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Arcadis U.S. Inc; 2014-11-04; UTIL1139
UTIL1139 City Attorney Approved Version 1/30/13 Page 1 of 13 RATIFICATION OF AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA CARLSBAD INTERCEPTOR SEWER, REACHES 11B-15, AND THE AGUA HEDIONDA SEWER LIFT STATION, PROJECT 3949, 3492, 3886 ARCADIS U.S., INC. This Ratification of Amendment No. 5 is entered into as of the ___________ day of _____________________________________, 2019, but effective as of the _________ day of _____________________________________, 2018, extending and amending the agreement dated ___________________________ (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Arcadis U.S., Inc., (“Contractor") (collectively, the “Parties”) for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches 11B-15 and the Agua Hedionda Sewer Lift Station. RECITALS A.On May 19, 2015, the Parties executed Amendment No. 1 to the Agreement to add Environmental Mitigation Monitoring Support during project construction; and B.On January 12, 2017, the Parties executed Amendment No. 2 to the Agreement to alter the Agreement’s scope of work to include additional Environmental Monitoring; and C.On September 13, 2017, the Parties executed Amendment No. 3 to the Agreement to alter the Agreement’s scope of work to include additional construction management and inspection services; and D.On May 24, 2018, the Parties executed Amendment No. 4 to the Agreement to alter the Agreement’s scope of work to include additional construction management and inspection services; and E.The Agreement, as amended from time to time expired on November 3, 2018 andContractor continued to work on the services specified therein without the benefit of an agreement; and F.The Parties have negotiated and agreed to add additional Construction Management and Inspection Services hours and funding to complete the additional unforeseen hours required to complete the work of the Agreement, which is attached to and incorporated in by this reference as Exhibit "A"; and G.The Parties desire to extend the Agreement till November 3, 2019. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.The retroactive extension and amendment of the Agreement is ratified. 4thNovemberNovember 4, 2014 DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 February 7th UTIL1139 City Attorney Approved Version 1/30/13 Page 2 of 13 2.In addition to those services contained in the Agreement, as may have beenamended from time to time, Contractor will provide those services described in Exhibit "A". With this ratification to extend and amend, the total annual Agreement amount shall not exceed five million one hundred eighty-one thousand three hundred twenty dollars ($5,181,320). 3.City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed one hundred thousand dollars ($100,000). 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. 4.Contractor will complete all work described in Exhibit “A” by November 3, 2019. 5.All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 UTIL1139 City Attorney Approved Version 1/30/13 Page 3 of 13 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 ARCADIS U.S., INC., a Delaware corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) for Scott Chadwick, City Manager Jon Westervelt, Vice President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Ellen M. Hooper, Assistant Treasurer (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, Secretary, President, or Assistant Secretary, Vice-President 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: _____________________________ Deputy City Attorney DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 UTIL1139 City Attorney Approved Version 1/30/13 Page 4 of 13 EXHIBIT “A” SCOPE OF SERVICES AND FEE DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 ARCADIS U.S., Inc. Babaq Taj, P.E. Engineering Manager Public Works Construction Management & Inspection C1635 Faraday Ave Carlsbad, CA 92008 City of Carlsbad Subject: Vista/Carlsbad Interceptor Sewer & Agua Hedionda Lift Station Replacement Project Construction Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) Amendment No. 5 Dear Mr. Taj: As requested by the City of Carlsbad, Arcadis U.S., Inc. (Arcadis) has prepared this amendment request to provide continued construction management and inspection services for the subject project. Enclosed please find the following information for your consideration: • Exhibit A – Remaining Work and Staffing Projections• Exhibit B – Scope of Work and Technical Approach • Exhibit C – Cost Proposal Summary Staffing projections are based on the current and anticipated contractor schedule, working a standard 40-hour work week, with project completion of work occurring by February 2019. We appreciate the opportunity to continue to serve the City of Carlsbad on this project. If you have any questions or require additional information, please contact me. Sincerely, ARCADIS U.S., Inc. Rick Farr, CCM Contracts Manager ARCADIS U.S., Inc. 2175 Salk Ave, Suite 130 Carlsbad, CA 92008 Tel 760 602 3800 Fax 760 602 3838 Water Division Date: November 28, 2018 Contact: Rick Farr, CCM Phone: (760) 535-8539 Email:Richard.Farr@arcadis.com Our ref:03472001.0002 ARCADIS U.S., Inc. Exhibit "A" UTIL1139 Page 5 of 13 DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 Jan‐18 Feb‐18 Mar‐18 Apr‐18 May‐18 Jun‐18 Jul‐18 Aug‐18 Sep‐18 Oct‐18 Nov‐18 Dec‐18Jan‐19Feb‐19TotalBilling Rate SubTotalProject Management Franz Schauer0.00 188.00$ ‐$ Jon Westervelt0.00 198.00$ ‐$ Rick Farr888888856.00 188.00$ 10,528.00$ Admin (Celia)153 96 97 100 80 60 30 616.00 59.40$ 36,590.40$ Admin (Janet)888888856.00 75.00$ 4,200.00$ Construction Phase ServicesAnthony Dazzo0.00 150.00$ ‐$ Kenny Smith (I&C)0.00 160.00$ ‐$ SUBSMark Sullivan (MJS) (Actual)137 125.5 121.51096176.592181 156.5 153.4150808020 1543.40 151.20$ 233,362.08$ RCS (Jim Hudson)‐$ SCST800.00$ 1,200.00$ 2,000.00$ 2,000.00$ 6,000.00$ EA9,090.00$ 7,922.00$ 7,376.00$ 2,500.00$ 2,500.00$ 2,500.00$ 31,888.00$ Environmental ServicesPaleo (Brian F Smith & Assoc)20,000.00$ 20,000.00$ Biological (Balk)2,500.00$ 2,500.00$ Cultural (SSS)2,500.00$ 2,500.00$ RF Yeager Associates (Coatings Insp)5,000.00$ 5,000.00$ Miscellaneous Costs1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 4,000.00$ Cash FlowProposed Amendment (Nov 2018)100,000.00$ Monthly Expenditures47,649.40$ 40,191.20$ 43,435.88$ 34,224.00$ 23,652.00$ 23,264.00$ 32,410.00$ Remaining Budget128,000.00$ 80,350.60$ 40,159.40$ (3,276.48)$ 62,499.52$ 38,847.52$ 15,583.52$ (16,826.48)$ 1/18/2019Exhibit "A"Remaining Work and Staffing ProjectionsUTIL1139Page 6 of 13DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 EXHIBIT “B” SCOPE OF WORK AND TECHNICAL APPROACH Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project Construction Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) Task 100 – Project Management Under this task ARCADIS will provided overall project management under the direction of our Contract Manager, including budget and schedule control, sub-consultant management, project documentation, progress meetings and quality assurance/quality control as defined by the following sub-tasks. Task 1.1.1 – Track Project Progress and Schedule Under this sub-task ARCADIS will tailor our internal “project management” (PM) computer based budget and labor effort tracking system, and will submit monthly invoices to the City in accordance with the City’s requirements. The monthly invoices will identify the following “task-by-task” information, and will be in the same format as invoices submitted for the Constructability Review which was done under separate contract with the City. Budget Amount Amount Previously Billed Current Invoice Amount Amount Billed to Date Amount Remaining % Budget Expended to Date % Work Completed to Date Task 1.1.2 – Sub Consultant Management Under this sub-task ARCADIS will develop and execute agreements with our sub- consultants, will process sub-consultant invoices, and will help coordinate sub-consultant efforts associated with the Construction Management and Inspections Services. Task 1.1.3 – Project Management Documentation Under this sub-task ARCADIS will establish our electronic and “hard copy” document filing system for overall project management efforts under task 100, will maintain project documents and will distribute project documents to internal and external project team members as deemed appropriate by our Contract Manager, our Construction Manager, and the City’s Project Manager. UTIL1139 Page 7 of 13 DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 Task 1.1.4 – Progress Meetings Under this task ARCADIS will coordinate with the City and will actively participate in a “kick-off” meeting following a Notice-to-Proceed. Thereafter, monthly progress meetings will be conducted with the City by our Contract Manager and Construction Manager. These meetings will focus on review of project status and budgets and will be independent of weekly construction progress meetings to be conducted with the City and the Construction Contractor by our Construction Manager under Task 300. Task 1.1.5 – Quality Assurance/Quality Control Under this task ARCADIS will engage and consult with our Quality Consultant on an “as-needed” basis during construction to help mitigate and resolve construction issues as they arise. Task 300 – Construction Phase Services Under this task ARCADIS will provide construction management, resident engineering and inspection services as define in the following sub-tasks. Task 3.1.2 – Construction Management Documentation Under this sub-task ARCADIS will establish our electronic and “hard copy” document filing system for our construction management efforts under task 300; will maintain project documents and will distribute project documents to internal and external project team members as deemed appropriate by our Construction Manager and the City’s Project Manager. Our Construction Manager will maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility service interruptions, and all other project correspondence. Our Construction Manager will prepare three copies of the monthly progress report and submit them to the City’s Project Manager. This progress report will include the following elements: ‐ Summary of the prior month’s main accomplishments and current construction activities. ‐ Overall contractor’s conformance to contract schedule and quality requirements ‐ Identification of key problems, action items and issues and will include recommendation for solutions. ‐ Summary of progress payments, change orders, disputes, submittals, RFIs and Notices of Noncompliance. ‐ Photographs of representative project activities. Implement Web–Based Data Management System The project documents require the Contractor to provide and manage a web-based document control system capable of sending, receiving, retrieving and responding to Contractor submittals, RFIs, RFDs, change orders, etc; and tracking documents, their pertinent information and their status at any time, as well as their relationship to other project documents. There are a number of customizable software programs that are specifically designed to help manage construction projects. ARCADIS has experience with many of these available systems UTIL1139 Page 8 of 13 DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 and will work with the Contractor in selecting a system containing features which are best suited for the project to control, distribute and manage all project documents. Task 3.1.3 – Photo Documentation Under this sub-task our Construction Manager and pipeline Resident Engineer will review the contractor’s videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and clearly depict pre-existing conditions. Our Construction Manager and Resident Engineers will prepare additional videotape and/or photographs to document site conditions as required to supplement the Contractor’s videotape. Our Construction Manager and pipeline Resident Engineer will take and develop construction documentation photographs on a regular basis and maintain a digital photographic library of all significant construction activities, providing unique file names for photos including date and location information. The Construction Manager will take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Task 3.1.4 – Construction Progress Meetings Construction progress meetings will be conducted as required per the Contract Documents. Our Construction Manager and other team members, as appropriate will participate in progress meetings. These meeting will be coordinated and chaired by our Construction Manager who will prepare and issue meeting agendas and meeting minutes for all progress meetings and special meetings/workshops with the Construction Contractor. Task 3.1.5 – Critical Path Method Schedule Reviews Under this sub-task ARCADIS will review and comment on the Contractor’s baseline CPM schedule for compliance with the contract requirements relative to overall schedule, interim milestones, phasing of construction and coordination of tie-in and shut down activities. Subsequent to review and approval of the baseline schedule, ARCADIS will review and comment on the Contractor’s monthly CPM schedule updates. Task 3.1.6 – Shop Drawings and Submittal Reviews Under this sub-task ARCADIS will receive, log, distribute, monitor and track shop drawings and submittals made by the Construction Contractor, and coordinate the review of shop drawings and submittals with the City and the Design Engineer where appropriate. ARCADIS will review all submittals for completeness and general compliance with the requirements of the Contract Documents prior to forwarding the submittals to the Design Engineer. ARCADIS will receive, log, distribute and track all project submittals and responses; review and respond to our assigned project submittals; and coordinate reviews for all project submittals assigned to the Design Engineer. The anticipated assignment of submittals for review by ARCADIS and the Design Engineer is identified in Attachment “A” hereto. Task 3.1.7 – Plans and Specifications Interpretation Under this sub-task ARCADIS will receive, log, distribute, monitor and track all RFIs submitted by the Construction Contractor. ARCADIS will coordinate, as needed, with the Design Team for interpretation UTIL1139 Page 9 of 13 DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 of the Contract Documents where appropriate and will respond to all RFIs in a timely manner and within a time frame to be specified in the Contract Documents. ARCADIS will review and process RFIs that do not, in our opinion, alter the design intent; and will coordinate with the Design Engineer for responding to all RFI’s that might alter the design intent. Task 3.1.8 – Construction Inspection Services and Materials Testing Under this sub-task ARCADIS will provide full time construction inspection over the course of the project; will coordinate materials testing required of the Construction Contractor; and will provide inspections and testing services not required of the Construction Contractor but required to confirm compliance with the requirements of the Contract Documents. Factory, Performance and Acceptance testing will be provided by the Design engineer. Task 3.1.9 – Progress Payments Approximately five days prior to the submittal of the payment application our Construction Manager will walk the project with the contractor’s field personnel and agree on a percent complete of the work. The Construction Manager will ensure during the initial schedule cost loading that the construction activities are fairly spread throughout the project and not allow front end loading. Payments on material arriving early on the project will be allowed to be billed with proper invoice backup from the manufacturer or supplier. Once the payment application percent complete is approved, our Construction Manager will request that the contractor complete the payment application with required backup and will review it with the City for approval. Our Construction Manager will discuss prerequisites to a complete payment application with the City prior to the start of the project. These prerequisites could include: ‐ Monthly Schedule Update with Current Status ‐ Material Invoices for Material On Hand But Not Installed ‐ Off Site Billed Material with Bill of Sale to Contractor and Proper Insurance for Stored Location ‐ Updated As-Built Documentation ‐ Up To Date SWPPP Documentation ‐ Up To Date Regulatory Reports Task 3.2.1 – Contractor Claims and Change Orders Under this sub-task our Construction Manager will: ‐ Identify, prepare, log and monitor all contractor or City initiated claims, changes, extra work and change orders. ‐ Negotiate all claims to an agreed contract/consultant/City conclusion. ‐ Submit change orders to the City for approval. ‐ Prepare a report providing statement of claim, extra work or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. ‐ Prepare written justification and cost estimates for each change order and negotiate costs with the contractor. ‐ Review claims, extra work and change orders that require design modifications or clarifications, including revisions to drawings, details and specifications. ‐ Resolve claims, extra work and change orders for changes to the work and obtain City UTIL1139 Page 10 of 13 DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 approval. ‐ All Change Orders affecting or changing the design intent will be coordinated with the Design Engineer. The Design Engineer will provide input to Construction Manager prior to Construction Manager responding to Potential Change Order (PCO’s) or Change Order Requests (COR’s). Processing a Disputed Change Order Prior to processing a disputed change order our Construction Manager will exhaust all reasonable remedies for resolving the dispute with the Contractor. ARCADIS’ recommended change order review and negotiation best management practices are outlined below and the path we would follow prior to processing a disputed change. Prompt Resolution of Changes in the Field Critical to Cost Management is the prompt resolution of cost and schedule issues in the field. The most detailed knowledge of an issue resides in the field with the Contractor’s personnel and the City’s construction representative. We believe that it is best handled in the field and that providing qualified personnel in the field, ARCADIS will be able to resolve most issues in the field. When or if it does become necessary to elevate issues to a higher executive level, ARCADIS will ensure that all viable options for field resolution have been exhausted. Use Established Cost Manuals For most projects, we recommend requiring an established estimating guide such as MEANS within the Contract Documents to establish labor productivity rates so that factor in negotiations is taken off the table. Utilize Time and Material Procedures Particularly for items of indefinite quantity where a Contractor will want to price in contingency on a lump sum proposal, it may be more effective to utilize the time and material procedures outline in the General Conditions to resolve the disputed item. This may be a means to resolve a dispute when merit for change is acknowledged. Meet and Confer If after field personnel have met at least a couple of times on the issue and both parties have done their due diligence to establish their factual position (independent cost estimates, material supplier quotes, etc.), the issue would need to be elevated to the executive management of the Contractor, ARCADIS and the City. A formal Meet and Confer conference would be established on site to discuss the issue. Task 3.2.2 – Litigation Support (Optional Task) ARCADIS will provide as an Optional Task, the lead role and support to the City in resolving claims and disputes that potentially go to litigation including, written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, and/or coordinating design services for replacement of damaged work and services made necessary if Contractor defaults. Task 3.2.3 – Start-Up Coordination Under this sub-task ARCADIS will assist the City and Design Engineer in review of start-up and UTIL1139 DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 testing plans, and project commissioning plans for compliance with the requirements of the Contract Documents; and will oversee and document the Contractor’s start-up, testing and commissioning activities. Task 3.2.4 – Manufacture Training Under this sub-task ARCADIS will assist the City and Design Engineer in review manufacturer training plans required per the Contract Documents and will proctor the training to confirm compliance with approved training plans. The Construction Manager will coordinate the video recording the training sessions for future use and training of new City personnel. Task 3.2.5 – Record Drawings Under this sub-task our Construction Manager, Resident Engineers and/or Lead Inspectors will review the Contractor’s “red-line” as-built drawings on a monthly basis to confirm the Contractor has meet the prerequisite requirement for progress payments as identified under Task 3.1.9. Subsequent to production of Record Drawings by the Design Engineer, ARCADIS will review the Record Drawings for accuracy relative to the “red-line” as-built drawings provided to the Design Engineer. Task 3.2.6 – Public Relations and Traffic Under this sub-task ARCADIS will coordinate with the public and with the Contractor to inform the public construction activities that will impact the community. We suggest the City of Carlsbad secure and engage the services of a public relations firm to develop and administer a focused public outreach program. Task 400 – Project Closeout Under this task ARCADIS will provide the following services for project closeout and final acceptance by the City. Task 4.1.1 – Punchlists Under this sub-task ARCADIS will coordinate construction close-out by working with the Contractor in developing preliminary and final punchlists to finalize each item of work not yet signed off, and will conduct a final walk-thru on each project element prior to recommending final acceptance by the City. Task 4.1.2 – Project Closeout Report Under this sub-task ARCADIS will provide the City a detailed closeout report for each project element. This narrative will encompass the project from start to completion, including the initial and final schedules, the initial and final budgets, photographs documenting the progress of the work, and a final change order report. Arcadis will provide the city with a complete package of all electronic and paper files at the conclusion of the Project. UTIL1139 Page 12 of 13 DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 Exhibit “C” City of Carlsbad Agua Hedionda Project Cost Proposal Summary Task No. Description Total 100 Project Management $ 50,000 00111 Track Project Progress and Schedule $ PM Updates Monthly Invoices 00112 Sub Consultant Management $ Sub Consultant Agreements/Amendments Sub Consultant Invoices Sub Consultant Coordination 00113 Project Management Documentation $ Document Filing and Control 00114 Progress Meetings $ 00115 QA/QC $ 300 Construction Phase Services $ 50,000 00312 Construction Management Documentation $ 00313 Photo Documentation $ 00314 Construction Progress Meetings $ 00315 CPM Schedule Reviews $ 00316 Shop Drawing/Submittal Processing/Review $ 00317 RFI/RFD Processing/Review $ 00318 Inspection and Testing $ 00319 Progress Payment Processing/Review $ 00321 Change Order/Claims Processing/Review $ 00323 Start-Up Assistance/Coordination $ 00324 Proctor Manufacturer Training $ 00325 Record Drawings Review/Approval $ 00326 Public Relations & Traffic $ 400 Project Closeout $ 0 00411 Punchlist Development and Tracking $ 00412 Project Closeout Report $ Total $ 100,000 UTIL1139 Page 13 of 13 DocuSign Envelope ID: 1F0F3593-8912-4C70-9216-85CBE86CE8D5 ABFGHolder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020772415113462010307066055722661013070273265321377200763600017641775707700411752674130076727242035772000777777707000707007 7777777707070700073525677115456000723100406036213307132337352162110071233373421630000703322625206311007023337242172110071233372520631000713223725207311107122237243073110077756163351765540777777707000707007Certificate No :570074871975CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/19/2019 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). 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. PRODUCER Aon Risk Services South, Inc. Franklin TN Office 501 Corporate Centre Drive Suite 300 Franklin TN 37067 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 24554XL Insurance America IncINSURER A: 37885XL Specialty Insurance CoINSURER B: 22322Greenwich Insurance CompanyINSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):800-363-0105 CONTACTNAME: Arcadis U.S., Inc. 630 Plaza DriveSuite 200Highlands Ranch CO 80129 USA COVERAGES CERTIFICATE NUMBER:570074871975 REVISION NUMBER: 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.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $1,000,000 $10,000 $1,000,000 $2,000,000 $2,000,000 Contractual Liability C 01/01/2019 10/01/2019 SIR applies per policy terms & conditions GEC001076117 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X BODILY INJURY (Per accident) $1,000,000B01/01/2019 10/01/2019 Property Damage to Others COMBINED SINGLE LIMIT (Ea accident) AEC001075817 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $1,000,000 $1,000,000 $10,000 01/01/2019UMBRELLA LIABB 10/01/2019UEC001075917 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ER PER STATUTEA01/01/2019 10/01/2019 All Other States RWR943516713B 01/01/2019 10/01/2019 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN AK, WI Only WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 RWD943516313 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project Number: 03472001.0002, Revised Proposal For Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project, Construction Management and Inspection Services(CIP Nos. 3886, 3492 and 3949). City of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of City of Carlsbad in accordance with the policy provisions of the Workers' Compensation/Employer's Liability policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWDAttn: Terry Smith1635 Faraday Ave.Carlsbad CA 92008 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Page 1 ENDORSEMENT TBD This endorsement, effective 12:01 a.m., January 1, 2019 forms a part of Policy No. AEC001075817 issued to ARCADIS U.S., INC. AND CALLISONRTKL INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT Advanced written notice will be mailed or delivered to person(s) or entity(ies) shown in the Schedule below at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason Schedule Name of Person(s) or Entity(ies) Mailing Address: AS PER SCHEDULE ON FILE WITH COMPANY AS PER SCHEDULE ON FILE WITH COMPANY All other terms and conditions of the Policy remain unchanged. This endorsement, effective 12:01 a.m., January 1, 20 forms a part of Policy No. GEC0010761 issued to ARCADIS U.S., INC. AND CALLISONRTKL INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT #7%' IXI 405 0910 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH COMPANY AS PER SCHEDULE ON FILE WITH COMPANY 30 All other terms and conditions of the Policy remain unchanged. XIL 2037-0704 (Ed. 0413) © 2013, XL America, Inc. Page 1 of 1 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission ENDORSEMENT #7%' This endorsement, effective 12:01 a.m., January 1, 201 forms a part of Policy No. GEC00107611 issued to ARCADIS U.S., INC. AND CALLISONRTKL INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. VARIOUS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this policy remain unchanged. XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. Page 1 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission ENDORSEMENT #TBD This endorsement, effective 12:01 a.m., January 1, 201 forms a part of Policy No. GEC00107611 issued to ARCADIS U.S., INC. AND CALLISONRTKL INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED –OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II –Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or VARIOUS AS REQUIRED PER WRITTEN CONTRACT XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. Page 2 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. • UTIL1139 AMENDMENT NO. 4 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA CARLSBAD INTERCEPTOR SEWER, REACHES 11 B-15, AND THE AGUA HEDIONDA SEWER LIFT STATION, PROJECT 3949, 3492, 3886 ARCADIS U.S., INC. ~ndment No. 4 is entered into and effective as of the 2.L\ ~ day of ---~.......,_---"--__..__ _______ , 2018, amending the agreement dated November 4, 2014 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Arcadis U.S., Inc., ("Contractor") (collectively, the "Parties") for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches 11 B-15 and the Agua Hedionda Sewer Lift Station. RECITALS A. On May 19, 2015, the Parties executed Amendment No. 1 to the Agreement to add Environmental Mitigation Monitoring Support during project construction; and B. On January 12, 2017, the Parties executed Amendment No. 2 to the Agreement to alter the Agreement's scope of work to include additional Environmental Monitoring; and C. On September 13, 2017, the Parties executed Amendment No. 3 to the Agreement to alter the Agreement's scope of work to include additional Environmental Monitoring; and D. The Parties desire to alter the Agreement's scope of work to provide Construction Management and Inspection Services; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed three hundred thousand dollars ($300,000). 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 November 3, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 9/27/16 May 22, 2018 Item #5 Page 8 of 28 By~~-~ (sign here) B \ ~ t\v\ . ±:\-o~ ).\~ . (print nfrnehitle) ATTEST: Barbara Engles n ~(.~ s 11,:0: .. f City Clerk UTIL 1139 If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~.,!{7);,... Deputy City Attorney 2 of 10 May 22, 2018 Item #5 Page 9 of 28 EXHIBIT "'A" SCOPE OF WORK AND TECHNICAL APPROACH Vista/Carlsbad Interceptor Sewer and Agua I-ledionda Lift Station Replacement Project Constructfon Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) Task 100 -Project Management UTIL 1139 Under this tasl~ ARCADIS will provided overall project management under the direction of our Contract Manager, including budget and schedule control, sub-consultant management, project documentation, progress meetings and quality assurance/quality control as defined by the following sub-tasks. Task 1.1.1 -Track Project Progress and Schedule Under this sub-task ARCADIS will tailor our internal "project management" (PM) computer based budget and labor effort tracking system, and will submit monthly invoices to the City in accordance with the City's requirements. The monthly invoices will identify the following "task-by-task" information, and will be in the same format as invoices submitted for the Constructability Review which was done under separate contract with the City. • Budget Amount • Amount Previously Billed • Current Invoice Amount • Amount Billed to Date • Amount Remaining • % Budget Expended to Date • % Work Completed to Date Task 1.1.2 -Sub Consultant Management Under this sub-task ARCADIS will develop and execute agreements with our sub- consultants, will process sub-consultant invoices, and will help coordinate sub-consultant effmts associated with the Construction Management and Inspections Services. Task 1.1.3 -Project Management Documentation Under this sub-task ARCADIS will establish our electronic and "hard copy" document filing system for overall project management cff01ts under task 100, will maintain project documents and will distribute project documents to internal and external project team 3 of 10 May 22, 2018 Item #5 Page 10 of 28 UTIL1139 members as deemed appropriate by our Contl'act Manager, our Construction Manager, and the City's Project Manager. Task 1.1.4 -Progress Meetings Under this task ARCADIS will coordinate with the City and will actively participate in a "kick-off" meeting following a Notice-to-Proceed. Thereafter, monthly progress meetings will be conducted with the City by our Contract Manager and Construction Manager. These meetings will focus on review of project status and budgets and will be independent of weekly construction progress meetings to be conducted with the City and the Construction Contractor by our Construction Manager under Task 300. Task 1. l .5 -Quality Assurance/Quality Control Under this task ARCADIS will engage and consult with our Quality Consultant on an "as-needed" basis during construction to help mitigate and resolve construction issues as they arise. Task 300 -Constl'uction Phase Services Under this task ARCADIS will provide construction management, resident engineering and inspection services as define in the following sub-tasks. Task 3.1.2-Construction Management Documentation Under this sub-task ARCADIS will establish our electronic and "hard copy" docqment filing system for our construction management efforts under task 300; will maintain project documents and will distribute project documents to internal and external project team members as deemed appropriate by om Construction Manager and the City's Project Manager. Our Construction Manager will maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility service interruptions, and all other project correspondence. Our Constructiou Manager will prepare three copies of the monthly progress repi:nt and submit them to the City's Project Manager. This progress report will include the following elements: Summary of the prior month's main accomplishments and current construction activities. Overall contractor's conformance to contract schedule and quality requirements Identification of key problems, action items and issues and will include recommendation for solutions. Summary of progress payments, change orders, disputes, submittals, RFis and Notices of Noncompliance. Photographs of representative project activities. Implement Web-Based Data Management System The project documents require the Contractor to provide and manage a web-based document control system capable of sending, receiving, retrieving and responding to Contractor submittals, RFls, RFDs, change orders, etc; and tracking documents, their pertinent information and their status at any time, as well as their relationship to other project documents. There are a number of customizable software programs that are specifically designed to help manage construction projects. ARCADIS has experience with many of these available systems 4 of 10 May 22, 2018 Item #5 Page 11 of 28 UTIL 1139 and will work with the Contractor in selecting a system containing features which are best suited for the project to control, distribute and manage all project documents. Task 3.1.3 -Photo Documentation Under this sub-task our Construction Manager and pipeline Resident Engineer will review the contractor's videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and clearly depict pre-existing conditions. Our Construction Manager and Resident Engineers will prepare additional videotape and/or photographs to document site conditions as required to supplement the Contractor's videotape. Our Construction Manager and pipeline Resident Engineer will take and develop construction documentation photographs on a regular basis and maintain a digital photographic library of all significant construction activities, providing unique file names for photos including date and location information. The Construction Manager will take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Task 3.1.4-Construction Progress Meetings Construction progress meetings will be conducted as required per the Contract Documents. Our Constmction Manager and other team members, as appropriate will participate in progress meetings. These meeting will be coordinated and chaired by our Construction Manager who will prepare and issue meeting agendas and meeting minutes for all progress meetings and special meetings/workshops with the Construction Contractor. Task 3. 1 .5 -Critical Path Method Schedule Reviews Under this sub-taskARCADIS will review and comment on the Contractor's baseline CPM schedule for compliance with the contract requirements relative to overall schedule, interim milestones, phasing of construction and coordination of tie-in and shut down activities. Subsequent to review and approval of the baseline schedule, ARCADIS will review and comment on the Contrnctor's monthly CPM schedule updates. Task 3 .1.6 -Shop Drawings and Submittal Reviews Under this sub-task. ARCADIS will receive, log, distribute, monitor and track shop drawings and submittals made by the Construction Contractor, and coordinate the review of shop drawings and submittals with the City and the Design Engineer where appropriate. ARCADJS will review all submittals for completeness and general compliance with the requirements of the Contract Documents prior to forwarding the submittals to the Design Engineer. ARCADIS will receive, log, distribute and track all project submittals and responses; review and respond to our assigned project submittals; and coordinate reviews for all project submittals assigned to the Design Engineer. The anticipated assignment of submittals for review by ARCAD1S and the Design Engineer is identified in Attachment "A" hereto. Task 3.1.7-Plans and Specifications Interpretation Under this sub-task ARCADIS will receive, log, distribute, monitor and track all RFis submitted by the Construction Contractor. ARCADIS will coordinate, as needed, with the Design Team for interpretation 5 of 10 May 22, 2018 Item #5 Page 12 of 28 UTIL 1139 of the Contract Documents where appropriate and will respond to all RF Is in a timely manner and within a time frame to be specified in the Contract Documents. ARCADIS will review and process RFis that do not, in our opinion, alter the design intent; and will coordinate with the Design Engineer for responding to all RFI's that might alter the design intent. Task 3.1.8 -Construction Inspection Services and Materials Testing Under this sub-task ARCADIS will provide full time construction inspection over the course of the project; will coordinate materials testing required of the Construction Contractor; and will provide inspections and testing services not required of the Construction Contractor but required to confirm compliance with the requirements of the Contract Documents. Factory, Performance and Acceptance testing will be provided by the Design engineer. Task 3 .1.9 -Progress Payments Approximately five days prior to the submittal of the payment application our Construction Manager will walk the project with the contractor's field personnel and agree on a percent complete of the work. The Construction Manager will ensure during the initial schedule cost loading that the construction activities are fairly spread throughout the project and not allow front end loading. Payments on material arriving early on the project will be allowed to be billed with proper invoice backup from the manufacturer or supplier. Once the payment application percent complete is approved, our Construction Manager will request that the contractor complete the payment application with required backup and will review it with the City for approval. Our Construction Manager will discuss prerequisites to a complete payment application with the City prior to the start of the project. These prerequisites could include: Monthly Schedule Update with Current Status Material Invoices for Material On Hand But Not Installed Off Site Billed Material with Bill of Sale to Contractor and Proper Insurance Location Updated As-Built Documentation Up To Date SWPPP Documentation Up To Date Regulatory Rep01ts Task 3.2.1 -Contractor Claims and Change Orders Under this sub-task our Constrnction Manager will: for Stored Identify, prepare, log and monitor all contractor or City initiated claims, changes, extra work and change orders. Negotiate alJ claims to an agreed contract/consultant/City conclusion. Submit change orde1·s to the City for approval. Prepare a report providing statement of claim, extra work or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order and negotiate costs with the contractor. Review claims, extra work and cha6.ge orders that require design modifications or clarifications, including revisions lo drawings, details and specifications. Resolve claims, extra work and change orders for changes to the work and obtain City 6 of 10 May 22, 2018 Item #5 Page 13 of 28 UTIL 1139 approval. All Change Orders affecting or changing the design intent will be coordinated with the Design Engineer. The Design Engineer will provide input to Construction Manager prior to Construction Manager responding to Potential Change Order (PCO's) or Change Order Requests (COR's). Processing a Disputed Change Order Prior to processing a disputed change order our Construction Manager will exhaust all reasonable remedies for resolving the dispute with the Contractor. ARCADIS' recommended change order review and negotiation best management practices are outlined below and the path we would follow prior to processing a disputed change. Prompt Resolution of Changes in the Field Critical to Cost Management is the prompt resolution of cost and schedule issues in the field. The most detailed knowledge of an issue resides in the field with the Contractor's personnel and the City's construction representative. We believe that it is best handled in the field and that providing qualified personnel in the field, ARCADIS will be able to resolve most issues in the field. When or if it does become necessary to elevate issues to a higher executive level, ARCADIS will ensure that all viable options for field resolution have been exhausted. Use Established Cost Manuals For most projects, we recommend requiring an established estimating guide such as MEANS within the Contract Documents to establish labor productivity rates so that factor in negotiations is taken off the table. Utilize Time and Material Procedures Particularly for items of indefinite quantity where a Contractor will want to price in contingency on a lump sum proposal, it may be more effective to utilize the time and material procedures outline in the General Conditions to resolve the disputed item. This may be a means to resolve a dispute when merit for change is acknowledged. Meet and Confer If after field personnel have met at least a couple of times on the issue and both parties have done their due diligence to establish their factual position (independent cost estimates, material supplier quotes, etc.), the issue would need to be elevated to the executive management of the Contractor, ARCADIS and the City. A formal Meet and Confer conference would be established on site to discuss the issue. Task 3.2.2-Litigation Support (Optional Task) ARCADIS will provide as an Optional Task, the lead role and support to the City in resolving claims and disputes that potentially go to litigation including, written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, and/or coordinating design services for replacement of damaged work and services made necessary if Contractor defaults. Task 3.2.3 -Start-Up Coordination Under this sub-task ARCADIS will assist the City and Design Engineer in review of start-up and 7 of 10 May 22, 2018 Item #5 Page 14 of 28 UTIL 1139 testing plans, and project commissioning plans for compliance with the requirements of the Contract Documents; and will oversee and document the Contractor's start-up, testing and commissioning activities. Task 3.2.4-Manufacture Training Under this sub-task ARCADIS will assist the City and Design Engineer in review manufacturer training plans required per the Contract Documents and will proctor the training to confirm compliance with approved training plans. The Construction Manager will coordinate the video recording the training sessions for fi.rture· use and training of new City personnel. Task 3.2.5 -Record Drawings Under this sub-task our Construction Manager, Resident Engineers and/or Lead Inspectors will review the Contractor's "red-line" as-built drawings on a monthly basis to confirm the Contractor has meet the prerequisite requirement for progress payments as identified under Task 3.1.9. Subsequent to production of Record Drawings by the Design Engineer, ARCADJS wiJI review the Record Drawings for accuracy relative to the "red-line" as-built drawings provided to the Design Engineer. Task 3.2.6-Public Relations and Traffic Under this sub-task ARCADIS will coordinate with the public and with the Contractor to inform the public construction activities that will impact the community. We suggest the City of Carlsbad secure and engage the services of a public relations firm to develop and administer a focused public outreach program. Task 400 -Project Closeout Under this task ARCADIS will provide the following services for project closeout and final acceptance by the City. Task 4.1.1 -Punchlists Under this sub-task ARCADIS will coordinate construction close-out by working with the Contractor in developing preliminary and final punchlists to finalize each item of work not yet signed off, and will conduct a final walk-thru on each project element prior to recommending final acceptance by the City. Task 4.1 .2 -Project Closeout Report Under this sub-task ARCADIS will provide the City a detailed closeout rep011 for each project element. This narrative will encompass the project from start to completion, including the initial and final schedules, the initial and final budgets, photographs documenting the progress of the work, and a final change order report. Arcadis will provide the city with a complete package of all electronic and paper files at the conclusion of the Project. 8 of 10 May 22, 2018 Item #5 Page 15 of 28 Task No. 100 00111 00112 00113 00114 00115 300 00312 00313 00314 00315 00316 00317 00318 00319 00321 00323 00324 00325 00326 400 00411 00412 City of Carlsbad Agua Hedionda Project CostProposalSuJnJnary Description Project Management Track Project Progress and Schedule PM Updates Monthly Invoices Sub Consultant Management Sub Consultant Agreements/Amendments Sub Consultant Invoices Sub Consultant Coordination Project Management Documentation Document Filing and Control Progress Meetings QA/QC Construction Phase Services Construction Management Documentation Photo Documentation Construction Progress Meetings CPM Schedule Reviews Shop Drawing/Submittal Processing/Review RFI/RFD Processing/Review Inspection and Testing Progress Payment Processing/Review Change Order/Claims Processing/Review Start-Up Assistance/Coordination Proctor Manufacturer Training Record Drawings Review/Approval Public Relations & Traffic Project Closeout Punchlist Development and Tracking Project Closeout Report 9 of 10 UTIL 1139 Total $ 95,878 $ $ $ $ $ $ 201,291 $ $ $ $ $ $ $ $ $ $ $ $ $ $ 0 $ $ Total $ 297,169 May 22, 2018 Item #5 Page 16 of 28 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Total Billing Rate Sub Total Schedule Pipeline I Street Work Commissioning LDs and Claim Support (25% of Mark Sullivan's time) Demo I Final Site Project Management - Franz Schauer 173 173 173 173 692.00 $ 188.00 $ 130,096.00 Jon Westervelt 0.00 $ 198.00 $ - Rick Farr 8 8 8 8 8 8 8 56.00 $ 188.00 $ 10,528.00 Admin (Celia) 130 130 130 130 130 130 130 910.00 $ 59.40 $ 54,054.00 Admin (Janet) 8 8 8 8 8 8 8 56.00 $ 75.00 $ 4,200.00 I Construction Phase Services Anthony Dazzo 173 173 173 519.00 $ 150.00 $ 77,850.00 Kenny Smith (l&C) 40 40 40 40 160.00 $ 160.00 $ 25,600.00 SUBS Mark Sullivan (MJS) CM 75% and 25% for LDs and Claim support 173 173 173 173 173 173 173 1211.00 $ 151.20 $ 183,103.20 RCS (Jim Hudson) $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 SCST $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 Environmental Services Paleo (Brian F Smith & Assoc) $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 Biological (Balk) $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 3,000.00 $ 3,000.00 Cultural (555) $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 Miscellaneous Costs $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 Cash Flow Budget Remaining thru 3/25/18 $ 306,262.00 Monthly Expenditures $ 139,857.60 $ 139,857.60 $ 124,857.60 $ 82,907.60 $ 43,983.60 $ 35,983.60 $ 35,983.60 $ 603,431.20 Remaining Budget $ 166,404.40 $ 26,546.80 $ (98,310.80) $ (181,218.40) $ (225,202.00) $ (261,185.60) $ (297,169.20) 5/1/2018 May 22, 2018 Item #5 Page 17 of 28 UTIL 1139 AMENDMENT NO. 3 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES 11B-15, AND THE AGUA HEDIONDA SEWER LIFT STATION, PROJECT 3949, 3492, 3886 ARCADIS U.S., INC. is entered into and effective as of the \ ,t>--tt\ day of -----,~.lo.L.F-"-=.:..:.....;i..=._..!.... ____ , 2017, amending the agreement dated November 4, 2014 (the 'Agre ent") by and between the City of Carlsbad, a municipal corporation, ("City"), and Arcadis U.S., Inc., ("Contractor") (collectively, the "Parties") for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches 118-15 and the Agua Hedionda Sewer Lift Station. RECITALS A. On May 19, 2015, the Parties executed Amendment No. 1 to the Agreement to add Environmental Mitigation Monitoring Support during project construction; and B. On January 12, 2017, the Parties executed Amendment No. 2 to the Agreement to alter the Agreement's scope of work to include additional Environmental Monitoring; and C. The Parties desire to alter the Agreement's scope of work to provide Construction Management and Inspection Services; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed eight hundred sixty one thousand four hundred dollars ($861,400). 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 November 3, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 9/27/16 UTIL 1139 . corporat1o'h dw~~~. By: BARBARA If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:---~"-----'-----"~-------=--- Deputy City Attorney City Attorney Approved Version 9/27/16 2 EXHIBIT "A" SCOPE OF WORK AND TECHNICAL APPROACH Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project UTIL1139 Construction Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) Task 100 -Project Management Under this task ARCADIS will continue to provide overall project management, including budget and schedule control, sub-consultant management, project documentation, progress meetings and quality assurance/quality control as defined by the following sub-tasks. Task 1.1.1 -Track Project Progress and Schedule Under this sub-task ARCADIS will continue to provide internal "project management" (PM) computer based budget and labor effort tracking system, and will submit monthly· invoices to the City in accordance with the City's requirements. The monthly invoices will identify the following "task-by-task" information. • Budget Amount • Amount Previously Billed • Current Invoice Amount • Amount Billed to Date • Amount Remaining • % Budget Expended to Date • % Work Completed to Date Task 1.1.2 -Sub Consultant Management Under this sub-task ARCADIS will continue to develop and execute agreements with our sub-consultants, will continue to process sub-consultant invoices, and will continue to help coordinate sub-consultant efforts associated with the Construction Management and Inspections Services. Task 1.1.3 -Project Management Documentation Under this sub-task ARCADIS will continue to utilize our electronic and "hard copy" document filing system for overall project management efforts under task 100, will maintain project documents and will distribute project documents to internal and external project team members as deemed appropriate by our Contract Manager, our Construction Manager, and the City's Project Manager. Page 72 UTIL1139 Task 1.1.4 -Progress Meetings Under this task ARCADIS will continue to coordinate with the City and will actively participate in monthly progress meetings that will be conducted with the City by our Contract Manager and Construction Manager. These meetings will focus on review of project status and budgets and will be independent of weekly construction progress meetings to be conducted with the City and the Construction Contractor by our Construction Manager under Task 300. Task 1.1.5 -Quality Assurance/Quality Control Under this task ARCADIS will continue to engage and consult with our Quality Consultant on an "as-needed" basis during construction to help mitigate and resolve construction issues as they arise. Task 300 -Construction Phase Services Under this. task ARCADIS will continue to provide construction management, resident engineering and inspection services as define in the following sub-tasks. Task 3.1.2 -Construction Management Documentation Under this sub-task ARCADIS will continue our electronic and "hard copy" document filing system for our construction management efforts under task 300; will continue to maintain project documents and will distribute project documents to internal and external project team members as deemed appropriate by our Construction Manager and the City's Project Manager. Our Construction Manager and Resident Engineer will maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility service interruptions, and all other project correspondence. Our Construction Manager will prepare three copies of the monthly progress report and submit them to the City's Project Manager. This progress report will include the following elements: Summary of the prior month's main accomplishments and current construction activities. Overall contractor's conformance to contract schedule and quality requirements Identification of key problems, action items and issues and will include recommendation for solutions. Summary of progress payments, change orders, disputes, submittals, RFls and Notices of Noncompliance. Photographs of representative project activities. Web-Based Data Management System The project documents require the Contractor to provide and manage a web- based document control system capable of sending, receiving, retrieving and Page 73 UTIL1139 responding to Contractor submittals, RFls, RFDs, change orders, etc; and tracking documents, their pertinent information and their status at any time, as well as their relationship to other project documents. The Construction Management team will continue to manage an independent web-based document control system. Task 3.1.3 -Photo Documentation Our Construction Manager and pipeline Resident Engineer will continue to take and develop construction documentation photographs on a regular basis and maintain a digital photographic library of all significant construction activities, providing unique file names for photos including date and location information. The Construction Manager will take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Task 3.1.4 -Construction Progress Meetings Construction progress meetings will continue to be conducted as required per the Contract Documents. Our Construction Manager and other team members, as appropriate will participate in progress meetings. These meeting will be coordinated and chaired by our Construction Manager who will prepare and issue meeting agendas and meeting minutes for all progress meetings and special meetings/workshops with the Construction Contractor. Task 3.1.5 -Critical Path Method Schedule Reviews Under this sub-task our Construction Manager will continue to review and comment on the Contractor's baseline CPM schedule for compliance with the contract requirements relative to overall schedule, interim milestones, phasing of construction and coordination of tie-in and shut down activities. Subsequent to review and approval of the baseline schedule, the Construction Manager will continue to review and comment on the Contractor's monthly CPM schedule updates. Task 3.1.6 -Shop Drawings and Submittal Reviews Under this sub-task ARCADIS will continue to receive, log, distribute, monitor and track shop drawings and submittals made by the Construction Contractor, and coordinate the review of shop drawings and submittals with the City and the Design Engineer where appropriate. ARCADIS will review all submittals for completeness and general compliance with the requirements of the Contract Documents prior to forwarding the submittals to the Design Engineer. ARCADIS will continue to receive, log, distribute and track all project submittals and responses; review and respond to our assigned project submittals; and coordinate reviews for all project submittals assigned to the Design Engineer. Task 3.1. 7 -Plans and Specifications Interpretation Under this sub-task ARCADIS will continue to receive, log, distribute, monitor and track Page 74 UTIL1139 all RFls submitted by the Construction Contractor. ARCADIS will coordinate, as needed, with the Design Team for interpretation of the Contract Documents where appropriate and will respond to all RFls in a timely manner and within a time frame to be specified in the Contract Documents. ARCADIS will continue to review and process RFls that do not, in our opinion, alter the design intent; and will coordinate with the Design Engineer for responding to all RFl's that might alter the design intent. Task 3.1.8 -Construction Inspection Services and Materials Testing Under this sub-task ARCADIS will continue to provide full time construction inspection over the course of the project; will coordinate materials testing required of the Construction Contractor; and will provide inspections and testing services not required of the Construction Contractor but required to confirm compliance with the requirements of the Contract Documents. Factory, Performance and Acceptance testing will be provided by the Design engineer. Task 3.1.9 -Progress Payments Approximately five days prior to the submittal of the payment application our Resident Engineer will walk the project with the contractor's field personnel and agree on a percent complete of the work. The Construction Manager will ensure during the initial schedule cost loading that the construction activities are fairly spread throughout the project and not allow front end loading. Payments on material arriving early on the project will be allowed to be billed with proper invoice backup from the manufacturer or supplier. Once the payment application percent complete is approved, our Construction Manager will request that the contractor complete the payment application with required backup and will review it with the City for approval. Our Construction Manager will discuss prerequisites to a complete payment application with the City prior to the start of the project. Page 75 UTIL1139 These prerequisites could include: Monthly Schedule Update with Current Status Material Invoices for Material on Hand but Not Installed Off Site Billed Material with Bill of Sale to Contractor and Proper Insurance for Stored Location Updated As-Built Documentation Up To Date SWPPP Documentation Up To Date Regulatory Reports Task 3.2.1 -Contractor Claims and Change Orders Under this sub-task our Construction Manager will continue to: Identify, prepare, log and monitor all contractor or City initiated claims, changes, extra work and change orders. Negotiate all claims to an agreed contract/consultant/City conclusion. Submit change orders to the City for approval. Prepare a report providing statement of claim, extra work or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order and negotiate costs with the contractor. Review claims, extra work and change orders that require design modifications or clarifications, including revisions to drawings, details and specifications. Resolve claims, extra work and change orders for changes to the work and obtain City approval. All Change Orders affecting or changing the design intent will be coordinated with the Design Engineer. The Design Engineer will provide input to Construction Manager prior to Construction Manager responding to Potential Change Order (PCO's) or Change Order Requests (COR's). Processing a Disputed Change Order Prior to processing a disputed change order our Construction Manager will exhaust all reasonable remedies for resolving the dispute with the Contractor. ARCADIS' recommended change order review and negotiation best management practices are outlined below and the path we would follow prior to processing a disputed change. Page 76 UTIL1139 Prompt Resolution of Changes in the Field Critical to Cost Management is the prompt resolution of cost and schedule issues in the field. The most detailed knowledge of an issue resides in the field with the Contractor's personnel and the City's construction representative. We believe that it is best handled in the field and that providing qualified personnel in the field, ARCADIS will be able to resolve most issues in the field. When or if it does become necessary to elevate issues to a higher executive level, ARCADIS will ensure that all viable options for field resolution have been exhausted. Use Established Cost Manuals For most projects, we recommend requiring an established estimating guide such as MEANS within the Contract Documents to establish labor productivity rates so that factor in negotiations is taken off the table. Utilize Time and Material Procedures Particularly for items of indefinite quantity where a Contractor will want to price in contingency on a lump sum proposal, it may be more effective to utilize the time and material procedures outline in the General Conditions to resolve the disputed item. This may be a means to resolve a dispute when merit for change is acknowledged. Meet and Confer If after field personnel have met at least a couple of times on the issue and both parties have done their due diligence to establish their factual position (independent cost estimates, material supplier quotes, etc.), the issue would need to be elevated to the executive management of the Contractor, ARCADIS and the City. A formal Meet and Confer conference would be established on site to discuss the issue. Task 3.2.6 -Public Relations and Traffic Under this sub-task ARCADIS will coordinate with the public and with the Contractor to inform the public construction activities that will impact the community. Page 77 Task No. 100 00111 00112 00113 00114 00115 300 00312 00313 00314 00315 00316 00317 00318 00319 00321 00326 City of Carlsbad Agua Hedionda Project Cost Proposal Summary Description Project Management Track Project Progress and Schedule PM Updates Monthly Invoices Sub Consultant Management Sub Consultant Agreements/Amendments Sub Consultant Invoices Sub Consultant Coordination Project Management Documentation Document Filing and Control Progress Meetings QNQC Construction Phase Services Construction Management Documentation Photo Documentation Construction Progress Meetings CPM Schedule Reviews Shop Drawing/Submittal Processing/Review RFI/RFC Processing/Review Inspection and Testing Progress Payment Processing/Review Change Order/Claims Processing/Review Public Relations & Traffic UTIL1 139 Total $ 62,200 $ 49,700 $ 63,800 $ 27,400 $ 92,000 $ 6,800 $ 2,200 $ 9,800 $ 10,300 $ 67,400 $ 28,900 $ 398,50 $ 12,300 $ 27,500 $ 2,600 Total $ 861,400 Page 78 ~ I DATE(MM/DD/YYYY) ACC>RC,® CERTIFICATE OF LIABILITY INSURANCE ~ 12/22/2016 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). PRODUCER CONTACT Aon Risk Services South, NAME: Inc. PHONE (866) 283-7122 I rffc. No.): 800-363-0105 Franklin TN office (A/C. No. Ext): 501 Corporate Centre Drive E-MAIL suite 300 ADDRESS: Franklin TN 37067 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Greenwich Insurance Company 22322 Arcadis u.s. Inc. INSURER B: XL Specialty Insurance co 37885 630 Plaza Drive XL Insurance America Inc 24554 suite 200 INSURER C: Highlands Ranch CO 80129 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570064869624 REVISION NUMBER: 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. Limits shown are as requested , .. ~~ TYPE OF INSURANCE ~uu, »Ut>K POLICY NUMBER IMM/DDIYYYYI t'ULl<.;Y CCAr LIMITS LTR INSD WVD (MM/DDNYYY A X COMMERCIAL GENERAL LIABILITY GECUU.LU/bll5 01/Ul/ LV17 Ul/01/2018 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE 0occuR SIR applies per policy ter tns & condi ions DAMAGE TO RENTED $1,000,000 PREMISES (Ea occurrence) f-- X Contractual MED EXP (Any one person) $10,000 f--PERSONAL & ADV INJURY $1,000,000 ,_ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 ~ [~YRO-0LOC $2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER B AUTOMOBILE LIABILITY AEC00107 5815 01/01/2017 01/01/2018 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ADS f--BODILY INJURY ( Per person) X ANY AUTO f--OWNED -SCHEDULED BODILY INJURY (Per accident) f--AUTOS ONLY AUTOS -NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) f--ONLY -AUTOS ONLY B X UMBRELLA LIAB H OCCUR UEC001075915 01/01/2017 01/01/2018 EACH OCCURRENCE $1,000,000 ~ AGGREGATE $1,000,000 EXCESS LIAB CLAIMS-MADE DED I X I RETENTION $10,000 C WORKERS COMPENSATION AND RWD943516311 01/01/2017 01/01/2018 XI PER I IOTH-EMPLOYERS' LIABILITY Y/N ADS STATUTE ER B ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ RWR943516711 01/01/2017 01/01/2018 E L EACH ACCIDEtH $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) WI E.L DISEASE-EA EMPLOYEE $1,000,000 If yes. describe under E :.... D!SEASE--POL!CY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS be;ow DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project Number: 03472001.0002, Revised Proposal For Vista/Carlsbad Interceptor sewer and Agua Hedionda Lift Station Replacement Project, Construction Management and Inspection Services(CIP Nos. 3886, 3492 and 3949). City of Carlsbad is included as Additional Insured in accordance with the policy ~revisions of the General Liability policy. Genera·1 Liability policy evidenced herein is Primary to other insurance availab e to an Additional Insured, but only in accordance with the policy's provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad AUTHORIZED REPRESENTATIVE Attn: Terry Smith 1635 Faraday Ave. ~~c.?~c.?~f-Carlsbad CA 92008 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ,_ Ql I;: =§ Ql 32 ,_ Ql "'C 0 :c ... N CD (J) CD co ;l; D D l'-Ul 0 z 2 (11 0 I;: :e Ql (.) / ENDORSEMENT # This endorsement, effective 12:01 a.m., 01-01-2017, forms a part of /2olicy No. GEC0010761-15 issued to Arcadis U.S., Inc. and CallisonRTKL Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person or organization that you are required in a Various written contract or written agreement to include as an additional insured provided the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract or written aqreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. Page 1 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission ENDORSEMENT# This endorsement, effective 12:01 a.m., 01-01-2017, forms a part of Policy No. GEC0010761-15 issued to Arcadis U.S., Inc. and CallisonRTKL Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location And Description Of Completed Operations Person(s) Or Organization(s): Any person or organization that you are required in a Various written contract or written agreement to include as an additional insured provided the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract or written aqreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this policy remain unchanged. XIL 2037-0704 (Ed. 0413) © 2013, XL America, Inc. Page 1 of 1 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission ENDORSEMENT# This endorsement, effective 12:01 a.m ., January 1, 2017 forms a part of Policy No. AEC001075815 issued to ARCADIS U.S., INC. AND CALLISONRTKL INC. by XL Specialty Insurance Company -US. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: AS PER SCHEDULE ON FILE WITH COMPANY AS PER SCHEDULE ON FILE WITH COMPANY All other terms and conditions of the Policy remain unchanged. IXI 405 0910 BUNT 02/11/2016 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Number of Days Advanced Notice of Cancellation: 30 _____, I DATE(MM/DD/YYYY) ACc:>Rc:,® CERTIFICATE OF LIABILITY INSURANCE ~ 05/30/2017 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). PRODUCER CONTACT Aon Risk services south, Inc. NAME: PHONE (866) 283-7122 I rffc. No.): (800) 363-0105 Franklin TN office (A/C. No. Ext): 501 corporate centre Drive E-MAIL suite 300 ADDRESS: Franklin TN 37067 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Steadfast Insurance company 26387 Arcadis u.s .• me. INSURER B: Lexington Insurance company 19437 630 Plaza Drive suite 200 INSURER C: Highlands Ranch co 80129 USA INSURER D: INSURER E: INSURER F: -----~~~~~~-~--"-·-~-------=------COVERAGES CERTIFICATE NUMBER: 570066577831 REVISION NUMBER: 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. Limits shown are as requested '""" TYPE OF INSURANCE Auu, <>UDn POLICY NUMBER c~~M'f>Ymvi (~~}-c\'f>Ymv1 LIMITS LTR INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE -:J CLAIMS-MADE OoccuR DAMAGE TO RENTED PREMISES /Ea occurrence) MED EXP (Any one person) -PERSONAL & ADV INJURY -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE H DPRO-DLOC POLICY• JECT PRODUCTS -COMP/OP AGG OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /Ea accident\ -ANY AUTO BODIL y INJURY ( Per person) f---OWNED -SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY AUTOS --NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) -ONLY -AUTOS ONLY UMBRELLA LIAB H OCCUR EACH OCCURRENCE -AGGREGATE EXCESS LIAB CLAIMS-MADE DED/ /RETENTION WORKERS COMPENSATION AND I PER I IOTH-EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR/ PARTNER/ EXECUTIVE D E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE If ves describe under DESCRIPTION OF OPERATIONS below E.L. DiSC:ASt:>POUCY ;,_nv:/T A Env Contr Poll EOC929693803 06/01/2017 06/01/2018 Each Claim $1,000,000 Professional & Pollution Annual Aggregate $1,000,000 SIR applies per policy ter ns & condi ions DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Effective Date: August 28, 2013, Project No. 3949, City Agreement No. 3472-001. Design review services for the vista/Carlsbad Interceptor Sewer, Reaches 11B-15 & the Agua Hedionda sewer Lift station. For Professional Liability coverage, the Aggregate Limit is the total insurance available for claims presented within the policy period for all operations of the insured. The Limit will be reduced by payments of indemnity and expense. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad Attn: utilities Department AUTHORIZED REPRESENTATIVE Engineering Division ~~!?~!?~f-1635 Faraday Avenue Carlsbad CA 92008 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD (") co r--r--"' CD CD 0 0 r--"' 0 z Q) ni (.) t;::: t: Q) (.) AGENCY Aon Risk services south, POLICY NUMBER see Certificate Number: CARRIER see certificate Number: ADDITIONAL REMARKS AGENCY CUSTOMER ID: 570000005571 LOC#: ADDITIONAL REMARKS SCHEDULE NAMED INSURED Inc. Arcadi s u. s. , Inc. 570066577831 570066577831 I NAICCODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER Page_ of IADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR EFFECTIVE EXPIRATION TYPE OF INSVRANCE POLICY NUMBER LIMITS LTR INSD WVD DATE DATE (MM/DDNYYY) (MM/DDIYYYY) OTHER ~ claims-Made ~ Professional Liabil ~ and Contractors ~ Pollution Liability ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I UTIL 1139 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES 11 B-15, AND THE AGUA HEDIONDA SEWER LIFT STATION, PROJECT NO. 3949, 3492, 3886 ARCADIS U.S., INC. This Amendment No. 2 is entered into and effective as of the 121:0 day of ~\)..'dt~ , 20!'1., extending and amending the agreement dated November 4, 2014 (the "Agreement") by and between the C1ty of Carlsbad, a mumc1pal corporation, ("City"), and Arcadis U.S., Inc., a Delaware corporation ("Contractor") (collectively, the "Parties") for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches 118-15 and the Agua Hedionda Sewer Lift Station. RECITALS A. On May 19, 2015, the Parties executed Amendment No.1 to the Agreement to add Environmental Mitigation Monitoring Support during construction of the Project; and B. The Parties desire to alter the Agreement's scope of work to include additional Environmental Mitigation Monitoring Support; and C. The Parties desire to extend the Agreement for a period of one year; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed two hundred thousand eight hundred eighty dollars ($280,000) dollars. 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 November 3, 2018. 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 the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 UTIL 1139 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR, • NotaryOIMfK~ Mlrlcopa County My comm. ~ Jun 4, 2011 4;n .. .;_;_CJ;.~~ .. <::J-"? t-,;2 --r ..-..:;;?<.:J( f.o (sign here By: Jon Westervelt, Vice President Group A Chairman, President, or Vice-President CITY OF CARLSBAD, a municipal corporation of the State of California Mayor ATTEST: BARBA ENGLESON "' City Clerk Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ --~Dce~pu~zy~C-it_y_A~tt-o-rn_e_y ______ __ City Attorney Approved Version 1/30/13 2 EXHIBIT "A" -~ ARCADIS I ~~::~~tarcy City of Carlsbad AGUA HEDIONDA SEWER FORCE MAIN AND LIFT STATION Additional Environmental Mitigation Monitoring Support November 2016 CONTENTS Introduction ................................................................................................................................................... 3 Scope of Work ........................................................................................................................................ 3 Task 1.0: MMRP Management ............................................................................................................... 4 Task 1.1 : Meetings ........................................................................................................................... 4 Task 1.2: Reporting .......................................................................................................................... 4 Task 2.0: Environmental Compliance Monitoring ................................................................................... 5 Task 2.1: Compliance Monitoring .................................................................................................... 5 Cost estimate ................................................................................................................................................ 7 TABLES Table 1. Cost Estimate .................................................................................................................................. 8 APPENDIX Appendix A. MMRP ....................................................................................................................................... 9 This proposal and its contents shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate the proposal. This proposal is not intended to be binding or form the terms of a contract. The scope and price of this proposal will be superseded by the contract. If this proposal is. accepted and a contract is awarded to Arcadis as a result of-or in connection with -the submission of this proposal, Arcadis and/or the client shall have the right to make appropriate revisions of its terms, including scope and price, for purposes of the contract. Further, client shall have the right to duplicate, use or disclose the data contained in this proposal only to the extent provided in the resulting contract. arcadis.com Use or disclosure of this information is subject to the disclaimer located on the table of contents of this document. c:\users~bhawort\documents\sites\ahls\env monitoring\contractlamendmentlahls amendment proposal 11.{)1-2016.docx 2 INTRODUCTION Arcadis is pleased to present the City of Carlsbad (City) this proposal to provide ongoing mitigation monitoring and compliance services in support of the Agua Hedionda Sewer Lift Station and Force Main Project (Project). Arcadis has prepared this proposal to supplement Amendment No. 1 to Agreement for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer Reaches 11 B-15, and the Agua Hedionda Sewer Lift Station Project No. 3949, 3492, 3886 executed May 19, 2015. This proposal covers additional costs required for ongoing environmental compliance monitoring. Primary goals of the monitoring program are to: • Conduct monitoring of Project construction activities. • Evaluate compliance or non-compliance with Project mitigation measures, permits, stipulations, conditions, or other regulatory requirements. • Document compliance or non-compliance with the project specific requirements. Additional goals include: • Act as an extension of City staff by serving as the City's "eyes and ears" at the Project site during construction. • Perform compliance monitoring activities as part of the Contractor and City team in a proactive, constructive, and cost effective manner. • Provide expert compliance monitoring consulting services to develop creative and innovative solutions to unanticipated challenges that occur during construction of the Project. • Treat all project personnel and stakeholders in a professional manner with respect at all times. The Arcadis team offers the City the compliance monitoring experience, subject matter expertise, and project management expertise to deliver cost effective comprehensive compliance monitoring services. Our approach has been developed based on our experience providing similar compliance monitoring services for our clients in Southern California. Scope of Work The Arcadis team has developed a scope of work and level of effort for additional environmental compliance monitoring in careful consideration of the mitigation monitoring requirements as outlined in the MMRP as well as our experience providing these services on multiple similar projects in Southern California. Core project objectives include construction of the Project in compliance with all applicable environmental permit conditions and approved mitigation measures, meeting regulatory expectations, and creating a positive impression on stakeholders and regulatory agencies. The following sections describe how Arcadis will accomplish the primary tasks associated with implementation of the MMRP. Assumptions utilized in developing the scope of work that in turn drive the cost estimate are provided where appropriate per task and subtask. arcadis.com Use or disclosure of this information is subject to the disclaimer located on the table of contents of this document. c:\usen;~bhawort\documents\sites\ahls\env monitoring\contract\amendmentlahls amendment proposal 11.{}1-2016.docx 3 Task 1.0: MMRP Management Arcadis will manage the overall implementation of the MMRP and associated permit conditions such as those contained in the USACE of Engineers 404 Permit and California Coastal Commission Coastal Development Permit (COP). Attached in Appendix A is an annotated copy of the MMRP indicating the specific mitigation measures Arcadis will lead and those assumed to be managed by others such as the City of Carlsbad and the construction Contractor. Arcadis will provide a Compliance Manager to oversee implementation of MMRP tasks our team is responsible for implementing. The Compliance Manager will serve as the liaison between the monitoring team and the City and direct the monitoring activities as well as providing progress reports, budget status reports, compliance reports and other communications with the City as necessary. Task 1.1: Meetings The Compliance Manager will attend and participate in project meetings including: • • Construction progress meetings held at City offices (assumed to occur once per month) Weekly project conference calls (meetings assumed to last up to one hour) Task 1.2: Reporting Routine Reporting To keep the City apprised of the status of the construction compliance program as well as provide environmental documentation as required by the State Revolving Funding agreement, Arcadis will assist in the preparation of quarterly compliance status reports using standard compliance report formats. Notice of Violation or Emergency Reporting In the event of a serious non-compliance event (after responding to the serious non-compliance via stop work), the City will be notified immediately via phone, email, or other means. The purpose of the notification will be to provide the City with real-time information about the incident, the plan for mitigation, corrective action, and respond to media, public, or other stakeholder inquiries as needed. Additionally, the notification will allow the Compliance Manager to confer with the City regarding appropriate steps to address the incident. A summary report of the incident will be provided to the City within 24 hours of the incident, followed by a non-compliance report within 48 hours in the event of any non-compliance event. Assumptions: 1. City to provide list of Notice of Violation and emergency contacts. 2. Written notifications to be provided to City in digital format. Project Completion Environmental Compliance Report Arcadis will prepare a Project Completion Environmental Compliance Report within 30 days of Project completion that summarizes the environmental monitoring activities conducted throughout the construction process. The report will draw from the weekly and monthly compliance reports submitted to the City during the construction phase and provide information on environmental compliance in a arcadis.com Use or disclosure of this information is subject to the disclaimer located on the table of contents of this document. c:\users~bhawortldocuments\srtes\ahls\env monitoring\contract\amendmentlahls amendment proposal 11-01-2016.docx 4 summary tabular format. Any reports generated during the course of environmental compliance monitoring or summary reports for biological or cultural resources monitoring will be appended to the Project Completion Environmental Compliance Report. Assumptions: 1. Draft Project Completion Environmental Compliance Report to be provided to City within 30 days of Project completion. 2. Project Completion Environmental Compliance Report to be revised and finalized within two weeks of receipt of consolidated comments from City. Project Completion Environmental Compliance Report to be provided to City in hard copy and digital formats. Assume three hard copy reports to be produced Task 2.0: Environmental Compliance Monitoring Construction projects are subject to changing conditions associated with weather, construction sequencing, means and methods, biological and cultural resources, agency inspection/permit requirements, availability of construction crews, traffic conditions, and a wide array of other challenges. The Arcadis team has the experience and expertise to appropriately and efficiently recognize and rapidly communicate changing conditions to our compliance monitoring team and the City, work collaboratively to develop corrective actions or implement contingency measures, and prepare the necessary compliance and inspection documentation. Accordingly, Arcadis will work closely with the City and the construction Contractor to: • Anticipate, define, manage, and document field activity, schedule, and staffing changes • Identify, assess, communicate, document, and obtain necessary authorizations for deviations from required mitigation measures • Identify, document, evaluate, and correct near-miss environmental compliance issues • Identify, document, evaluate, communicate, and resolve environmental compliance incidents Non-compliance issues commonly occur when there has been a change in conditions or when the project construction approach has been modified. As such, Arcadis closely monitors and addresses changes in construction to achieve project compliance. Arcadis believes that it is crucial to identify and document construction changes in advance of deployment through weekly and monthly schedule review and evaluation of near-miss conditions for environmental compliance and monitoring. Through this process of evaluating proposed construction changes and near-miss conditions we are able to recognize potential risk factors, develop corrective actions to reduce the potential for an environmental compliance violation or other significant incident, and communicate recommended corrective actions to the construction team. Task 2.1 : Compliance Monitoring Arcadis will provide compliance monitors in the following subject matter areas: • Cultural Resources • Paleontological Resources arcadis.com Use or disclosure of this information is subject to the disclaimer located on the table of contents of this document. c:\users~bhawort\documents\s~es\ahls\env monitoring\contract\amendmentlahls amendment proposal11.{)1-2016.docx 5 Archaeological and Paleontological Monitoring: As required by mitigation measure CUL-1 and CUL-3, Arcadis will subcontract with Brian F. Smith & Associates, Inc. (BFSA) to monitor ground-disturbing activities and will be on-site during all grading, trenching, and other ground disturbing activities. Arcadis proposes to utilize the services of BFSA to provide cross-trained archaeological and paleontological monitors resulting in significant cost savings rather than staffing this monitoring effort with separate archaeological and paleontological monitors. Following completion of the project, BFSA will prepare a summary report of the archaeological and paleontological resources monitoring task. Please note that this scope of work does not include costs associated with artifact evaluation, data recovery, artifact processing, reporting, or curation of significant finds. Should field data analysis and recovery be required, Arcadis will provide the City with an estimated cost to complete the work for review and approval prior to conducting the work. Assumptions: 1. One cross-trained archaeological-paleontological monitor will be sufficient to monitor trenching and other ground disturbing activities. 2. Trenching and other ground disturbing activities will occur over an additional 50 weeks. 3. Construction trenching will occur 5 days per week, 6 hours per day. 4. This scope of work does not include costs associated with artifact evaluation, data recovery, artifact processing, reporting, or curation of significant finds. Native American Monitoring: As required by mitigation measure CUL-2, Arcadis will subcontract with Saving Sacred Sites, a qualified Native American monitor, to monitor ground-disturbing activities and will be on-site during all grading, trenching, and other ground disturbing activities. Assumptions: 1. Native American monitoring will occur during trenching and other ground disturbing activities over an additional 60 weeks, 5 days per week, 6 hours per day. Final Monitoring Compliance Report: A final monitoring report will be prepared for compliance documentation. The report will include the paleontological context for the general site area, site- specific geology and stratigraphy, summary of the field techniques, results of monitoring and analyses, and conclusions including future mitigation recommendations. Field forms will be attached to the report as an appendix. The report will meet or exceed all local, state, and federal standards and will be provided in electronic (PDF) format. For the purposes of the cost proposal, a negative findings report is assumed. Assumptions: 1. One cross-trained archaeological-paleontological monitor will be sufficient to monitor trenching and other ground disturbing activities. 2. Trenching and other ground disturbing activities will occur over an additional 60 weeks. 3. Construction trenching will occur 5 days per week, 6 hours per day. 4. This scope of work does not include fossil recovery, identification, or curation. arcadis.com Use or disclosure of this information is subject to the disclaimer located on the table of contents of this document. c:\users~bhawort\documents\siteslahls\env monitoringlcontractlamendmentlahls amendment proposal 1 1~1-2016.docx 6 COST ESTIMATE ARCADIS' cost estimate to provide the services described in this proposal is presented below. Work will be billed on a time and materials basis with a not to exceed limit of $260,040 that will not be exceeded without prior authorization from the City. Project pricing detail is provided on the attached table. arcadis.com Use or disclosure of this information is subject to the disclaimer located on the table of contents of this document. c:\users~bhawortldocuments\s~es\ahls\env monitoring\contract\amendment\ahls amendment proposal 11.{)1-2016.docx 7 TABLE Cost Estimate Table 1 -Cost Summary Agua Hedionda Sewer Force Main and Lift Station Additional Environmental Mitigation Monitoring Support ~~·- _;.' . Staff Category Rate Arcadis Compliance Manager $ 150 Principal Archeo/Paleo Consultant $ 150 Senior Archaeologist $ 90 Archaeo/Paleo Monitor $ 65 Native American Monitor $ 55 LABOR SUBTOTAL Other Direct Costs Unit Rates Report Materials and Mailing $ - Misc. field consumables $ - Truck $ - Milea_ge $0.540 ODC SUBTOTAL Total Cost Estimate: AHLS Amendment Cost Table 11012016 Task 1 Project Management Hours Cost 180 $ 27,000 $ - $ - $ - $ - $ 27,000 Units Cost $ - $ - $ - $ - $ - $ 27,000 ~ ARCADIS I !Sribr- Task 2 l ' Additional Compliance Total Monitoring Total Total Hours Cost Hours Cost $ -180 $ 27,000 20 $ 3,000 20 $ 3,000 60 $ 5,400 60 $ 5,400 1800 $ 117,000 1800 $ 117,000 1800 $ 99,000 1800 $ 99,000 $ 224,400 $ 251,400 Units Cost Units Cost $ - $ - $ - 16000 $ 8,640 16000 $ 8,640 $ 8,640 $ 8,640 $ 233,040 $ 260,040 1/1 APPENDIX A MMRP Page 1 of 14 Mitigation Measure Primary Responsibility Codes Mitigation Measure AIR QUALITY Monitoring Tvoe AQ-1 -All construction equipment will be maintained at I Project appropriate mechanical and electronic tuning levels per the manufacturer's specifications. Diesel equipment standing idle for more than five minutes shall be turned off. This would include dump trucks waiting to deliver or receive soil, gravel, aggregate or other bulk materials. AQ-2 -Project construction shall implement the following I Project measures in order to minimize construction-related emissions due to dust: • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard. • Pave, apply water three times daily, or apply soil stabilizers on all unpaved access roads, parking areas, and staging areas at the construction sites. • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. • Apply soil stabilizers or hydrosseed to previously- graded inactive construction areas. • Cover, enclose or apply soil binders to exposed stockpiles. Explanation of Headings: Monitoring Deoartment Engineering - Utilities Department & Construction Contractor Engineering - Utilities Department & Construction Contractor Shown on Plans Verified lmolementation Type = Project, ongoing, cumulative. Monitoring Dept. = Department. or Agency, responsible for monitoring a particular mitigation measure. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Shown on Plans = VI/hen mitigation measure is shown on plans, this column will be RD -Appendix P. initialed and dated. · Remarks Construction Contractor responsible per Construction Plans and Specifications Environmental Note #1. Construction Contractor responsible per Construction Plans and Specifications Environmental Note #2. Page 2 of 14 Mitigation Measure • Limit traffic speeds on unpaved roads to 15 mph. • Replant vegetation in disturbed areas as quickly as possible. AQ-3 -Grading, construction and pipe laying operations on the north side of the Agua Hedionda Lagoon channel, including construction of the channel bridge, shall be accomplished with the cooperation of the YMCA youth recreation facility staff to ensure no children are present durina construction of this seament. BIOLOGICAL RESOURCES Monitoring Type Project BI0-1 -Mitigation for permanent and temporary impacts to I Project upland vegetation communities (HMP Habitat Groups 0, E and F) will be mitigated by debiting the appropriate acreage (total 1.20 acres} from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 in the EIA Part II (except Diegan coastal sage scrub mitigation acreage shall include a minimum 1 : 1 creation component, as indicated in Mitigation Measure #2 below}. The Lake Calavera property was identified in the City's Habitat Management Plan as a public project mitigation parcel for municipal projects. The total acreage available for credit at its inception was 186.55 acres. That acreage is available to mitigate for habitat impacts from City projects on an acre-for-acre basis regardless of the type of habitat being impacted, except for Group A, 8 or C habitat groups, none of which are impacted by the proposed project. The mitigation provided for each City project by the Lake Calavera parcel is tracked and reported on an annual basis in the City's HMP Annual Report. As of the end of the last reporting period (October 2009}, a total of 183.8 acres of mitiaation land was still available. BI0-2 -Pursuant to Conservation Standards 7-8 and 7-9 I Project (p. D-115} of the HMP, the project applicant shall mitigate for the loss of 0.09 acre of coastal sage scrub by creation Explanation of Headings: Monitoring Department Engineering - Utilities Department & Construction Contractor Planning Division Planning Division & Engineering- Shown on Plans Verified Implementation Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure. or for other RD-Appendix P. Remarks Paae 3 of 14 Mitigation Measure of at least 0.09 acre (no net loss) of creation of coastal sage scrub in a location acceptable to the Carlsbad Planning Department and the Wildlife Agencies. Upon agreement as to the selected site, the applicant shall prepare a restoration program for review and approval by the City and Wildlife Agencies. The restoration program shall include a five-year maintenance and monitoring program, with a requirement to meet City/Wildlife Agencies-approved success criteria. This restoration program shall be approved prior to the commencement of any clearing of coastal sage scrub associated with project construction. The restoration program shall include site preparation guidelines, implementation monitoring, performance standards, long-term maintenance and monitoring methodology, and contingency measures with a commitment to fu Utilities Department Shown on Plans 810-3 -In order to avoid impacts to adjacent open space I Project ning Division & Biological Monitor habitats during construction, all impacted open space interfaces will require temporary orange construction fencing which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing shall be installed in all areas adjacent to protected open spaces, and shall be installed prior to construction, and maintained for the duration of construction activity. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the City for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied and ExPlanation of Headlnas: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = VI/hen mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated . Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Remarks Construction Contractor responsible photo documentation and for installation of temporary orange construction fencing per Construction Plans and Specifications Environmental Note #4. Biological Monitor to verify Paae 4 of 14 Mitigation Measure mitigation identified, to the satisfaction of the biological monitor. Temporary orange construction fencing shall be removed upon project completion of construction of the 810-4 -The developer shall hire a biological monitor to I Project monitor the construction operations. The biological monitor shall have the ability to halt construction work, if necessary and confer with the City and Wildlife Agencies to ensure the proper implementation of species and habitat protection measures. The biologist shall report any violation to the USFWS within 24 hours of its occurrence. The biological monitor shall be present to monitor clearing, grading, and construction activities in the vicinity of biological open space areas. The biological monitor shall have the authority to stop construction and require additional precautions or conservation measures to protect the proposed open space preserve areas, including the wildlife movement corridor, as necessary. Implementation of this measure shall be verified by the City prior to and concurrent with construction. 810-5 -Prior to the commencement of any ground-I Project disturbing activities (i.e., clearing, grubbing, trenching, grading) that occur between January 15 and September 15, a preconstruction (S 3 days), biological survey by a qualified biologist shall be conducted of the project area. If active raptor and/or migratory bird nests are observed during the construction phase, a buffer area of adequate width (typically 500 feet), as determined by the monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees shall be removed outside of the breeding season of local raptor species (trees shall be removed between September 15 and Januarv 15). Noise attenuation and buffer Exo!anatlon of Headings: Planning Division & Engineering- Utilities Department Planning Division & Biological Monitor Shown on Plans Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Verified Implementation = V'Jhen mitigation measure has been implemented, this column will be initialed and dated. information. Shown on Plans = V'Jhen mitigation measure is shown on plans, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Remarks Paae 5 of 14 Mitigation Measure shall remain in place until the construction activities are completed or the nest is no longer active. Implementation of this measure shall be verified bv the 810-6 -Construction noise created during the breeding season that could affect the breeding of the California gnatcatcher, migratory songbirds and other bird species associated with the adjacent sensitive open water, wetlands, riparian, and coastal sage scrub habitat shall be avoided. This restriction can be waived by the City, with concurrence from the Wildlife Agencies, upon completion of a breeding/nesting bird survey of the area in accordance with the Migratory Bird Treaty Act. A biological monitor of the construction operation is required. If nests are present, no loud construction (exceeding 60 dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the nesting/breeding season (January 15 through September 15). Monitoring Monitoring Planning Division & Biological Monitor Shown on Plans 810-7 -The developer shall train all contractors and I Project construction personnel on the biological resources adjacent to portions of this project and ensure that training Planning Division & Biological Monitor is implemented by construction personnel. At a minimum, training shall include: 1) the purpose for resource protection; 2) a description of the gnatcatcher and its habitat; 3) limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); 4) the protocol to resolve conflicts that may arise at any time during the construction process; and, 5) the general provisions of the Endangered Species Act, the need to adhere to the provisions of the Endangered the oenalties associated with violatina the Exolanatlon of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. Remarks Monitor to monitor noise in proximity to breeding/nesti ng birds. Contractor responsible for modifying work if required to comply with noise limitations per Construction Plans and Specifications Environmental Note #7. This training will also satisfy USACE404 Permit Pre- Construction condition #6. Page 6 of 14 Mitigation Measure Endangered Species Act. 810-8 -In order to adequately protect the adjacent open spaces, the applicant shall ensure that the following mitigation measures are implemented during project construction: • Employees shall strictly limit their activities, vehicles, equipment and construction materials to the fenced project footprint; • Pets of project personnel shall not be allowed on the project site; • Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; • All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced project impact limits and in such a manner as to prevent any runoff from entering offsite open spaces, and shall be shown on the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet from the Agua Hedionda Lagoon channel shore. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No- fueling zones" shall be designated on construction plans; and • Night lighting, if any, of construction staging areas shall be of the lowest illumination necessary for human safety, selectively placed, shielded, and Explanation of Headings: Type= Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = \.1\hlen mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type Project Monitoring Department Engineering - Utilities Department & Construction Contractor Shown on Plans Verified Implementation Verified Implementation = \.1\hlen mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. Remarks Paae 7 of 14 Mitigation Measure directed awav from adiacent natural habitats. 810-9 -The hydroseed mix or landscape mix in areas adjacent to open spaces shall not involve the use of invasive exotic seeds or plants. The list of invasives shall be those identified on List A and List B of the California Exotic Plant Council's List of Exotic Plants of Greatest Ecological Concern in California, as of October, 1999, and updated if applicable. Implementation of this measure shall be verified by the City during review of the Erosion Control Plans. Monitoring Tvoe Project 810-10 -During construction, the project applicant shall I Project install temporary silt barriers along the limits of project impacts (including construction staging areas and access routes) adjacent to open space habitats to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Silt fencing shall be installed in a manner that does not impact habitats to be avoided. All work activities occurring near the Agua Hedionda Lagoon channel in particular will utilize silt fencing to completely control any disturbed soils from entering the Agua Hedionda Lagoon channel. Runoff from project construction and landscaped areas shall not be allowed to enter the channel. All runoff will remain within landscaped areas or be filtered through aoorooriate storm drain facilities. 810-11 -Prior to beginning construction work, the project I Project contractor shall notify the City Engineer, City Planner and Coastal Commission Staff as necessary, of the completion of a final, site specific, Spill Contingency Plan that outlines actions to be taken in the event that an accidental discharge of construction fluids occurs. Such Spill Continaencv Plan shall include, at a minimum, the Explanation of Headings: Monitoring Deoartment Engineering - Utilities Department & Biological Monitor Engineering - Utilities Department & Biological Monitor Planning Division, Engineering - Utilities Department & Biological Monitor Shown on Plans Verified lmolementation Type= Project, ongoing, cumulative. Monitoring Dept. = Department. or Agency, responsible for monitoring a particular mitigation measure. Verified Implementation = \Nhen mitigation measure has been implemented, this column will be initialed and dated. information. Shown on Plans = \Nhen mitigation measure is shown on plans, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. Remarks Construction Contractor responsible for application of hydroseed. Biological Monitor will review seed mix for compliance with approved seed lists. Construction Contractor responsible for installation of temporary silt fencing per Construction Plans and Specifications Environmental Note#10. Page 8 of 14 Mitigation Measure following requirements: a. In the event that a "frac-out," (escape of bentonite slurry into the environment) or other spill or accidental discharge of drilling fluids occurs during the drilling operations, all construction shall cease and shall not recommence except as provided below: b. Following discovery of the "frac-out," spill or accidental discharge of drilling fluids, the applicant shall immediately implement the above stated Spill Contingency Plan. No work shall continue until all spilled fluids have been contained and/or removed and measures taken to prevent a recurrence consistent with the approved contingency plan . If the spill or accidental discharge results in a change to the approved project description or to the scope of the impacts to resources, the permittee shall notify the biological monitor to immediately conduct an assessment of the biological impacts, and submit to the City Planner, and Executive Director of the California Coastal Commission as necessary, a revised project and restoration plan prepared by qualified professional(s) that provides for (1) necessary revisions to the proposed project to avoid further spill or accidental discharge of fluids; and (2) restoration of the area(s) affected by the spill or accidental discharge to pre-project conditions. The revised project and restoration plan shall be consistent with any applicable requirements of the USFWS, CDFG and/or San Diego RWQCB. The revised project and restoration plan shall be processed as an amendment to the coastal development permit. The trenchless construction operations may not recommence until after an amendment to this permit is approved by the City Planner, and Executive Director of the California Coastal Explanation of Headlnas: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type Monitoring Department Shown on Plans Verified Implementation Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Remarks 9 of 14 Mitigation Measure Commission as necessary, unless the City Planner, and the Executive Director as necessary, determines that no amendment is IF!n~llv 810-12 -Prior to removal of the existing sewer and/or gas I Project trestle bridges or construction of the new bridge over the Engineering - Utilities Department Agua Hedionda Lagoon channel, the project proponent shall apply for and receive approval of a Nationwide Permit 12 (Utility Line Activities) pursuant to Section 10 of the River and Harbors Act. This bridge removal and construction activity shall also necessitate water quality certification issued by the San Diego Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Action, and issuance of a Streambed Alteration Agreement with the California Department of Fish and Game. No additional mitigation beyond removal of the ... vi .. tinn trestle bridaes is anticioated to be reauired. CUL-1 -Prior to the commencement of ground-disturbing I Project Planning Division, Engineering - Utilities Department activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and City Staff. In the event any potential cultural resource is uncovered during the course of the project construction, ground- disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeoloaical monitor shall direct the contractor to avoid Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = VVhen mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = VVhen mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure. or for other RD-Appendix P. Remarks e 10 of 14 Mitigation Measure all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifactual materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CUL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad and the Project Contractor actions for treating or disposing, with the human remains and Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Shown on Plans Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. Remarks Paae 11 of 14 Mitigation Measure associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The Project Contractor shall provide a reasonable period of time for salvage of discovered human remains before resumina construction activities. CUL-2 -Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. Prior to implementation of the monitoring, a pre-excavation agreement shall be developed between the appropriate Native American Tribe and the City of Carlsbad. The Native American representative(s) shall attend the pre- grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed uoon bv the monitor and Citv Staff. Monitoring Tvoe Project CUL-3 -Prior to any excavation or trenching into I Project undisturbed, older Pleistocene sediment, the project developer shall retain a qualified paleontologist during construction excavations within these sediment deposits, if any, to observe construction excavations. In the event that any unique paleontological resources are encountered, the resources shall be salvaged, recorded, and curated, under the direction of the monitorina oaleontoloaist. GEOLOGY AND SOILS GE0-1 -Grading and construction of the southern bridge I Project abutment shall comolv with the aeotechnical Explanation of Headlnas: Monitoring Deoartment Planning Division, Engineering- Utilities Department Planning Division, Engineering - Utilities Department Engineering - Utilities Shown on Plans Verified lmolementation Type = Project, ongoing, cumulative. Monitoring Dept.= Department. or Agency, responsible for monitoring a particular mitigation measure. Verified Implementation = Vllhen mitigation measure has been implemented, this column will be initialed and dated. information. Shown on Plans = Vllhen mitigation measure is shown on plans, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Remarks Page 12 of 14 Mitigation Measure recommendations contained in the Geotechnical Evaluation prepared by Ninyo & Moore, dated August 3, 2009, in order to reduce the potential for settlement due to seismically-induced liquefaction or lateral spread. These recommendations shall include the use of deep foundations and the removal and recompaction of surface soils prior to construction. HAZARDS AND HAZARDOUS MATERIALS HAZ-1 - A site-specific Health and Safety Plan (HASP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site and (b) Avenida Encinas just south of Palomar Airport Road. The HASP shall be prepared in accordance with the requirements of Occupational Safety and Health Administration (OSHA) standards, and with the California OSHA requirements for hazardous waste operations and emergency response regulations. The HASP shall be reviewed and signed by a Certified Industrial Hygienist and include a community health and safety component. Anyone performing subsurface work in these areas should be alerted to the potential for encountering petroleum hydrocarbons and/or pesticides in soil and petroleum hydrocarbons and/or VOCs in groundwater and have received the appropriate training in accordance with the approved site-specific Health and Safetv Plan (HASP). HAZ-2-A Soil Management Plan (SMP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site, (b) approximately 300-400 feet south of the lift station site, (c) Avenida Encinas just south of Palomar Airport Road, and in Avenida Encinas just south of Cannon Road and 400-500 feet north of Palomar Airport Road, if dewatering activities are determined to be necessary. If dewatering activities are to be performed during construction, the SMP should include a ExPlanation of Headlnas: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Tvpe Project Project Monitoring Department Department Engineering - Utilities Department Engineering - Utilities Department Shown on Plans Verified Implementation Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. Remarks Paae 13 of 14 Mitigation Measure groundwater management component for dewatering activities. If dewatering activities are proposed to be discharged to surface waters or the sewer system, the concentrations of metals in the extracted groundwater should meet the requirements provided in the permit from either the RWQCB (General Waste Discharge Requirements and NPDES permit or the City of Carlsbad. The SMP shall be prepared by a professional environmental consultant in accordance with the County of San Diego Department of Environmental Health's Site Assessment and Mitigation Manual, RWQCB guidelines, and the standard of care of the industry. HAZ-3 -Prior to any excavation or trenching, the construction contractor shall prepare a contingency plan documenting the procedures to be used should an unexpected pocket of hazardous materials be encountered during excavation and/or trenching activities. This plan shall be reviewed and approved by the City Engineer. HAZ-4 -A qualified air monitor shall be retained to monitor air quality during trenching and grading operations. Air monitoring shall be conducted in accordance with the requirements of HAZ-1 and HAZ-2 and the recommendations of the HASP and SMP. This instrument is capable of detecting both petroleum hydrocarbons and organic solvents and will provide assurance that construction workers are not inadvertently exposed to potentially harmful organic vapors. HAZ-5 . A minimum 12-foot wide, unobstructed emergency, construction and operations access shall be maintained at all times during construction trenching and installation of the recycled water line segment between the sewer lift station site and Cannon Road. TRANSPORTATION/TRAFFIC TRAF-1 -Prior to the commencement of development of ExPlanation of Headlnas: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Monitoring Shown on Verified Type Department Plans Implementation Project Engineering - Utilities Department Project Engineering- Utilities Department Project Engineering - Utilities Department & Construction Contractor Project Engineering - Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Remarks I I I . -.::::~-.. -· .. Mitigation Measure the proposed project, the developer shall coordinate with NCTD to determine an acceptable routing during the construction period of NCTD transit service for buses that are scheduled on Avenida Encinas, south of Palomar Airport Road, within the alignment of the proposed project. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = \Nhen mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Monitoring Shown on Verified Type Department Plans Implementation Utilities Department Verified Implementation = \Nhen mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Remarks Arcadis U.S., Inc. 2175 Salk Avenue Su ite 130 Carlsbad, California 92008-7346 Tel 760 602 3800 Fax 760 602 3838 www.arcadis.com ARCADIS I Oeslgn&Consultancy for natural and built assets UTIL 11.39 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES 11 B-15, AND THE AGUA HEOIONDA SEWER LIFT STATION PROJECT NO. 3949, 3492, 3886 ARCADIS U.S., INC. This Amendment No. 1 is entered into and effective as of the Jq-t!'l day of ...L...-.:......1..\~++----· 2015, amending the agreement dated November 4, 2014 (the "Agreem t") by and between the City of Carlsbad, a municipal corporation, ("City"), and ARCADIS U.S. INC., a Delaware corporation, ("Contractor") (collectively, the "Parties") for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches 118-15 and the Agua Hedionda Sewer Lift Station. RECITALS A. The Parties desire to alter the Agreement's scope of work to add Environmental Mitigation Monitoring Support during construction of tile 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". 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 three hundred twenty five thousand eight hundred eighty one dollars ($325.881). 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 November 3, 2017. 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. Ill Ill Ill City Attorney Approved Version 1/30/13 UTIL1139 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR ARCADIS U.S., INC., a Delaware corporation By: (sign here) Jon Westervelt I Vice President (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: -~~ City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ~ ) County of~ C)...~"\~ C C>..N<...\~~ ) On D~·~·ria\~beforenle:<~N"\.~~~ ~~(~~v~\\~ Oat~ ere Insert Name and Title of the Officer' personally appeared ""' ___ .JVame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/sne~l1ey executed the same in his/tlefAI:Ieir authorized capacity(~. and th<l!_ by his/~ir signatur~ on the instrument the person~ or the entity upon behalf of which the perso~acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig~~~~:.::c~~~~~~~:::,..)~---'- Place Notary Seal Above -------------------------------OPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document '\).. _ ~ v._~ .... r.-l D '\. cJ)<... Title or Type of Document: <:::.t S'S'G? ~c;o-££\\. ~ ~ Do~~~~ bate:~\..'\'\" .....J Number of Pages: Signer(s) Other Than Named Above: -------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:-----------------0 Other: -------------Signer Is Representing: ________ _ Signer Is Representing: ---------- ©2014 National Notary Association · www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Secretary Certificate I, Gerard P. Cavaluzzi, Assistant Secretary of ARCADIS U.S., Inc. (the "Corporation"), do HEREBY CERTIFY and attest that the Corporation, in accordance with the bylaws of the Corporation, Resolution of the Board of Directors, and delegation of the Chief Executive Officer, has duly authorized and directed Jon Westervelt, in his capacity as Vice President of ARCADIS U.S., Inc., to execute and sign, on behalf of ARCADIS U.S., Inc., Amendment No. 1 to the City of Carlsbad Agreement for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches llB-15, and the Agua Hedionda Sewer Lift Station, Project No. 3949, 3492, 3886 and to affix the corporate seal on such documents, and his signature shall be legal and binding upon the corporation. STATE OF New York ) April21 , 2015 ss. County of Westchester ) Personally appeared Gerard P. Cavaluzzi , Assistant Secretary of ARCADIS U.S., Inc. , signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said Corporation, before me. /.__:?n__:'Lc...=...~-=---· _;)~-~=-.::/0~Z=-· ;? ____ Notary Public My Commission expires May 23, 2017 TTEB. U l Notary Public · State of New York No. 0 1 CU6127240 Qualified in Westchester County My Comm. Expires May 23, 2017 EXHIBIT-A \ ARCADIS Imagine the result City of Carlsbad Agua Hedionda Sewer Force Main and Lift Station Environmental Mitigation Monitoring Support March 2015 ~ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 Table of Contents Table of Contents Introduction 1 Scope of Work 2 Task 1.0: MMRP Management 2 Task 1.1. Meetings 2 Task 1.2 Pre-construction Mobilization 3 Task 1.3: Reporting 3 Task 2.0: Environmental Compliance Monitonng 4 Task 2.1: Worker Enwonmental Awareness Program (WEAP) Training 5 Task 2.2: Compliance Monitoring 6 Biological Resources 6 Cultural Resources 7 Paleontological Resources 8 Marine Biology 9 ARCADIS Team 10 Cost Estimate 13 Appendices A MMRP Responsibilities B Cost Detail Spreadsheet This proposal and its contents shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate the proposal. This proposal is not intended to be binding or form the terms of a contract. The scope and price of this proposal win be superseded by the contract. If this proposal is accepted and a contract is awarded to A RCADIS as a resuH of-or In connection with -the submission of this proposal, ARCADIS and/or the client shall have the right to make appropriate revisions of its terms. including scope and price, for purposes of the contract. Further. client shall have the right to duplicate, use or disclose the data contained in this proposal only to the extent provided in the resulting contract. ~ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services !Introduction Introduction ARCADIS is pleased to present the City of Carlsbad (City) this proposal to provide mitigation monitoring and compliance services in support of the Agua Hedionda Sewer Lift Station and Force Main Project (Project). ARCADIS understands that the City is seeking a consultant to implement the approved Mitigation Monitoring and Reporting Program (MMRP) and monitor Project compliance with Mitigation Measures, and other conditions and stipulations that apply to the Project as a result of issuance of approvals or permits to build and operate the Project. Primary goals of the monitoring program are to: • • • Conduct monitoring of Project construction activities . Evaluate compliance or non-compliance with Project mitigation measures, permits, stipulations, conditions, or other regulatory requirements. Document compliance or non-compliance with the project specific requirements . Additional goals include: • • • • Act as an extension of City staff by serving as the City's "eyes and ears" at the Project site during construction. Performing compliance monitoring activities as part of the Contractor and City team in a proactive, constructive, and cost effective manner. Providing expert compliance monitoring consulting services to develop creative and innovative solutions to unanticipated challenges that occur during construction of the Project. Treating all project personnel and stakeholders in a professional manner with respect at all times. The ARCADIS team offers the City the compliance monitoring experience, subject matter expertise, and project management expertise to deliver cost effective comprehensive compliance monitoring services. Our approach has been developed based on our experience providing similar compliance monitoring services for our clients in Southern California. The ARCADIS approach to compliance monitoring is predicated on our team of experienced subject matter experts and seasoned compliance monitoring personnel who bring a detailed understanding of the construction methods and mitigation requirements necessary to complete the Project. Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ~ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team Scope of Work The ARCADIS team has developed a scope of work and level of effort for the Project in careful consideration of the mitigation monitoring requirements as outlined in the MMRP as well as our experience providing these services on multiple similar projects in Southern California. Core project objectives include construction of the Project in compliance with all applicable environmental permit conditions and approved mitigation measures, meeting regulatory expectations, and creating a positive impression on stakeholders and regulatory agencies. The following sections describe how ARCADIS will accomplish the primary tasks associated with implementation of the MMRP. Assumptions utilized in developing the scope of work that in turn drive the cost estimate are provided where appropriate per task and subtask. 2 The following scope of work has been developed prior to the selection of a construction contractor that will develop their own construction plan, schedule, and means and methods of constructing the project. Once the construction contractor has developed their detailed approach to constructing the project the scope of work described herein will be reviewed and refined to reflect the actual plan to construct the Project. This may result in greater or lesser level of effort that in tum would affect the cost estimate. However, we have developed the following scope of work based on experience on similar projects and professional judgment of the level of compliance monitoring required as described in the MMRP and related environmental permits. Task 1.0: MMRP Management ARCADIS will manage the overall implementation of the MMRP and associated permit conditions such as those contained in the USACE of Engineers 404 Permit and California Coastal Commission Coastal Development Permit (COP). Attached in Appendix A is an annotated copy of the MMRP indicating the specific mitigation measures ARCADIS will lead and those assumed to be managed by others such as the City of Carlsbad and the construction Contractor. ARCADIS will provide a Compliance Manager to oversee implementation of MMRP tasks our team is responsible for implementing. The Compliance Manager will serve as the liaison between the monitoring team and the City and direct the monitoring activities as well as providing progress reports, budget status reports, compliance reports and other communications with the City as necessary. Task 1.1: Meetings The Compliance Manager will attend and participate in project meetings including: Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ~ARCADIS • • Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team Pre-construction kickoff meeting (assumed to last up to four hours) Construction progress meetings held at City offices (assumed to occur once per week) Task 1.2: Pre-Construction Mobilization 3 The ARCADIS compliance monitoring team will review all available project materials to become familiar with the construction plan, sequencing, schedule, and any mitigation planning and associated activities that the City has initiated (e.g., habitat acquisition or pre-construction surveys). The ARCADIS compliance team will assist the City in determining the status of pre- construction measures that are required to be completed prior to the initiation of construction activities. The annotated MMRP provided in Appendix A will serve as a tracking tool for status of mitigation measure implementation and will be updated and provided to the City as needed during project construction. Assumptions: 1. City will provide all relevant Project documentation via hard copy or digital format. 2. Annotated MMRP to be provided to City 30 days prior to project construction, 30 days following initiation of construction, and 30 days post construction. Task 1.3: Reporting Routine Reporting To keep the City apprised of the status of the construction compliance program as well as provide environmental documentation as required by the State Revolving Funding agreement, ARCADIS will prepare weekly, montlhly, and quarterly compliance status reports using standard compliance report formats and supplemented with representative photographs of construction activities and mitigation implementation. Prior to distribution to the construction contractor or other agencies, the reports will be reviewed and approved by the Compliance Manager for quality and consistency. Weekly monitoring reports will be submitted to the distribution list approved by the City by noon Monday for the preceding week's activities. Monthly compliance reports will be distributed by the Slh day of the month for the preceding month's activities. Assumptions: 1. Weekly, monthly, and quarterly compliance status reports to be provided to City in digital format. 2. Distribution list for status reports to be provided by the City. Notice of Violation or Emergency !Reporting Use or disclosure of information containe-d on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ~ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team 4 In the event of a serious non-compliance event (after responding to the serious non-compliance via stop work), the City will be notified immediately via phone, email, or other means. The purpose of the notification will be to provide the City with real-time information about the incident, the plan for mitigation, corrective action, and respond to media, public, or other stakeholder inquiries as needed. Additionally, the notification will allow the Compliance Manager to confer with the City regarding appropriate steps to address the incident. A summary report of the incident will be provided to the City within 24 hours of the incident, followed by a non-compliance report within 48 hours in the event of any non-compliance event. Assumptions: 1. City to provide list of Notice of Violation and emergency contacts. 2. Written notifications to be provided to City in digital format. Project Completion Environmental Compliance Report ARCADIS will prepare a Project Completion Environmental Compliance Report within 30 days of Project completion that summarizes the environmental monitoring activities conducted throughout the construction process. The report will draw from the weekly and monthly compliance reports submitted to the City during the construction phase and provide information on environmental compliance in a summary tabular format. Any reports generated during the course of environmental compliance monitoring or summary reports for biological or cultural resources monitoring will be appended to the Project Completion Environmental Compliance Report. Assumptions: 1. Draft Project Completion Environmental Compliance Report to be provided to City within 30 days of Project completion. 2. Project Completion Environmental Compliance Report to be revised and finalized within two weeks of receipt of consolidated comments from City. 3. Project Completion Environmental Compliance Report to be provided to City in hard copy and digital formats. Assume three hard copy reports to be produced. Task 2.0: Environmental Compliance Monitoring Construction projects are subject to changing conditions associated with weather, construction sequencing, means and methods, biological and cultural resources. agency inspection/permit requirements, availability of construction crews, traffic conditions. and a wide array of other challenges. The ARCADIS team has the experience and expertise to appropriately and efficiently recognize and rapidly communicate changing conditions to our compliance monitoring team and the City, work collaboratively to develop corrective actions or implement contingency Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ~ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team measures, and prepare the necessary compliance and inspection documentation. Accordingly, ARCADIS will work closely with the City and the construction Contractor to: • • • • Anticipate, define, manage, and document field activity, schedule, and staffing changes Identify, assess, communicate, document, and obtain necessary authorizations for deviations from required mitigation measures Identify, document, evaluate, an:d correct near-miss environmental compliance issues Identify, document, evaluate, communicate, and resolve environmental compliance incidents 5 Non-compliance issues commonly occur when there has been a change in conditions or when the project construction approach has been modified. As such, ARCADIS closely monitors and addresses changes in construction to achieve project compliance. ARCADIS believes that it is crucial to identify and document construction changes in advance of deployment through weekly and monthly schedule review, evaluation of near-miss conditions for environmental compliance and monitoring. Through this process of evaluating proposed construction changes and near- miss conditions we are able to recognize potential risk factors, develop corrective actions to reduce the potential for an environmental compliance violation or other significant incident, and communicate recommended corrective actions to the construction team. Task 2.1: Worker Environmental Awareness Program (WEAP) Training As required by mitigation measure BI0-7 and USACE 404 Permit Pre-Construction Condition 6, ARCAOIS will provide WEAP training to construction Contractor personnel. The training will cover sensitive environmental resources that may be present within the project area and steps to be taken if these resources are observed or encountered. The training will be held as a part of the tailboard safety by the biological or archaeological monitor. The training will be provided at the beginning of project construction and be documented with sign in sheets. Up to three additional WEAP trainings may be provided in the event subcontractors are brought on to the project following the initial WEAP training. Alternatively, new workers can be WEAP trained as part of daily tailboard meetings. Assumptions: 1. WEAP training materials to be produced limited to black and white handouts and training sign in sheets. 2. WEAP training to be held on-site as part of routine safety tailboard meetings. Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team Task 2.2: Compliance Monitoring ARCADIS will provide compliance monitors in the following subject matter areas: • Biological Resources • Cultural Resources • Native American Monitors • Paleontological Resources • Marine Biological Resources Biological Resources 6 Nesting Bird Surveys: ARCADIS has retained Balk Biological, a woman-owned small business, to provide biological resources support. As required by mitigation measure BI0-5, if project activities are scheduled to occur during the nesting bird season {January 15th to September 15th), a survey to identify nesting birds in the vicinity of the impact areas will be carried out no earlier than three days prior to ground-disturbing activity in the area. The disturbance area plus an approximately 100-foot buffer will be surveyed for passerine species, and the disturbance area plus an approximately 500-foot buffer will be surveyed for raptors. If active nests are identified, an appropriate buffer of avoidance will be placed around the location until the young have fledged, in order to avoid impacts to nesting birds per the federal Migratory Bird Treaty Act. A brief memcr style report will be prepared summarizing the results of each survey. This task assumes an approximately once-weekly survey for approximately 39 weeks over the course of the project. Assumptions: 1. Nesting bird surveys to occur between January 15 to September 15 in areas where nesting birds may occur. 2. Monitoring will occur approximately once-weekly in areas of active construction for approximately 39 weeks. 3. Each survey including survey memo assumed to require 7 hours of effort. Biological Monitoring: As required by mitigation measure BI0-4, biological monitoring of clearing, grading, and other construction activities in the vicinity of biological open space areas will be performed in order to ensure minimization of impacts to biological resources. The biological monitor will have the authority to temporarily halt construction work if needed to coordinate with the City and Wildlife agencies to determine adequate implementation of biological resource protection measures, and the biological monitor will report violations of these measures to the ARCADIS Compliance Manager who will inform the City and as required by mitigation measure 810-4 inform USFWS within 24 hours. This task assumes a maximum of 14 days of biological monitoring will be needed over the course of the Project. Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418S08 ~ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team Assumptions: 7 1. Biological open space areas requiring monitoring limited to area south of Palomar Airport Road adjacent to Avenida Encinas. 2. Biological monitoring limited to 14 days total over course of Project. 3. Previously cleared areas such as the Lift Station site do not require biological monitoring. Cultural Resources ARCADIS has successfully utilized cross-trained archaeological and paleontological monitors to monitor for both resources. This can be accomplished when a monitor with experience wor1<ing with both resources is available and supported by senior archaeologists and paleontologists in the event of the discovery of archaeological or paleontological resources that require further evaluation as to their significance. ARCADIS proposes to utilize the services of Paleo Solutions to provide cross-trained archaeological and paleontological monitors resulting in significant cost savings rather than staffing this monitoring effort with separate archaeological and paleontological monitors. Archaeological Monitoring: As required by mitigation measure CUL-1, ARCADIS will provide a qualified archaeologist to monitor ground-disturbing activities and will be on-site during all grading, trenching, and other ground disturbing activities. As described above, the archaeological monitor will be cross-trained to monitor for paleontological resources in addition to archaeological resources. Our Senior Archaeologist will lead this task and oversee the archaeological monitor and coordinate with the Native American monitor, Compliance Manager, and Construction Foreman. Cultural resources training will be delivered to construction crews as part of the WEAP training during tailboard safety meetings at the beginning of the wor1< day to educate personnel on the importance of complying with federal and state regulations, to avoid project delays and additional mitigation. Archaeological monitoring will be coordinated with other project environmental monitoring using common methods such as demarcation of Environmentally Sensitive Areas. For purposes of cost estimating we have assumed a full-time cross-trained archaeologist on-site throughout the construction trenching phase of approximately 48 weeks. After the construction Contractor is chosen and a detailed construction schedule is available, this level of effort will be reevaluated and where construction does not result in ground disturbing activities archaeological monitoring will not be necessary and cost would be reduced accordingly. Following completion of the project, we will prepare a summary report of the cultural resources monitoring task. Please note that this scope of wor1< does not include costs associated with artifact evaluation, data recovery, artifact processing, reporting, or curation of significant finds. Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ~ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team Should field data analysis and recovery be required, ARCADIS will provide the City with an estimated cost to complete the work for review and approval prior to conducting the work. Assumptions: 1. One cross-trained archaeological-paleontological monitor will be sufficient to monitor trenching and other ground disturbing activities. 2. Trenching and other ground disturbing activities will occur over 48 weeks. 3. Construction trenching will occur 5 days per week, 8 hours per day. 4. This scope of work does not include costs associated with artifact evaluation, data recovery, artifact processing, reporting, or curation of significant finds. 8 Native American Monitoring: As required by mitigation measure CUL-2, ARCADIS will subcontract with a qualified Native American monitor to monitor ground-disturbing activities and will be on-site during all grading, trenching, and other ground disturbing activities. The ARCADIS cultural resources team understands the City's commitment to working with Native American groups and other descendant communities that have an interest in the treatment of cultural resources that might be affected by the project. Similarly as with the archaeological monitoring task, after the construction Contractor is chosen and a detailed construction schedule is available, this level of effort will be reevaluated and where construction does not result in ground disturbing activities Native American monitoring will not be necessary and cost would be reduced accordingly. Assumptions: 1. Native American monitoring will occur during trenching and other ground disturbing activities over and estimated 48 weeks, 5 days per week, 8 hours per day. Paleontological Resources Paleontological Monitoring: As required by mitigation measure CUL-3, our subcontractor, Paleo Solutions, a woman-owned small business. will provide a cross-trained archaeologist/paleontologist during grading/excavation activities that impact paleontologically sensitive deposits. Based on the project excavation information provided in the MND/MMRP and the proposed project schedule (dated June 11, 2012), the cost proposal assumes approximately 48 weeks of paleontological monitoring will be required. This number may increase or decrease as the project schedule is updated. Monitors will only be on-site when warranted by excavation activities and site conditions. Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091416808 ~ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team Monitoring will be conducted on a full-time basis during excavation into undisturbed, older Pleistocene sediments. An initial geologic map review indicates that older Pleistocene sediments underlie the majority of the Project alignment. However, the MND/MMRP states that the Pleistocene sediments mapped within the alignment are covered by a thin layer of fill material that was placed in conjunction with grading for the railway, buildings, commercial structures, and roads. Any excavations determined to be entirely located in fill material will not be monitored. Young alluvial deposits surrounding the Agua Hedionda Lagoon channel, which will be impacted during bridge construction, will not require monitoring due to the low paleontological sensitivity of the deposits. The MND/MMRP calls out two locations where Project conditions necessitate horizontal drilling and micro-tunneling in lieu of open cut trenches. Paleontological monitoring will not be conducted during those activities since any recovered fossils would lack critical locational and contextual information and are therefore considered non-significant. Monitoring will be increased or decreased based on the actual deposits being impacted during construction activities and the nature of excavation (eg., trenching vs. drilling). Final Monitoring Compliance Report: A final monitoring report will be prepared for compliance documentation. The report will include the paleontological context for the general site area, site-specific geology and stratigraphy, summary of the field techniques, results of monitoring and analyses, and conclusions including future mitigation recommendations. Field forms will be attached to the report as an appendix. The report will meet or exceed all local, state, and federal standards and will be provided in electronic (PDF) format. For the purposes of the cost proposal, a negative findings report is assumed. Assumptions: 1. One cross-trained archaeological-paleontological monitor will be sufficient to monitor trenching and other ground disturbing activities. 2. Trenching and other ground disturbing activities will occur over 48 weeks. 3. Construction trenching will occur 5 days per week, 8 hours per day. 4. This scope of work does not include fossil recovery, identification, or curation. Marine Biology Per the requirements of the USACE 404 Permit and the California Coastal Commission COP, ARCADIS has retained Tierra Data, a woman-owned small business, to conduct pre- construction eelgrass and Caulerpa surveys to document baseline conditions in Agua Hedionda Lagoon. Pre-construction surveys will be conducted using experienced divers that will cover 100 percent of the area of potential effect. Surveys will focus on accurately identifying the presence/absence of eelgrass, including density and area coverage consistent with the newly adopted California Eelgrass Mitigation Policy (CEMP) 9 Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team 10 promulgated by the California Department of Fish and Wildlife (CDFW) and the National Marine Fisheries Service (NMFS). Survey methodologies will be appropriate for a pre- construction survey in an area known to have eelgrass. In addition to eelgrass, field surveys will concurrently identify the presence/absence of Caulerpa. Deliverables will include detailed maps of the survey area, a description of activities, CDFW Caulerpa survey logs, and a report on eelgrass presence/absence within the identified project area. Included in this scope of work is a follow-up post-construction eelgrass and Caulpera survey per the requirements of the 404 Permit and CDP. The results of the surveys will be documented in a report suitable for submittal to the USAGE, CCC, and California Department of Fish and Wildlife. The draft reports will be submitted to City for review prior to being made final. Assumptions: 1. Eelgrass and Caulerpa dive survey will be conducted concurrently. 2. One round of response to comments on draft report is included. ARCADIS Team ARCADIS proposes a project team with significant experience in the project area including the planning, permitting, and construction of utility projects. Our team is seasoned and experienced in the performance of mitigation monitoring and will work as an integrated team with the City and construction Contractor to achieve compliance with project mitigation measures and conditions of approval. ARCADIS team members have been selected specifically to deliver the required technical expertise, and practical construction and field compliance expertise required to develop real-time solutions, and keep the project progressing in an often changing and dynamic environment. Resumes for our key team members are provided in Appendix B. Below are biographical summaries of staff serving in key positions on the project team. Compliance Manager-Robert Prohaska, PMP, has 30 years of experience leading and managing environmental projects and programs encompassing the full range of environmental permitting, planning, and construction compliance, including special expertise on California utility projects. Mr. Prohaska will be the primary project contact for the ARCADIS compliance monitoring team. In this role he will be responsible for the ARCADIS team's technical performance, schedule and budget, quality of services delivered, health and safety, invoicing, and adherence to contract terms and conditions. He is certified by the Project Management Institute as a Project Management Professional and utilizes universally-recognized project management best practices to guide the execution of the projects he manages. He is adept at managing change and working with diverse stakeholders to innovatively develop solutions and build consensus, and maintain focus on the goals of the project. He has previous experience Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ~ARCADIS Agua Hedionda Sewer lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team working for San Diego North County coastal Cities including the City of Carlsbad, City of Encinitas, and Solana Beach. 11 Biological Resources Monitoring -Michelle Balk has over thirteen years of experience as a biological consultant in southern California. Project experience includes general and sensitive floral and wildlife surveys, vegetation mapping, wetlands delineation and permitting, mitigation monitoring, construction compliance monitoring, and environmental document preparation. Ms. Balk's firm, Balk Biological, Inc .• headquartered in Encinitas, California, has been providing its expertise to a variety of public-and private-sector clients since 2006. The company is experienced in and regularly performs a full complement of biological consulting services, including: vegetation community mapping, general and special-status floral and wildlife surveys, wetlands delineation and permitting, habitat restoration, environmental compliance monitoring during construction, biological resource impact assessment, and biological document preparation. Cultural Resources and Native American Monitoring-Brian Glenn has worked on numerous cultural resources management projects in compliance with Section 106 of the National Historic Preservation Act (NHPA) and the California Environmental Quality Act (CEQA). Mr. Glenn will serve as the Cultural Resources Principal Investigator and coordinate and direct the archaeological monitoring. He will also coordinate the monitoring conducted by the Native American monitor. His recent experience includes cultural resources surveys and studies for clients such as the Los Angeles Department of Water and Power, Southern California Edison (SCE), Metropolitan Transit Authority, and La Plaza Foundation La Placita Cemetery excavation. His responsibilities have included archaeological monitoring and the preparation of technical reports (assessment, evaluation and mitigation), cultural resources management plans and EIS/EIR sections. Paleontological Monitoring -Geraldine Aron will serve as the Lead Paleontologist and direct the work of the paleontological monitoring team. She has more than 15 years professional experience working in the Paleontological Management field and is responsible for maintaining the overall scientific integrity and oversight projects. This includes all aspects of Paleo Solut ions company management, field paleontology and geology including: survey, salvage, measuring and drafting stratigraphic sections, geological mapping, sample collection, and paleontological and archaeological monitoring, budget oversight, managing, training, and coordinating the tasks of field staff, developing cliental relationships, fossil preparation, and the production of technical reports. Ms. Aron has produced hundreds of technical reports, which include paleontological assessments, DEIR's, EIR/EIS', Paleontological Mitigation and Monitoring Plans, document reviews, and survey reports for CEQA/NEPAcompliance. She meets the professional standards as a paleontological Principal Investigator for the Society of Vertebrate Paleontologist, BLM, USFS, San Diego County, San Bernardino County, Orange County, San luis Obispo, and other agencies that retain a professional list for qualified paleontologist. Use or disclosure of infonnation contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ARCADJS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 ARCADIS Team 12 Marine Biology -Brent Mardian's career in the marine sciences began a research diver investigating offshore oil platform decommissioning alternatives in 1995. Mr. Mardian has been surveying and sampling the marine environment continuously ever since. His geographic experience extends south to Antarctica, East to Puerto Rico, and west to Guam. An expert in marine field data collection, Mr. Mardian is adept at translating the field data collection 'what' and 'whys', into meaningful and representative results for projects either seeking or responding to a permit. This includes supporting 401/404 Clean Water Act (CWA) efforts, implementing Waste Discharge Requirements (WDR), developing Sampling and Analysis Plans (SAP) for dredged material ('Greenbook' or ITM/UTM), marine biological surveys (Magnuson-Stevens Act Compliance, California Eelgrass Mitigation Plan [CEMP], or California Caulerpa Control Protocol [CCCP)), CEQNNEPA planning support, and conducting Total Maximum Daily Load (TMDL} special studies. Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 ~ARCADIS Agua Hedionda Sewer Lift Station and Force Main Environmental Compliance Monitoring Services 1 Assumptions and Exclusions Cost Estimate 13 ARCADIS' cost estimate to provide the services described in this proposal is presented below. Work will be billed on a time and materials basis with a not to exceed limit of $325,881 that will not be exceeded without prior authorization from the City. Project pricing detail is provided on the attached spreadsheet. Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the table of contents of this document. 0091418808 W ARCADIS Appendix A MMRP Responsibilities Page 1 of 14 Mitigation Measure Primary Responsibility Codes I City of Carlsbad Contractor ARCADIS Mitigation Measure AIR QUALITY Monitoring Ty~ AQ-1 • All construction equipment will be maintained at Project appropriate mechanical and electronic tuning levels per the manufacture(s specifications. Diesel equipment standing idle for more than five minutes shall be turned off. This would indude dump trucks waiting to deliver or receive soil, gravel, aggregate or other bulk materials. AQ-2 • Project construction shall implement the following Project measures in order to minimize construction-related emissions due to dust • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard. • Pave, apply water three times daily, or apply soil stabilizers on all unpaved access roads, parking areas, and staging areas at the construction sites. • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. • Apply soil stabilizers or hydrosseed to previously- graded inactive construction areas. • Cover, endose or apply soil binders to exposed stockpiles. Exp!1nation of Headinas· Monitoring Department Engineering - Utilities Department & Construction Contractor Engineering - Utilities Department & Construction Contractor Shown on Plans Verified Implementation Type • Pr()jed. ongoong cumulative Monttonng Dept = Oepartmen~ or Agency. responstble lor montlonng a particular mtttgatton measure Venfied Implementation= 'Mien mrtJgabOn measure has been Implemented tilts column wtll be tnilialed and dated tnlormallon Shown on Plans • When mttigation measure IS shOw!'l on plans, thiS column Will be tnttialed and dated Remer1<s • Ana lor descnbong slatl.ls of ongomg mtbgabon measure or lor other RO -AppendiX P Remar1<s Construction Contractor responsible per Construction Plans and Specifications Environmental Note #1 . Construction Contractor responsible per Construction Plans and Specifications Environmental Note#2. p 2 f14 age 0 Mitigation Measure • Limit traffic speeds on unpaved roads to 15 mph . • Replant vegetation in disturbed areas as quickly as possible. AQ-3 -Grading, construction and pipe laying operations on the north side of the Agua Hedionda Lagoon channel, including construction of the channel bridge, shall be accomplished with the cooperation of the YMCA youth recreation facility staff to ensure no children are present during construction of this segment. BIOLOGICAL RESOURCES BI0-1 -Mitigation for permanent and temporary impacts to upland vegetation communities (HMP Habitat Groups D. E and F) will be mitigated by debiting the appropriate acreage (total 1.20 acres) from the Lake Cal avera Mitigation Parcel at the ratios Indicated in Table 4 in the EIA Part II (except Diegan coastal sage scrub mitigation acreage shall include a minimum 1:1 creation component, as indicated in Mitigation Measure #2 below). The Lake Calavera property was identified in the City's Habitat Management Plan as a public project mitigation parcel for municipal projects. The total acreage available for credit at its inception was 186.55 acres. That acreage is available to mitigate for habitat impacts from City projects on an acre-for-acre basis regardless of the type of habitat being impacted, except for Group A, B or C habitat groups, none of which are impacted by the proposed project. The mitigation provided for each City project by the Lake Calavera parcel is tracked and reported on an annual basis in the City's HMP Annual Report. As of the end of the last reporting period (October 2009), a total of 183.8 acres of mitigation land was still available. BI0-2 -Pursuant to Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP, the project applicant shall mitigate for the loss of 0.09 acre of coastal sage scrub by creation Expfanation of Htadinas: Type • Protect. ongoong cumulanve Monrtonng Oepl = Departmen~ or A{Jency respons.bfe lor mon1tonng a partrcular mrt1gatron measure 1nlormabon Shown on Plans = When m•bgabon measure IS shown on plans 1h1s column wtll be tn111aled and dated Monitoring Monitoring Shown on Verified Type Department Plans Implementation Project Engineering - Utilities Department & Construction Contractor Project Planning Division Project Planning Division & Engineering- Venfied lmplemenlabon = 'Mlen mrtrgabon measure has been Implemented lhls column Will be m1baled and dated Remart<s = Area lor descnbrng status of ongorng mJttgabon measure or for other RD -AppendiX P Remarks Page 3 o 14 Mitigation Measure of at least 0.09 acre (no net loss) of creation of coastal sage scrub in a location acceptable to the Carlsbad Planning Department and the Wildlife Agencies. Upon agreement as to the selected site, the applicant shall prepare a restoration program for review and approval by the City and Wildlife Agencies. The restoration program shall include a five-year maintenance and monitoring program, with a requirement to meet City/Wildlife Agencies-approved success criteria. This restoration program shall be approved prior to the commencement of any clearing of coastal sage scrub associated with project construction. The restoration program shall include site preparation guidelines, implementation monitoring, performance standards, long-term maintenance and monitoring methodology, and contingency measures with a commitment to funding. 810-3 -In order to avoid impacts to adjacent open space habitats during construction, all impacted open space interfaces will require temporary orange construction fencing which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing shall be installed in all areas adjacent to protected open spaces, and shall be installed prior to construction, and maintained for the duration of construction activity. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the City for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied and Explanation of Headings: Type " Project, ongotng cumulatove Monrtonng Dept= Department, or Agency, responsrble for monuonng a particular mitigatron measure rnlormation Shown on Plans= When mrbgatron measure is shoWn on plana lhrs column will be rrntoaled and dated Monitoring Type PrOject Monitoring Department Utilities Department Planning Division & Biological Monitor Shown on Plans Venfied Implementation Venfied Implementation = When mrbgabon measure has been rmplemenled lhrs column will be rnrtralod and dated Remar1(s = Area for describing status of ongoing mitrgation measure, or for olher RD • Appendrx P Remarks Constructlon Contractor responsible photo documentation and for installation of temporary orange construction fencing per Construction Plans and Specllications Environmental Note#4. Biological Monitor to verify comPliance. Page 4 of 14 Mitigation Measure mitigation identified, to the satisfaction of the biological monitor. Temporary orange construction fencing shall be removed upon project completion of construction of the project. Monitoring Type 810-4 -The developer shall hire a biological monitor to Project monitor the construction operations. The biological monitor shall have the ability to halt construction work, if necessary and confer with the City and Wildlife Agencies to ensure the proper implementation of species and habitat protection measures. The biologist shall report any violation to the USFWS within 24 hours of its occurrence. The biological monitor shall be present to monitor clearing, grading, and construction activities in the vicinity of biological open space areas. The biological monitor shall have the authority to stop construction and require additional precautions or conservation measures to protect the proposed open space preserve areas, including the wildlife movement corridor, as necessary. Implementation of this measure shall be verified by the City prior to and concurrent with construction. 810-5 -Prior to the commencement of any ground-Project disturbing activities o.e.. clearing, grubbing, trenching, grading) that occur between January 15 and September 15, a preconstruction (S 3 days). biological survey by a qualified biologist shall be conducted of the project area. If active raptor and/or migratory bird nests are observed during the construction phase, a buffer area of adequate width (typically 500 feet), as determined by the monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees shall be removed outside of the breeding season of local raptor species (trees shall be removed between September 15 and January 15). Noise attenuation and buffer (if required) E!!p!PQJIIO!l of H!!dings; Monitoring Department Planning Division & Engineering- Utilities Department Planning Division & Biological Monitor Shown on Plans Verified Implementation Type s Prosect oogomg, cumulative Mon~onng Dept ~ Depanmenl or Agency, responsible for monllonng a partJCUiar mtUgatoo measure Venfied lmplementallon = 'Mlen mibgabon measure has been Implemented lilts COlumn Will be mibaled and dated lnfonnabon Shown on Plans • When m1bga~on measure 1s shown on plans, th1s column Will be lniiJaled and dated Remarl<s • Area for descnbing status of ongotng m1bgat1on measure or for other RD· AppendiX P. Remarl<s Page 5o 14 Mitigation Measure shall remain in place until the construction activities are completed or the nest is no longer active. Implementation of this measure shall be verified by the City. Monitoring Type BI0-6 -Construction noise created during the breeding Project season that could affect the breeding of the California gnatcatcher, migratory songbirds and other bird species associated with the adjacent sensitive open water, wetlands, riparian, and coastal sage scrub habitat shall be avoided. This restriction can be waived by the City, with concurrence from the Wildlife Agencies, upon completion of a breeding/nesting bird survey of the area in accordance with the Migratory Bird Treaty Act. A biological monitor of the construction operation is required. If nests are present, no loud construction (exceeding 60 dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the nesting/breeding season (January 15 through September 15). BI0-7 -The developer shall train all contractors and Project construction personnel on the biological resources adjacent to portions of this project and ensure that training is implemented by construction personnel. At a minimum, training shall include: 1) the purpose for resource protection; 2) a description of the gnatcatcher and its habitat; 3) limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); 4) the protocol to resolve conflicts that may arise at any time during the construction process; and, 5) the general provisions of the Endangered Species Act, the need to adhere to the provisions of the Endangered Species Act, the penalties associated with violating the EXDIIQII!OO of Htadinas· Monitoring Department Planning Division & Biological Monitor Planning Division & Biological Monitor Shown on Plans Verified Implementation Type= Ptqect, ongoong cumutabve Monltonng Dept= Department or Agency, responsible for morutonng a pal1lcular m1bgabon measUf'll Venfied tmplement.atJon ='Mien mrtrgabon meaSUI'e has been Implemented tin column will be 1011iated and dated Information Shown on Plans • When m1t1gat1on measl.O'e IS shown on plans. th1s column Wlll be IMialed and dated Rem arb = Area for desmblng status of ongo.ng m1bgat1on measure or for other RO ·AppendiX P. Remar1<s Biological Monitor to monitor noise in proximity to breeding/nesti ng birds Contractor responsible for modifying work if required to comply with noise limitations per Construction Plans and Specifications Environmental Note#7. This training will also satisfy USACE404 Permit Pre- Construction condition#6. Page 6 o 14 Mitigation Measure Endangered Species Act. Monitoring Type 810·8 • In order to adequately protect the adjacent open Project spaces. the applicant shall ensure that the following mitigation measures are implemented during project construction: • Employees shall strictly limit their activities, vehicles, equipment and construction materials to the fenced project footprint; • Pets of project personnel shall not be allowed on the project site; • Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; • All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced project impact limits and in such a manner as to prevent any runoff from entering offsite open spaces, and shall be shown on the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet from the Agua Hedionda Lagoon channel shore. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No- fueling zones" shall be designated on construction plans; and • Night lighting, if any, of construction staging areas shall be of the lowest illumination necessary for human safety, selectively placed. shielded, and Exp!t!JIIiO!! of Hudinas: Monitoring Department Engineering - Utilities Department & Construction Contractor Shown on Plans Verified Implementation Type • Projed, ongoong cumulabve. Monrtonng Oepl = Department. or Agency responsible for monnonng a parnwtar mlllgatiO<I measure Venfied lmplementabon = When mrugauon measure has been omplemented this column Will be omtialed and dated onformatoon Shown on Plans = When mobgauon measure is shown on plans, thos column will be lnoloaled and dated Rema11<s • Area for ~sc::nbong status of ongoong mobgatoon measure or for other RO • Appendox P Remarks p 7 f14 age 0 Mitigation Measure directed away from adjacent natural habitats. 810·9 • The hydroseed mix or landscape mix in areas adjacent to open spaces shall not involve the use of invasive exotic seeds or plants. The list of invasives shall be those identified on List A and List B of the California Exotic Plant Council's List of Exotic Plants of Greatest Ecological Concern in California, as of October, 1999, and updated if applicable. Implementation of this measure shall be verified by the City during review of the Erosion Control Plans. BI0-1 0 • During construction, the project applicant shall install temporary sill barriers along the limits of project impacts (including construction staging areas and access routes) adjacent to open space habitats to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Silt fencing shall be installed in a manner that does not impact habitats to be avoided. All wor1<. activities occurring near the Agua Hedionda Lagoon channel in particular will utilize silt fencing to completely control any disturbed soils from entering the Agua Hedionda Lagoon channel. Runoff from project construction and landscaped areas shall not be allowed to enter the channel. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. BI0-11 -Prior to beginning construction work, the project contractor shall notify the City Engineer, City Planner and Coastal Commission Staff as necessary, of the completion of a final, site specific, Spill Contingency Plan that outlines actions to be taken in the event that an accidental discharge of construction fluids occurs. Such Spill Continoencv Plan shall include, at a minimum, the Explanation of Htadloas; Type= PrOJect, 011g01ng cumulatiVe Monttonng Dept = Department. or Agency responstble for monttonng a parllrular mtltgatton measure tnformauon Shown on Plans • When mtbgallon measure Is shown on plans. llus column Will be ontllaled and dated Monitoring Monitoring Shown on Verified Tvoe Oeoartment Plans lmolementation Project Engineering- Utilities Department & Biological Monitor Project Engineering - Utilities Department & Biological Mon1tor Project Planning Division, Engineering - Utilities Department & Biological Monitor Venfied ImplementatiOn = Wlen mthgauon measure has been tmplemented, thts column will be tntb&led and dated Remarlts =Area for desalbong status of 011g01ng mtbgalion measure. or for olher RO-Appendox P Remarks Construction Contractor responsible for application of hydroseed. Biological Monitor will review seed mix for compliance with approved seed lists. Construction Contractor responsible for installation of temporary silt fendng per Construction Plans and Specifications Environmental Note#10. Page 8 of 14 Mitigation Measure following requirements: a. In the event that a "frac-out," (escape of bentonite slurry into the environment) or other spill or accidental discharge of drilling fluids occurs during the drilling operations, all construction shall cease and shall not recommence except as provided below: b. Following discovery of the "frac-out," spill or accidental discharge of drilling fluids, the applicant shall immediately implement the above stated Spill Contingency Plan. No work shall continue until all spilled fluids have been contained and/or removed and measures taken to prevent a recurrence consistent with the approved contingency plan. If the spill or accidental discharge results in a change to the approved project description or to the scope of the impacts to resources, the permittee shall notify the biological monitor to immediately conduct an assessment of the biological impacts, and submit to the City Planner, and Executive Director of the California Coastal Commission as necessary, a revised project and restoration plan prepared by qualified professional(s) that provides for (1) necessary revisions to the proposed project to avoid further spill or accidental discharge of fluids; and (2) restoration of the area(s) affected by the spill or accidental discharge to pre-project conditions. The revised project and restoration plan shall be consistent with any applicable requirements of the USFWS, CDFG and/or San Diego RWQCB. The revised project and restoration plan shall be processed as an amendment to the coastal development permit. The trenchless construction operations may not recommence until after an amendment to this permit is approved by the City Planner, and Executive Director of the California Coastal Explaottion of Hndinqs: Type a Project ongoong cumulatove Mon~onng Dept = Departmen~ or Agency, responsible for monttonng a partieular mrtJgatJon measure 1nformatoon Shown on Plans • When mtbga!Jon measure 1S shown on plans. lh1s column will be 1M1aled and dated Monitoring Type Monitoring Department Shown on Plans Verified Implementation Venfied ImplementatiOn = 'Mlen mltlgatJon measure has ~Implemented th1s column w~l be 1nmaled and dated Remart<s = Area for describing slatus of ongoong m1t1Q8t1011 measure or for other RO · AppendiX P Remar1<s p 9 f 14 age 0 Mitigation Measure Commission as necessary, unless the City Planner, and the Executive Director as necessary, determines that no amendment is legally required. BI0-12-Prior to removal of the existing sewer and/or gas trestle bridges or construction of the new bridge over the Agua Hedionda Lagoon channel, the project proponent shall apply for and receive approval of a Nationwide Permit 12 (Utility Une Activities) pursuant to Section 10 of the River and Harbors Act. This bridge removal and construction activity shall also necessitate water quality certification issued by the San Diego Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Action, and issuance of a Streambed Alteration Agreement with the California Department of Fish and Game. No additional mitigation beyond removal of the existing trestle bridges is anticipated to be required. CULTURAL RESOURCES CUL-1 -Prior to the commencement of ground-<listurbing activities, the project developer shall retain a qualified archaeologist to monitor ground-<listurbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-<listurbing activities unless otherwise agreed upon by the archaeologist and City Staff. In the event any potential cultural resource is uncovered during the course of the project construction, ground- disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid Explanation of Htadinas: Type = PfO)eCI ongoong. eumulabl/e Monnonng Dept = Oepartmen~ or Agency responSible for mon1tonng a particular m1Ugat1011 measure 1nfO<mat1on Shown on Plans = When minganon measure IS shown on plans lh1s column w111 be initialed and dated Monitoring Monitoring Shown on Verified Type Department Plans Implementation Project Engineering- Utilities Department Project Planning Division, Engineering - Utilities Department Venf1ed Implementation = Wlen mrttgatton meaSUJe has been Implemented tlus column Will be Initialed and dated Remarl<s • Atea for descnbmg status of ongoing mlt"'jatlon measure. or for other RO • Appendix P Remarks Page 10 of 14 Mitigation Measure all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifactual materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CUL-2), in consultation with the Native American Heritage Commission, shall Inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad and the Project Contractor actions for treating or disposing, with appropriate dignity, the human remains and any Explanation of H!ldjnas: Type • Prqect ongooog cumulabve M001tonng Dept = Oepanment. or Agency responSible for moDitonog a particular m1bga110D measure 1nformat10D Shown on Plans • When m1bgation measure is shown on plans th1s column wtll be 1M1aled and dated Monitoring Type Monitoring Department Shown on Plans Verified Implementation Venfied lmplemenlabon • 'Mien mobgaiiOD measure has been omplemented. lhts column Will be II'Ntialed and dated Remarl<s = Area for descnbtog status of OOOOIOQ m111ga110D measure or for olher RO-AppendiX P Remar1<s Page 11 o 14 Mitigation Measure associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The Project Contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. Monitoring Type CUL-2 -Prior to the commencement of ground disturbing Project activities, the project developer shall retain the services of a Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. Prior to implementation of the monitoring, a pre-excavation agreement shall be developed between the appropriate Native American Tribe and the City of Carlsbad. The Native American representative(s) shall attend the pre- grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the monitor and City Staff. CUL-3 -Prior to any excavation or trenching into Project undisturbed, older Pleistocene sediment, the project developer shall retain a qualified paleontologist during construction excavations within these sediment deposits, if any, to observe construction excavations. In the event that any unique paleontological resources are encountered, the resources shall be salvaged, recorded, and curated, under the direction of the monitoring paleontologist. GEOLOGY AND SOILS GE0-1 -Grading and construction of the southern bridge Project abutment shall comply with the geotechnical Exp!onation of Htadi!llls: Monitoring Department Planning Division, Engineering- Utilities Depar1rnent Planning Division, Engineering - Utilities Department Engineering - Utilities Shown on Plans Verified Implementation Type • Prqecl, ongoong. oumutanve Mootonng ~l = Oepanment or A!Jency responsoble fa< monrtonng a particular m~1gat1on measure Venf1ed lmplement.abon =When m1Ug&tlon measure has been Implemented lin column WJII be 1nrt1aled and dated •nformabon Shown on Plans • When m•tigation measure 1s shown on plans. thiS column wdl be tnlbaled end dated Remarks = Area fa< deSCtlbing status of ongOing mitigatiOn measure 0< for other RO ·AppendiX P Remarl<s p age 12 of 14 Mitigation Measure recommendations contained in the Geotechnical Evaluation prepared by Ninyo & Moore, dated August 3, 2009, in order to reduce the potential for settlement due to seismically-induced liquefaction or lateral spread. These recommendations shall include the use of deep foundations and the removal and recompaction of surface soils prior to construction. HAZARDS AND HAZARDOUS MATERIALS HAZ-1 -A site-specific Health and Safety Plan (HASP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site and (b) Avenida Encinas just south of Palomar Airport Road. The HASP shall be prepared in accordance with the requirements of Occupational Safety and Health Administration (OSHA) standards, and with the California OSHA requirements for hazardous waste operations and emergency response regulations. The HASP shall be reviewed and signed by a Certified Industrial Hygienist and include a community health and safety component. Anyone performing subsurface work in these areas should be alerted to the potential for encountering petroleum hydrocarbons and/or pesticides in soil and petroleum hydrocarbons and/or VOCs in groundwater and have received the appropriate training in accordance with the approved site-specific Health and Safety Plan (HASP). HAZ·2 • A Soil Management Plan (SMP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site, (b) approximately 300-400 feet south of the lift station site, (c) Avenida Encinas just south of Palomar Airport Road, and in Avenida Encinas just south of Cannon Road and 400-500 feet north of Palomar Airport Road, if dewatering activities are determined to be necessary. If dewatering activities are to be performed during construction. the SMP should include a ExNnation of Htadinas: Type • Pn:>tecl. ongoong. cumulatrve Monrtonng Dept = Depanmenl, or Ageney respons.ble for monrtonng a partlaJ!ar m1bgallon measure lnf()(Mallon Shown on Plans 5 When mibgalion measure IS shown on plans, lhis column w111 be inlbaled and dated Monitoring Monitoring Shown on Verified Type Department Plans Implementation Department Project Engineering - Utilities Department Project Engineering - Utilities Department Venfied lmplementabon = When m1bgation measure has bet!n Implemented lhiS column woll be 1ndlaled and dated Remalks • Area for des<7lblng status of ongoong m1bgabon measure. or tor other RO ·Appendix P Remar1<s Page 13 of 14 Mitigation Measure groundwater management component for dewatering activities. If dewatering activities are proposed to be discharged to surface waters or the sewer system, the concentrations of metals in the extracted groundwater should meet the requirements provided in the permit from either the RWQCB (General Waste Discharge Requirements and NPDES permit or the City of Carlsbad. The SMP shall be prepared by a professional environmental consultant in accordance with the County of San Diego Department of Environmental Health's Site Assessment and Mitigation Manual, RVVQCB guidelines, and the standard of care of the industry. HAZ-3 -Prior to any excavation or trenching, the construction contractor shall prepare a contingency plan documenting the procedures to be used should an unexpected pocket of hazardous materials be encountered during excavation and/or trenching activities. This plan shall be reviewed and approved by the City Engineer. HAZ-4 - A qualified air monitor shall be retained to monitor air quality during trenching and grading operations. Air monitoring shall be conducted in accordance with the requirements of HAZ-1 and HAZ-2 and the recommendations of the HASP and SMP. This instrument is capable of detecting both petroleum hydrocarbons and organic solvents and will provide assurance that construction workers are not inadvertently exposed to potentially harmful organic vapors. HAZ-5 -A minimum 12-foot wide, unobstructed emergency. construction and operations access shall be maintained at all times during construction trenching and installation of the recycled water line segment between the sewer lift station site and Cannon Road. TRANSPORTATION/TRAFFIC TRAF-1 -Prior to the commencement of development of Explanation of Hudings: Type e Protect. ongoong, cumulabve Monltonng Dept = Department or Agency responSJble for mon1tonng a partJcular m10gatlon measure 1nformat1on Shown on Plans = When mitigat1011 measure IS shown on plans th1s column Wlll be Initialed and dated Monitoring Monitoring Shown on Verified Type Department Plans Implementation Project Engineering - Utilities Department Project Engineering - Utilities Department Project Engineering - Utilities Department & Construction Contractor Project Engineering - Venfled lmplementallon = 'Mien mlbgatlon measure lias been 1mptemented this column will be 1n1baled and dated Remarks = Area for describing status of ongoing m1bgabon measure or fOI' other RO • AppendiX P. Remarks p age 14 o 14 Mitigation Measure the proposed project, the developer shall coordinate with NCTD to determine an acceptable routing during the construction period of NCTD transit service for buses that are scheduled on Avenida Encinas, south of Palomar Airport Road within the alionment of the proposed proiect. EJ!p!ooa!lon of Headings; Type = PrOjeCt ongoong. cumulative. Monotonng Oejlt : Department. or Agency responsoble for momtonng a pa11!rular m111gaoon measure 1nfonna11on Shown on Plans= When m1bgabon measure IS shown on plans lh1s column Will be 1ni11aled and dated Monitoring Monitoring Shown on Verified Type Department Plans Implementation Utilities Department Venfied lmplementabon: \Mien mrugaoon measure has been Implemented this column Will be onrualed and dated Remar1ta • Area for descnbmg status of ongoong m1bg8!10n measure or for other RO • AppendiX P Remar1<.s ~ARCADIS Appendix B Cost Detail Spreadsheet LABOR & DIRECT COSTS: Task 1: Project Management Total Project Cost STAFF CATEOORY T Unrts/Hrs Cost omplon<oM-Sl84 150 $21,600 " .. lr'ogl!trd~ $10 0 50 ~omplon« MoMa<lng B«>>og"l $70 0 so :O.rehoeologo>t Pmelpall,....bgtiOf $124 0 so r-.rthacologlcaWaleontologieal Monitor $75 0 so ~•Uve AI'Mric:an Mon.itor sso 0 so ~iof Marine Scientist $108 0 so ~oniol Sttenhs-1 $145 26 $3,770 ~llftSeit,.... $110 eo $8,800 ~arine 810log&st SM 0 so ~tnlo<GIS $125 0 so ~tftGIS $8$ 50 $4,250 Pro;.etAdtnwslra ..... $8$ $2 $3,380 ll'ed Cott Sublol»fl 358.0 $47,800 Total Materials/Supplies .. ... ,_ ~v.--~ . ., 0 so Fttldlnl<k-... .., 0 so ttldlrucl<-... .., 0 so GPSUnol liD>"' 0 so Eq-uW!ental '"'"' 0 so ~~deliY9ry ... .., 0 so "'"' 0 so odg~onch ,.., 0 so ubsbt6nuli'nonth .,. 0 $0 ···-tt Subtotal 0 otal C<>st EsUmate $47,800 Agua Hedlonda Sewer Force Main and Lift StaUon Environmental Mitigation Monitoring Support Task 2: Compliance Monitoring Cultural I Biological Resources PakontologlcaJ Marine Biology Resources UniUIHrs ost Units.'Mrs Cost Unrts/Hrl Coot 0 so 0 so 0 : 152 $10840 0 so 0 106 $7,420 0 50 0 so 0 $0 92 511,408 0 so 0 $0 1920 $144,000 0 so 0 so 1920 596.000 0 so 0 so 0 so n $2.376 0 $0 0 $0 0 $0 0 so 0 so 0 so 0 $0 0 $0 24 $2.06<1 0 so 0 so 0 so 0 so 0 50 0 so 0 so 0 so 0 so 258.0 "·""" 3132.0 S251408 41_0 $4.- ..... -.... -.... -6$00 $3~ g so 0 : 0 so 0 0 so 0 so 0 so 0 so 14 so 0 so 0 so 0 so $ $$00 0 so 0 so 0 so 0 $0 0 so 0 so 0 :~ 0 $0 0 so 0 0 so 0 so 6 4 $21 733 $261,408 $4,940 TOTAL TOTAL HOURS COST I>< $27,600 15 S1U40 ~~ $7,420 St1,408 1,92( $1<&4,000 1.9~ $96,000 ~ $2,376 $3,770 8C sa.eoo 24 $2,0U ~ so $4.2SO 52 U,310 4,694 -»21,701 T-C.. SU73 so so so $500 so so so so 1 $326,881 G# H-[31T 3 UTIL 1139 AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES 11 B-15, AND THE AGUA HEDIONDA SEWER LIFT STATION PROJECT NO. 3949, 3492, 3886 (ARCADIS U.S., INC.) 4HIS AGREEMENJ is made and entered into as of the .¢tL-day of V?e f'1 l r;;;J , 2014, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and ARCADIS U.S. INC., a Delaware corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant engineer that is experienced in the construction management and inspection of pipelines and wastewater pumping stations. B. Contractor has the necessary experience in providing professional services and advice related to the construction management and inspection of pipelines, pump stations and appurtenant facilities. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional two (2) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be a not-to-exceed fee of three million three hundred fourteen thousand thirty nine dollars ($3,314,039) paid on a time and material basis. 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 (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 1/30/13 1 UTIL1139 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. 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 attorney's 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 City Attorney Approved Version 1/30/13 2 UTIL 1139 line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 10.1.1 Commercial General Liability 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. 1 0.1.2 Automobile Liability. (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. 1 0.1.3 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. City's Initials Contractor's Initials D If box is checked, Professional Liability Insurance requirement is waived. 1 0.2. 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 1/30/13 3 {0 UTIL 1139 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 Cbntractor 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 Name Terry Smith Title Senior Engineer Department Utilities -------------------- City of Carlsbad Address 1635 Faraday Ave. Carlsbad, CA 92008 Phone No. 760-602-2765 ~~~~---------- For Contractor Name Marvin Flynn Title Contract Manager Address 1525 Faraday Ave., Ste. 290 Carlsbad, CA 92008 Phone No. 760-602-3840 Email Marvin.Fiynn@arcadis-us.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. 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 four categories. City Attorney Approved Version 1/30/13 4 I \ UTIL 1139 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (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. 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 City Attorney Approved Version 1/30/13 5 72- UTIL 1139 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. 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. Ill Ill Ill Ill Ill /II /II Ill City Attorney Approved Version 1/30/13 6 I~ UTIL 1139 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 ARCADIS U.S. INC., a Delaware corporation By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California · Mavor ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 7 ,. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~~ - Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~) whose name~) is/are subscribed to the within instrument and acknowledged to me that he/sRQl.tl:ley executed the same in hisfhe.rA!:Ieir authorized capacity(oies), and that by his/herAI:leir signature~ on the instrument the person~. or the entity upon behalf of which the person~) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL------------~---------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:~~~~~ ~( Cu~u ~o? C'{\Qr;>~ ~~o -s:~~~o ~ ~c -v \<-<t.. <. ~ Document Date: Number of Page~--------- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:--------------- U Individual Corporate Officer-Title(s): Partner-LJ Limited :::J General ~ Attorney in Fact Trustee Guardian or Conservator Other: ________ _ Signer Is Representing: ___ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ___________ _ LJ Individual :::J Corporate Officer-Title(s): ________ _ ::J Partner -:::..:; Limited General '.:J Attorney in Fact ::-..:;Trustee Guardian or Conservator ::-:Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Too of thumb here ~~~~~~~~~~~ ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 •Chatsworth. CA 91313·2402 • www.NationaiNotary.org Item #5907 Reorder: CaiiToii·Free 1·800-876·6827 Secretary Certificate I, Gerard P. Cavaluzzi, Assistant Secretary of ARCADIS U.S., Inc. (the "Corporation"), do HEREBY CERTIFY and attest that the Corporation, in accordance with the bylaws of the Corporation, Resolution of the Board of Directors, and delegation ofthe Chief Executive Officer, has duly authorized and directed Jon Westervelt, in his capacity as Vice President of ARCADIS U.S., Inc., to execute and sign, on behalf of ARCADIS U.S., Inc., the City of Carlsbad Agreement for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches 11B-15, and the Aqua Hedionda Sewer Lift Station, Project No. 3949, 3492, 3886 and to affix the corporate seal on such documents, and his signature shall be legal and binding upon the corporation. STATEOF NewYork ) October 17, 2014 ss. County of Westchester ) Personally appeared Gerard P. Cavaluzzi , Assistant Secretary of ARCADIS U.S., Inc. , signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said Corporation, before me. ---'-1Jt---'----'-~---IJ--..L---t&~(£d ______ Notary Public My Commission expires May 23,2017 METTE B. CUFFEL Notary Public · State of New York No. OICU6127240 Qualified in Westchester County My Comm. Expires May 23, 2011 EXHIBIT "A" SCOPE OF WORK AND TECHNICAL APPROACH Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project Construction Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) Task 100-Project Management Under this task A RCA DIS will provided overall project management under the direction of our Contract Manager, including budget and schedule control, sub-consultant management, project documentation, progress meetings and quality assurance/quality control as defined by the following sub-tasks. Task 1. I. I -Track Project Progress and Schedule Under this sub-task ARCADIS will tailor our internal "project management" (PM) computer based budget and labor effort tracking system, and will submit monthly invoices to the City in accordance with the City's requirements. The monthly invoices will identify the following "task-by-task" information, and will be in the same format as invoices submitted for the Constructability Review which was done under separate contract with the City. • Budget Amount • Amount Previously Billed • Current Invoice Amount • Amount Billed to Date • Amount Remaining • % Budget Expended to Date • %Work Completed to Date Task I. I .2 -Sub Consultant Management Under this sub-task ARCADIS will develop and execute agreements with our sub- consultants, will process sub-consultant invoices, and will help coordinate sub-consultant efforts associated with the Construction Management and Inspections Services. Task 1. I .3 -Project Management Documentation Under this sub-task ARCADIS will establish our electronic and "hard copy" document filing system for overall project management efforts under task I 00, will maintain project documents and will distribute project documents to internal and external project team G:\Projects\3472-carlsbad_ VIsta Agua Hedlonda\SOW And Fee Proposai\AH-REVISED SOW 10-14-14.Docx 1 members as deemed appropriate by our Contract Manager, our Construction Manager, and the City's Project Manager. Task 1.1.4 -Progress Meetings Under this task ARCADIS will coordinate with the City and will actively participate in a "kick-oft'' meeting following a Notice-to-Proceed. Thereafter, monthly progress meetings will be conducted with the City by our Contract Manager and Construction Manager. These meetings will focus on review of project status and budgets and will be independent of weekly construction progress meetings to be conducted with the City and the Construction Contractor by our Construction Manager under Task 300. Task 1.1.5-Quality Assurance/Quality Control Under this task ARCADIS will engage and consult with our Quality Consultant on an "as-needed" basis during construction to help mitigate and resolve construction issues as they arise. Task 200 -Bid Phase Assistance Under this task ARCADIS will provide bid phase assistance to the City as defined in the following sub-tasks. Task 2.1.1 -Pre Bid Construction Conference Under this sub-task ARCADIS will attend and participate in the pre-bid conference with the City and the Design Engineer. Our Construction Manager will assist the City and the Design Engineer in responding to questions and highlighting critical elements ofthe construction to the perspective bidders. Task 2.1.2-Responding Bidder's Questions Under this sub-task ARCADIS will assist the City and the Design Engineer in fielding and responding to question from perspective bidders during the bid period. Our primary role under this sub-task will be to Jog and track responses to questions and to review responses from the City and Design Engineer prior to the issuance of responses when requested to do so by the City. The Design Engineer will be responsible for responding to all questions related to the Design Drawings and Specifications. Task 2.1.3 -Addendum Under this sub-task ARCADIS assist the City and the Design Engineer in issuing addendums during the bid period. Our primary role under this sub-task will be to log and track addendums and to review addendums from the City and Design Engineer prior to G:\Projects\3472 ·Carlsbad_ Vista Agua Hedlonda\SOW And Fee Proposai\AH ·REVISED SOW 10-14-14.Docx 2 the issuance ofaddendums when requested to do so by the City. The Design Engineer will take the lead on assisting the City with Addendums. Task 2.1.4-Bid Review Under this sub-task, ARCADIS will assist the City and the Design Engineer in evaluating bids to help determine the most responsible and responsive bidder. Task 2.1.5-Conformed Contract Documents Under this sub-task, ARCADIS will review Conformed Contract Documents prepared by the Design Engineer to reflect addendums issued during the bid period. Task 2.1.6-Front End Documents Under this sub-task, ARCADIS will review Front End Documents (General Provisions, and Supplemental Provisions) and provide comments. ARCADIS will coordinate and attend meetings as required. Task 300-Construction Phase Services Under this task ARCADIS will provide construction management, resident engineering and inspection services as define in the following sub-tasks. Task 3 .1.1 -Preconstruction Conference Under this sub-task A RCA DIS coordinate and facilitate the preconstruction conference activities as follows. Schedule Conference and Send Notification ARCADIS will schedule and notify all appropriate parties of the date, time and location of the preconstruction conference and will include the conference agenda in the notification package. The agenda will be submitted to the City for review and input prior to issuing the notification package. Conduct Preconstruction Conference ARCADIS will conduct and chair this conference that will include overall project objectives, roles and responsibilities, key submittal requirements (schedule of values, CPM schedules, submittal schedules), and administrative procedures related to submittal processing, RFI processing, progress payments, shutdown and tie-in requests, change order processing, permit requirements and notifications, document control requirements, and other pertinent topics. In order to facilitate this conference and to provide all conference attendees with a concise summary ofthe above requirements is suggested that the City have us prepare a Construction Procedures Manual prior to the meeting. G:\Projects\3472 ·Carlsbad_ Vista Agua Hedlonda\SOW And Fee Proposai\AH ·REVISED SOW 10·14·14.Docx 3 Prepare Construction Procedures Manual A Construction Procedures Manual will be prepared to provide all parties with a concise summary of the key procedural and administrative requirements defined in the City's Bidding and Contract Documents. Task 3.1.2 -Construction Management Documentation Under this sub-task ARCADJS will establish our electronic and "hard copy" document filing system for our construction management efforts under task 300; will maintain project documents and will distribute project documents to internal and external project team members as deemed appropriate by our Construction Manager and the City's Project Manager. Our Construction Manager will maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility service interruptions, and all other project correspondence. Our Construction Manager will prepare three copies of the monthly progress report and submit them to the City's Project Manager. This progress report will include the following elements: Summary of the prior month's main accomplishments and current construction activities. Overall contractor's conformance to contract schedule and quality requirements Identification ofkey problems, action items and issues and will include recommendation for solutions. Summary of progress payments, change orders, disputes, submittals, RFls and Notices ofNoncompliance. Photographs of representative project activities. Implement Web-Based Data Management System The project documents require the Contractor to provide and manage a web-based document control system capable of sending, receiving, retrieving and responding to Contractor submittals, RFis, RFDs, change orders, etc; and tracking documents, their pertinent information and their status at any time, as well as their relationship to other project documents. There are a number of customizable software programs that are specifically designed to help manage construction projects. ARCADIS has experience with many ofthese available systems and will work with the Contractor in selecting a system containing features which are best suited for the project to control, distribute and manage all project documents. G:\Projects\3472 ·carlsbad_ VIsta Agua Hedlonda\SOW And Fee Proposai\AH ·REVISED SOW 10·14·14.0ocx 4 Task 3.1.3 -Photo Documentation Under this sub-task our Construction Manager and pipeline Resident Engineer will review the contractor's videotape ofpreconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and clearly depict pre-existing conditions. Our Construction Manager and Resident Engineers will prepare additional videotape and/or photographs to document site conditions as required to supplement the Contractor's videotape. Our Construction Manager and pipeline Resident Engineer will take and develop construction documentation photographs on a regular basis and maintain a digital photographic library of all significant construction activities, providing unique file names for photos including date and location information. The Construction Manager will take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Task 3.1.4-Construction Progress Meetings Construction progress meetings will be conducted as required per the Contract Documents. Our Construction Manager and other team members, as appropriate will participate in progress meetings. These meeting will be coordinated and chaired by our Construction Manager who will prepare and issue meeting agendas and meeting minutes for all progress meetings and special meetings/workshops with the Construction Contractor. Task 3.1.5-Critical Path Method Schedule Reviews Under this sub-task ARCADIS will review and comment on the Contractor's baseline CPM schedule for compliance with the contract requirements relative to overall schedule, interim milestones, phasing of construction and coordination of tie-in and shut down activities. Subsequent to review and approval ofthe baseline schedule, ARCADIS will review and comment on the Contractor's monthly CPM schedule updates. Task 3.1.6 -Shop Drawings and Submittal Reviews Under this sub-task ARCADIS will receive, log, distribute, monitor and track shop drawings and submittals made by the Construction Contractor, and coordinate the review of shop drawings and submittals with the City and the Design Engineer where appropriate. ARCADIS will review all submittals for completeness and general compliance with the requirements of the Contract Documents prior to forwarding the submittals to the Design Engineer. G:\Projects\3472 ·carlsbad_ VIsta Agua Hedlonda\SOW And Fee Proposai\AH ·REVISED SOW 10·14·14.0ocx 5 ARCADIS will receive, log, distribute and track all project submittals and responses; review and respond to our assigned project submittals; and coordinate reviews for all project submittals assigned to the Design Engineer. The anticipated assignment of submittals for review by ARCADIS and the Design Engineer is identified in Attachment "A" hereto. Task 3.1.7-Plans and Specifications Interpretation Under this sub-task ARCADIS will receive, log, distribute, monitor and track all RFis submitted by the Construction Contractor. ARCADIS will coordinate, as needed, with the Design Team for interpretation ofthe Contract Documents where appropriate and will respond to all RFis in a timely manner and within a time frame to be specified in the Contract Documents. ARCADIS will review and process RFis that do not, in our opinion, alter the design intent; and will coordinate with the Design Engineer for responding to all RFI's that might alter the design intent. Task 3.1.8-Construction Inspection Services and Materials Testing Under this sub-task ARCADIS will provide full time construction inspection over the course of the project; will coordinate materials testing required of the Construction Contractor; and will provide inspections and testing services not required of the Construction Contractor but required to confirm compliance with the requirements of the Contract Documents. Factory, Performance and Acceptance testing will be provided by the Design engineer. Task 3.1.9-Progress Payments Approximately five days prior to the submittal of the payment application our Construction Manager will walk the project with the contractor's field personnel and agree on a percent complete of the work. The Construction Manager wiii ensure during the initial schedule cost loading that the construction activities are fairly spread throughout the project and not allow front end loading. Payments on material arriving early on the project will be allowed to be billed with proper invoice backup from the manufacturer or supplier. Once the payment application percent complete is approved, our Construction Manager will request that the contractor complete the payment application with required backup and will review it with the City for approval. Our Construction Manager will discuss prerequisites to a complete payment application with the City prior to the start ofthe project. These prerequisites could include: Monthly Schedule Update with Current Status Material Invoices for Material On Hand But Not Installed G:\Projects\3472 ·Carlsbad_ VIsta Agua Hedlonda\SOW And Fee Proposai\AH ·REVISED SOW 10·14-14.Dooc 6 Off Site Billed Material with Bill of Sale to Contractor and Proper Insurance for Stored Location Updated As-Built Documentation Up To Date SWPPP Documentation Up To Date Regulatory Reports Task 3.2.1 -Contractor Claims and Change Orders Under this sub-task our Construction Manager will: ldentizy, prepare, log and monitor all contractor or City initiated claims, changes, extra work and change orders. Negotiate all claims to an agreed contract/consultant/City conclusion. Submit change orders to the City for approval. Prepare a report providing statement of claim, extra work or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order and negotiate costs with the contractor. Review claims, extra work and change orders that require design modifications or clarifications, including revisions to drawings, details and specifications. Resolve claims, extra work and change orders for changes to the work and obtain City approval. All Change Orders affecting or changing the design intent will be coordinated with the Design Engineer. The Design Engineer will provide input to Construction Manager prior to Construction Manager responding to Potential Change Order (PCO's) or Change Order Requests (COR's). Processing a Disputed Change Order Prior to processing a disputed change order our Construction Manager will exhaust all reasonable remedies for resolving the dispute with the Contractor. ARCADIS' recommended change order review and negotiation best management practices are outlined below and the path we would follow prior to processing a disputed change. Prompt Resolution of Changes in the Field Critical to Cost Management is the prompt resolution of cost and schedule issues in the field. The most detailed knowledge of an issue resides in the field with the Contractor's personnel and the City's construction representative. We believe that it is best handled in the field and that providing qualified personnel in the field, ARCADIS will be able to resolve most issues in the field. When or if it does become necessary to elevate issues to a higher executive level, ARCADIS will ensure that all viable options for field resolution have been exhausted. G:\Projects\3472 ·Carlsbad_ VIsta Agua Hedlonda\SOW And Fee Proposai\AH ·REVISED SOW 1D-14·14.Docx 7 Use Established Cost Manuals For most projects we recommend requiring an established estimating guide such as MEANS within the Contract Documents to establish labor productivity rates so that factor in negotiations is taken offthe table. Utilize Time and Material Procedures Particularly for items of indefinite quantity where a Contractor will want to price in contingency on a lump sum proposal, it may be more effective to utilize the time and material procedures outline in the General Conditions to resolve the disputed item. This may be a means to resolve a dispute when merit for change is acknowledged. Meet and Confer If after field personnel have met at least a couple oftimes on the issue and both parties have done their due diligence to establish their factual position (independent cost estimates, material supplier quotes, etc.), the issue would need to be elevated to the executive management of the Contractor, ARCADIS and the City. A formal Meet and Confer conference would be established on site to discuss the issue. Task 3.2.2-Litigation Support (Optional Task) ARCADIS will provide as an Optional Task, the lead role and support to the City in resolving claims and disputes that potentially go to litigation including, written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, and/or coordinating design services for replacement of damaged work and services made necessary if Contractor defaults. Task 3.2.3-Start-Up Coordination Under this sub-task ARCADIS will assist the City and Design Engineer in review of start-up and testing plans, and project commissioning plans for compliance with the requirements of the Contract Documents; and will oversee and document the Contractor's start-up, testing and commissioning activities. Task 3.2.4-Manufacture Training Under this sub-task ARCADIS will assist the City and Design Engineer in review manufacturer training plans required per the Contract Documents and will proctor the training to confirm compliance with approved training plans. The Construction Manager will coordinate the video recording the training sessions for future use and training of new City personnel. G:\Projects\3472 ·carlsbad_ VIsta Agua Hedionda\SOW And Fee Proposai\AH ·REVISED SOW 10·14·14.Docx 8 Task 3.2.5 -Record Drawings Under this sub-task our Construction Manager, Resident Engineers and/or Lead Inspectors will review the Contractor's "red-line" as-built drawings on a monthly basis to confirm the Contractor has meet the prerequisite requirement for progress payments as identified under Task 3.1.9. Subsequent to production of Record Drawings by the Design Engineer, ARCADIS will review the Record Drawings for accuracy relative to the "red-line" as-built drawings provided to the Design Engineer. Task 3.2.6-Public Relations and Traffic Under this sub-task ARCADIS will coordinate with the public and with the Contractor to inform the public construction activities that will impact the community. We suggest the City of Carlsbad secure and engage the services of a public relations firm to develop and administer a focused public outreach program. Task 400-Project Closeout Under this task ARCADIS will provide the following services for project closeout and final acceptance by the City. Task 4.1.1 -Punch lists Under this sub-task A RCA DIS will coordinate construction close-out by working with the Contractor in developing preliminary and final punchlists to finalize each item of work not yet signed off, and will conduct a final walk-thru on each project element prior to recommending final acceptance by the City. Task 4.1.2-Project Closeout Report Under this sub-task ARCADIS will provide the City a detailed closeout report for each project element. This narrative will encompass the project from start to completion, including the initial and final schedules, the initial and final budgets, photographs documenting the progress of the work, and a final change order report. Arcadis will provide the city with a complete package of all electronic and paper files at the conclusion of the Project. Task 500-Allowance Services Beyond Contract Duration (2 months) Under this task ARCADIS will continue to provide Construction Management Services on a monthly basis if the Construction Contract is extended beyond the proposed 24 month period. G:\Projects\3472 ·Carlsbad_ VIsta Agua Hedlonda\SOW And Fee Proposai\AH-REVISED SOW 10-14·14.Docx 9 Task No. 100 00111 00112 00113 00114 00115 200 00211 00212 00213 00214 00215 00216 300 00311 00312 00313 00314 00315 00316 00317 00318 00319 00321 00323 00324 00325 00326 400 0041 1 00412 500 City of Carlsbad Agua Hedionda Project Cost Proposal Summary Description Project Management Track Project Progress and Schedule PM Set-up PM Updates Monthly Invoices Sub Consultant Management Sub Consultant Agreements Sub Consultant Invoices Sub Consultant Coordination Project Management Documentation File Set-up Document Filing and Control Progress Meetings QA/QC Bid Phase Assistance Pre-Bid Conference Respond to Bidder's Questions Addendum Assistance Bid Review Assistance Review Confromed Contract Documents Review Front End Documents Construction Phase Services Pre-Constrcution Conference Construction Management Documentation Photo Documentation Construction Progress Meetings CPM Schedule Reviews Shop Drawing/Submittal Processing/Review RFI/RFD Processing/Review Inspection and Testing Progress Payment Processing/Review Change Order/Claims Processing/Review Start-Up Assistance/Coordination Proctor Manufacturer Training Record Drawings Review/Approval Public Relations & Traffic Project Closeout Punchlist Development and Tracking Project Closeout Report Allowance Services Beyond Contract Duration 10 Total $ 147,416 $ 13,444 $ 15,168 $ 86,512 $ 9,800 $ 22,492 $54,534 $ 3,230 $ 10,735 $ 10,166 $ 1,999 $ 3,339 $ 25,065 $2,999,260 $ 4,383 $ 38,480 $ 12,864 $ 17,154 $ 58,850 $ 60,446 $ 58,330 $ 2,650,910 $ 9,000 $ 23,216 $ 27,760 $ 13,640 $ 8,260 $ 15,966 $ 20,244 $ 7,000 $ 13,244 $ 92,585 Total $ 3,314,039 • i c M I :! ! j p ... .... .... ....... wt...... .. ................................... .., .... .. :; ~ I U ~ :lq ;; § " .. I ... wt .. ... ........................................................ . ~~ h.!H~HH~~~+!+.++~+:+ar!r~r;H.H.~~.,~.~g~§+!~+§+J+~+!+8r~r~r8H~H~~=,~~E~J!~ J ~ f i ~ I II ,;; ~ARCADIS Infrastructure, environment, buildings October 15, 2014 Mr. Terry Smith, Senior Engineer City of Carlsbad Utilities Department -Engineering Division 1635 Faraday Avenue Carlsbad, CA 92008 ARCADIS U.S., Inc. 1525 Faraday Avenue Suite 290 Carlsbad California 92008 Tel760 602 3800 Fax 760 602 3838 Re: Revised Proposal for Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project Construction Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) Dear Mr. Smith, ARCADIS is pleased to submit this revised proposal to provide the Construction Management and Inspection Services in accordance with the requirements specified in your Request for Proposal and the subsequent ARCADIS proposal dated June 14, 2012 for the subject project. REVISIONS TO ARCADIS JUNE 14, 2012 PROPOSAL This revised proposal incorporates changes to reflect the following. 1. Our original proposal included the Constructability Review effort which was subsequently done under a separate contract with the City. Therefore, the efforts and costs associated with the Constructability Review now need to be deleted from the labor efforts and costs that were included in our original proposal dated June 14, 2012. 2. Re-structuring of the Construction Contract to a single construction contract versus the multiple construction contracts identified in the RFP and used to develop our proposal dated June 2012 precipitates our need to re-allocate hours for our on-site Construction Managen1ent, Resident Engineering and Inspection staff. This reallocation of hours was developed by our Contact Manager, Construction Manager and Resident Engineer. 3. Escalation of costs to a new mid-point of construction based on an anticipated NTP with construction in January 2013 identified in the RFP and used to develop our proposal dated June 2012 versus the currently anticipated NTP with construction in mid-January 2015 precipitates our need to escalate our cost proposal for Construction Management and Inspection Services. The requested escalation is based on an annual rate of3%. 4. Due to the changes which occurred when multiple construction contracts were restructured into a single contract, we modified the role of two of the project staff, as follows: G:\Projects\3472-Carlsbad_Vista Agua Hedionda\SOW and Fee Proposai\AH-ARCAOIS Proposal letter 10-15-14.docx Page 1 of2 a. Mark Sullivan will assume the role of Project Construction Manager. Mark will also act as the Resident Engineer on the pipeline work. b. Franz Schauer will act as the Resident Engineer on the pump station and bridge portions of the project. Theproject hours have been re-calculated to account for this change. 5. Additional underground pipeline inspection services were added to ensure quality assurance of the pipeline portion of the Project. SCOPE OF WORK The attached Scope ofWork, Exhibit "A", including task-by-task labor efforts, define the scope of our Construction Management proposal. The scope of work remains identical to that included in our June 14,2012 Proposal with the exception of reallocation ofstaffhours as identified under Item 2 above. However, this revised proposal includes the identification of sub-tasks under each main task included in our June 14, 2012 Proposal to better track and control our labor efforts and expenditures. COST PROPOSAL The attached Cost Proposal spreadsheet identifies our task-by-task labor efforts/fees for the ARCADIS team members and sub-consultants, and other direct costs (including onsite soils and materials testing) for the Construction Management and Inspection Services for the currently anticipated 24 month construction project. Our total estimated cost for this project is $3,314,039. We are prepared to undertake and complete this project under a lump sum contract basis or under a "not-to-exceed" time and materials contract basis. We have also estimated an average monthly cost of$46,000 for construction management, resident engineering and inspection services that should be set aside as an "allowance" should the duration of construction be greater than the currently anticipated 24 month construction period. Thank you for the opportunity to submit this proposal and we look forward with enthusiasm to initiating these efforts and to continuing to work with the City on this project. If you have any questions regarding our proposal or if you want us to present this proposal to the Cities of Carlsbad and Vista please contact Franz Schauer at 760-880-0014. Sincerely, ARCADIS U.S, Inc. Marvin Flynn Contract Manager Mark Sullivan Construction Manager G:\Projects\3472-Carlsbad_ Vista Agua Hedionda\SOW And Fee Proposai\AH -ARCADIS Proposal letter 10-15-14.Docx Page 2 of 2 ~ARCADIS Infrastructure, environment, buildings October 15, 2014 Mr. Terry Smith, Senior Engineer City of Carlsbad Utilities Department-Engineering Division 1635 Faraday Avenue Carlsbad, CA 92008 Cc: Mark Biskup Cost Proposal Rate Confirmation ARCADIS U.S., Inc. 1525 Faraday Avenue Suite 290 Carlsbad Califomla 92008 Tel760 602 3800 Fax 760 602 3838 Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project Construction Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) Dear Mr. Smith, The rates shown on the detailed Cost Proposal will remain effective through the calendar year of 2016. Rates are as follows: ARCADIS Marvin Flynn Contract Manager $172 Franz Schauer Resident Engineer $175 Jon Westervelt Project Officer $198 Glenn Sucher PS/Pipeline Inspector $135 Richard Norco Scheduler $140 Jeff Sokol Electrical $195 Kenny Smith I&C $160 Liezl Sobejana Document Control $50 Subconsultant/Client Rep Cost Control $75 SUBCONSULTANTS Mark Sullivan Construction Manager $140 H-M Tunnel Consultant $190 SCST Materials Testing $60 MJS Pipeline and PW Inspector $100 Dudek Pipeline/Tunnel Inspector $130 g:\projects\ rlsbad_vista agua hedionda\sow and fee proposallcost proposal rate confirmation 10-15-14.doc «~ C I TYOF ~ ~ CARLSBAD ClTYOFVISTA ARCADIS Infrastructure. environment. buildings CAlltOR N IA ORGANIZATION CHART Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project Construction Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) QA-QC/CONTRACT 1\11\NAGER MARVIN FLYNN CONSTRUCTION l'MNA~t:R MARK SULLIVAN PUMP STATION PIPELINES FRANZ SCHAUER RESIDENT Ef{GINEER ASST. (:ONSTJ?.l/CTION, MANAGER MARK SULLIVAN lfESIDENT ENGINEER GLENSUCHOR ASST.RESIDENT ENGINEER LEAD INSPECTOR MJS DUDEK PIPELINE INSPECTOR $CHQJ)ULE REl(IEl:V RICHARD NORCO INS.TRUf1E:NTAnoN & C.ONT(WLS KENNY SMITH ELECTRICAL JEFF SOKOL ARCHITECTURAL MARVIN FLYNN TEC~NICALSUffO~T STlWCTURAL ARTHURSERATA BRIDGE CONSTRUCTION GLENSUCHOR DUDEK SPECIALTY I~Sf'E,CTION, DUDEK SOILS A!'{D CONCRETE SCST PIPELIN~ INSPECTJO!f DUDEK JACOBS · CONSTRUCT{BILIT'( REVIEW DUDEK