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HomeMy WebLinkAbout1988-08-23; City Council; 9614; Improvements to Interstate 5 BridgesGIT* OF CARLSBAD-AGENDA BILL MTQ 8/23/88 PEPT. MP TITLE: CONSULTANT AGREEMENT FOR THE IMPROVEMENTS TO THE INTERSTATE 5 BRIDGES AT PALOMAR AIRPORT ROAD, LA COSTA AVENUE AND POINSETTIA LANE O 6 oz3 Oo RECOMMENDED ACTION: Adopt Resolution No. OQ'3/ approving a consultant agreement for Phase I work for the improvements to the Interstate 5 bridges at Palomar Airport Road, La Costa Avenue, and Poinsettia Lane, Project Nos. 3268, 3219 and 3269. Adopt Resolution No. OQ'•*/** approving a cooperative agreement between the City of Carlsbad and the State of California Department of Transportation (CALTRANS) for State project development responsibilities for the Palomar Airport Road bridge improvements. ITEM EXPLANATION; On November 3, 1987, the City Council adopted Resolution No. 9278 authorizing staff to solicit proposals from qualified consultants to provide engineering services for improvements to the freeway bridge overpasses at Palomar Airport Road, La Costa Avenue, and Poinsettia Lane. Requests for proposals were mailed to fourteen (14) qualified engineering firms identified for these projects and the City received responses from ten (10) firms. After a review of these materials by City and CALTRANS staff, the following five (5) firms were selected as finalists and directed to prepare a project scope and design presentation. Boyle Engineering, Incorporated San Diego Dokken Engineering, Incorporated Sacramento IWA Engineers Fountain Valley P & D Technologies San Diego Parsons, Brinckerhoff, Quade, and Douglas Orange On March 1, 1988, the five (5) finalists were interviewed by a panel consisting of the following Agency representatives: Kurth Barnes, CALTRANS District 11, San Diego Herbert Jensen, CALTRANS Office of Structures, Sacramento Mort August, Director of Public Works, City of Encinitas John Cahill, Municipal Projects Manager, City of Carlsbad Lloyd Hubbs, City Engineer, City of Carlsbad Robert Johnson, Traffic Engineer, City of Carlsbad Ken Quon, Project Manager, City of Carlsbad Following these interviews, the firm of Boyle Engineering, Incorporated was unanimously selected as the firm in which to negotiate a contract for the Phase I portion of the design of these projects. Page Two of Agenda Bill No The attached consultant agreement and scope of work is a result of four (4) months of negotiations between the City and Boyle Engineering, Incorporated. During these negotiations, three (3) phases were identified for each project. Tasks in Phase I include the completion of pre-design activities required by CALTRANS such as mapping, traffic data collection, traffic forecasting, environmental investigation, right-of-way identification, soil and foundations analysis, identification of existing utilities, development of preliminary design alternatives, and development of preliminary cost estimates. Phase II will consist of design and preparation of plans and specifications. Phase III will be the construction phase of each bridge project. The agreement before the City Council at this time will consist of tasks in Phase I only for all three (3) bridge projects and will require approximately fifteen (15) months to complete. These combined bridge projects represent one of the largest public works design and construction efforts for the City of Carlsbad and will require between five (5) and eight (8) years for total implementation. Staff recommends approval of the attached consultant agreement. All three (3) bridge projects extend over an existing interstate highway and, therefore, must be programmed, designed and constructed in strict conformance with CALTRANS procedures and standards. Significant progress has already been made on the Palomar Airport Road bridge overpass since CALTRANS has completed, in prior years, many of the Phase I tasks for this project. The attached cooperative agreement defines the responsibilities of the City and CALTRANS for the remaining design and development tasks. In accordance with CALTRANS1 procedures, the City is required to deposit with the State the sum of $61,200 for CALTRANS1 review and development/coordination costs. The City will take the lead for this project's implementation and be responsible for the remaining phases. CALTRANS will provide review for compliance with State design standards and regulations. Staff recommends approval of the attached City-CALTRANS cooperative agreement. It is anticipated that once Phase I of the La Costa Avenue and Poinsettia Lane projects have been completed, cooperative agreements similar in content between the City and the State will be processed. FISCAL IMPACT: The City Council previously budgeted and appropriated $400,000 of Bridge and Thoroughfare District funds for each project in the 1987-88 Capital Improvement Program. Page Three of Agenda Bill No A summary of the Phase I costs for each of the three (3) bridge projects is as follows: Palomar Airport Road $ 150,347 La Costa Avenue 105,473 Poinsettia Lane 121.445 Total Phase I Costs $ 377,365 The Cooperative Agreement between the City and CALTRANS requires the City to deposit $61,200 with the State for their review and development/coordination costs for the Palomar Airport Road project. This cost is a requirement of the Palomar Airport Road project; funds currently exist in the 1987-88 in Capital Improvement Program Budget Account No. 3268. Environmental Requirements: This project requires an EIA Report which will be prepared by the consultant per the attached agreement . EXHIBITS ; 1. Location map. 2. Resolution No. 0a'3/* approving a consultant agreement for Phase I work for the improvements to the Interstate 5 bridges at Palomar Airport Road, La Costa Avenue, and Poinsettia Lane. 3. Resolution No. v* ~*> approving a cooperative agreement between the City of Carlsbad and the State of California Department of Transportation (CALTRANS) . 4. Consultant agreement with Boyle Engineering, Incorporated. 5. Cooperative agreement with CALTRANS. LOCATION MAP yiONTTYMAP N.T.I PROJECT NAHE CITY/CALTRANS 1-5 OVERPASSES PROJ. NO.EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-315 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR IMPROVEMENTS TO THE INTERSTATE 5 BRIDGES AT PALOMAR AIRPORT ROAD, LA COSTA AVENUE. AND POINSETTIA LANE WHEREAS, the City Council of the City of Carlsbad has solicited proposals from qualified firms to affect improvements to the bridge overpasses at Palomar Airport Road, La Costa Avenue, and Poinsettia Lane within the City of Carlsbad; and, WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, desirable and in the public interest to award a consultant agreement with Boyle Engineering, Incorporated of San Diego to affect said project; and, WHEREAS, the City Council of the City of Carlsbad has previously budgeted and appropriated design funds for each of the three (3) aforementioned bridge projects in the 1987-88 Capital Improvement Program Budget. NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That a consultant agreement with Boyle Engineering, Incorporated is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said agreement. Following the Mayor's signature of said agreement, the City Clerk is further authorized and directed to forward a copy of said agreement and this Resolution to Boyle Engineering, Incorporated, Attn: Gordon Lutes, 7807 Convoy Court, San Diego, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CA 92111, the State of California, Department of Transportation, District 11, Attn: Kurth Barnes, 2829 Juan Street, Post Office Box 85406, San Diego, CA 92138-5406, and the Municipal Projects Department. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 23rd day of August , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENTS TO THE PALOMAR AIRPORT ROAD BRIDGE OVERPASS WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, desirable and in the public interest to enter into a cooperative agreement for improvements to the Palomar Airport Road bridge overpass with the State of California Department of Transportation (CALTRANS); and, WHEREAS, an agreement to affect said improvements has been prepared. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitations are true and correct. 2. That an agreement between the City of Carlsbad and the State of California Department of Transportation for the improvements to the Palomar Airport Road bridge overpass is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said agreement. Following the Mayor's signature of said agreement, the City Clerk is further authorized and directed to forward three (3) certified copies of this Resolution and three (3) original copies of said agreement to the State of California Department of Transportation, District 11, Attn: Kurth Barnes, 2829 Juan Street, Post Office Box 85406, San Diego, CA 92138-5406, and one (1) copy of the cooperative agreement and resolution to the Municipal Projects Department. 1 3. That the Municipal Projects Department is hereby 2 authorized and directed to prepare a payment request for the 3 Finance Department in the amount of $61,200 to be forwarded to 4 the State of California Department of Transportation, in 5 accordance with the terms and conditions of this agreement. 6 7 PASSED, APPROVED AND ADOPTED by the City Council of the 8 City of Carlsbad at its regular meeting held on the 23rd day of 9 August , 1988, by the following vote, to wit: •^ AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine H NOES: None 12 ABSENT: None 13 / .'}jn.if{jr ur LEWIS, Mayor14 ATTEST:15 rX-jKX'CAa^ t\. tv c^xx^<g-^<?^<3to^^ J-6 ALETHA L. RAUTENKRANZ, Ci/ty Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR PHASE I OF THE IMPROVEMENTS OF THE INTERSTATE 5 INTERCHANGES AT PALOMAR AIRPORT ROAD, LA COSTA AVENUE AND POINSETTIA LANE THIS AGREEMENT, made and entered into as of the 5th day of August, 1988, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Boyle Engineering Corporation, hereinafter referred to as "Consultant." RECITAT.S City requires the services of a civil and traffic engineering consultant to provide the necessary engineering services for preparation of plans, traffic data and related project documents for Phase I of the improvements of the Interstate 5 interchanges at Palomar Airport Road, La Costa Avenue, and Poinsettia Lane; 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 The Consultant shall perform engineering and traffic consultant services to the City in accordance with the terms, conditions and project scope as specified in the Consultant's "Scope of Services" for Phase I, attached hereto as Exhibit A, and the Consultant's Fee Schedule, attached hereto as Exhibit B, dated June 10, 1988, which are incorporated by reference and made a part of this agreement. Said services shall be performed diligently, in a professional manner, and in accordance with the terms and conditions of this agreement under the direction of the City Manager or his authorized representative. 2. CITY OBLIGATIONS The City shall A) Provide Consultant with prints of record drawings of City improvements requested by consultant; B) Name contact with authority to direct Consultant; C) Provide blank mylar City plan sheets. 3. PROGRESS AND COMPLETION The work under this Contract will begin within ten (10) days after receipt of written notification to proceed by the City and be completed within fifteen (15) months 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 resulting from causes beyond the control of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT For services detailed in the "Scope of Services" under tasks A through I, the lump sum fee payable according to Paragraph 5, "Payment of Fees," shall be $329,495. For services detailed in the "Scope of Services" under Task J through K, "Time and Materials Tasks," and additional services requested in writing by the client, payments shall not exceed $47,770. No other compensation for services will be allowed except those items covered by supplemental 3 agreements per Paragraph 7, "Changes in Work." 5. PAYMENT OF FEES Payment of fees for Tasks A through I shall be monthly, upon submittal by Consultant and approval by City of estimated percentage of work completed using the Monthly Progress Payment Form attached as Exhibit C. Payment of fees for Tasks J through K, materials, and additional services will be monthly upon submittal by Consultant and approval by City, according to the Consultant's hourly rates attached as Exhibit D. Consultant's hourly rates shall not change during the duration of this agreement. Exhibits C and D are hereby incorporated by reference and made a part of this agreement. 6. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the final project documents, the Consultant shall deliver to the City the following items: a. Original mylars at scale of the drawings reproducible on standard 24" by 36" sheets. Blank mylars will be provided by the City. b. One set of final engineering and traffic calculations, documents and reports. The documents shall be signed by a Registered Civil or Traffic Engineer. 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 with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a 4 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 Manager 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 plans, specifications and all traffic and engineering documents and reports in accordance with the applicable design standards of Caltrans, the City of Carlsbad and recognized current design practices. Applicable Caltrans, City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such City 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, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, 5 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 work in progress to the City. The City Manager 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. 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 6 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 Manager. 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 Manager 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. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services as described in the attached scope of services for the improvements of the Interstate 5 interchanges at Palomar Airport Road, La Costa Avenue, and Poinsettia Lane and any payments made to Consultant are compensation solely for such services. Consultant shall sign all documents, plans, specifications, and estimates furnished with Registered Civil Engineer's number. 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering 7 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 deliverables and put same in order for proper filing and closing and deliver said document 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. 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 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 8 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 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 Caltrans. 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 is to be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered to the City in accordance with Section 6 of this agreement. Consultant shall have the right to make one (1) copy of the plans and related project data, documents, and reports for his/her records. Any use of completed documents for other projects and/or any use of uncompleted documents without specific written authorization by the Consultants will be at the City's sole risk and without liability or legal 9 exposure to the Consultant, and the City shall indemnify and hold harmless the Consultant from all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting therefrom. 18. HOLD HARMLESS AGREEMENT 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 whatsoever, nor for personal injuries or death caused by, or resulting from, any negligent acts, 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 cost and expense that is incurred by the City on account of 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 defects in any plans and specifications unless the liability or claim is due, or arises out of, the City's sole negligence. 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 10 performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the negligent acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the negligent 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. 11 22. VERBAL AGREEMENT OR CONVERSATION 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 or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitles 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 inure 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 12 ten (10) days prior notice to the City. 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. 27. PREPARATION OF CONSTRUCTION ESTIMATES Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of the City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, consultant does not guarantee the accuracy of such opinions as compared to contractors bids or actual cost to the City. IN WITNESS WHEREOF, we have hereunto set our hands and seals BOYLE ENGINEERING CORPORATION Title APPROVED layor ATTESTED: City Clerk Exhibit A 6/10/88 SCOPE OF SERVICES CARLSBAD I-5 BRIDGES Purpose; to provide Consultant Services for Planning (Phase I), Design (Phase II), and Construction Administration (Phase III). for the Improvement of the Interstate 5 Interchanges at Palomar Airport Road, La Costa Avenue, and Poinsettia Lane to accommodate traffic through 2010. Limits of Vork; Palomar Airport Road from Carlsbad Boulevard to Paseo del Norte including the 1-5 interchange; Poinsettia Lane from Avenida Encinas to Snapdragon Lane including 1-5 interchange; and La Costa Boulevard from 300 feet west of 1-5 southbound off-ramp to Piraeus Lane including the I- 5 interchange. PHASE I PLANNING LUMP SUM TASKS TASK A. KICKOFF, DATA COLLECTION AND REVIEW FOR PROJECT 1. Key consultant staff, City staff, Caltrans staff and others invited by the City will meet for one day to discuss important project issues, collect data, identify agency contacts, tour the sites, establish schedule and approach. 2. Collect and review existing information, ie; construction plans for existing bridge and road facilities, mapping, surveying, soils/geotechnical reports, traffic data, utility maps, R/W, etc. 3. Summarize results of task in a brief report summarizing opportunities, and constraints for each site. TASK B. MAPPING FOR PROJECT 1. Recommend limits for 1" - 50' scale with 1'contour interval mapping for project including 1" - 20' scale with 1' contour interval mapping for each of the bridges across 1-5. 2. Upon City acceptance of mapping recommendations, provide ground control for aerial mapping. 3. Develop digitized model compatible with Caltrans Intergraph System, supply tape to Caltrans and produce map at 1" - 50' scale, with 1 foot contours, of each site. Supplemental mapping at 1" - 20' with 1' contours will be provided of the three bridges crossing 1-5. TASK C. TRAFFIC FOR PROJECT 1. Review of Background Information Spend up to two days assembling and reviewing relevant traffic and land use studies, such as, the SR 78 Corridor Study, and others as appropriate. 2. Data Collection a. Conduct weekday 24-hour (with 15 minute intervals) machine traffic counts for 3 to 5 days at up to 8 locations including roadway links on either side of each of the 3 interchanges. b. Based on findings from task 2a., conduct 1 day, weekday A.M. and P.M. peak hour manual turning movement traffic counts at up to 12 locations including the 6 interchange ramp intersections and the 6 intersections immediately adjacent to the interchanges. c. Collect land use data on developments within 1/2 mile radius of each interchange including: o constructed but not occupied o under construction o high probability of development in next 5 years. d. Collect data on accident trends from Caltrans at the six interchange ramp intersections. 3. Near Term (5-10 Year) Development Traffic Impacts in the 3- interchange area including the six ramp intersections and six adjoining intersections for a total of 12 intersections.. a. Prepare a subarea traffic analysis zone system which includes the three interchanges and is compatible with the SANDAG regional zone system. b. Prepare specific traffic forecasts for near term conditions (next 5 years) for A.M. and P.M. peak hours. c. Based on specific traffic forecasts, determine roadway width requirements for near term conditions. d. Prepare order of magnitude forecasts of traffic expected in next 10 years to compare with Year 2010 and Build-out forecasts for major links within 1/2 mile of each interchange. 4. Long Term Regional Traffic Forecast Analysis for 3 Interchange Area, including the six ramp intersections and six adjoining intersections for a total of 12 intersections. a. Obtain from SANDAG relevant Average Dally Traffic Volumes, ADT, data from their SERIES 7 forecasts for Year 2010 and Build-out conditions. b. Conduct sensitivity analysis comparing 10 year forecasts from Task 3d. to SANDAG Year 2010 and Build-out forecasts. c. Reduce forecast A.D.T. to A.M. and P.M. peak hour turning movements by direction for Intersection and link analysis in the study area for year 2010 and build-out. 5. Level of Service, Facilities Requirements and Staging for the three interchanges including the six ramp intersections and six adjoining intersections. a. Perform Level of Service (LOS) analysis for Year 2010 at intersections. Determine the number and type of lanes, length of storage lanes, and other traffic control features and intersection geometry required to maintain an acceptable LOS. b. For Build-out conditions, perform an LOS analysis to determine appropriate ultimate width requirements for bridges over Interstate 5. c. Based on LOS analysis classify staging of improvements into one of three periods: 1) next five years; 2) five to ten years; 3) after ten years. 6. Cost Allocation - La Costa Avenue Interchange a. Obtain from SANDAG, SELECT LINK DIAGRAMS of Year 2010 traffic data for the roadway links on La Costa Avenue immediately east and west of the 1-5 interchange ramp intersections. b. Determine the relative number of trips either beginning or ending in the cities of Carlsbad or Encinitas which also travel through either of the select links. c. Using data obtained in Tasks 6a. and 6b., determine recommended allocation by percent of interchange improvement costs to the cities of Carlsbad and Encinitas. 7. Paseo del Norte/Paloraar Airport Road Intersection Study Using traffic data from tasks C-3, C-4 and C-S, analyze the impact Level of service of closing the existing intersection, realigning Paseo del Norte to intersect with Palomar Airport Road approximately 300 feet to the east. The city will provide alignment and geometries for new intersection. 8. Poinsettia Lane Geometries - East of 1-5 a. Using traffic data from tasks C-3, C-4, and C-5, analyze the traffic impacts of the Hunt Brothers Development on Poinsettia Lane between 1-5 and Snapdragon Lane. b. Based on criteria provided by the City of Carlsbad, recommend improvements for Poinsettia Lane between 1-5 and Snapdragon Lane. 9. Traffic Study Report Summarize results of traffic study In report which will Include sections covering: background; data collection; near tern development traffic impacts; long term traffic forecast; level of service and facilities requirements; cost allocation for La Costa Avenue interchange; finding from relocation study of Paseo del Norte/Palomar Airport Road intersection; and recommendation for improvements to Poinsettia Lane from 1-5 to Snapdragon Lane. TASK D. PROJECT STUDY REPORT (PSR) FOR POINSETTIA LANE 1. Meet with City and Caltrans to define components of PSR. 2. Layout on 1" - 100' scale maps existing interchange geometry. 3. Identify alternative geometric concepts at each site for increasing interchange capacity based on available traffic forecasts. (Maximum of 3 alternatives) 4. Using updated traffic forecasts from Task C, refine alternative geometric concepts (maximum of 3 alternatives) 5. Identify major rights-of-way and utility conflicts. 6. Meet with City and Caltrans to select recommended alternative. 7. Prepare preliminary environmental assessment. 8. Prepare draft PSR. 9. Distribute draft PSR to City, Caltrans and-other impacted parties for review. 10. Revise PSR and submit to City and Caltrans. TASK E. PROJECT REPORT (PR) FOR EACH OF THREE INTERSECTIONS (E-1.E-2.E-3) 1. Meet with City and Caltrans to review PSR comments and define content of PR. 2. Layout on 1" - 100' scale maps the existing interchanges and proposed improvements. 3. Perform initial aesthetics review and determine landscape recommendations. 4. Hold initial public informational meeting. 5. Determine R/V requirements including ownership and magnitude of takes. 6. Plot existing utilities on base map and identify conflicts. 7. Prepare draft PR and submit for City and Caltrans review. 8. Finalize PR and submit to City and Caltrans. TASK F. CONCEPTUAL DESIGN OF PALOHAR AIRPORT ROAD WEST OF 1-5. 1. Meet with City and other interested parties to discuss alternatives and visit site. 2. Estimate 2010 and "Build-out" A.D.T. and peak hour traffic volumes for Palomar Airport Road and all intersections between 1-5 and Carlsbad Boulevard. 3. Alternative Development and Analysis (maximum of 3) a. Geometric Studies 1) Develop alternative alignments for Palomar Airport Road between 1-5 and Carlsbad Boulevard. At least one alternative will include use of the existing bridge over the railroad 2) Plot on 1"-200 foot scale mapping each alternative to delineate approximate edge of pavement and right-of-way requirements. 3) Draw profile of proposed centerline of road. 4) Draw plan and profile sketches of all proposed ramps or intersections. b. Utility Coordination 1) Request utilities to provide plans of all facilities in the area. 2) Plot major utilities on 1"-100' base map relying on plans . provided by others. 3) Identify apparent conflicts with each alternative. c. Right-of-way Coordination 1) Obtain ownership maps of area 2) Prepare 1"-100 feet map showing major ownerships and approximate right-of-way requirements for each alternative. d. Bridge Studies 1) Collect information on existing structures 2) Identify for each alternative major structural elements, ie, bridges, retaining walls, etc. and their parameters (length, width, height, etc.) 3) Estimate probable construction costs for purposes of comparison of alternatives. e. Probable Project Cost Estimate probable project costs for purposes of comparison of alternatives. Project costs will Include probable construction costs and percent of construction for non-construction costs. f. Presentation of alternatives to City Staff for selection of preferred alternative. 4. Conceptual Design Report a. Prepare draft report which will contain the following sections: 1) Summary, conclusion, and recommendations 2) Description of alternatives 3) Analysis of alternatives 4) Conclusions 5) Appendix with reduced plans for selected alternative b. Submit draft report to City for review and comment c. Receive City comments, finalize report and distribute TASK G. FOUNDATION REPORT FOR INTERCHANGE PROJECT 1. Review prior soils and geotechnical investigations at each site. 2. Obtain drilling permits from City and Caltrans. 3. Drill three soil test borings at each site, one near each foundation location, to a depth of 30 to 50 feet. 4. Maintain log of soils encountered in the borings and obtain samples for visual observation, classifications and laboratory testing. 5. Perform laboratory tests to evaluate soil strength, density, /compressibility, swell potential, and gradation. 6. Recommend pavement sections. 7. Prepare report summarizing results of field exploration, site reconnaissance, laboratory tests, and engineering analyses. 8. Submit report to City and Caltrans for review. 9. Finalize foundation report and submit to City and Caltrans. TASK H. BRIDGE REPORT FOR INTERCHANGE PROJECT ' 1. Review existing reports and plans on existing structures. 2. Review PSR and if available PR. 3. Review foundation report. 4. Review site in the field. 5. Advance Planning Study. a. Identify alternatives, (maximum of 3) b. Prepare probable construction cost estimates for each alternative. c. Meet with City and Caltrans to select recommended alternative. / 6. Prepare Bridge Preliminary Report for each site. 1. Access 2. Approaches 3. Bridge Railing and sidewalks 4. Clearances 5. Widening of Dispositions of existing bridges 6. Coordination 7. Drainage 8. Detour and/or traffic control 9. Environmental (sea salt corrosion) 10. Falsework 11. Foundation 12. Loading 13. Aesthetics 14. Stage Construction 15. Structure Depth 16. Superelevation 17. Utilities 18. Structure width 7. Submit Bridge Preliminary Report to City and Caltrans for review. 8. Meet with City and Caltrans to discuss Report. 9. Finalize Bridge Preliminary Report and submit to City and Caltrans. TASK I. PROJECT MANAGEMENT (15 MONTHS) 1. Prepare and update monthly the project schedule. 2. Coordination and monthly meetings with project team and City to review status. 3. Quality Control Review of Traffic Report, PSR, PR's, Foundation Report, Bridge Preliminary Report, and Preliminary Design Report of Palomar Airport Road-West. ^ 4. Preparation of Scope of Work for Phase II - Design. TIME AND MATERIALS TASKS TASK J. PROJECT COORDINATION FOR PROJECT (15 Months) 1. Prepare for and made presentations to Carlsbad and Enclnitas City Councils (maximum of 3). 2. Coordination with Caltrans a. Meetings with project development team. (4 meetings) b. Traffic task coordination. (12 meetings) c. Project study report task coordination. (6 meetings) d. Project report task coordination. (7 meetings) e. Other coordination. (surveying, mapping, soils, bridge, environmental - 4 meetings) 3. Coordination with others (Utilities, Public, Private) Task K. ENVIRONMENTAL DOCUMENTATION FOR EACH SITE 1. Meet with City, Caltrans, and other interested parties to identify issues, schedule, and approach. 2. Perform environmental assessment. 3. Circulate draft environmental document (ED) to Caltrans and City (if necessary). 4. Respond to comments and finalize (if necessary). 5. Distribute ED (if necessary). 6. Publish Notice of Availability and Notice of Opportunity (if necessary). 7. Schedule, notice, and conduct public hearing (if necessary). 8. Terminate comment period and respond to correspondence (if necessary). 9. Prepare and distribute record of public hearing (if necessary). 10. Prepare and submit final environmental document (if necessary). DELIVERABLES DESCRIPTIQH COPIES 1. Site Opportunities and Constraints Report 5 (1 report for all 3 sites) 2. Magnetic Tape of Base and Topography 3 (1 tape for all 3 sites) 3. Mapping @ 1" - 50' scale with 1' contours 3 of each site 4. Draft Traffic Study Report for Project 3 5. Final Traffic Study Report for Project 10 6. Draft Project Study Report for Poinsettia Lane 5* 7. Final Project Study Report for Poinsettia Lane 10* 8. Draft Project Report for each site 5 9. Project Report for each site 10* 10. Draft Foundation Report for Project 5 11. Final Foundation Report for Project 10* 12. Bridge Advance Planning Study for each site 5 13. Draft Bridge Preliminary Report for each site 5 14. Final Bridge Preliminary Report for each site 10* 15. Draft Preliminary Design Report for Palomar Airport 5 Road-Vest 16. Final Preliminary Design Report for 10* Palomar Airport Road-Vest 17. Draft Environmental Document for each site 5 18. Record of Public Hearing for each hearing 10* (if necessary) 19. 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Q ac H>> 04 H 0 r-l O •i-> CJ U « JO CO H i-l CM 0en 00 CM CM 00 CMin CO- CM CM VO 0- ^ O oo«8 CM ZoI-l H<Z M3 8u (/) Cd04s BCO BId iOM U <t «* «» >» r-l i-l i-l >Jr*-» fv r*v »n r^ ^H r^ en</></> «o» <o- 00 CM 00 CM 00 00 CMin m m en </></> </> CM CO* VO VO VO \O VO CM CM CO- CO- CO- CO- O 00 O OO O vo OOO OO OO i— 1 vOvo vO vo enCO- </> CO-I-l Jg Mi Miu CO 8 § 1H M HH OH <04 z ac21-1 Hq MCd 2 304 QO ZH 0 0 Cad Oj H 3 Ci) ^J X Z04 H M*• ° 9. . 1•o « u en ooi-ien O* CM CM eom oin d •& oen voen r-4 0 0 i-l Ov f-CO- CM 0 i-l CMt-i m• W •, -^COj* 8 OQ CO : 31 s«>H S "*sso u 3 l*^ u oo at!ao Id *X\(.H vO H O Z ii at at tdO Z S o55 (O U ^J•< Oi M IdU Z Z Mi-i W a, S VIbl CARLSBAD I-S BRIDGIDESCRIPTIONCM fl • CM CO ^ V0 fHi-lco vO vflr-l f>o>en vO C<^ v£«r p«tr i _ oM £ 3s ^3^5^5 ^j (^TASK K. ENVIRONMEIo" v> r-l Of^ f ,* ••* iK j £8 SB Xjg atf^H w 0453^3 Id ^4 •SUBCONSULTANTCM CM V> §oo »H O*f-l 4^^ ^ vOt-4 r-* ^O ^Of-t r* </> vO O•F^ ^Of> f-l </x 2 ,,,• w>M«3L^ *"* la§ ^^ g «A * 3 SUBTOTAL TASKSUBTOTAL ESTIMATED§000 oo o o oO f* O fl O r-< n O fl v> «> i H V) <H ZM8(d J J M< M §3 a u g H M U S sS > «z at at 2td O M UJ M a. M J o m •* r- ^^p CO •*•** WJ5 M H wB Cd ^ 3B (/) ^^ H H(/) 8 8a «, 3 acCO »3ptf »J3 ^^ 3 S H<f ^^ 35 M Id 3a'* i TOTAL TIME & MAT(TASKS J, K. ANDTOTAL CONTRACT A EXHIBIT C MONTHLY PROGRESS PAYMENT REPORT FIRM: ADDRESS: AGREEMENT NO.: PROJECT NAME: " DATE: ESTIMATE NO.: MONTH: CONTRACT AMOUNT: TOTAL % COMPLETE:" PROGRESS REPORT 1 ITEMS Task A Wckoff TaskB Mapping TaskC Traffic TaskO Project Study Report for Poinsettia Una TaskE-1 Project Report for Palomar Airport Road TaskE-2 Project Report for La Costa Avenue TaskE-3 Project Report for Poinsettia Lane TaskF Conceptual Design Palomar Airport Road Task G Foundation Report TaskH Bridge Report Task! Project Management TOTALS 2 Fee 7,472 40.828 75,716 19,085 31,066 22.288 22,288 39,210 31,290 18,232 22,020 , 329,495 3 Total % Completed to Date 4 Total Fee Earned to Date (2x3) 5 Previous Fee Earned Fee Earned This Report (4-5) SUMMARY: REMARKS: TOTAL EARNED TO DATE: TOTAL EARNED PREVIOUSLY:_ TOTAL EARNED THIS ESTIMATE: BOYLE ENGINEERING CORPORATION FEES FOR PROFESSIONAL SERVICES APRIL, 1988 Exhibit D CLASSIFICATION Engineering/Architecture Consulting Engineer/Architect Principal Engineer/Architect Senior Engineer/Architect II Senior Engineer/Architect I Associate Engineer/Architect Assistant II Assistant I Designing/Drafting Designer/Supervisor Senior Designer/Technician Des igner/Technic ian Senior Drafter Drafter Inspector Miscellaneous Clerical Printing and Blueprinting Travel - Automobile Travel - Other Than Automobile Materials Testing and In-Plant Inspection Aerial Photogrammetry Service and Surveys Soils Investigation and Field Tests Computer Services RATE $122.00 $ 88.00 $ 72.00 $ 63.00 $ 50.00 $ 43.00 $ 39.00 an hour an hour an hour an hour an hour an hour an hour $ 59.00 an hour $ 53.00 an hour $ 42.00 an hour $ 34.00 an hour $ 29.00 an hour $ 51.00 an hour $ 30.00 an hour Actual Cost + 10% $0.30 per mile Actual Cost + 10% Actual Cost +10% Actual Cost + 10% Actual Cost -i- 10% See Schedule on Reverse It is understood and agreed that the aforementioned rates and charges include all normal equipment and materials used in connection with the production of the required engineering services. Boyle Engineering Corporation will furnish monthly billings for all services rendered and supplies furnished in accordance with the above compensation provisions. Payments shall be due and payable to Boyle Engineering Corporation upon presentation. A late payment finance charge will be computed at the periodic rate of 1.5 percent per month and will be applied to any unpaid balance commencing thirty (30) days after the date of the original invoice. Rates subject to general revision 10/1/88. ,OYLE ENGINEERING CORPORA! N STANDARD RATES FOR COMPUTER SEKVTCE$ EFFECTIVE MAY 16, 1988 Intergraph Computer-Aided Design and Drafting (CADD) System Our Intergraph CAOD system utilizes a Digital Equipment Corporation VAX 11/751 computer with 4 megabytes of main memory, 919 megabytes of disk memory, floating point accelerator, cache memory, magnetic tape, and a high- speed pen plotter. Graphics workstations have dual 19-inch high-resolution screens, digitizer table, and menu tablet. Unit charges for equipment are as follows: Graphic Workstation Pen Plotter Terminal (CRT or Printer) Central Processing Unit Microcomputers and AutoCADD Systems $17.00 per hour $17.00 per hour $ 4.00 per hour $ 3.00 per minute Microcomputers include the IBM PC/XT, IBM PC/AT, AST Premium 286, and other similar equipment. Charges are based on an hourly rate for the computer and standard software plus a resource charge for special applications software, and special equipment such as plotters and high-resolution monitors. Word Processing System With Laser Printer Engineering Computer System and Standard Software Resource Charge: AutoCAD Computer Aided Design & Drafting MicroStation II Computer Aided Design & Drafting Point Line Computer Aided Design & Drafting DAPPER - Electrical Design Program CAPTOR - Overcurrent Protection Analysis Trane. TRACE - HVAC System Design Carrier HVAC System Design ROUTE IV - Drainage Design GWFM - Groundwater Modeling System STAAD III - Structural Design and Analysis HP 3000 Computer System $12.00 per hour $16.50 per hour $ 3.75 $ 3.75 $ 3.75 $24.90 $11.25 $ 5.80 $ 4.65 $ 4.50 $14.50 $ 3.75 per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour The Hewlett Packard HP 3000 computer has 2 megabytes of main memory, 480 megabytes of disk memory, a 600 line-per-minute upper-lowercase printer, magnetic tape and four drum plotters. sixty-four terminals are connected directly or via telephone lines. Unit charges are as follows: Central Processing Unit Elapsed Time Lines Printed Plot Records Outside Computer Services $3.30 per minute of computer time $8.80 per hour of terminal connect time $0.11 per hundred lines printed $2.71 per hundred records plotted Charges for outside computer services will be billed at invoice cost plus twenty-five percent. Rev 5-16-88 Exhibit E TY OF CARLSBADIMPROVEMENTS ON 1-5HEDULE IN MONTHS'— O0 ujC/) O Q o:m roro 5> .- ro O) CM CM Oo> in en roCM CM Oo> en in enoo ro o> en en in ro O)CONSULTANTTASK/->AI TC! A MO AklP>u I^•1 3r & 16 •^ ••» (Noiivana okN ri) (Noavana on ci) , ,Q Ujg p| QQ (Nonvana on ci) "*5 ,9 iwis ~(/)^ -^ > j"* i9 — >!•!aa: t5 -*~Su 0£K z 31VW1S3 1SOO <£2 ^§ ^0 t/ W ^X ^s vvv \x\ $$$ \x\ x\x 3? S03dS SNVld zjy- lavis P£jjj<" ^< —11,1 QCC 3IVNLLS3 iSOO sss \NX ^sXs VsX SVS \\S ^C/l r" —EC NOLLVlNSWnOOQ 5? ad Q3AOaddV ^ 2^ Q- <UJ V S03dS SNVld <1 £% lavis 31VWLLS3 ISOO' VVs SN\ V\S SN\ X$ ^x\ \\S •\v\ NOLLVXN3l^inOOQ 5? ad CGAoaddv <s !liC " K S^ ^§£>_i o:Q. o <<JLD wvSX V^ ^\^ SN\ ^S a. o ^<£°PALOMARAIRPORTROADQ. f S03dS SNVld _ nw i kiniMki/^vjiA kra 'ff yd aBAOHddV sss §§ tn _j'ii o COQ. W w.. vvs 0 p.o \IO- 1 ^nArSM I HJ w \\\ ^\\ \N\ X\N ^s oz jjjz « o— ' o_ OCoc •>v oc ll-SD-5 P.M. 47.0 11223-153910 Agreement 11-0378 Palomar Airport Road COOPERATIVE AGREEMENT This AGREEMENT entered into on , 19 , is between the STATE OF CALIFORNIA, acting by and through its Ds-partnent of Transportation, referred to herein as STATE, and CITY OF CARLSBAD, a body politic and a municipal corporation of the State of California, referred to herein as CITY. RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 1?0, are authorised to enter intc a cooperative agreement for issprovsiaents to State highways within the CITY. 2. CITY desires State highway improvements consisting of widening the overcrossing on Route 5 at Palonar Airport Road and 13 willing to fund 100 percent, of all capital outlay and staffing cosrs. 3. This agreement supersedes any prior Memorandum of Understanding (MOU) relating to this project. 4. Construction of said PROJECT will be the subject of a separate future agreement. 5. The parties hereto desire co define herein the texir.s e\nd conditions under which said PROJECT will be developed and -2- designed and under which the STATE is to be reimbursed for review and coordination costs, including oversight of right-of-way activities, through completion of construction. SECTION I CITY AGREES 1. To fund one hundred (100) percent of all preliminary engineering costs, including but not limited to costs for preparation of contract documents and advertising and awarding the PROJECT construction contract, costs of any right-of-way oversight provided by STATE, and costs of STATE review and coordination through completion of PROJECT construction. 2. To have a Project Report (PR), Environmental Document (ED), and detailed Plans, Specifications and Estimate (PS&E) prepared at no cost to STATE and to submit same to STATE for review and approval at appropriate stages of development. Final plans shall be signed by a civil engineer registered in the State of California. 3. If a consultant (s) will be used, to permit STATE to participate in the selection of a consulting engineer(s) to prepare the Project Report (PR) and Plans, Specifications and Estimate (PS&E) and perform right-of-way activities, and if requested by STATE to discontinue the services of any consultant -3- considered to be unqualified, on the basis of credentials, professional expertise, method of selection and/or other pertinent criteria. 4. To deposit with STATE the sum of $61,200, within twenty (20) days after execution of this Agreement and before commencement of project development activities, to cover the estimated total review and coordination costs to be performed by STATE throughout project development and construction, including oversight of right-of-way activities. CITY further agrees to make additional advance deposits if review and coordination costs are expected to exceed the original deposit. STATE has no obligation to perform any work should costs of STATE effort exceed, at any time, the advance deposit of funds from CITY paid to STATE. 5. CITY and/or consultants will be available to STATE through completion of construction of PROJECT to discuss problems which may arise during construction or to make design revisions for contract change orders. 6. Not to use Federal Aid funds for this PROJECT. 7. To make formal application to STATE for an encroachment permit authorizing entry onto STATE'S right of way to perform surveying and other investigative activities required for preparation of PS&E. 8. To identify and locate all high- and low-risk underground facilities within the project area, and protect or otherwise -4- provide for such utilities, all in accordance with STATE'S "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way". 9. If any existing public and/or private utilities conflict with the construction of PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation, or removal; and if there are costs of such protection, relocation, or removal which STATE and/or CITY must legally pay, CITY will bear the cost of said protection, relocation, or removal, plus cost of engineering overhead and inspection. If any protection, relocation, or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure for those within STATE'S right of way and in accordance with CITY policy for those outside STATE'S right of way. 10. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting utilities within STATE'S right of way and that such work will be completed prior to the award of the contract or as covered in the Special Provisions. This evidence shall include a reference to all required State highway encroachment permits. 11. To relocate utility facilities within STATE'S right of way to STATE'S specifications per STATE'S Encroachment Manual and the -5- Manual on High and Low Risk Underground Facilities Within Highway Rights of Way. 12. To comply with the terms and conditions of the highway encroachment permits, existing California law including statutory and case law, and all existing property rights when determining liability for relocation costs. 13. To perform all right-of-way activities at no cost to the STATE in accordance with procedures acceptable to STATE, and in compliance with all applicable State and Federal laws and regulations, subject to STATE oversight, to assure that the completed work is acceptable for incorporation into the state Highway System. 14. To utilize the services of a qualified local public agency in all right of way acquisition-related matters in accordance with Caltrans procedures as contained in Right of Way Procedural Handbook, Volume 9. If outside right-of-way consultants are employed, contract administration shall be performed by a qualified public agency. 15. To certify legal and physical control of rights of way ready for construction, and that all rights of way were acquired in accordance with applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement for bids for construction of the project. -6- 16. To deliver to STATE legal title to the right of way, free and clear of all encumbrances detrimental to STATE'S present and future uses, not later than the date of acceptance by the STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in STATE'S name to be provided and paid for by CITY. 17. If additional right of way is required, to acquire all necessary additional right of way, that will permit full possession and control of said right of way, and transfer in fee to STATE, at no cost to STATE and subject to prior examination and acceptance by STATE of the degree of title to be conveyed to STATE. Full possession and control shall be obtained prior to advertising the PROJECT for construction, in the event title has not passed. SECTION II STATE AGREES 1. To provide prompt reviews and approvals as appropriate of submittals by CITY, and to cooperate in timely processing of the PROJECT. 2. To issue, upon proper written application, an encroachment permit to CITY authorizing entry by CITY'S staff and -7- consultant(s) onto STATE'S right of way to perform survey and other investigative activities required for preparation of PS&E. 3. To provide oversight on all right-of-way activities undertaken by CITY, or its designee, pursuant to this Agreement. STATE oversight shall be performed with cost to CITY. 4. To prepare and submit signed itemized invoices monthly, in triplicate, with specific details of all review and coordination costs incurred during the period of the invoice. Invoices may include requests for additional advance deposits if review and coordination costs are expected to exceed the original deposit specified in Section I, Article 4. 5. To return any CITY funds remaining on deposit with STATE, to cover STATE'S costs, within thirty (30) days after completion and acceptance of the construction contract for PROJECT. 6. To submit a final report of expenditures no later than 90 days after completion and acceptance of the construction contract for PROJECT. SECTION III IT IS MUTUALLY AGREED 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. -8- 2. That the costs to be charged CITY for the STATE'S review and coordination will include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work applied in accordance with STATE'S standard accounting procedures. 3. That this Agreement will continue through the project construction phase to cover possible design review and coordination costs. 4. It is understood that a separate Cooperative Agreement will be required to cover responsibilities and reimbursement for the project construction phase. 5. It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. -9- 6. It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4 STATE shall defend, indemnify and save harmless the CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement. 7. The parties hereto will carry out the PROJECT in accordance with the Scope of Work, attached and made a part of this Agreement, which outlines the specific responsibilities and scope of work. The attached Scope of Work may in the future be modified to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY'S City Engineer or other official designated by CITY and STATE'S District Director for District 11 and become a part of this Agreement as a supplement to this Agreement after execution by the respective offices of the parties. -10- 8. Prior to award of a construction contract, CITY may terminate the PROJECT and this Agreement in writing, provided the CITY reimburse STATE for all PROJECT costs incurred prior to termination. 9. Except as otherwise provided in Article 8 above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT or on July 31, 1993, whichever is earlier in time. Any STATE refunds due CITY shall be determined after final accounting of costs. Attest: STATE OF CALIFORNIA Department of Transportation ROBERT K. BEST Director of Transportation By Approved as to form and procedure Attorney, Department of Transportation Certified as to funds and procedure CITY OF CARLSBAD City Clerk District Accounting Officer ll-SD-5 47.0 11223-153910 SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed revised interchange on Interstate Route 5 at Palomar Airport Road. 1. CITY will be the Lead Agency for CEQA, and STATE will be the State Lead Agency for NEPA. The Federal Highway Administration (FHWA) will be the Federal Lead Agency for NEPA. CITY will prepare the Environmental Document(s) (ED) to meet the requirements of CEQA and NEPA. CITY will provide all data for and prepare drafts of the Project Report (PR) and the Project Approval Report (PAR). STATE will review and process the reports and request approval of the PROJECT and ED by the FHWA. CITY will be responsible for the public hearing process. 2. CITY and STATE concur that the proposal is a Category 5 as defined in the STATE'S Project Development Procedures Manual. 3. CITY will submit drafts of individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic projections to be used in the various reports shall be supplied by CITY. Existing traffic data shall also be furnished by CITY.. 4. STATE will review, monitor, and approve all project development reports, studies, and plans and provide all necessary implementation activities through advertising of the project. 5. Existing freeway agreement need not be revised. 6. All phases of the project, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 7. Detailed steps in the project development process are appended to this Scope of Work. This appendix is intended as a guide to STATE and CITY staff. APPENDIX A: PLATNING PHASE ACTIVITIES RESPONSIBILITY PROJECT ACTIVITY \ STATE CITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X Prepare & Submit Environmental Studies & Reports X Review & Approve Environmental Studies & Reports X Prepare & Submit Draft Environmental Document (DED) X Review DED in District X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives x Prepare Project Geometries and Profiles X Prepare Layouts & Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review & Approve Project Geometries & Operational Analysis X 3. PROJECT APPROVAL Certify ED in accordance to City's Procedures X Prepare Draft Project Report (DPR) X Finalize & Submit Project Report with Certified ED for Approval X Approve Project Report X APPENDIX B: DESIGN PHASE ACTIVITIES RESPONSIBILITY PROJECT ACTIVITY STATE CITY 1. PRELIMINARY COORDINATION Request 1 - Phase EA X Field Review of Site X X Provide Geometries X Approve Geometries X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor's Maps & Other R/W Maps X Obtain Copies of As-Builts X Send Approved Geometries to Local Agencies for Review X Revise Approved Geometries if required X Approve Final Geometries X Determine Need for Permits from Other Agencies X X Request Permits X Initial Hydraulics Discussion with District staff X Initial Electrical Design Discussion with District staff X Initial Traffic & signing Discussion with District staff X Initial Landscape Design Discussion with District staff X Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report & Typical Section X Review & Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation X Review & Approve Landscaping Recommendation X Prepare & Submit Hydraulic Design Studies X Review & Approve Hydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type Selection X Review fc Approve Bridge General Plan & Structure Type X APPENDIX B (Continued) RESPONSIBILITY PROJECT ACTIVITY STATE CTTY 3. R/W ACQUISITION AND UTILITIES Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W & Utility Relocation Cost Estimates x Submit R/W Requirements & Utility Relocation Plans for Review X Review & Comment on R/W Requirements X Longitudinal Encroachment Review X X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approval Utility Relocation Plans X Submit Final R/W Requirements for Review & Approval X Fence & Excess Land Review X R/W Layout Review X Approve R/W Requirements X Obtain Title Reports X Complete Appraisals X Review & Approve Appraisals for Setting Just Compensation X Prepare Acquisition Documents X Acquire R/W X - Open Escrows & Make Payments X - Obtain Resolution of Necessity X - Perform Eminent Domain Proceedings X Provide Displacee Relocation Services X Perform Property Management Activities X Perform R/W Clearance Activities X Prepare & Submit Certification of R/W X Review & Approve Certification of R/W X Transfer R/W to State X - Approve & Record Title Transfer Documents X Prepare R/W Record Maps X APPENDIX B (Continued) RESPONSIBILITY PROJECT ACTIVITY STATE CITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Prepare & Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate & Plot Geometries X Cross-Sections & Earthwork Quantities Calculation X Prepare & Submit BEES Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans & Sanitary Sewer & Adjustment Details X Prepare & Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping & Roadside Delineation Plans & Submit for Review X Review Traffic Striping & Roadside Delineation Plans X Prepare & Submit Landscaping and/or Erosion Control Plans X Review Landscaping and/or Erosion Control Plans X Prepare & Submit Preliminary Electrical Plans X Review Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans X Review Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications X Prepare & Submit Checked Structure Plans X Review & Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Review & Approve Lane Closure Requirements X Prepare & Submit Striping Plan X Review & Approve Striping Plan X Prepare Final Estimate X Prepare & Submit Draft PS&E X Review Draft PS&E X Finalize & Submit PS&E To District X