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2010-02-16; City Council; 20116; Amendments for Encinas Creek Bridge Project
CITY OF CARLSBAD - AGENDA BILL AB#20.116 MTG. 02/16/2010 DEPT. PEM APPROVE AMENDMENTS TO DESIGN AND ENVIRONMENTAL AGREEMENTS FOR THE CONSTRUCTION PHASE OF THE ENCINAS CREEK BRIDGE PROJECT, CITY PROJECT NO. 3919 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2010-022 approving amendments to existing agreements for construction phase design engineering and environmental services for the Encinas Creek Bridge Project, City Project No. 3919. ITEM EXPLANATION: On December 5, 2008, the City Council approved professional service agreements with Nolte Associates, Incorporated and EDAW, Incorporated, dba EDAW/AECOM, Incorporated for the design and environmental processing of the Encinas Creek Bridge Project. The City Council awarded the construction contract on December 22, 2009, and the project will begin in-field construction activities very soon. Attached are amendments to the design (Nolte) and environmental services (EDAW/AECOM) agreements for required construction phase support. The design engineers will complete a pre and post construction survey of the revetment as required by the City's permit with the California Coastal Commission, provide design engineering review of all contractor submittals, consult with the design phase geotechnical engineer, and provide customary construction phase engineering support to the City's construction management and inspection personnel. The environmental services consultants (EDAW/AECOM) will provide required archeological, biological, and Native American resource monitoring during the demolition of the existing bridge, ongoing biological monitoring of the adjacent habitat during construction, review of the contractor's submittals for mitigation planting, and provide customary construction phase environmental services support to the City team. The project contractor is required to provide 3 months of customary plant establishment and maintenance of the onsite mitigation under the terms of the City's construction contract. The environmental consultants will provide the remaining 21 months of the required 24 total months of maintenance, monitoring, and reporting as required by City's Resource Agency permits. It is recommended the two attached agreement amendments be approved to provide the necessary construction phase services. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Encinas Creek Bridge Project (CDP 09-08/SUP 09-03/HMP 09-06). The Notice of Intent (NOI) to adopt a MND was published in the newspaper June 26, 2009, and sent to the State Clearinghouse for a 30-day public review (June 26, 2009 - July 21, 2009). No further environmental review is required. The MND was approved by the Planning Commission on August 19, 2009, in compliance with the California Environmental Quality Act (CEQA) Guidelines, Section 15074. Department contact: John Cahill, 760-602-2726, John.Cahill@carlsbadca.gov COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED CITY CLERKS USE ONLY JB CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D aaaa Page 2 FISCAL IMPACT: The City Council has appropriated a total of $2,636,215 consisting of South Coastal RDA funds and Planned Local Drainage Area funds for this project. A summary of the available funding for construction is shown in Table 1 as follows: TABLE 1 - REMAINING PROJECT APPROPRIATIONS TASK DESCRIPTION Construction Construction Contingency (20%) Inspection (10%) Specialized Testing Construction Engineering Environmental Monitoring SUBTOTAL ESTIMATED COSTS AVAILABLE APPROPRIATIONS ESTIMATED COST $1,340,468 $268,093 $134,046 $50,000 $117,362 $140,834 $2,050,803 $2,060,919* "Funding Sources: Planned Local Drainage Area Fund and South Carlsbad Redevelopment Area Fund Table 2 below shows the current status of the project. TABLE 2 - ENCINAS CREEK BRIDGE - PROJECT NO. 3919 TASK DESCRIPTION Design Construction, Inspection, Materials Testing Studies and Reports TOTAL APPROPRIATED TO DATE $468,346 $2,060,919 $106,950 $2,636,215 EXPENDITURES/ ENCUMBRANCES TO DATE $468,346 $0 $106,950 $575,296 REMAINING BALANCES $ 0 $2,060,919 $ 0 $2,060,919 The total cost of the Nolte amendment for construction phase engineering is $117,362. The total cost of the EDAW/AECOM amendment for construction phase environmental services is $140,834. Adequate funds exist in the project account to enable award of the contract amendments without requiring additional appropriations at this time. EXHIBITS: 1. Resolution No. 2010-022 approving amendments to existing agreements for construction phase design engineering and environmental services for the Encinas Creek Bridge Project, City Project No. 3919. 2. Amendment No. 1 with Nolte Associates, Incorporated. 3. Amendment No. 1 with EDAW, Incorporated. 1 2 3 4 n PROJECT NO. 3919. 5" 6 7 8 9 10 11 12 13 RESOLUTION NO. 2010-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO EXISTING AGREEMENTS FOR CONSTRUCTION PHASE DESIGN ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE ENCINAS CREEK BRIDGE PROJECT, CITY WHEREAS, on December 5, 2008, the City Council of the City of Carlsbad, California, hereafter the "City," approved agreements for design engineering and environmental services with Nolte Associates, Incorporated and EDAW, Incorporated, dba EDAW/AECOM, Incorporated, hereafter the "Consultants," for the Encinas Creek Bridge Project, hereafter the "Project;" and WHEREAS, the City has awarded a construction contract for the Project and requires construction phase design engineering and environmental services support; and WHEREAS, a scope of work, schedule, and fee proposal have been prepared by both of the respective Consultants for the Project. 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: ifi 1. That the above recitations are true and correct. 17 2. That an amendment to an existing agreement with Nolte Associates, 18 Incorporated is hereby approved and the Mayor is authorized to execute said amendment. 19 Following execution of the amendment, the City Clerk is directed to forward copies of the signed 20 amendment and this Resolution to Nolte Associates, Incorporated, attention Mr. Jack Abcarius, 21 15070 Avenue of Sciences, Suite 100, San Diego, California 92128. 22 3. That an amendment to an existing agreement with EDAW, Incorporated, dba 23 EDAW/AECOM, Incorporated is hereby approved and the Mayor is authorized to execute said 24 amendment. Following execution of the amendment, the City Clerk is directed to forward copies of 25 the signed amendment and this Resolution to EDAW/AECOM, Incorporated, attention Ms. 26 Michelle Fehrensen, 1420 Kettner Boulevard, Suite 500, San Diego, California 92101. 27 " 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of February, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None ATTEST: LORRAINE foUA/OCD, Gift Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) PWENG644 AMENDMENT NO. 1 TO AGREEMENT FOR CONSTRUCTION PHASE ENGINEERING SERVICES (NOLTE ASSOCIATES, INCORPORATED) Amendment No. 1 is entered into and effective as of the //** day of 2010, amending the agreement dated December 5, 2008 (the "Agreement"SC% and between the City of Carlsbad, a municipal corporation, ("City"), and Nolte Associates, Incorporated, a California corporation ("Contractor") (collectively, the "Parties") for construction phase engineering services for the reconstruction of the Encinas Creek Bridge, City of Carlsbad Project Number 3919, hereafter the "Project." RECITALS A. The Parties desire to alter the Agreement's scope of work to include construction phase engineering services; and B. 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 and Fee. 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". 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 seventeen thousand three hundred sixty two dollars ($117,362). 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 December 5, 2011 or as may be extended by written agreement between the Parties. 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. City Attorney Approved Version #05.22.01 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 NOLTE AND ASSOCIATES, a California corp/ (sign here) / /\ (print name/title) (e-mail address) J Lieb V ' f f (printTiame/title) g>/fa/4 (e-rflairaddress) CITY OF^CAfSLSBAD, a municipal corporamc By: "Cily 'MftlVfigiifror'Maybr ATTEST: liQRRAI City Clerk 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 By:. TJeputy City Attorney City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On fffel/O I [fete personally appeared before me, \\PjM\WHere Insert Name and Title of the Officer Jr. 0/Vl Name(s) of Signer(s \JULJPW(_) HEATHER HARRIS f Commis»ion* 1810543 f Notary Public - California I Sacramento County * jjy_Comm. EiqMftt AIM 22.2012m who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature.Signature ot Notary Public OPTIONAL 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 reatiachment of this form to another document. Description of Attached Document Title or Type of Document:, C-Document Date: 62 - g^ci2Q/D __ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I I Individual ^Corporate Officer — Ti D Partner — G Limited _i General n Attorney in Fact Trustee Q Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name:_ D Individual EfCorporate Officer — Title(s): D Partner — D Limited LJ General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• vwvw.NationalNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827 Las Encinas Creek Bridge Fee Proposal ,_._._.._. CADD Associate Engineering 2-PersonLas Encinas Creek Bridge Replacement Techl Enfjineer Mgngger Survey QDC CONSTRUCTION SERVICES SCOPE/TASKS $105 I $165 $ Meetina Attendance Pre-Construction Meeting : Meeting to Discuss Requirements of PCQCP Site Meetings (Total 8) SUBTOTAL 0 0 Submittal Reviews L Review & Approve the PCQCP Review & Approve Change Orders (Max. of 4) Review PC Concrete Qualification Audit Form Review QC Inspector's Daily Logs at the Precasting Facility Review Proposed Repair or Process Changes if Precasting Problems or Deficiencies are discovered Review & Approve Shoring Plans & Coordinate w/ EWA ; 36 Review & Approve Concrete Mix Designs ' 24 Review & Approve Contractor's Dewatering & Discharge Plan (DDP) i Submit DDP to RWQCB for Review & Comment ! Review & Approve Plan for Delivery, Placement, Finishing, and Curing of the Colored Concrete Review & Approve Colored Concrete Test Panel (@ Plant?) ! Review & Document All Certificates of Compliance I : Review & Approve Railing Shop Drawings SUBTOTAL 0 60 Miscellaneous items Review & Analyze Problems & Provide Solutions 60 Receive/Review Contractor's Red Lines & Prepare As-Builts 32 Submit Final As-Built Plans to Caltrans & City : 4 SUBTOTAL 36 60 199 | $240 TOTALS 4j 25 $821 _4| __" "~ ''_ '__'_ 25 _$821 32J . 200 $6,568 40 0 $250 $8,210 24j : $4,776 32^ ; $6,368_ 2 __ ' $398 8 ; $1,592 4" ! ; $796 8 "• 7 $7,5.32 " $3,960 4 "_" ' "$796 2 ; $398 2 ' " " $3988 ; 100 $1,692 8, $1,592 4 i I $796 106 0 $100 $31,094 40 ; $17,860 4 ! ""'"";" $4,156 1, : : $619 45 0 $0 $22,635 Project Manaaement & Coordination Miscellaneous Correspondences & Coordination with Agencies, Environmental Consultant, & Contractor Close-Out Project 8 8 SUBTOTAL 8 8 CCC CONDITIONS OF APPROVAL Long-Term Monitoring Program - 5 Years Max.: Establish a 2nd Order Horizontal & Vertical Control 6 Survey Proposed Revetment Upon Completion of Placement Survey Revetment on April 1 of every year thereafter for 4 years 24 Note any changes/deviations & potential impacts 24 Provide Recommendations for Modifications to ensure continued Functionality 36 24 Prepare & Submit Report to CCC by April 30 every year As-Built Plans Prepare Certification for Submittal to CCC w/ As-Built Plans per Special Condition 5 of CDP #6-09-051 SUBTOTAL 36 78 PROJECT TOTAL W/OUT CCC CONDITIONS 44 1 28 PROJECT TOTAL W/ IMPLEMENTATION OF CCC CONDITIONS 8f) 2flfi 40 300 : $8,260 16 $5,344 56 0 $300 $13,604 $0 2 16 $5,228 1 6 $1,639 24 $9,720 12 $6,348 12 $10,128 40 $7,960 $0 4 $796 71 46 $0 $41,819 247 0 $650 $75,543 318 46! $650 $117,362 G:\10BDSCLPA\Proposals\City of Carlsbad\Encinas Creek Bridge\Construction Phase ServiceslFee Estimate_10-30-2009.xls tv f PWENG646 AMENDMENT NO. 1 TO AGREEMENT FOR ENVIRONMENTAL MONITORING AND POST CONSTRUCTION HABITAT MAINTENANCE AND REPORTING (EDAW, INCORPORATED dba EDAW/AECOM) ~his Amendment No. 1 is entered into and effective as of the _ day of _ 2010, amending the agreement dated December 5, 2008 (the_ "Agreement") $y and between the City of Carlsbad, a municipal corporation, ("City"), and EDAW, Incorporated, dba EDAW / AECOM, a Delaware corporation ("Contractor") (collectively, the "Parties") for environmental monitoring and post construction habitat maintenance and monitoring for the reconstruction of the Encinas Creek Bridge, City Project Number 3919, hereafter the "Project." RECITALS A. The Parties desire to alter the Agreement's scope of work to include environmental monitoring and post construction habitat maintenance and monitoring for the Project; and B. 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 and Fee dated October 1 3, 2009. 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". 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 forty thousand eight hundred thirty four dollars ($140,834). 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 December 5, 2011 or as may be extended by written agreement between the Parties. 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. City Attorney Approved Version #05.22.01 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 EDAW, INC. dba EDAW/AECOM, a Delaware corporatio^k CITY Q corpo SBAD, a municipal the Statetfof Califocrffa (print name/title) , (P (e-mail adcfress)ATTEST: LORRAIN City Clerk (print name/title) (e-mail address) De- V, x + x .>>'/,, w ,.\s '''IMllH^ 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 By:. Deputy City Attorne City Attorney Approved Version #05.22.01 State of California County of San Diego On re^^ry fr, ^Q\O , before me, Leon Magee, Notary Public, personally appeared , who proved to me on the basis of satisfactory DATE evidence to be the person(s) whose name(s) is/are subscribed to the within instrument. WITNESS my hand and official seal. _ ff^f — L^ — l>^— — NOTARY'S SIGNATURE Leon Magee Notary Public - California San Diego County ^*?& eoZ.T"!? MACir Com 1720314&f r • • u I-,™->IA itiiJSP No'afV Public - California sCommission # 1 7203 1 4 •«» D'»OO County t, Exhibit "A" October 13, 2009 Mr. John Cahill, Municipal Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Encinas Creek Bridge Replacement Project Contract Modification Request for Environmental Compliance Monitoring Dear Mr. Cahill: The replacement of Encinas Creek Bridge is critical, as Caltrans and the City have designated the bridge as "deficient" and in need of replacement. EDAW AECOM appreciates the opportunity to be a part of the City's environmental planning and permitting team for this critical infrastructure project. Per your request, we are submitting a scope of work and cost estimate for environmental compliance activities associated with the Encinas Creek Bridge Replacement Project. This work would be performed under an amended contract (original contract December 5, 2008)Environmental compliance services will include biological and cultural resources field support, as required under the Mitigation Monitoring Reporting Program (MMRP) for the project, tracking of resource agency permit conditions, and revegetation maintenance and monitoring for a period of 2 years. Construction is currently scheduled to begin after January 24, 2010, and will extend for approximately 4 months. Revegetation is anticipated to begin in April 2010 and completed by May 2010. Revegetation activities (e.g., installation phase) will be followed by a 2-year maintenance and monitoring program that will extend from May 2010 to May 2012. ENCINAS CREEK BRIDGE REPLACEMENT PROJECT STATUS EDAW AECOM is currently under contract for environmental permitting during the planning phase of Encinas Creek Bridge Replacement Project. To date, EDAW AECOM has assisted the City of Carlsbad (City) in completing biological resource and cultural resource technical studies for the proposed project, completing a Final Mitigated Negative Declaration and MMRP for the project, securing a Water Quality Certification from the Regional Water Quality Control Board, obtaining a letter to proceed with work from the California Department of Fish and Game, and obtaining a provisional permit from the U.S. Army Corps of Engineers. In addition, EDAW AECOM prepared and submitted a permit application package to the California Coastal Commission (Commission) for the proposed project. EDAW AECOM anticipates that the project will be considered for approval by the Commission in early November, and a Coastal Consistency Determination and final authorization letter from the U.S. Army Corps of Engineers will follow shortly after. Upon receipt of these final permits, the City will initiate construction. Construction is anticipated to begin in late January 2010. The scope of work, as described in detail in Attachment A, will include environmental compliance monitoring services, as required in the project's resource agency Mr. John Cahill City of Carlsbad October 13, 2009 Page 2 permits/approvals and MMRP. Work will be performed on a time-and-materials basis to a not-to- exceed amount of $140,834, per the terms of our existing contract. We look forward to assisting the City in the next phase of this project. If you have any questions, please call me at 619-233-1454. Respectfully, Michelle Fehrensen Project Manager Attachment: A - Cost Estimate Jacqueline Dompe Vice President 07080213.01 Encinas Contract Mod.doc ATTACHMENT A EDAW AECOM ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT MODIFICATION REQUEST FOR ENVIRONMENTAL COMPLIANCE MONITORING October 13, 2009 SCOPE OF WORK EDAW AECOM will provide environmental compliance services to the City of Carlsbad (City) for the Encinas Creek Bridge Replacement Project. These tasks will include the following: • Task 7 - Environmental Compliance Matrix • Task 8 - Biological Resource Monitoring • Task 9 - Cultural Resource Monitoring • Task 10 - Revegetation Maintenance and Monitoring • Task 11 - Additional Compliance Activities/Project Management • Task 12 - Contingency Task 7 - Environmental Compliance Matrix EDAW AECOM will compile and review applicable mitigation measures and permit conditions to develop an approach for environmental compliance. A matrix will be developed, organized by phase of construction (i.e., preconstruction, construction, and/or postconstruction) and the type of environmental compliance activity within that phase (e.g., biological surveys, restoration planning, or construction monitoring). The matrix will also include columns for responsible party, due date, and status. Permit terms and conditions, and mitigation measures will be gathered from the following sources: • California Regional Water Quality Control Board, 401 Water Quality Certification (09C- 046) • U.S. Army Corps of Engineers,Section 404, Nationwide Permit 14 Linear Transportation Projects, general terms and conditions • Carlsbad Planning Commission Resolutions No. 6624 - 6627 • Department of Parks and Recreation Right of Entry Permit, 30 April 2009 • Encinas Creek Bridge Replacement Project - Temporary Impact Revegetation Specifications • Encinas Creek Bridge Replacement Project Mitigation Monitoring and Reporting Program Encinas Creek Bridge Replacement Project Page 1 of 5 EDAW AECOM Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 Deliverables The compliance matrix will be submitted electronically in both PDF and MS Excel format. Task 8 - Biological Resource Monitoring EDAW biologists will provide biological resource monitoring that will include constructor education in the form of a kick-off meeting, monitoring of construction grading activities, and monitoring of riprap installation. EDAW will provide a biological resource monitor to document preconstruction site conditions, determine construction limits, and inspect all construction fencing prior to commencement of construction activities. EDAW AECOM's biological monitor will also monitor grading activities to verify the avoidance of unauthorized impacts. Following bridge replacement activities, EDAW AECOM's biological monitor will monitor riprap installation to confirm riprap placement is limited to areas where riprap already exists. EDAW AECOM will confirm that habitat disturbance is restricted to the limits of disturbance, as shown on engineering plans. EDAW AECOM will monitor vegetation removal activities to guide the contractor in remaining within the authorized limits of work. Training/Kickoff Meeting EDAW will develop and implement environmental compliance training for contractor and subcontractor personnel. Specific topics addressed during the training session will include: • Regulatory overview and permit requirements • Environmental compliance procedures and protocols • Consequences of noncompliance • Emergency response protocols Deliverables Monitoring memoranda will be completed on a weekly basis, or after a specific monitoring activity, to document construction activities and keep the City informed on project progress. Kick-off meeting/environmental compliance training materials will be submitted for the City's review. An attendance sheet will also be submitted. Assumptions • 1 Preconstruction survey • 1 Project kick-off meeting/contractor training • Up to 40 hours of biological resource monitoring during construction grading/vegetation removal • Up to 16 hours of riprap inspection and monitoring Task 9 - Cultural Resource Monitoring An EDAW AECOM archaeologist and a Native American monitor will be on-site to monitor the ground-disturbing activities for the Encinas Creek Bridge Replacement Project. Daily monitoring logs will be completed by the archaeological monitor. These typically document the location of Encinas Creek Bridge Replacement Project Page 2 of 5 EDAW AECOM Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 monitoring activities, types of equipment, proximity to known resources, and any corrective measures that were needed (e.g., restaking or reflagging areas for avoidance). If cultural resources are found during ground disturbing construction activities, work will be halted in the immediate area until the resource can be evaluated. It is assumed that no cultural resources would be discovered during monitoring activities. However, EDAW AECOM is well qualified to assess and treat archaeological discoveries. If a resource is discovered, out-of-scope recordation and/or a research design and data recovery program will be required to be prepared and carried out to mitigate impacts before ground disturbing activities in the area of discovery can resume. EDAW AECOM will provide such services, if required, as a scope modification. Deliverables EDAW AECOM will prepare a brief Archaeological Monitoring Letter Report. The letter report will follow the California Office of Historic Preservation (OHP) Archaeological Resource Management Reports (ARMR): Recommended Contents and Format (1989). The report will include a description of the monitoring results, existing conditions of the study area, and a site description and discussion. The archaeological monitoring letter report will be submitted electronically for one round of comments by the City. Assumptions • Work will consist of 8-hour days for the duration of excavation activities, assumed to be 10 working days. • A Native American monitor will be required. • No archaeological materials will be encountered. • No subsurface investigation is included. Task 10 - Revegetation Monitoring Plant Installation and 90-Day Plant Establishment Period (Monitoring Only - contractor to complete maintenance activities) EDAW AECOM will monitor the contractor installation of the revegetation area (0.28 acre), per the revegetation specifications. Monitoring will be performed by a qualified restoration ecologist and will occur during site preparation, plant installation, and monthly during the plant establishment period. After each monthly monitoring visit, EDAW AECOM's restoration ecologist will generate a memorandum to the City recommending species to be weeded and remedial measures to be implemented by the Contractor to encourage successful plant establishment. Monitoring inspections will be performed at the following stages of work: A. After site preparation is completed and before planting and seeding begins. B. After planting and seeding and before the plant establishment period begins. C. At intervals of 1 month during the first 90 days. Encinas Creek Bridge Replacement Project Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 Page 3 of 5 EDAW AECOM D. At the completion of the 90-day plant establishment period. A 90-day revegetation monitoring report will be generated, which will summarize recommendations made over the plant establishment period and evaluate the site's progress toward meeting the success standards outlined in the revegetation specifications. This report will be submitted to the resource agencies, per permit requirements. 21-Month Maintenance and Monitoring Program (EDAW AECOM Maintenance and Monitoring) Once EDAW AECOM and the City have determined that the site has become established and is meeting required success criteria (assumed to be 90 days after installation), EDAW AECOM will resume maintenance responsibilities for the site. EDAW AECOM will conduct maintenance and monitoring of the site for the remaining 21 months of the 2-year maintenance and monitoring program. Maintenance will be conducted monthly to assess site conditions, weed, and replace plants as-needed. Monitoring of the site will be conducted on a quarterly basis. The site will be evaluated quantitatively and qualitatively to assess site revegetation success. Should the site show any indication of not meeting success standards, or plant mortality is too high, EDAW AECOM will recommend and implement remedial measures (e.g., additional planting, erosion control) Monitoring memorandums will be generated after each quarterly visit to document the status of the site. In addition, annual reports in years 1 and 2 will be prepared to evaluate the site's success. Revegetation Completion Notification At the conclusion of the 2-year maintenance and monitoring program, the final year 2 report will be submitted to the resource agencies, documenting successful revegetation of the site and requesting permit closure. If necessary, a site visit will be scheduled with resource agency representatives and the EDAW AECOM restoration ecologist to discuss the success of the site and facilitate project sign-off. Deliverables EDAW AECOM will complete a 90-day plant establishment report and annual reports in years 1 and 2 to document maintenance and monitoring activities. Reports will be submitted digitally to the City for one round of comments. Final reports will be submitted to the resource agencies. Assumptions • Maintenance will require a two-person crew for 1 day per month for 21 months. • If watering is required, it can be conducted by hand using adjacent water source (Encinas Creek); no water truck will be required. • Estimated xpenses totaling $2,000 will be sufficient to cover appropriate maintenance reimbursable needs (e.g., replacement plantings, protective clothing). Task 11 -Additional Compliance Activities/Project Management EDAW AECOM's Project Manager will maintain the permit compliance matrix and will review the matrix with the City Engineer and Planning Department, as necessary, to facilitate task Encinas Creek Bridge Replacement Project Page 4 of 5 EDAW AECOM Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 completion. While not all tasks are the responsibility of EDAW AECOM, EDAW AECOM will facilitate City tracking and completion of tasks, including assistance in submitting deliverables to the resource agencies, notice to the Contractor and/or City in advance of deliverable requirements, and monthly reporting on project compliance status. Task 12 -Contingency Per the City's request, EDAW AECOM has allocated an additional 15% contingency for unforeseen out-of-scope activities that may be required for project success. This contingency will not be used without authorization from the City's Project Manager. COST ESTIMATE EDAW AECOM will complete the above scope of services on a time and materials basis for a not-to-exceed dollar amount of $140,834. A cost breakdown by task is shown in Table 1 below. Costs are further clarified by labor category, rate, and hours in the attached spreadsheet. Table 1. Cost Estimate by Task Task Task? TaskS Task 9 Task 10 Task 1 1 Task 12 Environmental Compliance Matrix Biological Resource Monitoring Cultural Resource Monitoring Revegetation Maintenance and Monitoring Additional Compliance Activities/Project Management 1 5% Contingency Total Contract Modification Request Cost Estimate $4,650 $11,002 $20,887 $65,765 $20,160 $18,370 $140,834 Encinas Creek Bridge Replacement Project Scope of Work 07080213.01 Encinas Contract Mod.doc 10/13/09 Page 5 of 5 EDAW AECOM Submitted by: EDAW, Inc. October 13, 2009 EDAW Rate Principal $225.00 3roject Manager $125.00 Analyst/Planner $85.00 Archaeological/Architectural Historian 1 $85.00 Biologist II $100.00 Field Crew $45.00 GIS Specialist 1 $90.00 Graphic Artist $90.00 Technical Editor $95.00 Word Processor 1 $85.00 TOTAL EDAW LABOR Suffix 01 Task 7. Environmental Compliance Matrix Hours Costs 10 $1,250.00 40 $3,400.00 50 $4,650.00 Suffix 02 Task 8. Biological Resource Monitoring Hours Costs 8 $1,000.00 80 $8,000.00 4 $360.00 8 $720.00 1 $95.00 1 $85.00 102 $10,260.00 Suffix 03 Task 9. Cultural Resource Monitoring Hours Costs 5 $1,125.00 8 $1,000.00 128 $10,880.00 2 $180.00 2 $190.00 2 $170.00 147 $13,545.0C Suffix 04 Task 10. Revegetation Maintenance and Monitoring Hours Costs 6 $1,800.0C 60 $7,500.0C 328 $32,800.00 336 $15,120.00 16 $1,440.00 8 $760.00 8 $680.00 764 $60,100.00 Suffix 05 Task 11. Additional Compliance Activities/Project Management Hours Costs 96 $12,000.00 96 $8,160.0C 192 $20,160.00 Total Hours Costs 13 $2,925.00 182 $22,750.00 136 $11,560.00 128 $10,880.00 408 $40,800.00 336 $15,120.00 22 $1,980.00 8 $720.00 11 $1,045.00 11 $935.00 1,255 $108,715.00 Sub-Consultants Rates Native American Monitor SUB-CONSULTANT COST EDAW MARKUP ON SUB-CONSULTANTS 10% TOTAL SUB-CONSULTANT COST Suffix 01 Suffix 02 Suffix 03 $6000.00 $6,000.00 $600.00 $6,600.00 Suffix 04 Suffix 05 Total $6,000.00 $6,000.00 $600.00 $6,600.00 Project Expenses ProjecWField Supplies (plants, herbicide, GPS, misc) Vehicle Use (Rental at cost, Company 4X4 $75) $75.00 PROJECT EXPENSES COST EDAW MARKUP ON EXPENSES 10% TOTAL PROJECT EXPENSES COST Cost Cost 9 S675.00 $675.00 $67.50 $742.50 Cost S $675.00 $675.00 $67.50 $742.50 Cost $2,000.00 42 S3.150.00 $5,150.00 J515.00 $5,665.00 Cost Cost $2,000.00 60 $4,500.00 $6,500.0C 5650.00 $7,150.00 TOTAL EDAW LABOR & OTHER DIRECT COSTS I 15% Contingency GRAND TOTAL (including Contingency) $4,650.00|J 11,002.H)|$20,887.501 $65,765.00|$20,160.00]$122,465.0t $18,369.7! $140,834.7! ASSUMPTIONS: Field Supplies include replacement plantings, GPS, herbicide, protective clothing watering would not require truck. Hand watering once per month at routine maintenance visit Copy of Copy of Encinas Contraction Cost Estimate (2).xls