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
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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
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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.
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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.
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10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional 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.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all 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.
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Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and 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.
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20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to 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.
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23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county .
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms an
CONTRACTOR
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
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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
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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