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HomeMy WebLinkAbout2004-05-11; City Council; 17626; Dudek & Associates agmt amend 4LB# 17,626 IITG. 5/11/04 IEPT. ENG CITY MGa - TITLE: APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK AND ASSOCIATES, INC., FOR THE NORTH AGUA HEDIONDA INTERCEPTOR SEWER REHABILITATION PROJECT NO. 3537 Adopt Resolution No. 2004-155 to approve Amendment No. 4 to the professional services agreement with Dudek and Associates, Inc., for the North Agua Hedionda Interceptor Sewer Rehabilitation, 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 Agua Hedionda Lagoon to the Foxes Lift Station located just east of Interstate 5. In order to expedite the rehabilitation, the project was divided into two segments. The eastern segment, comprised of the restoration of 41 access holes, was Categorically Exempt from the California Environmental Quality Act (CEQA), and was completed in February of this year. The western segment includes five components: 1 ) re-establishment of the sewer maintenance access road; 2) construction of a shoreline protection wall; 3) pipeline improvements; 4) rehabilitation of access holes; and 5) development of a portion of the regional trail system. The western segment with more significant environmental impacts requires an Environmental Impact Report (EIR). On June IO, 2002, the City entered into an agreement with Dudek and Associates Inc. (Dudek), to perform environmental and engineering services for the project for a fee not to exceed $64,355. Tasks included preparation of a biological conditions report, alternatives analysis report, and design for the eastern segment of the project. On December 31, 2002, Amendment No. 1 to the Agreement was approved to provide field reconnaissance and preliminary engineering for the shoreline protection wall that will protect the proposed access road and existing pipeline from shoreline erosion for a fee not to exceed $1 5,400. On January 15, 2003, Amendment No. 2 was authorized by the City Council and approved for additional engineering and environmental services for a fee not to exceed $159,170. Engineering services included design, survey, mapping, preparation of plats and legal descriptions and to complete plans and specifications. Environmental services included preparation of a Coastal Development Permit, Resource Agency permits and agreements and wetland mitigation and monitoring plans. On June 3, 2003, Amendment No. 3 was approved for environmental services for the preparation of an EIR for a fee not to exceed $53,790. The scope of work for Amendment No. 4 includes both environmental and engineering services. Environmental services include providing an updated biological survey, and cultural resource testing which are necessary for resource agency permits. Also, to satisfy California Department of fish and Game (CDF&G) requirements for the temporary impacts associated with the eastern segment rehabilitation, additional environmental services are necessary and include biological construction monitoring, wetlands exotic plant removal monitoring, and report preparation. Additional engineering services include: preparation of separate clearing/grubbing plans and specifications, preparation of a Stormwater Pollution Prevention Plan and preparation of exhibits for public meetings. Engineering services also include further design for the'extension of the proposed access road, and preparation of a wave uprush study to address concerns related to shoreline protection. Page2ofAgendaBillNo. 17,626 ENVIRONMENTAL REVIEW: A Draft EIR has been prepared and circulated for the proposed project. The public review period for the Draft Project EIR closed on April 1, 2004. The consultant is in the process of preparing responses to comments received during the public review process. The Final EIR will be considered for certification by the Planning Commission at a public hearing to be held in the near future. The project requires approval of a Flood Plain Special Use Permit by the Planning Commission and the EIR will be considered at the same public hearing. FISCAL IMPACT: The cost associated with the subject amendment is $105,740 with the total amount of the agreement not-to-exceed $398,455 and is included in the estimates for design and environmental services in the table above. Sufficient funds from the Sewer Replacement Fund are available in the project account. EXHIBITS: 1. Location Map. 2. Resolution No. 2004-155 approving Amendment No. 4 to Professional Services Agreement with Dudek and Associates, Inc., for the North Agua Hedionda Interceptor Sewer, Project No. 3537. 3. Amendment No. 4 to Professional Services Agreement with Dudek and Associates, Inc., for the North Agua Hedionda Interceptor Sewer, Project No. 3537. DEPARTMENT CONTACT: Mark Biskup, (760) 602-2763, mbisc@ci.carlsbad.ca.us EXHIBIT 1 PROJECT NAME: PROJECT NUMBER: NORTH AGUA HEDIONDA INTERCEPTOR CP 3537 SEWER REHAB-WESTERN SEGMENT LOCATION MAP EXHIBIT 1 NOT A TO N SCALE 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. 2004- 155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK AND ASSOCIATES, INC., FOR THE NORTH AGUA HEDIONDA INTERCEPTOR SEWER, PROJECT NO. 3537. WHEREAS, a Draft EIR has been prepared and circulated for the proposed project and :he public review period for the Draft Project EIR closed on April 1, 2004; and WHEREAS, The Final EIR will be considered for certification by the Planning Commission at a public hearing to be held in the near future. WHEREAS, the City Council of the City of Carlsbad, California, has determined it iecessary and in the public interest to approve and accept Amendment No. 4 to the Professional Services Agreement with Dudek and Associates, Inc., for the North Agua Hedionda Interceptor Sewer, Project No. 3537; and WHEREAS, Dudek and Associates, Inc., in performing preliminary engineering and mvironmental services for the North Agua Hedionda Interceptor Sewer's western segment, is miquely qualified to perform final environmental and engineering services for the Interceptor's Nestern segment; and WHEREAS, a mutually satisfactory fee for the services has been negotiated; and WHEREAS, funds have been appropriated in the 2003-04 Capital Improvement Program 'rom Sewer Replacement Funds and sufficient funds are currently available; and WHEREAS, Amendment No. 4 to the Professional Agreement With Dudek and 4ssociates, Inc., has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: 1. That the above recitations are true and correct. Yl Yl Ill Ill '11 Ill 4 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 2. That the proposal by Dudek and Associates, Inc., in the amount of $105,740 for Amendment No. 4 with a total amount of the said agreement not-to-exceed $398,455 for the permitting and design of the North Agua Hedionda Interceptor Sewer’s western segment is accepted and approved and the Mayor is hereby authorized and directed to execute the amendment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 11th day of Mav , 2004 by the following vote, to wit: AYES: Council Menbers Lewis, Finnila, Kulchin, Hall alld Packard ATTEST / Resolution No. 2004-155 page 2 (SEAL) PWENG292 P1 1 1 475 #2798-3&13 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR ENGINEERING AND ENVIRONMENTAL SERVICES (DUDEK AND ASSOCIATES) /p No. 4 is entered into and effective as of the 1 , 2004, amending the agreement dated June 10, 2002 ("City"), and Dudek and Associates, ("Contractor") (collectively, the "Parties") for improvements to the North Agua Hedionda Interceptor Sewer. between the City of Carlsbad, a municipal corporation, A. On January 7, 2003, the Parties executed Amendment No. 1 to alter the Agreement's scope of work to provide geotechnical investigation and shore protection design for a fee of $15,400; and B. On January 15, 2003, the Parties executed Amendment No. 2 to alter the Agreement's scope of work to include further engineering and environmental services for a fee of one hundred fifty nine thousand one hundred seventy dollars ($159,170). Engineering services included engineering design, survey, mapping, preparation of easement plats and legal descriptions, and necessary engineering to complete plans and specifications. Environmental Services included preparation of environmental permit applications and the preparation of a wetlands mitigation and monitoring plans; and C. On June 3, 2003, the Parties executed Amendment No. 3 to extend the Agreement for a period of one (1) year ending on June 10, 2004 and alter the Agreement's scope of work to include further environmental services for a fee not-to-exceed fifty three thousand seven hundred ninety dollars ($53,790). Services included preparation of an Environmental Impact Report (EIR); and D. The Parties desire to alter the Agreement's scope of work to include additional engineering and environmental services for modifications to the projects original scope; and E. The parties desire to extend the Agreement for a period of one (1) year ending on June 10,2005; and F. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services Fee, for engineering and environmental services. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". with this Amendment. 1 City Attorney Approved Version #05.22.01 2. City will pay Contractor for all work associated with those services described in Exhibit “A’ on a time and materials basis not-to-exceed one hundred five thousand seven hundred forty dollars ($105,740). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A by June 10,2005. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR *Group A. Chairman, President, or Vice- Presiden t **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 off icer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney 2 City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } SS. State of California County of hW4-D On 4w I * 0 before me, J. SC~, mm-4 ,i , N me and me of Offlcer (e g "Jane Dhhotaly Publ~c ) personally appeared Date FranjL P~W 4 Name(s1 of Signer@) l&ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@ whose name@ iq@ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notaiy Public 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 1 FrZwkDkdelL hue ow* 0 Guardian or Conservator Signer Is Representing: 0 1999 National Notaiy Asmiation * 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA91313-2402 * w.nationalnotalyorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A DESCRIPTION AMENDMENT NO. 4 FOR ENGINEERING AND ENVIRONMENTAL SERVICES NORTH AGUA HEDIONDA SEWER REHABILITATION (DUDEK AND ASSOCIATES) COSTS SUMMARY OF SCOPE OF WORK AND COSTS FOR AMENDMENT NO. 4 The following pages provide details for the services and fees described above. Engineering, P/anni&XHIBIT “A” Environmental Sciences and Management Services Fax 760.632.0164 Corporate Office: 605 Third Street 760.942.5147 & ASSOCIATES, INC. Professional Teams for Complex Projects FEB b9 2004 February 4,2004 ENGlNEERiNG DEPARTMENT 2798-03 Mark Biskup City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Scope of Work and Cost Esimate for Amendment 4 North Agua Hedionda Sewer - Western and Eastern Segments Dear Mark: In response to your request, Dudek & Associates, Inc. (Dudek) is pleased to submit to the City of Carlsbad (City) the following scope of work and cost proposal for environmental consulting services for the North Agua Hedionda Sewer Western and Eastern Segment projects. The following tasks are separated for the two projects. The tasks related to the western segment have become necessary during the development of the Environmental Impact Report (EIR) due to ongoing design changes, analysis requested by the City and California Department of Fish and Game (CDFG), updated biological surveys and cultural resource testing recommended by Dudek, and additional materials requested by the City Planning Department. The tasks related to the eastern segment cover biological monitoring of construction and revegetation as well as reporting requirements. It is our understanding that the following items will be incorporated into Amendment #4 to our existing agreement. SCOPE OF WORK and COST ESTIMATE - WESTERN SEGMENT Task 1 Analysis of Design/Alignment Changes Dudek will adjust analysis in the Biological Technical Report and EIR based on up to three alignment/design changes such as access through the Cade property. Analysis may include evaluation of potential alternatives, up to three meetings with City staff, up to three field visits to re-map and/or confirm biological resources and existing conditions, and up to three draft Geographical Information Systems (GIS) graphic productions. The results of design change analysis will be shared with all members of the project team, including Planning and Engineering staff at the City and Dudek. The final decisions regarding design changes will be incorporated into the Draft Biological Technical Report and Draft EIR submitted to the City for review. Mark Biskup Subject: Scope of Work and Cost Estimate forAmendment 4 North Agua Hedionda Sewer - Western and Eastern Segments Deliverables - Up to three draft impact tables and impact overlay graphics, to be provided via fax or email. Attendance at up to three meetings with City staft Revised Biological Technical Report and Drafi EIR with agreed upon design changes. Estimated Cost .............................................. $8,500.00 Task 2 Incorporation of Trail Designations Dudek staff will compile and analyze title reports (provided by the City) and existing permits/agreements with the California Coastal Commission (acquired by Dudek) to develop alternatives for a trail designatiodeasement along the alignment of the project. Dudek staff will provide analysis of up to two design alternatives for a trail designatiodeasement within the Draft EIR and Draft Biological Technical Report. The analysis will take into account existing trail easements and Irrevocable Offers of Dedication (IODs) and will cover a trail alignment following the centerline of the sewer as well as one closer to the shoreline. This scope and cost includes preparation of appropriate graphics using GIs, up to two meetings with City staff, and analysis of trail features in the Draft EIR and Draft Biological Technical Report. Deliverables - Draft EIR and Biological Technical Report with appropriate trail descriptions, graphics, and analysis. Attendance at up to two meetings with City staff: Estimated Cost .............................................. $6,250.00 Task 3 Wetlands Mitigation Coordination (Feasibility Analysis and Incorporation of Carlsbad Village Storm Drain Mitigation) As requested by CDFG, Dudek will draft a Mitigation Feasibility Report that will evaluate use of land dedicated to CDFG as part of the Kelly Ranch approval to create and enhance wetlands and coastal sage scrub habitat to mitigate for impacts related to the western segment project. The report will include a summary of vegetation mapping, wetland delineation, wildlife survey, and habitat restoration evaluation for an approximately 50-acre portion of the CDFG property located on the north shore of Agua Hedionda Lagoon, south of the intersection of Park Drive and Valencia Avenue. Graphics will include existing conditions and potential revegetation areas. Each potential revegetation area will be discussed in terms of potential habitat to be created and issues related to successfully establishing and sustaining those biological resources. In addition, Dudek will work with the City, Planning Systems, Inc., and the resource agencies to incorporate additional habitat restoration at the CDFG site on the north shore of Agua 2798-03 Scope of Work and Cost Estimate - Amendment #4 February 2004 Page 2 Mark Biskup Subject: Scope of Work and Cost Estimate forAmendment 4 North Agua Hedionda Sewer - Western and Eastern Segments Hedionda Lagoon for impacts related to construction of the Carlsbad Village Storm Drain project. Dudek understands that permits were issued for the project by U.S. Army Corps or Engineers, Regional Water quality Control Board, and CDFG, but only the habitat enhancement portion of the required mitigation was successfully completed. Dudek will determine appropriate replacement mitigation utilizing restoration opportunities at the CDFG north shore site and incoroprate the proposal into a revised Conceptual Wetlands Mitigation Plan. The mitigation replacement will be discussed in a sepatate cover letter and both items will be transmitted to the resource agencies for review. Dudek will then work with agency personnel to formalize approval of replacement mitigation in the body of permits for the North Agua Hedionda Sewer access road and seawall project. Delivera bles - Preparation of two draft feasibility analysis reports, two drafi Conceptual Mitigation Plans, and up to four meetings with the City and agency staff Estimated Cost ............................................. $12,000.00 Task 4 Update of Wildlife Survey Information Dudek recommends conducting updated wildlife surveys of the potential impact area of the project. Although protocol surveys for the federally-listed threatened California gnatcatcher (Polioptila californica californica) were updated in 2001, the assessment of potential for sensitive shorebirds is dated 1998. Furthermore, there has not been a specific evaluation of the potential for sensitive invertebrates within the alignment. Due to greater level of scrutiny expected of the EIR, Dudek recommends conducting up to five visits of the project site by a qualified biologist to assess the potential for nesting shorebirds and resident invertebrate species. Deliverables - Updated Draft Biological Technical Report and Drafi EIR with survey methodology and results. Estimated Cost .............................................. $4,000.00 Task 5 Planning Commission Presentation and Additional DElR Copies Per the request of Elaine Blackburn, Dudek staff will prepare a PowerPoint presentation of the project and Draft EIR analysis for the Planning Commission hearing. The presentation will be approximately 10 to 15 minutes, include graphical representations of the project, and potentially impact resources (e.g., visual and biological). Dudek environmental and engineering staff will attend the hearing and be available to answer any questions. Scope of Work and Cost Estimate - Amendment #4 2798-03 February 2004 Page 3 Mark Biskup Subject: Scope of Work and Cost Estimate for Amendment 4 North Agua Hedionda Sewer - Western and Eastern Segments Additional Dudek administrative staff will provide an additional 25 hard copies of the bound Draft EIR and appendices as well as a CD of the digital files in a MS Word version or software compatible and approved by the City Planning Department. Deliverables - Preparation and presentation of PowerPoint summary of the project ana analysis at Planning Commission hearing. 25 additional copies (total 50) of Drafi EIR and appendices. CD of Drafi EIR digital files in MS Word format. Estimate Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,OOO.OO Task 6 Cu I tu ral Resource Testing Preliminary analysis of the impacts of the project on cultural resources indicate that potentially significant impacts may occur. To obtain additional information regarding the existing resources within the project area, a testing program has been recommended. The objective of the testing program will be to determine site significance under City of Carlsbad Guidelines and CEaA for a portion of site CA-SDI-13701, estimated at 1000 by 40 feet. Testing provides the necessary information to determine site size, depth, content, integrity and potential to address important research questions. Field methods will include collection of surface artifacts, site mapping, excavation of shovel test pits and one to two 1x1-m units, artifact analysis, special studies @.e. radiocarbon dating, faunal analysis, and obsidian sourcing), and a report of finding. The Scope of Work will include: 1. Collection of Surface Artifacts A. For sites with an undisturbed surface, artifacts will be collected using point provenience mapping to show exact location of surface artifacts. If the surface has been disturbed or surface artifacts are estimated over 200, then a 10% random sample grid based surface collection will be conducted. 2. Subsurface Assessment A. Shovel test pits (STPs) and 1x1-m units will be excavated. 1. Unit placement will be determined by either the highest or most llkely area to possess subsurface material (based on surface remains or natural features). 2. Units will be excavated in 10-centimeter levels and excavated to sterile, that is defined as bedrock or one level with no cultural material present. If two consecutive levels record a significant drop-off in cultural materials with the presence of cultural material explained in terms of natural processes, then that is defined as sterile. Scope of Work and Cost Estimate - Amendment #4 2798-03 February 2004 Page 4 Mark Biskup Subject: Scope of Work and Cost Estimate for Amendment 4 North Agua Hedionda Sewer - Western and Eastern Segments 3. Map Preparation A. B. C. Plot on the USGS 7.5' quadrangle map. Plot on an engineering base map (either 1"= 100' or 1"=200'), to be provided by the client. A site map will be prepared showing: location of STPs, and 1x1 m units, site boundary, significant landform and/or landmarks, and surface artifacts or surface artifact collection grids. 4. Report A. Clean, and catalog all artifacts collected. B. Evaluate the sites/loci in terms of site size, depth, content, integrity and potential C. Present all results in a State of California report format. to address important research questions as per City guidelines and CEQA. Deliverables - Cultural Resources Survey and Testing Report including Confidential Appendix Estimate Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,000.00 SCOPE OF WORK and COST ESTIMATE - EASTERN SEGMENT Task 7 Biological Construction Monitoring Dudek will provide a qualified biologist to monitor the City's construction activities of the project site in accordance with documents prepared and approved pursuant to the federal Endangered Species Act (ESA), federal Clean Water Act (CWA), California Environmental Quality Act (CEQA), and California Fish and Game Code. Dudek understands that City anticipates the manhole rehabilitation will be conducted over a one month period beginning as early as September 1,2003. For purposes of this scope of work, Dudek assumes that seven weeks (35 working days) will be required to complete the manhole rehabilitation. It is anticipated that the Dudek monitor will work closely with the contractor during the first week of the project to familiarize each other with various project components and issues. During the remainder of project construction, Dudek will supervise the pfacement of travel routes and work areas as well as the rehabilitation itself wherever it is within or adjacent to an Environmentally Sensitive Area (ESA). Particular attention will be given to rehabilitation work in the eastern portion of the project area where several manholes are located within wetlands with known Scope of Work and Cost Estimate - Amendment #4 2798-03 Page 5 Mark Biskup Subject: Scope of Work and Cost Estimate for Amendment 4 North Agua Hedionda Sewer - Western ~~ occurrences of the federally-listed endangered least Bell’s vireo (Vireo belli pusillus). This task will include attendance at a pre-construction meeting, weekly meetings during project construction, and a single biological monitoring report following project implementation. Deliverables Attendance at pre-construction meeting and biological monitoring report following project implementation. Estimated Cost .............................................. $9,000.00 Task 8 Wet I a n d s Exot i cs Remova I Monitor i n g Dudek will monitor exotics removal to assure compliance with the approved revegetation plan. This work will include a pre-construction meeting and monitoring during the removal process. It is assumed that exotics removal would require no more than two working days. Dudek will coordinate with the contractor or City staff as needed and verify compliance of the installation with the approved plan. Photographs also will be taken of the site prior to exotics removal and following exotics removal. Deliverables Daily observation reports. Estimated Cost .............................................. $2,750.00 Task 9 One-Year Biological Monitoring and Reporting One-year biological monitoring will be performed as outlined in the approved revegetation plan. It is expected that inspections will be perFormed once, one-year following exotics removal and consist of photo documentation and written assessment of plant species present and associated site conditions. Conclusions regarding success and possible improvements to the exotics removal effort will also be included based on the information gathered. The report will be submitted to the City and CDFG. This scope and costs provides for a two drafts of the report. Deliverables Two draft biological monitoring reports. Estimated Cost .............................................. $4,000.00 2798-03 Scope of Work and Cost Estimate - Amendment #4 February 2004 Page 6 Mark Biskup Subject: Scope of Work and Cost Estimate for Amendment 4 North Agua Hedionda Sewer - Western TOTAL ESTIMATED COSTS The estimated labor cost associated with both projects is $63,500.00, to be billed on a time and materials basis in accordance with our ZOO4 Standard Schedule of Charges (see attached). Direct costs are billed at a 15% markup. Direct costs are anticipated to be approximately $3,000.00. The total budget amount for the above scope is $66,500.00. Please let me know if you have any questions regarding this proposal. Very truly yours, Dudek & Associates, Inc. Vipul +%E+- osh' Project Manager / Biologist Environmental Science Division cc: Mike Sweesy - Dudek Sherri Miller - Dudek art: 2004 Dudek Standard Schedule of Charges 2798-03 Scope of Work and Cost Estimate - Amendment #4 February 2004 Page 7 DUDEK & ASSOCIATES. INC . 2004 STANDARD SCHEDULE OF CHARGES Engineering Services Principal Engineer ............................... $150.00/hr Project Manager .................................. $130.00/hr Senior Engineer .................................. $130.00/hr Associate Engineer ............................. $1 15.OO/hr Project Engineer I .................................. $90.00/hr Resident Engineer ............................... ..$9 5.00/hr Field Engineer ...................................... .$8 5.001hr Engineering Inspector II ...................... ..$8 5.001hr Engineering Inspector I ........................ $7 5.00/hr Engineering Assistant .......................... $6 0.00/hr Project Engineer II ................................. $95.00/hr Environmental Services Principal ............................................... $1 70.00/hr Senior Project ManagerEpecialist ..... $14 5.00/hr Environmental Specialist/ Planner VI ... $1 30.00/hr Environmental Specialist/ Planner V ... .$I2 5.00/hr Environmental SpecialistlPlanner IV ... $115.00/hr Environmental SpecialistlPlanner Ill ... $1 10.001hr Environmental SpecialistlPlanner I I ..... .$9 5.00/hr Environmental Specialist/Planner I ...... $8 5.00/hr Analyst .................................................. .$7 O.OO/hr Research Analyst .................................. $60.00/hr Urban and Community Forestry Principal/Senior Consulting Arborist ... $170.00/hr Senior Project Manager .................... $145.00/hr Urban Forestry Specialist IV ............... $1 15.00/hr Urban Forestry Specialist Ill ................ $1 10.001hr Urban Forestry Specialist II .................. .$9 5.00/hr Urban Forestry Specialist I .................... $85.00/hr Research Analyst .................................. $60.00/hr Construction Management Services PrincipaVManager .............................. .$I4 0.00/hr Construction Manager ......................... $125.00/hr Senior Project Manager ...................... $115.00/hr Project Manager .................................. $1 1 O.OO/hr Construction Engineer .......................... .$9 5.001hr On-site Owner's Representative .......... .$8 O.OO/hr Construction Inspector Ill .................... ..$9 0.001hr Construction Inspector II ...................... .$8 0.00/hr Hydrogeological Services Principal ................................................. $170.00/hr Sr . HydrogeologisffSr . Project Manager $140.00/hr Associate HydrogeologistlEngineer ....... $1 15.001hr Hydrogeologist IVlEngineer IV ............... $1 00.001hr Hydrogeologist IIVEngineer Ill ................. $90.00/hr Hydrogeologist IIIEngineer II ................... $80.00/hr Hydrogeologist VEngineer I ..................... $70.00/hr Technician ................................................ $60.00/hr District Management & Operations District General Manager ....................... $145.00/hr District Engineer ..................................... $11 O.OO/hr District Manager II .................................. $120.00/hr District Manager I ................................... $1 00.00/hr District Manager Assistant ....................... $70.00/hr District SecretarylAccount ...................... $70.00/hr Grade V Operator .................................... $90.00/hr Grade IV Operator ................................... $80.00/hr Grade Ill Operator .................................... $65.00/hr Grade II Operator ..................................... $55.00/hr Grade I Operator ...................................... $52.00/hr Operator in Training ................................. $42.00/hr Collection Maintenance Worker II ............ $45.00/hr Collection Maintenance Worker I ............. $34.00/hr Collection Maintenance Manager ............ $90.OO/hr Office Services Technical/Draffing/CADD Services 3D Graphic Artist .................................... $125.00/hr Senior Designer ....................................... $95.00/hr GIS Specialist II ....................................... $95.00/hr GIS Specialist I ........................................ $85.00/hr CADD/ Designer ..................................... $85.00/hr CADD Drafter .......................................... $80.00/hr CADD Operator I ...................................... $70.OO/hr Assistant Designer Drafter ....................... $65.00/hr Support Services Computer Processing .............................. $65.00/hr Clerical Administration ............................. $60. 00/hr Forensic Engineering . Court appearances. depositions. and interrogatories as expert witness will be billed at 1.75 times normal rates . Emergency and Holidays - Minimum charge of two hours will be billed at I . 5 times the normal rate . Material and Outside Services - Subcontractors. rental of special equipment. special reproductions and blueprinting. outside data processing and computer services. etc., are charged at 1 . 15 times the direct cost . Travel Expenses - Mileage at 36.0 cents per mile . Per diem where overnight stay is involved is charged at cost Effective January 1. 2004 Engineering, P/anningXHIBIT “B” Environmental Sciences and Corporate Office: 605 Third Street & ASSOCIATES, INC. Professional Teams for Complex Projects Management Services Encinitas, California 92024 February 5,2004 Mr. Mark Biskup City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RECEIVED FEB 11 2004 ENGlNEEWlMG DEPARTMENT 760.942.51 47 Fax 760.632.0164 2798- 13 Re: Amendment #4 - North Agua Hedionda Interceptor Sewer Western AlternativedEngineering Services Dear Mr. Biskup: On February 28, 2003, Dudek sent the City of Carlsbad a letter detailing additional scope and fee for additional engineering services due to the EIR for the NAHI project. These additional services have yet to be authorized by the City of Carlsbad via an amendment to Dudek & Associates, Inc. Engineering Services Agreement. In the interest of expediency, Dudek and their subconsultants have proceeded with tasks necessary for the EIR with the mutual understanding that the additional work would be amended at a later date. Subsequent meetings with City of Carlsbad have added additional tasks related to the preparation of the Environmental Impact Report for the NAHI project. We have incorporated these additional tasks into the previous spreadsheet from February 2003. This proposal expands the original Scope of Work dated December 23, 2002, tasks added during meetings at City of Carlsbad ofices and the subsequent services detailed in the aforementioned February 28, 2003 letter for the North Agua Hedionda Interceptor. The following additional engineering services are required: Extension of the access road to the Snug Harbor Marina Additional alternative analysis due to the expansion of scope to include an Environmental Impact Report (EIR) Additional staff meetings (in-house, City of Carlsbad and outside agencies) due to the Environmental Impact Report Three additional easements, plats and legal descriptions due to road extension Wall elevation exhibits for EIR and exhibits for public meetings Wave Uprush Study by Terracosta Consulting Group per request from CA Coastal Response to comments generated by resource agencies from the EIR Water Quality Study, SWPPP, Drainage Study and design of BMP’s Producing clearing/grubbing/erosion control plans & specifications for completion of these activities prior to the February 15,2005 nesting season Detailed Scope of Work Dudek & Associates and their subconsultants, Terracosta Consulting Group and San Dieguito Engineering will provide additional engineering consulting and design services as follows: Subtask 1.1.6 Subtask 1.3 Subtask 1.5 Subtask 1.8.1 Subtask 1.8.2 Subtask 1.9 Subtask 1.10 Subtask 1.1 1 Subtask 1.12 Subtask 1.13 Subtask 1.14 Subtask 1.15 A wave uprush study will be performed by Terracosta Consulting Group and included in the technical appendices of the EIR. The scope of services for this task is subject to the constraints and exclusions per attached proposal dated February 26, 2003 from Terracosta Consulting Group, Exhibit B. Additional site visits, meetings required due to the change from a Mitigated Negative Declaration (MND) to an EIR. Additional coordination with Dudek Environmental Division required by the EIR. Revisions to the previous wall renderinghimulation due to the access road extension to the Snug Harbor Marina. Production of a wall elevation and exhibit for use by the City of Carlsbad. Additional design and drafting for the access road extension to the Snug Harbor Marina. An analysis of project alternatives to be included as part of the EIR. Revisions to the project schedule to account for changes required by the EIR. Preparation of a Water Quality Technical Report (WQTR) per attached Exhibit C Preparation of a Stormwater Pollution Prevention Plan (SWPPP) per Exhibit C Preparation of a Drainage Design Report per Exhibit C Response to comments generated from resource agencies on the EIR The estimated cost for completing the additional subtasks under Task 1.0 is thirty thousand seven hundred and forty five dollars ($30,745.00). Task 2.0 - Plans and Specifications Subtasks 2.1,2.2 & 2.5 - Additional engineering and design for extending the access road to the Snug Harbor Marina Subtask2.6 Providing the City with necessary contract documents for a clearing/grubbing/stormwater/erosion control plan to initiate and complete this work prior to the February 15,2005 nesting season. The estimated cost for completing the additional subtasks under Task 2.0 will be eight thousand one hundred and ten dollars ($8,110.00). Task 3.0 - Property Descriptions and Easement Acquisition Task 3.1 - This additional work includes three additional parcels and legal descriptions, metes and bounds as applicable and plats for the parcels included within the road extension. A detailed description of the scope of services, Exhibit D, is attached as part of this proposed amendment. Task 3.2 - Work removed by this scope change is property description and easements for the mitigation site. The original scope and fee covered under “Task 3.2” in the attached Exhibit E (original survey and mapping scope by Dudek & Associates). This deletion is based on discussions with Mark Biskup, City of Carlsbad and Vipul Joshi, Dudek & Associates on February 4, 2004. Based on this discussion, plans, specifications, any necessary engineering, survey or mapping services, including legal descriptions, will be provided as a separate project. This change results in a reduction in the original fee in the amount of three thousand seven hundred seventy dollars (- $3,770.00). The estimated cost for completing additional tasks for Task 3.0 will be three hundred eighty five dollars ($385.00). Additional Services The following services are not included but may be provided in conjunction with a City of Carlsbad approved change in the scope, schedule and fee. Such additional services include, but are not limited to the following: Response to resource agency comments beyond budgeted hours attached in Exhibit A. Property descriptions, plats, metes and bounds beyond that has been previously addressed in the attached proposal. Public relations, community outreach or coordinatiodmeetings with community groups. Property, right-of-way or easement acquisition. e e e Proposed Project Fee Based on our assessment of the expanded scope of services, Dudek proposes to perform the engineering tasks outlined herein on a time and materials basis for an additional estimated fee of thirty nine thousand two hundred forty dollars ($39,240.00). A detailed breakdown of this fee is attached in Exhibit A. Should you have any questions, please do not hesitate to give me a call me at (760) 479-4108 or email me at ematthews@,dudek.com - . Very truly yours, Dudek & Associates, Inc. Edward I. Matthews, P.E. Project Manager Attachments: Exhibit A Exhibit B Terracosta Consulting Group Proposal 2/26/2003 Exhibit C Dudek & Associates Stormwater Compliance Scope of Work, January 2004 Exhibit D San Dieguito Engineering Proposal Exhibit E Dudek Survey & Mapping Original Scope of Services (deletion of Task 3.2) 2003 Schedule of Charges cc Mike Metts, Dudek & Associates, Inc. Sherri Miller, Dudek & Associates, Inc. Vipul Joshi, Dudek & Associates, Inc. Andy Karydes, San Dieguito Engineering Exhibit B Terra Costa Consulting Group Scope of Services-Wave Uprush Study Terra Costa Consulting Group (hereafter referred to as “subconsultant”) shall produce a wave uprush study in the form of a letter report for the Agua Hedionda Lagoon. The study will become part of the technical appendices for the Environmental Impact Report for the North Agua Hedionda Interceptor Sewer. The study should examine the effects of wind, tidal and boat wake driven waves on the existing shoreline of the Agua Hedionda Lagoon in the vicinity of the proposed auger cast pile shoreline protection structure. The California Coastal Commission in a letter to Terry Smith, City of Carlsbad, dated December 3 1, 2002 asked that such a study should “. . ..document the absolute minimum width of protection necessary to protect improvements and why other forms of protection that eliminate or reduce wetlands impacts and beach erosion are not feasible, including installation of a vertical seawall or sand replenishment to rebuild the eroded beach.” The scope should address the Coastal Commission requirements and calculate a “design wave height” and the anticipated volume of water associated with this wave. The design wave height should be a function of wind speed and the fetch given the physical characteristics of the Agua Hedionda Lagoon. The wave uprush study should use standard methods as detailed in the Army Corps of Engineers Shore Protection Manual, 1984 (SPM). P:\Engineering\Carlsbad\2798 Agua Hedionda 2\CAA_EIR\TCG Exhibit B waveUprushScope.doc EXHIBIT W’ Scope of Service Storm Water Compliance For Carlsbad North Agua Hedionda Interceptor Project Prepared for City of Carlsbad, California Prepared by Dudek & Associates, Inc. January 2004 Introduction The NPDES Municipal Permit requires development and implementation of storm water regulations addressing storm water pollution issues in development planning and construction associated with private and public development projects. Specifically, private and public development projects are required to include storm water best management practices (BMPs) both during construction, and in the projects permanent design, to reduce pollutants discharged from the project site, to the maximum extent practicable. This proposal focuses on the Scope of Services to: prepare a Water Quality Technical Report (WQTR) that describes the permanent storm water BMPs that will be incorporated in the project to mitigate the impacts of urban runoff due to the development; prepare a Storm Water Pollution Prevention Plan (SWPPP) that describes how storm water requirements are incorporated into the project during construction activities and; prepare a Drainage Design Report in compliance with the City’s Jurisdictional Urban Runoff Management Plan (JURMP), each consistent with the City’s Storm Water Standards. Purpose WOTR The WQTR will include identification of specific Best Management Practices (BMPs), their locations, expected maintenance, and maintenance frequency. The plan will address design, and post-construction BMP requirements. The purposes of the WQTR and the procedures and content requirements are: 1. To identify potential storm water quality impacts from the Project, and to develop and evaluate options to avoid, reduce or minimize the potential for storm water quality impacts where practical; 2. To provide design guidance on effective structural and non-structural BMPs; 3. To ensure the long-term performance of these BMPs; 4. To ensure that BMPs put in place meet or exceed applicable regulatory requirements. SWPPP The purpose of the SWPPP is: 1. To identify potential pollutant sources that may affect the quality of discharges associated with construction activities; 2. To identify non-storm water discharges; 3. And to design the use and placement of BMPs to effectively prohibit the entry of pollutants from the construction site in to the storm drain system during construction. Drainage Design Reuort The purpose of the Drainage Report is to identify and design drainage devices to collect and direct surface runoff to natural drainage features present along the alignment, including proper sizing of culverts to handle storm water volumes. 2 SCOPE OF WORK - WQTR 1. 2. 3. 4. 5. Kick-o_ffMeeting - Once a notice to proceed has been established a kick-off meeting will be held to discuss project specifics, goals and objectives. Site Visit - A site visit will occur to gather site specific information related to the preparation of the WQTR. Drainage patterns will be assessed and storm drain structures (inlets) will be identified and located. Other structures or facilities that may affect water quality will be noted. Data Collection and Review - Information related to hydrology and water pollution will be collected and reviewed. 200- or 400-scale orthophoto topographic maps will be used to delineate site specific drainage areas associated with the project. Drainage Analysis - The drainage study will include rainfall runoff characteristics from the project area. A hydrologic analysis will determine peak flow rates, time of concentration, and retention volume for 2-yearY 10-year and 100-year storm events under pre-construction and post-construction conditions using the rational method outlined in the San Diego County Hydrology Manual. WQTR Preparation - Upon completion of the site visit and drainage study, a report will be prepared that follows the City’s format for WQTR preparation. This includes site description, identification of receiving waters, hydrologic unit, and pollutants and conditions of concern. Mitigation measures to protect water quality will be discussed including maintenance practices. The content of WQTR is discussed as following: Description of Proposed Pro-iect A general description will be provided to describe the Project, Project location, topography, and land use. Identify Pollutants and Conditions of Concern Urban runoff from a developed site has the potential to contribute pollutants. For the purposes of identifying pollutants of concern and associated storm water BMPs, pollutants are grouped into nine general categories. They are sediments, nutrients, metals, organics, trash & debris, oxygen-demanding substances, oil and grease, bacteria and viruses, and pesticides. This section will contain four subsections: 1. Identify Pollutants from the Project Area. Pollutants that are anticipated to be generated from the proposed Project categories will be identified. Pollutants associated with any hazardous material sites that have been remediated or are not threatened by the proposed Project are not considered a pollutant of concern. 2. Identify Pollutants of Concern in Receiving Waters. Pollutants generated by the proposed Project that exhibits one or more of the following characteristics are considered pollutants of concern: 3 Current loadings or historical deposits of the pollutant are impairing the beneficial uses of a receiving water; Elevated levels of the pollutant are found in water or sediments of a receiving water and/or have the potential to be toxic to or bioaccumulate in organisms therein; and 0 Inputs of the pollutant are at a level high enough to be considered potentially toxic. To identify primary pollutants of concern in receiving waters, the following items shall be discussed: a. Identify the receiving water(s) that each discharge point proposes to discharge to, including hydrologic unit basin number(s), as identified in the most recent version of the Water Quality Control Plan for the San Diego Basin, prepared by the San Diego Regional Water Quality Control Board. b. Identify any receiving waters, into which the developed area would discharge to, listed on the most recent list of Clean Water Act Section 303(d) impaired water bodies. List any and all pollutants for which the receiving waters are impaired. c. Compare the list of pollutants for which the receiving waters are impaired with the pollutants anticipated to be generated. 3. Identify Conditions of Concern. Common impacts to the hydrologic regime resulting from development typically include increased runoff volume and velocity; reduced infiltration; increased flow frequency, duration, and peaks; faster time to reach peak flow; and water quality degradation. These changes have the potential to permanently impact downstream ocean and habitat integrity. Because of these potential impacts, the following steps will be followed: 1. Evaluate the Project’s conditions of concern in drainage study report. The information regarding watershed, soil and vegetation conditions, percent impervious area, natural and infrastructure drainage features will be referenced to this WQTR. 2. The downstream conditions for each of the drainage crossing, including undercutting erosion, slope stability, vegetative stress and the area’s susceptibility to erosion or habitat alteration as a result of an altered flow regime, will be identified in a field reconnaissance and summarized in the WQTR. 3. Reference rainfall runoff characteristics from the Project area including peak flow rate, flow velocity, runoff volume, time of concentration, and retention volume for 2- year, IO-year and 100-year storm frequency. 4. Avoiding potential impacts. Check the Project alignments to see if it is qualified to reduce or eliminate the need for permanent treatment controls and other mitigation- type BMPs. 4 Establish Storm Water BMPs All priority projects shall consider, incorporate and implement storm water BMPs into the project design, in the following progression: 0 Site Design BMPs 0 Source Control BMPs 0 Treatment Control BMPs At a minimum, priority projects must implement source control BMPs, and must implement treatment control BMPs unless a waiver is granted based on the infeasibility of all treatment control BMPs. BMPs must also achieve certain performance standards set out in the municipal permit section F.2.(b) (i to xiv). Maintenance for Treatment BMPs SUSMP does not consider Treatment Control BMPs effective unless a mechanism is in place that will ensure ongoing long-term maintenance of structural BMPs and should be considered during the planning phase. The Maintenance Plan should describe necessary steps that must be followed to properly maintain BMPs to ensure long-term effectiveness. At a minimum, the plan should identify designated responsible parties to manage the storm water BMPs, discuss employee training programs and duties, operating schedules, frequency of maintenance, routine service schedules, specific maintenance activities, funding, and other necessary activities. Exhibits of BMPs locations Dudek will provide exhibits of post -construction BMPs 5 SCOPE OF SERVICES - SWPPP 1. Data ColZection and Review - Information to be collected and reviewed includes contractor activities, disturbed areas and erosion potential, and site history. 2. Site Visit - One additional site visit (see item 2, Site Visit above) will occur after final design to assess the construction site, field review planned Construction activities and identify possible BMP locations. 3. Notice of Intent - Dudek will prepare a Notice of Intent (NOI) to be filed with the State Water Resources Control Board (S WRCB). 4. SWPPP Preparation - The SWPPP document will be prepared to reflect the specific needs, procedures, processes, practices and pollution prevention plans of the project site. There are two major objectives of the SWPPP. The first objective is to help identify the potential sources of sediment and other pollutants that affect the quality of storm water discharge. The second objective is to describe and guide the implementation of control practices to reduce sediment and other pollutants in storm water discharge. Both these objectives are applicable both during construction and after construction is complete. Components of the SWPPP will include: Introduction and Project Description > Provide the project’s legal description. Describe proximity to receiving waters to which the project will discharge, including surface waters, drainage channels, and drainage systems. 9 Provide a brief description of any unique site features and significant or high-risk construction activities that may impact storm water quality. 9 Provide an estimate of the following site features: construction area, drainage patterns, slopes after major grading, runoff coefficient before and after construction, percentage impervious area before and after construction and anticipated storm water run-on to the construction site. > Provide project schedule/water pollution control schedule. This will include all phases of construction from the clearing phase through grading and final construction. BMPs will be identified for each phase. 9 Provide contact informatiodlist of responsible parties. References 9 Identify and prepare a list of the documents referenced in the SWPPP. Project Plans & Specifications, reports, design, and storm water management related documents used to prepare the SWPPP must also be included in the references. 6 Body of SWPPP 9 > 9 > > 9 > Provide SWPPP objectives, vicinity map, site map and Water Pollution Control Drawings (WPCDs) that illustrate location and types of BMP and erosion control devices to be implemented. Provide pollutant source identification and BMP selection, which include inventory of materials and activities that may pollute storm water, pre-construction control measures, nature of fill material and existing data describing the soil, erosion control, sediment control, tracking control, wind erosion control, non-storm water control, waste management and materials pollution control, and cost breakdown for water pollution control. Site specific drainage analysis. Describe construction BMP maintenance, inspection, and repair. Describe post-construction storm water management, which including post-construction control practices, and operatiodmaintenance after project completion. Describe training requirement, list of subcontractors, and other plans/permits. Provide copy of the NO1 and WID#. EXCLUSIONS The following items are not included in the scope of services - SWPPP: 1. The Client will pay all application and related fees of the approving agencies. 2. Contractor will be responsible for filing a Notice of Termination upon project completion. 3. Contractor will be responsible for Monitoring and Reporting 4. Contractor will be responsible for SWPPP amendments as work progresses. 5. Revisions of the SWPPP necessitated by Client changes to the design criteria will be negotiated separately. 7 SCOPE OF SERVICES - DRAINAGE REPORT The drainage analysis results from the Water Quality Technical Report will be used to determine the drainage devices necessary for proper conveyance of surface water runoff to natural drainage features present along the proposed alignment. Culverts designed into the project to collect and channel drainage from areas upstream of the road will be properly sized to convey storm water volumes. 1. Hydraulic AnuZysis - A hydraulic analysis will be done on each drainage device to determine capacities and hydraulic grade lines (HGL’s) e.g. water surface elevations. References Reference materials to be utilized during this study include, but are not limited to, the following: 0 Municipal Permit (Order 2001-01) 0 City of Carlsbad Public Works Department SUSMP, Storm Water Standards California Storm water Quality Association Storm water Best Management Practices Handbook for New Development and Redevelopment California Storm water Quality Association Storm water Best Management Practices Handbook for Construction San Diego County Hydrology Manual (August 2003 edition) San Diego Area Regional Standard Drawings 8 I Senior I Assoc. I Total I Total Task No. ]Project Tasks Wafer Quality Technical Report 1 .o Kick-Off Meeting 1 2.0 Site Visit 3 4.0 Drainage Analysis 2 5.0 WQTR Preparation 8 3.0 Data Collection and Review Subtotals 13 Stonn Water Pollution Prevention Plan 1 .o Data Collection and Review 1 2.0 Site Visit 3 3.0 Notice of Intent 4.0 SWPPP Preparation 6 Subtotals 10 Drainage Reporl 3 6 24 30 63 3 3 1 26 33 1.0 Hydaulic Analysis 6 12 Subtotals 6 12 costs HDYrr I 1 130 6 735 6 690 26 3,020 38 4,490 76 $8,935 4 475 6 735 1 115 32 3,770 43 $5,095 18 2,160 18 $2.160 Page 1 of 1 1/28/2004, SWMP fee.xls 02/04/2004 16:47 7609438236 SANDIEGUITO ENG PAGE 02/02 - SAN DIEGUrrO ENGINEERING, INC- ENGINEERS . ~IANNF~S SIIRVFVORS February 4,2004 Ed Matthews Dudek & Associates, Inc. 605 Thud Street Encinitas, Ca 92024 EXHIBIT "D" I SDE: Bd0040 127 RE: Tusk 3.1 -Easement Acquisition for Access Road relate to Apa Hedionda. in the City of Curlsbad, Ca Ed, San Dieguito Engineering, Inc. is pleascd to submit this proposal for $ 18,380.00. Sari Dicguito Engineering, Inc. (SDE) will prepare Icgal descriptions and plats for 16 separate parcels as defined in your "Scope of Sewiccs" for Task 3.1 dated November 20,2002 and received by my office February 2,2004. SDE will also prepare legal descriptions and plat for 3 additional parcels (Apn: 206-120-18, 19 & 206-120-38) as rcquested for $ 3,450.00. Plcase feel free to call. if you have any questions. Sincerely: SanDic i ngineerin aG Anbw G. ddydes, PLd (760) 753-5525 FAX (760) 943-8236 447 Mnnchcxrcr Avcnue Suitc I05 Enchitas, Cnlikmrir 9211)24 EXHIBIT ‘E” Isz ASSOCIATE SI November 20,2002 Edward Matthews Engineer Dudek & Associates Encinitas, Ca. Re: Task 3.1 - Easement Acquisitions for Access Road, and Task 3.2 - Mitigation Site related to Agua Hedionda in the City of Carlsbad, Califontia Dear Ed: The Surveying and Mapping Division (“Consultant”) would like to thank you for the opportunity to provide professional services to The City of Carlsbad (“Client”). The project consists of two tasks known as Task 3.1 and Task 3.2. Task 3.1 shall be preparation of legal descriptions and plats for an access road that will follow the existing sewer alignment across sixteen separate parcels located adjacent to the Northeasterly shore of Agua Hedionda Lagoon. Task 3.2 shall be preparation of a legal description and plat for the mitigation site adjacent to the Southerly shore of said Lagoon as shown on a map for “North Agua Hedionda Interceptor Sewer Maintenance Access RoacWotential Wetlands Mitigation Sites”, dated 1/19/00, provided by Edward Matthews. The mitigation site shown on said map is delineated as “Potential Wetland Mitigation Site 1.7 AC.” The following Scope of Services, which is based upon conversations with you, forms the basis of our proposal: SCOPE OF SERVICES TASK 3.1 - ACCESS ROAD LEGAL DESCRIPTIONS AND PLATS Project Management Due to the size, requirements and scheduling of this project, our Division Manager will closely supervise and manage all surveying and mapping portions of this project. His responsibilities shall be quality assurance, quality control, and review of office calculations, fieldwork and final mapping. Our Division Manager will review the project with our Surveying and Mapping team to establish the most cost effective procedure that will deliver the highest quality product. These procedures will be reviewed at the kick-off meeting with the surveying and mapping team members. Boundary Lines of Existing Parcels This Task will consist of 16 parcels currently identified as Assessor’s Parcel Numbers 206-171-03,206-172-03,04, 05,06 & 07,206-200-01 through 07 inclusive, 12 & 13, and 207-150-87. Each of these parcel’s vesting deeds shall need to be reviewed, and some calculated, in order to produce record boundary lines. Record map research shall need to be done at the County of San Diego. Record maps in the project area shall be obtained and used for establishment of the record boundary lines. Record boundary line calculations shall be based on utilizing vesting deeds and record maps obtained through research at the County of San Diego. For the purposes of this proposal we have assumed that each vesting deed will contain one senior call deed. Each senior call deed shall need to be reviewed, and some calculated in order to produce record boundary lines. After Dudek & Associates reviews record documents and determines the true number of senior calls deeds, an accurate cost for deed calculations will be established. Survey CityCarlsbad-AguaHedionda-EdMatthews3 .doc Page 1 of4 Prepare Legal Description and Plat The alignment for the proposed access easement and temporary construction easement will be based on the existing sewer easement alignment. The Client will provide legible copies of the existing sewer easement documents. This proposal is based on the assumption that the existing sewer easement description is per one record deed. This data will be used for legal description and plat preparation. The proposed permanent easement will be 30.00 feet wide with a temporary construction easement outside and adjacent to the proposed sewer easement, and the easements’ centerlines shall be contiguous. Total width of both easements will not exceed 50.00 feet. We estimate one new easement document will need to be prepared over each Assessor’s Parcel Number noted above. Consultant will provide one wet stamped legal description and plat for each new easement noted herein. This proposal does not include metes and bounds descriptions. In an effort to reduce costs Dudek & Associates will only depict the area where the proposed easements affect the properties on the plats. Recommendations The following recommendations are based on our review of this project. Client should obtain current preliminary title reports to assist in identifying potential conflicts with existing easement right-of-ways, and deeds of trusts that will require subordination to secure Clients easement acquisition. The proposed easement should be acquired as an “Exclusive Easement”. Client should retain the services of an escrow company for acquiring easement associated with the project. After existing easement crossings are identified, if any, Client should enter into Joint Use Agreements with those entities that own said easements. Joint Use Agreements can ensure that the Client obtains necessary rights for their structures. Costs for the recommendations noted herein are not included in this proposal. Optional Preliminary Title Report Review If the Client chooses to obtain preliminary title reports Consultant would be happy to provide costs to review the reports, identify, and calculate existing easements. Preliminary title report costs are not included in this proposal. Dudek & Associates is not responsible for researching or determining senior rights of existing easements. TASK 3.2 - MITIGATION SITE LEGAL DESCRIPTION AND PLAT Project Management Due to the size, requirements and scheduling of this project, our Division Manager will closely supervise and manage all surveying and mapping portions of this project. His responsibilities shall be quality assurance, quality control, and review of office calculations, fieldwork and final mapping. Our Division Manager will review the project with our Surveying and Mapping team to establish the most cost effective procedure that will deliver the highest quality product. These procedures will be reviewed at the kick-off meeting with the surveying and mapping team members. Boundary Lines of Existing Parcel This Task will consist of one parcel currently identified as Assessor’s Parcel Numbers 21 1-010-26. This parcel’s vesting deed shall need to be reviewed, and calculated, in order to produce record boundary lines. Record map research shall need to be done at the County of San Diego. Record maps in the project area shall be obtained and used for establishment of the record boundary lines. Record boundary line calculations shall be based on utilizing the vesting deed and record maps obtained through research at the County of San Diego. For the purposes of this proposal we have assumed that the vesting deed will contain one senior call deed. Each senior call deed shall need to be reviewed, and calculated, in order to produce record boundary lines. After Dudek & Associates reviews record documents and determines the true number of senior calls deeds, an accurate cost for deed calculations will be established. Prepare Legal Description and Plat The Mitigation Site limits will be tied to record property lines common to Assessor’s Parcel Number 21 1-010-26 and will be provided by the Client in an AutoCAD 2000 drawing file format (Le. “. Dwg” file). This data will be used for legal description and plat preparation. The proposed legal description will be based on the line work provided by the Client. This proposal is based on the assumption that only one mitigation site requires a legal description and plat. Consultant will provide one wet stamped legal description and plat for the mitigation site noted herein. In an effort to reduce costs Dudek & Associates will only depict the area where the proposed easements affect the properties on the plats. Survey CityCarlsbad-AguaHedionda-EdMatthews3.doc Page 2 of 4 Recommendations The following recommendations are based on our review of this project. Client should obtain current preliminary title reports to assist in identifying potential conflicts with existing easement right-of-ways, and deeds of trusts that will require subordination to secure Clients easement acquisition. The proposed easement should be acquired as an “Exclusive Easement”. Client should retain the services of an escrow company for acquiring easement associated with the project. After existing easement crossings are identified, if any, Client should enter into Joint Use Agreements with those entities that own said easements. Joint Use Agreements can ensure that the Client obtains necessary rights for their structures. Costs for the recommendations noted herein are not included in this proposal. Optional Preliminary Title Report Review If the Client chooses to obtain preliminary title reports Consultant would be happy to provide costs to review the reports, identify, and calculate existing easements. Preliminary title report costs are not included in this proposal. Dudek & Associates is not responsible for researching or determining senior rights of existing easements. UNDERSTANDINGS AND ASSUMPTIONS 1. This proposal is based on information supplied by Edward Matthews. 2. The client will pay all agency and title fees and/or deposits. 3. It is understood that the prices quoted on this proposal will be honored for 6 months after the date shown on the proposal. After the 6-month period has passed we reserve the right to revise the hourly rates for cost increases. 4. Client assumes liability for, and shall be responsible for, all information furnished by its other consultant or their subconsultants to Consultant during the course of the project. Client shall indemnify and hold harmless Consultant fkom any and against all loss or expense, including costs and attorneys’ fees, fi-om any and all damages arising directly or indirectly fkom Consultant’s’ reliance on such data. 5. All costs are based upon a portal-to-portal hourly rate charges. 6. This is a prevailing wage project. DELIVERABLES 1. One legal description and plat for access easements and temporary easements, and the mitigation site as noted herein. FEES The Scope of Services described herein shall be performed on the basis of Time and Materials not to Exceed without written consent fi-om the Client. The following is a list of costs for the Surveying and Mapping portion of the project based upon the rate schedule shown below: TASK 3.1 - ACCESS ROAD LEGAL DESCRIPTIONS AND PLATS Project Management & Quality Control Fee: $ 2,830.00 Boundary Lines of Existing Parcel Fee: $ 5,400.00 Prepare Legal Description and Plat Fee: $ 8,550.00 Reimbursable Fee: $ 500.00 TOTAL Fee: $17,280.00 TASK 3.2 - MITIGATION SITE LEGAL DESCRIPTION AND PLAT Project Management & Quality Control Fee: $ 550.00 Boundary Lines of Existing Parcel Fee: $ 1,170.00 Prepare Legal Description and Plat Fee: $ 1,800.00 Reimbursable Fee: $ 250.00 TOTAL Fee: $ 3,770.00 Survey CityCarlsbad-AguaHedionda-EdMatthews3.doc Page 3 of 4 151: 0 152: 0 153: 154: 0 155: 160: 162: 157: 171: 172: 158: Billing Rates and Staff Types (Prevailing Wage) Survey and Mapping Division 2002 - I-Person Survey Crew 2-Person Survey Crew 3-Person Survey Crew Surveying ManagerlLicensed Surveyor Survey Analyst Division ManagerlLicensed Surveyor Mapping & Legal Project Manager Assistant Survey Analyst Mapping 8, Legal Technician Survey Technician Survey Crews Travel Time $1 25.00 $170.00 $210.00 $1 15.00 $ 90.00 $1 25.00 $ 90.00 $ 85.00 $ 70.00 $ 60.00 $ 70.00 Reimbursable costs (printing, mileage and delivery charges, for example) shall be invoiced additionally at cost plus 15%. Fees for services performed by Consultant in addition to the tasks specifically defined above, shall be negotiated on the basis of the Schedule of Fees shown above. Prior to Consultant performing such extra work. The Client will agree to such extra work and additional fees in writing. Consultant shall invoice the Client monthly for services rendered based on the schedule of fees shown above. Very Truly Yours, Dudek & Associates, Inc. Ernie Vasquez Mapping & Legal Project Manager Survey CityCarlsbad-AguaHedionda-EdMatthews3.doc ~~~ Page 4 of 4 DUDEK & ASSOCIATES. INC . ~ 2003-S+AN~~RD-~€HED~t~OF-eHARGES~- - Engineering Services Principal Engineer ....................................... $140.00/hr Project Manager ................... ............... $130.OO/hr Senior Engineer .......................................... $125.00/hr Associate Engineer ..................................... $115.00/hr Assistant Engineer .................................. Project Engineer II .................................. Project Engineer I ......................................... $85.00/hr Resident Engineer ........................................ $95.00/hr Field Engineer ............................................... $85.00/hr Engineering Inspector II ................................ $80.00/hr Engineering Inspector I ................................. $70.00/hr Engineering Assistant ................................... $60.00/hr Planning Planning Project Manager ........................... $120.00/hr Senior Planner ................... .................... $100.00/hr Project Planner .................. ...................... $90.00/hr Research Planner ......................... Assistant Planner .......................................... $65.00/hr Planning Technician ...................................... $60.00/hr Planning Drafter ............................................ $55.00/hr Surveying Division ManagerlLicensed Surveyor .......... $1 25.00/hr Mapping & Legal Project Manager ................ $95.00/hr Field SurveyorlSurvey Analyst ...................... $90.00/hr Assistant Survey Analyst ............................... $85.00/hr Mapping & Legal Technician ......................... $75.00/hr Survey Technician ........................................ $65.00/hr 1- Person Survey Crew ............................... $125.00/hr 2- Person Survey Crew ............................... $155.00/hr 3- Person Survey Crew ............................... $195.00/hr Hydrogeological Services Principal ...................................................... $170.00/hr Associate HydrogeologisUEngineer ............ $1 15.00/hr Hydrogeologist IV/Engineer IV ...................... $95.00/hr Hydrogeologist IIVEngineer 111 ....................... $85.00/hr Hydrogeologist IllEngineer II ......................... $75.00/hr Hydrogeologist I/Engineer I ........................... $65.00/hr Technician ..................................................... $55.00/hr Environmental Services Principal ...................................................... $1 50.00/hr Senior Project manager/Specialist .............. $140.00/hr Environmental SpecialistlPlanner V ............ $1 25.00lhr Environmental SpecialistlPlanner IV ........... $1 15.00/hr Environmental SpecialistlPlanner Ill ........... $1 05.00/hr Environmental SpecialistlPlanner II .............. $85.00/hr Environmental SpecialistlPlanner I ............... $80.00/hr Analyst .......................................................... $70.00/hr Research Analyst .......................................... $60.00/hr Sr . HydrogeologistlSr . Project Manager ...... $1 30.00/hr Environmental Specialist/ Planner VI ........... $1 30.001hr Construction Management Services PrincipaVManager ....................................... $1 35.00/hr Construction Manager ................................. $1 25.00/hr Senior Project Manager .............................. $115.00/hr Project Manager .......................................... $105.00/hr Construction Engineer ................................... $95.00/hr Rof... i-l IhwMk cnypPm/ect. Construction Inspector Ill .............................. $85.00/hr Construction Inspector II ............................... $80.00/hr Construction Inspector I ................................ $75.00/hr District Management & Operations District General Manager ............................ $145.00/hr District Engineer .......................................... $1 10.00/hr District Manager II ....................................... $120.00/hr District Manager 1 ........................................ $10 O.OO/hr District Manager Assistant ............................ $70.00/hr District Secretary/Account ............................ $70.00/hr Grade V Operator ......................................... $90.00/hr Grade IV Operator ........................................ $80.00/hr Grade 111 Operator ......................................... $65.00/hr Grade II Operator .......................................... $55.00/hr Grade I Operator ........................................... $52.00/hr Operator in Training ...................................... $40.00/hr Laborer .......................................................... $34.00/hr Urban and Community Forestry PrincipaVSenior Consulting Arborist ............ $1 50.00/hr Senior Project Manager V ........................... $13 5.00/hr Senior Project Manager IV .......................... $120.00/hr Senior Project Manager 111 .......................... $1 05.00/hr Project Manager II ......................................... $90.00/hr Project Manager I .......................................... $75.00/hr Certified/Consulting Arborist ............... .$W-$15 0.00/hr Certified Forester ........................................ $120.00/hr Global Position System Technician ............... $75.00/hr Data Collection Specialist ............................. $60.00/hr Research Assistant ....................................... $50.00/hr GIS Equipment Charge .............................. $50.00/day Resistograph .............................................. $30.00/day Office Services Technical/DraRing/CADD Services 3D Graphic Artist ......................................... $125.00/hr Senior Designer ............................................ $95.00/hr GIS Specialist II ............................................ $90.00/hr GIS Technician ............................................. $90.00/hr GIS Specialist I ............................................. $80.00/hr CADD/ Designer .......................................... $85.00/hr CADD Drafter ............................................... $75.00/hr CADD Operator I ........................................... $65.00/hr Assistant Designer Drafter ............................ $65.00/hr Support Services Computer Processing .................................... $65.00/hr Clerical Administration .................................. $60.00/hr Forensic Engineering . Court appearances and depositions as expert witness will be billed at 1.5 times normal rates . Emergency and Holidays . Minimum charge of two hours will be billed at 1.5 times the normal rate . Material and Outside Services - Subcontractors. rental of special equipment. special reproductions and blueprinting. outside data processing and computer services. etc., are charged at 1.15 times the direct cost . Travel Expenses - Mileage at 36.5 cents per mile . Per diem where overnight stay is involved is charged at cost Effective January 1. 2003 I-. TM. CERTIFICATE OF LIABILITY INSURANCE POULSBO WA 98370 I PHONE: (360) 598-3700 DATE (MWDD/YY) FEB 26 04 I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I I I PRODUCER MICHAEL J. HALL a COMPANY NE INSURANCE SERVICES 19578 1OTH AVENUE N.E. THIS CERTIFICATE IS ISSUED AS A MATER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Agency Lid 0792445 FAX: (360) 598-3703 INSURED DUDEK 8 ASSOCIATES, INC. 605 3RD STREET ENClNlTAS CA 92024 , H INSURERS AFFORDING COVERAGE I NAlC # INSURER 6: ST. PAUL MERCURY INS. CO. A INSURER c: FIDELITY 81 GUARANTY INS. UNDR. A XV INSURER D: FIDELITY GUARANTY INSURANCE CO. 4 v rh n -- INSURER A: GREENWICH INSURANCE fq+ xv, I. PA -- 4. INSURER E: INSF LTR C TYPE OF INSURANCE GENEWL LIABILITY - x COMMERCIAL GENERAL LIABILITY I CLAIMS MADE OCCUR I GENL AGGREGATE LIMIT APPLIES PER POUCI EXPIRATION LIMITS DATE IMYIDDNW JUN 1 04 EACHOCCURRENCE (S 1,000,000 MI 300,000 s WGE TO RENTED POUCY NUMBER BKOI 488967 1,005,000 1,000,000 PRODUCTS-COMP/OP AGG. 1,000,000 GENERAL AGGREGATE POLICY EFFECTlVE DATE INWUDPM JUN 1 03 1,000,000 I BA01506564 BODILY INJURY (Per person) s I I I I I I I I I I BODILY INJURY (Peraccidenl) I I .. . WA8005811 PEC000528302 PROPERTY DAMAGE s AUTO ONLY - EA ACCIDENT 1 s OTHER THAN EAACC 1s AUTO ONLY: [H OCccRRmcE AGG ii AGGREGATE S I IOMER .' JUNl03 JUN 1 04 lz:&& s 1,000,000 1,000,000 .- ._ E.L. EACH ACCIDENT GOISEASE-EA EMPLOYEE 'S 1,000,000 E.L. DISEASE-POLICY LfMlT 5 AUG 28 03 AUG 28 04 $1,000,000 PER CLAIM I$l,OOO,OOO AGGREGATE I I I I I DESCRIPTION OF OPERATlONSlLOCATlONNEHlCLESlEXCLUSlONS ADDED ENDORSEMENTI SPECIAL PROVISIONS PROJECT: ALL OPERATIONS. CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD ARE ADDITIONAL INSUREDS ON THE COMMERCIAL GENERAL LIABILITY AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LEmER: - CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRlmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CARLSBAO MUNICIPAL WATER DISTRICT ATTN: ROBERT GREANEY, DEPUTY PUBLIC WORKS DIRECTOR 5950 EL CAMINO REAL CARLSBAD, CA 92008 & 0z 7@ AUTHORIZED REPRESENTATIVE Attention: ACORD 25 (2001l08) Certificate # 23422 ASHLEY L. HURD 0 A I ANY PROPR16T9RfPAPTWWEXCCU~JE OFFICERIW*MOER EXCLUDED? I1 yws. ds..stlb. undu SPECIAL PROVlSlONS blow OTHER: PROFESSIONAL LIABILITY POLLUTION LIABILITY CLAIMS MADE POLICY POLICY NUMBER: BK01488967 COMMERCIAL GENERAL LlABlLlN THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD (If no entry appears above. information required to complete this endorsement will ,e shown ,,I the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you CG 20 10 I1 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 23422 . .. "* -JAN, 6. 2004- 9:39AM '1 NO. 8634-P. 4D,& . SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #18995 wn03 DESCRIPTION OF OPERAllONSILOCATIONSHlCLES/SPECIAL ITEMS PROJECT: ALL PROFES9fONAl SIRVlCES AS WNlRAClEO. CrrYOFCARLBOAD,WATESMWRICT,113OPPICIALB,~PLOYee¶ANCIVOUI~AWEAW)mO)(AL~UFteDSONTWI! COMMERCIAL QENERu LIABnrrY WWY A8 RESPECT8 UABIWYAltWMG OW OF AcTMnes BY, OR ON BEHALF OF lH6 NAMED INSURED. THIS MSURANCE I6 PWYIRY INSURANCE AND ANY Owe4 INSURANCE MAINTWD BY THM "AL WRCDS SHAU BE EXCESS ONLY AND NON CONTRlBUnNO WITH THIS INSURANCE. A WAWER OF SUBROGATION APPLIES TOTHE QENERAL LIABILITY, AUTO LlABuIpI, WORKCRS ~CiNUWON AND UMBREW EXCESS LlABlUlY POLICIES IN FAVOR OF THE ADDfl'lONAL INSURED.