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HomeMy WebLinkAbout1986-01-21; City Council; 8484; Carlsbad Bl Seawall Design Consultant AgmtI CI 3F CARLSBAD - AGENL 3lLL iB# fdfd IIITG. 0 112 1/86 DEPT. H TITLE: CITY MGR.Z 1EPT.h CITY ATTY TB2 RECOMMENDED ACTION: CARLSBAD BOULEVAXD SEAWALL DESIGN CONSULTANT AGREEMENT _I By motion adopt Resolution Cqo. p3'7 authorizing the Mayor to execute a Consultant Agreement. - ITEM EXPLANATION: The recommended Consultant Agreement covers the design of the Carlsbad Boulevard Seawall. Woodward Clyde Consultants will I begin immediately and has sufficient staff to complete the design within 120 days. The City Council certified the Final EIR for this project on January 7, 1986. The City needs to acquire two easements from the State Department of Parks and Recreation for this project; a permanent/perpetual easement for the completed facility itself and a temporary "construction easement" for a slightly larger area, required to facilitate construction of the project. The Design Consultant needs to complete the Preliminary Engineering Design before State Department of Parks and Recreation will consider granting the easement(s) needed by the City. State Department of Boating and Waterways has agreed to fund 75% of the Preliminary Design (cost = $95,000; State's share = $71,250) before these easements are granted by State Department of Parks and Recreation. If negotiation for either or both of these easements are unobtainable, attached Consultant Agreement will be terminated immediately (in accordance with Clause 14). FISCAL IMPACT: The '85-'86 CIP estimated total cost for this project is $3,620,000. Seventy-five percent (75%) of the funding for this project wili be provided by the State of California Department of Boating and Waterways. Sufficient funds have been appropriated, as part of the 1985-86 CIP, to provide the City's twenty-five percent (25%) share ($37,500) of the design costs ($150,000) and are availab1.e in the project account number 140-e20-18-90-3185. EXHIBITS: 1, Agreement between the City and the State Department of Boating and Waterways which provides partial funding for this project. 2. Resolution NO. &r7 authorizing the Mayor to execute a Consultant Agreement. WBAD BOULEVARD SRORE PROTECTION PROJECT AGREENENT THIS AGREEb!ENT is entered into on 3u\j 1 , 1985, by and between the CITY OF CARLSBAD (CITY) and the STATE OF CALIFORNIA, acting by and through its DEPARTMENT OF BOATING AND WATERWAYS (DEPARTMENT). I. RECITALS (a) The 40-foot high bluffs in front of Carlsbad Boulevard at Carlsoad State Beach from Oak to Tanarock Avenue . is being continually eroded by waves from the Pacific Ocean and is in need of permanent protection; and (b) Continued erosion threatens public facilities and improvements, including Carlsbad Boulevard, located along the - bluff top. The City is empowered by Section 5157.5 of the Public Resources Code to participate in Projects and to take actions necessary to protect the public facilities and improvements and to protect the public health, safety, and welfare caused by continued bluff erosion. This project will prevent further bluff erosion and further threats to the public facilities and improvements. The City is authorized to participate in the project. (c) DEPARTMENT is authorjzed under Section 65.2, Article 2.5, Chapter 2, Division 1 of the California Harbors and Navigation Code, to prepare plans for and construct works for beach erosion control and stabilization of beaches and shoreline areas, to the extent that funds are available; and (d) DEPARTMENT is authorized by said section to cooperate with other governmental sgencies in the preparation of such plans and in such construction; and (e) The contracting agencies herein are public agencies within the meaning of Section 6500 of the Government Code; (f) The powers the exercise of which are contemplated by this agreement are comnton to the contracting parties herein. 11. GENERAL CONDITIONS 1. DESCRIPTION OF WORK. The work to be performed under this agreement shall, insofar as funds are available, consist Of the construction of approximately 4400 linear feet of seawall along the toe of the bluff at the Carlsbad State Beach shoreline from Oak Avenue to the Aqua Eedionda Lagoon entrance jetty (PRCJECT). - 2. PLANS Ah?) SPECIFICATIONS. The plan for work shall be approved by DEPARTMENT in writing prior to advertising for bids and no change in the plan sha.11 be made without the advance written approval of DEPARTMENT. (a) CITY agrees to perform, or cause to be performed, the work specified in the approved plan. (b) The work undertaken by the CITY shall have the Plans and Specifications approved by the DEPARTMENT and shall be constructed and performed in accordance with the law applicable to the CITY'S public works projects and with the State Contract Act, provided that if the CITY'S public works law and the State Contract Act conflict, the latter shall govern. 3. PERFORHANCE OF WORK. (a) CITY shall do, or cause to be done, under its direct 2 supervision, the work provided for under this agreement; such work -shall be 'performed to the satisfaction of DEPARTMENT and shall be subject at all times to their inspection and approval. To this end, the CITY shall allow the DEPARTMENT reasonable access to the work site. The CITY shall assign one inspector to the project on a full time basis at any time that the Contractor is a actively working on the project site. (b) If design and/or construction adrninstration is to be performed by consultants, the DEPARTMENT shall participate in an advisory capacity in the evaluation of the Consultants and may conmunicate directly with the Consultant during design and construction. (c) If the work is to be performed by contract, a summary of the estimates, bid, and contract shall be forwarded by CITY to DEPARTMENT for approval prior to award. )Io payment shall be made for work performed on any such contract awarded by CITY until said approval has been obtained. Performance and lsbor and materials bonds shall be provided by the Contractor in an amount equal to 100 percent of the contract work to insure completion. (d) Insofar as CITY may be authorized by DEPARTMENT to perform any part of the work with its own forces, CITY- owned equipment used for said work nay be charged at the rental rates established heretofore by CITY, if such rates have not been so established, allowance for use of such equipment may be charged as approved by DEPARTMENT. - 3 (e) CITY shall di1:gently prosecute and cor!plete work within eighteen months from the date of this aoreenent. (f) During the progress of the work, all data and recocds Pertaining thereto, in the possession or control of either patty shall be rnade fully availzble to the other for the due ar.d proper accomplishment of the purposes and objectives thereof. 4. FUKDDS. (a) For work undertaken by the CITY, the DEPARTMENT shall, subject to terms of this agreement, reirrburse CITY for SEVENTY-FIVE PERCENT (75%) of the cost of the work described in paragraph 1, provided that such reinburement shall not exceed $2,915,000. Any reirbursement exceeding . $2,715.000 shall require prior approval by the California Department of Finance. Cost of performing construction work shall include, but not be linitec! to payments to CITY'S contractor, work performed by its own forces as described above, necessary engineering design, supervision, and inspection (CONSTRUCTION COSTS). DEPARTMENT shall under no circumstances be obliged to expend for or on account of work provided for under this agreement any amount in excess of funds herein made available. (b) The obligations created by this acjreeaent respecting DEPARTHEN" and the CITY are contingent upon the appropriation by the California State iegislcture of funds intended to finance the work described by paragraph 1 of I 4 this agreement. Further, should the CITY make any Commitments prior to the effective date of this agreement as to all Or part of $2,915,000 amount made available by this agreement, DEPARTMENT shall regard all such commitments to be obligations of the CITY only: DEPARTMENT shall not approve the expenditure of any funds under this agreement to cover any costs incurred by the CITY as a result of such commitments. (c) None of the funds made ava'ilable under this agreement are to be used to pay CITY'S general overhead or administrative costs, including, but not limited to, its legal, clerical, or other personnel expenses, except to the extent that such costs are directly attributable to the subject project and are approved by DEPARTMENT. (d) Payments to cover the costs of construction may be made either (1) through advances or (2) in arrears. - 1. Advances shall be subject to the following conditions: a) The CITY may request an advance from the DEPARTMENT to cover the CONSTRUCTION COSTS expected to occur in the succeeding THIRTY (30) aay period. b) Requests for advances may not be made more than once every THIRTY (30) days. c) All advanced funds shall be deposltea in an account which shall reflect all receipts and expenditures of such funds. 5 d) All expenditures of acivanced fur?ds shall be . made only after receiving the written approval of the DEPARTMENT; requests for such approval Fust be acconplished by invoices or other evidence of CQNSPRUCTIOB COSTS and may be na6e only once every TZIRTY (30) days. e) The CITY shall request DE?ARTbiE!iT approval Of the final expenditure of advmced funds n.0 later than THIRTY (30) days following the DEPARTMENT approval of CONSTRUCTION acceptance. f) The DEPARTKENT nay withhold from the advznces an arcount equal to Ti?Y PERCEKT (10%) of approved CONSTRUCTION COSTS until the DEOAFTHENT has approved the acceptace of the COl<STSUCTIOM. 9) AI.1 fl?nCis advanced by the DZPA2TBENT to the CITY shall reaain the property of the DEPAXTHEIUT until such funds are approved for expenditure by the DEPhRTb5ENT. h) The CITY may invest any advznced funds that are not required to meet immediate contractual obligations; my interest accrued from such investments shall be deposited in the above specified account and sl:all be used to help Fay the COBSTBUCTION COSTS. 6 i) Tne CITY shall return to tile DE_3A:CliE:.:T a~>y . advanced funds renaining in tke account aftc-r all CONSTRUCTION COSTS have beep paid; suclh funds shall be returneci to the 3EPARTSZXT no later than SIXTY (60) days following d?.te of acceptance of the construction by the CITY. 2. Payments made in arrears shall be made as follows: CITY shall render to DEPARPi.!ENT, monthly, in triplicate, full and complete statements oE all expenditures and expenses incurred by CITY in the performance of work. Subject to the terns and provisions of this agreenent, D3PARTNE:iT shall, upon approval, reimburse CITY for UEPARTUZtIT's share of all anounts incurred or expended by CITY in performance of said work. The DEPARTMEBT nay stop payment if the CITY fails tc conply with any of the provisions of this agreenent. - (e) DEPARTMENT reserves the right to auciit all records retained by CITY and CITY'S contractor perta.ining to all expenditures and expenses in connectiorl with the performance of said work within one year after conpletion of such work or final payment, whichever is later. Further, all contracts entered into by the CI'I'Y involving an expenditure of Eunu's under this agreemnt sl~ll contzin a provision which indicates that the contracting parties shall be subject to the eczninaticn and zlrdit of the 7 California Auditor General for a priod of three (3) years after final payment under this agreedent. 5. REPORTS. Within SIXTY (60) days after completion of Work, CITY shall file with DEkARTfiZNT a final report of expenditures. All repor:s, plans, specifications, esti::.atcs, statements of expenditures and expenses, end othcr docurLents required to be submitted by CITY to DEPAl?TNEl~lT shall be in a form Satisfactory to DEPARTMENT. 6. OWNERSHIP AND WAINTENANCE. DEPARTbiEMT acquires no ownership or interest in the project constructed pursuant to this agreeaent and shall not be responsible or liable for its maintenance, operation or adequacy. - 7. NISCELLANEOUS PROVISIONS. (a) All disputes concerning questions of fact arisicg under this agreesent shall be decided by the Director of Boating and Waterways, or his authorized representative, and such decisions shall be final and conclljsive upon the parties hereto. (b) CITY waives all claim and recourse against the DEPARTMENT including the right to contribution .for any loss or damage arising from, arowing aut of, or in any way connected with or incident to this contract except claim arising from the concurrent or sole negligence of the DEPARTMENT, its officers, agents and employees. (c) The CITY shall indemnify, holG harmless, and defend the DEPARTREWT, its officers, agents and er51ployees zgainst any and all claims, demands, damages, costs, expenses OK I 0 liability arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the project undertaken through this ayreenent. (dl If the DEPARTMENT is naned as a co-defendant pursuant to Governnent Code Sections 895, et seq. the CITY shall notify the DEPARTZIEh'T and if the DEPARTHENT undertakes its own defense, the DEPARTMENT shall bear its own litigation costs, expenses and attorney's fees. (e) CITY shall procure any and all. permits, licenses or authorization which may be required by federal or state law in reference to said work before paynents will be made under this agreement and no expenditures therefor shall be - chcrgeable against the cost of this project. (f) CITY shall comply with all local, state, .and federal laws and regulations regarding non-discrimination based upon race, color, creed, sex, national or ethnic origin, etc., in the administration or' this contract and any contracts issued as a result of this contrcct. All contrxtors and subcontractors shall be required to conply with this condition. (9) The waiver of a breach of any of the provisions of this agreement shall not be deened to be a waiver or' any other provisions hereof, or of a subsequent breach of such provisions. (h) Notwithstanding cnything herein contained to the contrary, this agreement may be terminated 2nd the provisions of this agreenent xay be altered, chanqed or 9 amended, by mutual written consent of the parties hereto. 8. TERN OF AGREEIIEMT. The tern of this agreement shall begin on its effective date and continue ~OK two years from such date. CITY OF CAFSSBAD STATE OF CALIFGRKIA AlJD WATERWAYS DEPAfiTllENT OF EOATIKG I hereby certify that all conditions for exenption set forth - in State Administrative Eianual Section 1209 have been complied with and this a'ocunent is exenpt fron review by the Department of Finance. Director 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AND WOODWARD CLYDE CONSULTANTS FOR ENGINEERING SERVICES FOR THE CARLSBAD BOULEVARD SEAWALL (CIP PROJECT NO. 3185) The City Council of Csrlsbad, California does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and rloodward Clyde Consultants For engineering design services for the Carlsbad Boulevard Seawall (CIP Project No. 31851, attached iereto a3 Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby euthorized and directed to execute said agreement For and on jehalf OF the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular :arlsbad City Council held on the 21st day of !966, by the Following vote, to wit: AYES: Council Menbers Casler, Lewis, Kulchin, Ch NOES: None meeting of the January - 9 lick and Pettine ABSENT : None 9TTEST: MARY H..' CASLER, Ma:.cr RLETHA L. RAUTENKRANZ, City Clerk (SEAL) I i I I I ! I I i I I I 1 ! I ! I ! ! i ! AGREEMENT FOR ENGINEERING SERVICES FOR CARLSBAD SEAWALL THIS AGREEMENT, made and entered into as of the - day of 9 19-, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as I*City,** and WOODWARD-CLYDE CONSULTANTS, hereinafter referred to as tlConsultant.'l RECITALS City requires the services of WOODWARD-CLYDE CONSULTANlS to provide the necessary engineering services for preparation of final plans and specifications for Carlsbad Seawall; and Consultant possesses the necessary skills and qualifi- cations to provide the services required by City; NOW, TH€REFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follws: . I. CONSULTANT'S OgLlGATIONS See Attachment A, "Detailed Consultant Scope of Work". EXHIBIT "A" -2- 2. CITY OBLIGATIONS The City shall: A. Make available upon request any existing: plans, easements, street improvements, survey data, hudrau1j.c criteria/calculations in its possession for the proposed work. B. Supply blank mylars (with City title block and borders) necessary for the project. C. Provide review of Consultant's submittal in accordance with an agreed upon schedule. D. Provide payment within thirty (30) days of approval by the City Engineer. 3. PsROCRESS AND COMPLETION The work under this Contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within one hundred twenty (120) days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Engineer. In consideration of such requests, the City Engineer will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The lump sum fee payable according to Paragraph 5, "Payment of Fees", shall be $150,000.00. No other compensation for -3- services Hill be allowed except those items covered by supplemental agree-ments per Paragraph 7, "Changes in Work". 5. PAYMENT OF FEES Psynent of fees shall be upon delivery of approved final documents; with $35,000.00 due upon delivery of an approved preliminary design, and an additional $55,000.00 due upon delivery of the final approved contract documents. 6. FINAL SUBMISSIONS Withir: fifteen (15) days of completion and approval of the final designs, the Consultant shall deliver to the City the following items: A. Original mylars at scsle of the drawings reproducible i will be provided by on standard 24" by 36'' sheets. Blank mylars the City. 6. All final engineering certificat ions and documents. ineer. The plans shall be signed by a Registered Civil Eng 7. CHANGES.IN WORK If, in the course of this Contract and design merited by the Consultant or the City, and informal with the other party indicate that a change in the , changes seem consultations 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 -4- changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Engineer who will inform-a principal cf the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. a. DESIGN STANDARDS The Consultant shell prepare the plans and specificationo in accordance with t.he design standards of the City of Carlsbad and recognized current design practicea. Applicable City of Carlsbad Standards and Regional Standards snall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. 9. COVENANTS AGAINST C0N.TINGENT FEES The Consultant warrants that their firm has not employed or retained 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 ar 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 this agreement. For breach or violation of this warranty, the City -5- sha or, 11 have the right to annul this agreement without 1 in its discretion, to deduct from the agreement iability, price or conaideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift. or contingent fee. 10. NONDISCRIMINATION CLAU5.f The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work ris provided for in this Contract, the City may taminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all 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 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. Final payment shall be in compliance with the Code of Federal Regulations. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedurn shall be used to -6- resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become ident'.fied as a part'of a dispute among persons operatin3 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 to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended methcd of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute.shal1 be forwarded to the City Council for their resolution through the Office of the City Manager.. The City Council may then opt to conaider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. RESPONSIBILITY OF THE EONSULTANT The Consultant is hired to render professional services of designing and drawings for Carslbad Seawall and 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 Registered Civil Engineer's number. -I- 14. SUSPENSION OR TERMIMATION OF.SERVICES This agreement may be terminated by nither party upon tendering thirty (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 terninati.on, 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 thc final determination as to the portions of tasks compXetsd 8nd the compensation to he made. Compensation to be made in compliance with the Code of Federal Regulations. 15. STATUS OF THE CONSULTANT The Consultant shell perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. CGnsultant shall be under cantrol of the City only as to the result to be accomplished and the persofinel assigned to the project, but shall consult with the City as provided for in the request for proposai. 16. CONFORMITY-TO LEGAL REQIJIREMENTS 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 -8- approval is necessary. The City will provide copies of the approved plans to any other agencies. 17. 0WNERSHIP.OF 00,CUMENTS 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 documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 18. HOLD HARMLESS AEREEMENT The City, its" 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, any negligent act or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cos; and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out: of, solely to the City's negligence. -9- 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due therevnder without the prior written consent of the City. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shell create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terns 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. 21. PROHIBITED.INfEREST No official of the City who is authorized in such capacity on behalf OF thn City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly - 10 interested personally in this Contract or in any part thereof. No officer, employee, ~rchitect, 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. 22. VERBAL AGREEMENT OR CONVERSATIOM No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect ar 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. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shell be effective on and from the day and year first above written. 25. CONFLICT OF INTEREST The Consultant shall file. a Conflict of Interest Statement with the City Clerk of the City. of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WOODWARD-CLYDE CONSULTANTS CITY OF CARLSBAD: By Mayor APPROVED AS TO FORM: ATTESTED: By assistant City Att orney City Clerk - Task No. 1 Task No. 2 Task No. 3 Task No. 4 Yask No. 5 Collect and orgacize all data from available sources and initiate contact with all regulatory permitting agencies. -- CARLSBAD SEAWALL -- DETAILED CONSULTANT SCOPE OF WORK (By Phase, by .Tiak to be performed) Phase I: Agen-cy.Contracts and Data Review Phase I Product(s3 Summarize and evaluate the following: o General site conditions; o Alternative seawall designs; o Environmental issues; o List of government agencies' requirements and conditions; o List of additional fund sources' requirements and funded items: and o List of design information required. ATTACHMENT "A" Establish liaison. kith the City of Carlsbad. Identify specific contacts in various State and Federal agencies. permit information will be obtained from each Preliminary comments, designs considerationa and regulatory agency. An on-going liaison with each maintained throughout the regulatory review stage agency will be estebliohed at this time and will be of the project. Establish contact with and determine requirements of additional funding sources (especially thme agencies which will. fund additional facilities nut presently included in the feasibility study). Review informaticn end comments from the feasi- bility stvdy and environmental impact report, as well as other sources. Set-up and conduct a project site visit with ments. government agencies to discuss project require- -2- Phase 1.1 Field Investiqations and Office Studies Develop specific. design criteria and supplemental site condition information. Task No. 6 Arrange for and have photogrammatric mapping and field control surveys performed. Field check utility and storm drain pipe locations. Revisw with the City, its platis for future improvement of Boulevard. the storm water collection system along Carlsbad Establish baseline For future construction surveys. Task No. 7 Perform a geotechnical investigation. Current' bluff and beach profiles will be obtained at this time. lateral earth pressures will be developed for Soil characteristics, bearing values and design. Slope stability analyses will be made. Task No. 8 Develop Coastal Engineering Design Criteria. Task No. 9 seawall designs and beach access locations. Con- Make a preliminary evaluation of possible alternate sider possible alternatives identified in the Environmental Impact Report. Make a preliminary evaluation of possible beach access locations, improvement of lateral acces and areas where eroded land may be reclaimed, Evaluate treatment of current stora water outlet pipes. Phaae.11 Productb) Prepare a design memorandum that includes the following: o Base maps and profiles for design; o Geotechnical Report; o Coastal Engineering Design Criteria; and o Summary including access facilities and miscellaneous of possible alternate designs, improvements. -3- Phase III ' Preliminary Desiqn Task No. 10 Task hlo. 11 Task No. 12 Prepare feasible-design alternatives, check costs, work very closely. with the City so as to :r-::ch a review/incorporate regulatory requirements, md alternative which will be carried to a preliminary rapid consensus of the most favored design design stage. Prepare typical sections, plans aed profiles for cost estimates. alternatives to be considered. Prepare preliminary Include ancillary facilities and/or appurtenances to be funaed by sources identified in Task No. 3, above. Prepare and submit alternate design sections for Whenever feasible, incorporate migitation measures the seawall and beach access stairways for review. identified in the EIR. Incorporate review comments into designa and mcet with City, State and Federal the City, select preferred design. agencies to discuas designs, In conjunction with Prepare and submit ten copies of preliminary plans For selected alternative to city and government agency for comments. Phase I11 Product(s1 A design approach will be selected and approved For preparation of final design plans and sDecifica- t ions. Phase IV Final Desiqn After receiving approval of the desi the preliminary plans from the City Agencies, proceed to prepare documents. gn concept and and Regulatory final design Task No. 13 Prepare detailed contract plans and specifications access stairways and other improvements. Incor- For the entire length of the project seawall, porats all epprepriete mitigation measures identified in the final flR. Task No. 14 Prepare permit applications and support documents. -4- Task No. 15 Submit ten copies of the Final draft of contract plans and specifications to the City and government agencies For , review. Incorporate the review comments. t ions. Complete plan8 and contract specifica- Task No. 16 Prepare coat estimate for final design. Submit originals and twenty-Five copies of the contract plana and-specifications and a summary of the final cost estimate to the city. Phase V Meetinq-5uppart and Requletory Communication Task No. 17 Provide resources necessary to present these studies and design results in whatever public forum the City .feels is neceaaary. meeting Included in Task No. 16 are: one City Council to present preliminary plans and meeting to present final plans and specifications specifications and costs, and one City Council and cost. Other meetings will be attended as and materiels. requested, and at the predetermined rates Cor tire 10/01/85 JLB:Ich \ .. STAR Q CALIFORNIA-TM RESOURCES AGENCY DEPARTMENT OF BOATING AND WATERWAYS YU&MEWC. CA 9SIlCRpl 1629smen P16) -1 January 7, 1986 RECEIVED Mr. Gene Dmovan, City Engineer - City of Carlsbad .. - ,- 1200 Elm Avenue Carlsbad, California 92008-1989 Jh. A .> "% Attention: Mr. Jeffrey Bunnell SUBJECT: Carlsbad Boulevard Shore Protection Project Agreement No. 85-42-100, Carlsbad, San Diego County Dear Mr. Donovan: In confirmation of recent telephone communications between - . Ron Jeepersen and your staff, the Department of Boating and ' Waterway. will reimburse the City for 75 percent of all necessary engineering costs incurred to obtain construction easements and all applicable permits. Costs for the conetructfon contract ca all required permits a easements ,have been obtained. eimbursed unless or until number listed below or call Mr. Ron Jesperson at (916) 322- If you have any question8 or comments, please call me at the 1809. a Sincerely, BILL S. SATOW Assistant Director Beact Erosion Branch 1 (916) 445-8349 cc: Prank Mannen Sandra Schmidt