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Home My WebLink About2021-09-14; City Council; Resolution 2021-207RESOLUTION NO. 2021-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH CWE, A CALIFORNIA CORPORATION, TO PROVIDE ENGINEERING SERVICES FOR THE DRAINAGE MASTER PLAN FACILITY BFB-U, EL CAMINO REAL CHANNEL RESTORATION, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6622 WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable and in t he public interest to design and construct the Drainage Master Plan, or OMP, Facility BFB-U, El Camino Rea l Channel Restoration, Capital Improvement Program, or CIP, Project No.· 6622 (Project), which includes the city undertaking engineering design and environmental assessment; and WHEREAS, on Feb. 25, 2021, staff received four proposals from consultants for engineering design of the Project; and WHEREAS, a committee consisting of Public Works staff reviewed and rated the proposals based on best-value criteria consistent with Carlsbad Municipal Code Section 3.28.050(0)(2) and 3.28.060; and WHEREAS, staff selected CWE as the most qualified consultant for the Project; and WHEREAS, staff and CWE have negotiated the scope of work and associated fee in an amount not to exceed $549,928 to provide professional engineering services for the Project; and WHEREAS, sufficient Infrastructure Replacement funds are available to complete the engineering design of the Project. NOW, THEREFORE, BE IT RESOLVED by the City Cou ncil of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized and directed to execute the professional services agreement with CWE in an amount not to exceed $549,928 for design of the DMP Facility BFB-U, El Camino Real Channel Restoration Project, CIP Project No. 6622, which is attached hereto as Attachment A. 3. That the City Manager is authorized to extend the agreement for up to three subsequent one-year terms. Sept. 14, 2021 Item #3 Page 4 of 25 Sept. 14, 2021 Item #3 Page 5 of 25 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of September, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, Mayor ~V)t? 0V" FAVIOLA MEDINA, City Clerk Services Manager (SEAL) DocuSign Envelope ID: 363E0F0D-5450-4537-A3A0-5620956C98C6 PSA22-1584TRAN AGREEMENT FOR BFB-U EL CAMINO REAL CHANNEL RESTORATION SERVICES CALIFORNIA WATERSHED ENGINEERING, CORPORATION THIS AGREEMENT is made and entered into as of the 14th day of September , 2021, by and between the City of Carlsbad, a munic"al corporation, ("City"), and CWE, a California corporation, ("Contractor"). RECITALS A City requires the professional services of a consultant that is experienced in civil engineering and environmental documentation. B. Contractor has the necessary e,xperience in providing professional services and advice related to civil engineering and environmental documentation. C. Contractor has submitted a proposal to City under Request for Qualifications No. RFQ21-1368TRAN 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. ST ANDA RD 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 three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for three {3) 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 shall not exceed five hundred fourty-nine thousand nine hundred twenty-eight dollars ($549,928). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 Sept. 14, 2021 Item #3 Page 6 of 25 Sept. 14, 2021 Item #3 Page 7 of 25 DocuSign Envelope ID: 363E0F0D-545O-4537-A3A0-562D956C98C6 PSA22-1584TRAN 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 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 for the purposes of this section, and that this section will survive the expiration or early termination 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 California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 Sept. 14, 2021 Item #3 Page 8 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-5620956C98C6 PSA22-1584TRAN 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 quarterly listings report. 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 of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 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 Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. 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 Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions·. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on 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 of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 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 City Attorney Approved Version 6/12/18 3 Sept. 14, 2021 Item #3 Page 9 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 PSA22-1584TRAN 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. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Jason Evans Title Associate Engineer Department Public Works City of Carlsbad Address 1635 Faraday Ave. Carlsbad, CA 92008 Phone No. 442-235-0348 For Contractor Name Larry Tortuya Title Project Manager Address 1561 Orangethorpe Ave., Suite 240 Fullerton, CA 92831 Phone No. 714-526-7500 x216 Email ltortuya@cwecorp.com 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. City Attorney Approved Version 6/12/18 4 Sept. 14, 2021 Item #3 Page 10 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 PSA22-1584TRAN 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 Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ~ No □ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants 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 of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of wo~k that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 Sept. 14, 2021 Item #3 Page 11 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 PSA22-1584TRAN under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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 of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill City Attorney Approved Version 6/12/18 6 DocuSign Envelope ID: 363EOFOD-5450-4537-A3A0-5620956C98C6 PSA22-1584TRAN 26. AUTH,ORITY The individuals executing this Agreement and the instrurnents referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual at,1thority to bind Contractor to the terms and conditions of'this Agreement. CONTRACTOR CWE, a California corporation By: By: (sign here) Jason Toledo Pereira, President & Secretary (print name/title) (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of Califomia By: MATi HALL, Mayor ATTEST: FAVIOLA MEDINA, City Cler Services Manager If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement lnust be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President GroupB 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: CELIAA BREWER, City Attorney BY: __ ~------Assistant City Attorney Sept. 14, 2021 City Attorney }\pproved Version 6/12118 7 Item #3 Page 12 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 PSA22-1584TRAN EXHIBIT "A" SCOPE OF SERVICES City Attorney Approved Version 6/12/18 8 Sept. 14, 2021 Item #3 Page 13 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-5620956C98C6 Scope of Work The follo'lving subsections are detailed descriptions of the scope of work. Project Element 1 -Project Management CWE assumed a project duration of 18 months from NTP to final design submittal, v.ith a three (3) month advertising timeline to establish a schedule and estimate the number of project meetings. Task 1.1 -Meetings and Project Coordination Based on the estimated schedule timeline, 20 meetings are assumed, which includes the, Kick-{)ff Meeting, 2 agency coordination meetings, and 17 monthly check in meetings. Additional agency coordination will be combined with monthly project meetilgs. Meetings can be virtual, onsite, and wil depend on the current COVID-19 protocol. CWE will have one single point of contact for the City. CWE's approach to communication at the project management level includes weekly 5-minute check-in calls with the City PM to brieHy update on project status. Time to attend Public Outreach Meetings in support of City staff on technical questions is also included in this task. Deliverables: Meeting Agendas, Meeting Summaries, Monthly Progress Reports, and Invoices in electronic (PDF} fonnat. Task 1.2: Public Engagement Program Coordination Public Engagement is a key part of any project and it is important to help local residents visualize the quality-of-life improvement a project brings to the community. CWE will have two Public Engagement Coordinators available to assist the City's Public Engagement Program during Public Outreach Meetings. Innovative ideas for Public Engagement during COVID-19 restrictions may include pop-up events at local parks and schools. Pop-up events have been successful on previous projects including City of Torrance Stormwater Basin Expansion and Wingate Park in the City of Covina. We have budgeted coordination and support for up to four Public Outreach Meetings. Task 1.3 -Quality Assurance/Quality Control Reviews Quality Assurance and Control (QA/QC) is a significant part of CWE's management process. QA/QC time is included in Project Element 1. CWE's 0/VQC manager is Vik Bapna, a Principal of CWE that will not be involved in the day-to-day project activities. This provides a fresh pair of eyes for review from concept level to final design. Project Element 2 -Investigations Preliminary investigations such as verification of existing right-of-way, feasibifity of designs, cost effectiveness, community enhancements, and materials alternatives will all be evaluated as part of an Alternatives Technical Memorandum (TM). Task 2.1 -Environmental Studies The CWE team has identified the following studies as being necessary to support California Environmental Quality Act (CEQA) and environmental permitting processes: Biological Resources Assessment The CWE team will conduct a literature review to identify sensitive species known or reported to occur within the Project area. The literature review will Sept. 14, 2021 Item #3 Page 14 of 25 Sept. 14, 2021 Item #3 Page 15 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 include the California Natural Diversity Database (CNDDB) and the California Native Plant Society (CNPS) Electronic Inventory. A general on-site survey will be conducted by a biologist familiar with the habitats and sensitive resources of the region. A report will be prepared and will include a summary of the results of the literature review and the field survey. The report will include the following: ► Summary of survey methodology and results ► Graphic showing the Project location and vicinity ► Lisi of species observed during the site visit ► Discussion of plant communities and mapped soils ► Assessment of potential habitat value for sensitive species and identification of any additional focused species surveys that may be necessary ► Identification of areas that may potentially be considered waters of the United Stales, as defined by the United Slates Army Corps of Engineers (USAGE), waters of the State, as defined by the Regional Water Quality Control Board, streambeds, banks, and associated riparian vegetation subject lo the California Department of Fish and Wildlife (CDFW) jurisdiction, and jurisdictional wetlands, as defined by the California Coastal Commission (CCC) (a formal delineation of jurisdictional areas can be provided if deemed necessary following completion of this study). ► · A formal delineation of jurisdictional areas can be provided if deemed necessary following completion of the study ► Discussion of direct, indirect, and cumulative impacts of the proposed Project to sensitive biological resources and compliance with the City's Habitat Management Plan ► Graphics to show Project relationship to designated critical habitat areas and locations of any potential special species habitat or sensitive natural communities on the Project site ► Discussion of mitigation measures to minimize construction impacts in compliance with the City's Habitat Management Plan Paleontological Resources Assessment The CWE team will complete a fossil locality search through the San Diego Natural History Museum (SDNHM) to establish the status and extent of previously recorded paleontological resource within the Project area, as well as within the same or similar deposits as those found in the Project area. We will also examine current geologic maps of the Project area and review relevant geological and paleontological literature. This information will help determine which geologic units are present within the Project area and the types of paleonlological resources that may be encountered during Project implementation. A pedestrian survey of the Project area will be conducted lo note the sediments at the surface and whether any paleontological resources are present in the Project area, based on the results of the fossil locality search and literature review. Previously recorded localities, if any, within the Project area, will be field checked. We will document the results of the literature review, fossil locality search, and field survey in a paleonlological resources Technical Memorandum. This memorandum will discuss the potential for the Project to impact paleontological resources, and, if needed, will include mijigalion measures and other recommendations to minimize impacts. The CWE team anticipates up to three (3) submittals on the Draft Technical Memorandum. Archaeological Resources ·study The CWE Team will complete the following for the Archaeological Resources Study: Record Search: The CWE team will conduct an archaeological and historic resources review, and a literature search of the Project area and a 1.0-mile buffer through the South Coastal Information Center of the California Historical Resources Information System (CHRIS), located at San Diego State University, to determine if previously recorded archaeological resources exist in the Project area. The objectives of this search are to: Sept. 14, 2021 Item #3 Page 16 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 ► Establish the status and extent of previously recorded sites, surveys, and excavations in and immediately adjacent to the Project area ► Note what type of sites might be expected to occur in the Project area Archaeological Field Survey: The CWE team will conduct a systematic on-site pedestrian survey to determine the presence of archaeological resources in the Project area. Previously recorded archaeological sites in the Project area, if any, will be field checked, and existing State Department of Parks and Recreation (DPR) Series 523 forms will be updated consistent with the guidelines established by the State Office of Historic Preservation (OHP) to include newly identified sites, as applicable. The accuracy of th1s field survey is dependent on ground visibility. Archaeological Letter Report of Findings: The CWE team will prepare a SHPO ARMR format archaeological resources assessment report describing the methods and results of the record search and survey, and will also include recommendations. This Scope of Work.assumes negative findings. In the event of positive findings, the CWE team will notify the City and submit a contract amendment request. The estimate includes budget for response to two (2) sets of minor comments from the City (requiring a total of 12 hours to address). In the event more than two sets of minor comments require a response or issues develop necessitating any substantive unanticipated effort (that exceeds the estimate), a contract amendment will be necessary and a schedule adjust may also be required. Deliverables: Draft and Final Biological Resources Assessment Report in electronic (PDF) format, Paleontological Resources Technical Memorandum in electronic (PDF) format, and Archaeological Report of Findings in electronic (PDF) format. Task 2.2-Alternatives Technical Memorandum This TM will serve as a design road map. CWE will evaluate up to three (3) alternatives for the channel design and embankment protection. We will evaluate the footprint, cost, environmental impact, community benefits, and constructability for each alternative. CWE will develop a scoring matrix to prioritize each category. The best score in the matrix will be the recommended alternative. Potential design alternatives include, but are not limited to, armored side slopes with grade control structures, a series of sedimentation ponds, a hardscaped channel such as rock lining, or high- performance turf reinforcing mat. Preliminary design layouts of a preferred alternative will be used to establish channel improvement limits for enhancements, modifications, and impacts to existing habitat. Deliverables: Draft and Final Alternatives Technical Memorandum in Electronic (PDF) format. Project Element 3 -Engineering Services Once a preferred option has been identified and selected by the City, the project team will kick off engineering services. The following tasks are included in this project element. Task 3.1 -Land Survey As part of this task, CWE's licensed surveyor will research existing City record data for Survey Control, existing geodetic control, and design network plan. Field horizontal control will be established on North American Datum of 1983 (NAD 83), Zone 6 and vertical control on NGVD '29. Topographic mapping will be performed and Computer-Aided Design (CAD) and Digital Terrain Model (DTM) files will be provided at a scale of 1 inch = 20 feet. Cross-sections of the channel will be taken at SO-foot intervals. Sept. 14, 2021 Item #3 Page 17 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-5620956C98C6 Deliverables: Electronic copy of all field surveys in AutoCAD. Task 3.2 -Geotechnical Investigation The following tasks are anticipated for Geotechnical Engineering: ► The CWE team will review existing geotechnical data provided by the City and provide recommendations for channel improvement based on the current existing conditions. ► Slope Stability Analysis: Slope stability analysis is needed for slopes steeper than 3H:1V with height of more than five (5) feet. Exploratory borings will be performed from El Camino Real street and/or from the maintenance path located along the east side of the existing channel based on the proposed channel improvement with steeper slopes. ► We will collect soil samples from the bottom channel area and perform gradation analysis. Scour analysis will be performed as part ofTask 3.4. Task 3.3-Hydrologic Modeling CWE will develop a hydrologic model based on the City/County standard hydrology methodology. The San Diego County Hydrology Manual will be used to establish hydrologic characteristics such as land use, soil types, and impervious area ratios. Included in this task is field verification of the watershed delineation. The 100-year 6-hour event will be used as the design storm, to meet Carlsbad design standards. Deliverables: Hydrology Maps in electronic (PDF) format, GIS Shape Files of revised watershed delineations. Task 3.4-Hydraulic Modeling CWE will use the design flow rates established in Task 3.3 and the topographic mapping in Task 3.1 to create an open channel model in the Hydraulic Engineering Center's River Analysis System (HEC-RAS). HEC-RAS models hydraulic characteristics such as flow depth and velocity. HEC-RAS output will be used to perform scour calculations to evaluate long-term, local, and bend scour. Deliverables: Hydraulics Data Output, and Scour Calculations in electronic (PDF) format (one [1) electronic PDF copy of each). Task 3.5-Hydrology and Hydraulics Report A Hydrology and Hydraulic Basis of Design Report will be included with this task. This report will summarize all results and discuss hydrologic characteristics from Tasks 3.3 and 3.4. Also included in the report will be existing and proposed condition HEC-RAS models, which will be the basis for estimating the extent of scour protection and grade control measures. Results of these models will also be used in evaluating sediment transport (if needed). Modeling will be performed after a preferred alternative is chosen, prior to the establishment of 30% design plans. Deliverables: Draft and Final Hydrology and Hydraulics Report in electronic (PDF) format (one [1) electronic PDF copy of each). Task 3.6: Stormwater Quality Management Plan and Standard Project Requirement Checklist (SWQMP, E-35, E-36) Sept. 14, 2021 Item #3 Page 18 of 25 DocuSign Envelope 10: 363E0F0D-545D-4537-A3A0-5620956C98C6 As part of the City's Municipal Separate Storm and Sewer System (MS4) permit, stormwater quality regulations must be addressed lo comply with the City's BMP Design Manual, and the current National Pollutant Discharge Elimination System (NPDES) permit. We will prepare a 90% SWQMP using the E-35 template. The SQWMP will provide recommendations for BMPs in accordance with the City's standards. Deliverables: Draft and Final SQWMP in electronic (PDF) format (one (1] electronic PDF copy of each). Task 3.7 -30% Design Plans CWE will develop design plans based on the preferred concepts from Task 2.1 and some of the recommendations for improvements of laterals within the creek. The 30% design plans will show the final materials, profile, and sections of the creek. Hydraulic structures will be located and sized within the main creek. The plans will conform to the content and presentation requirements of the City of Carlsbad, including, but not limited lo: ► Tille sheet (1 sheet) ► Plan and profile sheets, including creek cross sections -1" = 20' scale (9 sheets) ► Survey control sheets (5 sheets) The plans will be prepared using AutoCAD Civil 3D using the conceptual plans included in Task 2.1 . We anticipate up to 15 sheets will be included in the 30% design plan submittal. Plans will be modified to align with recommendations from Task 2.1 following City approval. We assume the City requires 15 working days to review the plans and is included in the schedule. Deliverables: 30% design plans (one [1] PDF format) for one (1) submittal ~ _ Task 3.8 -70% Design Plans We will prepare 70% design plans based on comments received on the 30% design plans. The 70% design plans will include additional sections, profiles, dimensions, and other details for the geometric design of Project features. The 70% design plans will include details related to drop structures, energy dissipaters, riprap and filter layers, side drainage inlets, wingwalls, and headwalls. Details will include structural reinforcement at this phase. The plans will continue to follow the City's design standards, including the following sheets in addition to those identified in the 30% design plans, resulting in up to 20 sheets: ► Connector pipe/side drainage inlet profiles (1 sheet) ► Grade Control and Embankment detail sheet (1 sheet) ► Miscellaneous drainage detail sheets (1 sheet) ► Channel Construction sections (2 sheets) ► Landscape and Planting Plans (7 sheets) We assumed the City requires a minimum of 15 working days to review the plans and is included in the schedule. One of the monthly meetings included in Task 1.1 will be used lo discuss comments and how to move forward on the 90% plans. Deliverables: 70% design plans (one [1] PDF format) for one (1) submittal. Task 3.9-90% Design Plans CWE will refine the 70% design plan submittal based on comments received from the 70% design submittal and will incorporate final refinements to the drawings, maintenance sheets, traffic control sheets, and structural and reinforcing details. The plans will Sept. 14, 2021 Item #3 Page 19 of 25 DocuSign Envelope ID: 363E0F0D-545O-4537-A3A0-562O956C98C6 continue to conform to the latest version of the City's Design Standards. The following additional sheets will be incorporated into the package, resulting in up to 30 sheets: ► Structural/reinforcing detail sheet (1 sheet) ► Erosion control plan sheets and details ► Landscape and Irrigation Details We have assumed a 15 working day review for the City and have included it in the schedule. One of the monthly meetings included in Task 1.1 will be used to discuss comments and how to move forward on the 100% plans. As a cost savings opportunity to the City, CWE recommends combining the 100% and Final submittals into one Final submittal. As such, CWE will perform a final field check with City staff prior to finalizing the plans. Visiting the field with the 90% design plans will provide an additional QA/QC benefit, as we will be able to visualize improvements, existing conditions, and constructability challenges. Deliverables: 90% design plans (one [1] PDF format) for one (1) submittal. Task 3.10: 90% Stormwater Pollution Prevention Plan The area of soil disturbance within the Project site will be greater than one acre and require coverage under the Construction General Permit (CGP). We will prepare a 90% Stormwater Pollution Prevention Plan (SWPPP) using the template provided by the City. The erosion control plans prepared for inclusion in the SWPPP will be included in the design plan package. We assume the City (or the selected contractor) will submit the SWPPP to the State Water Resources Control Board with a Notice of Intent once construction starts. We will prepare a 90% SWPPP, excluding specific information regarding the construction contractor. The SWPPP will need to be revised by the selected contractor to include contractor information, which is unknown during design. Deliverables: 90% SWPPP in electronic (PDF) format (one [1] hard copy and one [1] electronic PDF copy). CWE will revise the design package based on comments received from the City. Task 3.11 : Final Field Check and 100% Plans We will make final changes to the design plans based on field observations and comments received from the City following the 90% submittal. We assume significant revisions regarding structure sizing, alignments, and overall approaches will not be made at this phase and will have been worked qui during previous submittals. We do not anticipate any new sheets being added at this phase. We will follow the City's procedures for digital signatures and plan creation to submit the final plans electronically. We assume the City will produce mylars if needed. Deliverables: Final signed and stamped design plans in electronic (PDF) format. Project Element 4 -Permitting and Environmental Processing The CWE team has reviewed the Carlsbad Drainage Master Plan, prepared on July 3, 2008, which has identified Facility BFB-U, also known as the El Camino Real Channel Restoration project, as not requiring any regulatory permits. Therefore, in the subsections below, CWE has identified optional tasks in the event that regulatory permits are required, based on the results of the Biological Resources Assessment. Task 4.1 -CEQA Documentation CWE will develop an Initial Study (IS) and a Mitigated Negative Declaration (MND) under CEQA for the proposed channel restoration. We will also prepare a Mitigation Monitoring and Reporting Program (MMRP) based on the mitigation measures identified in the IS/MND. We have assumed that the Draft IS/MND will be reviewed by City staff. We anticipate making up to two (2) revisions to incorporate City comments in the draft IS/MND to prepare it for public review .. During those iterations with City staff, the City Sept. 14, 2021 Item #3 Page 20 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 Planner will review for consistency with City Guidelines and CEQA, per the City's Municipal Code. It is anticipated that the MND will be the appropriate CEQA document; However, if ii is determined there are significant environmental impacts that cannot be mitigated to a level of less than significant, there will be a need to modify this scope and contract. The City will be the lead agency. The IS and MND will be prepared per CEQA Section 15063 and 15070. The CEQA document will be based on the premise that land use will not be changed as a result of the Project and current conditions, such as long- term air quality, water quality, or other local environmental impacts are not expected to be altered by the Project since the changed condition will be a reduction of sediment in downstream receiving waters. The presence of endangered or threatened species and cultural resources will be assessed under the subtask above and information from those studies will be incorporated into the documentation as part of this task. To evaluate the potential impacts, we will take the following steps: ► Complete the studies indicated in Task 4.1 ► Complete the project description for the evaluation of short-term impacts during construction and long-term impacts after project completion ► Complete the IS checklist used by the City. Describe the mitigation measures for short-term construction impacts. The impacts may require Tier Ill construction equipment, limiting operating hours, complying with the Construction General Permit (CGP) for stormwater runoff, and other standard construction impact mitigation measures. Mitigation for long- term impacts is not anticipated. ► Complete the Notice of Determination (NOD) for the City to certify the project as a MND. The MND will be circulated for a 30-day public review. We have assumed that AB 52 compliance will be necessary as the drainage area is natural and minimally disturbed. We will prepare public notices, response to comments, final MND, and the NOD. We have assumed that the City as the lead agency, will distribute all notices and documents, and will pay all filing fees, which are not included in the fee proposal. Deliverables: Draft and Final IS/MND, NOD, response to comments, and certification in electronic (PDF) format. Task 4.2: Habitat Management Plan Coordination/Permitting The CWE team will work with the City to implement the City's Habitat Management Plan into the channel restoration design. During the Biological Assessment study, we will map the vegetation found along El Camino Real Channel, if it is found in the Habitat Management Plan. We will also coordinate with the City to establish a design plant palette in accordance with the City's Habitat Management Plan. Once the Habitat Management Plan updates have been decided, CWE will assist the City in obtaining a Habitat Management permit from the necessary stakeholders. CWE will follow City Development Services, Planning Division form P-17 for collating the requirements for a Habitat Management Permit. · Task 4.3 thru 4.4-Regulatory Permits/ Jurisdictional Delineation (JD) Should the Biological Resource Assessment identify areas that may be considered jurisdictional wetlands or waters of the United States, then a jurisdictional delineation will be required: If the jurisdictional delineation determines that the proposed Project area is a wetland or is within waters of the United States, a Section 401 certification, a Section 404 Permit, and a 1602 Stream Alteration Permit will be required. A Coastal Development Permit will not be required as the Project is located outside the Coastal Zone. Task 4.5 -Hillside Development Permit Exhibit Sept. 14, 2021 Item #3 Page 21 of 25 OocuSign Envelope ID: 363E0F0O-545O-4537-A3AQ..562O956C98C6 This task includes coordination with the City in the processing of the Hillside Development permit. This task assumes the City will develop the permit application package, associated forms, and submittals. CWE will provide to the City a colored slope analysis exhibit, and slope profiles for the channel improvements. CWE will provide to the City the above exhibits electronically in PDF. Task 4.6 -Special Use Permit Coordination This task includes coordination with the City in the processing of the Special Use permit. This task assumes the City will develop the permit application package to support the development of the application package. We understand, if the channel is designated as a wetland during the Jurisdictional Delineation (JD) process, a Special Use permit application will be submitted by the City including the check list items required. To support the City's permit application, CWE will provide the site plan with limits of improvement within the channel for grading and drainage. Sept. 14, 2021 Item #3 Page 22 of 25 DocuSlgn Envelope ID: 363E0F0D-545D-4537-A3A0-562O956C98C6 Project Element 5 -Preparation of Specifications and Estimates Technical Specifications and Engineer's estimates of probable costs will be produced at the various milestones, in conjunction with the design plans as stated in the tasks below. Task 5.1 -30% and 70% Specifications and Engineer's Opinion of Probable Costs CWE will prepare a bid schedule in the standard City format, which we assume will be provided by the City. We will review the plans to verify improvements are captured by a bid item in the schedule and a construction note. Our cost opinion template includes a space for construction notes and specifications to confirm improvements are covered in the bid. We will use similar strategies for the Project. We will identify quantities consistent with the City's standard payment method. We will research unit costs to establish a cost opinion. We will review the City's Planning Unit Cost Sheets and bid results from recent projects as part of our opinion. CWE will utilize the City's boilerplate for technical specifications and create an outline that includes necessary sections included in these milestones. Deliverables: Preliminary construction cost opinion and Outline of Technical Specifications and Preliminary Bid Item List (one [1] hardcopy and one [1] PDF electronic format). Task 5.2: 90% (Draft) Specifications and Engineer's Opinion of Probable Costs CWE will prepare 90% (draft) specifications using the City's Specifications Boiler Plate, and an Engineer's Opinion of Probable Costs, to be submitted with the 90% Design Plans. We assume the latest version will be provided by the City. We will confirm that the Project elements are covered in the specifications. We will use the bid items and construction notes to verify the proposed improvements will be captured by the Contract Documents. We will verify that the terminology is consistent between the plans, specifications, and bid items. This is something we confirm on each of our design projects, as consistent terminology takes away the selected Contractor's need to make assumptions. Specifications will be finalized as part of Task 5.3. Deliverables: Draft specifications (one [1] hard copy and one [1] electronic PDF copy). Task 5.3: Final Specifications and Engineer's Opinion of Probable Costs CWE will finalize the cost opinion based on comments received from the City and changes made to the design plans and specifications. We will review the cost opinion lo confirm it aligns with the plans and specifications and that proposed improvements are captured by the bid. We will update quantities and reduce contingencies. The final cost opinion will include final bid items, quantities, units, unit costs, and a final total cost opinion. CWE will finalize the specifications based on comments received by the City and changes made to the plans and cost opinion. As mentioned in the subtask above, we will confirm the plans, specifications, and bid items are in alignment and agreement and include the proposed components. Deliverables: Final Specifications and Engineer's Opinion of Probable Costs in electronic (PDF and editable) format. Sept. 14, 2021 Item #3 Page 23 of 25 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 Project Element 6 -Bid Services The following tasks include design support through the bid and construction phases of the project. Task 6.1 -Bid Support Services The CWE team will provide the civil engineering support services during the bidding. All services are subject to the request, direction, and authorization of the City. CWE shall act in a supporting role to the City by providing professional services on an as-needed basis. Due to the difficulty of predicting the amount of time required, a budget amount of 20 man-hours was allocated for this task. Deliverables: Contractor RFl's up to "Not to Exceed" Responses in electronic (PDF and editable) format. Task 6.2 -Construction Support Services CWE will provide field support services during construction of the project. Services may include submittal/shop drawing review, response to requests for information, and plan modifications or delta revisions: The revisions will be recorded on Engineer's Construction Set of plans and converted to As-built drawings at project close out. This task should include a "not to exceed amounr to be agreed upon during establishment of the fee. Deliverables: RFl's and Submittals up to "Not to Exceed," and As-Built-Drawings (PDF and editable) format. PSA22-1 584TRAN Exhibit "A" (continued) Coty of Carlsbad • O,amge Hast.,. Plan Facil;iy BfB·U -El Camno Real Channel R...,.....,.. l"ofesisionalSeMc»Fee ~ l7f =on<Xl/03/2021 Task I.I 1.2 1.3 Meetjro;.ind Pu'-: Ox,rdnation, 20 mCoordnation 4 ,litvc.or«rolReYiews Total t27154 76 Jll.132 2 I 2.1 2.2 3 3.1 3.2 3.3 3.4 3.5 · . _· ----+-----===-1787 124534 >23.882 u9,sn 1•906 Ii~ 3.6 3.7 and""'.-..ks --~""'-"'"'PlanandSl:ardanl Requrement --...... ~-.... ,. ...... , 3.8 3.9 3,10 3,U 4 4,1 4,2 4.3 4,4 4.5 4.6 s Use PMnit 1naoon ration of tions and Estimates S.I ~ and 70% Specincations and Enigwf's Opirion « ~ob..t. S.2 ;; S.3 . 6 Bid 6.1 sOnif'IOl"lot Pro Costs 6.2 SeMces Tool Fee and Ho<rs M Oirea ExtJense Costs are D11eCJ at Cost+ 10% Sept. 14, 2021 19056 >IA26 «9783 •3 J/,646 <16,448 I <19,m 111276 52 .... 196 tl0,5S6 $549,928 ~~ ~ Project Tasl< Project S<all Sri,, Env Lic..-.ed -•-P GIS . . CAO Project Adrin n ... -,.-.::~. Manager Lsdet-Eng nee, engneer &w Sci Scientist ~ -~ ~iaist ~r~:mg Designer Coorcinattlr Assistll"lt $271 J2Qi $229 $193 $160 $130 $165 $129 $175 $181 $130 $104 $83 $105 $87 Mleage $0.560 18 80 20 20 400 4 16 16 12 20 20 1 2 4 4020 2 4 12 24 36 60 16 110 2 8 2 40 U ~ 12 12 m ~ 60 u 2 4 8 2 24 00 2 8 48 120 156 100 36 S2 110 75 24 40 80 SO 6 8 16 36 24 2 ◄ ◄ 20 n 160 a 2 8 4 24 24 1 2 8 12 24 24 2 4 2 6 2 6 24 72 24 12 40 12 4 16 4 8 4 12 12 8 24 ~ n = = = = --= = ll S6 24 24 12 120 80 60 8 40 12 16 24 420 200 1000 100 100 100 20 20 $L064 OOCs $0 Item #3 15A $25,890 7,280 t7.700 $60,870 $17,875 $17,875 Page 24 of 25