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Nolte Associates Inc; 2008-12-05; PWENG644
PWENG644 AMENDMENT NO. 1 TO AGREEMENT FOR CONSTRUCTION PHASE ENGINEERING SERVICES (NOLTE ASSOCIATES, INCORPORATED) Amendment No. 1 is entered into and effective as of the //** day of 2010, amending the agreement dated December 5, 2008 (the "Agreement"SC% and between the City of Carlsbad, a municipal corporation, ("City"), and Nolte Associates, Incorporated, a California corporation ("Contractor") (collectively, the "Parties") for construction phase engineering services for the reconstruction of the Encinas Creek Bridge, City of Carlsbad Project Number 3919, hereafter the "Project." RECITALS A. The Parties desire to alter the Agreement's scope of work to include construction phase engineering services; 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 one hundred seventeen thousand three hundred sixty two dollars ($117,362). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by December 5, 2011 or as may be extended by written agreement between the Parties. 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 NOLTE AND ASSOCIATES, a California corp/ (sign here) / /\ (print name/title) (e-mail address) J Lieb V ' f f (printTiame/title) g>/fa/4 (e-rflairaddress) CITY OF^CAfSLSBAD, a municipal corporamc By: "Cily 'MftlVfigiifror'Maybr ATTEST: liQRRAI City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. TJeputy City Attorney City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On fffel/O I [fete personally appeared before me, \\PjM\WHere Insert Name and Title of the Officer Jr. 0/Vl Name(s) of Signer(s \JULJPW(_) HEATHER HARRIS f Commis»ion* 1810543 f Notary Public - California I Sacramento County * jjy_Comm. EiqMftt AIM 22.2012m who 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Place Notary Seal Above WITNESS my hand and official seal. Signature.Signature ot Notary Public 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 reatiachment of this form to another document. Description of Attached Document Title or Type of Document:, C-Document Date: 62 - g^ci2Q/D __ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I I Individual ^Corporate Officer — Ti D Partner — G Limited _i General n Attorney in Fact Trustee Q Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name:_ D Individual EfCorporate Officer — Title(s): D Partner — D Limited LJ General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• vwvw.NationalNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827 Las Encinas Creek Bridge Fee Proposal ,_._._.._. CADD Associate Engineering 2-PersonLas Encinas Creek Bridge Replacement Techl Enfjineer Mgngger Survey QDC CONSTRUCTION SERVICES SCOPE/TASKS $105 I $165 $ Meetina Attendance Pre-Construction Meeting : Meeting to Discuss Requirements of PCQCP Site Meetings (Total 8) SUBTOTAL 0 0 Submittal Reviews L Review & Approve the PCQCP Review & Approve Change Orders (Max. of 4) Review PC Concrete Qualification Audit Form Review QC Inspector's Daily Logs at the Precasting Facility Review Proposed Repair or Process Changes if Precasting Problems or Deficiencies are discovered Review & Approve Shoring Plans & Coordinate w/ EWA ; 36 Review & Approve Concrete Mix Designs ' 24 Review & Approve Contractor's Dewatering & Discharge Plan (DDP) i Submit DDP to RWQCB for Review & Comment ! Review & Approve Plan for Delivery, Placement, Finishing, and Curing of the Colored Concrete Review & Approve Colored Concrete Test Panel (@ Plant?) ! Review & Document All Certificates of Compliance I : Review & Approve Railing Shop Drawings SUBTOTAL 0 60 Miscellaneous items Review & Analyze Problems & Provide Solutions 60 Receive/Review Contractor's Red Lines & Prepare As-Builts 32 Submit Final As-Built Plans to Caltrans & City : 4 SUBTOTAL 36 60 199 | $240 TOTALS 4j 25 $821 _4| __" "~ ''_ '__'_ 25 _$821 32J . 200 $6,568 40 0 $250 $8,210 24j : $4,776 32^ ; $6,368_ 2 __ ' $398 8 ; $1,592 4" ! ; $796 8 "• 7 $7,5.32 " $3,960 4 "_" ' "$796 2 ; $398 2 ' " " $3988 ; 100 $1,692 8, $1,592 4 i I $796 106 0 $100 $31,094 40 ; $17,860 4 ! ""'"";" $4,156 1, : : $619 45 0 $0 $22,635 Project Manaaement & Coordination Miscellaneous Correspondences & Coordination with Agencies, Environmental Consultant, & Contractor Close-Out Project 8 8 SUBTOTAL 8 8 CCC CONDITIONS OF APPROVAL Long-Term Monitoring Program - 5 Years Max.: Establish a 2nd Order Horizontal & Vertical Control 6 Survey Proposed Revetment Upon Completion of Placement Survey Revetment on April 1 of every year thereafter for 4 years 24 Note any changes/deviations & potential impacts 24 Provide Recommendations for Modifications to ensure continued Functionality 36 24 Prepare & Submit Report to CCC by April 30 every year As-Built Plans Prepare Certification for Submittal to CCC w/ As-Built Plans per Special Condition 5 of CDP #6-09-051 SUBTOTAL 36 78 PROJECT TOTAL W/OUT CCC CONDITIONS 44 1 28 PROJECT TOTAL W/ IMPLEMENTATION OF CCC CONDITIONS 8f) 2flfi 40 300 : $8,260 16 $5,344 56 0 $300 $13,604 $0 2 16 $5,228 1 6 $1,639 24 $9,720 12 $6,348 12 $10,128 40 $7,960 $0 4 $796 71 46 $0 $41,819 247 0 $650 $75,543 318 46! $650 $117,362 G:\10BDSCLPA\Proposals\City of Carlsbad\Encinas Creek Bridge\Construction Phase ServiceslFee Estimate_10-30-2009.xls 3 AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE ENCINAS CREEK BRIDGE PROJECT NOLTE ASSOCIATES, INCORPORATED THIS AGREEMENT is made and entered into as of the \O day of , 2008, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and NOLTE ASSOCIATES, INCORPORATED, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a professional engineering design firm that is experienced in bridge evaluation and design. B. Contractor has the necessary experience in providing professional services and advice related to the replacement of the Encinas Creek Bridge Project, hereafter the "Project." C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not to exceed fifty thousand dollars ($50,000) per Agreement year. 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. City Attorney Approved Version #11.28.06 7 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred eighteen thousand one hundred twenty-nine dollars ($218,129). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Incremental payments shall be made on a monthly basis as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #11.28.06 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverages 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 Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #11.28.06 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 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #11.28.06 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name: Robert T. Johnson, Jr. Title: City Engineer Department: Public Works City of Carlsbad Address: 1635 Faraday Avenue Carlsbad, CA 92008 Phone No.: 760-602-2720 For Contractor: Name: Jack L. Abcarius Title: Director of Transportation And Structures Address: 15070 Avenue of Sciences Suite 100 San Diego, CA 92128 Phone No.: 858-385-0500 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #11.28.06 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #11.28.06 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #11.28.06 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #11.28.06 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR NOLTE ASSOCIATES, INCORPORATED, a ATTEST: • Mayor r(sign here) 6/J/Lut TT. (print name/title) ARLSBAD, a oftfieSJfeteo INE M. WO' /City Clergy CPO (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, 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:_ ieputy City Attorney City Attorney Approved Version #11.28.06 NOLTE October 22, 2008 BEYOND ENGINEERING EXHIBIT "A" SCOPE OF WORK TASK 1 - REVIEW H&H REPORT (2 DAYS) Under this task Nolte will review the Drainage Master Plan Update prepared by Brown & Caldwell to determine the reasonableness of the 100-year peak discharge calculated for Encinas Creek. Our hydrology and hydraulic engineer will contact Brown and Caldwell to discuss and resolve any outstanding issues. This task will culminate in the determination of the appropriate 100-year design discharge at the bridge crossing. This flow value will be used to determine the proper opening size for both a box culvert and a pre-fabricated arch system for the final design. TASK 2 - COMPARATIVE STUDY: Box CULVERT vs. PRECAST ARCH (4 DAYS*) Concurrently with Task 1, Nolte will perform a study comparing the use of a box culvert versus a pre-fabricated precast arch system. This comparison will be made using the 100-year peak discharge determined from Task 1. The analysis will be done by taking into consideration the following factors: •^ No. of cells needed to convey the Qioo flows for a box vs. pre-fabricated arch •^ Hydraulic characteristics of box vs. pre-fabricated arch •^ Potential scour associated with each alternative "F Construction time schedule "^ Construction cost The deliverables for this task will be: 1. Result of our study in letter format * Indicates that Task 2 may be started at the same time as Task 1. TASK 3 - SURVEYING SERVICES (30 WORKING DAYS*) 1. RESEARCH: We will perform document and mapping research. Copies of Highway Maps, Records of Surveys, Subdivision Maps will be used to perform property retracement. Bench Marks and Horizontal Control point research will be performed and will be used to control the project surveying. We will also secure and submit to the City a current preliminary title report of the affected real property (area within State Park Property only). We will also prepare and submit to the City a current property ownership list along with a boundary map of all property ownerships surrounding the bridge structure for a distance of 1000 ft. This assumes a strip of land 200 ft. wide x 1000 ft. long centered on die existing Carlsbad Boulevard. This information will be obtained from assessor parcel information. Easement data and locations will be obtained from tide reports. If required, easement tables and locations can be obtained and plotted but shall be considered reimbursable. Should (o Encinas Creek Bridge Scope of Work Page 2 of 7 additional tide reports be required, the additional title reports shall be considered a reimbursable expense. 2. HORIZONTAL AND VERTICAL CONTROL SURVEYING: Using Trimble dual frequency GPS receivers, the Nolte Team will conduct a GPS Control survey to position project working points and to locate aerial targets. 3rd Order project control positions will be established using predominately RTK methods. 3. TOPOGRAPHIC SURVEYING AND MAPPING We understand that aerial topographic mapping exists and that Nolte will receive the survey along with the horizontal and vertical survey control used for that topographic map. We will investigate the horizontal and vertical datum so that any further work accurately compares with existing surveying. In addition to the existing mapping, Nolte will provide conventional topographic mapping and road cross sections — along with specific bridge locations and elevations over an approximate 100 ft. x 500 ft. strip. The area to be surveyed shall be centered on the center of the roadway and shall cover approximately 250 feet, north and south and approximately 50 feet, east and west of the bridge. As part of the specific area survey, invert elevations directly upstream and downstream of the bridge will be shot and recorded at the ends of the wingwalls and at the edge of deck. 4. RIGHT OF WAY AND PARCEL SURVEYING AND MAPPING A sufficient number of key monuments will be recovered and surveyed to allow for preparation of the right of way and property line mapping. Using the data recovered and adjusted, we will use accepted legal principals in analyzing the field evidence collected and comparing it with record map and deed information in order to resolve and determine the location of all pertinent boundary lines and street right of way lines. *Task 3 can start upon Notice to Proceed from the City. This time does not include any information contingent upon receiving a title report. TASK 4 - FOUNDATION INVESTIGATIONS (25 WORKING DAYS* w/ NO WEATHER DELAYS) It is our understanding that the City has closed off the westerly lane to traffic, although pedestrian access is still open. Therefore, our geotechnical subconsultant has assumed that a traffic control plan may be required for their investigation which will be limited to two deep borings along the westerly lane approximately 50 feet apart and centered about the creek centerline. An encroachment permit may also be needed from the City. This task will consist of the following items of work: 1. Review pertinent reference documents regarding geotechnical conditions at the site. 2. Coordinate with Underground Service Alert to check for potential utility conflicts. 3. Advance two hollow-stem auger borings, one at each abutment, with a target depdi of 50 feet (or to practical refusal) to obtain soil samples to provide geotechnical design parameters for the bearing capacity and seismic analysis of the site materials. 4. Perform a seismic hazard assessment and select the soil profile type for the site in accordance with Section 6 and Appendix B of the Caltrans Bridge Manual, August 2007. 5. Perform laboratory testing and data analysis. Testing shall include, at a minimum, direct shear, soil corrosivity (resistivity, pH, and chloride), soluble sulfate, and gradation testing. Encinas Creek Bridge Scope of Work Page 3 of 7 6. Prepare a draft foundation report providing the design parameters for the proposed structure. The draft foundation report will be reviewed by both Nolte staff and City staff. 7. Respond to comments from City staff and Nolte designers appropriately. 8. Prepare a final report incorporating the responses to comments as applicable. * Task 4 can start upon Notice to Proceed from the City. TASK 5 - BRIDGE HYDRAULIC & SCOUR ANALYSIS (5 DAYS*;> Nolte will use the City-provided topographic mapping with one-foot contour data to create a proposed conditions hydraulic model to determine the effects on water surface elevations upstream and downstream of the bridge. Nolte will use the 100-year peak discharge determined in Task 1 for the hydraulic model. Data (piers, abutments, road deck, soffit elevation) pertaining to the proposed bridge will be incorporated into the hydraulic model. The scour analysis includes the evaluation and selection of appropriate scour relationships for the analyses, and review of bridge foundation geotechnical report. Calculations relative to local and contraction scour will be made in addition to an estimate for long-term degradation. Sensitivity analyses will be performed on the proposed conditions model to determine impacts of different downstream boundary conditions and multiple flood profiles to determine the worst-case velocities to be used in the scour analysis. Results from these HEC-RAS hydraulic analyses will be used for the scour calculations. Equations from the Hydraulic Engineering Circular No. 18 (May 2001) published by the Federal Highway Administration will be used for these scour calculations. This work also includes the evaluation, recommendation, and hydraulic analysis of scour countermeasures. A sediment transport model will not be done as part of this scope. A schematic will be provided to the structural engineer that shows the type of, and dimensions/extent of the recommended scour countermeasures. A hydraulic report will be done to summarize the findings of our analyses for both water surface elevations and potential scour. *Task f is contingent upon the completion of Tasks 3 and 4. TASK 6 - CONCEPT DESIGN (4 DAYS*) This task shall consist of preparing a preliminary layout of the Bridge General Plan, a preliminary detour plan, and a preliminary construction cost estimate. This concept design shall be used during our early meetings with City staff and coordination meetings with ED AW. *From determination ojthe Qiao for appropriate siting of the openings). TASK 7 - BRIDGE AND ROADWAY APPROACH DESIGN (2-3 WEEKS*) Based on the outcome of Tasks 1 and 2 above, Nolte will provide plans for either a box culvert or a pre-fabricated arch system capable of carrying the standard highway loads in accordance with AASHTO and Caltrans Bridge Design Specifications. If a box culvert is selected, a special design will be required due to the highly corrosive environment. Therefore, our cost proposal for Task 7 will be separated between 7A (Box Culvert option), and 7B (Pre-fabricated arch option). Our level of effort for 7A will be to perform a design, and an independent check, as well as prepare the appropriate plan details. Alternatively, if the precast arch is selected, our level of effort for Task 7B will be limited to providing and incorporating the appropriate details since the design will be provided by the bridge manufacturer. For the purposes of this proposal, we are assuming that the Encinas Creek Bridge Scope of Work Page 4 of 7 roadway profile grade will be slightly raised (max. of 3 feet) to allow passage of a higher flow discharge, if necessary. This increase in profile grade will necessitate transitioning the roadway approximately 60 feet each end of the bridge, assuming a 2% grade. We anticipate the following deliverables: 1. Tide Sheet 2. Typical Sections 3. Plan and Profile 4. General Plan 5. Foundation Plan 6. Bridge Typical Section 7. Elevations 8. Miscellaneous Details — 1 9. Miscellaneous Details - 2 10. Concrete Barrier Type 80 SW sheet 1 of 3 11. Concrete Barrier Type 80 SW sheet 2 of 3 12. Concrete Barrier Type 80 SW sheet 3 of 3 * After Task 5 is completed. TASK 8 - TRAFFIC CONTROL PLAN / DETOUR (10 DAYS*) This task shall be limited to providing a plan for the detour to allow complete closure of southbound Carlsbad Boulevard between Solamar Drive to the north, and Island Way to the south. We anticipate having to route southbound Carlsbad Boulevard traffic to eastbound Palomar Airport Road, onto southbound Avenida Encinas, to westbound Poinsettia Lane, and then back to southbound Carlsbad Boulevard. Access between Palomar Airport Road and Solamar Drive and, between Poinsettia Lane and Island Way will be allowed only for local residents and for construction equipment. This proposal assumes that no signs will be placed on 1-5, and therefore, no coordination with Caltrans will be required. We anticipate that a maximum of three (3) sheets will be required under this task. * Will be completed during Task 7. TASK 9 - STORM WATER POLLUTION PREVENTION PLAN (5 DAYS*) Nolle will prepare a Storm Water Pollution Prevention Plan (SWPPP) with input from the City that will be part of the bid package for this project, and ultimately, retained at the construction site. The SWPPP has two major objectives: (1) to help identify the sources of sediment and other pollutants that affect the quality of storm water discharges and (2) to describe and ensure the implementation of practices to reduce sediment and other pollutants in storm water discharges. The SWPPP will include Best Management Practices (BMPs) that address source reduction (erosion) and BMPs that mitigate migration (sedimentation). A Water Pollution Control Plan will be completed and incorporated into the SWPPP documents. A monitoring program will also be prepared as part of the SWPPP. The monitoring program will describe the contractor's duties in conducting inspections of the construction site prior to anticipated storm events and after actual storm events. Our fee includes one meeting with the contractor to review the SWPPP and to answer any questions. Nolle will use the Improvement and/or Grading Plans from the proposed bridge and road improvements to complete the Water Pollution Control Plan. The Water Pollution Control Plan Encinas Creek Bridge Scope of Work Page 5 of 7 illustrates the temporary mechanical measures (i.e., sandbags, hay bales, silt fences) to be implemented during the construction phasing. Other sediment control practices that could be implemented include stabilized construction entrances, materials storage areas, and concrete washouts. Nolte will need to gather information about the proposed site like the owner's and contractor's contact information, and responsible parties for SWPPP implementation. All of this information will be submitted with the Notice of Intent (NOI). Our fee includes addressing three rounds of plan check comments from the City of Carlsbad. Notice of Intent The owner of the land where the construction activity occurs is responsible for obtaining coverage under the State general permit by filing a Notice of Intent (NOI). Nolte will work with the contractor/owner to prepare and file an NOI with the State Water Resource Control Board (SWRCB). The current annual fee for this general permit is based on the approximate project acreage. The annual fee is not included in our cost proposal. It is anticipated that the City or selected contractor will pay this fee. * After Task 7 is completed. TASK 10 - QUANTITIES (5 DAYS*) Under this task, quantities for each item of work will be calculated and independently checked for accuracy and completeness. Quantities will then be compared, and any discrepancies will be resolved in accordance with acceptable tolerances. A summary sheet of all the quantities will be prepared with unit costs based on the latest Caltrans cost data book entries. The deliverables for this task are: 1. Quantity Summary sheets in Microsoft Excel format 2. Construction Cost Estimate in Microsoft Excel format * Contingent upon the completion of Task 7. TASK 11 - PROTECT SPECIFICATIONS (4 DAYS*) Nolte will prepare the technical specifications for this project in accordance with Caltrans Standard Specifications and Standard Special Provisions, and in association with the bridge manufacturer if applicable. Nolte staff will download, compile, and edit all the appropriate special provisions for the project. Nolte will incorporate the technical specifications to the front end boiler plate provided by the City. The deliverable for this task will be: 1. One set of project specifications in Microsoft Word format. * Contingent upon the completion of Task 7. TASK 12 - MEETINGS Due to the urgency of this project and its aggressive schedule, we are assuming that progress meetings will occur on a bi-weekly basis. With a total 12-week schedule, we will have 6 progress meetings plus 4 anticipated coordination meetings with City staff and the environmental consultant. For the purposes of this proposal, any additional meetings beyond the stated ones can be handled as "Additional Services". Encinas Creek Bridge Scope of Work Page 6 of 7 TASK 13 - PROTECT MANAGEMENT From the inception of the project, management services will be provided for control, coordination, and administration of the work. Key elements of Nolte's management plan include: •S Use of Action Item Checklists •/ Weekly internal status reporting ^ Regularly scheduled reporting and progress meetings with the Client As your Project Manager, I will be the direct interface between the design team, the City, and other involved parties. As such, my responsibilities will be as follows: */ Serve as primary City contact with authority to render decisions on behalf of the team ^ Coordinate and direct the activities of the project team J Monitor and control the project schedule and budget •S Prepare progress reports S Conduct progress and coordination meetings S Prepare meeting agendas and minutes S Maintain quality assurance S Prepare project correspondence •S Maintain project files S Prepare, review, and submit invoices in an acceptable format to the City •S Ensure that the contractual and technical requirements of the project are fulfilled TASK 14 - REIMBURSABLES A not-to-exceed amount of 11,500 to cover the expenses of other direct costs such as blueprints, reproductions, mileage, and other, will be added as a line item to our invoice, if appropriate. TASK 15 - CONSTRUCTION SUPPORT SERVICES The Nolte team will attend the pre-bid meeting and the pre-construction conference, and will respond to questions regarding the design and specifications during these two meetings. In addition, we will provide the following support services as necessary: 1. Respond to Contractor's Requests For Information 2. Review and approve Contractor's submittals 3. Review and approve Change Orders 4. Prepare additional details if necessary 5. Review and approve concrete mix designs 6. Prepare As-Built drawings TASK 16 - BRIDGE INSPECTION Based on our meeting with City staff on Tuesday, February 26, 2008 we understand that Nolte will be responsible for performing routine maintenance inspections at six months intervals for two years from the date we receive an executed contract. For safety reasons, two bridge engineers will go to the site and perform a thorough visual inspection to determine the structural condition of the structure. Any changes from the original structural assessment report performed in August 2005 will Encinas Creek Bridge Scope of Work Page 7 of 7 be carefully assessed and documented in our inspection reports. Any significant changes that might be cause for alarm will be quickly evaluated, and recommendations for immediate action wiU be presented to the City for implementation. A total of four site investigations and reports have been assumed for this scope of work. Additional investigations, if requested by the City, will be handled as "Additional Services". ADDITIONAL SERVICES A 20% contingency fee has been added to our cost proposal to cover unanticipated or additional services that may be required by the client during the course of this contract. These services may be: •S Additional Meetings ^ Additional Investigations S Design and details for architectural renderings ^ Other CONSULTANT FEE We propose to perform all of the above services on a Time and Materials basis with a Not-to- Exceed amount of Two Hundred Eighteen Thousand One Hundred and Twenty Nine dollars ($218,129) with Task 7A, and One Hundred Ninety Two Thousand Nine Hundred and Fifty Three dollars ($192,953) with Task 7B. Both of these amounts include a 20% contingency for "Additional Services". A detailed Cost Proposal spreadsheet has been attached for your review and approval. Nolle is excited about starting this challenging project and completing it successfully. Please call me at 858.385.2128 (direct line) or 858.705.2430 (cellular) if you have any questions concerning our proposal, or need additional information. Respectfully submitted, NCLTE ASSOCIATES, INC. Jack L. Abcarius, P.E. Engineering Manager COPY Las Encinas Creek Bridge Fee Proposal Las Encinas Creek Bridge Replacement SCOPE/TASKS Task 1 - Review H&H Report Review Drainage Master Plan Determine Appropriate 100-year Design Discharge Coordinate w/ Brown & Caldwell SUBTOTAL Task 2 - Comparative Study Compare Box Culvert vs. Pre-Fabricated Arch Coordinate with Pre-Fab Manufacturer Prepare Letter Report SUBTOTAL Task 3 - Survevinq and Mapping Research and Record Calculations Horizontal & Vertical Control Conventional Topo Survey and Base Map Right-of-Way and Boundary Title Report SUBTOTAL Task 4 - Geotechnical Investiqations Encroachment Permit & Traffic Control Plan Field Explorations Laboratory Testing and Analysis Prepare Foundation Report Prepare Final Foundation Report SUBTOTAL Task 5 - Bridge Hydraulic & Scour Analysis Create & Perform Proposed Condition Model Perform Scour Calculations Prepare Technical Memorandum of Results QA/QC Respond to Comments SUBTOTAL CADD Tech.l $105 0 0 24 24 0 0 Assistant Engineer $145 0 0 0 0 0 Associate Engineer $165 4 2 6 0 2 2 2 6 0 24 12 8 8 52 Senior Engineer $176 0 24 4 28 0 4 4 0 Engineering Manager $199 4 1 4 9 4 4 1 9 8 8 2 18 2 2 2 2 2 4 4 14 2-Person Survey $240 0 0 6 8 24 38 0 0 ODC $0 $0 750 $750 $0 $0 Subs $0 $0 $0 1900 8940 1400 3320 3080 $18,640 $0 TOTALS $1,456 $529 $796 $2,781 $5,020 $796 $903 $6,719 $1,592 $1,770 $4,770 $7,682 $1,148 $16,962 $2,090 $9,834 $1,540 $4,754 $3,388 $21,606 $4,358 $2,378 $1,718 $796 $2,116 $11,366 G:\08BDSCLPA\Proposals\City of Carlsbad\Encinas Creek Bridge\Encinas Creek-Fee Estimatel10-22-2008.xls Las Encinas Creek Bridge Fee Proposal Las Encinas Creek Bridge Replacement SCOPE/TASKS Task 6 - Concept Desiqn Preliminary Bridge General Plan Preliminary Detour Plan Preliminary Cost Estimate SUBTOTAL Task 7 A - Box Culvert & Roadwav Approach Desian Box Culvert Design Roadway Plans Box Culvert Plans SUBTOTAL Task 7B - Pre-Fab Arch & Roadway Plans ; Roadway Pl^ns : >Y ; Pre-Fab Arcn, Plans' ; ' : : , , < 1 - >, Coordinate iwith Manufacturer •' t ' i :.•:- ' -: • i', -l-.: ! '• SUBTOTAL Task 8 - Traffic Control / Detour Plan Traffic Handling / Detour Plan sheets SUBTOTAL Task 9 - Storm Water Pollution Prevention Plan Create SWPPP Document Create Water Pollution Control Plan QA/QC Respond to Comments SUBTOTAL Task 10 - Quantities Prepare and Check Quantities & Summary Sheets Prepare Marginal Estimate SUBTOTAL Task 11 - Project Specifications Prepare Item List Download, Assemble, & Edit Specifications SUBTOTAL CADD Tech.l $105 16 8 24 120 120 : 12 12 60 60 0 0 0 Assistant Engineer $145 0 0 } k ' "> , 0 0 20 12 8 40 40 40 0 Associate Engineer $165 0 60 24 84 ! 24 f , '••'*,. 24 0 0 40 40 4 4 Senior Engineer $176 8 12 4 24 12 12 -• '* 12 - f 6 "'•MS 40 40 0 8 8 0 Engineering Manager $199 2 2 2 6 2 2 8 12 2 ' '!: 2 ', 4 8 12 12 2 2 4 2 10 2 2 36 36 2-Person Survey $240 0 0 : 0 0 0 0 0 ODC $0 $0 '; t! ; $o $0 $0 $0 $0 SuJbs $0 $0 •!$0 $0 $0 $0 $0 TOTALS $3,486 $3,350 $1,102 $7,938 $10,298 | $6,470 $14,192 $30,960 * '-^ ' , $6,470 t; $2,714 i ,,.$78ei $9,980 $15,728 $15,728 $3,298 $2,138 $796 $1,558 $7,790 $12,400 $1,806 $14,206 $660 $7,164 $7,824 G:\08BDSCLPA\Proposals\City of Carlsbad\Encinas Creek Bridge\Encinas Creek-Fee Estimate210-22-2008.xls Las Encinas Creek Bridge Fee Proposal Las Encinas Creek Bridge Replacement SCOPE/TASKS Task 12 -Meetings Progress Meetings (6 Meetings @ 2 hrs each) Meetings with City & EDAW (4 @ 2 hrs each) SUBTOTAL Task 13 - Project Management Management (12 weeks @ 2.5 hrs/wk) SUBTOTAL Task 14 - Reimbursables Other Direct Costs SUBTOTAL Task 15 - Construction Support Services Attend Pre-Bid Meeting Attend Pre-Construction Meeting Prepare Meeting Minutes Assist in Preparation of Addenda Respond to RFIs Attend City Council Meeting Review and Approve Shop Drawing Submittals Review and Approve Concrete Mix Design Prepare As-Built Drawings SUBTOTAL Task 16 - Bridge Inspections Thorough Visual Inspections (Total of 4) Document Findings in Inspection Report SUBTOTAL PROJECT TOTAL with Task 7A PROJECT TOTAL with Task 7A + 20% Contingency PROJECT TOTAL with Task 7B PROJECT TOTAL with Task 7B + 20% Contingency Other Direct Costs are estimated to include the following: Mileage Reimbursement @ $0.585/mile Copying of Reports & Calculations @ $0.10/sheet Plan Reporduction @ $1.25 (Full Size sheets) Shipping Costs @ $25/package CADD Tech.l $105 0 0 0 12 12 0 240 132 Assistant Engineer $145 0 0 0 0 0 80 80 Associate Engineer $165 0 0 0 24 4 28 16 32 48 220 160 Senior Engineer $176 0 0 0 4 4 0 120 126 Engineering Manager $199 12 8 20 30 30 0 4 4 4 8 12 4 36 16 8 24 216 212 2-Person Survey $240 0 0 0 0 0 38 38 ODC $0 $0 $1,500 $1,500 $0 $0 $2,250 $2,250 Subs $0 $0 $0 $0 $0 $18,640 $18,640 TOTALS $2,388 $1,592 $3,980 $5,970 $5,970 $1,500 $796 $796 $796 $1,592 $2,388 $796 $3,960 $660 $1,964 $13,748 $5,824 $6,872 $12,696 $181,774 $218,129 $160,794 $192,953 G:\08BDSCLPA\Proposals\City of Carlsbad\Encinas Creek Bridge\Encinas Creek-Fee Estimate310-22-2008.xls