HomeMy WebLinkAbout1988-07-19; City Council; 9549; State boating & waterways funding agmt/applicationCI' - OF CARLSBAD - AGENE BILL
1EPT.L
RECOMMENDED ACTION:
4dopt Resolution No. fl25.3 approving a Consultant Agreement with
loodward-Clyde Consultants for a feasibility study for permanent
?rotection to Carlsbad Boulevard between Agua Hedionda and Tierra
iel Oro and authorizing Staff to formally apply to the State of
2alifornia Department of Boating and Waterways for project funding.
ITEM EXPLANATION:
rhe City is scheduled to widen Carlsbad Boulevard from the Agua 3edionda Bridge south to Tierra del Oro. A portion of the
iighway, between the two SDG&E jetty structures along the west side, has traditionally washed out during periods of heavy storms. Staff is reluctant to recommend proceeding with the construction of
this vital portion of highway at this time without exploring
3lternatives to provide permanent protection.
rhe State of California Department of Boating and Waterways is in the process of assembling its draft 1989-90 budget which includes projects at the local level dealing with beach erosion and shod protection. Staff recommends the City Council approve the attached Resolution formally requesting inclusion in State Boating and Waterways budget and assistance in funding a permanent method of protecting Carlsbad Boulevard in this area. This program is
identical to the funding mechanism secured in 1985 for the Carlsbad Boulevard Seawall.
The attached Consultant Agreement with Woodward-Clyde Consultants
will provide the necessary feasibility study required to accompany the local agency requesting Resolution to State Boating and Waterways. The Woodward-Clyde Group performed an identical
feasibility study in 1985 on behalf of the City and assisted in
coastal engineering and design studies with Boating and Waterways
for the Seawall project. The feasibility study scope of work will include preparation of documentation regarding existing site
conditions, onshore and offshore topographic data, geology and geotechnical data, coastal design information and a history of
erosion and damage to this segment of the coastline. Additionally, the consultants will prepare preliminary coastal engineering design criteria as well as explore preliminary alternative designs. A
preliminary cost estimate for the selected alternative will be
prepared and an estimated cost/benefit ratio analysis will be
conducted. The feasibility study will be completed within thirty
(30) days to coincide with Boating and Waterways budget schedule.
Staff recommends approval of the attached Consultant Agreement.
FISCAL IMPACT:
The State of California Department of Boating and Waterways Beach Erosion and Shore Protection program traditionally distributes financial assistance on a 75% State and 25% local ratio.
Page 2 of Agenda Bill No. ')sL/?
A permanent method of protecting Carlsbad Boulevard in this area
could potentially cost up to $2,000,000.
The attached Consultant Agreement with Woodward-Clyde Consultants for the required feasibility study analysis will be performed for a fixed fee, not to exceed $15,000. The City Council has previously appropriated a total of $2,200,000 from a combination of sources for construction of Carlsbad Boulevard Phase 11. Sufficient
funding for this feasibility study exists in project account no.
300-820-1840-3205. Staff recommends approval of the attached
Consultant Agreement.
EXHIBITS :
1. Resolution No. ff*-?53 approving a Consultant Agreement for the preparation of a feasibility study and formally requesting inclusion in the State of California Department of Boating and Waterways budget funding for a permanent solution protecting
Carlsbad Boulevard.
2. Consultant Agreement with Woodward-Clyde Consultants.
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88-253 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FORMALLY REQUESTING THE
STATE OF CALIFORNIA DEPARTMENT OF BOATING
AND WATERWAYS INVESTIGATE POTENTIAL SOLUTIONS
TO PROVIDE PERMANENT PROTECTION TO CARLSBAD
BOULEVARD AND ASSIST IN PROJECT FUNDING AND
APPROVE A CONSULTANT AGREEMENT TO PREPARE A PROJECT FEASIBILITY STUDY WITH WOODWARD-CLYDE
WHEREAS, the City Council of the City of Carlsbad,
California, hereby finds it necessary, desirable and in the
public interest to investigate potential long term, permanent
solutions to protecting Carlsbad Boulevard from the Agua
Hedionda Bridge southerly to Tierra del Oro, which is a vital
major circulation arterial highway in both the City's and the
County's circulation plans; and,
WHEREAS, the State of California Department of Boating
and Waterways administers a Beach Erosion and Shoreline
Protection Program designed to fulfill State interests and
assist local agencies in protecting vital public and private
shoreline interests; and,
WHEREAS, the City Council of the City of Carlsbad does
hereby formally request the State of California Department of
Boating and Waterways include in its next available State budget
cycle funding to assist the City with the design,
administration, permit acquisition and construction of a
permanent solution to protecting Carlsbad Boulevard within the
City of Carlsbad; and,
WHEREAS, the City Council of the City of Carlsbad does
hereby offer to State Boating and Waterways its assistance and
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cooperation in this mutually beneficial effort: and,
WHEREAS, the City Council of the City of Carlsbad finds
it necessary, desirable and in the public interest to direct
preparation of a feasibility study in accordance with State
Boating and Waterways requirements to affect this project.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. That the above recitals are true and correct.
2. That the City Council of the City of Carlsbad does
hereby formally request the State of California Department of
Boating and Waterways include funding in its next available
State budget cycle funding to assist the City with the design,
administration, permit acquisition, construction, and all other
aspects of a permanent solution protecting Carlsbad Boulevard
within the City of Carlsbad.
3. That the City Council of the City of Carlsbad does
hereby submit to the State of California Department of Boating
and Waterways for its review and consideration a feasibility
study when completed by Woodward-Clyde Consultants on behalf of
the City of Carlsbad identifying potential alternatives and
related data for the project.
4. That the City Council of the City of Carlsbad hereby
offers to State Boating and Waterways its assistance and
cooperation in this mutually beneficial project of public
necessity.
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5. That a Consultant Agreement between the City and
Woodward-Clyde Consultants is hereby approved and the Mayor and
City Clerk are authorized and directed to execute said
agreement. The City Clerk is further authorized and directed to
forward a copy of the signed agreement to Woodward-Clyde
Consultants as well as the Municipal Projects Department for
processing.
PASSED, APPROVED AND ADOPTED by the City Council of the
day City of Carlsbad at its regular meeting held on the 19th
of July , 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST : aQ&- d.Q- ALETFA L. RAUTENKRANZ, Cit$ Clerk (SEAL)
AGREEMENT FOR
CARISBAD SHORE PROTECTION STUDY
/e
THIS AGREEMENT, made and entered into as of the Wh day of'
July, 1988, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as llCity,tl and Woodward-
Clyde Consultants, hereinafter referred to as
RECITAIS
City requires the services of an Engineering consultant to
provide the necessary engineering services for preparation of a
feasibility study for the Carlsbad Boulevard Shore Protection;
and
Consultant possesses the necessary skills and qualifications
to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and Consultant agree as
follows:
1. CONSULTANT S OBLIGATIONS
Provide a feasibility study analysis and related information
to assist City in evaluating potential designs of shore
protection measures along the west side of Carlsbad Boulevard in
accordance with attached Scope of Work identified as Exhibit A
and incorporated by reference herein.
2. CITY OBLI GATIONS
The City shall provide
(a) Available beach surveys and profiles as well as other
materials including maps, plans, specifications, and
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other available data and information to assist
Consultant.
3. PROGRESS AND COMPLETION
The work under this Contract will begin immediately after
receipt of notification to proceed by the City and be completed
within thirty (30) days of that date. Extensions of time may be
granted if requested by the Consultant and agreed to in writing
by the City. In consideration of such requests, the City 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. FEE S TO BE PAID TO CONSULTANT
The lump sum fee payable according to Paragraph 5, "Payment
of Fees,'# shall be $15,000. No other compensation for services
will be allowed except those items covered by supplemental
agreements per Paragraph 7, IlChanges in Work.11
5. PAYMENT OF FEES
Payment of fees shall be on a monthly basis. Invoices
submitted by the 1st of the month for payment 30 days hence.
6. FINAL SUBM ISSIONS
Consultant shall provide ten (10) copies of the final
feasibility study report to City upon completion of work.
7. CHANGES IN WORK
If, in the course of this Contract and design, changes seem
merited by the Consultant or the City, and informal consultations
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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 by 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 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 of the Consultant's
firm of the necessity of such action and follow up with a
supplemental agreement covering such work.
8. DESIGN STANDARDS
The Consultant shall prepare the feasibility study report in
accordance with the design standards of the City of Carlsbad and
recognized current design standards in the industry. Applicable
City of Carlsbad Standards and Regional Standards shall be used
where appropriate. Copies of such standards shall be obtained
from the City of Carlsbad.
9. COVENANTS AGAINST CONTINGENT 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,
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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 consideration
contingent upon, or resulting from, the award or making of this
agreement. For breach or violation of this warranty, the City
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.
10. NONDISCRIMINATION CLAUSE
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 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 (5) working
days to deliver said documents owned by the City and all work in
progress to the City. The City 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.
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12. DISPUTES
If a dispute should arise regarding 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 or the City. 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 or principal receiving
the letter shall reply to the letter along with a recommended
method of resolution within ten (10) 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 resolution through the Office of the City Manager. The
City Council may then opt to consider 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. pE SPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services for
a feasibility study of Carlsbad Boulevard Shore Protection and
any payments made to Consultant are compensation solely for such
services. Consultant shall certify as to the correctness of all
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designs and sign all plans, specifications, and estimates
furnished with Registered Civil Engineer's number, (or Landscape
Architect's registration number.)
14. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either 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 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 Regulations.
15. 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 Consultant's independent calling, and not as an
employee of the City. Consultant 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
provided for in the request for proposal.
The Consultant is an independent contractor of the City.
The payment made to the Consultant pursuant to this contract
shall be the full and complete compensation to which the
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Consultant is entitled. The City shall not make any Federal or
State tax withholdings on behalf of the Consultant. The City
shall not be required to pay any workers' compensation insurance
on behalf of the Consultant. The Consultant agrees to indemnify
the City for any tax, retirement contribution, social security,
overtime payment, or workers' compensation payment which the City
may be required to make on behalf of the Consultant or any
employee of the Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the
Immigration Reform and Control Act of 1986 and shall comply with
those requirements, including, but not limited to, verifying the
eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this
agreement.
16. CONFORMITY TO LEGAL REOUIREMENTS
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.
The City will provide copies of the approved plans to any
other agencies.
17. 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 to be executed or not.
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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 AGREEMENT
The City, its 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 claimed to have been
caused by, or resulting from, any intentional or negligent acts,
errors or omission of Consultant or Consultant 1 s agents,
employees, or representatives. Consultant agrees to defend,
indemnify, and save free and harmless the City and its officers
and employees against any of the foregoing liabilities or claims
of any kind and any cost 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.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any part
thereof or any monies due thereunder 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
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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 shall 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 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.
21. 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 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
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.
22. VE RBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
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or employee 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 entitles the Consultant to any additional payment
whatsoever under the terms of this Contract.
23. SU CCESSORS 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 shall 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.
26. INSURANCE;
The Consultant shall obtain and maintain a policy of
liability insurance from an insurance company authorized to be in
business in the State of California, in an insurable amount of
not less than one million dollars ($1,000,000) . This insurance
shall be in force during the life of this agreement and shall
not be cancelled without ten (10) days prior notice to the City.
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The City shall be named as an additionally insured on this
policy. The Consultant shall furnish a certificate of said
insurance to the City upon request.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
APPROVED AS TO IXOFU4:n.
-L MayorL
ATTESTED :
City Clerk
Exhibit "A"
1550 Hotel Circle North
San Diego, California 92108
Fax: (619) 293-7920
619-294-9400
Woodwar &Clyde Consultants
June 27,1988 Project No. 885 1268P
RECEIVED
City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009
Attention: Johncahill Director of Municipal Projects
JUN 28 1388
MUNICIPAL PROJE!C-T3 DlVlSlONl
PROPOSAL FOR FEASIBILITY STUDY CARLSBAD BOULEVARD SHORE PROTECI'ION
CARLSBAD, CALIFORNIA CARLSBAD STATE BEACH - AREA 3
Gentlemen:
In accordance with your verbal request, we are pleased to present this proposal to prepare a feasibility study for the design and construction of shore protection along the west side of Carlsbad Boulevard in Area 3 of the Carlsbad State Beach - General Plan. It is our understanding that the City of Carlsbad plans to widen Carlsbad Boulevard from approximately the new bridge at the entrance to Agua Hedionda lagoon to Cannon Avenue. A portion of this roadway between the lagoon entrance jetty at the north and the SDG&E powerhouse outlet, jetty at the south (approximately 2,500 feet) passes through a low area adjacent to the beach. This area is subject to erosion due to tidal and wave action during storms and it is our understanding that the City of Carlsbad wishes to provide shore protection along this area to protect the proposed new roadway improvements.
The purpose of our work would be to prepare a feasibility study for the project which would include a review of the existing site and coastal conditions, a geotechnical investigation, coastal data and design calculations, preliminary design criteria, preliminary design schemes and economic considerations.
SCOPE OF WORK
The purpose of our study will be to provide information and assist the City of Carlsbad in evaluating the site for the subject project design. In particularly, our feasibility study is designed to include the following:
Task No. 1 - Review available information in WCC files, from the City of Carlsbad and from other sources in regard to site conditions, on-shore and off-shore topographic data, geology and geotechnical information, coastal design information and history of erosion and damage to this segment of coastline. Field check existing conditions.
Task No. 2 - Perform a geotechnical investigation, including geological reconnaissance and test brings. The geological reconnaissance will consist of a visual
Consulting Engineers. Geologists and Environmental Scientists
Offices in Other Principal Cities
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, City of Carlsbad Project No. 8851268E. June 27,1988 Page 2
Task No. 3 -
Task No. 4 -
Task No. 5 -
Task No. 6 -
Task No. 7 -
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SCHEDULE
examination of local soil, beach and geologic conditions and existing erosion conditions. It is proposed to make four (4) test borings extending to depths of 20 to 40 feet below the existing Carlsbad Boulevard surface elevations. Soil samples shall be obtained from the test borings and classification and index property tests will be made on selected soil samples.
Prepare preliminary coastal engineering design criteria. Coastal data for tidal ranges, storms, wave characteristics and beach slopes obtained from the Corps of Engineer, City of Carlsbad and other sources will be evaluated and used to develop coastal engineering design criteria.
Make preliminary evaluations of several possible alternative designs, including a stone revetment, reinforced earth wall and a vertical anchored or cantilevered wall. Review the advantages and disadvantages of the structural alternatives. Select a preliminary design scheme.
Prepare a preliminary cost estimate for the selected anticipated project. This would include supervision and administration, engineering and design, construction and maintenance.
Make an estimate of the benefits of the project calculated by comparing the existing facilities and area use to the probable conditions assuming no protection is pmvided Determine approximate benefit-cost ratio.
Prepare a feasibility study report. The report will be submitted to the City of Carlsbad in preliminary form for staff review. The review comments will be incorporated in the final report. Ten (10) copies of the final report will be issued to the City.
Meetings with City staff. It is anticipated that we will have two meetings with the City staff to discuss our findings during the progress of our work.
It is our understanding that the City of Carlsbad needs the final report prior to August 1, 1988. It is estimated that our work will take approximately four (4) weeks to complete. Tasks 1 through 3 will be completed during the first two weeks. During the third week we would review various alternatives and meet with the City staff, discuss the advantages and disadvantages of each option and prepare a preliminary cost estimate (Tasks 4 and 5). We would also complete Task 6 during this week. The report would be prepared and issued by the end of the fourth week ('Task 7).
In order to accomplish this work by August 1, 1988, we would have to receive authorization to proceed by July 5,1988.
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' City of Carlsbad Project No. 8851268P
Page 3
# June27, 1988
COST
We propose to complete the Scope of Work presented herein for a fixed fee of $15,000. This fixed fee may have to be revised if our work is authorized more than three months from the date of this proposal.
We appreciate the opportunity of offering this proposal, and we look forward to working with you on this assignment. If you have any questions, please give us a call.
Very truly yours,
WOODWARD-CLYDE CONSULTANTS
Louis J. Vice President