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HomeMy WebLinkAbout2015-07-28; City Council; 22042; Agreement Kleinfelder for El Camino Real Bridge Widening over Agua Hedionda Creek 6042 6056CITY OF CARLSBAD-AGENDA BILL 1 AB# 22,042 APPROVAL OF AN AGREEMENT WITH KLEINFELDER IN DATE 7/28/15 THE AMOUNT OF $673,424 TO PROVIDE PROFESSIONAL r--------'-----''--------4 ENGINEERING SERVICES FOR THE EL CAMINO REAL CITY ATTY. BRIDGE WIDENING IMPROVEMENTS OVER AGUA L_D_E_P_T_. _PW_-T_R_A_N_S____L __ H_E_D_:IO:.....:.N..::.::D:.....:.A_:__C_:_:R_:_:E=-=E_K_, P~ROJ_~g N()_~._~_04~& ~~_6 __ ---'----C_IT_Y_M_G_R_. _ _,_,.__,""-----_ ___j RECOMMENDED ACTION: Adopt Resolution No. 2015-196 to approve an agreement with Kleinfelder in the amount of $673A24 to provide professional engineering services for the El Camino Real bridge widening improvements over Agua Hedionda Creek, Project Nos. 6042 & 6056. ITEM EXPLANATION: The El Camino Real bridge widening improvements over Agua Hedionda Creek will provide additional travel lanes and new sidewalks improving connectivity and operations for all modes of travel. The Agua Hedionda Creek bridge (Bridge No. 57C-0191) is located on El Camino Real, south of Cannon Road. The bridge was constructed in 1971 and is 108 feet in width and 112 feet in length. Currently, a narrow sidewalk exists on the west side, and a partial sidewalk terminates at the bridge on the east side of El Camino Real. Bike lanes are provided in each direction. Three travel lanes exist in the southerly direction and two lanes in the northerly direction. The posted speed limit is 55 mph. The El Camino Real bridge widening project will include two left turn lanes and an additional thru-lane in the northbound direction to tie into the Robertson Ranch West development from Cannon Road to Tamarack Avenue for operational improvements. Also, the bridge will be widened to accommodate a right turn only lane to eastbound Cannon Road and a new sidewalk. The existing sidewalk on the west side will be widened from four feet to six feet to meet CaiTrans design requirements and enhance mobility. Additionally, the existing barrier is damaged and in need of repair. A new sidewalk will be added to the east side of El Camino Real, providing connectivity to Cannon Road and Jackspar Drive. On April 28, 2015, the Transportation Division requested statements of qualifications for professional engineering services to improve the bridge on El Camino Real over the Agua Hedionda Creek. On May 29, 2015, five qualifications were received and a selection committee composed of city staff rated the interested firms. The qualifications were evaluated of experience, performance of similar work, ability to provide services and the quality of the written response. DEPARTMENT CONTACT: Brandon Miles 760-434-2745 brandon.miles@carlsbadca.gov FOR CLERK USE. ' COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D REPORT RECEIVED D 1 Approve Kleinfelder Agreement 7/28/15 Page 2 of 2 Based on a review of the statement of qualifications, staff recommends awarding the professional service agreement for the preparation of construction plans, permits, applications, specifications, and estimates for bidding purposes to Kleinfelder, in the amount of $673,424. FISCAL IMPACT: The Professional Service Agreement with Kleinfelder is for a total of $673,424. Project management by city staff is estimated to be $134,685 for a total of $808,109. The proposed budget resources are Traffic Impact Fees (TIF) and Infrastructure Replacement Funds (IRF) at $849,000 and $210,000 respectively for a total of $1,059,000. Therefore, sufficient funds exist for this project as outlined in Table 1 below. TABLE 1 - EL CAMINO REAL BRIDGE WIDENING IMPROVEMENTS PROJECT NOS. 6042 8i 6056 EL CAMINO REAL BRIDGE WIDENING IMPROVEMENTS - 6042 & 6056 ESTIMATED COSTS Engineering - Kleinfelder $673,424 Project Management - City Staff (20%) $134,685 ESTIMATED DESIGN COST $808,109 Traffic Impact Fees (Project No. 6042) $849,000 Infrastructure Replacement Funds (Project No. 6056) $210,000 TOTAL AVAILABLE FUNDS $1,059,000 ADDITIONAL APPROPRIATION $0 ENVIRONMENTAL IMPACT: Pursuant to Public Resources code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2015-196 to approve the agreement with Kleinfelder in the amount of $673,424 to provide professional services for preliminary engineering for the bridge railing improvements of Project Nos. 6042 & 6056. 2. Project Location Map. 3. Agreement for Professional Engineering Services, Kleinfelder. EXHIBIT 1 1 RESOLUTION NO. 2015-196 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CAUFORNIA, AUTHORIZING THE APPROVAL OF AN AGREEMENT WITH KLEINFELDER IN THE AMOUNT OF $673,424 TO PROVIDE 4 PROFESSIONAL ENGINEERING SERVICES FOR THE EL CAMINO REAL BRIDGE WIDENING IMPROVEMENTS OVER AGUA HEDIONDA CREEK, PROJECT NOS. 6042 & 6056 5 6 7 8 9 10 11 12 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, California, has determined it is necessary and in the public interest to improve the El Camino Real bridge over Agua Hedionda Creek; and WHEREAS, staff received, reviewed and rated statements of qualifications from five engineering firms; and j3 WHEREAS, subsequent to a review of the statements of qualifications, staff selected Kleinfelder as the most qualified consultant for the project; and 15 WHEREAS, staff and Kleinfelder have negotiated fees in the sum of $673,424 to provide 16 engineering services described in this professional services agreement; and WHEREAS; sufficient funding is available in the Traffic Impact Fee Fund and Infrastructure Replacement Fund in Project Nos. 6042 and 6056 for this request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California as follows: 1. That the above recitations are true and correct. 2. That a Professional Service Agreement with Kleinfelder for the El Camino Real bridge widening improvements over Agua Hedionda Creek, Project Nos. 6042 and 6056, as described in the attached agreement, is hereby approved and the Mayor is hereby authorized and directed to execute said agreement. \\\ 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City 2 of Carlsbad on the 28th day of July, 2015, by the following vote to wit: 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 AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. ~:~t.f/1# MA~u:: avor ATIEST: TRAN1244 AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES KLEINFELDER, INC. THIS AGREEMENT is made and entered into as of the ~Cf:'h day of __ .........,'-=.J....:Cf-::---::c-----:-:---:-:=-:-.' 2015, by and between the CITY OF CARLSBAD, a municipal 'City"), and KLEINFELDER, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a civil engineering consultant that is experienced in roadway design and bridge widening. B. Contractor has the necessary experience in providing professional services and advice related to civil engineering and structural engineering. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be six hundred seventy three thousand four hundred twenty four dollars ($673,424). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be City Attorney Approved Version 4/1/15 TRAN 1244 under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost forthe purposes of this section, and that this section will survive the expiration or early tennination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be Obtained from an insurance carrier admitted and authorized to do business in the State of Califomia. The insurance carrier is required to have a current Best's Key Rating of not less than "A-iVH"; OR with a surplus line insurer on the State of California's Listof Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarteriy listings report. City Attorney Approved Version 4/1/15 TRAN 1244 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits ofthe insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occun-ence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life ofthe Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. City Attorney Approved Version 4/1 /15 TRAN 1244 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period ofthree (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14 COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name ofthe persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Brandon Miles Name Craig Shannon Title Associate Engineer Title Senior Bridge Engineer Public Works / Department Transportation Address 550 W C Street, Suite 1200 City of Carisbad San Diego, CA 92101 Address 1635 Faraday Av Phone No. 619-831-4546 Carisbad, CA 92008 Email cshannon@kleinfelder.com Phone No. 760-602-2745 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1/15 TRAN 1244 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance ofthe Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action ofthe City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment ofthe Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the wori< product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work perfonned to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 4/1/15 10 TRAN1244 employee, any fee, commission, percentage, brokerage fee, gift, or ariy other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty. City will have the rightto annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 etseq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard ofthe truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms ofthe Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. \\\ \\\ \\\ \\\ \\\ \\\ City Attorney Approved Version 4/1/15 (I TRAN1244 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR KLEINFELDER, INC., a California corporation ~ M..r k ~i~·)!~/t(.y.cc R..~,Jm-f ' (~) J( "'', A, c·( J rc:zc.. c\k L, , )J .. d . .J" (, (print name/title( CITY OF CARLSBAD, a municipal corporation of the State of California By Ji a(/;ift/ t (~Matt Hall I Mayor ATTEST: 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 4/1/15 7 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } Countv of ^0>^~^Q^ } On "^UIM 16 2DiSbefQre me, SKerrufcalinf^ Ki/)krV/^/;6 I ' , ^ere insert name and title ot thS ottloer) f personally appeared "3oV\V^ K\or>)SCXZAdlf.W , who proved to me on the basis of satisfactory evidence to be the personj^sfwhose nameCs)^are subscribed to the within instrument and acknowledged to me that (@}fehe/they executed thegame In^^jlZher/thelr authorized capaclty(ies}rand that by ^^1^s^er/their signaturejsfon the instrument the personj^s^^or the entity upon behalf of which the personj(s^cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S. BALMER I Commission No. 2040055 z NOTARY PUBLIC-CALIFORNIA 8 SAN OIEGO COUNTY My Comm. Expifps SEPTEMBER 1,2017 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE AmCHED DOCUMENT Title or cfescription of attachad document) \ I luB ur uBscnpuon or aitacngn aocumemj n ^ (Titi/or description of attached document continued) Number of Pages ^ Document Date'^^7^^-^ CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Califomia statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknoivledgments from other states may be completed for documents being sent to that state so long as the •wording does not require the Califomia notary to •violate Califomia notary law. • State and Coimty information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary pubhc). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyr is /sse ) or circling the correct forms. Failure to correctly Indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment Is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •> Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docunnent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On3U.^ .lS, 2D I'D before me } ' (Here insert name and title of the officer) • personally appeared who proved to me on the basis of satisfactory evidencfe'to be the person]^ whose namej(s)^)5are subscribed to the within instrument and acknowledged to me that (^hgfehe/they executed the same in(£js2her/their authorized capacityj^i€f^and that by (^Hl^/her/their signature's^ on the instrument the personj^s^Tor the entity upon behalf of which the personj^gfacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and oflicial seal. Notary Public Signature S. BALMER Commission No. 2040055 NOTARY PUBLIC-CAUFORNIA SAN DIEGO COUNTY My Comnj. E;^it|M SEPTEMBER 1,2017 ' •"T'rriiia'iaii I —'• •• - (Notary Public Seal) 1 i •-* 1 ADDITIONAL OPTIONAL INFORMAT DESCRIPTION OF THE ATTACHED DOCUMENT (Tffle or description of attachefWocument) ^ . (Title ?)r description of attached document continued) "H^iidfi^ Number of Pages Document Date'^/^'^^T^/^ ON CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Tnjstee(s) • Other 2015 Version www.NotaryClasses.com 800-873-9865 ENSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the Califomia notary to violate Califomia notary law. » State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a coroma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. » Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. fee/she/th^ is /we) or circling die correct forms. Failure to correctly indicate diis information may lead to rejection of document recording. > The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. > Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •> Indicate title or type of attached document, number of pages and date. •> Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). « Seciu-ely attach this document to the signed document with a staple. ? ^ EXHIBIT A KLEINFELDER, Inc. SCOPE OF ENGINEERING SERVICES PROJECT: EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECT NO. 6042 CUENT: CITYOFCARLSBAD DATE: JULY 14, 2015 1. PROJECT DESCRIPTION Originally constructed in 1971, Agua Hedionda Creek Bridge is a continuous three-span superstructure consisting of composite precast and cast-in-place reinforced concrete slabs. It is supported at the piers on driven concrete pile extensions and is supported at the ends by semi-integral diaphragm abutments. The 113-foot-long, 110-foot-wide bridge carries El Camino Real over the Agua Hedionda Creek, and will be widened to accommodate the additional lanes and sidewalk proposed for this project. Improvements to El Camino Real occurred in the early 2000s and included the construction of a raised median, a two-foot cantilevered sidewalk and pipe hand railing addition to the southwest edge of the bridge, and realignment of the vehicle barrier two feet inboard in order to create a four-foot protected sidewalk. The current lane configuration forthe bridge includes three lanes and a narrow bike lane in the southbound direction, and a single bike lane and two through lanes with dedicated left-turn and right- turn lanes in the northbound direction. Kleinfelder has assumed the roadway and bridge improvements in the northbound direction have a higher priority than any southbound improvements, and the widening should be limited to the northeast side to limit environmental impacts and project costs. We have assumed an approximate 20-foot bridge widening to the northeast side and that the roadway improvements have limits extending from south of Jackspar Drive to north of Crestview Drive. We have assumed that the existing bridge will not need to be retrofit or replaced due to seismic considerations. Our scope of work includes evaluating the existing bridge based on current seismic design criteria, but does not include any work related to a bridge retrofit or replacement should the results indicate such a need. In addition, our scope of work includes retrofit or replacement of the existing barrier rail and methacrylate treatment for the cracked bridge deck. No other bridge rehabilitadon is included in this scope of services. The foiiowing is our scope of work for the project. Task numbers in parenthesis correspond to the tasks identified in our separate fee proposal. 2. SCOPE OF WORK 2.1. Project Management, Team Meetings and Project Coordination {Task 1.0) 2.1.1. Project Management and Administration (Task 1.1) Kleinfelder shall provide overall management of Kleinfelder and Kleinfelder subconsultant personnel. A monthly progress report shall be provided indicating the work accomplished during the last period, anticipated work to be completed in the next period, issues that require resolution, milestone achieved, meetings held, problems encountered and actions taken, potential extra work items, approval actions required, coordination issues, and schedule impacts. Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECT NO. 6042 July 14,2015 Page 2 2.1.2. Kick-off Meeting, Team Meetings, and Meeting Minutes (Tasks 1.2,1.3,1.5) Kleinfelder will schedule a kick-off meeting upon receiving the notice-to-proceed. The City and project team will discuss the target dates for team meetings, format for meeting agendas, meeting minutes, monthly status reports, and invoicing. Kleinfelder will attend all team meetings and issue tailored agendas for each. Not all subconsultants are required to attend each team meeting. Meeting minutes will be issued within five business days of each meeting. Attendees will have one week to comment on the draft meeting minutes. Final meeting minutes will be distributed to the project team. Our budget is based on a maximum of 20 meetings including the one kick-off meeting. Additional coordination will be performed by teleconference or by email on an as- needed basis. 2.1.3. Monthly Status Reports (Task 1.4) Monthly progress reports shall be submitted with each monthly invoice indicating the work accomplished during the previous period, anticipated work to be completed during the following period, list of issues requiring resolution, milestones achieved, potential extra work items, and schedule impacts. 2.1.4. Schedule (Task 1.6) Project schedule will be created in Microsoft Project and will be updated at major milestones to reflect any changes to the overall project. 2.1.5. Quality Control Kleinfelder will provide all services pursuant to this scope in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the project (including its contracting mode) performing in the same locality under similar conditions and at the date the services are performed. Quality management will follow our Kleinfelder's in-house "Quality Management Program" and will be built into each deliverable prior to submittal. Unless otherwise identified in this scope of work, the quality control and assiirance documentation will be maintained in the project records but will not be provided as a deliverable to the City unless specifically requested. Deliverables: • Project team meeting minutes as-needed • Monthly invoices with progress reports • Project schedule 2.2. Task 2.0: Investigation 2.2.1. Review of Existing City Data and Reports (Task 2.1) Kleinfelder will review previous studies for the bridge that may have been performed by City of Carlsbad or others. 2.2.2. Field Review and Investigation of Existing Site with City (Task 2.2) Kleinfelder will attend one site visit with select members of the project team and the City to perform a field review and investigation of the existing site during the project alternatives phase of the project. ih Exhibit A - Kleinfelder Scope of Engineering Seivices EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECTNO. 6042 July 14,2015 Page 3 2.2.3. Existing Utility Identification, Coordination and Base Mapping (Task 2.3) Kleinfelder will perform a utility search for affected utilities within the project area and prepare an existing utilities base map to assist in the identification of utility relocation requirements. The search shall include field review and review of available as-builts for the project area. Kleinfelder will research records for both public and franchise utilities and shall include the location of all existing facilities in the plans, including sewer, water, storm drain, gas, electric, fiber optic, cable television, and telephone. Utility companies shall be sent a letter requesting information regarding existing and proposed utilities. We have determined the following utility owners may have facilities within the project area: • AT&T Transmission, AT&T Transmission CTA, AT&T Distribution • Kinder Morgan Energy Partners • Crown Castle • SDG&E Gas • Tinrie Warner Cable • Various City of Carisbad Public Utilities Potholing services shall be provided for utilities anticipated to be impacted by project improvements. Our budget includes a maximum of $10,000 to cover both the coordination and hiring of potholing subs as requested bythe City. All utility owners will be provided with a Verification Letter and project information (including plans and maps), requesting them to verify their facilities in the project area. At the conclusion of this procedure, all impacted facilities are to be identified by the utility company. To accommodate this project, owners will be provided with a formal notice to relocate, remove, abandon, protect, and/or pothole their utility facility. The Notification to Owner (NTO) also sets forth a schedule for performing proposed utility relocation work and a statement of liability for the cost of relocation. It is essential that the NTO reflects a true understanding between Kleinfelder and the Owner regarding the location and type of facility, the work that is being ordered, the schedule to accomplish it, and the liability for the cost of work. This NTO agreement will be necessary to prevent subsequent disagreements related to the need for any work, scheduling, liability, etc., which may compromise the timely completion ofthe Project. Kleinfelder will make provisions necessary to include utility relocation plans within the documents or to inform bidders and the Contractor that contract time and working area will be needed for the utility company (cooperation specifications) to complete their improvements during the construction contract working day calendar. Note that development of utility relocation plans has not been assumed as part of this scope. However, our scope of work will include the design of the openings in the abutment and pier caps (if necessary) to allow for the passage of the utilities. Anticipated bridge displacements due to seismic events will be provided to the individual utility companies for purpose of sizing and specifying utility couplers as necessary. Our scope of work also includes the design and detailing necessary to support minor dry utilities (electrical and/or telecommunications) on the edge of the bridge if provided by the respective utility companies. Plans required for the utility beyond the bridge abutments have not been included in our scope. I n Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECTNO. 6042 July 14,2015 Page 4 Kleinfelder will perform field survey and topographic mapping to be used for the design of this project to include all existing conditions with horizontal and vertical elevations, property lines and corners, curb lines, utilities, centeriine monuments, medians, storm drain facilities, private property frontages including detailed survey of streets and intersections. Kleinfelder will research record survey information at the City of Carisbad and at the City Surveyor's office. Kleinfelder will establish horizontal and vertical control at the site and establish a supplementary control network throughout the project area in terms of NAD 83 (1991.35) for horizontal control and NGVD 29 for vertical control. Control surveys will be performed in accordance with the Caltrans Sun/ey Manual. Supplementary control will be surveyed using RTK GPS survey methods. Differential level runs will be performed to establish the elevations of the supplementary control. Kleinfelder will set aerial targets and perform an RTK GPS control survey to establish coordinates and elevations on the targets for aerial mapping within the project mapping limits. Kleinfelder will coordinate flyover photogrammetry for the aerial mapping. Digital aerial mapping will be prepared for the project area sufficient to complete the project design with limits being established during the field review and discussions with the City. The mapping will be prepared in AutoCAD format and will be provided in English units at the requested scale and contour inten/al. A report of survey control methods and procedures will be provided. Kleinfelder will perform a comprehensive land net survey. A right-of-way base map showing existing street rights-of-way, centeriines and property lines within the project limits will be prepared. 2.2.4. Preliminary Constraints Coordination for City Input (Task 2.4) Kleinfelder will provide geotechnical input for the project Type Selection Report. The input will be based on a thorough review of existing geological and subsurface information for the site. The input will also include a cursory assessment of the potential adverse site conditions such as strong ground motion, liquefactions/lateral spreading, foundation types, abutment walls, and construction considerations. 2.2.5. Traffic Analysis for Construction Impacts (Task 2.5) Kleinfelder will use existing available traffic count data from the City's Growth Monitoring Program to determine the existing traffic patterns through the study area. An operational analysis for the two-lane El Camino Real condition will be conducted for the a.m. and p.m. peak period. This information will be used in the environmental assessment to determine the short-term construction impacts ofthe project. 2.2.6. Volume Analysis for Turn Pocket Lengths (Task 2.5) Kleinfelder will forecast the long-term intersection geometries using information available from recently completed traffic impact analysis reports in the area. The Robertson Ranch and Tax Increment Financing (TIF) studies will be used as a foundation for this analysis and will be supplemented with information from the Draft Mobility Element and/or other studies. This information will be used to determine the left and right turn pocket lengths on the northbound approach to and across the new bridge. Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECT NO. 6042 July 14, 2015 Pages 2.2.7. Prepare Project Alternatives Report including Bridge Type Selection (Task 2.7) Kleinfelder will provide a draft and final copy of a project alternatives report. The report will provide a summary of project constraints, purpose and need, traffic dehnands, alignment alternatives, drainage, water quality and bridge type selection alternatives. It will also provide detailed methods and rationale used to arrive at the preferred alternative, and identify any potential constraints, such as environmental and permitting requirements. We will incorporate any comments to the draft document into the final report. Deliverables: • Utility base map • Preliminary design sheets and exhibits Project Alternatives Report including Bridge Type Selection (draft and final) 2.3. Engineering Services (Task 3.0) 2.3.1. Survey and ROW (Task 3.1) Kleinfelder will perform a supplemental ground survey including, but not limited to, street cross sections, creek cross sections, bridge abutments and soffits, conform locations, visible utilities, drainage structures, striping, existing bridge and street features. 2.3.2. Geotechnical (Task 3.2) Kleinfelder will perform two exploratory rotary wash boreholes to a depth of 120 feet below current site grades. The boreholes will be located in the vicinity of the proposed abutments ofthe widening within the right-turn lane of El Camino Real. Soil samples will be obtained at selected intervals within the borings and will be transported to our in-house geotechnical laboratory for analysis. Field work will be limited to daytime hours only (7 AM to 5 PM). Kleinfelder will prepare a Project Management Plan outlining our work plan, health and safety plan, traffic control, QA/QC, and lines of communication. Prior to our proposed subsurface exploration, we will notify Underground Service Alert (USA). We will also subcontract a private utility locating company to screen the proposed exploration locations for the presence of subsurface utilities. We also request that we be provided utility plans from the various public agencies within our boring locations. Data from our field investigation will be incorporated into the LOTBs for the project. Geotechnical laboratory testing will be performed on select samples obtained from the borings. Samples will be transported to our materials tesdng laboratory for storage and testing. We anticipate our soil testing will include moisture content, dry density, direct shear, unconfined compression, gradation, Atterberg limits, and corrosion screening. Other tests may be substituted depending on the conditions encountered in the field. Testing will be conducted in general accordance with ASTM, Caltrans, AASHTO, or other appropriate guidelines. Data from the laboratory testing will be incorporated into the Log of Test Borings (LOTB). LOTB will be prepared in general conformance with the Caltrans Soil & Rock Logging, Classification, and Presentation Manual (2010). The LOTB sheets will be incorporated as part of the project plans. LOTB will present the boring logs on an elevation scale, and a plan view showing the location of each boring relative to the alignment and/or existing or planned facility or structure. The type{s) of drilling method(s) used to perform the investigation, the type(s) of sampling performed, and how I ^ Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJEa NO. 6042 July 14, 2015 Page 6 the sampler was advanced will be included in the LOTB. LOTB will be signed and sealed by a State of California Registered Geotechnical Engineer. A Structure Foundation Report (SFR) will be provided for the bridge structure, road alignment, retaining walls, drainage structures, and underground utilities. Our reports will present the results of our field exploration, laboratory testing, and engineering analyses. Data collected from the subsurface investigation and laboratory testing will be summarized for each substructure unit. A simplified soil profile will be developed and design soil parameters will be selected for analyses. Analyses will be based on the results of subsurface investigation and Caltrans guidelines. Our engineering analyses will include the following: • Deep Foundation Analyses - Deep foundations consisting of either driven precast concrete or Cast-in-Drilled-hole (CIDH) piles will be considered. Both axial and lateral capacity analyses of individual piles will be performed following Caltrans guidelines. • Design Ground Motions - Design earthquake ground motions will be developed in accordance with Caltrans requirements. • Liquefaction Analyses - Data from subsurface investigation will be used to perform liquefaction analyses of the bridge site. Simplified standard penetration test (SPT) based liquefaction analysis procedures will be followed. • Lateral Spreading and Pile Deformation Analyses - Foundation loading and deformation due to liquefaction induced lateral spreading will be analyzed following Caltrans guidelines. Our analyses will be conducted for abutments and drilled piers. Efforts for coordination with structural designers are included. Analyses and design of ground improvement is not anticipated and therefore is not included in this scope of work. • Embankment and Retaining Wall Analyses - Analyses will be performed for retaining walls and proposed abutments. Slope stability and setdement analyses will be performed for approach embankments. 2.3.3. Hydraulics (Task 3.3) Kleinfelder will prepare a hydraulic evaluation ofthe bridge design using HEC-RAS. The analysis will be based on the accepted lOO-year flow rates. A debris factor will be applied to the bridge piers, if appropriate. Coordinadon will be performed with team members to develop a design that will minimize flood inundation, channel erosion, environmental impacts, and construction costs. In addition, local scour analyses of the piers will be performed to determine additional protection required for these structures. Kleinfelder will prepare an off-site (river channel) hydraulics report summarizing the analyses results and recommendations. A comparison of the alternatives will be included along with identification ofthe preferred alternative. The prior sediment transport analyses (Chang, 2012) will be modified to determine the general scour at the bridge. This will ensure that the bridge piers and appurtenances are adequately designed for channel bed scour. A FLUVIAL-12 analysis will be performed to determine the general scour and a summary ofthe FLUVIAL-12 analysis results will be included in the report. The FLUVIAL- 12 analysis will be based on the lOO-year and flood series events. Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECT NO. 6042 July 14, 2015 Page 7 Kleinfelder will prepare a preliminary drainage study for the project to identify the suitability of the existing drainage system to ensure it will have capacity for the proposed improvements. The study will also consider the scope of new drainage system improvements required to adequately protect the project area should the existing system be determined to be undersized. After accumulating existing information about the drainage characteristics of the project, Kleinfelder will develop a base drainage map that depicts the major and minor drainage basins that are tributary to the bridge and roadway right of way and related project improvements. Kleinfelder will perform hydrologic and hydraulic calculations to determine the peak flow rates to be used in the analysis of existing and proposed conditions for the drainage systems. In coordination with the preliminary engineering roadway and associated grading design, Kleinfelder will prepare a preliminary engineering design of local drainage facilities to protect the bridge, roadway, and related improvements. 2.3.4. 50% Plans and Calculations (Task 3.4) Kleinfelder will prepare structure design calculations and plans that conform to both Caltrans and City of Carisbad requirements. The bridge design wiil be based on AASHTO LRFD Bridge Design Specifications, 6* Edition, with California Amendments dated January 2014. The seismic analysis will be based on Caltrans Seismic Design Criteria (SDC), Version 1.7, dated April 2013. Our design will also follow Caltrans design manuals including Memo to Designers (MTD), Bridge Design Aids (BDA), and Bridge Design Details (BDD). Kleinfelder will prepare 50% plans (unchecked details) once the City approves of the project alternatives report including the type selection. The plans wills be prepared in AutoCAD format. San Diego Regional Standard Drawings, City Standard sheets, and Caitrans Standard Plans and XS sheets will be used as appropriate. The anticipated sheets for the project are as follows: • Civil Plans: • General Plans (Cover/Title Sheet, Index, Legend, Abbreviations, Notes) • Roadway Typical Cross Sections • Layout Plan and Profile • Grading and Drainage • Civil Construction Details • Erosion Control Plans • Signing Plans • Striping Plans • Traffic Signal Modification Plan • Traffic Control Plans (first submittal at 90%) • Landscape Plan (first submittal at 90%) • Bridge Plans: • General Plan • Index to Plans / Deck Contours • Foundation Plan • Abutment 1 Layout • Abutment 3 Layout • Pier Details • Pile Foundation Details • Bridge Deck Plan / Typical Section ^ I Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECT NO. 6042 July 14,2015 Pages • Concrete Slab Details No. 1 • Concrete Slab Details No. 2 • Miscellaneous Details • Log of Test Borings (first submittal at 90%) Kleinfelder will conduct a comprehensive field inspection to identify all existing signs, striping and traffic signal equipment including poles, pull boxes, wiring and communications. Signing and striping plans will be based on local, regional and statewide design standards and conform to the latest version ofthe Manual on Uniform Control Devices (MUTCD-CA) California edition. Kleinfelder will identify all existing electrical and communications within the vicinity of the improvements. We have assumed the construction will require realignment of the signal heads on the northbound approach to align with the new lanes. The signal pole on the northeast corner of the intersection will need to be replaced to accommodate the third northbound through lane as well as new pedestrian push buttons and pedestrian signal heads. In addition, new bicycle detection will be needed in the relocated bicycle lane adjacent to the new right-turn lane. Kleinfelder will prepare a traffic signal modification plan that will identify all new traffic signal features and wiring modifications. Any existing communications equipment will be clearly identified on the plan and modifications to communications, if necessary, will be shown on the traffic signal plan. Kleinfelder will prepare the traffic control plans for up to two stages of construction with limits extending from south of Jackspar Drive to north of Crestview Drive. Plans will conform to the latest version of the Manual on Uniform Control Devices (MUTCD-CA) California edition and local requirements. We have assumed only two phases will be required for traffic control: • Phase 1: Outside lane closure northbound and southbound for construction of new bridge and bridge railing construction • Phase 2: Inside lane closure northbound and southbound for modifications to median Kleinfelder will determine the impact of proposed project improvements on existing landscaped and maintained areas within the project limits. • We will contact respective owners (if available) to obtain as-built plans for existing irrigation equipment and control system(s) for parkways at Cannon and El Camino and conduct field visit to document/verify equipment and operational status. • We will prepare preliminary design of new landscape elements (if applicable), modifications, or restoration of existing landscaping and irrigation system(s) based upon proposed roadway, bridge, and related civil improvements. We will coordinate through the environmental process to ensure appropriate storm water BMP's, ESA protection, and permanent erosion control measures are addressed. Landscape elements may be addressed graphically on scaled plans, and/or clearly identified on appropriate plan sheets within the construction documents for preservation of property, modification of existing irrigation systems, new landscape and irrigation (if applicable), and restoration of existing landscape and irrigation impacted by project Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECTNO. 6042 July 14, 2015 Page 9 Deliverables: • Draft Hydraulics Report • Draft Drainage Report • Draft Structures Foundation Report • Bridge Design Calculations stamped by a registered California PE • 50% Plans (Half Size) and electronic copy (PDF) 2.3.5. 90% Plans and Calculations (Task 3.5) Kleinfelder will review comments and meet, as appropriate, with City staff to discuss comments prior to modifying the design plans. We will submit a comments/response matrix to document the comments and responses per the City's review. Kleinfelder will perform an independent check of the bridge design calculations. We will resolve major differences between the designer and checker and update design and construction documents as necessary. Kleinfelder will prepare 90% plans for review bythe City. Kleinfelder will perform a QA/QC ofthe plans including an interdisciplinary review Deliverables: Response to Comments Matrix / Letter Final Hydraulics Report Final Drainage Report Final Structures Foundation Report Final Bridge Design Calculations stamped by a registered California PE (if necessary) Independent Bridge Design Calculations stamped by a registered California PE 90% Plans (Half Size and Full Size - 2 Copies) and electronic copy (PDF). 2.3.6. 100% Plans and Calculations, Final Submittal (Task 3.6) Kleinfelder will review comments and meet, as appropriate, with City staff to discuss comments prior to modifying the design plans. We will submit a comments/response matrix to document the comments and responses per the City's review. Kleinfelder will prepare 100% plans for final review by the City. Upon written receipt of final approval, an original set of stamped and signed plans, special provisions, and engineers' estimate will be submitted to the Client for use in developing bid documents and soliciting construction bids. Deliverables: • Response to Comments Matrix / Letter • Final Bridge Plans (Half Size) and electronic copy (PDF) • Final Bridge Plans (Full Size) plotted on 24" x 36" Mylar - Signed and Sealed Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECT NO. 6042 July 14,2015 Page 10 2.3.7. ROW/Easement Coordination (Task 3.7) Kleinfelder has assumed property will need to be acquired for this project from two properties in the north east corner of El Camino Real and Cannon Road (APNS 168-360-06-00 and 168-050-37- 01). Kleinfelder will provide appraisal services that include: • Oversight of the appraisal process; appraisals for each proposed property acquisition will be required. • Submission of a "Notice of Intent to Appraise" to all property owners expected to have their properties partially acquired. Appraisers will send introductory letters indicating when the appraiser expects to contact the owner for an appointment to perform the appraisal. When summary appraisal reports are completed and before they are accepted, they are reviewed by Kleinfelder for accuracy, and regulatory compliance. • Kleinfelder will provide title services that include: • Obtaining and reviewing tide reports to verify ownership and identify any easements or encumbrances. Updated preliminary title reports will be obtained as needed. • Performing title clearance by resolving problems relating to unusual circumstances with regards to title or ownership, addressing exceptions pertaining to property such as mortgage liens, restrictions, easements and rights of way. We will work with the title company to obtain lender subordination when needed and will obtain a final titie policy at the close of escrow. • Kleinfelder will provide acquisition services that include: • Preparation of offer packages and delivery to owners. • Negotiation with the property owners (or their appointed representatives) for the purchase ofthe required property rights. Kleinfelder will present First Written Offers to each owner. • Preparation of all acquisition agreements and other documents necessary to complete the acquisition in a form provided by the City. • Submission of needed information to City staff for preparation of agenda items and public hearing notices, as necessary for approval of acquisition terms. • Maintenance of a diary of all pertinent information and contacts concerning the project parcels. • Once an agreement has been reached, obtain the owner's signature, notarized when necessary, and confirm owner's capacity to sign the agreements. • Prompt transmission all executed documents on successfully negotiated parcels to Client for acceptance. • Kleinfelder will provide escrow/closing services that include: • Ensuring, during the escrow period, that the property can be conveyed to the Client without any unacceptable liens or encumbrances. • Obtaining property owner signature on agreement(s) and other necessary documents. • Obtaining Client's signature on Certificates of Acceptance. • Opening escrow and coordinating escrow requirements with property owner. • Providing draft escrow instructions for Client approval. , Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECT NO. 6042 July 14,2015 Page 11 • Coordinating payment between the Grantor, Client and the Escrow Company. • Reviewing Title Reports for liens, CCR's and other encumbrances. • Obtaining all necessary documentation to convey titie. • Reviewing dosing statements and submitting to Client for approval; closing escrow. 2.3.8. Draft and Final SWMP (Task 3.8) Kleinfelder will complete the Storm Water Standards Questionnaire (Form E-34), along with the Construction Threat Assessment Worksheet for Determination of Project's Perceived Threat to Storm Water Quality (Form E-33). These documents will be submitted to the City as part of the Standard Urban Storm Water Mitigation Plan (SUSWMP) determination process. Should it be determined that the project is categorized as a Priority Development Project, a Storm Water Management Plan (SWMP) would be required and Kleinfelder will prepare the SWMP. The SWMP will be prepared per the City's SWMP Requirements Checklist (Form E-35). The SWMP will follow applicable storm water standards, identify pollutants of concern, and determine the most appropriate Best Management Practices (BMPs) for the site. Documentation of the preferred storm water design will be included in the SWMP. The SWMP will also cover BMP facility maintenance requirements. The SWMP will demonstrate the project satisfies the storm water requirements ofthe SUSMP. 2.3.9. Draft and Final SWPPP (Task 3.9) Kleinfelder will complete the City Project Threat Assessment Worksheet for Determination of Construction SWPPP Tier Level (Form E-32). The project SWPPP would be prepared using the City's Tier 2 Construction SWPPP preparation template. Deliverables: • Storm Water Standards Questionnaire (Form E-34) • Storm Water Management Plan Requirements Checklist (Form E-35) • Draft Storm Water Management Plan • Final Storm Water Management Plan 2.4. Environmental Permitting and Processing (Task 4.0) 2.4.1. United States Army Corps of Engineers Federal Clean Water Act Section 404 Nationwide Permit Authorization (Task 4.1) Kleinfelder will prepare an application for a Nationwide Permit Authorization from the United States Army Corps of Engineers (Corps) pursuant to Section 404 of the Federal Clean Water Act. We will submit the application in draft form for team and City review and comments. Kleinfelder has allowed budget to address one round of consolidated and non-contradictory comments for this task. We will submit the final iteration to the Corps and will follow up with Corps staff during the process. 2.4.2. Regional Water Quality Control Board Federal Clean Water Act Section 401 Certification of Water Quality Request (Task 4.2) Kleinfelder will prepare a request for Certification of Water Quality from the San Diego Regional Water Quality Control Board (RWQCB) pursuant to Section 401 ofthe Federal Clean Water Act. We will submit the application in draft form for team and City review and comments. Kleinfelder has <5> Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECTNO. 6042 July 14,2015 Page 12 allowed budget to address one round of consolidated and non-contradictory comments for this task. We will submit the final iteration to the RWQCB and will follow up with RWQCB staff during the process. Please be advised that in order for the request to be deemed complete, the RWQCB will require a certified California Environmental Quality Act (CEQA) document for the proposed project. As part of this task, we will use the RWQCB Fee Calculator to determine the fee amount. Kleinfelder has budgeted for this task with the understanding that the City will pay any and all fees associated with regulatory agency permitting. 2.4.3. California Department of Fish and Wildlife Lake or Streambed Alteration Agreement Application (Task 4.3) Kleinfelder will prepare a Lake or Streambed Alteration Agreement application for submittal to the California Department of Fish and Wildlife (CDFW) pursuant to Section 1600 et seq ofthe California Fish and Game Code. We will submit the application in draft form for team and City review and comments. Kleinfelder has allowed budget to address one round of consolidated and non- contradictory comments for this task. We will submit the final iteration to the CDFW and will follow up with CDFW staff during the process. Please be advised that in order for the request to be deemed complete, the CDFW will require a certified California Environmental Quality Act (CEQA) document for the proposed project. 2.4.4. Environmental Team Coordination (Task 4.4) Kleinfelder will provide environmental quality oversight (QC) for permit packages being prepared for submittal to the regulatory agencies. The oversight will include verifying with the design engineers the most current design footprint, verifying that the environmental document prepared for the project is in substantial compliance with the design, and reviewing the permit packages prior to submittal to the regulatory agencies Deliverables: • QC documentation for permits identified in 4.1,4.2, 3.4 2.5. Preparation of PS&E (Task 5.0) 2.5.1. 50% Submittal (Specs and Estimate) (Task 5.1) Kleinfelder will prepare a list of anticipated Standard Specifications for Public Works Construction ("Greenbook") special provisions and 2010 Caltrans Standard Special Provisions (SSPs). Kleinfelder will prepare a list of anticipated bid items based on the 50% plan set. Deliverables: • List of anticipated special provisions (PDF). • List of anticipated bid items (PDF) 2.5.2. 90% Submittal (Specs and Estimate) (Task 5.2) Kleinfelder will prepare an initial set of special provisions following the most recent version of the Greenbook specifications. The bridge related special provisions will be added in accordance with the 2010 Caltrans Standard Special Provisions. An electronic version of the specifications will be submitted in MSWord format for review. ,1 Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECTNO. 6042 July 14,2015 Page 13 Kleinfelder will prepare an engineer's estimate of probable cost based on the 90% plan set. Deliverables: • Draft project specific special provisions (PDF) • Draft Engineer's Estimate of Probable Cost 2.5.3. 100% Submittal (Specs and Estimate) (Task 5.3) Kleinfelder will update the project special provisions based on City comments and any changes to the project. Final special provisions will be signed and sealed for incorporation into the overall construction bid documents. Kleinfelder will prepare an engineer's estimate of probable cost based on the final 100% plan set. Deliverables: • Final project specific special provisions (PDF) • Final Engineer's Estimate of Probable Cost 2.6. Bid Support (Task 6.0) 2.6.1. Respond to Bid Phase RFIs (Task 6.1) Kleinfelder will respond to bid phase RFIs. 2.6.2. Preparation of Two Addenda Kleinfelder will prepare up to two bid phase addenda to cover minor changes to the bid set of plans. 2.6.3. Attend Pre-Bid Meeting A representative from Kleinfelder will attend the pre-bid meeting ITEMS NOT INCLUDED The following items of work have not been included in our fee proposal for this phase of the project: a. CEQA document, coordination, and processing (work is currently ongoing through a separate City agreement with LSA). b. Permitting and outside agency fees. c. Utility relocation plans (including undergrounding of the overhead electrical lines) except as mentioned in Section 2.2.3 of this scope. d. CLOMR and/or LOMR document preparation and coordination. e. Retaining wall and sound wall design. It has been assumed that the bridge will require short wing walls at both ends to accommodate the widening. No additional retaining walls or sound walls have been included in this scope. Exhibit A - Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD - PROJECT NO. 6042 July 14,2015 Page 14 f Architectural services including architectural schematics, renderings, design development, and material studies. g. Bridge retrofit, rehabilitation or replacement except as specifically noted in the scope of work above. h. LEED consideration or certification. i. Design for street drainage improvements j. Construction support services. ADDITIONAL PROVISIONS All materials, information and data prepared, developed, or assembled by Kleinfelder or furnished to Kleinfelder by the City of Carisbad for this project, including but not limited to documents, estimates, calculations, studies, maps, graphs, charts, computer disks, computer source documentation, samples, models, reports, summaries, drawings, designs, notes, plans, information, material, and memorandum ("Data") shall be the exclusive property of City of Carlsbad. Copies of Data may be retained by Kleinfelder. The data is not intended to be suitable for re-use by City of Carisbad or others on extensions of a project or any other project. Any re-use, without the prior written verification or adaptation by the Kleinfelder for the specific purpose intended, will be at the City of Carlsbad's sole risk and without liability or legal exposure to Kleinfelder. Kleinfelder will not take titie to or be liable for any hazardous materials found at the Project Site. Any risk of loss with respect to hazardous materials remains with the City of Carisbad or the Site owner, who will be considered the generator of such materials, execute ail manifests as the generator of such materials, and be liable forthe arrangement, transportation, treatment, and/or disposal of all material. All samples remain the property of City of Carlsbad. The City of Carlsbad agrees to promptly, at its cost, remove and lawfully dispose of samples, cuttings, and hazardous materials. The City of Carisbad will provide unimpeded and timely access to the Site, provide an adequate area for Kleinfelder's equipment storage, and parking, furnish all construction utilities and utility releases necessary for the performance of the geotechnical services, and obtain all permits, licenses or authorizations necessary for the performance of the geotechnical services. Kleinfelder's scope of work does not include constant or exhaustive inspection of the work, for the means, methods, techniques sequences or procedures of construction, or for the safety procedures employed by any party other than its own employees, subconsultants and subcontractors. EL CAMINO REAL BRIDGE IMPROVEMENTS AT C/UINON ROAD TASK ANALYSIS COST SUIVIMARY PER FIRM FIRM NAME Kleinfelder KleinleUer (Geotech) Simon Wong Engineering LSA AssoclMes Chang Consultants STC Traffic Epicl.and Solutions Agulne& Associates TOTAL 1.0 Project Element #1 - Prof ect Management 1.1 Project Management & Administration $ 52,700 $ $ $ $ $ $ $ $ 52700 1.2 Kidc^Offtieeliio $ 3,300 $ 650 $ $ $ $ 345 $ $ $ 4,295 1.3 Team Meetings - Assume 20 Total (i^'roject Duration) $ 26,370 $ 960 $ $ S 1,120 $ 1.380 $ $ $ 29,830 1.4 Monttily Status Reports $ 9.060 $ $ $ $ $ $ $ $ 9.060 1.5 Meeting Minutes $ 4.140 $ $ % $ $ $ $ $ 4,140 1.6 Sctiedule $ 4.960 $ $ S s $ $ $ $ 4.960 SUBTOTAL TASK 1.0 $ 100,530 i 1,610 t » i 1,120 $ 1,725 $ » t 104,985 ZO Project Element la - Investigation 2.1 Review of Existing City Data and Reports $ 4,930 $ $ $ $ $ 1,035 S $ $ 5,965 22 Field Review and Investigation of Existine Sle (with City) $ 3,370 $ $ $ $ $ 600 $ $ $ 3,970 23 Existing Utility identiScation, Cootdinalion, Base Mapping $ 9,160 $ $ $ $ $ S 11,194 $ 7,906 $ 28,250 24 Preliminary Constraints Coordination for City input $ 4.080 $ $ $ $ J $ S $ 4,080 26 Traffics Analysts for Construction impacts $ 205 $ $ $ $ $ 3,990 $ $ I 4,195 26 Volume Analysis for Tum Podcet Lengttis $ 205 $ S $ $ $ 990 $ $ $ 1,195 27 Prepare Project Alemalives Report induding Type Selection $ 50,070 $ 3.090 $ $ $ $ $ $ $ 53.160 SUBTOTAL TASK 20 t 72.010 $ 3,090 s $ » s 6,615 t 11,194 $ 7,906 $ 100,815 3.0 Project Elenient #3 - Engineering Services 3.1 Survey and ROW $ 920 $ $ $ $ s $ $ $ 920 Hotizor\tai and Vertlcai Conlrol $ $ $ $ $ $ $ $ $ Rigtit.of-Way Msppirrg $ $ $ $ $ $ $ $ $ Fina! Design Survey $ $ $ $ $ $ $ $ 17,024 $ 17,024 ROVIf and Easements $ $ $ $ $ $ $ $ 1,532 $ 1,532 3.2 (^ectmlcai $ 1,725 $ $ $ $ $ $ $ $ 1,725 Field invesligaiion and Latxiratory Tesling (2 Borings) $ $ 7,940 $ $ $ $ $ $ $ 7,940 Oralt Structure Fcundation Report $ $ 10,264 $ $ $ $ $ $ $ 10,264 Finai Structure Foundation Report $ $ 3,406 $ $ $ $ $ s $ 3,406 3.3 Hydraulics $ 965 $ $ $ $ $ $ $ $ 965 HEC RAS Analysis for Final Desjgn $ $ $ $ $ 8,400 $ $ $ $ 8,400 General and Local Sccur Analysis $ $ $ $ $ 2,800 $ $ $ $ 2,800 Final HydrauBcs Report $ $ $ $ $ 2800 $ » $ $ 2800 3.4 50% Plans $ 4.060 $ $ $ $ * $ $ $ 4.060 Bridse Design Calculations $ 41,600 $ $ $ % $ $ $ $ 41.600 Plan Preparation $ 36.340 $ $ 3,060 $ $ $ 13,170 $ $ $ 52.570 QAfQC arxl tnterdisciplinary review $ 6.900 S 650 $ 612 $ s $ $ $ s 8,162 50%Sut»iittaltcCity $ 10,100 $ $ $ * $ 300 $ $ $ 10,400 3.5 90% Plans $ $ $ $ $ $ $ $ $ Response to Comments $ 6,760 $ S 918 $ $ $ 1,095 $ $ $ 8,773 Bridge indeperxlent Ctieck Calcuiations $ 18,840 t $ $ $ $ $ $ $ 18,840 Plan Preparation $ 19,680 612 $ $ $ 4,890 $ $ I 26,182 QA/QC and Interdiscjpiinary review $ 6,600 $ 650 S 306 $ $ s $ $ $ 7,556 90% Submittal to City $ 4,140 $ $ $ $ $ 600 $ $ J 4,740 3.6 100% Plans (Final Submittal) $ $ $ $ s $ $ $ $ Resfwnse to Comments $ 4,040 $ $ 306 $ $ $ 300 s s s 4,646 Pian Prepatation $ 10,480 $ $ $ $ $ 2,595 $ $ $ 13,075 QA/QC and Inlerdiscipiinary review $ 11,180 $ 650 S 306 $ $ $ $ $ $ 12,136 100% Submittal to City $ 4,140 J $ $ $ s 3M $ $ $ 4,440 3.7 ROW / Easement Cootilination » $ $ $ $ $ $ $ J Preliminary Title Reports, Appraisals and Escrow $ $ $ s $ $ $ 1,413 $ $ 1,413 Negotiation and Partial /^ulsition (2 Parcels) $ % $ $ $ $ $ 3,688 $ $ 3.688 3.8 Draft and Final SWMP $ 7,940 $ $ $ $ $ $ $ $ 7,940 3.9 Draft and Final SWPPP $ 6,560 $ $ $ $ $ $ $ s 6,560 SUBTOTAL TASK 3.0 » 202,970 i 29,560 % 6,120 » i 14,000 t 23,250 $ 5,101 « 18,556 $ 293,557 4.0 Project Element #4 - Permitting and Processing 4.1 Seclion 404 Authorization $ 410 $ $ $ 6,380 $ J $ $ I 6,790 42 Section 401 CertiUcdion of Water Quality $ 410 $ $ $ 7,165 $ $ $ $ $ 7,575 43 CDFW Laire or Streambed Altetation Agteement $ 410 $ $ $ 6,380 $ $ $ $ s 6,790 4.4 Environmerrial Team Crxirdination $ 7,380 $ s $ 7,100 $ $ $ $ $ 14,480 SUBTOTAL TASK 4.0 $ S,610 » » % 27,025 $ $ » » s 35,635 S.0 Prtiject Element Its - Preparation of PS&E 5.1 50% Plans J $ $ $ $ $ $ $ $ Outline of Specjficalions $ 2,390 $ $ 1,224 $ $ $ $ $ $ 3,614 identify Ctianses to City^ Tedmical Specs $ 1,810 $ S 1,224 $ $ $ 780 s $ $ 3,814 Ust of Expected Bid Items $ 2,680 $ $ 1,224 $ $ $ 195 $ $ $ 4,099 5.2 90% Submittal $ $ $ $ $ $ $ $ $ Complele Set of SpectTicalionE $ 14,250 $ 960 $ 1,224 $ $ $ 390 $ $ $ 16,824 Engineers Estimate of Prot>able Cost $ 13,570 $ s 1,224 t $ $ 195 $ $ $ 14,989 5.3 100% Submittai $ $ » $ $ $ $ $ $ ResjXMise to Comments $ 3,600 $ 325 $ 612 $ $ $ 390 $ $ $ 4,927 Final Specificalions $ 6,040 $ 325 $ 1,224 $ $ $ 195 $ $ $ 7,784 Finai Engineers Estimate of Probable Cost $ 2,260 $ $ 612 $ $ $ 195 $ $ $ 3,067 SUBTOTAL TASK 5.0 « 46,600 $ 1,610 » 8,568 s % » 2,340 » $ t 59,118 6.0 Project Element #6 . Bkl Support 6.1 Respond to Bkl Phase RFIs » 6.380 $ 620 $ $ $ $ $ $ $ 7,000 6.2 Preparation of 2 Addenda $ 7.380 $ $ 612 $ $ $ $ $ I 7,992 6.3 fiitend Pre-Bid Meeting $ 1,580 $ $ 612 $ $ $ $ $ $ 2192 SUBTOTAL TASK S.0 $ 15,340 % 620 « 1,224 $ » » $ » » 17,184 TASK 1.0 - 6.0 SUBTOTAL $ 446,060 $ 30,490 $ 15,912 $ 27,025 $ 15,120 $ 33,930 $ 16,295 $ 26,462 $ 611,294 Direct Costs S 4,000 $ 30,800 $ 250 $ $ 1,000 $ 600 s 22,030 $ 3,460 $ 62,130 BASE SCOPE TOTALS « 450,060 i 61,290 $ 16,162 i 27,025 $ 16,120 $ 34,530 i 38,325 $ 29,912 s 673,424 1 Donna Heraty From: Donna Heraty Sent: Wednesday, July 29, 2015 4:42 PM 'cshannon@kleinfelder.com' Brandon Miles; Shelley Collins REQUIRED CONFUCT OF INTEREST Resolution No. 2015-050.pdf To: Cc: Subject: Attachments: To Whom It May Concern: You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is required to be filed with the City of Carlsbad City Clerk's Office. To file your Assuming Office statement, please follow the instructions below: • As reflected in the City Conflict of Interest Code-Resolution No. 2015-050 (attached), the employee(s) of your company that work directly with city staff are required to complete the Statement of Economic Interest Form (Form 700). Consultants are required to claim- Category (A) Investment and Real Property Disclosure Category (B) Personal Income Disclosure Category (C) Business Entity Income Disclosure Category (D) Business Position Disclosure • Your "Assuming Office" date for this filing is i • Even if there are no reportable interests, the cover page is still required to be completed with box "None" in Section 4 checked. • THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY ~~OQ__I'JYL.AlLGJJSLUL~Q!~,_ Mailing Address: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Other documents you may use as reference: ,I ; ; ( :. ) '_. ! ' ( ~ In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following completion of the agreement. **Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day, not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013. 1 If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772). Sincerely, Donna Heraty. Donna Heraty, CMC Deputy City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 1/Vww ,carl~t:Jacjc:_~,ggy p /60434-2808 f 760 720-6917 2