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California Watershed Engineering; 2021-09-14; PSA22-1584TRAN
PSA22-1584TRAN City Attorney Approved Version 9/27/16 1 AMENDMENT NO. 1 TO AGREEMENT FOR BFB-U EL CAMINO REAL CHANNEL RESTORATION SERVICES CWE This Amendment No. 1 is entered into and effective as of the ______ day of _________________________, 2022, amending the agreement dated September 14, 2021 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and CWE a California corporation, (“Contractor") (collectively, the “Parties”) for environmental and engineering design services related to the BFB-U El Camino Real Channel Restoration Services Project. RECITALS A. The Parties desire to alter the Agreement’s scope of work to replace the geotechnical engineering subconsultant, perform an onsite investigation and prepare a geotechnical report with engineering analysis and recommendations for the channel restoration project; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed five hundred fifty-five thousand seven hundred fifty-eight dollars ($555,758). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed five thousand eight hundred thirty dollars ($5,830). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by December 31, 2022. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: 7EBB5FCC-3B8D-4861-9DD2-B8FDEA1B91FE September 12th PSA22-1584TRAN City Attorney Approved Version 9/27/16 2 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 7EBB5FCC-3B8D-4861-9DD2-B8FDEA1B91FE PSA22-1584TRAN City Attorney Approved Version 9/27/16 3 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California CWE, a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Vikram Bapna, President (print name/title) By: (sign here) Jason Toledo Pereira, Secretary (print name/title) 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 Group B Chairman, President, or Vice-President 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: CINDIE K. MCMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 7EBB5FCC-3B8D-4861-9DD2-B8FDEA1B91FE PSA22-1584TRAN City Attorney Approved Version 9/27/16 4 EXHIBIT “A” SCOPE OF SERVICES AND FEE GEOTECHNICAL SCOPE OF WORK The scope of work includes a site visit, and a field exploration program to provide geotechnical recommendation for the channel restoration. Field Investigation The field exploration will consist of drilling four (4) borings along the channel alignment, and it’s estimated that the drilling will take one day to complete. The details of the field program include: • Drilling four (4) track mounted hollowstem auger (HSA) boring to a maximum depth of 10 to 20 feet below existing ground surface (bgs) or refusal. • Obtaining the required permits from the San Diego County Department of Environmental Health, marking the exploration locations, and notifying Underground Service Alert, as required by law. • Performing the field explorations under the supervision of an engineer/geologist, who will maintain a detailed log of the borings and assist with obtaining soil samples. • Relatively undisturbed ring samples alternated with Standard Penetration Tests (SPT) will be taken in the borings at a maximum depth interval of 5 feet. All samples will be taken to a laboratory for further visual examination and laboratory testing. In addition, large representative bulk samples will also be collected. • Per current requirements of the Environmental Health Department, upon completion, borings that encounter groundwater need to be backfilled with high solid content bentonite grout. • The locations of the borings will be marked using white painted wooden stakes driven into the ground or white paint if on paved areas. • Generate and submit a Boring Completion Memorandum following field investigations in accordance with the County of San Diego DEH Monitoring Well Program Laboratory Testing The laboratory testing program will be aimed at evaluating the physical, engineering and chemical (corrosion) properties of the site soils and includes the following types of tests: • Moisture Content/ Density • Atterberg Limits • Grain Size Analyses • Expansion Potential • Compaction • Corrosivity tests Geotechnical Report and Engineering Analyses The geotechnical report will summarize the data collected, present the engineering evaluations, and present the design recommendations. The geotechnical report will include: • Plot plan showing the location of exploratory borings. • Boring logs with a description of subsurface soil, bedrock and groundwater conditions • encountered. • A description of the geologic conditions and the general engineering characteristics of the subsurface materials underlying the site. DocuSign Envelope ID: 7EBB5FCC-3B8D-4861-9DD2-B8FDEA1B91FE PSA22-1584TRAN City Attorney Approved Version 9/27/16 5 • Identification and a summary discussion of the primary geotechnical factors impacting project site. • Discussion of soil erodibility considerations based on soil classification. • Geotechnical channel restoration recommendations, including unsuitable soils removal, excavations, placement of compacted fill/backfill, and reuse of excavated materials. • Geotechnical recommendations to maintain channel grade and limit channel erosion/ slough. • A discussion of soil corrosivity with respect to concrete and metals. • A discussion of any anticipated construction‐related issues, as applicable. SCHEDULE It is anticipated that work will commence upon receipt of Amendment authorization. Field work typically occurs within four (4) weeks of notice to proceed and is contingent on the drilling sub-contractor’s availability. It is anticipated that the field exploration will be completed in one (1) day. The laboratory testing program will take approximately two (2) weeks to finish after completion of the field exploration. It is estimated that the geotechnical investigation report will be submitted approximately 3 to 4 weeks after completion of the field explorations. Following an initial review of the draft report by the City, the prime consultant and geotechnical subconsultant will address any redlines/comments in a revised report. FEES The fee for the above scope of work will be billed as a lump‐sum amount of $5,830. This amendment is for the replacement the geotechnical subconsultant and includes a corresponding (revised) scope and fee. Please note that PSA22-1584TRAN initially allocated $19,877 for Task 3.2 Geotechnical Investigations. These funds will be combined with this amendment so that a total of $25,707 will be available under Task 3.2. In summary, this amendment aims to replace the geotechnical consultant and complete the updated geotechnical scope for $5,830. DocuSign Envelope ID: 7EBB5FCC-3B8D-4861-9DD2-B8FDEA1B91FE ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/3/2021 License # 0757776 (714) 739-3184 (951) 231-2572 44520 CWE 1561 E. Orangethorpe Avenue Suite 240 Fullerton, CA 92831 44393 35076 A 2,000,000 X X EPK-137943 12/8/2021 12/8/2022 100,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000B BAW57609336 12/8/2021 12/8/2022 1,000,000A EFX-119354 12/8/2021 12/8/2022 1,000,000 C X 9170147-21 12/1/2021 12/1/2022 1,000,000 1,000,000 1,000,000 A Professional Liab EPK-137943 12/8/2021 Each Wrongful Act 2,000,000 A Professional Liab EPK-137943 12/8/2021 12/8/2022 Aggregate 4,000,000 City of Carlsbad/CMWD, its officers, officials, agents, employees and volunteers are Additional Insured with regard to the General Liability policy, when required by written contract, per the attached endorsement form EN0111 02/11. Coverage is Primary & Non –Contributory with regard to the General Liability policy, when required by written contract, per the attached endorsement form EN0147 11/11, Waiver of Subrogation included. Waiver of Subrogation applies to the Workers Compensation policy, when required by written contract, per the attached endorsement 2572. City of Carlsbad/CMWD 1200 Carlsbad Village Drive Carlsbad, CA 92008 CWE0000-01 RDEANDA HUB International Insurance Services Inc. 6 Centerpointe Drive Suite 350 La Palma, CA 90623 Irene Laine cal.cpu@hubinternational.com Crum & Forster Specialty Insurance Company West American Insurance Co State Compensation Insurance Fund of California X 12/8/2022 X X X X X X DocuSign Envelope ID: 7EBB5FCC-3B8D-4861-9DD2-B8FDEA1B91FE ACORD. I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I CWE Policy Number: EPK-137943 Effective Dates: 12/08/2021 - 12/08/2022 DocuSign Envelope ID: 7EBB5FCC-3B8D-4861-9DD2-B8FDEA1B91FE THIS\ ENDORJEMENT GRANGES THE POLII¥. PLEASE IE.ICUT GAREFULL'f~ ADD;ITIONAL, INSU,RED-OWNERS:, LESSEES, OR CONTRACTORS 'Tbi~ enwr•~1 mt1dffl~•'1m1ura:n~e pro~ .. 'underfh~toliow~: ,~a/N!rvt'l'l .elA: ~t){AJ.. GENE,~AL J..l~ll-lTV ~~~ PA~t "" :eroai POLU.t'rtO~ LlMJUff 00\fERAGE PART SC:HeDULE &EQTIDN ill .... WHO .IS -INSURED Within tbe Comffltli1 PtmSiont is a:mended .~. include as an addittebal lni$~, tht JJef••nls:~ gr rwgl\fliz1:Jifnt•1 111~~ 'in· im :~\.Ile: :shrQwn: ;~~-·~ on~ ·•wm,.·. re$~ w uuUtt! ~. irrwhoieot tn pr,:ftt wr "yQurw,tW' fertnatlnaur:10,wn.1~ is:pe:rfermeei tr,r~® er tr: t~,.mg :en y:a\.lr behalf.. · ·· · AU DTHERTERMS AND GDNDlTtaliS DFTHE PClltO'f' REUIN UN:CHANGEC •. Insured Name: CWEPolicy #: EPK-137943Policy Term: 12/8/2021 - 12/8/2022DocuSign Envelope ID: 7EBB5FCC-3B8D-4861-9DD2-B8FDEA1B91FETHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Oraanization(s) Where Required by Written Contract A. SECTION Ill -WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0147-1111 Page 1 of 1 DocuSign Envelope ID: 7EBB5FCC-3B8D-4861-9DD2-B8FDEA1B91FE STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COMF'ENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO EFFECTIVE DECEMBER 1, 2021 AT 12. 01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING DECEMBER 1, 2022 AT 12. 01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME CWE 1561 E ORANGETHORPE AVE STE 240 FULLERTON, CA 92831 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9170147-21 RENEWAL SP 7-84-15-94 PAGE 1 OF NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 2572 ~;{:5{ DECEMBER 2, 2021 d~,,,r, .di~<:~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7·2014) OLD DP 217 1 DocuSlgn Envelope ID: 363EOF00-5450-4537-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. 8. Contractor has the necessary experience 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. 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 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 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 OocuSign Envelope ID: 363E0F0D-545O-4537-A3A0-562O956C98C6 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 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 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 IZI No □ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed offederal, 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 DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562O956C98C6 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. 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 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 California By: MATT 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 must 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: CELIA A. BREWER, City Attorney BY: __ ~------ Assistant City Attorney 7 Ci~ Attorney Approved Version 6/12118 PSA22-1584TRAN City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 Scop The followin with monthly have one si weekly 5-mi support of C Deliverable Task 1.2: Public Enga a project bri Engagemen may include of Torrance for up to fou Task 1.3 Quality Assu Element 1. activities. T Projec Preliminary enhanceme Task 2.1 The CWE te support Cal permitting p Biologica The CWE te known or re pe of W ng subsections a y project meetin ngle point of con inute check-in ca City staff on tech es: Meeting Age : Public Eng agement is a key ngs to the comm nt Program durin e pop-up events Stormwater Bas ur Public Outreac – Quality A urance and Con CWE’s QA/QC This provides a fr t Elemen investigations s ents, and materia – Environm eam has identifie ifornia Environm processes: al Resources eam will conduct eported to occur Work are detailed desc gs. Meetings ca ntact for the City alls with the City nical questions i ndas, Meeting S gagement P y part of any proj munity. CWE wi ng Public Outrea at local parks an sin Expansion an ch Meetings. Assurance/Q trol (QA/QC) is a manager is Vik resh pair of eyes nt 2 – Inve uch as verificatio als alternatives w mental Studi ed the following mental Quality Ac s Assessment t a literature revi within the Projec criptions of the s Proj CWE a submitt and est Task Based include monthly an be virtual, ons y. CWE’s approa y PM to briefly up is also included Summaries, Mon Program Co ject and it is imp ll have two Publ ch Meetings. In nd schools. Pop nd Wingate Park Quality Con a significant part Bapna, a Princi s for review from estigation on of existing rig will all be evaluat es studies as being ct (CEQA) and e t ew to identify se ct area. The lite cope of work. ect Elem assumed a proje tal, with a three timate the numb 1.1 – Meeti on the estimated es the, Kick-off M y check in meeti site, and will dep ach to communic pdate on project in this task. nthly Progress R oordination portant to help lo ic Engagement nnovative ideas f p-up events have k in the City of C ntrol Review t of CWE’s mana pal of CWE that m concept level to ns ght-of-way, feasi ted as part of an g necessary to environmental ensitive species erature review wi ment 1 – P ct duration of 18 (3) month adver ber of project me ings and Pr d schedule time Meeting, 2 agenc ings. Additional pend on the curr cation at the pro t status. Time to Reports, and Invo n ocal residents vis Coordinators av for Public Engag e been successf Covina. We have ws agement proces t will not be invol o final design. bility of designs, n Alternatives Te ill Project M 8 months from N rtising timeline to eetings. roject Coord line, 20 meeting cy coordination m l agency coordin rent COVID-19 p oject manageme o attend Public O oices in electron sualize the qualit vailable to assist gement during C ful on previous p e budgeted coor ss. QA/QC time lved in the day-t , cost effectivene echnical Memora anagem NTP to final desig o establish a sch dination gs are assumed, meetings, and 17 nation will be com protocol. CWE w nt level includes Outreach Meetin ic (PDF) format. ty-of-life improve the City’s Public COVID-19 restric projects including rdination and su is included in Pr to-day project ess, community andum (TM). ent gn hedule which 7 mbined will s gs in ement c ctions g City pport roject DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 include the A general o will be prepa following: Su G Li D As th Id Ar st (C de A D co G ha D Pl resources a recorded loc fossil locality the potentia recommend Memorandu Archaeo The CWE T Record Sea Project area Information resources e The objectiv California Natura n-site survey wil ared and will inc ummary of surve raphic showing t st of species ob iscussion of plan ssessment of po at may be neces entification of ar rmy Corps of En reambeds, bank CDFW) jurisdictio elineation of juris formal delineati iscussion of dire ompliance with th raphics to show abitat or sensitiv iscussion of miti lan are present in the calities, if any, w y search, and fie al for the Project dations to minimi um. logical Reso Team will comple arch: The CWE a and a 1.0-mile System (CHRIS exist in the Projec ves of this searc al Diversity Data l be conducted b clude a summary ey methodology the Project locat served during th nt communities a otential habitat va ssary reas that may po ngineers (USACE ks, and associate on, and jurisdicti sdictional areas on of jurisdiction ect, indirect, and he City’s Habitat Project relations ve natural commu gation measures e Project area, b within the Project eld survey in a p to impact paleon ze impacts. The ources Study ete the following team will condu buffer through t S), located at Sa ct area. h are to: abase (CNDDB) by a biologist fam y of the results o and results tion and vicinity he site visit and mapped soi alue for sensitive otentially be cons E), waters of the ed riparian vege onal wetlands, a can be provided nal areas can be cumulative impa t Management P ship to designate unities on the Pr s to minimize co Paleo The CW Natura previou as with We wil relevan determ types o implem to note based on the res t area, will be fie paleontological re ntological resour e CWE team ant y for the Archaeo ct an archaeolog he South Coasta n Diego State U and the Californ miliar with the ha of the literature re ls e species and id sidered waters o e State, as define etation subject to as defined by the d if deemed nece e provided if dee acts of the propo Plan ed critical habita roject site onstruction impac ontological R WE team will com l History Museum usly recorded pa hin the same or s l also examine c nt geological and mine which geolo of paleontologica mentation. A ped e the sediments a ults of the fossil ld checked. We esources Techni rces, and, if nee ticipates up to th logical Resource gical and historic al Information Ce niversity, to dete nia Native Plant abitats and sens eview and the fie dentification of a of the United Sta ed by the Region o the California D e California Coa essary following med necessary osed Project to s at areas and loca cts in complianc Resources A mplete a fossil lo m (SDNHM) to e aleontological res similar deposits current geologic d paleontologica ogic units are pre al resources that destrian survey o at the surface an locality search a e will document t ical Memorandu eded, will include hree (3) submitta es Study: c resources revi enter of the Cali ermine if previou Society (CNPS) sitive resources o eld survey. The ny additional foc ates, as defined nal Water Qualit Department of Fi astal Commission completion of th following comple sensitive biologic ations of any pot ce with the City’s ssessment ocality search th establish the sta source within the as those found i maps of the Pro al literature. This esent within the t may be encoun of the Project are nd whether any and literature rev the results of the um. This memor e mitigation mea als on the Draft T ew, and a literat ifornia Historical usly recorded arc ) Electronic Inve of the region. A report will includ cused species su by the United S ty Control Board ish and Wildlife n (CCC) (a form his study). etion of the stud cal resources an tential special sp s Habitat Manag hrough the San D atus and extent o e Project area, a in the Project are oject area and re s information wil Project area and ntered during Pr ea will be condu paleontological view. Previously e literature review randum will disc sures and other Technical ture search of th Resources chaeological ntory. A report de the urveys tates d, al dy nd pecies ement Diego of as well ea. eview l help d the roject ucted y w, uss r he DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 Es th No Archaeolog pedestrian s Project area will be field (DPR) Serie by the State as applicabl Archaeolog ARMR form methods an recommend of positive fi amendment minor comm event more develop nec and a sched Deliverable Technical M Task 2.2 Deliverable Projec Once a pref following tas Task 3.1 As part of th and design vertical cont Model (DTM stablish the statu e Project area ote what type of gical Field Surv survey to determ a. Previously rec checked, and ex es 523 forms will e Office of Histor le. The accurac gical Letter Rep at archaeologica d results of the r dations. This Sc indings, the CW t request. The e ments from the C than two sets of cessitating any s dule adjust may es: Draft and Fin Memorandum in e – Alternativ es: Draft and Fin t Elemen ferred option has sks are included – Land Surv his task, CWE’s network plan. F trol on NGVD ‘29 M) files will be pr us and extent of f sites might be e vey: The CWE te mine the presenc corded archaeol xisting State Dep l be updated con ric Preservation cy of this field sur port of Findings al resources ass record search an ope of Work ass E team will notif estimate includes City (requiring a t f minor commen substantive unan also be required nal Biological Re electronic (PDF) ves Technic nal Alternatives T nt 3 – Eng s been identified d in this project e vey licensed surveyo Field horizontal c 9. Topographic ovided at a scale f previously reco expected to occu eam will conduct ce of archaeolog ogical sites in th partment of Park nsistent with the (OHP) to include rvey is depende s: The CWE team sessment report nd survey, and w sumes negative fy the City and su s budget for resp total of 12 hours ts require a resp nticipated effort ( d. sources Assess ) format, and Arc cal Memora This TM alterna evaluat constru prioritiz recomm limited sedime perform alterna enhanc Technical Memo ineering d and selected by element. or will research e control will be es mapping will be e of 1 inch = 20 rded sites, surve ur in the Project t a systematic on ical resources in he Project area, ks and Recreatio guidelines estab e newly identifie nt on ground vis m will prepare a describing the will also include findings. In the e ubmit a contract ponse to two (2) to address). In ponse or issues (that exceeds the sment Report in e chaeological Rep andum M will serve as a atives for the cha te the footprint, c uctability for eac ze each category mended alternat to, armored side entation ponds, a mance turf reinfo ative will be used cements, modific orandum in Elect Services y the City, the pr existing City rec tablished on No e performed and feet. Cross-sec eys, and excava area n-site n the if any, on blished d sites, sibility. SHPO event t sets of the e estimate), a co electronic (PDF) port of Findings a design road ma annel design and cost, environme ch alternative. C y. The best sco tive. Potential de e slopes with gra a hardscaped ch orcing mat. Pre d to establish cha cations, and imp tronic (PDF) form s roject team will k cord data for Sur rth American Da Computer-Aided ctions of the cha ations in and imm ontract amendm ) format, Paleon in electronic (PD ap. CWE will ev d embankment p ental impact, com CWE will develop re in the matrix w esign alternative ade control struc hannel such as r eliminary design annel improvem pacts to existing mat. kick off engineer rvey Control, exis atum of 1983 (NA d Design (CAD) nnel will be take mediately adjace ment will be nece tological Resour DF) format. valuate up to thre protection. We w mmunity benefits p a scoring matri will be the es include, but a ctures, a series o rock lining, or hig layouts of a pre ent limits for habitat. ring services. Th sting geodetic co AD 83), Zone 6 and Digital Terr en at 50-foot inte ent to essary rces ee (3) will s, and x to are not of gh- eferred he ontrol, and rain ervals. DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 Deliverable Task 3.2 The followin Th im Sl (5 al W pe Task 3.3 CWE will de hydrology m used to esta impervious a watershed d 6-hour even standards. Deliverable of revised w Task 3.4 CWE will us model in the such as flow bend scour. Deliverable (PDF) forma Task 3.6: Checklis es: Electronic co – Geotech ng tasks are anti he CWE team w mprovement base lope Stability An 5) feet. Explorato ong the east sid We will collect soi erformed as part – Hydrolog evelop a hydrolo methodology. Th ablish hydrologic area ratios. Incl delineation. The nt will be used as es: Hydrology M watershed deline – Hydraulic se the design flow e Hydraulic Engi w depth and velo es: Hydraulics D at (one [1] electr : Stormwate st (SWQMP, opy of all field su hnical Inves cipated for Geot will review existin ed on the curren nalysis: Slope sta ory borings will b de of the existing l samples from t t of Task 3.4. gic Modelin gic model based he San Diego Co c characteristics uded in this task e 100-year s the design stor aps in electronic ations. c Modeling w rates establish neering Center’s ocity. HEC-RAS ata Output, and ronic PDF copy o er Quality M E-35, E-36) rveys in AutoCA stigation technical Engine g geotechnical d nt existing condit ability analysis is be performed fro g channel based the bottom chan ng d on the City/Co ounty Hydrology such as land us k is field verificat rm, to meet Carl c (PDF) format, G hed in Task 3.3 s River Analysis S output will be u Scour Calculatio Task A Hydr task. T charact existing for estim Results needed prior to Deliver of each). Manageme ) AD. eering: data provided by tions. s needed for slop om El Camino R on the proposed nel area and pe unty standard Manual will be se, soil types, an tion of the sbad design GIS Shape Files and the topogra System (HEC-R sed to perform s ons in electronic 3.5 –Hydrol ology and Hydra This report will su teristics from Ta g and proposed mating the exten s of these model d). Modeling will the establishme rables: Draft an nt Plan and y the City and pr pes steeper than Real street and/o d channel impro erform gradation nd s aphic mapping in RAS). HEC-RAS scour calculation c (PDF) format (o logy and H aulic Basis of De ummarize all res asks 3.3 and 3.4 condition HEC-R nt of scour prote ls will also be us l be performed a ent of 30% desig d Final Hydrolog d Standard rovide recomme n 3H:1V with he r from the maint ovement with ste analysis. Scour n Task 3.1 to cre S models hydrau ns to evaluate lo one [1] electroni ydraulics R esign Report will sults and discuss 4. Also included RAS models, wh ection and grade sed in evaluating after a preferred gn plans. gy and Hydraulic Project Req ndations for cha ight of more tha tenance path loc eeper slopes. r analysis will be eate an open cha ulic characteristi ong-term, local, a ic PDF copy of e Report l be included wit s hydrologic in the report wil hich will be the b control measure g sediment trans alternative is ch cs Report in elec quirement annel n five cated e annel cs and each). th this l be basis es. sport (if hosen, ctronic DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 As part of th addressed t (NPDES) pe BMPs in acc Deliverable Task 3.7 CWE will de 2.1 and som the creek. T sections of t the main cre The plans w City of Carls Ti Pl Su The plans w sheets will b following Cit Deliverable Co G M C La We assume monthly me Deliverable Task 3.9 CWE will re final refinem he City’s Municip to comply with th ermit. We will pr cordance with th es: Draft and Fin – 30% Desi evelop design pla me of the recomm The 30% design the creek. Hydr eek. will conform to th sbad, including, tle sheet (1 shee lan and profile s urvey control sh will be prepared u be included in th ty approval. We es: 30% design p onnector pipe/si rade Control and iscellaneous dra hannel Construc andscape and P ed the City requir etings included es: 70% design p – 90% Desi fine the 70% de ments to the draw pal Separate Sto he City’s BMP D repare a 90% SW he City’s standar nal SQWMP in e ign Plans ans based on th mendations for im plans will show aulic structures w e content and p but not limited to et) heets, including eets (5 sheets) using AutoCAD e 30% design p e assume the Cit plans (one [1] PD de drainage inle d Embankment d ainage detail she ction sections (2 lanting Plans (7 res a minimum o in Task 1.1 will b plans (one [1] PD ign Plans sign plan submit wings, maintena orm and Sewer S esign Manual, a WQMP using the rds. lectronic (PDF) f e preferred conc mprovements of the final materia will be located a resentation requ o: creek cross sec Civil 3D using th lan submittal. P ty requires 15 wo DF format) for o Task We will design profiles feature structu wingwa phase. includin design et profiles (1 she detail sheet (1 s eets (1 sheet) sheets) sheets) of 15 working da be used to discu DF format) for o ttal based on co nce sheets, traff System (MS4) pe and the current N e E-35 template format (one [1] e cepts from Task f laterals within als, profile, and and sized within uirements of the ctions - 1” = 20’ s he conceptual pl Plans will be mod orking days to re ne (1) submittal 3.8 – 70% D l prepare 70% de plans. The 70% s, dimensions, an es. The 70% des res, energy diss alls, and headwa The plans will c ng the following plans, resulting et) heet) ays to review the uss comments a ne (1) submittal. mments receive fic control sheets ermit, stormwate National Pollutan . The SQWMP electronic PDF c k scale (9 sheets) ans included in dified to align wit eview the plans Design Plan esign plans bas % design plans w nd other details sign plans will in sipators, riprap a alls. Details will continue to follow sheets in additio in up to 20 shee e plans and is inc nd how to move . ed from the 70% s, and structural er quality regulat nt Discharge Elim will provide reco copy of each). Task 2.1. We a th recommendat and is included ns ed on comments will include addit for the geometr nclude details rel and filter layers, s include structura w the City’s des on to those ident ets: cluded in the sch e forward on the design submitta and reinforcing tions must be mination System ommendations fo anticipate up to 1 tions from Task in the schedule. s received on th ional sections, ic design of Proj lated to drop side drainage in al reinforcement ign standards, tified in the 30% hedule. One of t 90% plans. al and will incorp details. The pla m or 15 2.1 . e 30% ject lets, t at this % the porate ans will DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6 continue to the package St Er La We have as included in T opportunity perform a fin additional Q Deliverable Task 3.10 The area of General Per the City. Th assume the Intent once contractor. during desig Deliverable design pack Task 3.1 We will mak 90% submit at this phase this phase. We assume Deliverable Projec The CWE te also known subsections the Biologic conform to the la e, resulting in up tructural/reinforc rosion control pl andscape and Ir ssumed a 15 wor Task 1.1 will be to the City, CWE nal field check w QA/QC benefit, a es: 90% design p 0: 90% Storm soil disturbance rmit (CGP). We he erosion contro City (or the sele construction sta The SWPPP wi gn. es: 90% SWPPP kage based on c 1: Final Field ke final changes ttal. We assume e and will have b We will follow th e the City will pro es: Final signed t Elemen eam has reviewe as the El Camin s below, CWE ha al Resources As atest version of p to 30 sheets: cing detail sheet an sheets and d rigation Details rking day review used to discuss E recommends c with City staff prio s we will be able plans (one [1] PD mwater Pol e within the Proje will prepare a 9 ol plans prepare ected contractor) arts. We will prep ll need to be rev P in electronic (P comments receiv d Check an to the design pl e significant revis been worked ou he City’s proced oduce mylars if n and stamped de nt 4 – Perm ed the Carlsbad no Real Channel as identified opti ssessment. the City’s Desig (1 sheet) details w for the City and s comments and combining the 10 or to finalizing th e to visualize imp DF format) for o lution Preve ect site will be gr 90% Stormwater ed for inclusion in ) will submit the pare a 90% SW vised by the sele PDF) format (one ved from the City nd 100% Pla ans based on fie sions regarding t during previous ures for digital s needed. esign plans in ele mitting an Drainage Maste l Restoration pro onal tasks in the Task CWE w (MND) prepare the mit the Dra two (2) prepare n Standards. Th d have included how to move fo 00% and Final s he plans. Visiting provements, exi ne (1) submittal. ention Plan reater than one a Pollution Preve n the SWPPP wi SWPPP to the S PPP, excluding ected contractor e [1] hard copy a y. ans eld observations structure sizing, s submittals. W signatures and p ectronic (PDF) fo nd Enviro er Plan, prepared oject, as not requ e event that regu 4.1 – CEQA will develop an In under CEQA fo e a Mitigation M tigation measure aft IS/MND will b ) revisions to inc e it for public rev he following add it in the schedul orward on the 10 submittals into on g the field with t sting conditions . acre and require ntion Plan (SWP ill be included in State Water Res specific informa to include contra and one [1] elect s and comments alignments, and We do not anticipa lan creation to s ormat. onmental d on July 3, 2008 uiring any regula ulatory permits a A Documen nitial Study (IS) a or the proposed c onitoring and Re es identified in th be reviewed by C corporate City co view. . During th ditional sheets w e. One of the m 00% plans. As a ne Final submitt he 90% design p , and constructa e coverage unde PPP) using the t n the design plan sources Control ation regarding th actor information tronic PDF copy) received from t d overall approa ate any new she submit the final p l Process 8, which has ide atory permits. T are required, bas ntation and a Mitigated channel restorat eporting Program he IS/MND. We City staff. We an omments in the d ose iterations w will be incorporate monthly meetings a cost savings tal. As such, CW plans will provid ability challenges er the Constructi template provide n package. We Board with a No he construction n, which is unkno ). CWE will revi he City following aches will not be eets being added plans electronica ing entified Facility B herefore, in the sed on the result Negative Declar tion. We will als m (MMRP) base have assumed nticipate making draft IS/MND to with City staff, the ed into s WE will e an s. on ed by otice of own se the g the made d at ally. BFB-U, ts of ration o ed on that up to e City DocuSign Envelope ID: 363E0F0D-545D-4537-A3A0-562D956C98C6