HomeMy WebLinkAbout1981-01-06; City Council; 5894-2; Agua Hedionda Bridge Consultant Agreement/-
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W CITY OF CARLSBAD *
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Dept, Head 6 ,
AGENDA BILL NO. ,rFqq
DATE :
D E PAR TM E NT : Engineering
AGUA HEDIONDA SRIDGE CONSULTANT AGREEMENT
SUBJECT:
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STATEMENT OF THE MATTER
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The City, in conjunction with CALTRANS, has requested proposals for the environmental clearances and design for the reconstruction of the Carls- bad Boulevard bridge over the Agua Hedionda Lagoon. Engineering was approved by the State in a detailed auditing. Staff has
prepared the attached agreement. proved the consultant agreement, and the State has indicated they will issue an authorization to proceed following Council approval.
The firm of McDaniels
The consultant and the State have ap-
FISCAL IMPACT
The State and the Federal Government are paying for the environmental clearances and consultant design. $125,608. The cost of construction of the project is estimated..at $1.3 million of which about $224,000 must be borne by the City. funds will be in the form of a Federal Bridge Replacement Grant and FAU
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The cost of this work to the State is
The remaining.
funding . D
EXHIBIT
Resolution No. 6,394 authorizing execution of agreement between City and McDaniels Engineering
RECOMMENDATION
Adopt Resolution No. C396 authorizing execution of agreement between City and McDaniels Engineerlng for preparation of plans and specifications for design of Agua Hedionda Bridge.
Council Action: 1/6/81
Council adopted Resolution 6396, approving an agreement with McDaniel Engineering Company for the pveparation of plans and specifications for the cmstructioh of a bridge over Agua Hedionda Lagoon at Carlsbad Boulevard.
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RESOLUTION NO. 6396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND McDANlEL ENGINEERING COMPANY FOR PROVISION
OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A
BRIDGE OVER AGUA HEDIONDA LAGOON AT CARLSBAD BOULEVARD
The City Council of the City of Carlsbad, California, does hereby resolve
as follows:
1. That certain agreement between the City of Carlsbad and McDaniel .
Engineering Company for provision of plans and specifications for the construc-
tion of a bridge over Agua Hedionda Lagoon at Carlsbad Boulevard, a copy of
which is attached hereto and incorporated herein by reference, is hereby
approved.
2. The Mayor of the City of Carlsbad is hereby authorized and directed
to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad held the 6th - day of January
vote, to wit:
, 1981, by the following
AYES: Council Members Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: Council Member Packard Y- 1. / e.?&
RONALD C. RACKARD, MAYOR MARY H. CASLER, Vi ce-Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, CITY CLERK
(SEAL)
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CONSULTANT AGREEMENT FOR PROVISION OF PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF A
BRIDGE OVER AGUA HEDIONDA LAGOON AT CARLSBAD BOULEVARD
THIS AGREEMENT, made and entered into as of the day of
, 19-, by and between the CITY OF CARLSBAD, a municipal cor-
poration, hereinafter referred to as ,"City", and McDANlEL ENGINEERING COMPANY,
a Cal ifornia corporation, hereinafter referred to as "Consultant".
IN ADDITION, the fol
agreement: '5tate" refers to the Cal
owing items are defined for use in this I'
fornia Department of Transportation, Dis-
trict 11; "Engineer" refers to the City Engineer of the C
"Project" refers to the construction of a 1805 foot four-
Hedionda Lagoon in the City of Carlsbad. The Project inc
ty of Carlsbad; and
ane bridge over Agua
udes approach and
adjoining pavement reconstruction and widening in the area along Carlsbad
Boulevard from Tamarack Avenue to Cannon Road.
W'I T N E S S E f H :
ARTICLE I:
WHEREAS, the City requires the services of an engineering con-
sulting firm to provide the necessary engineering services for construction of
a bridge over the Agua Hedionda Bridge at Carlsbad Boulevard; and
WHEREAS, Consultant possesses the necessary skills and quali-
fications to provide the services required by the City;
NOW, THEREFORE, the parties hereunto agree as follows:
Scope of Consultant Services
The scope of work includes the preparation of plans, specifi-
d documents for the construction of the bridge and pavement
Tamarack Avenue to Cannon Road. The structure has been prelim-
ted to require pre-cast, pre-stressed concrete I-beam of box
girder structure over two or three piers. The structure should comply with
all state and federal bridge and highw'ay standards and requirements. The .
brldge shall be designed to be structurally adequate for all anticipated
cations and b
widening from
inari ly evalu
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loading conditions. All existing facilities requir,;rg removal; redesign or
restoration due to Project construction shall be included in the contract.
.Right-of-way and environmental requirements and certifications for state and
federal projects to be complied with shall be included in the design cost and
shall be provided to the City.
. In order to expedite the design and consultant process with
the State and City, the Consultant shall submit a preliminary civil design
package and an environmental package. The preliminary civil design package
shall be reviewed and approved by the City and funding agencies prior to pro-
ceeding with final design. The environmental package shall be submitted to
the City and funding agencies and the necessary portions of it to various per-
mit authorities for approval.
The preliminary civil design package shall include:
1. All surveys necessary to obtain precise and clear locations of the bridge
and rights-of-way and proposed street widening.
cated precisely in relationship to the control line used.
2.
ing utilities.
3.
Rights-of-way should be lo-
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Utility research and tentative disposition or relocation of any interfer-
Outline of design alternatives and cost-saving measures.
1.
fo
4.
These items are to be approved by the
mitting the final design package.
A preliminary layout plan of the various alternatives.
City and funding agencies prior to sub-
The environmental package shall include:
The provision and forwarding of all environmental reports and applications
environmental permits for the Project including Coastal Commission and
Army Corps of Engineers with all necessary supporting data.
2. All work listed in Exhibit B.
The final civil design package shall consist of:
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1.
sect ions.
2.
agencies' requirements. Drawings shall be neat and legible with dimensions to
all installations.. Details should provide for clear and definite manner of
installation.
clearly indicated.
3.
by a registered civil engineer and/or structural engineer, and R.C.E. number
provided.
4.
indicative, not exhaustive):
Complete structural calculations for the design of the bridge and roadway
A complete set of reproducible plans in accordance with City and funding
Type, quality and quantity of all materials required should be
Plans and specifications shall be certified as to correctness, and signed
The following items should appear on the final drawings (this list is
a.
b.
c. Final striping geometrics shall be provided.
d. A structural steel schedule sZiall be provided with dimensions and
quantities of all steel required.
e. Treatment of abutments shall be clearly indicated.
f.
required for construction shall be clearly indicated.
Specifications shall be provided in conformance with City Standards and
A plan and profile of the street reconstruction work.
Interfering utilities with current ownership and disposition.
Any special methods of placement and shoring or protection of workers
5.
the funding agencies' requirements. Recent specifications will be available
upon request for guidance.
6. Provisions for staged construction, including traffic control.
7. Final cost estimate.
8.
9.
requirements and 100-year floodway requirements shall be satisfied.
Design of shoring or coffer dams required for construction.
Hydraulic performance of the structure to meet San Diego Gas & Electric's
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prova 1 s.
11. All plans and specifications
form satisfactory to the City and
12. Certification by a soils eng
structure against failure.
10. Fifty copies of plans and specifications for publication after final ap-
and submitted items shall be developed in a
ded for the stability of
og showing in-
funding agencies.
neer shall be prov
13. The Consultant shall submit a report of subsurface boring
formation required for design.
ARTICLE 11: Scope of City Staff Responsibilities
The scope of City staff responsibilities shall be as follows:
1. A preliminary study, "Tentative Plans and Application Criteria for Carlsbad
Bridge over Agua Hedionda Lagoon," is available at the City for review.
preliminary study gives some detailed information and funding analyses for
this Project. .
2. The City will make available upon request any documentary record or data
available to it.
3. A copy of the local programs manual will be made available to the Consul-
tant, either by State, or in default of action by the State, the City will pro-
The
vide a copy to be photocopied.
ARTICLE 111: Progress and Completion
The work (designated as environmental package and prel iminary
civil design package) under this contract will begin within ten days after
receipt of notification to proceed by the City and be completed within five
months of that date. The Consultant has prepared a critical path schedule
which is attached hereto as Exhibit A and made a part of the scheduling of
this Project.
and agreed to in writing by the City Ehgineer.
Extensions of tjme may be granted if requested by the Consultant
The Consultant will begin work
on'the final design package upon receipt of approval of the preliminary civil
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lesign package and will be completed within ten months of that date. In cons d-
:ration of such requests of extension of time, the City Engineer will give a1 ow-
lnce for documented and substantiated unforeseeable and unavoidable delays not
:aused by a lack of foresight on the part of the Consultant, or delays caused by
:ity inaction or other agencies' lack of timely action.
LRTICLE IV: Fees to Be Paid to Consultant
The lump sum fees payable in installments according to Article
1 shall be $26,308 for the environmental package and $99,300 for the total civil
lesign package for a total contract of $125,608, as shown on Exhibit C.
:ompensation for services will be allowed except those items covered by supple-
)ental agreements per Article VIII, Changes in Work.
No other
The fee payable to the Consultant for the civil design portion
If the contract is guaranteed by the Consultant for a period of one year only
from the date of signature of this agreement (if no notice to proceed with the
Final civil design package has been received).
\RTICLE V: Payment of Fees
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The Consultant shall be entitled to 75% of the lump sum fee des
ignated as Task 1 at the completion of Task 1. The Consultant shall be entitled
to 75% of the lump sum fee designated as Task I1 at the completion of Task It.
Incremental payments may be made up to a total of the 75% maximum upon submission
If evidence of work accomplished.
Jpon the receipt of final environmental clearance for Task I and evidence of per-
nits or evidence of non-issuability of permits for Task It. -
The Consultant shall be entitled to a 30% payment of lump sum
Fee for the ci'vil design package at the time of approval of the preliminary
iesign package. The Consultant may invoice any documented prel minary design
:osts to other firms against the 30% payment for the preliminar design portion
wior to approval of the final design package and receive payment for completed
The remaining 25% will become due and payable
mrk provided that such cost does not exceed 25% of the lump sum fee for the
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civil design package. If Consultant elects to do so, only the remainder of
the 30% payment will be due at the time of approval of the preliminary design
package. After receiving notice to proceed on the final design package, incre-
mental payments may be authorized upon submission of evidence of work accom-
plished up to a total of 75% of total lump sum fee for the civil design package
Upon final approval of the final design package an additional incremental 15%
will be paid (up to 90% of the total lump sum fee for the civil design package)
The remaining 10% shall become due and payable at the completion of the con-
struction of Project, but no later than two years from date of approval of the
. final design providing all work under this agreement is completed and approved
by Engineer.
ARTICLE VI: Final Submissions
Within 15 days of completion and approval of the final design,
the Consultant shall del iver 'to the City th6 fol lowing. i tems:
1.
on white paper. A reduced set of drawings shall be bound into each set of
Fifty copies of the plans and specifications in a form suitably bound and
specifications.
2.
sheets.
3. All final engineering certifications and documents.
Original mylars at scale of the drawings reproducible on standard 24" x 36"
ARTICLE VII: Federal Requirements
The Consultant shall be acceptable to the State and shall
hold reviews of progress of work at no more than three-month intervals with the
State and the City.
at a location acceptable to the State and the City. The Consultant and Con-
sultant's subcontractors shall mainta n all books, documents, papers, account-
ing records, and other evidence perta ning to costs incurred and, further, to
make such materials available at their respective offices at all reasonable
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The Consultant shall establish a working place and office
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times during the contract period. Such materials are to be available for in-
spection by authorized representatives of the City, the State, or the Federal
Government, and copies thereof shall be furnished if requested.
final settlement of the contract accounts with the Federal Highway Administra-
tion, such records and documents may be microfilmed and shall be retained for a
three-year period after FHWA payment of final voucher, or for a four-year
period from the date of final payment under the contract, whichever is longer.
The Consultant must sign a certification, attached hereto as Exhibit D, which
zed corporate official of the Con-
officer of the governmental agency
tant.
Following
shall be executed by a principal or author
sultant, and by a principal administrative
responsible for the selection of the Consu
ARTICLE VIII: Changes in Work
If, in the course of this contract, changes seem merited by th
Consultant or the City and informal consultations indicate that a change in the
conditions of the contract is warranted, the Consultant or the City may request
a change in the contract. Such changes shall be processed by the City in the
following manner. A letter outlining the required changes shall be forwarded
to the City or Consultant to inform them of the proposed changes along with a
statement of estimated changes. in charges or time schedule.
mutual agreement on the proposal, a supplemental agreement shall be prepared by
the City and approved by the City Council. Each supplemental agreement shall
also be approved by the State prior to the performance of the work under such
After reaching
agreement. Such supplemental agreement shall not render neffective or invalid
unaffected portions of the agreement. Changes requiring mmediate action by '
the Consultant or the City shall be ordered by the City E gineer, providing the
State gives prior approval to fhe work, who will inform a principal of the
Consultant's firm of the necessity of such action and follow up with a supple-
mental agreement covering such work.
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The lump sum amounts detailed in this agreement shall be ad-
justed for changes, either additive or deductive, in the scope of work.
ARTICLE IX: Design Standards
The Consultant shall prepare the plans and specifications in
accordance with the design standards of the State of California and recognized
current design practice.
standards shall be used where appropriate. Copies of such standards shall be I
obtained from the City of Carlsbad or State of California, as appropriate.
ARTICLE X:
Applicable City of Carlsbad standards and regional
Covenant against Contingent Fees
The Consultant warrants that Consultant has not employed or re'
tained any company or person, other than a bona fide employee working for the
Consultant, to solicit or secure this agreement, and that Consultant 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 consideratioi
contingent upon, or resulting from, the award or making this agreement. For
breach or violation of this warranty, the local agency shall 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
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE XI: Nondiscrimination Clause
The Consultant shall comply with the regulation of the Depart-
ment of Transportation relative to nondiscrimination in federally-assisted pro-
grams.
ARTICLE XII: Termination of Contract
In the event of the Consultant's failure to prosecute, deliver
or perform the work as provided for in this contract, the City may terminate
this contract for nonperformance by notifying the Consultant by certified mail
of the termination of the contract. The Consultant, thereupon, has five workin!
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days to del iver said documents owned by the City and all work in progress to
the City Engineer.
upon the documents delivered to City of the percentage of work which the Con-
The City Engineer shall make a determination.of fact based
sultant has performed which is usable and of worth to the City in having the
contract completed. Based upon that finding, as reported to the City Council,
the Council shall determine the final payment of the contract in compliance wit1
the Code of Federal Regulations.
ARTICLE XIII: D i sputes
If a dispute shou.- arise regar ing the performance of work
under this agreement, the following procedure shall be used to resolve any
question of fact or interpretation not otherwise settled by agreement between
parties. Such questions, if they become identified as a part of a dispute
among persons operating under the provisions of this contract, shall be reduced
to writing by the principal of the Consultant firm or the City Engineer. A
copy of such documented dispute shall be forwarded to both parties involved
along with recommended methods of resolution which would be of benetit to both
parties. The City Engineer or principal receiving the letter shall reply to thc
letter along with a recommended method of resolution within ten days. If the
resolution thus obtained is unsatisfactory to the aggrieved party, a letter
outlining the dispute shall be forwarded to the City Council for their resolu-
tion through the office of the City Manager. The City Council may then opt to
consider the directed solution to the problem.
the City Council shall be binding upon the parties involved, although nothing
in this procedure shall prohibit the parties seeking remedies available to them
In such cases, the action of
at law.
ARTICLE XIV:
fot: the City and
Checking of Shop Drawings and Consultation during Construction
The Consultant shall review upon request the following items
State during the construction of the Project at no additional
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or separate cost:
1. Drawings for all shoring, falsework, coffer dams, forms.
2. Concrete mix designs.
3. Reinforcing bar schedules, mill tests.
4. Pre-stressing drawings, equipment and proposed methods; cal ibration of pre-
stressing jacks, material properties.
5.
6. Temporary traffic railings. .
7. Bridge railing.
8. Electrical fixtures including lighting standards.
9. Bridge demolition plans and procedures.
10. Bridge deck screed grades, camber and falsework settleme t adjustments.
The Consultant shall provide as-built drawings from the records of the inspec-
Pile driving equipment rating data; piling.
tors and contractor at the completion of coqstruction.
ARTICLE XV: Responsibility of the Consultant
The Consultant is hired to render a professional sc.wice only
and any payments made to Consultant are compensation solely for such services
Consultant may render and recommendations Consultant may make in the course of
the Project.
sign with R.C.E. number all plans, specifications and estimates furnished.
ARTICLE XVI:
Consultant shall certify as to the correctness of all designs and
Suspension or Termination of Services
This agreement may be terminated by either party upon tender-
In the event of such ing thirty (30) days' written notice to the other party.
suspension or termination, upon request of the City, the Consultant shall as-
semble the work product and put same in order for proper filing and closing and
deliver said product to City.' In the event of termination, the Consultant shall
be paid for work performed to the termination date; however, the total shall no1
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exceed the guaranteed total maximum. City shall make the final determination at
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to the portions of tasks completed and the compensation to be made in complianc
with the Code of Federal Regulations.
ARTICLE XVI I: Status of the Consultant
The Consultant shall perform the services provided for herein
in Consultant's own way as an independent contractor and in pursuit of Consul-
tant's independent calling, and not as an employee of the City.
shall be under control of the City only as to the result to be accomplished and
the personnel assigned to the Project, but shall consult with the City as pro-
vided for in the request for proposal.
ARTICLE XVIII: Conformity to Legal Requirements
Consultant
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, state and local. Con-
sultant shall provide the necessary copies of such Project drawings and specifi-
cations, together with all necessary supporting document.s, to be filed with any
agencies whose approval is necessary.
ARTICLE XIX: Ownership of Documents
All plans, studies, sketches, drawings, reports and specifica-
tions as herein required are the property of the City whether 'the work for whic
they are made be executed or not. In the event this contract is terminated, a1
documents, plans, specifications, drawings, reports and studies shall be deliv-
ered forthwith to the City. In addition, the Consultant's work will be avail-
able for inspection by City and State representatives.
ARTICLE XX: Hold Harmless Agreement
The State, City, their agents, officers, and employees shall
not be liable for any claims, liabilities, penalties, fines, or any damage to
goods, .properties, or effects of any person whatever, nor for personal injuries
or death caused by, or resulting from, or claimed to have been caused by, or
resulting from, any act or omission of Consultant or Consultant's agents,
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employees or representatives.
free and harmless the City and the State and their authorized agents, officers,
and employees against any of the foregoing liabilities and claims therefor, and
any cost and expense that is incurred by the City or State on account of any
claim therefor, including claims by reason of alleged defects in any plans and
Consultant further agrees to indemnify and save
specifications. The Consultant shall'name the State and the City as co-insured
on all insurance policies retative to this contract
ARTICLE XXI: Assignment of Contract
The Consultant shall not assign th s contract or any part
thereof or any monies due thereunder without the prior written consent of the
' City.
ARTICLE XXI I: Subcontracting
If the Consultant shall subcontract any of the work to be per-
formed under this contract by the Consultant, Consultant shall be fully respon-
sible to the City.*for the acts and omissions of the Consultant's subcontractor
and of the persons either directly or indirectly employed by the subcmtractor,
as Consultant is for the acts and omissions of persons directly employed by Con
sultant. Nothing contained in this agreement shall create any.contractua1 re-
lationship between any subcontractor of Consultant and City. The Consultant
shall bind every subcontractor and every subcontractor of a subcontractor by
the terms of this contract applicable to Consultant's work unless specifically
noted to the contrary in the subcontract in question approved in writing by the
City.
ARTICLE XXIII: Prohibited Interest
No official of the City who is authorized in such capacity on
behalf of the City to negotiate, make, accept, or approve, or take part in ne-
# gotaiging, making, accepting, or approving of any architectural, engineering
fnsepction, construction, or material supply contractor, or any subcontractor
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in connection with the construction of the Project shall become directly or in-
directly interested personally in this contract or in any part thereof. No
officer, employee, architect, attorney, engineer, or inspector of or for the
City who is authorized in such capacity and on behalf of the City to exercise
any executive, supervisory, or other similar functions in connection with the
performance of this contract shall become directly or indirectly interested
personally in this contract or any part thereof.
ARTICLE XXIV: Verbal Agreement or Conversation
No verbal agreement or conversation with any offic
employee of
tract, shal
the City, either before, during, or after the
affect or modify any of the terms or obligat
r, agent or
execution of this con
ons herein contained
nor such verbal agreement or conversation entitle the Consultant to any addi-
tional payment whatsoever under the terms of this contract.
ARTICLE XXV: Successors or Assigns
Subject to the provisions of Article XX, all terms, conditions
and provisions hereof shall inure to a.id shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, successors and
ass i gns.
ARTICLE XXVI: Effective Date
This contract shall be effective on and from the day and year
first above written providing authorization to expend funds has been received
from the State.
ARTICLE XXVII: Conflict of Interest
The Consultant shall file a conflict of interest statement wit
the City Clerk of the City of Carlsbad. The Consultant shall report under
Categories B
ARTICLE XXVl
D and F of Section 302 of the Carlsbad Conflict df Interest Code.
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I: Cost Reporting
Arty documentation or written report shall contain in a separ-
ate section 'the numbers and dollar amounts of all contracts and subcontracts
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relating to the preparation of the document or report unless less than $5,000.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD McDANlEL ENGINEERING COMPANY
ATTEST:
CITY QQaL CLERK L! R-a CITY ATTORNEY
APPROVED AS TO FORM:
BY
STATE OF CALIF0 IA / RT
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EXHIBIT B
SCOPE OF WORK - ENVIRONMENTAL PACKAGE
CARLSBAD PJOULEVARI? BRIDGE OVER THE HEDIONDA LAGOON INLET AND STREET IMPROVl34ENTS
TASK I -' ENVIRONMENTAL DOCIIMENTS
1.
2.
Early Consultation and Cmtinuing Coordination with Federal., State and Locai Azenci.es: Prepare for; not federal, stece and locai agencies such as FHW, Calt Coastal Cc-nmission, Corps of Engineers, and others; non-public meeting with these agencies at a Carlsbad location. Maintain continuing close liaison with E" Corps of Engineers, Coastal Commission and cther ayp priate agencies as work on environmental assessment
Early Consultation and Cmtinuing Coordination __ with Federal., State and Locsi Azenci.es: federal, stecem Coastal Cc-nmission- non-public meetin location. Mainta--- Corps of Engineers. Coastal Commission and cther ayp priate agencies a bther tasks continues.
Environmental AssessEent/FONSI: assessment in accordance with pe Caltrans Locsl Programs Manual ( 1980). Environmentzi Assessment
of an Initial Study Supplcnent ( understood that an Initial Study and' completion of an environment which will be fully supported by disciplinary analysis as necessa
Air Qualj.ty Noise
ify rans , hold
:WA , lr o- and
Prepare environmental nding revisicns t9 the anticipated in October document will consist ISS), since it is has already been clone
a1 assessment chzcklis
' appropriate multi- ,ry in the areas of: ..
Water Quality Hydrology (wetlands, coastal zone impacts) CeologylSoils (EIR level analysis) Visual Quality Social & Economic Biology (marine and terresttial) Land Use Cultxtral Resources Traffic Circulation (including study of loss of beach parking and construction detour impacts).
. The Initial Study Supplement will consist of a detailed narrative concerning the Need for the Project, Projecr Description and Environnental Setting. As part of the environmental assessment effort, a separate noise study will be performed in accordance with FHPM 7-7-3. An Historic Property Survey will be completed in order to determine if the bridee that .will be replaced is in any way considered historic, and the State Historic Preserva tion Officer will be contacted. An air quality study wi be prepared in conformance with FIJTM 7-7-9.
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EXHIBIT B
3.
4.
5.
6.
Since an EIR will not be prepared at this point, detailed support studies will be prepared as necessary in order to attempt to mitigate any potential significant impacts that might result from the proposed project. A study will be made of the proposed project's impact on the loss of beach parking and determination made of alternate
ways in which ,the project design can nitigate such impacts. Thus, the environmental assessment support analyses will be used to mitigatse significant environmental impacts to the greatest extent possible, hopefully supporting a Finding of No Significant Impact (FONSI).
4f Involvement: Because of the proximity of the project to the State Beach, 4f involvement is expected to be an issue with FHWA. Since the exact impact, if any, on the beach area is presently unknown, it cannot b2 determined if a separate 4f Statenent will be needed, or if through sufficient support, this concern can be handled within the environmental assessment. In any case, 4f, involve- ment will be appropriately addressed.
CEQA Negative Declaration/Meetings With City Staff/ Public Hearirie Attendance: In order to COFID~Y with the - Ca1lQualit.y Act (CEQ.4): it will be necessary to circulate the completed federal environ- mental assessmtnt along with appropriate cover pages,
as would a CEQA document. The specified number of copies will. have to be circulated through the State Clearing- house. After the public review period, 2 public heariag
consultant will prepare the necessary docments for the public hearing, such as mailing list, public notice for the newspaper, etc. for use by the City. Assistance will be provided to the City in achieving the above objectives as well as meeting with City Staff as necessary through- out the environmental assessment approval process (up to the total number of hours specified in the cost schedule).
'to b..; held by the City .of Carlsbad will be necessary. The
Respond to Agency and Public Review Comments on the Environinental Assessment: 'Responses will be made to written comments received during the public review period that challenge either the accuracy or the sufficiency of the environmental assessment document as required by CEQA.
Should the level of effort on any of the sub-tasks of Task I required to successfully complete an Environmental Assessment/FONSI (in lieu of proceeding onto the prepara- tion of an EIR/EIS) exceed that set forth in the cost schedule due to unfofseen or additional requirements of federal, state or local agencies, up to 100 additional project management hours, or their equivalent in other professional or support services will be billed against an an as-needed basis, upon written concurrence of the City of Carlsbad.
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EXHIBIT B
7.' Should it become apparent during the course of the environmental analysis that construction of the proposed project will result in unmitigable sigcificant impacts, and the City of Carlsbad agrees that no unusable additional effort should be performed in further preparation of an Environmectal AssessmentlFONSI, a formal environmental scoping meeting will be held to determine the extent of the environmental analysis necess,ary and the alternatives to the proposed project that should be examined in the
After the scoping meeting is held and input received from federal, state and local agencies and the interested public, the cost of prcviding a draft, then final EIR/EIS will be determined and the contract renegotiated to provide for these services. The City of Carlsbad will provide an appropriate meeting place at no cost to the consultant. A formal scoping meeting, such as the April 30, 1980 Fiesta Island Bridge and Street Improvements "Early Consultation" meeting in Mission Bay, San Diego will be conducted.
Documentation prepared under the Environmental Assessment/ FONSI will be prepared in such a fashion as to be assemble- able into an EIR at a later date if necessary, although an EIR will not be prepared as part of this effort.
. draft EIR/EIS.
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TASK I1 - P2,TtnlIT APPLICATIONS
1.
2.
Pernits Required: It is anticipated that at least three permit applications will be required. These include the Coastal Commission, Corps of Engineers,. probably the California Pish and Game Commission, and possibly a Coast Guard permit, although the need for the latter cannot be determined at this time. It is understood that U.S. Fish and Wildlife Service approval is normally part of the Corps of Engineers process and would not require a separate permit action.
Level of Effort: approvals is normally made after the necessary environ- mental documents have been approved, and because the approval processes by these agencies can 3e complex and time-consuming, it is difficult to provide an accurate estimate of the amount of effort that will be zequircd. In fairness to both the City of Carlsbad and the consult- ant, the following course of action will be taken. The environmental consultant will provide up to 120 hours effort in preparing required permit applications for the City of Carlsbad to officially submit. This effort will include attending meetings as necessary, preparing appli- cations and exhibits, seeking preliminary guidance from these agencies, and responding to their requests for
Because application for these permit
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/4 E'XHIBIT B .. 1
Should it become apparent during the course of the environmental analysis that construction of the proposed project will result' in unmitigable sigcificant impacts, and the City of Carlsbad agrees that no unusable additional effiort should be performed in further preparation of an Environmectal AssessmentlFONSI, a formal environmentzl scoping meeting will be held to determine the extent of the environmental analysis necessary and.the alternatives
to the proposed project that should be examined in the draft EIWEIS. After the scoping meeting is held and input received from federal, state and local agencies and the interested public, the cost of prcviding a draft, then final EIR/EIS will be determined and the contract renegotiated to provide for these services. The City of Carlsbad will provide an appropriate meeting place at no cost to the consultant. A formal scoping meeting, such
as the April 30, 1980 Fiesta Island Bridge and Street Improvements "Early Consultation" meeting in Mission Bay, San Diego will be conducted.
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Docurnenta t i on prepared under. the Environmental Assessment / FONSI will be prepared in such a fashion as to bc asseable- able into an EIR at a later date if necessary, although an EIR will not be prepared as part of this effort.
TASK I1 - PEMIT APZ'LICATIONS
1. Pernits Required: It is anticipated that at least three pezmit appiicacions will be required, These include the Coastal Commission, Corps of Engineers, probably the California Fish and Game Commission, 2nd possibly a Coast Guard permit, although the need for the latter cannot be determined at this time. It is understood that U.S. Fish and Wildlife Service approval is normally part of the Corps of Engineers process and would not require a separate permit action,
Level of Effort: Because application for these permit approvals is normally made after the necessary environ- mental documents have been approved, and because the approval processes by these agencies can be coaplcx and time-consuming, it is difficult to provide an accurate estimate of the mount of effort that will be Yequircd. In fairness to both the City of Carlsbad and the consult- ant, the following course of action will be taken. The environmental consultant will provide up to 120 hocirs effort in preparing required permit applications for the City of Carlsbad to officially submit. This effort will include attending meetings as necessary, preparing appli- cations and exhibits, seeking preliminary guidance from these agencies, and responding to their requests for
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9. EXHIBIT B
additional input. Should the level of effort exceed 120 hours, it is proposed that UF to I00 additional hours be made available to be billed against on an as-needed basis, with the written concurrence of the City of Carlsbad. If the level of effort required to assist the City in obtaining any of the necessary permits exceeds the level of effort set forth above, the contract will be renegotiated to provide for a mutually-satisfactory course of action.
3. Non-Approval of Permit Appficatj-ons: Should any of the permitting agencies fail to approve a pormit appLication because of their policies’or due to a decision based upon site-specific issues (other than the consultant pro- viding insufficient infornaticn), the consultant will be deemed to have fulfilled his performance of that task as provided herein.
4: - Payment for Permit Application Service-s: Payment for environmental consuiting services provided for within Task 1 will not be contingent upon successful completion
. of thcse services set forth in Task 11, due to ths uncer- tainties concerning the length of time that may be requ2red for final approval of the permit applications. ..
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EXHIBIT B
SCOPE OF WORK AND FEES .. .
TASK I - ENVIRONMENTAL DOCIPIENTS
DIRECT LABOR Hours
(Early Coordination)
Project Manager 24
Environmental Analyst 30
(Environmental Assessment/FONSI)
.Project Manager 120
Registered Geologist 24
Environmental Analyst 70
Acoustical Engineer 30
. Air Quality Analyst 40 .
Rate -7
12.50
8.00
12.50
15.00
8.00
10.60
10.60
Traffic Analyst 40 12.50
(4f Involvement)
Project Manager 40 12.50
(CEQA/Mee rings /Hearings)
Project Manager 80 12.50
(Response to Public Comnents) ..
Project Manager 48 12.50
(Support Services)
Typist 60 6.00 .
Graphics Specialist 40 8.00
Tech. Editor/Report
As s embl y 36 7.00
TASK I1 - PEkifT APPLICATIONS
(Prepare Applications/ follow-up)
.Project Manager 120 i2. 50
(Support)
Typist 10 6.00
Graphics Specialist a10 8.00
Tech. Editor/Report *
Ass em bl y 4 7100
Total
300.00
240.00
1,500.00
360.00
560.00
318.00
. 424.00
500.00
500.00
1,000.00
600.00
360.00
320.00
252.00
..
1,50O.00
60.00
* 80.00
28.00
8.902.00
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EXHIBIT 8
EMPLOYEE BENEFITS
15%
DIRECT COSTS
(Subcontractors)
Biologist
Archaeologist
Marine Ecological
'Historic Property Survey
MATERIAL
* Maps, photos, material
Report printing/xerox @ .05/page
INDIRECT COSTS (OVERHEAD)
Approved. overhead rate = 100%
FEE -
TOTAL COST
1,335 .OO
*
1,200 .oo
500.00
850.00
400.00
2,950.00
, 400.00
1.; 000.00
1,400.00
8,902.00
2,819.00
$26,308.00"
* Lump sum fee for Task I and Task II Scope of Work is for Level of Effort
referred to in Item 6 under Task I of Exhibit B and Item 2 under Task II , of Exhibit B.
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EXHIBIT C -.
CARLBAD BOULEVARD BRIDGE OVER THE
HEDIONDA LAGOON INLET AND STREET IMPROVEMENTS.
LUMP SUM FEE ESTIMATE
(BFidge & Roadway Design)
I. BRIDGE DESIGN, PS&E
Preliminary Phase, Final Design Phase, Construction Phase
DIRECT LABOR
RATE .- . CLASS. HOURS AMOUNT
Principal Engineer (1) 953 $20.04 $ 19,098.12 Senior. Draftsman (3) 538 9.00 4,842.00
20% EMPLOYEE EENEFITS
DIRECT COSTS -. -
Add under Direct Costs - Bridge and Roadway Design
INDIRECT COSTS (Overhead)
100% Approved Overhead Rate
FEE (profit)
TOTAL COST
$ 8.6'18.44
$ 66,074.72
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(Bridge & Kcadway Design)
e. LUMP sur4 FEE ESTIMATE
(Ca,,tinued }
11 ROADWAY IMPROVEMENTS : DESIGN, PSbE
Preliminary Phase, Final Design Phase
DIRECT LABOR
, - -. .. AMOUNT HOURS RATE CLASS.
Senior Civil Engineer (2) 272
Junior Draftsman . (4) 380
$ 15.00
3.50
$ 4,080.00
2,850.00
I.
. '$- 6,930.00
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EMPLOYEE BENEFITS 20% $ 1,386.00 --
DIRECT COSTS
Add under Direct Costs - Bridge and Roadway Design
INDIRlECT COSTS (Overhead) I
Approved Overhead Rate 100% $ 8,316.00
.
--
FEE (profit) $ 2,494.80 -
*. . '$ 19,3.26.80 TOTAL COST
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. 1.11. DIRECT COSTS - nridge and Roadway Design [Excluding Environmental Impact Report)
cost Equipment and Supplies: . . ..Z - .. ... 7
25-24" x 36" mylar sheets Included in normal office
overhead costs.
Other Direct costs:
Printing (Plans) 50 sets of 25
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Printing (Specifications) 50 sets
cost 7
. Included in normal, office overhead costs.
Included in normal office overhead costs,
Specifications Word Processing $ 1,000.00 . ..
Su'rveying (Aerial, and Ground Control)
Surveying (Bridge detail, ROW staking)
. ,. 3,362.00
1,938 ..OO
Outside Engineering: I
Electrical Design
Soils Investigation
3,300.00
4 500.00-
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Total Direct Costs-Bridge and Roadway Design (Excluding environmental engineering support $ 14,100.00
services;
NOTE: Due to the multi-agency reviews that will be involved it is anticipated that project specifications will require numerous, inter- mittent additions,' csclusions, reyisions, ctc. Consequently, word processing of the specifications is considered to be the most orderly
and economic means of achieving a professional and coherent end
product. This would entail outside costs unique to this particular project..
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-1 n ..- EXHIBIT C
TOTAL PROPOSED FEES ..
ROADVAY XMPROVEIVIENTS: PS&E----------- $ 19,126.00
DIRECT COSTS, BRIDGE & ROADWAY DESIGN
(Not including Environmental Impact Report)
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Electrical Design, PS&E $ 3,300.00 Soils Investigation $ 4,500.00
Surveying, Aerial $ 3,362.00
Surveying, Ground $ 1,938.00
i Environmental Engineering
Specification word Processing $ 1,000.00
. Support Services To be negotiated
$14,100.00 , $ 14,100.00
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TOTAL PROPOSED FEES8 EXHIBIT B SCOPE OF WORK $ 26,308.00
EXHIBIT C SCOPE OF WORK !39,3O0.00
$125,608.00
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*I HERESY authorized re whose zddress nor the above
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EXHIBIT .D
CERTIF lCkTION OF CONSULTANT
EXHIBIT 11-19 1980-1
. -5:- CERTIFY that I am the yre.scntative of the fir% of,,
is -
(Tit 1 e) .L and duly
Y , and that -neither I
firm I here repmsent has: . i' . -. ,.I
(a) employed or retained for a conmission, percentage, brokerage, contingent fee, or other consideration, any-'f<rrn or persot: {other than a bona fide employee warking solely for- re or the above consultant) to solicit or secure this agreement;
contract, to employ or retain the services of any firm or person in connection with carrying out the agreenient; or
(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, dcnation, or consideration of any kind ' for, or in connection with, procuring or carrying out the agrement;
except as here expressly stated {if any):
(b) agreed, as an express or implied condition for obtaining this
I acknowledge that this certificate is to be furnished to the State Departwnt of Transportation in con:.ection with this agreement irivclv5ng
participation of Federal-aid ,highway funds; and is subject to applicable State and Federal laws, both criminal and civil.
(Date) [Signature)
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/I .? .. EXHIBIT 11-lh
1980-1
EXHIBIT E
CERTIFICATION OF LOCAL AGENCY'S .HIGHNAY DEPARTMENT .
1 HEREBY CERTIFY that I am the (Title) . . *. of ,the
.¶ ;.: and "that the; above consulting firm or his representative has not,.been ,,?.:; .reqgird, directly or indirectly as an -express, or implied. condit,ion,in ,.I.. ... ..cannection with obtaining or carrying out this agreement to: "
. ;.!3.) erip~oy or 'tetain, or agre2 ... to,;emplby .or:retain,..any'fi.~~~, o?.*.:. ..:,
(b) pay, or agree to pay, to any firm; person, or organization, any
~fghway Department of the Lccal Agency of . . .. ...
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.. , fee, - contrihtion, .... don,ation, or consideration 1. of any -. .kind; .. .
... *- .... -. .-
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..... 'a?., . - .. .. -ex&pt.as here expressly stated (if any): . ,'. ..... - -- - .v.-. . .. ... 0.. ........... ... I ,..-
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. , .- I acknowledge 'that-this kertificate'-is'.to 'be -ft$nished'the State',. ..::
artrrmt of..Triinsp;jrtaticn, in. connecticn with this agreenent'.i,nvol ving , t2cipa.tion of Federal-aid 'highway funds, and ,is subject to applicable-
~ ..; ...... .... ' , *. .~ *.'. .... Ze acd Federal laws, botn criminal and civil.
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