HomeMy WebLinkAbout2003-10-07; City Council; Resolution 2003-2581
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RESOLUTION NO. 2003-258
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORlZl NG EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH BOYLE ENGINEERING CORPORATION TO PROVIDE
PROFESSIONAL SERVICES FOR THE WIDENING OF EL CAMINO
REAL, PROJECT NO. 3908.
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
necessary and in the public interest to enter into an agreement with Boyle Engineering
Corporation and the City of Carlsbad for the widening of El Camino Real, Project No. 3908; and
WHEREAS, the Department of Public Works solicited, received, and reviewed Statements
of Qualifications for professional planning and engineering services consistent with Carlsbad
Municipal Code Section 3.28.070; and
WHEREAS, subsequent to a review of the Statements of Qualifications, staff
recommends Boyle Engineering Corporation as the most qualified consultant for the project; and
WHEREAS, $300,000 in TransNet Local funds have been appropriated in the Capital
Improvement Program and are sufficient for this professional services agreement; and
WHEREAS, an additional $1,993,000 in TransNet Local funds have been allocated in the
Capital Improvement Program and upon receipt of the funds they will be appropriated for the
remainder of the project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2. That the agreement with Boyle Engineering Corporation for preliminary
That the above recitations are true and correct.
engineeringlplanning, design and construction services for Project No. 3908 is hereby approved.
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3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute
:he agreement with Boyle Engineering Corporation for, and on behalf of, the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
7eld on the 7th dayof October , 2003 by the following vote, to wit:
AYES: Council Members Lewi nila, Hall, and Packard
Page 2 of 2 of Resolution No. 2003-258
(SEAL)
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PWENG398
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BOYLE ENGINEERING CORPORATION
THIS AGREEMENT is made and entered into as of the $& day of
, 2003, by and between the CITY OF CARLSBAD, a municipal &i?fidE&
corporation, ("City"), and BOYLE ENGINEERING CORPORATION, ("Contractor").
A. City requires the professional services of a civil engineering consultant
6. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
that is experienced in roadway planning and engineering.
services and advice related to roadway planning and engineering.
expedited fashion.
willingness and ability to perform such work.
D. Contractor has submitted a proposal to City and
NOW, THEREFORE, in consideration of these recitals and the
contained herein, City and Contractor agree as follows:
has affirmed its
mutual covenants
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibits "A" and "B", 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 one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts thereof. Extensions will be based upon a
satisfactory review of Contractor's performance, City needs, and appropriation of funds
by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be one hundred ninety six thousand three hundred eighty six dollars ($196,386).
No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. The City reserves the right to withhold a
ten percent (1 0%) retention until City has accepted the work and/or Services specified
in Exhibit "A.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be 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.
0. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
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9.
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
IN D E M N I FI CAT1 0 N
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 in whole or in part by any willful misconduct or negligent act or omission 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.
IO. 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-:VI'.
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney 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.
10.1 .I Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Con tractor will obtain occurrence coverage, excluding Profess ion al
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 Providinq 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 Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
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.
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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 notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Marshall Plantz Name Clark Fernon
Title Senior Civil Engineer Title Principal Engineer
Dept Public Works-Engineering
City of Carlsbad
Address 1635 Faraday Avenue Address 7807 Convoy Court, Ste. 200
Phone No. (760) 602-2766 Phone No. (858) 268-8080
Carlsbad, CA 92008 San Diego, CA 921 11
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Con‘ilict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
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Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
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
that the services 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 (1 0) 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.
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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 work that Contractor
has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment 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 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 .
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23. JURISDICTIONS 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 or 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.
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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 an
CONTRACTOR
BOYLE ENGINEERING CORPORATION
*By: &HeH&.
(sign here)
(print name/title) ' Grlrm_ .$C&&b&k i%*il& ?,fl'Jd L*HG ATTEST:
David W. Huchel, Secretary
(print namekitle)
dhuchel@boyleenyineering . corn
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman ,
President, or
Vice-president
**Group B.
Secretary,
Ass is t an t Secret a ry ,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney Approved Version #04.01.02
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
fL6mJ$4L IhrllQ, ktrq l$ L?/ c- ,
Name and Title of Officer (e g , "Jdne Doe, Notary Nblic")
personally appeared
@ personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personp) whose nameM@are
subscribed to the within instrument and
acknowledged to me thacylshelthey executed
the same in ,@/her/their authorized
capacityw, and that by Gslherltheir
signature@) on the instrument the persow, or
the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Though the information below IS not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document. A&& >z%iZJ/v7 fix ~iJ~,*A~~LSF~3?Gs (Pm&32@
Document Date:
0 Individual
@ Corporate Officer - Title(s).
0 Partner - 0 Limited 0 General
0 Attorney in Fact
Guardian or Conservator
&e? /%'.s,.&?t"
Signer Is Representing: A+& f /Yc%r/rx/iz/yr dAv?6~m/ /iJ
0 1999 National Notarf ASsccialion - 9350 De Solo Ave PO Box 2402 - Chatsworlh CA 91 31 3 24M * www nallmalnotary org Prod No 5907 Rewder Call Toll Free 1 800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1 State of California
County of
On 3 , before me, %
personally appeared J=k V ! d I
1 Name(?.) of Signer(s)
gpersonally known to me 0 proved to me on the basis of satisfactory
evidence
to be the person@) whose name@$ iw
subscribed to the within instrument and
acknowledged to me that he/e#e#wp executed
the same in his/kerHkeir authorized
capacity(&), and that by hishetWm 'r
signature(* on the instrument the person@, or
the entity upon behalf of which the person@)
acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documeni
and could prevent fraudulent removal and reattachment of this form to another document.
3pl/ii4 Description of Attached Document
Title or Type of Document: a4 &u/rjrcCv;NC ci?w &2?
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: .
0 Individual
Corporate Officer - Title(s):
Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
Guardian or Conservator
0 Other:
I I 1 Signer Is Representing:
0 1999 National Nolaw Association * 9350 De Solo Ave.. P.O. Box 2402 - Chatsworth. CA 91313-2402 * wmy.nalionalnolaryorg Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT “A”
SCOPE OF SERVICES
Itemized List of what Contractor will do for City and at what price.
City Attorney Approved Version #04.01.02
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City of Carlsbad - El Camino Real Widening
Exhibit A - Scope of Services
August 7,2003
Introduction
The City of Carlsbad (“City”) has selected Boyle Engineering
Corporation (“Boyle) to prepare design documents, investigate hnding
options, and identify/appraise the necessary right-of-way and
easements for two locations of street widening along northbound El
Camino Real (on the east or northeast side of the street). The proposed
improvements include a third outside travel lane, bike lane, and
parkway improvements consistent with the City’s Prime Arterial street
classification. Due to existing site constraints and adjacent land uses,
there is the potential for two retaining walls, one at each project site.
Site 1 is located between Jackspar Drive and Sunny Creek Road and is
approximately 1,600 feet long. Site 2 is located just northwest of
Cougar Drive, and is approximately 500 feet long. Where it passes
through both of these sites, existing El Camino Real consists of two
northbound lanes, while beyond the limits of these sites the street has
already been built out to three northbound lanes. There are no right
turn lanes proposed within the limits of the project.
Scope of Work - Group A: Preliminary Engineering/Planning Phase
Task 100 - Project Start-up and Data Collection
101.
102.
Kick-off Meeting and Site Visit
Hold one kick-off meeting, including visiting Sites 1 and 2
with City staff. Review potential retaining wall locations,
existing utility facilities, driveways, the signalized intersection
at Jackspar Drive, existing drainage facilities near Sunny Creek
Road, and other relevant project issues. Document the site visit
with typed meeting minutes and photographs.
Research Records and Identify Project Control
Collect record improvement drawings, right-of-way maps,
utility record maps, and available survey control data. Identify
project control for both sites and determine centerline geometry
and stationing for both sites.
Page 1 of 17 BOYLE
Ci of Carlsbad - El Camino Real Widening
Exhibit A - Scope of Selvices
August 7,2003
103. Conduct Field Surveying
Locate and survey primary control points (horizontal and
vertical). Set and survey aerial control panels. Conduct
supplemental field surveying consisting of the following:
- Locate and survey existing right-of-way points. - Cross section existing roadway at 50-foot intervals. - Locate and survey existing surface utility facilities.
Reduce field data and provide survey data to the design team
and the aerial mapping subconsultant (for inclusion in the
topography mapping).
104. Prepare Aerial Topographic Mapping
Boyle’s subconsultant, Towill Inc., will complete the aerial
mapping for this project. Fly the project, and prepare aerial
topographic mapping. One set of contact prints of the aerial
photographs will be provided to the City. Mapping will be 250
feet wide, consisting of 150 feet on the side of the street where
the improvements will occur and 100 feet on the other side.
Mapping limits at each site will include the lengths described
above for each site, plus an additional 200 feet at each end of
each site. Thus the mapped area of each site will be as follows:
Site 1 - 2,000 feet by 250 feet; Site 2 - 900 feet by 250 feet.
Mapping will be 1’’ = 40’ scale with one-foot contour interval,
in AutoCAD format. Produce digital terrain model with points
and break lines, for use by the design team.
105. Plot Existing Utilities
Based on the collected utility record maps and survey data, plot
existing utility facilities and send a copy of the plot with a
letter to each utility owner requesting verification of the size,
material, depth, and other characteristics (pressure, voltage,
etc.) of their facilities.
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Ci of Carlsbad - El Camino Real Wdeniq
Exhibit A - Scope of Services
August 7,2003
106. Obtain Title Reports and Prepare Right-of-way Base Map
Order three copies of preliminary title reports with litigation
guarantees. Provide one copy of each to the City. Review the
title reports and supporting documents. Based on records
research, title reports, and field survey data, calculate existing
property boundaries and roadway right-of-way lines. Where
applicable, plot existing easements and encumbrances. Plot the
right-of-way base map and provide two copies to the City for
information.
107. Prepare Geotechnical Report
Research available geotechnical information from adjacent
developments. Conduct field investigations, including a site
reconnaissance and three borings; perform geotechnical
laboratory testing; and prepare a geotechnical report
summarizing soil conditions and providing recommendations
for pavement structural section, grading, soil corrosivity,
retaining walls, and other desigdconstruction issues. Submit
two copies of the Draft Geotechnical Report for the City’s
review. Based on City comments, revise the report and submit
two Final copies for the City’s records.
Task 200 - Preliminary Design Studies
201. Prepare Project Layout
Prepare a project layout consisting of existing features
(topography mapping plus existing right-of-way and utilities),
centerline stationing, proposed pavement and striping, and
preliminary limits of grading. The preliminary grading will
assume 2:l side slopes, so that critical areas can be identified
where retaining walls may be needed. Preliminary wall
locations will be shown. The layout will be based on the
standard widths for a Prime Arterial.
Briefly study utilities, geotechnical information, driveways, the
bus stop, and other known issues that could affect the project
footprint. Submit the layout to City staff for review along with
Page 3 of 17 ROYLE 20
City of Carlsbad - El Camino Real Widening
Exhibit A - Scope of Services
August 7,2003
a memo summarizing relevant issues. Meet with City staff once
to review concepts and studies for decision-making.
202. Determine Right-of-way Requirements
Based on the project layout, add proposed right-of-way takes,
temporary construction easements, and grading or wall
easements to the right-of-way base map. Submit two copies of
the revised map to the City.
203. Study Alternative Retaining Options
At the Rancho Carlsbad Golf Course property at Site 1 and at
the residential property at Site 2, study retaining wall options to
reduce grading impacts. Prepare cross sections or other
sketches sufficient to convey alternative concepts to City staff.
Options could include conventional cast-in-place, reinforced
concrete retaining walls (at either location), a mechanically
stabilized embankment (at the golf course), and/or a soil nail
wall (at the residential property). Submit sections/sketches with
a memo summarizing relevant issues to the City for review.
204. Determine Area of Potential Effect and Construction Issues
Based on the preliminary layout, proposed retaining walls, and
input from the City, prepare a map of the project delineating
the expected grading and construction impacts plus a buffer
zone of 20 feet. Provide a memo describing likely construction
phasing, expected hours of construction, and potential
construction equipment, for use by the environmental
subconsultant.
205. Prepare Preliminary Cost Estimate
Based on the preliminary layout and proposed retaining walls,
prepare a preliminary opinion of probable construction cost
(“cost estimate”) for the City’s use, and for investigation of
financing options.
Page 4 of 17 BOWL€
21
Ci of Carlsbad - El Camino Real Widening
Exhibit A - Scope of Services
August 7,2003
Task 300 - Environmental Documentation
Boyle’s environmental subconsultant, EDAW, Inc., will prepare the
environmental documentation for this project.
30 1. Biological Resources Letter Report
Although Sites 1 and 2 include brushed areas previously used
for agricultural use, the remaining habitat may be used by a
variety of native birds and reptile species. For this reason,
EDAW’s biologist will conduct a field reconnaissance to verify
the presence or absence of sensitive wildlife and plant species
within Sites 1 and 2. Results will be documented in a letter
report including recommendations for impact avoidance. No
designated waters of the U.S. are known to occur within the
project site; therefore no wetland delineation work is included
in this scope of work.
Task 400 - Financing Options
It is not known at this time what financing mechanism will be most
suitable, or whether a special benefit can be proven for this project.
Therefore, this scope includes just the evaluation of various financing
possibilities and their suitability for this project; the remaining work to
form the financing mechanism would be considered additional work,
not included in this scope and fee.
401.
402.
Identify Key Project Variables
Meet with City staff to discuss financial and engineering
variables related to the project (e.g., total cost of the project,
cost to be financed, terms of indebtedness, geographic scope of
impadbenefit, City’s planned development patterns, etc.).
Identify Financing Options and Meet with City
Based on the key project variables, research available financing
options (e.g., taxes, assessments, fees, charges, etc.). Meet once
with City staff to discuss relative advantages/disadvantages of
each option, and means of implementation. Document these
discussions in typed meeting minutes.
BOWL€ Page 5 of 17 22
Crty of Carlsbad - El Camino Real Widening
Exhibit A - Scope of Services August 7,2003
~ Scope of Work - Group B: Design Phase
Task 500 - Plans, Specifications, and Estimate
50 1. Prepare 70% Submittal
Prepare plans, list of specifications, and bid items list. Plans
will be at a completion level of approximately 70%, and will
include the following sheets:
- Title Sheet and Notes (2 sheets) - Typical Cross Sections (1 sheet) - Plan and Profile Sheets (3 sheets) - Construction Details (3 sheets)
- Retaining Wall Plans, Profiles, and Details (4 sheets) - Signing and Striping (2 sheets) - Traffic Signal Plan, Details, and Schedules (2 sheet) - Water Pollution Control Plans and Details (2 sheets)
Utilities, mailbox relocations, and drainage facilities will be
shown on the plan and profile sheets. Driveway details and
drainage profiles and details will be included on the
construction detail sheets. This scope assumes that designs of
utility relocations (water, sewer, etc.) are not included, since
they have not been identified at this time. Traffic signal details
will include installation of video detection equipment.
Submit ten copies of the 70% plans, list of specifications, and
bid items list to the City for review. Submit one copy of the
plans to each utility owner for review of potential conflicts.
Send one set of plans to North County Transit District (NCTD)
(or make this extra set available to the City) for review and
coordination of the bus stop relocation.
502. Prepare 100% Submittal
Prepare plans, specifications, and cost estimate (PS&E) to
approximately 100% completion. Submit the same sheets as
the 70% submittal, addressing the City's comments and adding
any details that were omitted at the 70% stage (for example,
drainage and retaining wall details). Prepare a quantities back-
Page 6 of 17 BOWL€ 23
503.
504.
City of Carlsbad - El Camino Real Widening
Exhibit A - Scope of Services
August 7,2003
up notebook.
Submit ten copies of the 100% PS&E to the City for review.
Submit one copy of the plans to each utility owner with final
notice of relocation, if required. Send one set of plans to NCTD
(or make this extra set available to the City) for final review
and approval of the bus stop relocation. Provide digital file of
project specifications, for the City to finalize.
Prepare CSWPPP
Prepare storm water checklist and Conceptual Storm Water
Pollution Prevention Plan (CSWPPP). Submit one copy of each
for review by the City. Upon receiving City comments, revise
the CSWPPP and submit the final version to the City.
Final Submittal
Based on the City’s comments, finalize the PS&E and submit
one copy to the City for final confirmation that the 100%
comments were addressed. With the City’s input, make
corrections and plot final Mylars for the City. It is assumed that
the City will prepare the final specifications based on the
digital file provided by Boyle at the 100% level. Print the
specifications and estimate and submit one original of each to
the City. Submit digital files of the plans (AutoCAD),
specifications (Microsoft Word), and estimate (Microsoft
Excel). Prepare final quantities back-up notebook and submit
one copy to the City.
Task 600 - Right-of-way Acquisition
Boyle will prepare Right-of-way documents (plat maps and legal
descriptions). Boyle’s subconsultant, Hendrickson Appraisal Co., Inc.,
will prepare appraisals.
60 1. Prepare Plat Maps and Legal Descriptions
Based on the right-of-way requirements provided by the design
team, prepare separate plat maps and legal descriptions for five
sub-parcels (on three ownerships). Submit plats and legal
descriptions to the City for review. Based on the City’s
BOWL€ Page 7 of 17 4
City of Carlsbad - El Camino Real Wdeniq
Exhibit A - Scope of Services
August 7,2003
602.
603.
comments, finalize and sign the plats and legal descriptions.
Provide one copy of each (8.5~11) to the City, the appraiser,
and the acquisitions agent.
Prepare Deed Form and Easement Documents
Using a template to be provided by the City, prepare a deed
form for one parcel and easement documents for up to four
easements.
Prepare Appraisals
The appraisal process will include valuation of the parts to be
acquired, consideration of potential severance damages to the
remainder, and consideration of benefits that may offset the
damages. In order to value the portion to be acquired, under
California eminent domain law, we must first determine the
highest and best use and value the whole property. This value
will be developed using various valuation methods that are
consistent with the Uniform Standards of Professional
Appraisal Practice.
Appropriate market comparables will be compared to the
subject properties to develop opinions of the value of the whole
property. After determining the value of the whole property,
the unit value of the whole will be applied under typical
circumstances to the portion to be acquired. After valuing the
part acquired, a detailed study will be conducted to determine
potential damages to the remainder and any offsetting benefits
as a result of the project.
The value of various easements to be acquired, both temporary
and permanent, will be analyzed and their values included in
just compensation to the property owner. It is assumed that we
will be appraising three ownerships (larger parcels), with five
interests including one fee acquisition area, and four permanent
and temporary construction easements.
Prepare a Draft Appraisal Report for the City’s review. Based
on the City’s comments, prepare the Final Appraisal Report.
Page 8 of 17 ROWLE 2c
Crty of Carlsbad - El Carnino Real Widening
Exhibit A - Scope of Services
August 7,2003
Scope of Work - Group C: Construction Phase
Task 700 - BidlConstruction Phase Services
701. Perform Bid Phase Services
On a time and materials basis, Boyle will assist the City as
required with RFI’s during bidding, addenda if required, and
tabulation and review of bids. At the City’s request, a budget of
40 hours is assumed for this task.
702. Perform Construction Phase Services
On a time and materials basis, review RFI’s and submittals
from the Contractor during construction, and perform
miscellaneous design tasks as they may arise during
construction. At the City’s request, a budget of 40 hours is
assumed for this task.
Scope of Work - Group D: Optional Future Tasks
Task 800 - Additional Services
801. Cultural Resources Letter Report
The cultural resources investigation will include a records
search, a field survey, a Native American contact program, and
a brief letter report documenting the results of the study. The
records search will be conducted at the South Coastal
Information Center and the San Diego Museum of Man, and
will be directed at identifying all previously recorded cultural
resources within one-half mile of Sites 1 and 2, as well as the
locations of previous archaeological surveys. A Native
American contact program will also be implemented, in the
form of letters sent to groups or individuals with heritage
concerns for the project area. The field survey will be
conducted by a team of two archaeologists walking in parallel
transects spaced no more than 10 meters (30 feet) apart, and
examining the ground surface for evidence of cultural activity.
Because the project area is limited, it is assumed that no
cultural resources will be identified within the area of potential
Page 9 of 17 BOWLE
City of Carlsbad - El Camino Real Wideniq
Exhibit A - Scope of Services
August 7,2003
effect (APE). Finally, the investigations will be documented in
a letter report that describes the methods and results of the
investigation.
802. Noise/Air Quality Letter Report
EDAW will obtain existing and predicted future traffic volume
data from the City of Carlsbad. EDAW will measure existing
traffic noise levels at the sensitive receptors nearest the areas of
proposed widening; traffic volumes will be counted during the
measurement period. EDAW will conduct up to 2 noise
measurements near sensitive receptors at each site. EDAW will
use the FHWA traffic noise model, the measurement data, and
the traffic volume data to calculate existing and future - with
and without project - noise levels at the sensitive receptors.
The results will be compared with the 60 &A CNEL exterior
threshold limit of the City Noise Element. If necessary, the
results will also be compared with the 45 dBA CNEL interior
limit of the City Noise Element. If it appears that the proposed
widening would result in a significant noise impact, EDAW
will propose design modifications or noise abatement measures
to be incorporated into the project that would avoid noise
impacts. The scope for this noise analysis assumes that no
nighttime construction will occur.
EDAW will estimate pollutant emissions that would occur
during construction and briefly discuss the impacts. The San
Diego Air Pollution Control District has no quantitative
standards for significant air quality impacts from construction;
values will be compared with Federal standards where
appropriate. EDAW will recommend abatement measures that
would minimize emissions to be included in the project. It is
assumed that the project will not generate traffic, nor increase
the number of cold starts, nor cause intersections to operate at
LOS E or F. Therefore, there is no potential for long-term,
traffic related air quality impacts.
Results for the noise and air quality analyses would be
summarized in one letter report.
803. Preparation of CEQA Documentation for an IS/ND or IS/MND
Page 10 of 17 BOWL€
23
Ci of Carlsbad - El Camino Real Widening
Exhiba A - Scope of Services
August 7,2003
If the preliminary findings for noise, air, biology and cultural
resources identify potential environmental impacts associated
with roadway widening improvements at either location,
EDAW would then prepare the necessary environmental Initial
Study (IS) form and the appropriate Negative Declaration (ND)
or Mitigated Negative Declaration (MND).
As part of the IS, EDAW would prepare the Environmental
Checklist using the City’s format. Summary analyses would be
provided to justify each yes/no/maybe answer. The
Environmental Checklist would form the backbone of the IS.
EDAW would prepare a Draft and Draft Final IS using the
City’s recommended format. The IS would contain detailed
analyses of those environmental issues deemed potentially
significant in the Environmental Checklist. Appropriate
mitigation measures would be described.
EDAW anticipates that the environmental impacts would either
be less than significant, or reduced to below levels of
significance with incorporation of standard mitigation
measures. For this reason, EDAW expects the appropriate
level of analysis in the initial study would support a Negative
Declaration (ND) or a Mitigated Negative Declaration (MND).
The ND/MND would cover the same range of issues covered in
the IS, but with more detailed analysis. The noise, air quality,
biology and cultural resources letter reports would be
summarized in the ND or MND.
The MND would also require the preparation of a Mitigation
Monitoring and Reporting Program (MMRP). EDAW would
prepare the MMRP for attachment to the MND.
EDAW assumes one round of revisions for the Draft IS/ND or
IS/MND. One (1) copy of the draft and five (5) copies of the
draft final would be provided to both the City and Boyle
Engineering. The City would be responsible for preparing
notices and the Final IS/ND or IS/MND.
Meetings/Coordination. Following the kickoff meeting with
the City and Boyle Engineering, EDAW would conduct an
initial field visit and attend two (2) meetings during preparation
Page 11 of 17 EOYLE m
City of Carlsbad - El Camino Real Wideniiq
Exhibit A - Scope of Services
August 7,2003
of the ISND or IS/MND. EDAW would also attend the City
Council hearing during final approval of the project. If
requested, EDAW can provide supporting graphics during the
council hearing.
804. Provide Support for Eminent Domain
Prepare exhibits and documentation for, and support the City
in, eminent domain proceedings for one parcel, if required.
Expert Witness Services for Right-of-way 805.
Should expert testimony be required on one or more of the
parcels, Hendrickson Appraisal Company’s hourly fee for trial
preparation and consulting is $140 per hour. Expert testimony
in deposition or trial is billed at $275 per hour.
806. Landscape Design
It is anticipated that the needed landscape design for the project
will be defined during ongoing project development. This
scope includes a budget for this work as an additional service,
but the precise scope and fee should be agreed upon by Boyle
and the City before the work proceeds.
807. Provide Acquisition Services
Boyle’s subconsultant, Wiggans and Willett, Inc., will provide
acquisition services, if required. Review project plans, plats,
legal descriptions, and Final Appraisal Report. Prepare offer
letters and negotiate with property owners on behalf of the
City, while keeping in close contact with City staff. Coordinate
with the design team and the City, including regular (at least
monthly) written status reports by e-mail or letter. Coordinate
with escrow companies, including preparation and review of
escrow instructions.
29 Page 12 of 17 BOWL€
City of Carlsbad - El Camino Real Widening Exhibit A - Scope of Services
August 7,2003
Deliverables to the City
Task 100 - Project Start-up and Data Collection
Meeting minutes and photographs of site visit (one copy)
Contact prints of aerial photographs (one set of originals)
Utility plot and copy of utility letters (one copy of each)
Preliminary title reports (one copy)
Right-of-way base map (two plots, D-size)
Geotechnical report (two Draft copies and two Final copies)
Task 200 - Preliminary Design Studies
o Preliminary engineering layout and memo (two copies)
o Right-of-way requirements map (two copies)
Alternative retaining options (one copy of sectionshketches
and memo)
o APE map and memo of construction considerations (one copy)
o Preliminary cost estimate (one copy)
Task 300 - Environmental Documentation
o Biological resources letter report (one draft copy and five final
copies)
Task 400 - Financing Options
o Letter report of financing options (two copies)
Task 500 - Plans, Specifications and Estimate
0
0
0
0
0
0
70% plans (1 1x17), list of specifications (8.5~1 l), and bid
items list (8.5~11) (10 copies of each)
100% plans (1 1x17), specifications (8.5~1 l), and opinion of
probable construction cost (8.5~11) (10 copies of each)
Digital copy of 100% project specifications (Microsoft Word
format) for the City to finalize
Storm water checklist and CSWPPP (one copy of draft and two
copies of final)
Final plans (24x36 Mylar), specifications (8.5~1 I), and opinion
of probable construction cost (8.5~11) (one original of each)
Digital copy of final drawing files, including reference files, in
AutoCAD format.
Page 13 of 17 BOWL€ 30
Ci of Carlsbad - El Camino Real Widening
Exhibit A - Scope of Services August 7,2003
Digital copy of final estimate (Microsoft Excel format)
Quantities back-up notebook
Task 600 - Right-of-way Acquisition
Draft plat maps and legal descriptions (two copies)
Final plat maps and legal descriptions (two copies)
Deed form and easement documents (one copy)
Draft Appraisal Report (one copy)
Final Appraisal Report (three copies)
Task 700 - BidConstruction Phase Services
Bid and construction phase services as requested by the City,
within the allotted budget
Assumptions
This scope of services and fee are based on certain assumptions.
Where such assumptions have been identified, they are stated either in
the scope or below. Both the City and Boyle agree to modify the scope
and fee accordingly if these assumptions prove to be incorrect.
o Right-of-way: Three ownerships will be affected, including
the Rancho Carlsbad Golf Course and one agricultural parcel at
Site 1, as well as one residential parcel at Site 2. It is assumed
that one slope or wall easement and one temporary
construction easement (TCE) will be required from the golf
course property; one TCE will be required from the agricultural
parcel; and, at Site 2, one partial take and one TCE will be
required from the residential parcel. This results in a total of
five sub-parcels (i.e. takes or easements) on three ownerships.
a Environmental: No technical studies will be required other
than the biological resources letter report, as described in the
scope. Other letter reports (for cultural resources, air quality,
and noise) would be completed as additional services. Formal
detailed jurisdictional waters or wetlands delineation are not
required. It is assumed that permits, mitigation, and monitoring
services will not be required. There is no state or federal
involvement in the project. As Lead Agency, the City will use
the information from the technical studies to determine if the
proposed improvements are exempt from further CEQA
A\ Page 14 of 17 BOY.
City of Carlsbad - El Camino Real Widenirg
Exhibit A - Scope of Services August 7,2003
analysis. According to CEQA, a “common sense exemption”
would apply when it can be seen with certainty that there is no
possibility that the proposed project may have a significant
effect on the environment (California Code Regs. Title 14
Section 15061 (b) C3). The scope assumes that the
environmental document will be a Categorical Exemption (CE)
under CEQA; however, there is fee included under “Additional
Services” in the event that an Initial Study and Mitigated
Negative Declaration are required. In the event that a CE will
be adequate, the City will prepare the documentation for the
CE, based on EDAW’s technical studies and letter reports.
o Retaining Walls: Since the wall type to be used at each site is
not yet known, design costs are based on traditional, standard,
cast-in-place concrete wall construction. If other wall types are
decided upon (e.g., mechanically stabilized embankments or
soil nail walls), then additional fee may be required for
geotechnical recommendations and detailed design.
Project Management: The following project management
activities are considered as included in the various tasks of this
scope of work:
- Attendance at up to ten meetings with the City and others
- Preparation of typed meeting minutes - Coordination with the City on an ongoing basis
- Updating the project schedule (up to three major updates) - Contracting with subconsultants - Project accounting and monthly invoices - Regular progress evaluations (S-curve graphs) - Maintaining project files
o Landscaping: The level of landscaping required is not known
at this time, and the fee for this work is not included.
o Specifications: Boyle will prepare draft “boilerplate”
specifications (based on template provided by City) and draft
technical specifications at the 100% level. The City will
prepare the final specifications.
o Traffic Data: Traffic studies are not included in this scope and
fee. It is assumed that the City will provide traffic data, if
needed.
Page 15 of 17 BOWL€
Ci of Carlsbad - El Camino Real Wideniq
Exhibit A - Scope of Services
August 7,2003
Traffic Control: As discussed with City staff, this scope and
fee do not include traffic control plans, and it is assumed that
traffic control will be covered by Carlsbad (and/or Caltrans)
standard plans and specifications.
o Data Provided by Others: Consistent with the professional
standard of care and unless specifically provided herein, Boyle
shall be entitled to rely upon the accuracy of data and
information provided by the City or others without independent
review or evaluation.
Cost Estimates: Any Opinion of the Construction Cost
(entitled “cost estimate” in this scope) prepared by Boyle
represents its judgment as a design professional and is supplied
for the general guidance of City. Since Boyle has no control
over the cost of labor and material, or over competitive bidding
or market conditions, Boyle does not guarantee the accuracy of
such opinions as compared to contractor bids or actual cost to
City. Boyle will generate unit prices based on available, recent
bid history provided by the City.
CADD Deliverables: Documents, drawings, specifications,
and electronic inforrnatioddata, including computer aided
drafting and design (“CADD”), prepared by Boyle pursuant to
this agreement are not intended or represented to be suitable for
reuse by City or others on extensions of the Project or on any
other project. Any use of completed documents for other
projects and any use of incomplete documents without specific
written authorization from Boyle will be at City’s sole risk and
without liability to Boyle. City assumes full responsibility for
such changes unless City has given Boyle prior notice and has
received from Boyle written consent for such changes.
Electronic data delivered to City is for City’s convenience and
shall not include the professional stamp or signature of an
engineer or architect. City agrees that Boyle shall not be liable
for claims, liabilities or losses arising out of, or connected with
the decline of accuracy or readability of electronic data due to
inappropriate storage conditions or duration.
Boyle is not delivering digital copies of design program files
@e. LDD, Inroads, etc.).
Page 16 of 17 ROWLE 33
City of Carlsbad - El Camino Real Widening
Exhibit A - Scope of Services
August 7,2003
Compensation
Compensation for Tasks 100 through 600 will be on a lump sum basis,
in accordance with the attached Exhibit “B” - Project Budget. Boyle
will invoice monthly based on progress to date (percent complete) and
the City agrees to pay within 30 days of receipt of invoices.
Compensation for Tasks 700 and any Additional Services will be on a
time and materials basis, in accordance with the attached Exhibit “C” -
Standard Hourly Rate Schedule.
SD-C 17-125-00vI:\C 17\150\01\Docs\Contrt\SOS El Camino Real.doc\xxx\8/7/03
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