HomeMy WebLinkAbout1983-02-15; City Council; 7294; Poinsettia Overcrossing Agreement/ - '* CIP F CARLSBAD - AGEN~~ILL
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DEW. ENG
MTQ. 2-15-83
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POINSETTIA OVEPCROSSING AGkEEYENT
AND TRANSFERRING OF FUNDS FOR ENGINEERING SERVICES
DEPT.HD. RUL
CITY A'TTYa
CITY MOR&E
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RECOMMENDED ACTION:
Adopt Resolution No. and Associates and the + ity of Carlsbad for the design of Poinsettia Bridge and roadway improvement from 1-5 to Carlsbad Boulevard; adopt Resolution No. 7/44 transferring funds for Contract and Administration costs.
3approving an agreement between the firm of Kercheval
ITEM EXPLANATION:
As a part of the current Capital Improvement Program, Council authorized the design and construction of bridge and' roadway improvements over the AT&SF Failway at Poinsettia Lane. The following firms responded to the request for proposals
1. Kercheval & Associates I $47 , 370 2 . VTN . I11 $48,688/$63,584 3. Hilldan I1 $59,300 4. Blaylock Willis V $61,755 5. Boyle Engineering IV $65,070 6. PcDaniel Engineering VI $68,128
The roman numerials referred to the standing of each consultant as regard to the followinq criteria: expected results, and ability to work with the City. points out of 100 so that the standing was not based on cost alone.
Project management, experience, personnel , timeliness, Cost was evaluated at 30
Subsequent negotiations and contract review with Kercheval and Associates indicated that the attached agreement was mutually acceptable and in accordance with the original solicitation for proposals.
The City must complete the construction prior to May 16, 1984. necessary to proceed with the design. considered by a council committee,
It is, therefore, The necessity of voter approval is being
FISCAL I PIPACT :
Per an agreement with Occidental, dated June 17, 1982, the City has funds in the
amount of $1,239,000 to do this project. No. 80-92-06-OD519)and $250,617 (Account No. 80-92-07-00519) in interest bearing trust accounts. A bond for the remaining $814,000 is posted with the City Clerk. Fundin? ($52,079) to cover the cost of this contract needs to be transferred from the Occidental Trust Account (Account No. 80-92-0?-00519) to the Poinsettia Lane Improvement Project Account (Account No. 30-18-40-3079). This amount incl udes contract and administration costs and an incidental $4,500 as well as $47,370.
EXHIBITS :
1. 2.
3.
4.
These funds consist of $140,003 (Account
Aqreement for design services for the Poinsettia Bridge Resolution No.7 L/3approving an agreement between the firm of Kercheval and
Resolution No.7/qyapproving the transfer of funds from Occidental Trust Account (Account No. 80-92-07-0051 9) to the Poinsettia Lane Improvement Project Account (Account No. 30-18-40-3079). Project Status Report, dated January 17, 1983
Associates an 4- the City providing for the design of Poinsettia Bridge.
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RESOLUTION NO. 7143 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND KERCHEVAL AND ASSOCIATES, INC. FOR THE
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DESIGN
OF POINSETTIA BRIDGE
The City Council of the City of Carlsbad, California, does hereby resolve
follows :
1. That certain agreement between the City of Carlsbad and Kercheval and
Associates, Inc. for preparation of Plans and Specifications for the design for
the Poinsettia Bridge and roadway widening, a copy of which is attached hereto
and incorporated herein by reference, is hereby approved.
2.
execute said agreement for and on behalf of the City of Carlsbad.
The Mayor of the City of Carlsbad is hereby authorized and directed to
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad held the 15th day of February , 1983, by the following
vote, to wit:
AYES: Council tknkers Casler, I-lewis, Kulchin, Chick and Prescott
NOES : None
ABSENT : None
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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AGHEK!4KNT 1:OR PREPIrY.t.1 IC:; 01; PLANS ANI) SPECIFICATIONS
FOR POINSETTI.4 3FXI)GE OVER THE RAILROAD
TMIS AGREEMENT, made and entered into as of the 15th .
, 19 83 , by and between the CITY OF - day of February
CARLSBAD, a munic;.pal corporation, hereinafter referred to as "City,"
', I '- and a CIVIL ENGINFYRLNG FIRM, Kerchertrl & Assocates, hereinafter ,
referred to as "Consultant .I1
RECITALS
City requires the services of an engineering consulting firm
.. to provide the necessary engineering services for preparation of final
plans and specifications for the Poinsettia Bridge; and
Consultant possesses the necessary skills and qualifications
to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and Consultant agree as
follows:
I. COJ?SULTANT'S OBLIGATIONS
(A) Scope of Work c
The Consultant shall prepare the plans, specifications. and bid
documents for the construction of the bridge and pavement over the
railroad at the westerly extension of Poinsettia Lane and associated
strect construction work specifically delineated on attachment "A."
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The structure should comply with bridge and highway standards and as
specified in current ASliTOnnd h. R.E.A. and CALTRhNS ;Standards.
The bridge shall le designed to be structurally adequate for all
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legally anticiparcd loading conditions. In addition, all exi.sting
facilities requiring rcrnovnl, redcsi.gn or rcstoration'doe to project
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construction shall be included in the contract. Any additionally
needcd right-of-way acquisitions and documents shall be provided to
I the City. 4-
(11) Procedure
The Consultant shall submit a preliminary civil design
package as well as a final civil design package. The preliminary
civil design packqge shall be reviewed and approved by the City prior
to proceeding with final civil design package.
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. Rights- of-way
shall be located precisely in relationship to the control line used.
2.
interfering utilities.
3. Outline of design alternatives and cost-saving measures and
Utility research and tentative disposition or relocation of any
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preliminary layout plan of the various alternatives.
These items are to be approved by the City and funding agencies pri.or
to submitting the final design package.
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The final civil design package shall. consist of:
1. Complete structure calcul.ations for the desi.gn of the bridge and
r0adwa.y sections.
2. A complete set of reproducible plans in accordance with City and
funding agen'cies' requirements. Drawings shall be neat and 1egihl.c.
with dimensions to n1'1 installations. Details should provide for
clear and dcfitiitc mnnncr of instnll.otion. Type, grade, end quality
. of all materials required should hc clearly indicated.
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3. Plans and specifications sh,all he certified as to correctness,
and signed by a registered civil engineer and/or structural engineer,
and R.C.E. number provided.
4. The following items should appear on the final drawings (this
list is i-ndi.cative, not exhausti-vel:
a. A plan and profile of the street reconstruction work.
b. Interfering utilities with curre'nt ownership and
disposition.
C. Final striping for roadway pavement shall be provided.
d. A structural steel schedule shall be provided with
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dimensions and quantities of all steel required.
e. Treatment of abutments shall be clearly' indicated.
f. Any special methods of placement and shoring or protection 4
of workers and railroad required for construction shall be clearly
. indicated.
. 5,Specifications shall be provided in conformance with appropriate CSI
Standards and the 1982 edition of Standard Specifications for Public
Works Contracts and Caltrans Standards applicable.
6. Provisions for staged construction, if required.
7. Final quantity and cost estimate.
8.
construct ion.
9.
Design standards of any sh~ring or coffer dams required for
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tlycl.rauI;c calculation to justify handling of drninape
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requirements.
10.Fifty copics of plans and specifications for advertisemcnt.
11. All plans and specifications and submitted items shall be
developed in a form satisfactory to the City and funding agencies.
12. Certification by soils engineer shall be provided fox the
stability of structure against soil and foundation failure.
13. The Consultant shall submit a report and a subsurface boring log
,showing information required for design of piles and foundations.
I'I CITY'S OBLIGATIONS
The scope of City staff responsibilities shall be as follows:
(a) Supply the preliminary design and specification for reference
only.
(b) The City will make available upon request any documentary record
ox existing right-of-way data available to it.
(c) Blank nylars for this project shall be supplied by the City.
(a) Provide review of consultant's submittal in accordance with the
agreed schedule.
(e) Provide payment of approved invoices within 30 days of receipt.
I11 PROGRESS AND COMPLETION --
The work (designated as the preliminary civil design package)
under this contract will begin within ten days after receipt of
notification to proceed by the City and be completed within three
months of that date. The Consultant will begin work on the final
design package upon receipt of approval of the preliminary civil
design package and will be completed within two and one-half 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
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this Pxojcct. Extensions of time may be granted if requested by the
Consultant and agreed to in writing by the City Engineer. In con-
sideration of such rcqucsts of cxtension of time, the City Engincer
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will give allowance for dodumcnted ani substantiated unforseeable and
unavoiedable delays not caused by lack of foresight on the part of thc
Consultant, or delays caused by City inaction or other agencies' lack
of timely action.
. IV. PEES TO RE PAID TO CONSULTANT
The lump sum fee payable according to paragraph V shall be
$47,3?0.50 No other compensation for services will be allowed except
those items covered by supplement a1 agreements per paragraph VII,
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Changes in Work.
V. PAYMENT OF FEES
The Consultant shall be entitled to 25% psyment of lump sum
fee for the civil design package at the time of approval of the
preliminary design package.
After receiving notice to proceed on the final design package,
incremental payments may be authorized upon submission of evidence of
work accomplished up to a total of 75% of total lump sum fee for the
civil design package. Upon final approval of the final design pakcage
an additional incremental 15% will be paid. (Up to 90% of the total
Lump sun fee for the civil design package). The remaining 10% shall
become due and payable at the completion of the construction of
Projkct, but no later than two ycars from date of approval of thc
final. desiin providing all work under this agrecmcnt is completed and
ayprovcd by Engineer.
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VI. FINAL SURMISSXONS
WiLiiin 10 days of the approval of thc final design package,
ttrc Coiisu 1 t ant w ill de 1 ivcr :
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I.
(a) Original mylars at scale of thc drawings rcproduciblc on
standard 24" by 36"shcets. Quality of mylars submitted shall
be subject to the approval of the City.
(b) ALL final engineering certificatons and documents.
The plans shall be signed and certified to correctness by
a registcred civil engineer and by a soils and landscape
architect as appropriate.
. (c) Fifty copies of the plans and spccifications in a
form suitably bound and on whi.lte paper. A reduced set of
drawings shall be bound into each set of specificatons.
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VII. CHANGES IN I?ORK
.* If, in the course of this contract and desi.gn changes seem
merited to the Consultant or to the City, and informal
consultations with the other party indicate that: a change in the
conditions of the contract is warranted, the consultant or the City
may request a change in 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. After reaching mutual agreement on the
proposal, a supplemental agrccrnent shall bc prepared by the City and
approved by the City Council. Such supplemental agreement shall not
rendcr incffcctive or invalidate unaffected portions of the
ngrcement. Changes requiring immediate action by the Consultant or
City shall :be ordered by t.hc City Enginccr who will inform a principal
of thc ~onsuLtant's, firm of the necessity of such action and follow
up wi.th a suppl.cnicnta1 agrccmcnt covcrinp, such work.
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thereupon, has five working days to deliver said documents owned by
the City and aL1 work in progress to the City Engineer. The City
Engineer shall make a determination of fact based upon the documents
delivered to City of the percentage of work which the Consultant has
performed which is acceptable in compliance with the scope of worltand
* 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. Final paymeat shall be
in compliance with the Code of Federal Regu’lat ions.
XII, DISPUTES
If a dispute should arise regarding the performance of work under
this agreement, the following procedure shall be used to resolve any
question oE 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 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 benefit t.o both parties. The
City Engineer or principal receiving the letter shall reply to the
letter along with a recornmended method of resolution within tcn days.
Zf the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining Lhe dispute shall bc forwarded to the City
Council for thcir resolution through the office of the City Manager.
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The City Council may then opt to consider a dircctcd solution to the
problem. In such cases, tlic nction.oZ the city Council shall be
binding upon &tic partics involved, altliough nothing in this proccdurc
~11~11 prolii.bit. the parties r;cclcing rcmcdics available to 1:hcin at. lnw,
XIXI.
L m FY ,*.
RESPONSIBILITY OF TIlE CONSULTANT
The Consultant is hired to render professional services of
'desi.gning and providing drawings for bridge and street design, any
payments made to Consultant are compensation solely for such services.
Consultant shall certify as to the correctness of all designs and
sign all plans, specifications and estimates furnished with Registcrcd
- Civil Engineer's number, ~ ...
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XIV. SUSPENSION OR TERMINATIOM OF SERVICES :-
This agreement may be terminated by either party upon tender-
ing 30 days written notice to the other party. In the event of such
suspension or termination, upon request of the City, the Consultant
shall assemble 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 not exceed the guaranteed
.. total maximum. The City shall make the final determination as to the
portions of tasks completed and the compensation to be made.
Compensation to be made in compliance .with the Code of Federal
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Regulations.
XV. STATUS OF THE CONSULTANT
The Consultant shall perform thc services provided for herein in
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Consultant's own way as an independent contractor and in pursuit of
Consultant's Xndcpcr~dcnt callirrg, and not as an crnployce of tlic City.
' Consultant shall be undcr control of thc City only as to the rcoult to
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be .accomplished and thc personncl ascrigncd. to the project, but shall
consult wi.th thc City us provided for in the request for proposnl.
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XVI. CONFORMITY TO LEGAL REQUIREMENTS -
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local. Consultant shall provide all necessary supporting documents,
to be filed with any agencies whose approval is necessary for the
design of this project.
The city will provide copies of the approved plans to any
other agencies.
XVII. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and
specifications as herein required,are the property of the 'City,
whether the work for which they are made be executed or not. In the
event this contract is terminated, all docurncnts, plans,
specifications, drawings, reports and studies shall be delivered
forthwith to the City. Consultant shall have the right to make one
copy of the plans for his/her records.
The City, its agents, officers and employees shall not be
liable for any claims, liabilities, peiialtics, fines, or any damage to
goods, properties, or effccts of any person whatever, nor for pcrsonol
injuries or dcat-ti caused by, or resulting from, or claimed to hove
been caused, by, or resulting from, any act or omission of Consultant
or Consultant's a'gents, cmployces or representatives. Consultant
agrccs to defend, indemnify and save frec and haralcss the City and
ita authorizcd agents, officers, and cmployccs against any of ttic
foregoing liahilitics or claims of any kind and any cost and cxpcnsc
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that is incurred by thc City on account of any of thc forcgoiiic
.
contractor, or any subcontractor in connection with the construction
of the project, shall become directly or indirectly 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.
XXII, VERBAL AGREEMEKT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
or einployee of the City, either before, during, or after the execution
of this contract, shall affect or modify any of the terms or
obligations herein contained nor such verbal agreement or conversation
entitle the Consultant to any additional payment whatsoever under the
*. terms of this contract.
XXIIZ.SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph XVIII, Hold Ila'rmless
Agreement, all terms, conditions, and provisions hereof shall insure
to and shall bind each of the parties hereto, and each of their
respkctivc heirs, executors, administrators, ~uccessors and assigns.
XXIV. E?FECTJ.VE DATE
This agrccmcnt shall bc effective on and from thc day and
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year first abovc written. .. .'
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XXV. CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement
with the City Clerk of the City of Carlsbad.
report investments or interests in real property within the
The Consultant shall
* jurisdictional limits of the City of Carlsbad.
IN WITNESS WHEREOF, we have hcre'unto set our hands and seals,
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CITY OF CARLSBAD
ATTEST:
-. Assistant Cj.ty Attorney
KERCHEVAL AND ASSOCIATES, INC . ...
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. ‘DESIGN ACT~VITY C~CAL PATH n
NOTlCE TO PROCEED-
IO Days
Start Pi- e Iirnin ar v
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Start - Final
”
Horizon t a1 Alignment
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Drainage Determination
Vertical Alignment
Profile and Cross Sections
Final Structural Design
45 Days
Earthwork
Vertical Alignment
Profile and Cross Sections
itr uctural
Quantity and Cost Estimate
,,,Plan Check
0 70% Submittal
Finalization 4 I
Days
Plan Check
pi$ I(
_I 6 a. 30% Submittal
Days
IO Days
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Proiect Lacation
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Plan Scale -
- Righ t-o f -Way
Curb-to-Curb Width -
Design Speed -
Max. Road Grade -
Min. Road Grade -
Sidewalks -
Street Lights -
Traffic Signals -
Landscaping -
Min. RR Clearance -
Access to Adjoin- ing Property -
.'. DESIGN CRITERIA 9 -I
POINSETTIA LANE PROJECT
Roadway Plans 40 scale Horizontal
20 scale Vertical
Bridge Plans shall conform to Caltrnns Bridge
Design Manual
102 feet min.
82 feet; 4 1anes"md 18 foot median
30 miles per hour
7 -0%
0.5%
5 foot min. both sides
Not included
Not included
Shall include fill slopes only
W/O irrigation system
23 ft. - 0 in. Vertical
8 ft. - 6 in. Horizontal
None
TOTAL 22 496 8, 617, 00 554 63 5,895. c
1. SUBSURFACE INiJEST I GAT I ON =. 2. TUFOGRAF‘HIC SUF:VEY - - 3. FIELD I NVEST I GAT I ON -
4. F;EFF:ODUCT I ON -
5. OTHEF: SPECIAL COSTS -
6. TRAVEL -
TOTAL SECTION ‘€3’ -
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TOTAl DESIGN FEE = 47 370.50
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RESOLUTION NO. 7144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER OF FUNDS FOR THE POINSETTIA. LANE CONSULTANT CONTRACT
BE IT RESOLVED by the City Council of the City of Carlsbad as follows:
1. That the transfer of Fi fty-Two Thousand, Seventy Dollars ($52,070)
from the Occidental Trust Account, Account No. 80-90-07-00519, to the Poinsettia
Lane Improvement Project, Account No. 30-18-40-3079, is hereby authorized and
approved.
2. That the Department of Finance Fund Transfer No, 59 on file in said
Department and incorporated by reference herein is approved.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad,
California, at a regular meeting held the 15thday of
the following vote, to wit:
, 1983, by
AYES: Council ragnbers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
ATTEST :
I MARY H. CAgER, Mayor
(SEAL) i
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.- 1 .. AuihorSze Project 6- 17- 82 6- 17- 82 AGREEM'ENT !dITH--OCCIDEMTAI . . '
-. 2 Authorize Fmding 2-15-83 .' . CONSULTANT AGREEMENT
.. . '2-25-83. ' 3 Start Design -.
8-2-83 4 Authorize to Advertise
'PROJECT _I_- STATUS RCPCRT
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PROGRESS .' SCHEDULED
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.. .. . 'COMMERTS . ACTU.AL
AS 0F:'FEBRUARY 4,. 1983
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-_c CLIENT :
SCOPE OF PROJECT: DESICN AND CONSTRUCT POISSETTI+A LANE BRIDGE OVER RAILROAD
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PRE-CONSTRUCTION DESIGN:
ESTIf+ATES II AND
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CONSTRUCTION - CONTRACT
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REI.?I\RKS : 1) Per Agenda Bill 7260, dated Janua5 11, 1983 *
2)
3)
Per memo from City Engineer to Finance Director, dated January 14, 1983
Per Purchase Order 9089, dated August 4, 1982
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Frederick Warren Dow
5080 Carlsbad Boulevard
Carlsbad, California 92008
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February 22, 1983
Mayor Mary Cassler
Member of the City Council
City Hall
Carlsbad, California 92008
This letter is written to oppose the widening of Carlsbad Boulevard.
My opposition is based on five factors:
(1) This project is totally unneccessary and a waste of tax payers money.
A parallel 8 lane highway is only a few blocks east of the proposed construction.
(2) It representa a dangerous intrusion on the delicate environmental
balance of the Aqua Hedionda Lagoon.
(3) It will eliminate most of the current parking at the beach, making
beach access much more difficult.
(4) Introduction of a four lane highway into the beach area and Carlsbad
Boulevard residential area will endanger children and increase noise pollution.
(5) The road is currently subject to erosion and closing during winter
storms. Oceanographers at Scripps have forecast increased severity of these
storms during the next decade.
If necessary the bridge should be repaired without widening the highway.
A better option would be to close the bridge and turn the present road into a
pedestrian mall, increased parking and more beach access.
Very truly yours,
Frederick W. Dow