Loading...
HomeMy WebLinkAboutBureau Veritas North America Inc; 2005-11-18; PWENG500c PWENG500 AMENDMENT NO. 7 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT NO. 3957 (BUREAU VERITAS NORTH AMERICA, INC.) This Amendment No. 7 is entered into and effective as of the - day of 200_f2_, amending the agreement dated November 18, 2005 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bureau Veritas North America, Inc., a Delaware corporation ("Contractor") (collectively, the "Parties") for professional engineering services for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue. RECITALS A. On April 14, 2006, the Parties executed Amendment No. 1 to the Agreement to perform focused surveys for the California Gnatcatcher, Least Bell's Vireo, and Rare Plants; and B. On January 31, 2007, the Parties executed an Assignment and Assumption Agreement for Professional Engineering Services by and between the City of Carlsbad, a political subdivision of the State of California ("City"), Berryman & Henigar, Inc., a California corporation ("Assignor"), and Bureau Veritas North America, Inc., a Delaware corporation ("Assignee"); and C. On March 19, 2007, the Parties executed Amendment No. 2 to the Agreement to extend the Agreement for one (1) year and to amend the scope of work to perform additional alternative analysis, improved the preferred project, perform Monarch butterfly surveys, and perform additional environmental services; and D. On August 7, 2007, the Parties executed Amendment No. 3 to the Agreement to perform analysis and prepare the applications for the Coastal Development Permit, Special Use Permit, and Hillside Development Permit; and E. On September 12, 2007, the Parties executed Amendment No. 4 to the Agreement to extend the agreement for a period of one (1) year; and F. On September 17, 2008, the Parties executed Amendment No. 5 to the Agreement to extend the agreement for a period of one (1) year and to amend the agreement to perform additional design and environmental analysis; and G. On June 30, 2009, The Parties executed Amendment No. 6 to the Agreement to amend the agreement to perform additional design, geotechnical, and water quality analysis and provide additional project management and coordination; and H. The Parties desire to extend the agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on November 17, 2010. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. 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 #05.22.01 4. 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 BUREAU VERITAS NORTH AMERICA, INC., a Delaware corporation (sign here) RLSBAD, a munici of the/State of Caljfo (print name/title) r Wtm-Jfe US ^ u (e-mail addces*s *By: ATTEST: Ac /Ci ORRAFNE M. WO City Clel (print name/title) . x>At*\flSz>ae>*jz> @ \js>- (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President *Group B. Secretary, 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: RONALD R. BALL, City Attorney By:. Deputy City Attorn City Attorney Approved Version #05.22.01 PWENG500 AMENDMENT NO. 5 TO EXTEND AND AMEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT NO. 3957 (BUREAU VERITAS NORTH AMERICA, INC.) This Amendment No. 5 is entered into and effective as of the day of , 200 & . extending and amending the agreement dated November 18,_ 200? (the Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bureau Veritas North America, Inc., a Delaware corporation ("Contractor") (collectively, the "Parties") for professional engineering services for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue. RECITALS A. On April 14, 2006, the Parties executed Amendment No. 1 to the Agreement to perform focused surveys for the California Gnatcatcher, Least Bell's Vireo, and Rare Plants; and B. On January 31, 2007, the Parties executed an Assignment and Assumption Agreement for Professional Engineering Services by and between the City of Carlsbad, a political subdivision of the State of California ("City"), Berryman & Henigar, Inc., a California corporation ("Assignor"), and Bureau Veritas North America, Inc., a Delaware corporation ("Assignee"); and C. On March 19, 2007, the Parties executed Amendment No. 2 to the Agreement to extend the Agreement for one (1) year and to amend the scope of work to perform additional alternative analysis, improved the preferred project, perform Monarch butterfly surveys, and perform additional environmental services; and D. On August 7, 2007, the Parties executed Amendment No. 3 to the Agreement to perform analysis and prepare the applications for the Coastal Development Permit, Special Use Permit, and Hillside Development Permit; and E. On September 12, 2007 the Parties executed Amendment No. 4 to the Agreement to extend the agreement for a period of one (1) year; and F. The Parties desire to alter the Agreement's scope of work to perform additional field reconnaissance for traffic control; provide survey support for Chestnut Avenue intersection design; prepare retaining wall alternatives report; revise wetland applications to ACOE, CDFG and RWQCB; and prepare an MND Summary memorandum; and G. The Parties desire to extend the Agreement for a period of one (1) year, and H. 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. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending November 18, 2009. 2. 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". City Attorney Approved Version #05.22.01 PWENG500 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 thirty three thousand five hundred sixty dollars ($33,560). 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 18, 2009. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. 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 #05.22.01 (P PWENG500 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 BUREAU VERITAS NORTH AMERICA, INC., a Delaware corporation CITY OF/CARLSBAD, a municipal corporamqjroT the 9fateybf Califoirli (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President *Group B. Secretary, 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: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #05.22.01 State of Florida County of Broward On August 25. 2008 (date) before me, Michelle Lopez (person taking acknowledgment), personally appeared Luis Damasceno. Chief Financial Officer and Treasurer (name and title of officer) of Bureau Veritas North America. Inc. (name of corporation), a Delaware (state or place of incorporation) corporation, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. .(Signature of Notary Public) _(Print Name) My Commission Expires September 21. 2008 fichelle Lopez MICHELLE LOPEZ % Notary Public - State of Florida •iM/Corm*sionBq*B8Sep21l2C)06 Commission # DD 357009 Bonded By National Notary Assn. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On /WaST", 28* 70$ before me, ^J Date t **""\ personally appeared • . f*fin/SJ Here Insert NamjUMb Title of the Officer tufa ie(s) of Signer(s) 1JUUEWOOMNIFf CocnmlMlon # 17322M Notafy PubHc - CoNfoniio i San Otogo County who proved to me on the basis of satisfactory evidence to be the person^ whose name(g) is/ac^ subscribed to the within instrument and acknowledged to me that he/she"/th«# executed the same in his/ber/trjefr authorized capacity (iga), and that by his/hef/tbeir signature(sj on the instrument the person(»Jf, 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. WITNESS my hand and official seal. Place Notary Seal Above Signature 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: IC&/ Oj L&flSbCLV- Document Date: Signer(s) Other Than Named Above: ,5 Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 62007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT A El Camino Real Contract Change Order No. 3 August 11, 2008 The following Change Order addresses out of scope traffic, engineering, structural and environmental items needed to complete the project as described below: TASK NO. 001 TASK DESCRIPTION DELIVERABLES Field Reconaissance for Traffic Control Transitions will occur at the intersection at Chestnut and Tamarack prior to entering the work zone which is not contained in the current topography for the project. LLG will supplement the insufficient topography and base mapping required to complete the traffic control transitions north of Chestnut and south of Tamarack. Research record drawings for as-built conditions at each intersection, site visit(s) to determine field conditions to complete the original topography for the traffic control plans. 002 • Data Research • Field visits (2 max) • CAD incorporation Chestnut Design - Additional Survey Support The following tasks were not included in the initial effort to set up the project's surface model as Optional Task 040 (Reconfiguration of Chestnut/El Camino Real Intersection) was authorized after the inital set up. These tasks were not included in Task 040 but are required to complete the Chesnut Intersection design: Coordinate with surveying company on location of additional topography. Prepare survey exhibit detailing extent of survey shots required for design. Import new survey points into existing digital terrain model, rebuild existing condition surface model and revise existing contours to reflect the new survey. 003 . Field Visit • Survey Exhibit • Updated surface model and contours Retaining Wall Alternatives Report Simon Wong will prepare a retaining wall alternatives analysis report identifying at least two wall types for each of the six project alternatives. The report will include quantity calculations, cost estimates, constructability analysis, and recommendations for most cost-effective wall type and alignment. Research wall facing alternatives, provide example photographs, and coordinate with potential architectural shotcrete contractors. • Retaining wall alternatives cost analysis report • Research wall facing alternatives W16764 B CarwK RfiftMS Word FfeslCCOICCO3CCO3 - Exhibit A - 08-11 -O8.doc Pagel EXHIBIT A 004 Revise Wetlands Applications Dudek has partially completed preparation of applications for a Section 404 Nationwide Permit authorization from the U.S. Army Corps of Engineers (ACOE), a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Game (CDFG), and a Section 401 Water Quality Certification form the San Diego Regional Water Quality Control Board (RWQCB). The existing permit applications were prepared based on the project description and impacts analysis provided in the October 2007 Draft MND and other technical information available at that time (i.e. Draft WQTR). Dudek will revise the existing permit applications as described below, based on project changes discussed during the meeting with City staff on June 9, 2008. Specifically, the project changes include the addition of an extra storm drain outlet along the east side of the roadway, the expansion of slope improvements at the northern end of the project, and the elimination of project impacts to areas south of Tamarack Avenue. Dudek will revise the project description, impacts analysis, discussion of avoidance and minimization of impacts, discussion of potential impacts to water quality, sensitive species, and wildlife corridors, and associated figures to reflect the modified project. Impact calculations will be revised based on grading limits that were provided by Bureau Veritas on July 1, 2008 which include the project changes described above. Under this task, Dudek will submit a revised permit application to the City for review prior to finalizing the updated application. Dudek will submit the finalized permit application to ACOE, CDFG and RWQCB. Complete copies of each permit application will be provided to ACOE, CDFG and RWQCB. It is assumed that the ACOE, CDFG and RWQCB will accept creation or enhancement of vegetated wetlands habitat as mitigation for impacts to non-wetland jurisdictional waters (i.e. ephemeral and intermittent unvegetated stream channels). If in-kind mitigation is required, and stream channel creation cannot be incorporated into the selected wetlands mitigation site, an additional scope of work would be required to identify an appropriate mitigation strategy and prepare a conceptual streambed mitigation plan. Revise Wetlands Permit Applications PA16764 B Cairino ReaHMS Wad FiesCCOCCOSCCOS - BcNttt A - 08-11 -08.doc Page 2 EXHIBIT A 005 MND Memorandum As requested by the City, a brief memorandum summarizing the project design changes and impacts will be provided to the City for the City's use in finalizing the MND. The memo will include revisions to the MND based on adding an 11,000-square-foot bench area and a new storm drain, especially to the issue of biology. The memo will also include revised MND figures incorporating APE changes (project description and biology), landscape plan changes, and visual simulations updates. Should it be determined by the City that the changes to the MND trigger recirculation of the Draft document, it is assumed that the City will be responsible for recirculating the revised Draft MND, and for preparation of the Final MND including responding to public comments. Assumptions: • Uplands mitigation requirements, including mitigation for impacts to coastal sage scrub and native grassland within the Coastal Zone, will be mitigated at Lake Calavera Mitigation Bank. Therefore, identification of a suitable uplands mitigation site and preparation of an uplands mitigation plan will not be necessary. • In order for the permit applications to be considered complete by ACOE, CDFG and RWQCB, a conceptual wetlands mitigation plan will be required once a suitable mitigation site has been identified. The permit applications will be submitted with the mitigation described in the October 2007 MND with the understanding that mitigation ratios and requirements will be determined through coordination with the agencies following submittal of the permit applications. Preparation of a conceptual wetlands mitigation plan is included in this scope of work. • Mitigation ratios and requirements for in-kind mitigation will be determined during the site visit with the resource agencies. Attendance at pre-application meetings with resource agencies is not included in this scope of work. • The City of Carlsbad will provide Dudek with existing reports identifying potential wetlands mitigation opportunities. • Wetlands mitigation requirements will not be fulfilled at the North County Habitat Bank. • No further revisions to the biological resources report will be necessary. As discussed during the meeting on June 9, 2008, changes to the proposed impacts are not considered to be substantial. Memo update to MND PM6764 EJ Canw» Reams Word Ffes\CCOCCO3\CCO3 - ExhtjH A - 06-11-08 doc Page3 EXHIBIT A Budget Summary TASK NO. 001 002 003 004 005 006 FEE SUMMARY Field Reconaissance Chestnut Design -Additional Survey Support Retaining Wall Report Revise Wetlands Applications MND Memorandum Reimbursable Total FEE PROPOSAL $5,750 $6,320 $8,720 $9,140 $3,140 $500 $33,560 PA16764 B Cwrino ReatMS Word Ftes\CCOCCO3CCO3 - Exhibit A - 08-t 1 -08.doc Page 4 AMENDMENT NO. 4 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR ELCAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT NO. 3957 (BUREAU VERITAS NORTH AMERICA, INC.) This Amendment No. 4 is entered into and effective as of the /42 day of ojL^m LjL*-J , 200 9 , amending the agreement dated November 18, 2005 (thie Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bureau Veritas North America, Inc., a Delaware corporation ("Contractor") (collectively, the "Parties") for professional engineering services for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue. RECITALS A. On April 14, 2006, the Parties executed Amendment No. 1 to the Agreement to perform focused surveys for the California Gnatcatcher, Least Bell's Vireo, and Rare Plants; and B. On January 31, 2007, the Parties executed an Assignment and Assumption Agreement for Professional Engineering Services by and between the City of Carlsbad, a political subdivision of the State of California ("City), Berryman & Henigar, Inc., a California corporation ("Assignor"), and Bureau Veritas North America, Inc., a Delaware corporation ("Assignee"); and C. On March 19, 2007, the Parties executed Amendment No. 2 to the Agreement to extend the Agreement for one (1) year and to amend the scope of work to perform additional alternative analysis, improved the preferred project, perform Monarch butterfly surveys, and perform additional environmental services; and D. On August 7, 2007, the Parties executed Amendment No. 3 to the Agreement to perform analysis and prepare the applications for the Coastal Development Permit, Special Use Permit, and Hillside Development Permit; and E. The Parties desire to extend the Agreement for a period of one (1) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on November 17, 2008. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. 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 #05.22.01 4. 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 BUREAU VERITAS NORTH AMERICA, INC., a Delaware *By: (sigrVnere), {print name/title) LUIS,. (e-mail address) By: (print name/title) IAS. (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager or Mayor ATTEST: RAINE)M. WOOD 7) Clerkw ^ '"<*>^ 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: RONALD R. BALL, City Attorney By:. Deputy City Attorne ity Attorney Approved Version #05.22.01 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE (BUREAU VERITAS NORTH AMERICA, INC.) This Amendment No. 3 is entered into and effective as of the / day of 200_2_, amending the agreement dated November 18, 2005 (the Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bureau Veritas North America, Inc., a Delaware corporation ("Contractor") (collectively, the "Parties") for professional engineering services for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue. RECITALS A. On April 14, 2006, the Parties executed Amendment No. 1 to the Agreement to perform focused surveys for the California Gnatcatcher, Least Bell's Vireo and Rare Plants; and B. On January 31, 2007, the Parties executed an Assignment and Assumption Agreement for Professional Engineering Services by and between the City of Carlsbad, a political subdivision of the State of California ("City"), Bern/man & Henigar, Inc., a California corporation ("Assignor"), and Bureau Veritas North America, Inc., a Delaware corporation ("Assignee"); and C. On April 14, 2006, the Parties executed Amendment No. 2 to the Agreement to extend the Agreement for one (1) year and to amend the scope of work to perform additional alternative analysis, improved the preferred project, perform Monarch butterfly surveys, and perform additional environmental services; and D. The Parties desire to alter the Agreement's scope of work to perform analysis and prepare the applications for the Coastal Development Permit, Special Use Permit, and Hillside Development Permit; 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 nineteen thousand six hundred seventy dollars ($19,670). 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 18, 2007. 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 #05.22.01 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 BUREAU VERITAS NORTH AMERICA, INC. *By: INC., a DeJaware corporatj* \5fgTfhere) Kvan da I fae car/ (print name/title) (print name/title) j us .^(tA olesl-7** • (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California T/ \ City Manager or Mayor ATTEST: ' ^,<^-^. TORR^JE M. WOOD /City Clerk JUL 3 2007 BYSSC 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 RECEIVED OM Jl II 1 0 ?Q07 BYSSG Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 EXHIBIT A Contract Change Order No. 2 - Project Application Tasks for El Camino Real Road Widening Project June 23, 2007 mm NO. TASK DESCRIPTION DELIVERABLES 001 Project Management and Coordination Additional project management and coordination required as a result of the additional tasks. • Up to 2 additional meetings with City personnel • Submittal of project application at engineering counter • Meeting minutes • Coordination memos • Over-the-counter meeting with City staff TASK NO. TASK DESCRIPTION DELIVERABLES 002 Project Application Tasks The City requires the services of a consultant to prepare and submit the project application to the City of Carlsbad. The following tasks are necessary to accomplish this task: • Provide application requirements for Coastal Development Permit, Coastal Development Permit Supplemental Application and Special Use Permit o General project background o Present use of property o Lot coverage o Site plan exhibit on 24" x 36" sheets (5 copies for initial submittal, 10 copies upon request of planner prior to project approval) with general information as follows: • Name/address of owner • Name/address of registered civil engineer • North arrow/scale • Vicinity map • Date of preparation/revision • Project name/application types submitted • Facilities labeled as existing/proposed • Summary table with street address/assessor's parcel number, site acreage, Existing Zone and General Plan Use Designation, existing/ proposed land use 1 Area of site which is undevelopable per Zoning Ordinance Section 21.53.230 • Name of sewer, water, school district providing service to project 5 copies of site plan for initial submittal 10 copies of site plan upon request of planner 5 copies site information plan 5 copies grading/drainage plan 5 copies street/utilities plan 5 copies water/sewer facilities plan 5 copies constraints map 5 copies colored site plan 5 copies completed forms 5 copies of slope analysis 5 copies of slope profiles 5 copies of completed forms for CDP, SUP, and HDP EXHIBIT A o Site information • Location of all major vegetation, showing size/type both within project and offsite for 150 feet, Dudek Exhibits 8A through 8D will be used for this item • Onsite trees to be removed/saved • Top/bottom of all fences, wall and retaining walls o Grading and Drainage • Contours at 1' intervals for slopes < 5%, 2' intervals for slopes between 5% and 10%, 5' intervals for slopes >10% (both existing and proposed) • Earthwork volumes (cut, fill, import/export) • Location/width/size of all watercourses and drainage facilities within and adjacent to project, ditch will be labeled on site plane but no cross section or dimensions will be provided • Show all BMPs o Streets and Utilities • Location/width/names of all streets with and adjacent to property • Street grades/centerline radii • Typical cross sections for all streets • Width/location/use of all existing/proposed public/private easements • Distance between all intersections and medium/high use driveways will be indicated by showing the stationing throughout the project • Access points to undeveloped lands • Existing/proposed fire hydrants o Water Facilities • Existing on-site and off-site water pipelines o Sewer Facilities • Existing sewer pipelines o Constraints Map • Major ridge lines, distant views, internal views, riparian/woodlands, intermittent drainage course, 25-40% slopes, greater than 40% slopes, major rock outcroppings, easements, floodplains, archaeological sites, Special Planning Areas, biological habitats, beaches, permanent bodies of water, wetlands, land subject to major power transmission easements, railroad track beds, this item will be addressed with existing exhibits prepared by Dudek o Completed forms • Land Use Review Application Form • Environmental Impact Assessment Form, from Dudek • Disclosure Statement • Preliminary soils/geologic report • Preliminary Storm Water Management Plan C:\DOCUME-1tPlAM .CAR\LDCAL&-1\Tan»(PQii«MSe\CCO2 - ExtttJi A - &-2M7.doc Page 2 Of 6 EXHIBIT A (SWMP) • Project description/explanation sheet • Notice of time limits on discretionary applications form • Hazardous waste and substance statement form • Photographs of property • Early public notice package, City to provide • Provide application requirements for Hillside Development Permit o 5 copies of slope profiles • Include vertical/horizontal scale • Include minimum of 3 slope profiles (slope cross sections) on constraints map o Assurance of slope analysis/slope profile accuracy signed by registered civil engineer o Show with site plan/grading plan/landscape plan how development fulfills Hillside Development and Design Standards, submit 5 sets of each plan • Manufacturered slopes >40% gradient • Contour grading • Volume of grading • Slope height • Roadway design • Hillside drainage • Show all BMPs o Forms provided • Land Use Review Application Form • Environmental Impact Assessment Form, from Dudek • Project description/explanation sheet • Project photo-simulation exhibits • Biological resource, cultural resource, and/or other environmental documentation • Hazardous waste and substance statement form • Hydrology map and calculations • Preliminary Storm Water Management Plan (SWMP) or equivalent Water Quality Technical Report (WQTR) • Early public notice package (provided by City) • Property owner's list and addressed labels (provided by City) TASK TASK DESCRIPTION DELIVERABLES 005 Subconsultant Services Additional subconsultant services include: Landscape architect services: • For Coastal Development Permit/Special Use Permit/Hillside Development Permit • 5 copies landscape plan • 5 copies street lighting/utilities plan C:\DOCUME-1lBnAf-1.CARlOCALS-1\Tem^XPgtp«iM\CXX>2-ExllcHIA-6-2W)7.doc Page 3 Of 6 EXHIBIT A o Site plan • Percent of site to be landscaped o Landscape Plan • Five copies of 24"x36" sheets • Typical plant species/quantity/size • Estimate of yearly irrigation required • Landscape maintenance responsibility • Percent of site used for landscaping Traffic services: • For Coastal Development Permit/Special Use Permit/Hillside Development Permit o ADT generated by project (zero) o Existing/proposed street lighting/utilities will be shown on 60% plan when complete Page 4 Of 6 EXHIBIT A 099 Reimbursables Additional reimbursables Mileage, copies, prints Assumptions and Exclusions Assumptions made in preparing this scope of work include: • No Specific Project Requirements in the Coastal Development Permit Supplemental Application apply • No evaluation of potential to impact regional transportation system as required by SANDAG Congestion Management Program (CMP) will be required • Project generates < 500 vehicles per day or 200 or more peak-hour vehicle trips so Circulation Impact Analysis for project is not needed • No noise study will be required by the City of Carlsbad for the project application • The City will post project notices on the project site pursuant to Planning Department Administrative Policy 37 • No recycled water is present on the project Not applicable C:COCUME-1tPtAK1.CARUXi*LS-1Vr»tl(«XPgri»«(seCCO2- ExKMA-6-ZW)7.doc Page 5 Of 6 EXHIBIT A Budget Summary TA&UIO. 001 002 099 FEE SUMMARY Project Management and Coordination Project Application Tasks Reimbursables Total FEE PROPOSAL $2,110 $17,080 $480 $19,670 C:OXXJME~1H'lA^1.CAR^C>(^LS-1\TempWP8rpwiseCCO2-ExhlblA-6-23-07.(JOC Page 6 Of 6 RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (BUREAU VERITAS NORTH AMERICA, INC.) This Ratification of Amendment No. 2 is entered into as of the -{i <jay of ) /TL/"V_, 2007, but effective as of the 18th day of November, 2006, extending and amending the agreement dated November 18, 2005 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bureau Veritas North America, Inc., a Delaware corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. On April 14, 2006, the Parties executed Amendment No. 1 to the Agreement to perform focused surveys for the California Gnatcatcher, Least Bell's Vireo and Rare Plants; and B. On January 31, 2007, the Parties executed an Assignment and Assumption Agreement for Professional Engineering Services by and between the City of Carlsbad, a political subdivision of the State of California ("City"), Berryman & Henigar, Inc., a California corporation ("Assignor"), and Bureau Veritas North America, Inc., a Delaware corporation ("Assignee"); and C. The Agreement, as amended from time to time, expired on November 18, 2006 and Contractor continued to work on the services specified therein without the benefit of an agreement. D. The Parties desire to alter the scope of work of the Agreement to perform additional alternatives analysis, improve the preferred project, perform Monarch butterfly surveys, and perform additional environmental services; and E. The Parties desire to extend the Agreement for a period of one (1 ) year; and F. 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 . The retroactive extension and amendment of the Agreement is ratified. 2. 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". 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 thirty three thousand seven hundred eighty five dollars ($33,785). 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 the City. 4. Contractor will complete all work described in Exhibit "A" by November 18, 2007. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version #05.22..01 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. 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 BUREAU VERITAS NORTH AMERICA, INC., a Delaware corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager or Mayor ATTEST: ^l.o^J^..Cofot -tORRAINE M. WOOD City Clerk (sign^ (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President "Group B. Secretary, \ Assistant Secretary, 1CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: City Attorney Approved Version #05.22..01 ALL-PURPOSE ACKNOWLEDGMENT State of California County of On (DAT] personally appeared personally known to me - OR - JOCELYN BELLE RETSCH CMLftBIMSNOTARY PUSUC-CAlfORKIA IDSMDfegoCwi* proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT G PARTNER(S) G ATTORNEY-IN-FACT G TRUSTEE(S) G GUARDIAN/CONSERVATOR n OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 EXHIBIT "A" SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version #05.22..01 EXHIBIT "A" Scope of Services - Contract Amendment No. 2 El Camino Real Widening January 3, 2007 Task No. Description Budget 001 Project Management and Coordination $5,290.00 The original Scope of Work targeted a 6 month duration for the Phase I Preliminary Engineering with a projected date of selecting a preferred alternative in July 2006. Primarily due to the services performed in the following Tasks and based on current progress, we project a revised date for completion of Phase I to be February 2007. (6 month extension). The respective activities and level of effort for this time extension are as follows: a) Activities Organize and conduct up to 4 PDT meetings Update project schedule Coordinate and review subconsultant product deliverables b) Projected Budget: Sr. Project Manager -10 hours @ $175/hr = $1,750 Sr. Engineer - 20 hours @ $145/hr = $2,900 Admin Assist - 8 hours @ $80/hr = $ 640 002 Additional Alternative Analysis $6,300.00 Consultant prepared up to 4 additional alternatives that addressed such issues as: • Single height walls • Multi-tiered walls (on private property) • Tie-back / sculptured walls • Cost estimate of each alternative • Pro and con of each alternative • Reduced median island Alternative #1 (Width = 8 feet) a) Projected Budget: Sr. Project Manager- 2 hours @ $175/hr = $350 Sr. Engineer - 8 hours @ $145/hr = $1,160 Engineer - 40 hours @ $110/hr = $4,400 Tech I - 6 hours @ $65/hr = $390 EXHIBIT "A" Scope of Services - Contract Amendment No. 2 El Camino Real Widening January 3, 2007 003 Preferred Project Reduced Median Alternative #2 $5,280.00 Consultant prepared a revised median island alternative (Width = 14 feet) and additional wall / grading revisions on the Sprague property to finalize the Preferred Project to be included in the Environmental Document. a) Projected Budget: Sr. Project Manager - 2 hours @ $175/hr = $350 Sr. Engineer - 4 hours @ $145/hr = $580 Engineer - 36 hours @ $110/hr = $3,960 Tech I - 6 hours @ $65/hr = $390 004 Revision to Preferred Project and Associated Graphics $4,200.00 Perform additional revisions to Preferred Project based on comments received from City and Team Members. Revisions include: • Inclusion of the Chestnut Avenue Intersection Improvements into the project description and analysis • Evaluate and prepare exhibit to illustrate that the NW and SW curb returns are ADA compliant. Incorporate ADA ramps into relevant project alternative and graphics. • Location of bus turnout at SW quadrant of Chestnut • 300 feet minimum turn pocket lengths • Change southbound lane widths from 11.5 feet to 12 feet and bike lane from 8 feet to 6.5 feet. Revise Landscape Concept Plan and other graphics to reflect this change. a) Projected Budget: Sr. Project Manager - 2 hours @ $175/hr = $350 Engineer - 35 hours @ $110/hr = $3,850 Note: Previous documentation, communication and approval of the above Task 002 through Task 004 is included in e-mails dated May 24, 2006 (Keith Gillfillan to Eva Plajzer) and June 7, 2006 (Eva Plajzer to Keith Gillfillan). 005 Additional Environmental Services $12,715.00 Per Dudek Contract Amendment Authorization No. 2 dated (includes January 3, 2007 (attached). mark-up) TOTAL BUDGET $33.785.00 HfcOEWED FEB272007 DUDEK :;"!::,;; EXHIBIT "A" - Task 005 January 3, 2007 4924-01 Mr. Kekh GWftNan Berryman It Henigar/Bureau Verttas 11590 West Bernardo Court, Suite 100 San Diego, California 92127-1 (24 Re: Contract Amendment Authorization No. 2 for the El Cam/no Real Widening Project, City of Carlsbad, California-Revised D*ar Mr. GWfiMan: As we've been discussing recently, Dudek is requesting authorization to amend the existing scope of work and contract for the referenced project to include three (3) tasks not currently included in our contract Since project kkkoff in September 2005, several additional tasks beyond those outlined in our current contract have been identified. Dudek was originally requested to keep our cost at a minimum as directed by the City during the contract negotiation phase, particularly with regard to coordination and project management efforts. While Dudek was receptive to this approach, the schedule for the project has been longer than originally envisioned, and project management and coordination time for the Dudek project manager has been greater than originally anticipated. The out of scope items are addressed below in greater detail, and a cost spreadsheet has been included as an attachment to this request. Scope of Work Task I: Preparation of Second Screencheck IS/MND/ Changes to Project Description As requested by the project team at the November t, 2004 team meeting, the project APE is being changed to include the "porkchop" area in the northern part of the project site. Two previous revisions to the APE were also made by the project team in April and July 2004. With respect to preparation of the CEQA document, the APE revisions resulted in necessary changes to the MND project description and various analyses, necessitating additional efforts for GIS, word processor and project manager. We request a fee of $2,040 for this task. Total cost estimate for Task I ................................................................................................. $2,040 212HD7 EXHIBIT "A" - Task 005 Re: Contract Amendment No. 2 /br tte B Camino tarf VVWen^ Project, C3ty of Carfcbad, Cd^rnw Task 2: Technical Study Revisions For th« three technical studies prepared/managed by Dudtk (biology, noise, and archaeology), Dudek wM provide a third submittal as requested by the City. Our original scope assumed that we would submit two screencheck versions, which Dudek provided in April and August 2004. As described in Task I , as part of the third submittal, the project description and CIS maps will be sKghdy revised to include the "porkchop" area, and wiN incorporate City comments on die August submittal. We request a fee of $ I ,f 70 for these efforts. As discussed at the November I team meeting, the City's coastal zone boundary has been recently revised. We will update our maps accordingly for use in the Biological Resources Technical Report and MNO. The Biological Resources Technical Report's impacts within the coastal zone wW be reviewed to analyze whether changes to our impact assessment and/or mitigation ratios are required. Also, a monarch butterfly survey as requested by the City wHJ be conducted in December. We request a fee of $2, 1 25 for these efforts. T*ot0/ cost estimate fur Tcsft 2 ............... ...... .................................. ....... ............................. ...... $4,095 Task 3: Project Management and Meetings As introduced above, Dudek was originally requested to keep our cost at a minimum as directed by the City during the contract negotiation phase, particularly with regard to coordination and project management efforts. For example, the project team assumed a five-month schedule for Phase I of the contract, which increased to I months, requiring additional project management and coordination to support the project We had also assumed a maximum of four (4) hours of effort coordinating alternatives, for which the Dudek project manager spent 24 hours. We request a fee of $3,160 for this effort Regarding project meetings, our original cost estimate assumed that Dudek would attend one team meeting over the course of the project plus an additional meeting for the Planning Commission hearing. Thus far, we have attended five (5) team meetings, or four (4) more than currently scoped. In support of the remaining work effort, we foresee the need to attend an additional three (3) project meetings. We request a fee of $ I, SM for this effort. iOCflf COM •SwfHtfW F^* 'wSit *••••••••••••*••••**•••»»*•••••••••••••••*••••«•*•»*••••••••••••••»•*•••*»••*»•*•*••*•*•**«••••••• Assumptions I . The project schedule for Dudek's CEQA and permitting tasks is anticipated to be complete by Jury/August 2007. 2. No hardcopy submittal will be required for Second Screencheck submittal of the MND. 3. One screencheck final version of the MND is currently scoped. DUDEK 4926-01 2 January 2007 EXHIBIT "A" - Task 005 Re: Contract Amendment No. 2 for the El Combo Red Wktenfof Project Cty ofCatbbod, Cetfunia Requested Fee Amendment Dudek requests a total amendment of $11,OS5.00 as outlined in Tasks I through 3 above. Upon your approval of this contract amendment, our total authorized budget would be $tt,170.00 ($17,315.00 authorized contract budget plus $ 11,055.00 for this contract augment request). AN work wM be bitted in accordance with our approved contract with the Bureau Verteas. If you have any questions or need additional information, please contact me at 7iO.479.422t or via email at sshamtouQdudek.com. Sincerely, Shawn S. Shamlou Project Manager Dudek Ate cost spreadsheet DUDEK 4926-01 3 January 2007 IOoo «re I < DO I Xuu 1 u u 1r s 8 t •:; a a ASSIGNMENT AND ASSUMPTION AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment Agreement") is made and entered into this <J%£- day of C?JU^^j/ 2007, by and between the CITY OF CARLSBAD, a political subdivision of the State of California ("City"), BERRYMAN & HENIGAR, INC. a California Corporation ("Assignor") and BUREAU VERITAS NORTH AMERICA, INC, a Delaware Corporation ("Assignee"), and is made with reference to the following facts RECITALS A On November 18, 2005, the City and Assignor entered into that certain Professional Services Agreement concerning roadway planning for the El Cammo Real Widening project from Tamarack Avenue to Chestnut Avenue, (the "Agreement"). B Paragraph 24 of the Agreement allows Assignor to assign rights and obligations under the Agreement upon written approval of the City C Assignor desires to assign its interest in the Agreement to Assignee Further, Assignee desires to accept assignment of Assignor's interest in the Agreement and City consents to the assignment of the interest in the Agreement from Assignor to Assignee NOW THEREFORE, incorporating the above recitals and in consideration of the covenants and obligations set forth herein, the parties hereto agree as follows 1 Assignment Assignor hereby assigns to Assignee all of Assignor's rights and obligations as set forth in the Agreement 2 Assumption Assignee hereby assumes all of Assignor's rights and obligations as set forth in the Agreement 3 City Consent City hereby agrees and consents to the assignment of all of Assignor's rights and obligations as set forth in the Agreement to Assignee 4. General Terms and Conditions The following general terms and conditions shalt apply to this Assignment Agreement 4 1 Hold Harmless In addition to the hold harmless provisions contained within the Agreement, Assignee agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of this Assignment Agreement caused by the willful misconduct, or negligent act, or omission of the Assignee 4 2 Counterparts This Assignment Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument 4 3 Successors and Assigns It is mutually understood and agreed that this Assignment Agreement shall be binding upon City, Assignor and Assignee and their respective successors. Neither this Assignment Agreement or any part hereof nor any monies due or to become due hereunder may be assigned by Assignee without the prior consent of City rev 1/28/00 4 4 Governing Law. This Assignment Agreement shall be governed by, interpreted under, and construed and enforced in accordance with, the laws of the State of California 4 5 Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Assignment Agreement shalt be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county 4 6 Notices Service of any notices, bills, invoices or other documents required or permitted under this Assignment Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows City Public Works Director City of Carlsbad, Public Works-Administration 1635 Faraday Avenue Carlsbad, CA 92008 Assignor ' Berryman & Henigar, Inc 11590 W Bernardo Court, Suite 100 San Diego, CA92127 Assignee. Bureau Ventas North America, Inc. 11860 West State Road 84 Fort Lauderdale, FL 33325 4 7 Nondiscrimination During the term of this Assignment Agreement, the parties shall comply with the state and federal laws regarding non-discrimination 4.8 Authority The parties executing this Assignment Agreement on behalf of City, Assignor and Assignee each represent and warrant that they have the legal power, right and actual authority to bind the City, Assignor and Assignee, respectively, to the terms and conditions hereof 4 9 Severability Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement shall be considered severable In the event any provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Assignment Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Assignment Agreement and the remainder of this Assignment Agreement shall continue in full force and effect rev 1/28/00 4 10 Effective Date This Assignment Agreement shall be effective upon the date and year first above written CITY OF CARLSBAD, a municipal corporation of the State of California V - ,/'A'"l/v6 Manager (sign here) (print name/title) *By ry*^ x (sigrf here) X ATTEST (print name/title) City Clerk (sign here)oX (print name/title) , ^00 Pamela L Hantey • MyCommi8s«)nD0331723 Expires June 23,2008 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 RONALD R. BALL, City Attorney By eputy City Attorne ot (bdttel *. county of ii^lM§?^^,H o«nm to (or offnmed) before me fiis _ si^.^ personally known to me <si-p^«— ^ in baa^l^fetoGtoP^w^^ef^ who appears before me MfiUUmiSU mNlELLERETSCH'l.Comm.# 1529145 S NOTARyPUSUC-CAUfORNIA (fl MyCiH. '^ignalure of Notary) 22,2008 rev 1/28/00 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BERRYMAN & HENIGAR, INC. •Hrt This. Amendment No. 1 is entered into and effective as of the 1 4 _ day of i _ , 2006, amending the agreement dated November 18, 2005 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and BERRYMAN & HENIGAR, INC., a California corporation, a Bureau Veritas Company, ("Contractor") (collectively, the "Parties") for the El Camino Real Widening Project from Tamarack Avenue to Chestnut Avenue. RECITALS A. The Parties desire to alter the Agreement's scope of work to include the performance of focused surveys for California Gnatcatcher, Least Bell's Vireo and a Rare Plants; 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 thirteen thousand six hundred twenty five dollars ($13,625). 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 5, 2006. 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. HI III III III City Attorney Approved Version #05.22.01 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 BERRYMAN & HENIGAR, INC., a California corporation, a Bureau Veritas Company, (print name/title) (e-mail address) y / (s^fn here) CITY OF CARLSBAD, a municipal corporation of the State of California LC City Clerk (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President 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: RONALD R. BALL, City Attorney "D\eputy~City~Attorney 1 City Attorney Approved Version #05.22.01 EXHIBIT "A" SCOPE OF SERVICES AND FEE City Attorney Approved Version # 05.22.01 3 March 7, 2006 Mr. Marshall Plantz, PE Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: El Camino Real Widening - Change Order No. 1 Dear Marshall: As a follow up to our recent discussions, please find attached Exhibit "A", a scope of work and associated fee to provide additional biological services on the above project. Your prompt response in approving this change order is greatly appreciated and would adjust our contract as follows: Original Contract Amount Change Order No. 1 $781,701.00 13.625.00 Revised Contract Amount $795,326.00 Please indicate your approval by signing below and returning a copy of this letter to our office. Sincerely, Berryman & Henigar, Inc. A Bureau Veritas Company Change Order No. 1 Approved for $13,625.00 Business Unit Manager cc: George Kutchins, B&H File 16764.00 Attachment Scope of Services Exhibit "A" P:\16764 El Camino ReaJMS Wort FleslettersiVCO HM.doc City of Carlsbad Date Beriyman & Henigar, Inc. A Bureau Veritas Company 11590 West Bernardo Court, Suite 100 San Diego, CA 92127-1624 Main: (858)451-6100 Fax: (858)451-2846 www.us.bureauveritas.com EXHIBIT "A" D U D IE IC 60S THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760.942.5147 T 800.450.1818 F 760.632.0164 March 7, 2006 4926-08 Keith Gillfillan Berryman & Henigar/Bureau Veritas 11590 West Bernardo Court, Suite 100 San Diego, California 92127-1624 Re: Proposal to Provide Additional Biological Services for the El Camino Real Widening Project, City of Carlsbad, California Dear Mr. Gillfillan: Dudek & Associates, Inc. (Dudek) is requesting authorization to amend the existing scope of work and contract to include additional biological services tasks for the El Camino Real Widening Project in the City of Carlsbad, California. To date, vegetation mapping, ajurisdictional delineation and a general wildlife survey have been completed within the project area. Native habitats identified within the project area include coastal sage scrub and southern willow scrub areas that are considered suitable habitat for the federally-listed threatened coastal California gnatcatcher (Polioptila californica californica; gnatcatcher) and the state- and federally-listed endangered least Bell's vireo (Vireo bellii pusillus; vireo). Focused surveys in accordance with U.S. Fish and Wildlife Service (USFWS) protocols for gnatcatcher and vireo are recommended in order to determine the presence or absence of these species onsite. In addition, the potential for three rare plants exists, and a rare plant survey is recommended. SCOPE OF WORK Task 1: Focused Survey for California Gnatcatcher Focused surveys for California gnatcatcher will be performed within all potential habitat areas onsite and within 500 feet of the project area. Determining the status of gnatcatcher within adjacent areas is necessary to analyze potential indirect impacts to the species. The surveys will be conducted according to the guidelines adopted by the USFWS (February 1997). Because gnatcatcher may be difficult to detect, the USFWS guidelines specify that the presence/absence survey include at least three visits at a minimum interval of seven days for areas enrolled in the Natural Communities Conservation Planning (NCCP) program. As specified in the USFWS guidelines, surveys will not be conducted when the air temperatures are below 55 degrees or above 95 degrees Fahrenheit, or if winds are stronger than 15 mph, as bird activity (and consequently, detectability) typically declines during these adverse weather conditions. Additionally, only 100 acres may be surveyed per biologist EXHIBIT "A" Keith Gillfillan Re: Proposal to Provide Additional Biological Services for the El Camino Real Widening Project, City of Carlsbad, California per day. A tape of recorded vocalizations of the givatcatcher will be used frequently in order to elicit responses from the species, if present. The tape will be played approximately every 100 feet and if a gnatcatcher is detected, the playing of the tape will cease in order to avoid harassment. If gnatcatcher are encountered, data will be collected on the number of individuals, habitat characteristics including slope, elevation and dominant vegetation types, and habitat disturbances. The locations of any observed gnatcatcher will be recorded on field maps with an aerial photographic and/or topographic base at 200-scale (1 inch = 200 feet). These data will be used to estimate the number of gnatcatcher on the project site and to identify those areas, if any, supporting high gnatcatcher population densities. The estimated labor cost for this task is ........................................................................... $4,500.00 Task 2: Focused Survey for Least Bell's Vireo Focused surveys for the least Bell's vireo will be conducted in any riparian habitats onsite and within 500 feet of the project area that are determined to be potentially suitable as nesting habitat for this species. Determining the status of vireo within adjacent areas is necessary to analyze potential indirect impacts to the species. The surveys will be conducted during the breeding season according to USFWS survey protocol. Eight site visits must be conducted with 1 0-day intervals between each visit. Surveys may only be conducted between April 10 and July 3 1 . The results of the surveys will be documented in a survey report submitted to the USFWS. The estimated labor cost for this task is ........................................................................... $5,800.00 Task 3: Rare Plant Survey Dudek will conduct directed survey(s) for HMP narrow endemic (NE) Del Mar Mesa sand aster (Corethrogynefilaginifolia var. linifolid), NE and federally listed endangered San Diego ambrosia (Ambrosia pumila), and CNPS List IB decumbent goldenbush (Isocomamenziesiivar. decwnbens) throughout appropriate habitat areas in the project site. The survey(s) will be conducted during the common flowering period of these species (i.e., July to September in a typical year). The location and number of individuals observed will be recorded using a hand-held Global Positioning System (GPS) unit and will be downloaded to create a Geographic Information System (GIS) coverage. Results of the rare plant survey will be incorporated into the Biological Resources Technical Report This task does not include identification of offsite mitigation lands containing the rare plants. The estimated labor cost for this task is ........................................................................... $3,000.00 DUDEK Subject February 2006 EXHIBIT "A" Keith Gillfillan Re: Proposal to Provide Additional Biological Services for the El Camino Real Widening Project, City of Carlsbad, California All labor hours will be billed according to our 2006 Schedule of Charges. Direct costs are billed at a 15 percent markup, and are anticipated to be $325.00. Therefore, the total cost of this contract modification is $13,625.00. Please feel free to call me at (760) 479-4228 if you have any questions. Very truly yours, DUDEK Shawn S. Shamlou Project Manager att: 2006 Schedule of Charges DUDEK J°t> NO. Subject 3 February 2006 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BERRYMAN 8t HENIGAR, INC. THIS AGREEMENT is made and entered into as of the /@h day of , 2005, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and BERRYMAN & HENIGAR INC., a California Corporation, a Bureau Veritas Company, ("Contractor"). RECITALS A. City requires the professional services of a civil engineering consultant B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its that is experienced in roadway planning and engineering. services and advice related to roadway planning and engineering. expedited fashion. willingness and ability to perform such work. 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE City Attorney Approved Version #04.01.02 1 5. COMPENSATION The total fee payable for the Services to be performed shall be on a time and materials basis in accordance with Exhibit "A" and shall not exceed Seven hundred eighty one thousand seven hundred one dollars ($781,701). 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". 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. City Attorney Approved Version #04.01.02 2 9. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. I N D EM N I FIC AT1 0 N 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-:VI'. 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #04.01.02 3 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 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 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01.02 4 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copytights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Marshall Plantz Name Keith Gillfillan Title Senior Civil Engineer Title Principal Dept Public Works - Engineering City of Carlsbad Berryman & Henigar Address 1635 Faraday Avenue Address 1 1590 We: e,- m:--- Carlsbad, CA 92008 st Bernard0 Ct., Ste. 100 ami uieyu, CA 92127 ~ Phone No. (760) 602-2766 Phone No. (858) 451 -61 00 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04.01.02 5 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and hauassment. 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. City Attorney Approved Version #04.01.02 6 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 solicitor secure-this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea, 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. City Attorney Approved Version #04.01.02 7 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. City Attorney Approved Version #04.01.02 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms an CONTRACTOR BERRYMAN & HENIGAR INC., a ere) ATTEST: (print namehitle) (print namekitle) (e-mail address) %tt. k4aada(@us* bmw16 U LORRAINE M. WOOD 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: RONALD R. BALL, City Attorney By: - Dbputy City Attornby City Attorney Approved Version #04.01.02 9 ALL-PURPOSE ACKNOWLEDGMENT State of California 1 & personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(sj whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(sj on the instrument the person(sj, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL 0 CORPORATE OFFICER TKLE(S1 0 PARTNER(S) IO 0 ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE@) IrnlD6 DATE &- DO~UMENT OTHER ,- SIGNER IS REPRESENTING: RIGHT THUMBPRINT vi OF 5 SIGNER - APA 5/99 VALLEY-SIERRA, 800-362-3369 EXHIBIT “A’ SCOPE OF SERVICES City Attorney Approved Version #04.01.02 10 EXHIBIT "A" El Camino R0al Widening Scope of Work September 28,2005 Proposed Improvements El Camino Real is a major northlsouth roadway serving as a vital parallel circulation element to 1-5 for the Cities of Encinitas, Carlsbad and Oceanside. Within the City of Carlsbad, El Camino Real is designated as a prime arterial street which consists of 6 travel lanes (3 northbound/3 southbound-106' improved width with 126' right-of-way width), &foot bike lanes on both sides of the street, 18 foot wide landscaped median island and 10 foot wide parkways consisting of a 5' sidewalk and 5' of native vegetation. As development occurred, developers were required to widen El Camino Real to full prime arterial standards stated above. The project limits addressed in this request for design services cover areas where no development is anticipated to occur and hence no obligation to improve the roadway to its ultimate width. The project is funded by Traffic Impact Fees (TIF) and Public Facilities Funding (PFF). A brief overview of the project entails widening El Camino Real between Tamarack Avenue and Chestnut Avenue and other associated improvements outlined below: . . . . . . . Environmental Services to obtain a mitigated negative declaration (biology, noise, and archeology) Widen portions of the east and west side of the roadway and incorporate a landscaped median island Traffic signal modifications at the Tamarack and Chestnut intersections Feasibility of undergrounding the overhead utility lines CMP storm drain replacement and storm drain systems upgrade Pavement overlay and/or structural section replacement Slope stabilization and/or retaining walls Private property acquisition Visual simulations of retaining walllslope improvements Permits for geotechnical activities Optional services include the following: . . . Revised intersection geometrics at Chestnut Avenue Channel repair east of El Camino Real Right of entryhelinquish access services for 4 APN's located west of El Camino Real To achieve the above, the scope of work is presented in three (3) phases: 1. PRELIMINARY ENGINEERING & ENWRONMENTAL SERVICES Purpose: To perform research, preliminary alternative analyses and design, technical studies, and associated work to compile a feasibility report recommending a preferred alternative. II. ENWRONMENTAL DOCUMENT AND PERMITS Purpose: Prepare the final environmental document and obtain CEQA compliance and associated regulatory permits. 111. FINAL DESIGN Purpose: To prepare final construction documents - PS&E (plans, specifications, and estimates); for the selected alternative in Phase 1. Prepare related legal descriptions and right-of-way mapping documents for real property acquisition. A detailed description of the services and deliverables to be provided for each phase are presented in the following tables. Assumptions / exclusions and fee proposal follow the scope of work outlined. P:\EI Camina ReanMS Word FilesWpe FINAL 092805.doc 1 EXHIBIT "A" El Carnino Real Widening Scope of Work September 28. 2005 SUMMARY OF TASKS Task Description Paae # PHASE I . PRELIMINARY ENGINNERING AND ENVIRONMENTAL 00 1 002 003 004 005 006 007 008 009 01 0 01 I Project Management and Coordination .................................................................................. 3 Field Survey and Base Mapping ............................................................................................ 4 Geotechnical Field Investigation and Pavement Analysis ...................................................... 6 RWQCB Permit for Geotechnical Investigation ...................................................................... 7 Preliminary Hydrology and Hydraulics Study ......................................................................... 8 Alternative Analysis / Feasibility Study (30% Design) ............................................................ 8 Environmental Technical Studies ........................................................................................... 9 Research. Reconnaissance and Data Collection ................................................................... 3 Traffic Study ........................................................................................................................... 5 Water Quality Technical Report (WQTR) ............................................................................. 11 Alignment and Feasibility Report .......................................................................................... 11 PHASE II . ENVIRONMENTAL DOCUMENT AND PERMITS 020 Environmental Document (MND) and Initial Study (IS) Form ............................................. -12 022 Regulatory Permits (ACOE, CDFG, RWQCB, 8, CDP) ........................................................ 14 023 SWPPP ................................................................................................................................. 15 021 Visual Simulations ................................................................................................................ 13 PHASE 111 . FINAL DESIGN 030 032 033 034 035 Project Management and Coordination ................................................................................ 16 031 Utility Coordination ............................................................................................................... 16 Final Drainage Report .......................................................................................................... 18 Right of Way Engineering .................................... : ................................................................ 18 Resident Engineers Report .................................................................................................. 19 60%, 90% and Final Plans, Specifications, and Estimate .................................................... 17 PHASE IV . OPTIONAL SERVICES 040 041 042 043 Reconfiguration ChestnutlEl Camino Real Intersection ....................................................... 20 Channel Repair (Non-Discharge Locations) ........................................................................ 20 Right-of-Entry / Relinquish Access Rights ............................................................................ 21 Structural Wall Design .......................................................................................................... 21 099 REIMBURSABLE EXPENSES Table 1 .................................................................................................................................. 22 ASSUMPTIONS / EXCLUSIONS Table 2 .................................................................................................................................. 23 FEE SUMMARY Table 3 .................................................................................................................................. 24 SCHEDULE OF CHARGES (STANDARD RATES) Table 4 .................................................................................................................................. 25 P:\EI Carnino RealWS Wwd Files\Swpe FINAL 092805.d~~ 2 Exhibit “A” El Camino Real Widening Scope of Work September 28,2005 PHASE I - PRELIMINARY ENGINEERING, ALTERNATIVE - - AND ENVIRONMENTAL STUDIES TASK TASK DESCRIPTION DELIVERABLES 001 Project Management and Coordination 1.1 BUREAU VERlTASlBerryman & Henigar will perform the necessary Project Management and coordination duties expected for a project of this magnitude. Such activities include but are not limited to the following: 0 Monthly Project Development Team (PDT) Meetings with the City 0 Correspondence 0 Cost Accounting 0 Monthly Progress Report 0 Project Scheduling 0 Sub-consultant Management 0 Quality Control l Quality Assurance 1.2 Coordination - Consultant will coordinate: 0 With respective utility companies. Consultant has budgeted: 1 utility coordination meetings at the City for this phase. 1 site walk through to determine limits of undergrounding district. Note: For the purpose of budgeting, the following PDT schedule for Phase I has been assumed: Monthly Meetings - NTP through month 6 Field Meeting - 1 at submittal for alignment and feasibility report 002 Research, Reconnaissance and Data Collection 2.1 Obtain City and utility company’s records to include: 0 0 0 City “as-built” information 0 0 grading, and utilities. County Tax Assessor’s parcel maps, numbers and ownerships Improvement drawings and right-of-way information Utility mapping and “as-built” data Obtain City aerial mapping and survey control for the aerial base map. Facilities mapping from all utility operators within the project area 2.2 Perform field site review to field - verify existing improvements, adjacent Monthly Status LetterlProgress Report Meeting Agendas Meeting Minutes & Action Items Electronic PDF File Project Schedule (monthly updates) (hard copy available upon request) J Utility and right-of-way information plotted on base topographic map J Correspondence to Utilities Companies J Copies of Utility Record Data P:\EI Camino ReahMS Word Flles\Scope FINAL 092805.doc 3 Exhibit “A” El Camino Real Widening Scope of Work September 28,2005 003 Field Surveying and Base Mapping 3.1 Field surveys to check City horizontal and vertical control (temporary bench marks) for the project and tie into the City’s aerial mapping will be performed. 3.2 Survey ties to accessible existing monumentation to set project centerline and property lines. 3.3 Augment topographic mapping; provided by the City. The following field surveying will be performed: 0 Request of USA mark outs for various utilities. Consultant will tie-out utility mark outs, light poles and other utility appurtenances. 0 Additional centerline survey required for Final Design 0 Cross sections of the existing streevroad to support design (minimum 50’ stations at proposed street widening) 0 Location limits of existing median island paving, if visually observable 0 Locate & tie-in existing driveways and private property improvements affected by the proposed wideninglrealignment Drainage facility locations, type and elevation 3.4 All base mapping will accurately show the locations of surface and subsurface utilities and improvements as found in the field surveys and agency records. The base maps will show the following information: Spot elevations 0 Contours at 2’ interval 0 Existing right-of-way (ROW) and property lines Surface and subsurface utilities Surface improvement and culture J Bound notebook of all monumentation ties and survey notes and sketches along with coordinate listings. J Electronic files and a plot of all control coordinates 4 Plot of X-sections J Electronic base map 1 “=20’ scale with 2- foot contours compiled from City provided topo, augmented with field survey data - Note: It is assumed the City will provide topographic mapping in electronic format. P:\EI Camino ReahMS Word Files\Scope FINAL 092805.doc 4 Exhibit "A" El Camino Real WEdening Scope of Work September 28,2005 004 Trafficstudy Purmse: To prepare a technical trafficanalysis for the project to be included as a technical appendix in the alignment and feasibility report and as support for the environmental document. 4.1 Consultant will perform the following: a. Collect traffic / field data as described below: 0 Conduct AM & PM peak hour traffic counts at the following intersections: - - El Camino Real / Chestnut Avenue El Camino Real / Tamarack Avenue b. Obtain 24-hour machine counts (ADT volumes) from the City for the following intersections: - - El Camino Real: North of Chestnut Avenue El Camino Real: Chestnut Avenue to Tamarack Ave 4.2 Existing Analysis a. Determine the existing peak hour Levels of Service (LOS) at the key intersections using the 2000 Highway Capacity Manual (HCM) methodology and on the street segments using the City of Carlsbad criteria. b. Calculate queue lengths for each leg of the study area intersections under existing conditions. a. Using the SANDAG Series 10 Traffic Model (Model year 2030), obtain forecast volumes for the study area intersections and street segments. b. Forecast peak hour turn movements at the subject intersections. c. Confirm the traffic volumes with the City before beginning the analysis. a. Complete a long-term peak hour LOS analysis at the key intersections using the 2000 Highway Capacity Manual methodology and on the street segments using the City of Carlsbad criteria, assuming the existing intersection configurations remain. b. Calculate queue lengths for each leg of the study area intersections assuming the existing intersection lane geometry. 4.3 Future Traffic Volume Forecast 4.4 Existing Configurations - Future Volumes Analysis 4.5 Recommended Configurations - Future Volumes a. Recommend new lane configurations at the key intersections to accommodate future traffic volume. b. Determine the long-term peak hour LOS at the key intersections using the 2000 Highway Capacity Manual methodology and on the street segments using the City of Carlsbad criteria with the recommended intersection configurations. c. Calculate queue lengths for each leg of the study area intersections assuming the recommended intersection lane geometry and recommend left-turn storage lengths. a. Prepare a Draft Traffic Study with the appropriate text, tabular and graphic material for review by the Client. Revise text per Client editorial comments and submit it to the City of Carlsbad for their review. b. Attend one meeting if necessary. 4.6 Report Preparation / Meetings J 1 Camera-ready copy of draft traffic report and 4 copies J 1 Camera-ready copy of final traffic report and 4 copies P:\EI Camino ReaRMS Word FiisSEcope FINAL 092805.doc 5 Exhibit “A” El Camino Real Widening Scope of Work September 28,2005 005 Geotechnical Field Investigation and Pavement Analysis 5.1 Field Investigation Pumose: To collect sufficient field information to confirm or modify preliminary opinions and to enable the consultant to evaluate and develop geotechnical recommendations for the design and construction of the proposed El Camino Real Widening Improvements. Consultant will conduct three field exploratory programs to assess and characterize existing conditions. a. Roadwav Investiaation: Consultant will advance 8 to 12 borings (8” in diameter hollow stem auger to a maximum depth of 20’) along the alignment of the proposed roadway improvements and the areas where existing slope failures along the drainage channel jeopardize loss of the roadway. Borings along the outside shoulder of the roadway will generally be advanced through the existing fill, through any underlying alluvial soils. Determine subgrade soil conditions at each boring location. Blow counts associated with driving of sampler will be recorded supplementing the assessment of the in-situ consistency of subgrade soils. Excavated bore holes will be backfilled with native cuttings or asphalt patch depending upon location of boring. As part of the geotechnical boring permit application for the County of San Diego, the consultant will evaluate the existing groundwater levels along the subject alignment and use published on-line information from the state, county and local water districts. In addition, the consultant will review geotechnical reports in the vicinity of the subject alignment from City and County sources. As part of the geotechnical evaluation of the alignment improvements, the consultant will perform field reconnaissance, geotechnical borings, and recover soil and bedrock samples. Based on the results of the field investigation and evaluation, if significant bedrock cuts in coherent bedrock are encountered, a rock hardness field evaluation will be performed in these areas utilizing backhoe test pits and logged by a geologist. b. Pavement Investiaation: Consultant will core the existing pavement at selected locations (20 to 30 to maximum depth of 5 feet) for the purpose of confirming actual pavement section thickness and recover pavement, base, and subgrade materials encountered. Consultant will advance 4 to 6 hand auger borings to a depth of 5 to 10 feet to characterize competent materials. If competent material is not reached, a recommendation will be made for further investigation. c. Existina Channel (East Side of Roadwavk 4 3 copies of report at each submittal 4 1 camera ready copy at Final Submittal P\EI Carnino ReanMS Word Files\Scope FINAL 092805.dOc 6 Exhlbi t "A" El Camino Real Widening Scope of Work September 28,2005 I 005 Geotechnical Field Investigation and Pavement Analysis (Con't.) 5.2 Laboratory Testing Conduct laboratory analysis on representative samples of subgrade soils. The laboratory testing program will include maximum dry density, R-value, sieve analysis, sand equivalent, hydro-collapse, and in-situ moisture, rock hardness and density for subgrade soils. 5.3 Engineering Analysis & Geotechnical Report Consultant will evaluate and summarize the collected data. From this compilation of information the consultant will develop opinions regarding the geotechnical issues associated with the design and construction of the proposed improvements and prepare respective design reports. Recommended pavement structural section. Based on traffic Index provided by City and subgrade conditions. 0 Observed subgrade conditions and laboratory test results. 0 Rock hardnesdripability evaluation as-needed. 0 Evaluation of existing pavement condition including pavement 0 0 The Report will address but not be limited to: thickness and pavement overlay recommendations. Pavement embankment stability analysis (earth materials). Evaluate the need for remedial grading and/or ground improvements in road widening areas not previously developed or not developed to support existing or proposed fill prisms. Provide subgrade alternative treatments to reduce pavement section thickness. Evaluate road improvement compatibility with earth retaining structures and foundations adjacent to the subject alignment. Recommendations for slope repaidchannel stabilization at the existing slope failure areas adjacent to the easterly road edge and channel. Note: It is assumed a Phase I Hazardous Material Investigation is not needed and sufficient data is available from record information to address this item in the Environmental Document. However, if more information and investigation is needed, Consultant will submit an amendment for authorization. 0 0 0 006 RWQCB Permits for Geotechnical Investigation (Hand Auger) 6.1 Permitting for Geotechnical Investigation - Hand Auger Existing Channel In order to perform geotechnical activities in the adjacent drainage channel, the City can use Nationwide Permit 6, which does not require any notification with the ACOE. Thirty-days prior to geotechnical survey activity, Consultant will submit a letter to the RWQCB in order to use the 401 -certified Nationwide Permit 6 (Survey Activities). The letter will include a brief description of the geotechnical activities and all associated figures (vicinity maps, site map, and general survey locations). A site visit will be made by Consultant's biologist as part of the effort. This Nationwide Permit has been pre-certified by the RWQCB and requires a 30-day notification to the RWQCB demonstrating that this project meets the requirements of this certification. Consultant will also a submit letter to CDFG with the same information provided in the RWQCB letter. Based upon previous experience, CDFG typically issues a letter authorizing the work in lieu of a Streambed Alteration Agreement. 4 J Letter request to RWQCB to use nationwide permit J Letter to CDFG P:EI Camino ReahMS Word Flles~~a FINAL 092805.d~ 7 Ex hi bi t “A” El Camino Real Widening Scope of Work September 28,2005 007 Preliminary Hydrology/ Hydraulics Study 7.1 Utilizing City provided 1”=100’ scale topographic mapping (electronic format) consultant will perform a hydrology study of the drainage basins tributary to the project. BV/B&H has reviewed the BSI study prepared February 4, 1991. This study indicated the drainage basin contributing flow to the project area is approximately 120 acres consisting of approximately 60 basins. The subbasins delineated in the BSI report will be used as a starting point for delineating the updated basins. Subdivision reports will be reviewed for new development in the project area to determine the potential existence of detention basins. A field review will be conducted throughout the drainage area to obtain information on new developments in the basin not documented in the BSI report. The basins will be delineated in AutoCAD and the Rational Method contained in the AES software package will be used to determine flow rates. AES accounts for variations in peak flow rates between subbasins ensuring the drainage system is not designed to be larger than necessary. Inlets will be sized using the County of San Diego inlet nomographs. During the preliminary H/H study, the pipes will be sized using Manning’s equation. The ditch to the east of the roadway will be analyzed using Manning’s equation and the results of the hydrology study to determine the 100 year flow velocity in the ditch in order to predict the erosive potential of the water in the ditch. 0 0 0 Drainage improvements will be shown on the base map. Hydrology calculations will be determined for Q100. Hydraulic calculations for QlOO will be performed to ascertain the capacity status of existing storm drains and preliminary sizing of proposed facilities using AES software and Manning’s equation. Consultant will prepare a draft drainage letter report for inclusion in the alignment and feasibility report. 0 008 Alternative AnalysidFeasibility Study (30% Design) 8.1 Alternative Analysis Utilizing the base map prepared in the prior task, the consultant will prepare alternatives as follows: 0 Hold existing alignment and widening to satisfy prime arterials standards. 0 In concert with above alignment, alternatives for grading vs. retaining walls or combinations thereof, will be incorporated. 0 Alternatives will focus primarily on the edge treatments of the widening, aesthetics and visual impacts of grading vs. walls with the objective of achieving a “natural” look within the existing corridor. The above alternatives will evaluate the opportunities to salvage as much of the existing roadway as possible while minimizing impacts to private property and achieving a roadway alignment that meets current City design standards. The alternatives will be prepared to an approximate 30% level of completion in a plan and profile format depicting the following: 4 Draft Hydrology and Hydraulic study - Letter report un- bound format (4 copies) J Alternatives in “Bed Sheer plots (single sheet layout) J 4 plots of draft submittal J Final alternatives; Plotted on 24x36” sheets for inclusion in report J Cost estimate for each alternative J Alternative fact sheet for each (advantages vs. disadvantages) J 1 ”-20’ (H); 1 ”-4’ o/) P\EI Camino ReaRMS Word Files\Smpe FINAL 092805.doc 8 Ex hi bii t “A” El Camino Real Widening Scope of Work September 28,2005 008 Alternative AnalysislFeasibility Study (30% Design) (Con’t.) 1”=20’ scale horizontal layout 1”=4’ vertical layout with single line profile for existing ground Approximate grading limits and retaining walls where required Proposed soundwalls based upon noise study recommendations Existing right-of-way and property boundaries Proposed right-of-way Cost estimate and earth work quantities Preliminary ROW cost will be included and performed as part of the activity for Task 01 1. Note: Cost for utility relocation (gas, electric, phone, etc.) will be prbvided by others. 8.2 Landscape Concept Consultant will prepare a Landscape Concept Plan depicting 1 plant palette and hydroseed mix. Consultant will collaborate to provide an overall master landscape plan for the project site. This plan will conform to client‘s request and be in conformance with the local zoning regulations and the City of Carlsbad’s Landscape Manual and guidelines. The plan will be a graphic presentation in plan form specifically showing the overall site and general features provided; locating designated landscape areas, planting masses, adjacent roadway, intersections, walks, slopes and existing vegetation. 8.3 Preliminary Consensus Consultant will meet with the client and team members to discuss the opportunities and constraints of each alternative and reach consensus on the revisions and refinements that will be incorporated into the alternatives for inclusion into the alignment and feasibility report. Environmental Technical Studies (Biological, Noise, Archeological) and Initial Oo9 Study(IS) 9.1 Biological Resources Review Existina Data: California Natural Diversity Database (CNDDB); Draft Multiple Habitat Conservation Plan (Cities of San Marcos and Escondido Sub area Plans); Soil Survey; San Diego Area; California (Bowman 1973); California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Vascular Plants (2001); and other information in consultant’s data base, City of Carlsbad Habitat Management Plan (HMP). Veaetation Communities MaDDinq: Mapping will be prepared according to Holland (1986) nomenclature. All mapping will be done in the field directly onto 100- or 200-scale (1”=100’ or 200’) topographic or aerial photographic bases and later digitized into a Geographical Information System (GIS) format using AutoCAD and J Biological Resources Technical Report J Noise Technical Report 4 Archeological Report P\EI Camino ReafiMS Word Fileskpe FINAL 092805.doc 9 Exhibit “A” El Camino Real Widening Scope of Work September 28,2005 Oo9 Study (IS) (Con’t.) ArcView. 0 Floral and Faunal Inventorv: A general inventory of all plant and animal species detected by sight, calls, tracks, scat, or other sign will be compiled, as well as a determination of potential sensitive species which could occur on the project site. Observable sensitive resources including perennial plants and conspicuous wildlife. Determination of Reauired Focused Survevs: Potentially occurring sensitive resources that are not apparent at the time of the survey and which would require focused surveys will be identified based upon the presence of suitable habitat, including sensitive amphibian, reptile or birds species, and sensitive mammal species requiring focused surveys by a qualified biologist and/or trapping studies, etc. 0 Jurisdictional Wetlands Delineation: All such areas under the jurisdiction of the CDFG as wetlands pursuant to Sections 1600-1603 of the California Fish and Game Code; under the jurisdiction of the U.S. Army Corps of Engineers (ACOE) pursuant to Section 404 of the federal Clean Water Act as waters of the United States, including wetlands; and under jurisdiction of the California Regional Water Quality Control Board (RWQCB) pursuant to Section 401 of the federal Clean Water Act and the Porter-Cologne Act as wetlands or drainages will be delineated. The ACOE wetland delineation will be performed in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (TR Y-81-1). CDFG-jurisdictional areas will be delineated to the limits of hydrophytic vegetation associated with stream channels. 0 Identify existing noise sensitive receivers in the area. 0 Conduct two noise measurements adjacent to El Camino Real to determine existing noise level. 0 Determine future noise levels based on the results of the noise measurements and using Caltrans SOUND32 traffic noise model with future traffic volume and roadway improvements along El Camino Real. The model year for the traffic study will be 2030 - SANDAG Series 10. Identify traffic noise impacts based on the City’s General Plan Noise Element guidelines. Identify and evaluate potential noise mitigation measures. Prepare the technical report describing the analysis and conclusions. 9.2 Noise Analysis 0 0 0 0 Perform Cultural Resources Survey 9.3 Archeological Resources - ASM Affiliates - Pre-field coordination with City - - - Conduct intensive field survey Acquire Records Search at South Coastal Information Center and Museum of Man Contact Native American Heritage Commission and identified tribes 4 Jurisdictional area delineated on 100 or 200 scale topographic base map utilizing GPS, GIS and ArcView Method P:\EI Camino ReaRMS Wwd Files!Scope FINAL 092805.d~~ 10 Exhibit “A” El Camino Real Wldening Scope of Work September 28,2005 ___~ Environmental Technical Studies (Biological, Noise, Archeological) and Initial Study Oo9 (IS) (Const.) - Document all prehistoric and historic archaeological resources, historic buildings and other potentially significant and California Register of Historic Resources (CRHR) eligible properties - Submit site records to obtain permanent numbers for any resources present - Prepare technical report with findings and recommendations 0 Evaluate potentially California Registered Historic Resources (CRHR) eligible resources (optional depending on results). 0 Subsurface testing is not included in this proposal. Should archaeological resources be identified within the project area, the cost of any resource evaluation that may be required is not included in this estimate. I 01 0 Water Quality Technical Report (WQTR) 10.1 Prepare WQTR to describe the permanent storm water Best Management Practices (BMP’s) in accordance with the City’s current requirements identified in the City of Carlsbad Public Works Department, Standard Urban Storm Water Migitation Plan, Storm Water Standards dated April 2003. The following will be included in the document: 0 Vicinity map 0 Project description 0 Site map 0 0 0 Maintenance 0 Drainage study Pollutants and conditions of concern Types of BMPs, site design, source control, and structural 01 1 Alignment and Feasibility Report 11.1 Following the conclusion of technical studies, and refinement of alternatives, consultant will: 0 0 0 Compile technical documentation into a bound report Revise the 1”-20’ scale alternatives as needed to minimize additional impacts identified during technical studies and consensus building. The report will provide a brief executive summary of the following: - Advantages and disadvantages of each alternative - Environmental constraints - Right-of-way and preliminary cost required for each alternative and respective individual properties by APN - Recommendation for preferred alternative I 4 Draft and Final WQTR J 1 Camera-ready copy of report and 4 copies J Electronic file of all Reports and Plans P:EI Carnino ReahMS Word Fiies\smpu FINAL 092805.doc 11 Exhibit “A” El Camino Real Widening Scope of Work September 28,2005 PHASE II - ENVIRONMENTAL DOCUMENT AND PERMITS TASK TASK DESCRIPTION DELIVERABLES 020 Environmental Documents (ISIMND) -== Following completion of the site reconnaissance, the technical studies and 30% design submittal, Consultant will begin the CEQA documentation process for the project. Consultant’s overall approach to obtaining CEQA compliance for the project consists of the several key tasks as described below. 20.1 Project Scoping 0 Meet with City staff and the engineering team to further define preferred project alternatives, constraints, and project issues 0 Identification of roles and responsibilities 0 Discussion of critical scheduling parameters and budget 0 Obtain analysis input parameters (i.e., project design, site parameters, surrounding vicinity) 0 Determine probable environmental concerns and applicable regulations 0 Develop an analysis approach that best deals with identified concerns 0 Coordinate with project team in preliminary analysis of alternatives Note: The effort for this subtask is assumed to not exceed 4 hours by the Environmental subconsultant. 20.2 Environmental Documentation and Initial Study (IS) 0 Prepare project description and Initial Study (IS) 0 Determine appropriate CEQA document (anticipated to be an MND) 0 Obtain available environmental resource data, including technical reports 0 Determine data adequacy 0 Implement supplemental data collection in compliance with appropriate environmental regulations, if necessary 0 Assemble data to be used in analysis 0 Analyze impacts using the City’s EIA Form (Part 2)-key topics include Aesthetics, Biological Resources, Cultural Resources, Hydrology/Water Quality, and Noise Follow guidance in the City’s ECR Corridor Development Standards, as applicable to scenic corridor. Consider adjacent Chestnut Heights TM development as necessary in analyses. 0 0 Note: Environmental subconsultant has not budgeted any coordination effort with the Developer. b J 5 copies of screen check, and Final MND P:\EI Camino Real\MS Word Files\Scope FINAL 092805.doc 12 Exhibit “A” El Camlno Real Widening Scope of Work September 28,2005 21.1 After review and concurrence on acceptable material alternatives presented in Phase I, Consultant will provide Visual Simulations of the alternative wall treatments to be considered in the CEQA document. Visual simulations will address the following alternatives: 0 Slope grading only 0 Stepped walls 0 Combinations of the above. 21.2A total of four (4) visual simulations will be prepared. The simulations will include two (2) views along El Camino Real looking towards the proposed retaining walls. Each of these views will show the proposed retaining wall with two (2) different surface treatments. Sculptured tie-back walls that retain the natural look of the area 020 Environmental Documents (ISIMND) (Con’t.) Identify methods to evaluate mitigation effectiveness Determine requirements for mitigation Identify methods to evaluate mitigation effectiveness Compile analysis documentation into MND format for City’s review (assumes one screen check and one draft document, with 5 copies of each) 20.3 Document Processing 0 Obtain other responsible/reviewing agencies and public comments. Note: Environmental subconsultant assumes no more than 8 hours will be required to respond to comments as the project is not considered to be controversial. 0 Determine requirements for mitigation 0 0 0 J 4 Visual simulations included in the CEQA document. 0 Conduct additional field and/or office studies as required and identified during the review period, if necessary. Consultant will submit a fee adjustment and authorization approval prior to performing this additional work. Prepare responses that adequately address concerns raised per City staff review 0 Prepare final CEQA document 0 Prepare Mitigation Monitoring and Reporting Program (MMRP) for City review and comment Note: One screen check and one final document with 5 copies of each is assumed. 20.4 Decision Making 0 Assist in preparation of appropriate documentation as required 0 Note: For activities 20.3 and 20.4, it is anticipated that 1 iteration review by the City for each (2 reviews total), one project meeting and attendance at one PC hearing is assumed. (Notice of Determination) Attend Planning Commission hearing on the project P\EI Carnino Real\MS Word FilesEcope FINAL 092805.doc 13 Exhibit "A" El Camino Real Widening Scope of Work September 28,2005 022 Regulatory Permits (ACOE, SDFG, RWQCB & CDP) 22.1 Section 404 Nationwide Permit Application Consultant will complete and submit a Pre-Construction Notification (PCN) for Nationwide Permit (NWP) 14 (Linear Transportation Crossings) to the U.S. Army Corps of Engineers (ACOE) in accordance with Section 404 of the federal Clean Water Act. The application will include a project description, a statement of purpose and need, an impacts analysis, a discussion of avoidance and minimization of impacts, a wetland delineation, a draft mitigation plan, all associated figures (vicinity maps, project site map, construction/grading cross-sections, mitigation area, etc.) and copies of the wetland permit applications submitted to the Regional Water Quality Control Board (RWQCB) and California Department of Fish and Game (CDFG). Consultant will also forward a copy of the Section 401 Water Quality Certification to the ACOE. Following submittal of the application, Consultant will coordinate with the ACOE throughout the review process. 22.2 Section 401 Water Qualitv Certification hplication Consultant will complete and submit an application for a Section 401 Water Quality Certification to the RWQCB. The application will include a project description, an impacts analysis, a discussion of avoidance and minimization of impacts, a wetland delineation, a discussion of potential impacts to water quality, a discussion of potential impacts to sensitive species and wildlife corridors, a draft mitigation plan, all associated figures (vicinity maps, project site map, construction/grading cross-sections, mitigation area, etc.) and copies of the wetland permit applications submitted to the ACOE and the CDFG. Consultant will coordinate with RWQCB staff following the submission of the application. 22.3 Section 1602 Streambed Alteration Aclreement Consultant will submit to the CDFG an application for a Section 1602 Streambed Alteration Agreement. The application will include a project description, an impacts analysis, a discussion of avoidance and minimization of impacts, a wetland delineation, a draft mitigation plan, all associated figures (vicinity maps, project site map, construction/grading cross-sections, mitigation area, etc.) and copies of the wetland permit applications submitted to the RWQCB and ACOE. - Note: Environmental subconsultant will attend 1 meeting with agency staff and it is assumed that all three agencies will attend. For budgeting purposes, Environmental subconsulant has included 24 person-hours in order to coordinate with the resource agencies following submission of the permit applications. 22.4 Coastal Development Permit A Coastal Development Permit (CDP) may need to be obtained from the City of Carlsbad. Consultant will prepare an application for a CDP, including a description of the proposed development, identification of adjacent property owners, and analysis of project consistency with relevant Coastal Act policies, taking into account proposed mitigation. This task includes assembly of the application materials in accordance with Coastal Commission requirements, including all public noticing materials. A draft CDP will be P\EI Camino RealUllS Word FilesEcope FINAL 092805.doc 14 PCN application to ACOE for NWP 14 Section 401 Water Quality Certification application to the RWQCB Section 1602 Streambed Alteration Agreement application CDP application Conceptual wetland mitigation and monitoring plan Exhlbl t &‘Aaa El Camino Real Widening Scope of Work September 28,2005 022 Regulatory Permits (ACOE, SDFG, RWQCB & CDP) (Con’t.) submitted to the City for review. Consultant will then make any necessary I changes and submit the application to the Planning Department. NO meetings are anticipated for this effort. This scope of work and cost estimate assumes that the City of Carlsbad will provide the adjacent property owners’ addresses during noticing. Note: A total of 76 hours has been budgeted for this effort. 22.5 Conceptual Wetlands Mitigation And Monitorina Plan Consultant will prepare a conceptual wetland mitigation and monitoring plan. The plan will be a written report compatible with resource agency permit requirements. The plan will summarize existing site conditions, discuss project description and impact, outline the goals of the revegetation program, detail the planting design, address plant materials sources and lead time, describe installation requirements, irrigation sources, erosion control, maintenance and monitoring requirements, and outline reporting/ documentation requirements. It is assumed that the mitigation will be offsite; therefore, 10 hours have been budgeted to review offsite mitigation areas. Note: It is assumed that no federally- or state-listed species will be detected and no federal or state Endangered Species Act Permitting is required. 023 SWPPP 23.1 Consultant will prepare a SWPPP for use during construction in compliance with the California Stormwater Quality Association (CASQA) and Carlsbad’s Standard Urban Stormwater Management Plan, Storm Water Standards dated April 2003 which will include the following: 0 Site map 0 List of significant materials 0 Description of pollutant sources Assessment of potential sources 0 0 0 0 Draft erosion control plan included in the street improvement plans Recommended Best Management Practices (BMP’s) Provide all necessary graphics for insertion into the final document Preparation Notice of Intent for City Signature and Processing (NOI) Prepare site check off lists for use during construction Note: City will prepare Notice of Termination (NOT) at end of project. P\EI Camino Raal\MS Word FilesEmpa FINAL 092805.doc 15 Exhibit “A” El Camino Real Widening Scope of Work September 28,2005 PHASE 111 - FINAL DESIGN SERVICES TASK TASK DESCRIPTION 030 Project Management and Coordination DELIVERABLES 30.1 Perform similar Project Management and Coordination activities as stipulated in Phase I. Note: For the purpose of budgeting, the following PDT schedule for Phase II has been assumed: 0 Meetings every other month 0 - Field meeting at 90% submittal Phase Ill NTP through Month 9 J Deliverables similar to those in Task 001. 031 Utility Coordination, Potholing and Additional Surveying 31.1 Letters will be sent out to the utility companies operating in the area informing them of the project. In addition, we will also be responsible for: 0 Submitting plan copies to the utility companies for review and comment at critical milestone submittals of the plans. 31.2 Consultant will attend up to 2 utility coordination meetings as part of the City’s bi-monthly meetings with the utility companies. 31.3 Consultant will perform “potholing” of existing utilities that may be potentially in conflict with proposed improvements. (Potholing includes associated traffic control.) 31.4 Consultant will perform supplemental field surveying in support of the proposed improvements. Such survey work may include: 0 Tie-out pothole location 0 0 Confirm points of proposed improvements Private property improvements to be joined Other pertinent features and utilities that will be impacted by the proposed improvements. Note: We have budgeted 27 pothole locations at less than 5’ of depth and 4 at 5’ to 8’ of depth for this Task. J Utility contact correspondence as requested. P:\EI Camino RealiMS Word Flles\Scope FINAL 092805 doc 16 Exhibit “A” El Camino Real Widening Scope of Work September 28,2005 032 Final Plans, Specifications, & Estimates Submittals will occur at the 60%, 90%, and final (camera ready package) levels of progress. Plans will be done at 1” = 20’ and I” = 4’ scales. 32.1 Plans will include the following: Title Sheet General Notes and Legend Typical Section and Detail Sheet Roadway, driveway, median island and street improvement plans with curb, and center line profile shown where appropriate Details for maintenance and emergency vehicle access across median island included in street plans. Bus stop, concrete paving and landing (south of Chestnut Avenue intersection) included in street plans; shelter by others. Plan and profile for adjoining street improvements Offsite private improvements as required Grading limits on roadway plan Storm drain extensions to new alignment Retaining wall profile sheets Signing and striping plan Traffic signal modification design @ El Camino Real and Chestnut Traffic signal modification design @ El Camino Real and Tamarack Traffic signal interconnect notes will be included on the signal plans Required minor utility relocations (sewer/water only) Construction Staging Plans with associated traffic control (assume 3 stages) Median island hardscape, landscape, irrigation plans and associated details Erosion controVhydroseeding plans to address parkway and slope grading Cross section plots at 50’ stations - 1 ”=lo’( H), 1”=2’0/) 32.2 Prepare a bid schedule .and corresponding special provisions for the various items of work. Incorporate the Specifications and Bid Schedule into the City’s standard boiler plate specifications. The special provisions will be compiled using the Green Book Standard Specifications and the Carlsbad Municipal Water District Standards Specifications. 32.3 Prepare an engineer‘s opinion of cost (estimate) from the bid schedule. Note: The traffic signals at Tamarack and Chestnut are currently interconnected and it is assumed the interconnection would remain. J J J J J J 4 4 5 hardcopy sets of the plans and 3 copies of estimate at each submittal level. Each submittal will include: Full Size 24 x 36 1 set of half-size 11” x 17” at Final Submittal Mylars of the plans and electronic copies of all plans, specifications and estimate at the final level of submittal X-section plots at 60% and Final submittals All electronic submittals will be compatible with AutoCAD, Microsoft Word and Excel. 3 copies of specifications outline at 60%, full at 90% Special provisions/ technical specifications (one copy) printed with all edits and hidden text visible, second copy without hidden text at 90% submittal. P:EI Camtm RaanMS word Files\Smpe FINAL 092805.doc 17 Ex hi bi t El Camino Real Widening Scope of Work September 28,2005 033 Final Drainage Report 33.1 Consultant will prepare the WSPG analysis for the project basin in order to size the pipe and obtain hydraulic grade lines (HGLs) for the project. Consultant will revise the previous drainage report submitted as part of Phase I and submit a report addressing new facilities to be constructed as part of the street improvements. 33.2 Consultant will prepare the report in accordance with the requirements of the City of Carlsbad and include all calculations and computer printouts, a written summary of the methodology used and our findings and recommendations for the proposed drainage improvements. J 1 camera-ready copy of final hydrology & hydraulic study and 4 copies. 034 Right-of-way Engineering - Appraisal & Acquisition 34.1 Consultant will prepare the following in support of the right-of-way acquisition process: Color exhibit depicting: - Existing and proposed right-of-way and property boundaries - Shading or cross hatching of the right-of-way take areas of each parcel - Tabulation of the square footage ‘take areas” on a parcel by parcel basis listed by assessor parcel numbers and property owner of record a. Typical plan view and cross-section of the proposed street widening of El Camino Real 34.2 Legals & Plats 0 Consultant will prepare Legals and Plats to obtain right-of-way from the following parcels: - 207-180-08 - 207-180-09 - 207-180-10 - 207-180-12 0 Consultant will prepare Legals and Plats to obtain easements from the following parcels: - 167-230-24 - 167-230-25 34.3 Appraisal Services Consultant will provide the following Appraisal Services in support of the acquisition process for the above parcels: 0 Meet with each property owner during inspection of their property Research alternative land uses, establish highest and best for each property Research and confirm all comparable sales with appropriate sources 4 Color Exhibit 24 x 36” mounted on presentation board - 4 copies (not mounted) P:\EI Camino Real\MS Word Fi!eS\Scope FINAL 092805.doc 18 Exhibit “A” El Camino Real WSdening Scope of Work September 28,2005 034 Right-of-way Engineering - Appraisal & Acquisition (Con’t) 0 Analyze market data and develop opinions of the market value of the whole property 0 Develop opinions of value of the parts to be acquired (part take analysis) 0 Develop opinions of damages and benefits, if any, to the remainder (part takes) 0 Prepare appraisal reports consistent with Uniform Standards of Professional Appraisal Practices (USPAP) and California eminent domain law. - Note: Each of the properties is a separate legal parcel and will need to be appraised individually 34.4 Acquisition Services Consultant will perform the following Acquisition Services to acquire Right-of-way and Easement from the above parcels: Research and Documentation Preparation of offer letters Negotiation of offers Meetings and coordination with property owners and stakeholders Prepare escrow instructions and clearing of liens 035 Resident Engineers Report 35.1 Consultant will maintain a three ring binder throughout the duration of Phase II. The binder will include but not be limited to the following: 0 Pertinent correspondence between agencies and other decision making entities 0 Correspondencelcommunication with property owners 0 Meeting minutes 0 Design criteria 0 Decision makinglconsensus building activities 0 Engineering and quantity calculations 0 X-section plots 0 Half size plot (1 1” x 17”) of final plans 0 Photo log in power point format - Note: The intent of this document is to assemble, in executive summary style, the pertinent documents and criteria on an “on-going’’ basis during Phase II so that it can be readily accessible for future use. 4 2-3 ring binders at final submittal 4 Photo Log in Power Point format P:Ei Camino ReaRMS Wwd FilesEcope FINAL 092805.doc 19 Exhibit “A” El Camino Real Widening Scope of Work September 28,2005 PHASE IV - OPTIONAL SERVICES TASK TASK DESCRIPTION DELIVERABLES 040 Reconfiguration ChestnutlEl Camino Real Intersection 40.1 Consultant will perform the following field surveying to support the design for the reconfiguration of the intersection: 0 Intersection grid survey 0 0 Street cross sections of Chestnut and El Camino Real approximately 75 feet outside limits of grid survey Supplemental survey to locate and tie-out pertinent features (utility vauIts/meters, backflow preventer, etc.) that may be impacted by the new intersection geometry 40.2 Consultant will prepare reconfiguration alternatives for the west leg of the ChestnuVEl Camino Real intersection. Alternatives will address the following: Removal of the existing southbound to westbound “free” right turn island Eastbound to northbound left turn pocket Eastbound to southbound right turn lane Combination of one or two of the above 0 0 40.3 Consultant will present the above alternatives to the City in a “workshop” environment to reach consensus on a preferred configuration. 40.4 Final PS&E Upon selection of preferred alternative, Consultant will prepare Channel Repair (at Storm Drain Non-Discharge Locations) 41.1 Consultant will perform HEC-RAS modeling of the existing earthen channel that parallels the easterly side of El Camino Real HEC-RAS modeling will be run for up to 3 different channel 41.2 Consultant will prepare up to 3 alternatives for the channel repairs in those areas where continued channel erosion will result in loss of the roadway. Channel alternatives may include: plans, specifications and estimate. 041 alternatives outlined below. 0 0 Channel realignment 0 Combinations of the above Varying channel geometry (Le. different bottom and top widths) Stabilize channel invert (i.e. check dams, low-flow channel, etc.) Varying side slope protection (i.e. rip rap, armorflex, etc.) 41.3 Consultant will provide cost estimates of each alternative. 41.4 Consultant will present the above alternatives to the City in a “workshop” environment to reach consensus on a preferred channel repair project. Plot of grid survey Electronic file and plot of all data points Electronic base map 1”=20’ scale with 1 foot contours 1”=20’ horizontal (only) colored plot of each alternative Pro/Con outline of each alternative Memo recommending preferred intersection configuration 60%, 90% and Final PS&E incorporated into project documents. HEC-RAS preliminary results in letter report Final HEC-RAS model included in Phase II Drainage Report 1”=20’ , 1’ = 2’ (v) plan and profile concept drawings of each alternative (approximately 30% design) Bed sheet format Itemized cost estimate in spreadsheet format Memo with technical appendix recommending preferred channel improvements P:\EI Camino Real\MS Word Files\Scope FINAL 092805.doc 20 Ex hi bi t “A” El Camino Real Widening Scope of Work September 28,2005 41.5 Final Channel PS & E 0 Upon selection of the desired channel improvements, consultant will prepare plans, specifications and cost estimates to be incorporated into the project construction documents. J 60%, 90% and Final PS&E incorporated into project documents. I 042 Right of Entry I Relinquish Access Rights 42.1 Consultant will research the following parcels to determine if they have legal access to El Camino Real. 0 APN 207-063-24 (White) 0 0 APN 207-063-25 (Madrid) 0 APN 207-090-20 (Hall Family) APN 207-063-31 (Horeien Shigeko Trust) If the above parcels have legal access, Consultant will assist the City in obtaining relinquishment of access to El Camino Real. 42.2 Appraisal Services Consultant will perform similar service as outlined in Task 26.4 but for the above 4 parcels. 42.3 Acquisition Services Services performed in Task 26.4 42.4 Obtaining Right of Way to construct the road widening is not anticipated from the above parcels. However, Consultant will obtain a Right-of-Entry in order to perform grading and incidental construction activities associated with the physical road widening construction. 043 Structural Wall Design Consultant will perform structural calculations and prepare construction drawings for the following: 43.1 Approximately 500 lineal feet of a tie-back or soil nail wall system with a sculptured facial treatment that matches the “natural” look of the existing corridor. 0 The location of this wall is planned along APN’s 167-220-24 and 25 and may range in height from 20 to 30 feet. 43.2 Approximately 800 lineal feet of a a tie-back or soil nail wall system with a facial treatment that matches the character of the corridor. 0 The location of this wall is planned along APN’s 207-180-08, 09, 10, 12 and 207-063-24 and may range in height from 15 to 20 feet. J Memo advising of access issue. J Legal document to relinquish Right-of- Way. J Right-of-Entry permission. J Preliminary Concept Plan J Memo recommending Final Facial treatment J 60%, 90% and Final PS&E incorporated into project documents. P\EI Camino RefiRMS Wd FilesEcope FINAL 092805.doc 21 Table 1 El Carnino Real Widening Scope of Work September 28,2005 099 Reimbursable Expenses 99.1 Reimbursable expenses will include but not be limited to: Reproduction of plans, calculations, reports and duplication of other technical support documents. Expenses incurred to prepare conceptual and final plans associated with plotting of plans for milestone submittals and quality assurance review. Mileage Mailing 0 0 Plotting and associated materials Communication Fee (Fax, Cell phone, etc.) Copying of research material, delivery, shipping/mailing, etc. - Note: See Table 4 - Schedule of Charges for additional information 4 Copy of receipts and printing log with each invoice P:\EI Carnino RaaRMS word Filas\Scopa FINAL 092805.doc 22 Table 2 El Camino Real Widening Assumptions / Exclusions September 28,2005 Assumptions The following assumptions have been made in preparing the Scope of Work included herein: 1. The City of Carlsbad is the "lead agency" for contact administration and coordination. 2. The City of Carlsbad will provide and/or complete the following: a. Right-of-entry permits b. All Agency permit fees c. Existing "As-Built" Record information d. SUP - Special Use permit e. HDP - Hillside Development Permit f. HMP - "Take Permit" - Habitat Management Plan g. Title Reports for private property h. Prepare, print, publish, and/or mail as appropriate all required CEQA notices i. Notice of Termination (NOT) for SWPPP j. 24-hour machine counts for intersections within the project area 3. There is no federal funding and therefore there are no NEPA documentation requirements. 4. A MND will be determined to be the appropriate CEQA document. 5. It is assumed that no federally- or state-listed species will be detected and no federal or state Endangered Species Act Permitting is required. 6. City will provide standard sheet borders and format for final plans in electronic format. 7. The City will finalize the environmental approval for the project. 8. City will provide aerial topographic mapping in electronic AutoCAD format and survey control network. 9. The Bureau VeritaslBerryman & Henigar enclosed fee proposal is based on the duration depicted in the enclosed schedule. Any change in the project duration will initiate discussions for fee adjustments, particularly in the task associated with project management and coordination. I Exclusions The following items are not included in the Scope of Work; but can be provided by BUREAU VERITASIBenyman & Henigar, if desired by the City: 1. Consensus building with property owners. 2. NPDES permitting efforts (Bureau VeritadBerryman & Henigar will provide City with the required NO1 application for city signature and processing). 3. Training and update /revision to the SWPPP during construction. 4. Permit from San Diego County Department of Environmental Health for geotechnical borings that exceed 20 feet in depth. Should the need for a permit be necessary (unexpected ground water) a change order detailing the specific cost and time will be submitted. 5. Cost estimates for dry utility relocation (gas, electric, phone, etc.) will be provided by others. 6. Field work for WQTR will not be conducted to determine downstream erosion potential. 7. Preparation of construction documents for special retaining wall systems. 8. Bid and Construction Support Activities (Bid evaluation, RFC's, RFl's, shop drawing review, 'as- builts', etc. P:\EI Carnino Real\MS Word Files\Scope FINAL 092805.doc 23 Table 3 El Camino Real Widening Fee Summary by Task City of Carlsbad September 28,2005 Phase 1: Feasibility / Alternative Study Task: DescriDtion: Fee: 001 Project Management & Coordination $25,030 002 Research, Reconnaissance and Data Collection $5,820 003 Field Surveying & Base Mapping $38,780 004 Traffic Study $7,625 005 Geotech Field Invest. & Pavement Anal. $32,280 006 Permits for Geotechnical Investigation $4,456 007 Prelim Hydrology/Hydraulics Study $1 3,890 008 Alternative / Feasibility Study (30% Design) $26,705 009 Environmental Technical Studies $1 9,700 01 0 Water Quality Technical Report (WQTR) $1 0,970 01 1 Alianment & Feasibilitv ReDort $9.21 8 Total for Phase I: $194,474 Phase 2: Task: DescriDtion: Fee: 020 Environmental Document (MND) $27,622 021 Visual Simulations $1 0,217 022 Regulatory Permits (ACOE, CDFG, RWQCB) $41,009 023 SWPPP $8.210 Total for Phase 2: $87,058 Environmental Document and Permits Phase 3: Final Design Services Task: DescriDtion: Fee: 030 Project Management & Coordination $28,450 031 Utility Coordination $41,715 032 $220,03 1 033 Final Drainage Report $14,450 034 Right of Way Engineering $52,885 Plans, Specs & Estimate (60%, 90% and Final) 035 Resident Enaineer’s Reiort $3.570 Total for Phase 3: $361,101 Phase 4: Optional Services Task: Description: Fee: 040 Reconfiguration ChestnutlEl Camino Real Intersection $23,820 041 Channel Repair $52,900 042 Right of Entry/Relinquish Access Rights $14,345 043 Structural Wall Desian $42.910 $1 33,975 Total for Phase 4: Reimbursables: 099 Reimbursables $5,093 P:EI Camlno ReaRMS Word Filesbpe FINAL 092805.doc 24 Table 4 El Camino Real Widening Schedule of Charges (Standard Rates) City of Carlsbad September 28,2005 Senior Principal Principal Engineer Schedule of Charges - Sain Diego Office January 3,2005 through December 31,2005 $225 $1 75 Billing Title Hourly Billing Rates Billing Title Hourly Billing Rates Associate $145 Sr. Engineer $1 35 , EngineerV $1 30 Enoineer IV $120 Engineer II $95 Professional Reimbursement The hourly billing rates include the cost of salaries of the B&H employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1-1/2 times salary, as per state and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Communication Fee: Project Labor Times 3.0% which includes telecommunications, faxes, standard U.S. Mail, mobile phones, and internet access and hardware. Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus fifteen percent for items such as: a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. b. Subconsultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for employee-owned vehicles used in connection with the work will be at the rate of $0.50 per mile. Other in-house charges for prints, reproductions and equipment use, etc. will be at standard company rates. The foregoing Schedule of Charges Is incorporated into the agreement for the services provided, effective January 3,2005 through December 31,2005, and will be adjusted thereafter. P\EI Carnino ReaRMS Word FilesEmpe FINAL 092805.doc 25