provision of this Agreement. TIME IS OF THE ESSENCE City Attorney Approved Version #04.01.02 1 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred ninety six thousand three hundred eighty six dollars ($196,386). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted 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. a. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #04.01.02 2 i 9. INDEMNI FlCATlON 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 this 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 Coveraqes 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 .I 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 #04.01.02 10.1.3 Workers' Compensation and Employer's Liabilitv. 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. IO.? .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 of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. Providinq Certificates of Insurance and Endorsements. Prior to City's execution 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01.02 4 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Marshall Plantz Name Clark Fernon Title Senior Civil Engineer Title Principal Engineer Dept Public Works-Engineering City of Carlsbad Address 1635 Faraday Avenue Address 7807 Convoy Court, Ste. 200 Phone No. (760) 602-2766 Phone No. (85B) 268-8080 Carlsbad, CA 92008 San Diego, CA 921 11 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 Alqreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor‘s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04.01.02 5 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. City Attorney Approved Version #04.01.02 6 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et 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. City Attorney Approved Version #04.01.02 7 i. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county . 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #04.01.02 8 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 an CONTRACTOR BOYLE ENGINEERING CORPORATION "By: (sign here) dh&L&O it?,, t ~,&d&hdCmy . Of4 (e-mail addresg **By: David W. Huchel, Secretary - City dlerk (print name/title) dhuchel@boyleenyineering . corn (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney BL City Attorney Approved Version #04.01.02 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared @ personally known to me 0 proved to me on the basis of satisfactory to be the personp) whose name0 @are subscribed to the within instrument and acknowledged to me thaFy/she/they executed the same in ,a/her/their authorized capacityw, and that by Gs/her/their signatureM on the instrument the persoM, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Though the information below is not required by law, d may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of thrs form to another document Description of Attached Document Document Date: 0 Individual Corporate Officer -Title@): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Guardian or Conservator &e! /% i+hfl/ Signer Is Representing. 0 1999 Nalmnal Nolaw Assocution - 9350 De Solo Ave , PO Box 2402 - Chalmorlh CA 91 31 3 2402 y*Nw nallOMhotaV org Prod No 5907 Reorder Call Tan Free 1-8GU-8766827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I State of California County of ~ on%> Date , before me, .c personally appeared a V d l#personally known to me 0 proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person@) whose nameH im subscribed to the within instrument and acknowledged to me that he/ebeAbey executed the same in his/- ' authorized capacity(ias), and that by his/b&#cir signature(@ on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. OPT10 NA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. si7 bF CrAILLtSW Description of Attached Document Title or Type of Document: a# Liw;#t.GU;Nc Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary Association * 9350 De Solo Ave.. P.0. Box 2402 - Chatswodh. CA 91313-2402 - wwwnationalnot;uy.org Prod. NO. 5937 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT “A SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version #04.01.02 10 City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 Introduction The City of Carlsbad (“City”) has selected Boyle Engineering Corporation (“Boyle) to prepare design documents, investigate funding options, and identify/appraise the necessary right-of-way and easements for two locations of street widening along northbound El Camino Real (on the east or northeast side of the street). The proposed improvements include a third outside travel lane, bike lane, and parkway improvements consistent with the City’s Prime Arterial street classification. Due to existing site constraints and adjacent land uses, there is the potential for two retaining walls, one at each project site. Site 1 is located between Jackspar Drive and Sunny Creek Road and is approximately 1,600 feet long. Site 2 is located just northwest of Cougar Drive, and is approximately 500 feet long. Where it passes through both of these sites, existing El Camino Real consists of two northbound lanes, while beyond the limits of these sites the street has already been built out to three northbound lanes. There are no right turn lanes proposed within the limits of the project. Scope of Work - Group A: Preliminary EngineeringPlanning Phase Task I00 - Project Start-up and Data Collection 101. 102. Kick-off Meeting and Site Visit Hold one kick-off meeting, including visiting Sites 1 and 2 with City staff. Review potential retaining wall locations, existing utility facilities, driveways, the signalized intersection at Jackspar Drive, existing drainage facilities near Sunny Creek Road, and other relevant project issues. Document the site visit with typed meeting minutes and photographs. Research Records and Identify Project Control Collect record improvement drawings, right-of-way maps, utility record maps, and available survey control data. Identify project control for both sites and determine centerline geometry and stationing for both sites. Page 1 of 17 BOYLE City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Setvices August 7,2003 103. Conduct Field Surveying Locate and survey primary control points (horizontal and vertical). Set and survey aerial control panels. Conduct supplemental field surveying consisting of the following: - Locate and survey existing right-of-way points. - Cross section existing roadway at 50-foot intervals. - Locate and survey existing surface utility facilities. Reduce field data and provide survey data to the design team and the aerial mapping subconsultant (for inclusion in the topography mapping). 104. Prepare Aerial Topographic Mapping Boyle's subconsultant, Towill Inc., will complete the aerial mapping for hs project. Fly the project, and prepare aerial topographic mapping. One set of contact prints of the aerial photographs will be provided to the City. Mapping will be 250 feet wide, consisting of 150 feet on the side of the street where the improvements will occur and 100 feet on the other side. Mapping limits at each site will include the lengths described above for each site, plus an additional 200 feet at each end of each site. Thus the mapped area of each site will be as follows: Site 1 - 2,000 feet by 250 feet; Site 2 - 900 feet by 250 feet. Mapping will be 1" = 40' scale with one-foot contour interval, in AutoCAD format. Produce digital terrain model with points and break lines, for use by the design team. 105. Plot Existing Utilities Based on the collected utility record maps md survey data, plot existing utility facilities and send a copy of the plot with a letter to each utility owner requesting verification of the size, material, depth, and other characteristics (pressure, voltage, etc.) of their facilities. 19 Page 2 of 17 BOW"€ City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 106. Obtain Title Reports and Prepare Right-of-way Base Map Order three copies of preliminary title reports with litigation guarantees. Provide one copy of each to the City. Review the title reports and supporting documents. Based on records research, title reports, and field survey data, calculate existing property boundaries and roadway right-of-way lines. Where applicable, plot existing easements and encumbrances. Plot the right-of-way base map and provide two copies to the City for information. 107. Prepare Geotechnical Report Research available geotechnical information from adjacent developments. Conduct field investigations, including a site reconnaissance and three borings; perform geotechnical laboratory testing; and prepare a geotechnical report summarizing soil conditions and providing recommendations for pavement structural section, grading, soil corrosivity, retaining walls, and other desigdconstruction issues. Submit two copies of the Draft Geotechnical Report for the City’s review. Based on City comments, revise the report and submit two Final copies for the City’s records. Task 200 - Preliminary Design Studies 201. Prepare Project Layout Prepare a project layout consisting of existing features (topography mapping plus existing right-of-way and utilities), centerline stationing, proposed pavement and striping, and preliminary limits of grading. The preliminary grading will assume 2:l side slopes, so that critical areas can be identified where retaining walls may be needed. Preliminary wall locations will be shown. The layout will be based on the standard widths for a Prime Arterial. Briefly study utilities, geotechnical information, driveways, the bus stop, and other known issues that could affect the project footprint. Submit the layout to City staff for review along with Page 3 of 17 BOYLE City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 a memo summarizing relevant issues. Meet with City staff once to review concepts and studies for decision-making. 202. Determine Right-of-way Requirements Based on the project layout, add proposed right-of-way takes, temporary construction easements, and grading or wall easements to the right-of-way base map. Submit two copies of the revised map to the City. 203. Study Alternative Retaining Options At the Rancho Carlsbad Golf Course property at Site 1 and at the residential property at Site 2, study retaining wall options to reduce grading impacts. Prepare cross sections or other sketches sufficient to convey alternative concepts to City staff. Options could include conventional cast-in-place, reinforced concrete retaining walls (at either location), a mechanically stabilized embankment (at the golf course), and/or a soil nail wall (at the residential property). Submit sectionshketches with a memo summarizing relevant issues to the City for review. 204. Determine Area of Potential Effect and Construction Issues Based on the preliminary layout, proposed retaining walls, and input from the City, prepare a map of the project delineating the expected grading and construction impacts plus a buffer zone of 20 feet. Provide a memo describing likely construction phasing, expected hours of construction, and potential construction equipment, for use by the environmental subconsultant. 205. Prepare Preliminary Cost Estimate Based on the preliminary layout and proposed retaining walls, prepare a preliminary opinion of probable construction cost (“cost estimate”) for the City’s use, and for investigation of financing options. Page 4 of 17 BOWL€ 21 City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 Task 300 - Environmental Documentation Boyle’s environmental subconsultant, EDAW, Inc., will prepare the environmental documentation for this project. 301. Biological Resources Letter Report Although Sites 1 and 2 include brushed areas previously used for agricultural use, the remaining habitat may be used by a variety of native birds and reptile species. For this reason, EDAW’s biologist will conduct a field reconnaissance to verify the presence or absence of sensitive wildlife and plant species within Sites 1 and 2. Results will be documented in a letter report including recommendations for impact avoidance. No designated waters of the U.S. are known to occur within the project site; therefore no wetland delineation work is included in this scope of work. Task 400 - Financing Options It’is not known at this time what financing mechanism will be most suitable, or whether a special benefit can be proven for this project. Therefore, this scope includes just the evaluation of various financing possibilities and their suitability for this project; the remaining work to form the financing mechanism would be considered additional work, not included in this scope and fee. 401. 402. Identify Key Project Variables Meet with City staff to discuss financial and engineering variables related to the project (e.g., total cost of the project, cost to be financed, terms of indebtedness, geographic scope of impacthenefit, City’s planned development patterns, etc.). Identify Financing Options and Meet with City Based on the key project variables, research available financing options (e.g., taxes, assessments, fees, charges, etc.). Meet once with City staff to discuss relative advantageddisadvantages of each option, and means of implementation. Document these discussions in typed meeting minutes. Page 5 of 17 60WLE 22 City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 Task 500 - Plans, Specifications, and Estimate 501. Prepare 70% Submittal Prepare plans, list of specifications, and bid items list. Plans will be at a completion level of approximately 70%, and will include the following sheets: - Title Sheet and Notes (2 sheets) - Typical Cross Sections (1 sheet) - Plan and Profile Sheets (3 sheets) - Construction Details (3 sheets) - Retaining Wall Plans, Profiles, and Details (4 sheets) - Signing and Striping (2 sheets) - Traffic Signal Plan, Details, and Schedules (2 sheet) - Water Pollution Control Plans and Details (2 sheets) Utilities, mailbox relocations, and drainage facilities will be shown on the plan and profile sheets. Driveway details and drainage profiles and details will be included on the construction detail sheets. This scope assumes that designs of utility relocations (water, sewer, etc.) are not included, since they have not been identified at this time. Traffic signal details will include installation of video detection equipment. Submit ten copies of the 70% plans, list of specifications, and bid items list to the City for review. Submit one copy of the plans to each utility owner for review of potential conflicts. Send one set of plans to North County Transit District (NCTD) (or make this extra set available to the City) for review and coordination of the bus stop relocation. 502. Prepare 100% Submittal Prepare plans, specifications, and cost estimate (PS&E) to approximately 100% completion. Submit the same sheets as the 70% submittal, addressing the City’s comments and adding any details that were omitted at the 70% stage (for example, drainage and retaining wall details). Prepare a quantities back- Page 6 of 17 BOYLE - 23 503. 504. Ci of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 up notebook. Submit ten copies of the 100% PS&E to the City for review. Submit one copy of the plans to each utility owner with final notice of relocation, if required. Send one set of plans to NCTD (or make this extra set available to the City) for final review and approval of the bus stop relocation. Provide digital file of project specifications, for the City to finalize. Prepare CSWPPP Prepare storm water checklist and Conceptual Storm Water Pollution Prevention Plan (CSWPPP). Submit one copy of each for review by the City. Upon receiving City comments, revise the CSWPPP and submit the final version to the City. Final Submittal Based on the City’s comments, finalize the PS&E and submit one copy to the City for final confirmation that the 100% comments were addressed. With the City’s input, make corrections and plot final Mylars for the City. It is assumed that the City will prepare the final specifications based on the digital file provided by Boyle at the 100% level. Print the specifications and estimate and submit one original of each to the City. Submit digital files of the plans (AutoCAD), specifications (Microsoft Word), and estimate (Microsoft Excel). Prepare final quantities back-up notebook and submit one copy to the City. Task 600 - Right-of-way Acquisition Boyle will prepare Right-of-way documents (plat maps and legal descriptions). Boyle’s subconsultant, Hendrickson Appraisal Co., Inc., will prepare appraisals. 601. Prepare Plat Maps and Legal Descriptions Based on the right-of-way requirements provided by the design team, prepare separate plat maps and legal descriptions for five sub-parcels (on three ownerships). Submit plats and legal descriptions to the City for review. Based on the City’s Page 7 of 17 BOWL€ 21 City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 comments, finalize and sign the plats and legal descriptions. Provide one copy of each (8.5~11) to the City, the appraiser, and the acquisitions agent. 602. Prepare Deed Form and Easement Documents Using a template to be provided by the City, prepare a deed form for one parcel and easement documents for up to four easements. 603. Prepare Appraisals The appraisal process will include valuation of the parts to be acquired, consideration of potential severance damages to the remainder, and consideration of benefits that may offset the damages. In order to value the portion to be acquired, under California eminent domain law, we must first determine the highest and best use and value the whole property. This value will be developed using various valuation methods that are consistent with the Uniform Standards of Professional Appraisal Practice. Appropriate market comparables will be compared to the subject properties to develop opinions of the value of the whole property. After determining the value of the whole property, the unit value of the whole will be applied under typical circumstances to the portion to be acquired. After valuing the part acquired, a detailed study will be conducted to determine potential damages to the remainder and any offsetting benefits as a result of the project. The value of various easements to be acquired, both temporary and permanent, will be analyzed and their values included in just compensation to the property owner. It is assumed that we will be appraising three ownerships (larger parcels), with five interests including one fee acquisition area, and four permanent and temporary construction easements. Prepare a Draft Appraisal Report for the City's review. Based on the City's comments, prepare the Final Appraisal Report. Page 8 of 17 ROW"€ 2c City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 Scope of Work - Group C: Construction Phase Task 700 - BidlConstruction Phase Services 701. Perform Bid Phase Services On a time and materials basis, Boyle will assist the City as required with RFI’s during bidding, addenda if required, and tabulation and review of bids. At the City’s request, a budget of 40 hours is assumed for this task. 702. Perform Construction Phase Services On a time and materials basis, review RFI’s and submittals from the Contractor during construction, and perform miscellaneous design tasks as they may arise during construction. At the City’s request, a budget of 40 hours is assumed for this task. Scope of Work - Group D: Optional Future Tasks Task 800 - Additional Services 80 1. Cultural Resources Letter Report The cultural resources investigation will include a records search, a field survey, a Native American contact program, and a brief letter report documenting the results of the study. The records search will be conducted at the South Coastal Information Center and the San Diego Museum of Man, and will be directed at identifying all previously recorded cultural resources within one-half mile of Sites 1 and 2, as well as the locations of previous archaeological surveys. A Native American contact program will also be implemented, in the form of letters sent to groups or individuals with heritage concerns for the project area. The field survey will be conducted by a team of two archaeologists walking in parallel transects spaced no more than 10 meters (30 feet) apart, and examining the ground surface for evidence of cultural activity. Because the project area is limited, it is assumed that no cultural resources will be identified within the area of potential 26 Page 9 of 17 BOWL€ City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 effect (APE). Finally, the investigations will be documented in a letter report that describes the methods and results of the investigation. 802. Noise/Air Quality Letter Report EDAW will obtain existing and predicted future traffic volume data from the City of Carlsbad. EDAW will measure existing traffic noise levels at the sensitive receptors nearest the areas of proposed widening; traffic volumes will be counted during the measurement period. EDAW will conduct up to 2 noise measurements near sensitive receptors at each site. EDAW will use the FHWA traffic noise model, the measurement data, and the traffic volume data to calculate existing and future - with and without project - noise levels at the sensitive receptors. The results will be compared with the 60 dBA CNEL exterior threshold limit of the City Noise Element. If necessary, the results will also be compared with the 45 dBA CNEL interior limit of the City Noise Element. If it appears that the proposed widening would result in a significant noise impact, EDAW will propose design modifications or noise abatement measures to be incorporated into the project that would avoid noise impacts. The scope for this noise analysis assumes that no nighttime construction will occur. .I EDAW will estimate pollutant emissions that would occur during construction and briefly discuss the impacts. The San Diego Air Pollution Control District has no quantitative standards for significant air quality impacts from construction; values will be compared with Federal standards where appropriate. EDAW will recommend abatement measures that would minimize emissions to be included in the project. It is assumed that the project will not generate traffic, nor increase the number of cold starts, nor cause intersections to operate at LOS E or F. Therefore, there is no potential for long-term, traffic related air quality impacts. Results for the noise and air quality analyses would be summarized in one letter report. 803. Preparation of CEQA Documentation for an IS/ND or IS/MND Page 10 of 17 BOW"€ City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 If the preliminary findings for noise, air, biology and cultural resources identify potential environmental impacts associated with roadway widening improvements at either location, EDAW would then prepare the necessary environmental Initial Study (IS) form and the appropriate Negative Declaration (ND) or Mitigated Negative Declaration (MND). As part of the IS, EDAW would prepare the Environmental Checklist using the City’s format. Summary analyses would be provided to justify each yes/no/maybe answer. The Environmental Checklist would form the backbone of the IS. EDAW would prepare a Draft and Draft Final IS using the City’s recommended format. The IS would contain detailed analyses of those environmental issues deemed potentially significant in the Environmental Checklist. Appropriate mitigation measures would be described. EDAW anticipates that the environmental impacts would either be less than significant, or reduced to below levels of significance with incorporation of standard mitigation measures. For this reason, EDAW expects the appropriate level of analysis in the initial study would support a Negative Declaration (ND) or a Mitigated Negative Declaration (MND). The ND/MND would cover the same range of issues covered in the IS, but with more detailed analysis. The noise, air quality, biology and cultural resources letter reports would be summarized in the ND or MND. The MND would also require the preparation of a Mitigation Monitoring and Reporting Program (MMRP). EDAW would prepare the MMRP for attachment to the MND. EDAW assumes one round of revisions for the Draft IS/ND or IS/MND. One (1) copy of the draft and five (5) copies of the draft final would be provided to both the City and Boyle Engineering. The City would be responsible for preparing notices and the Final IS/ND or IS/MND. Meetingdcoordination. Following the kickoff meeting with the City and Boyle Engineering, EDAW would conduct an initial field visit and attend two (2) meetings during preparation Page I1 of 17 BOCILE City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 of the IS/ND or IS/MND. EDAW would also attend the City Council hearing during final approval of the project. If requested, EDAW can provide supporting graphics during the council hearing. 804. Provide Support for Eminent Domain Prepare exhibits and documentation for, and support the City in, eminent domain proceedings for one parcel, if required. Expert Witness Services for Right-of-way 805. Should expert testimony be required on one or more of the parcels, Hendrickson Appraisal Company’s hourly fee for trial preparation and consulting is $140 per hour. Expert testimony in deposition or trial is billed at $275 per hour. 806. Landscape Design It is anticipated that the needed landscape design for the project will be defined during ongoing project development. This scope includes a budget for this work as an additional service, but the precise scope and fee should be agreed upon by Boyle and the City before the work proceeds. 807. Provide Acquisition Services Boyle’s subconsultant, Wiggans and Willett, Inc., will provide acquisition services, if required. Review project plans, plats, legal descriptions, and Final Appraisal Report. Prepare offer letters and negotiate with property owners on behalf of the City, while keeping in close contact with City staff. Coordinate with the design team and the City, including regular (at least monthly) written status reports by e-mail or letter. Coordinate with escrow companies, including preparation and review of escrow instructions. 29 Page 12 of 17 BOWL€ City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 Deliverables to the City Task 100 - Project Start-up and Data Collection Meeting minutes and photographs of site visit (one copy) a Contact prints of aerial photographs (one set of originals) Utility plot and copy of utility letters (one copy of each) o Preliminary title reports (one copy) CI Right-of-way base map (two plots, D-size) a Geotechnical report (two Draft copies and two Final copies) Task 200 - Preliminary Design Studies o Preliminary engineering layout and memo (two copies) o Right-of-way requirements map (two copies) o Alternative retaining options (one copy of sectionshketches and memo) P APE map and memo of construction considerations (one copy) o Preliminary cost estimate (one copy) Task 300 - Environmental Documentation o Biological resources letter report (one draft copy and five final copies) Task 400 - Financing Options Letter report of financing options (two copies) Task 500 - Plans, Specifications and Estimate o 70% plans (1 1x17), list of specifications (8.5~1 l), and bid items list (8.5~11) (10 copies of each) o 100% plans (1 1x17), specifications (8.5~1 l), and opinion of probable construction cost (8.5~11) (10 copies of each) a Digital copy of 100% project specifications (Microsoft Word format) for the City to finalize o Storm water checklist and CSWPPP (one copy of draft and two copies of final) o Final plans (24x36 Mylar), specifications (8.5~1 l), and opinion of probable construction cost (8.5~ 11) (one original of each) o Digital copy of final drawing files, including reference files, in AutoCAD format. Page 13 of 17 RUYLE 30 City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 o Digital copy of final estimate (MicrosoR Excel format) o Quantities back-up notebook Task 600 - Right-of-way Acquisition o Draft plat maps and legal descriptions (two copies) o Final plat maps and legal descriptions (two copies) o Deed form and easement documents (one copy) Draft Appraisal Report (one copy) o Final Appraisal Report (three copies) Task 700 - BidConstruction Phase Services Bid and construction phase services as requested by the City, within the allotted budget Assumptions This scope of services and fee are based on certain assumptions. Where such assumptions have been identified, they are stated either in the scope or below. Both the City and Boyle agree to modify the scope and fee accordingly if these assumptions prove to be incorrect. o Right-of-way: Three ownerships will be affected, includmg the Rancho Carlsbad Golf Course and one agricultural parcel at Site 1, as well as one residential parcel at Site 2. It is assumed that one slope or wall easement and one temporary construction easement (TCE) will be required from the golf course property; one TCE will be required from the agricultural parcel; and, at Site 2, one partial take and one TCE will be required from the residential parcel. This results in a total of five sub-parcels (i.e. takes or easements) on three ownerships. o Environmental: No technical studes will be required other than the biological resources letter report, as described in the scope. Other letter reports (for cultural resources, air quality, and noise) would be completed as additional services. Formal detailed jurisdictional waters or wetlands delineation are not required. It is assumed that permits, mitigation, and monitoring services will not be required. There is no state or federal involvement in the project. As Lead Agency, the City will use the information from the technical studies to determine if the proposed improvements are exempt from further CEQA Page 14 of 17 BOWL€ Cdy of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 analysis. According to CEQA, a ‘‘common sense exemption” would apply when it can be seen with certainty that there is no possibility that the proposed project may have a significant effect on the environment (California Code Regs. Title 14 Section 1506 1 (b) C3). The scope assumes that the environmental document will be a Categorical Exemption (CE) under CEQA; however, there is fee included under “Additional Services” in the event that an Initial Study and Mitigated Negative Declaration are required. In the event that a CE will be adequate, the City will prepare the documentation for the CE, based on EDAW’s technical studies and letter reports. Retaining Walls: Since the wall type to be used at each site is not yet known, design costs are based on traditional, standard, cast-in-place concrete wall construction. If other wall types are decided upon (e.g., mechanically stabilized embankments or soil nail walls), then additional fee may be required for geotechnical recommendations and detailed design. Project Management: The following project management activities are considered as included in the various tasks of this scope of work: - Attendance at up to ten meetings with the City and others - Preparation of typed meeting minutes - Coordination with the City on an ongoing basis - Updating the project schedule (up to three major updates) - Contracting with subconsultants - Project accounting and monthly invoices - Regular progress evaluations (S-curve graphs) - Maintaining project files Landscaping: The level of landscaping required is not known at this time, and the fee for this work is not included. Specifications: Boyle will prepare draft “boilerplate” specifications (based on template provided by City) and draft technical specifications at the 100% level. The City will prepare the final specifications. Traffic Data: Traffic studies are not included in this scope and fee. It is assumed that the City will provide traffic data, if needed. Page 15 of 17 BOWL€ 3L City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 o Traffic Control: As discussed with City staff, this scope and fee do not include traffic control plans, and it is assumed that traffic control will be covered by Carlsbad (andor Caltrans) standard plans and specifications. t~ Data Provided by Others: Consistent with the professional standard of care and unless specifically provided herein, Boyle shall be entitled to rely upon the accuracy of data and information provided by the City or others without independent review or evaluation. o Cost Estimates: Any Opinion of the Construction Cost (entitled “cost estimate” in this scope) prepared by Boyle represents its judgment as a design professional and is supplied for the general guidance of City. Since Boyle has no control over the cost of labor and material, or over competitive bidding or market conditions, Boyle does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. Boyle will generate unit prices based on available, recent bid history provided by the City. CADD Deliverables: Documents, drawings, specifications, and electronic informatioddata, including computer aided drafting and design (“CADD”), prepared by Boyle pursuant to this agreement are not intended or represented to be suitable for reuse by City or others on extensions of the Project or on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Boyle will be at City’s sole risk and without liability to Boyle. City assumes full responsibility for such changes unless City has given Boyle prior notice and has received from Boyle written consent for such changes. Electronic data delivered to City is for City’s convenience and shall not include the professional stamp or signature of an engineer or architect. City agrees that Boyle shall not be liable for claims, liabilities or losses arising out of, or connected with the decline of accuracy or readability of electronic data due to inappropriate storage conditions or duration. Boyle is not delivering digital copies of design program files (i.e. LDD, Inroads, etc.). Page 16 of 17 €JOWL€ 33 Ci of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services August 7,2003 Compensation Compensation for Tasks 100 through 600 will be on a lump sum basis, in accordance with the attached Exhibit “B” - Project Budget. Boyle will invoice monthly based on progress to date (percent complete) and the City agrees to pay within 30 days of receipt of invoices. Compensation for Tasks 700 and any Additional Services will be on a time and materials basis, in accordance with the attached Exhibit “C” - Standard Hourly Rate Schedule. SD-Cl7-125-OOW:\C1 ‘A150\01V)ocs\Cont1act\SOS El Camino Real.doc\xxx\8/7/03 3q Page 17 of 17 BOWL€ U Q) 0) 0 3 m U 0 Q) .-. E n I 4 H I" , , CI 0) m U s m c 0 Q) ‘0’ h I c .- e c X w -t 1 37