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HomeMy WebLinkAbout1990-03-20; City Council; 10543; BATIQUITOS LAGOON ENHANCEMENT PROJECTi .(* 6 .. Z g '0 2 g 3 a 8 f/L; / CIP)OF CARLSBAD - AGENWBILL J*/- AB# /4 3Hf3 TITLE: BATIQUITOS LAGOON ENHANCEMENT PROJECT: DEPl CITY AGREEMENTS FOR FINAL DESIGN, CITY REIMBURSEMENT, BRIDGE REPLACEMENT, AND FEDERAL GRANT PROGRAM CITY MTG. 3/20/90 DEPT. ENG:MP RECOMMENDED ACTION: Adopt Resolution No. 98- .7/ approving a reimbursement agree] with the City of Los Angeles, acting by and through its Boar( Harbor Commissioners, and awarding a consultant contract supplemental environmental and engineering studies, final desi and related consultant services for the Batiquitos La5 Enhancement Project . Adopt Resolution No. qfl-yh approving an agreement with the ( of Los Angeles, acting by and through its Board of Hal Commissioners, for the replacement of the West Carlsbad BouleT Bridge as an element of the Batiquitos Lagoon Enhancement Proj6 Adopt Resolution No. '??fl-Y3 formally requesting City of Carls participation in the Federal Highway Administration's Fed6 Bridge Replacement Program administered by the State of Califori Department of Transportation, (CALTRANS), for the replacement the West Carlsbad Boulevard Bridge. ITEM EXPLANATION: On November 13, 1987, the City of Carlsbad entered into Memorandum of Agreement (MOA) for the establishment of Batiquitos Lagoon Enhancement Project with the City of Los Angel acting by and through its Board of Harbor Commissioners, as w as several Federal and State resource agencies. The Batiqui Lagoon Enhancement Project represents the foundation upon which Port of Los Angeles' biological mitigation plan is based for development of the Port's planned deepwater landfills associa with its 2020 Los Angeles Harbor Development Plan. Additional for the City of Carlsbad, the project represents the opportun to enhance Batiquitos Lagoon at no cost to the City and cooperation with the several Federal and State resource agenc having jurisdiction over coastal wetlands. The master MOA identifies the Port of Los Angeles as the fund source for the implementation of the project which inclul reimbursement of costs incurred by the City of Carlsbad processing the environmental documents, permits, desi1 construction, acquisition of rights-of-way, establishment funding of maintenance programs, and other project entitlemen To date, implementation steps provided for in the MOA incl preliminary engineering and cost studies whichhave been complet environmental documentation which is ongoing, and final desic permitting and construction which will begin in the near futui In February of 1988, a preliminary engineering report for I project was released concluding that the enhancement project F both technically feasible and advantageous from an environment; P e 0 Page 2 of Agenda Bill No. /<, 5-#2 engineering, and economic standpoint. Subsequently, the dre joint Environmental Impact Report/Environmental Impact Stateme (EIR/EIS) was released in April of 1989 assessing the environment impacts associated with the project. Due to the large number e complex content of the public and agency comments received on t EIR/EIS document, additional work tasks have been necessary further study and respond to the comments. This additional w( is currently underway. The final EIR/EIS document is scheduled : publication in June of 1990. Following its publication, 1 document will undergo a series of public hearings and requ certification by both the City of Carlsbad, as the lead age] under the California Environmental Quality Act (CEQA), and . United States Corps of Engineers, as lead agency under the Natio; Environmental Protection Act (NEPA). During the assessment of the additional work tasks necessary complete the environmental document, it became evident to both Port and City staffs that considerable additional work was requi to thoroughly and accurately investigate and respond to the EIR/ document comments. Additionally, in an effort to continue with overall project schedule and begin the extremely complex fi design and project permitting efforts, a final design consult firm needed to be identified at the earliest opportunity and tas with assisting with the completion of the environmental phase proceed with the preliminary, final design work necessary support permit applications. To this end, a detailed project sc of work was prepared jointly by the Port and City staffs forwarded to eighteen (18) qualified engineering and environmer consulting firms identified for the project. Four (4) for proposals were received. Following a lengthy selection, intervj and negotiating process, the consulting firm of Moffatt and Nic Engineers, Incorporated, of Long Beach, California, was unanimol selected by both the Port and City staffs as the most quali:' firm to perform the work. The design contract with Moffatt and Nichol is divided into two phases. The first phase encompasses supplemental studies intei to develop information and data necessary for the finalizatioi the EIR/EIS document. The second phase is intended to pre] detailed engineering plans, specifications, contract documei cost estimates, and construction support services for the projt Specific work tasks are further defined in the attached scopt services with Moffatt and Nichol. The second phase of the Moffatt and Nichol scope of services proceed only after the project EIR/EIS document has been certi by both the City of Carlsbad and the United States Army Corp Engineers in accordance with both CEQA and NEPA requirements. In order to implement this next phase of the project, ano reimbursement agreement between the City of Carlsbad and the of Los Angeles is hereby presented for the City Council's rE and approval. This agreement was formally approved by the Cit Los Angeles, Board of Harbor Commissioners, on March 14, 1 r 7' > e 0 Page 3 of Agenda Bill No. /?! K42 The agreement outlines a number of work tasks related to tk project, formally contracts with Moffatt and Nichol for the desi5 work, and includes provisions for reimbursement to the City c Carlsbad for all project expenses during this phase totalir $2,091,280. Staff recommends approval of the attachc reimbursement agreement with the City of Los Angeles. Also attached for the City Council's consideration is a seco: agreement with the City of Los Angeles, Board of Harbl Commissioners, entitled Sutmlement No. 1 to Exhibit B of Aqreeme No. 1439 regarding replacement of the West Carlsbad Bouleva Bridge as an element of the Batiquitos Lagoon Enhancement Projec As a result of the preliminary environmental and engineering wo for the project, the West Carlsbad Boulevard Bridge, which owned, operated and maintained by the City of Carlsbad, wj require complete replacement. This bridge is currently over fil (50) years old, at the end of its service life, substandard width, and will be adversely impacted by the proposed dredging E anticipated water flow volumes and velocities generated by t construction of the Enhancement project. City staff, with * assistance of the City Manager and City Attorney, have negotia. an agreement with the Port of Los Angeles in which the entire C bridge structure will be removed and replaced to current standa: as an element of the Batiquitos Lagoon Enhancement Proji construction at no cost to the City of Carlsbad. All bridge structures within the City are regularly inspected evaluated by the State of California, Department of Transportati An annual report is prepared by the State aprising local age bridge owners, in this case the City of Carlsbad, of the stabil and serviceability of all bridge structures within jurisdiction. The West Carlsbad Boulevard Bridge structure been listed by the State as requiring rehabilitation and replacement in the near future. Because this bridge structure been evaluated by the State and determined to require repaii replacement, the structure qualifies for the Federal Higl Administration's Federal Highway Bridge Replacement Pro( administered by the State of California, Department Transportation, (CALTRANS) . This special program referred tf the HBRR Program, provides the opportunity for up to 80% of value of the in-kind bridge replacement to receive Federal fun participation with the remaining 20% the obligation of the 1 agency. This is the identical Federal program that the Cit: Carlsbad successfully utilized in 1985 and 1986 to replace Carlsbad Boulevard Bridge over Agua Hedionda Lagoon. The attached agreement with the Port of Los Angeles identifies requirement for the replacement of the bridge struc necessitated by the Enhancement project and provides for funding by the Port of Los Angeles. Because this bridge struc qualifies for the Federal funding program, the agreement stipu: that the City of Carlsbad shall make its best efforts to sf Transmittal 0 0 r:xr:zx r: 0 m orlc*lrlo3 w 0 l-4 cIzo.v?=(II cr) m rnrnrl0C-q 0 0 0 I: x* - 4 =(I, U)N -1 1 m (\I II Ye cr, Icl 4 1. - ..... 0 f 0 a* rlw -Q, LC nl v d 2- ala 4Jd .rl c, m w QI rl 1 a - . Q) li m 4 . PC c, c ar c, m p1 - @J m rl > 1 e 0 Page 4 of Agenda Bill No. /a ~5~-~ FHWA funding for the bridge replacement. The agreement furthc stipulates that in the event FHWA funding is secured, the Port c Los Angeles shall fund any and all local agency matching funds fc the bridge replacement. Under either scenario, the bridc structure will be replaced at no cost to the City of Carlsbac Staff recommends approval of the attached agreement with the Ci. of Los Angeles. Further, the attached third resolution formal requests the City of Carlsbad’s participation in the Feder( funding bridge program administered by the State of Californi Department of Transportation. Staff recommends the adoption this resolution. City and Port staff will be making an extensive report on the issues as well as an overall summary of the status of t Batiquitos Lagoon Enhancement Project at this Council meeting. FISCAL IMPACT: The attached agreements with the City of Los Angeles, Board Harbor Commissioners, identify reimbursement funding to the Cj of Carlsbad for the next phase of the project totaling $2,091,2f Additionally, the bridge replacement agreement provides complete funding by the Port of Los Angeles. City financ participation in the continuing activities associated with ’ Batiquitos Lagoon Enhancement Project is not required. With the approval of the attached agreements, the City of Angeles, Board of Harbor Commissioners, will have committed a to of $4,018,820 to the City of Carlsbad for the Batiquitos Lag Enhancement Project. This amount represents 11.7% of the to estimated project budget of $34.3 million. EXHIBITS : 1. Resolution No. yd-q/ approving a reimbursement agreement F the City of Los Angeles, acting by and through its Board Harbor Commissioners, and awarding a consultant contract supplemental environmental and engineering studies, f design, and related consultant services for the Batiqu Lagoon Enhancement Project. 2. Reimbursement agreement identified as Transmittal No. 2. 3. Consultant agreement with Moffatt and Nichol Engine 4. Resolution No. 7’0-fL approving an agreement with the Cit Los Angeles, acting by and through its Board of Ha Commissioners, for the replacement of the West Carl Boulevard Bridge as an element of the Batiquitos Le Enhancement Project . Incorporated, with attached Exhibit A, Scope of Services. L -* * a Page 5 of Agenda Bill No. /."/T'+3 5. Supplement No. 1 to Exhibit B of Agreement No. 1439 identifit 6. Resolution No. ?dmfy formally requesting City of Carlsb, participation in the Federal Highway Administration's Feder< Bridge Replacement Program administered by the State ( California, Department of Transportation, (CALTRANS) , for t: replacement of the West Carlsbad Boulevard Bridge. as Transmittal No. 1. b % 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 a w 90-7 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH THE CITY OF LOS ANGELES, BOARD OF HARBOR COMMISSIONERS, AND APPROVING A CONSULTANT AGREEMENT WITH MOFFATT AND NICHOL, ENGINEERS, INCORPORATED, REGARDING THE BATIQUITOS LAGOON ENHANCEMENT PROJECT WHEREAS, the City of Los Angeles, acting by and th its Board of Harbor Commissioners (Board) and the City of Car (City) have previously executed agreement regarding a pro project identified as the Batiquitos Lagoon Enhancement Pr (Project) as potential mitigation for Los Angeles Harbor fillE WHEREAS, Board’ and City are parties to an agre ( ItMOAt1) involving various Federal and State regulatory and res agencies establishing procedures and responsibilities foi design, construction, and maintenance of the project; and WHEREAS, the MOA requires Carlsbad to administe design and construction of said project in addition tc permitting activities, acquisition of rights-of-way, and project entitlements; and WHEREAS, Board desires to fund costs associated supplemental environmental and engineering studies, final de and related consultant services for the continuation ol project; and WHEREAS, the City Council of the City of Carl California, hereby finds it necessary, desirable, and in the E interest to proceed with the agreement with the Board to affec continuing activities of the project. /// F , ' 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correc 2. That an agreement with the City of Los Angc Board of Harbor Commissioners for supplemental environmenta' engineering studies, final design, and related consultant ser for the Batiquitos Lagoon Enhancement Project is hereby app and the Mayor and City Clerk are authorized and directed to e, said agreement. Following the Mayor's and City Clerk's sigr of said agreement, copies of this resolution and all accompz agreements and exhibits are to forwarded to the Municipal Prc Department and the Port of Los Angeles, attention: Lisa Sale South Palos Verdes Street, P. 0. Box 151, San Pedro, Calif4 90733-0151. 3. That an agreement with Moffatt and Nichol Engi Incorporated, for supplemental engineering studies and final of the Batiquitos Lagoon Enhancement Project is hereby appro1 the Mayor and City Clerk are authorized and directed to E said agreement. Following the execution of this agreemen City Clerk is authorized and directed to forward copies c agreement in accordance with the distribution identified in 2 above. 4. That the value of the reimbursement agr totaling $2,091,280 is hereby appropriated to the City pro /// /// /// /// /// \ < *- 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e account with reimbursement funding available to accomplis objectives and work related to these agreements. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 20th day of March by the following vote, to wit: i AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABSENT: None ATTEST: w $*Rcu--ieJL\n,- ALETHA L. RAUTENKRANZ, City dlerk ( SEAL) L e 0 TRANSMITTAL NO. 2 REIMBURSEMENT AGREEMENT REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF LOS ANGELES FOR THE SUPPLEMENTAL ENGINEERING STUDIES, THE FINAL DESIGN AND RELATED CONSULTANT SERVICES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT THIS AGREEMENT is made this day of f 1990, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and the City of Los Angeles acting by and through the Board of Harbor Commissioners hereinafter referred to as BOARD. RECITALS WHEREAS, BOARD and CITY intend to pursue a project identified as the enhancement of Batiquitos Lagoon (Project) as mitigation for Los Angeles harbor fills; and with various federal and state agencies which established procedures and responsibilities for design, construction and maintenance of the Project: and engineering design and the draft EIR/EIS and is now in the process of finalizing the EIR/EIS by retaining the services of CH2M Hill; and WHEREAS, BOARD and CITY are parties to an Agreement ("MOA") WHEREAS, CITY has already completed the preliminary WHEREAS, to proceed with the Project it is now necessary tc retain the services of Moffatt and Nichol, Engineers to provide the supplemental engineering studies and final engineering desi< to prepare the City to construct the project; and WHEREAS, BOARD is responsible to fund the amount necessary 1 e m to carry out the supplemental engineering studies, final engineering design and related consultant services. conditions, it is agreed as follows: NOW, THEREFORE, in consideration of the covenants and CITY will engage the firm of Moffatt and Nichol, Engineers hereinafter referred to as CONSULTANT to perform the necessary engineering studies and final engineering design for the Batiquitos Lagoon Enhancement Project as described more specifically in Agreement No. between the City of Carlsbad and Moffatt and Nichol, Engineers. (Exhibit 1 to this Reimbursement Agreement and this Exhibit 1 includes a scope of services labeled Exhibit A) 2. CONSULTANTtS services shall be rendered in two phases. The first phase (Phase I) will be supplemental design studies, intended to develop information necessary for the finalization of the EIR/EIS and provide all information necessary for the BOARD to make a project decision at the time of EIR/EIS Certification. second phase (Phase 11) is intended to prepare detailed engineering plans, specifications, and cost estimates and to provide construction support services. Phase I and Phase I1 tasks are defined in the above referenced Scope of Services. 1. The (Exhibit A to Exhibit 1) 3. It is understood that Phase I1 of the Scope of Services, attached as Exhibit A, is necessary only after the Project EIR/EIS has been certified by the CITY and U.S. Army Corps of Engineers and only if, after the BOARD has reviewed all pertinent information revealed in the performance of Phase I work, it decides to proceed with final design of the project. tasks specified as Phase I1 of the Scope of Services, attached as Exhibit A, unless written notice to proceed is received from the City Manager or his designee. A condition precedent to this notice to proceed is approval by the BOARD to proceed with final project design. CITY and BOARD agree that to expedite completion of the Batiquitos Project, CITY will need to hire additional consultants (hereinafter "CONSULTANTStt) to perform the expert services described in Exhibit 2. BOARD agrees to reimburse CITY CONSULTANTS provided: (1) the CONSULTANTS selected and the scope of the CONSULTANTS work are agreeable to the Executive Director of the Los Angeles Harbor Department or his designee which 4. CONSULTANT shall not begin work on the sixteen (16) 5. 2 0 0 shall be given in writing by letter to CITY when the CONSULTANTS are selected; (2) the amount of the reimbursement for each CONSULTANT selected shall not exceed the amount listed in Exhibit 2 (which includes 25% contingency factor) without further BOARD approval (3) the amount of the reimbursement for the administrative services of CITY shall not exceed the amount listed in Exhibit 2 (which includes 25% contingency factor) without further BOARD approval. 6. BOARD shall pay the actual cost of Moffatt and Nichol, Engineers services provided these costs shall not exceed One Million Seven Hundred Seventy-Eight Thousan Seven Hundred Eighty Dollars ($1,778,780) without prio written approval of BOARD plus actual cost of additional CITY CONSULTANTS services provided these costs shall not exceed Two Hundred Twelve Thousand Fiv Hundred Dollars ($212,500) (including a twenty-five (25%) contingency factor) without prior written approval of the BOARD plus actual CITY administrative costs, not to exceed One Hundred Thousand Dollars ($100,000) (including a twenty-five (25%) contingency factor). The invoices of Moffatt and Nichol, Engineers and all additional Consultants retained by City as authorized by this agreement shall be forwarded monthly to BOARD for direct payment to CONSULTANT by BOARD in a timely manner. Monthly invoices for actual CITY administrative cost, shall be paid by BOARD in a like manner. Said invoices shall be fully documented by CITY. 7. It is understood that Moffatt and Nichol, Engineers an( additional CONSULTANTS shall be independent contractor: of the CITY. If, in the course of this Contract changes seem meritec by the CONSULTANT, CITY or BOARD and informal consultations with the other parties indicate that a change in the conditions of the Contract is warranted, the CONSULTANT, CITY, or BOARD may request a change in the scope of services. Such changes shall be processec by the initiating party in the following manner: A letter outlining the desired changes shall be forwarded to the other two parties to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. If CONSULTANT, CITY and BOARD agree on the proposal, a supplemental agreement or change order shall be prepared by the CITY and approved by CONSULTANT, BOARD and City Council. CONSULTANT'S compensation for said change order shall 8. 3 0 e be determined based on the fee schedules contained in the CITY/CONSULTANT Agreement (Carlsbad Agreement No. 1- 9. It is understood that BOARD shall provide CITY with a Project Manager to assist CITY in carrying out Phase I engineering studies and Phase 11, final engineering design. The Project Manager shall report to and take direction from CITY, through the City Manager or his designee, provided however, that CITY agrees that it will at all times consult with BOARD if BOARD expresse, any concerns regarding the Project and will implement all requests of BOARD unless it expressly finds such requests are unreasonable. The Project Manager shall comply with all laws, rules and policies of CITY and may be removed by BOARD or the CITY, after consultatio; with BOARD, if his/her performance is in any respect unsatisfactory. The Project Manager shall be provided appropriate office space and facilities, if available, (phone, copies, files, etc.) by CITY. for the CONSULTANTS identified in this Agreement which may be accomplished and paid for in accordance with Sections 5 and 9 of said MOA, BOARD shall be reimbursec for the actual amount of its payments to CONSULTANT anc CITY from the Escrow Account established under the terms of the MOA, upon written request by BOARD. In consultation with the CITY, BOARD shall have the right to terminate the work of CONSULTANT at anytime for any reason as long as BOARD reimburses the CONSULTANT and CITY for costs incurred to date. Such termination shall be accomplished by BOARD providing CITY a writter notice and CITY terminating the CONSULTANT'S Agreement as provided in that Agreement. The work product of CONSULTANT shall be owned jointly by CITY and BOARD. CITY and BOARD agree that the plans developed by CONSULTANT are proprietary information which have an economic value to a person restoring the lagoon. If for any reason BOARD does not proceed with the project, it agrees that CITY may use the plans developed by CONSULTANT, at no cost to the CITY, to itself restore the lagoon. CITY agrees that if any other person wishes to restore the lagoon and use such plans, that BOARD shall be entitled to be reimbursed from such person the value of the plan to the extent BOARD funds have paid for the work of the CONSULTANT. 10. It is understood that, since BOARD is advancing funds 11. 4 0 m IN WITNESS WHEREOF, the parties hereto have executed this - - agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California BY CLAUDE A. LEWIS, Mayor Attest City Clerk CITY OF LOS ANGELES, by and througk its Board of Harbor Commissioners By EZUNIAL BURTS,Executive Direct01 APPROVED AS TO FORM: BY ,199( VINCENT F . BIONDO , JR. City Attorney APPROVED AS TO FORM: BY ,1990 RAYMOND P. BENDER Assistant City Attorney LS/cs 13737p2.cs 03/02/90 5 a m ENGINEERING AGREMENT WO. AGREEMENT FOR SUPPLEMENTAL ENGINEERING STUDIES AND THE FINAL ENGINEERING DESIGN FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT This Agreement, made and entered into as of the day of March, 1990, by and betueen the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as llCITY,@’ and Mof and Nichol, Engineers, a California corporation of 250 West Wardlou Road, Long Beach, CA 90807, hereina referred to as “CONSULTANT1@. RECITALS CITY requires the services of Hoffatt and Nichot, Engineers to provide the neces engineering/envirormental services for the completion of the supplemental engineering studies and f engineering design for the Batiquitos Lagoon Enhancement Project; and CONSULTANT, its personnel and Subconsultants, by training, knouledge, and experience in the field civil, structural, coastal and wetland design engineering possess the necessary skills and quatification provide the services required by CITY; Nou, therefore, in consideration of these recitals and the mutual conditions and covenants conta herein, CITY and CONSULTANT agree as folious: 1. DEFINITIONS A. Agreement. B. City. The City of Carlsbad, a nunicipal corporation. C. City Manager. D. Cities. The City of Carlsbad and the City of Los Angeles (including its Harbor Department). E. Consultant. Hoffatt and Nichol, Engineers. F. Project. The Batiquitos Lagoon Enhancement Project, as defined herein includes (1) the phys reconfiguration of the Lagoon and Lagoon bottom through dredging and excavation as required to res tidal inf lous and aid in maintaining an open Lagoon mouth; (2) creation of neu intertidal and subt habitats while protecting existing habitats; (3) construction of California least tern nesting si including fences, to preserve like habitat; (4) construction of a tidal inlet structure that minimize the probability of inlet closure, minimize adverse effects to upcoast and douncoast beac maximize tidal exchange and minimize maintenance dredging requirments; (5) construction of a new ’ Carlsbad Boulevard Bridge; (6) disposal of dredged and excavated material by technically feasi enviromntally acceptable and cost-effective methods; (7) monitoring activities to determine condition of the constructed Lagoon on a regular basis; and (8) necessary maintenance activities G. Subconsultant(s). wetland Research Associates, Inc.; P &D Technologies; Uooduard-Clyde Consulta Ogden Beeman & Associates, Inc.; and Melchoir Land Surveying, Inc. H. Vork. All services to be provided by Consultant and Subconsultants pursuant to this Agreem This docwnt and Exhibit A with Attatchments A through H made a part of it. The City Manager of the City of Carlsbad. 1 e ,. necessary to allow City to praceed with construction and carpietion of Project. 2. PHASES OF SERVICES CONSULTANT*S services shall be rendered in two phases. The first phase (Phase I) will be supplemen design Studies, imended to develop informetion necessary for the finalization of the EIR/EIS for Project and to provide all informetion necessary for the CITY to make a project decision at the t of certification. The second phase (Phase 11) is final engineering design. Phase I and Phase I1 ta are defined in the "Scope of Services" attatched as Exhibit A, and made a part of this agreement. 3. NOTICE TO PROCEED FOR PHASE I1 It is uderstood that Phase I1 is necessary only after the Project EIR/EIS has been certified by CITY and the U.S. Army Corps of Engineers and only if the CITY elects to go forward with the Proje CONSULTANT shall not begin work on the sixteen (16) tasks specified as Phase I1 of the O*Scope Services", rnless written notice to proceed is received from the CITY Manager or his designee. 4. NOTICE TO PROCEED FOR OPTIONAL WRK ITEMS CONSULTANT shall not begin work on any of the optional scope item, (Options) in Phase I or Phase of the "Scope of Services" rnless written notice to proceed is received from the CITY Manager or designee. 5. CONSULTANT'S OBLIGATIONS The CONSULTANT shall: A. Conduct the necessary tasks required to complete Phase I and, if authorized, Phase 11 of Project design. Said tasks are identified in the Scope of Services dated February 28, 19 a copy of which is attached 9xpe of ServicesH- Exhibit A and incorporated by refere herein; Attend such meetings of public and private groups as may be required in conjunction with preparation and approval of the final engineering design; Provide all personal transportation during the course of this agreement; Hold harmless from acts or missions of CONSULTANT'S employees or Subconsultants While on L Omers property all land omrs granting permission for CONSULTANT to enter and conduct t required studies as identified in the I'Scope of Services*. B. C. D. E. Perform all fwtim, respansibilities and requirements to cdnplete Phase I and, authorized, Phase I1 of the Project as specified in the 'Scope of Services' Exhibit A her1 above referenced. 6. CONSULTANT'S PROJECT MANAGER PERSONNEL COWITNEWTS The COUSULTANT shall provide the following key staff for work. Thy wilt camit the time noted bell A. James Yalker, as Project Manager, shall spend a minim of forty-five percent (45%) availabte normal work hours, which is approximately fifty-eight (58) eight-hour days, ckrr the term of Phase I Uork, and a minim of twenty percent (20%) of normal available work hou which is approximtely thirty-seven (37) eight-hour days, during the tern of Phase I1 Yor In the event that the above specified Project Manager keaaea incapacitated or separated f the CONSULTANT, the CONSULTANT shall notify the City llanager in writing of the change in sta of the Project Manager and the recOmnended Project Manager replacement. m change CONSULTANTS Project Manager shall rcqoire written approval of the City Manager prior to chw The City Manager reserves the right to audit the records of CCUSULTANT to ensure that tl carmitment is met. B. C. 7. CITY OBLIGATIONS Under the general direction of the City Manager and subject to the provisiow of this Agreement, C 2 e e shall: A. Make available to CONSULTANT its records, reports and other docunents deemed necessary properly perform the services required by the CITY; Obtain all required permits, with CONSULTANT8S assistance, to allw the CONSULTANT to per1 the tasks identified in the %xpe of Services"- Exhibit A; Obtain permission fran property OYnerS to allow the CONSULTANT to both enter the priv property and to perform the tasks identified in the "Scope of Servicesoo - Exhibit A; Review materials submitted by CONSULTANT in a timly mamr so that the CONSULTANT can adh to the time schedule contained in the "Scope of Services" - Exhibit A; 8. C. D. E. Amounce, advertise, conduct and record el\ public meetings and hearings, with CONSULTAN assistance, related to the conpletion of this Agreement; F. Provide a Project Manager uho shall act on behalf of the CITY in the execution of t Agreement. 8. PROGRESS AND COnPLETION The work uder this Agreement will begin within ten (10) uorking days after receipt of writ notification to proceed by CITY and be conpleted according to the schedule set forth in Attatchm E - sqSchedulc of Performance8*. Extensions of time may be granted if requested by CONSULTANT and agr to in writing by the City Manager. In consideration of such requests, the City Manager will g allowance for docunented and substantial unforeseeable and unavoidable delays not caused by error the part of the CONSULTANT, or delays caused by CITY inaction or other agencies' lack of timely acti 9. FEES TO BE PAID TO CONSULTANT The lurp sun fee payable according to Paragraph 10, IoPayment of Fees", shall be One Million Se! Hundred Seventy-Eight Thousand Seven Hundred Eighty Dollars ($1,778,780). No other compensation 1 services will be allowed except those items covered by supplemental agreements per Paragraph ' Vhanges in UorkI8. 10. PAYMENT OF FEES Payment of fees shall be in accordance with the fees by task set forth in Attatchment F - "Method Compensation*. CONSULTANT shall subit invoices monthly that represent the value of work carplei to date, minus any prior payments medc. Payments shall be nmde in the course of CITY business follow delivery of invoices provided fees are verified and approved by CITY. Payment of any invoices pursue to this section shall not constitute 8 waiver by CITY of any breach of any part of this Agreaner Payment will normally be made within 60 days of receipt of invoice. 11. FINAL SUBMISSIONS COMSULTANT shall deliver to CITY the Finat Work Products in accordance with Attatchment E - "Schedr of Perf ommnceu. 12. CHANGES IN UORK If, in the course of this Agreement, changes sean merited by the CONSULTANT and the CITY, and infornl consultations with the other party indicate that a change in the conditions of the Agreement warranted, the CONSULTANT or the CITY may request a change in the scope of work. Such changes she be processed by the CITY in the following mamr: A letter outlining the desired changes shall forwarded to the City Manager or COWSULTANT to inform them of the proposed changes along with statement of estimated changes in charges or time schedule. After reaching wtual agreement on t proposal, a supplemental agreement or change order shall be prcpered by the CITY and approved by t City Camil. CONSULTANT'S campensation for said change order shall be determined based on the f schedules contained in Attachment F - Wethod of Conpensation/Consultant Fee Schedule8n. 13. COVENANTS AGAINST CONTINGENT FEES The CONSULTANT uarrants that its firm has not employed or retained any ccrrpany or person, other thl 3 0 0 a bonafide enployee working for the CONSULTANT, to solicit or secure this Agreement, and that CONSUL has not paid or agreed to pay any cargeny or person, other than a bonafide enployee, any comnission, percentage, brokerage fee, gift, or any other consideration contingent w, or resul frm, the award or making of this Agreement. For breach or violation of this uarranty, the CITY B have the right to am1 this Agreement without liability, or, in its discretion, to deduct fron Agreement price or consideration, or otherwise recover, the full mt of such fee, comniss percentage, brokerage fee, gift, or contingent fee. 14. NONDISCRIMINATION CLAUSE The CONSULTANT shall carply with the State and Federal Ordinances regarding discrimination. 15. TERMINATION OF CONTRACT In the event of the CONSULTANT'S failure to prosecute, deliver, or perform the work as provide in this Agreement, the CITY my notify the CONSULTANT of its intent to terminate this Agreement. CONSULTANT shall respond within ten (10) working days of its receipt of notification. The CIT' then terminate this Agreement for nonperformance by notifying the CONSULTANT by certified mail the Agreement is terminated the CUNSULTANT, thereupon, has five (5) working days to deliver docu ouned by the CITY and all work in progress to the City Engineer. The City Manager shall M determination of fact based upon the docunents delivered to CITY of the percentage of work uhicl CONSULTANT has performed, uhich is usable in having the Work for this Agreement canpleted. Based that finding as reported to the City Council, the Council shall determine the final payment o Agreement. 16. D I SWTES If a dispute should arise regarding the performance of work under this Agreement, the foll procedure shall be used to resolve any question of fact or interpretation not otherwise settll agreement between the parties. Such questions, if they become identified as a part of a dispute persons operating under the provisions of this Agreement, shall be reduced to uriting by the prin of the CONSULTANT or the City Manager. A copy of such docunented dispute shatl be forwarded to parties involved along with recomnended methods of resolution uhich wld be of benefit to both par The City Manager or principal receiving the tetter shall reply to the letter along with a recm method of resolution within ten (10) working days. If the resolution thus obtained is wsatisfa to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council fo resolution through the Office of the City Manager. The City Comcil may then opt to considel recumnended solution to the problem. In such cases, the action of the City Cwncit shall be bi upon the parties involved, although nothing in this procedure shall prohibit the parties se remedies available to them at law. I?. RESPONSIBILITY OF THE CONSULTANT The CONSULTANT shalt be respansible for the professional quality, technical accuracy, am coordination of all designs, drawings, specifications, and other services furnished by the CONSU under this Agreement. The CONSULTANT shall, without additional conpensation, correct or revis errors or deficiencies in its designs, drawings, specifications, and other services. Neither the CITY'S revieu, approval or acceptance of, nor paymmt for, the services required uder Agreement shall be construed to operate as a waiver of any rights vder this Agreement or of any of action arising out of the prrformance of this Agreement, and the CONSULTANT shall be and r liable to the CITY in accordance with applicable law for all hges to the CITY caused b CONSULTANT'S negligent performance of or unissions of any of the services furnished uder Agreement. The rights and remedies of the CITY provided for under this Agreement are in addition to any rights and remedies provided by law. 18. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by the CITY upon rendering ten (10) working days Written Mti the CONSULTANT. In the event of such suspension or termination, upon request of the CITY CONSULTANT shall assemble the work product and put same in order for proper filing and closin deliver said product to CITY within five (5) working days. In the event of termination, the CONSU shall be paid for work performed up to the termination date; however, the total shall not excee 4 0 0 gueranteed total maxinun. The CITY with input from the CONSULTANT shall agree on the work perfom If no agreement is reached, the CITY shall make the final determination as to the portions of ti conpleted and the carpensation to be d. 19. STATUS OF THE CONSULTANT The CONSULTANT shall perfom the services provided herein in COWSULTANT'S oun way as an indepenc Contractor and in pursuit of CONSULTANT'S inapcndcnt calling, and not as an arployct of the CI CONSULTANT shall be wder Control of the CITY only as to the result to k acconplished and the persor assigned to the Project but shall consult with the CITY as provided for in the request for propoe The CONSULTANT is an independent contractor of the CITY. The payment made to the CONSULTANT pursi to this Agreement shall be the full and conplete conpensation to which the CO)ISULTANT is entitl The CITY shall not mab any federal or state tax withholdings on behalf of the CONSULTANT. The C shall not be required to pay any workers carpensation insurance on behalf of the CONSULTANT. CONSULTANT agrees to indemify the CITY for any tax, retirement contribution, social security, overt payment, or worker's ccnpensation payment which the CITY may be required to make on behalf of CONSULTANT or any employee of the CONSULTANT for work done under this Agreement. 20. CONFORMITY TO LEGAL REQUIREMENTS The CONSULTANT shall cause all drawings and specifications to conform to applicable requirements law: Federal, State, and local. CONSULTANT shall assist the CITY to provide all necessary support docunents to be filed with any agencies whose approval is necessary. 21. CUNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications prepared for this project are become the property of the CITY, uhether the work for which they are prepared be executed or not, I they are for this project only and are not to be changed or used on any other project except at sole risk of the CITY. In the event this Agreement is terminated, all docunents, plans, specificatia drawings, reports, and studies shall be delivered forthwith to the CITY. CONSULTANT shall have right to make copies of the pians for its records. The CONSULTANT shall not be allowed to publish results of the technical studies and final engineering design or to sell any data or models develol expressly as part of this Agreement without the written permission of the CITY. 22. ASSIGNMENT OF AGREEMENT The CONSULTANT shall not assign this Agreement or any part thereof or any monies due thercurler withc the prior written consent of the CITY. 23. SUBCQUTRACTING If the CONSULTANT shall subcontract any of the work to be performed vder this Agreement by 1 CONSULTANT, CONSULTANT shall be fully responsible to the CITY for the acts and anissions of CONSULTAN' Subconsultant and of the persons either directly or indirectly enployed by the Subconsultant COWSULTAN1 is for the acts and anissions of prrsons directly enployed by the CONSULTANT. Nothl contained in this Agreement shall create any contractual relationship betueen any Subconsultant CONSULTANT and the CITY. The CONSULTANT shall bind every Subconsultant by the term8 of this Agreeme applicable to CO)(SULTANT8S work unless specifically noted to the contrary in the subcontract in Vsti approved in writing by the CITY. It is understood that the CONSULTANT intends to engage these Subconsultants for performance of portio of the Uork: 0 Uetlands Research Associates, Inc. 0 P 8 D Technologies 0 Uooduard-Clyde Consultants 0 Ogden Beeman & Associates, lnc. 0 Helchoir Land Surveying,Inc. 5 0 m Uhenever it is necessary for CONSULTANT to enploy Subconsultants not identified above, their employ shall require the prior written approval by the CITY except Subconsultants whose total costs to borne by the CONSULTANT is less than Twenty Thousand Dollars ($20,000) 26. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, m accept, or approve, or take part in negotiating, making, accepting, or approving of any architectu engineering inspection, construction or material supply contractor, or any subcontractor in co~ec with the construction of the Project, shall become directly or indirectly interested personally in Agreement or in any pert thereof. No officer, arployee, architect, attorney, engineer, or inspe of or for the CITY uho is authorized in such capacity and on behalf of the CITY to exercise executive, supervisory, or other similar furctions in comcction with the performance of this Agree shall become directly or indirectly interested personally in this Agreement or any part thereof. 25. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or enployee of the CITY, either bef during, or after the execution of this Agreement, shall affect or modify any of the terms or obligat herein contained nor such verbal agreement or conversation entitle the CONSULTANT to any additi payment whatsoever under the tens of this Agreement. 26. SUCCESSORS OR ASSIGNS All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties her and each of their respective heirs, executors, achinistrators, successors, and assigns. 27. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 28. CONFLICT OF INTEREST The CONSULTANT shall file a Conflict of Interest Statement with the CITY Clerk of the CITY of Carl in accordance with the requirements of the CITY of Carlsbad Conflict of Interest Code. 29. HOLD HARMLESS AGREEMENT The CONSULTANT retained ptrsuant to this Agreement shall at all times relieve, indennify, protect save harmless the CITIES and any and all of their boards, officers, agents, and enployees from an) all claim and demends, action, proceedings, l~sses, liens, costs and judgemnts of any kind and ne whatsoever, including expenses incurred in defending against legal actions, for death of or injur persons or kge to property including property owned by or uxkr the care and custody of CITIES for civil fines and penalties, that may arise fran or be caused directly or indirectly by: A. Any dangerous, hazardous, wfe or defective condition of, in or on the praises which the subject of this Agreamnt of any nature Yhatsoever, which my exist by reason of negligent act or anission, or any use or occtpation of the praises by CONSULTANT, officers, agents, anployees, subcontractors or Subconsultants, for which it is legally lis Any negligent operation condutted qmn or any negligent use or occtpetion of the praise CONSULTANT, its officers, agents, enployees, sukontractors or Subconsultants mder or prs to the provisions of this Agreement; Any failure of CUNSULTNT, its officers, agents or arployees to canply with any of the 1 or conditions of this Agreement or any applicable federal, state, regional, or mnicipal ordime, rule or regulations; 0. C. 0. The conditions, operations, uses, occupations, acts, omissions or negligence, existir condwted upon or arising from the use or occupation by CONSULTANT on any other premises Y' the CITY of Carlsbad related to this Agreement. The CONSULTANT agrees to indennify CITIES end pay for all damage or loss suffered by CITIES inch 6 0 0 but not limited to damage to or loss of CITIES' property resulting from CONSULTANTS obligations described in subsections (A) through (0) of this Section 29. The CONSULTANT agrees that it uill maintain the insurance specified in this Agreement. insurance shall be written at limits specified herein and uith such companies as are acceptable CITIES and the CONSULTANT shall provide CITIES uith proof of said insurance as specified below. All such 30. WORKERS' COMPENSATION A. The CONSULTANT agrees to secure the payment of compensation to its enployees injured wh performing uork or labor necessary for and incidental to performance under this Agreement accordance uith the provisions of Section 3700 of the Labor Code of the State of Californ 6. The CONSULTANT shall file uith CITIES one of the follouing: (1) a certificate of consent self-insure issued by the Director of Industrial Relations, State of California, (2) certificate of Uorkers' Conpensation insurance issued by an atfnitted insurer, or (3) an ex copy or duplicate thereof of the policy certified by the director or the insurer. S documents shall be filed prior to comnencing the Work of this Agreement. Where the CONSULTANT has enployees who are covered by United States Longshoremen and Har Uorkers' Compensation Act coverage, the CONSULTANT mist furnish proof of such coverage to satisfaction of CITIES. C. 31. LIABILITY AND INOEMNITY INSURANCE A. The CONSULTANT shall furnish a policy of corrprehensive general liability insurance u endorsements for contractual liability assumed and automobile Liability insurance, in uhi CITIES, their boards, officers, agents, and employees are named insureds or are included additional insureds with the CONSULTANT. Such policy shall fully protect and save harmlc the additional insureds from any and all claims for damages for bodily injury, includi wrongful death, as uell as from claims for property damages, uhich may arise from operatic under and in connection uith this Agreement, uhether such operations be by the CONSULTANT by any subcontractor or Subconsultant or anyone directly or indirectly employed by either them and uhether liability is attributable to the CONSULTANT or any of the named insurec Such policy shall protect the CITIES, their boards, officers, agents, and employees uh, acting uithin the scope of their duties, against all claims arising out of or in connect uith the uork. 6. The minim limits of Liability Insurance shall be the limits normally carried by 1 CONSULTANT, but not less than $1,000,000 combined single Limit for property damage and bod injury including death. If the submitted policies contain aggregate limits the CONSULTi shall provide evidence of insurance protection for such limits, so that the required covera is not diminished in the event that the aggregate limits become exhausted. Said limit sha be without deduction, provided that CITIES and their designee may permit a deductible amOL when, in their judgement, it is justified by the financial capacity of the CONSULTANT. Nothing herein shall be construed as limiting the extent to uhich the CONSULTANT may be he legally responsible for damages to persons or property. C. D. Uhen the work of this specification requires the use of watercraft or helicopter, t CONSULTANT must additionally provide protection and indmity insurance for watercraft, 2 aviation liability insurance for helicopter in the amwit of Sl,OOO,OOO cdined single limi This insurance may be furnished by the Subconsultant using the uatercraft or helicopter rath than the CONSULTANT. 32. The insurance endorsement attached hereto as Attachment H - Y+ecial Insurance Endorsement", shall made available to Contractors and CONSULTANTS and shall be filed uith the Project Manager to satis the insurance requirements described above. 33. PROFESSIONAL LIABILITY INSURANCE CONSULTANT certifies that it nou has professional liability insurance in the amount of one milli dollars (S1,000,000), that it wi 11 take whatever steps necessary to assure that the work performed und 7 0 0 this agreement will be covered by such policy, and that it uill keep such insurance or its equive in effect at all times during performance of this Agreement and Mill expend every effort to retain policy for tu0 years following completion of the plans and specifications under this agreement. 34. INSURANCE DOCUMENTS AND SUBMITTALS A. ALL required insurance policies shall be transmitted to the Project Manager within thirty days of auard of contract for approval by CITIES. B. The approval of insurance by CITIES shall be a condition precedent to the right of CONSULTANT to demand or receive payment for the uork under this Agreement requiring insurance. No request for payment uill be processed until the required insurance has approved by CITIES and no Notice to Proceed uill be issued until such approval has been gi C. The CONSULTANT SHALL SUBMIT tu0 %ertified duplicate" copies of all policies of requ insurance with personal ly executed signatures of authorized agent or representative. Facsi signatures uill not be approved. IN LIEU OF CERTIFIED DUPLICATE COPIES OF INSURANCE POLIC CERTIFICATES OF INSURANCE ENDORSED WITH ATTATCHMENT H -"SPECIAL INSURANCE ENDORSEMENT" BE ACCEPTED. D. The General Liability Policy provided by CONSULTANT and Protection and Indemity PC provided by the Subconsultant using watercraft, as specified in subsection (Dl of paras 31, shall name as additional insureds the CITIES, their boards, officers, agents, employees, and must contain a noncancellation clause exactly as follous: #'It is agreed that the insurance provided herein will not be cancelled or substituted ui policy that is reduced in amount until the Board of Harbr Comnissioners and the City Atto of the City of Los Angeles and the City of Carlsbad and its City Attorney have been 9 thirty (30) calender days notice by certified mail1*. //I/ //// I/// //// //// //// //// ///I //// //// //I/ //I/ //// //I/ //I/ //I/ a e 0 IN UITNESS UHEREOF, we have heremto set our hands and seals. THE CITY OF CARLSBAD Date BY CWE A. LEYIS, Mayor Attest City Clerk WFFATT AND NICHOL, ENGINEERS Date 3 6 +?& B &b Pt-fs,Jrh f APPROVED AS TO FOIW: Date BY 3/1/90 002.1s 9 e 0 TRANSMITTAL NO. 1 SUPPLEMENT NO.l TO EXHIBIT B OF AGREEMENT NO. 1439 DEFINING SUPPORT BY THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS TO THE CITY OF CARLSBAD FOR THE BATIQUITOS LAGOON ENHANCEMENT AGREEMENT This Supplement No. 1 to Exhibit B of Agreement No. 1439 is entered into by the City of Carlsbad (rrCityrt) and the City of Los Angeles acting by and through its Board of Harbor Commissioners ( rrBoardrt) . RECITALS WHEREAS, City and Board are parties to Agreement No. 1439 (#'the Agreement" ) establishing a project for compensation of marine habitat losses incurred by port development landfills within the harbor district of the City of Los Angeles by marine habitat enhancement at Batiquitos Lagoon ( Itthe Projecttf) . WHEREAS, Exhibit B to Agreement No. 1439 constitutes a separate agreement between City and Board to specify the payment and support obligations of Board to City in order to perform its obligations for the Project under the agreement. WHEREAS, as a result of the preliminary environmental and engineering work for the Project, City and Board acknowledge and agree: (1) the West Carlsbad Boulevard Bridge (the IrBridgerg) is a fifty (50) year old bridge which CALTRANS has determined is at the end of its service life, and (2) the dredging and water flow restorations inherent in the Project, if undertaken, will necessitate the replacement of the Bridge at Batiquitos Lagoon. NOW, THEREFORE, City and Board agree that Section 3 of Exhibit B to Agreement No. 1439, which is entitled IIProject Constructiontr is modified to add subsection 3(g) as follows: I. Subject to the conditions below, City, as part of its obligations under the Agreement to accomplish the Project, will design and construct the Bridge. The Bridge replacement will be built to current City standards and will include, in addition to a new two lane bridge with road transitions and utilities, areas for bicycles and vehicle and pedestrian accesses to and across the lagoon. The Bridge will be constructed by 0 1) Board @ City as an integral part of the Project. obligation to fund Bridge construction costs i contingent upon Board proceeding with the Project as se forth in Section VI of Agreement No. 1439. To the exten that it has not already been done, all necessar environmental or design work for the Bridge will b performed by the consultants retained by City as part o its contracts for the Project. City and Board agree that the Bridge is included withi the scope of the Project under the Agreement and Exhibi B. City will integrate the bridge into the Projec schedule. Board will reimburse the City for its cost in designing and constructing the Bridge includinl administrative costs, in accordance with Exhibit B. Cit will otherwise administer and accomplish construction o the Bridge as part of the Project in accordance wit: Exhibit B. 111. City will use its best efforts to obtain grant funds fo the Bridge from the California Department o Transportation (CALTRANS) . To the extent the City i: able to secure CALTRANS money, it will be used for thc Bridge. If CALTRANS funds cannot be obtained or if thc cost of the Bridge is in excess of the available gran. money, then the Board will reimburse the City the cos' of Bridge construction as a project cost in accordancf with Exhibit B. IV. The Bridge will be constructed to the extent possiblc within the existing City right-of-way. City, i: necessary, will obtain easements from state parks 01 utility companies the cost of which will be included ii the Bridge construction cost. Bridge construction cost: shall also include the cost of demolishing the existinc bridge. When completed the Bridge will be accepted b! the City as part of City's public street system. Up01 acceptance City will assume responsibility foi maintenance and liability in accordance with the City'! programs in that regard applicable to other City streets, 11. a rl) This Supplement shall be effective on the date 0: approval by City or Board whichever is later. Dated: CITY OF CARLSBAD, a municipal corporation Claude A. Lewis, Mayor APPROVED AS TO FORM: Vincent F . Biondo, Jr. City Attorney CITY OF LOS ANGELES BY AND THROUGH ITS BOARD OF HARBOR COMMISSIONERS Ezunial Burts Executive Director APPROVED AS TO FORM: Raymond P. Bender Assistant City Attorney 1s:sp 003. Is 2/21/90 e w I EXHIBIT A BATIQUITOS LAGOON ENHANCEMENT PROJECT SCOPE OF SERVICES .J February 28, 1990 Prepared for City of Carl sbad 2075 Las Palmas Drive Carl sbad , CA 92009-4859 and Port of Los Angeles 425 South Palos Verdes Street San Pedro, CA 90733-0151 Prepared by Moffatt & Nichol, Engineers 250 W. Wardlow Road Long Beach, CA 90807 e 0 *? BATIQUITOS LAGOON ENHANCEMENT PIAN SCOPE OF SERVICES GENERAL STATEMENTS A. This scope of services comprises supplemental studies and final design of the Batiquitos Lagoon Enhancement Plan. The City of Carlsbad (City) and the Port of Los Angeles (Port) are preparing the final joint Environmental Impact Report and Environmental Impact Statement (EIR/EIS) . CH2M Hill is the EIR/EIS consultant. The supplemental studies and final design effort are divided into two phases. The first phase (Phase I) is intended to develop the information required to support 3 project decision at the time of the EIR/EIS Certification. The second phase (Phase 11) is intended to prepare detai 1 ed engi neeri ng pl ans , speci fi cations , and cost estimate (PS&E) and to provide construction support servi ces . The Project Manager and contact for this project will be Ms. Lisa Sales of the Port. All correspondence shall be directed to Mr. John Cahill , Municipal Projects Manager for the City, with a copy to Ms. Sales. All correspondence from the City and the Port shall be directed to Dr. James Walker, with routing noted to the appropriate person or consultant. Options listed in this scope may only be initiated by the written authorization of the City. Written authorization by the City is required before Phase I1 may be commenced. Drawings shall be prepared on 24-inch by 36-inch sheets, utilizing the City of Carlsbad standard title block. The City shall furnish a sample title block and a reproducible title sheet. Specifications shall be prepared using the Standard Specifications for Public Works Construction (Green Book) as the project standard and i ncorporat i ng General Provi si ons and Standard Speci a1 Provi si ons furnished by the City. B. C. D. E. F. G. i 0 0 CONTENTS PHASE I Pas GENERAL STATEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TASK 1 - REVIEW AND EVALUATION OF PREVIOUS STUDIES . . . . . . . . . . TASK 2 - GEOTECHNICAL PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . TASK 3 - LAGOON ENHANCEMENT PLAN . . . . . . . . . . . . . . . . . . . . . . TASK 4 - DREDGING AND DISPOSAL PLAN . . . . . . . . . . . . . . . . . . . . . TASK 5 - TIDAL INLET . . . . . . . . . . . . . . . . . . . . . . . . . . . TASK 6 -' BEACH NOURISHMENT PLAN . . . . . . . . . . . . . . . . . . . . . . 1 TASK 7 - ENVIRONMENTAL MANAGEMENT PLANS . . . . . . . . . . . . . . . . . . .' 1 TASK 8 - UTILITY RELOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . I TASK 9 - BRIDGE STUDIES AND COORDINATION * . 1 TASK 10 - PERMIT APPLICATION AND AGENCY COORDINATION . . . . . . . . . . . 1 TASK 11 - ESTIMATES OF CONSTRUCTION COSTS AND CONSTRUCTION SCHEDULES . . . . 1 TASK12-SUMMARYREPORT . . . . . . . . . . . . . . . . . . . . . . . . . . 1 TASK 13 - PROJECT MANAGEMENT AND STUDY SCHEDULE . . . . . . . . . . . . 1 TASK 14 - CONSTRUCTION SUPPORT SERVICES . . . . . . . . . . . . . . . . . . 3 TASK 15 -MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 TASK 16 - TECHNICAL REVIEW COMMITTEE . . . . . . . . . . . . . . . . . . 3 ii 0 e 1- CONTENTS PHASE I1 Pagt TASK 1 - REVIEW AND EVALUATION OF PREVIOUS STUDIES . . . . . . . . . . . . . 1! TASK 2 - GEOTECHNICAL PROGRAM . . . . . . . . . . . I! TASK 3 - LAGOON ENHANCEMENT PLAN . . . . . . . . . . . . . . . . . . . . . . . l! TASK 4 - DREDGING AND DISPOSAL PLAN . . . . . . . . . . . . . . . . . . . . 2( TASK 5 - TIDAL INLET DESIGN . . . . . . . . . . . . . . . . . . . . . 2( TASK 6 .. BEACH NOURISHMENT PLAN . . . . . . . . . . . . . . . . . . . . . . . 2: TASK 7 - ENVIRONMEETAL MANAGEMENT PLANS . . . . . . . . . . . . . . . . . . 2: TASK 8 - UTILITY RELOCATIONS . . . . . . . . . . . . . . . .% 2: TASK 9 - BRIDGE DESIGN AND COORDINATION . . . . . . . . . . . . . . . . . 2; TASK 10 - PERMIT APPLICATION AND AGENCY COORDINATION . . . . . . . . . . . . 2; TASK 11 - ESTIMATES OF CONSTRUCTION COSTS AND CONSTRUCTION SCHEDULE . . . . 2: TASK12-REPORTS .-.... . . . . . . . . . . . . . . . . . . . . . . . 2: TASK 13 - PROJECT MANAGEMENT AND DESIGN SCHEDULE . . . . . . . . . . . . . . 24 TASK 14 - CONSTRUCTION SUPPORT SERVICES . . . . . . . . . . . . . . . . . . . Z! TASK 15 - MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 TASK 16 - TECHNICAL REVIEW COMMITTEE . . . . . . . . . . . . . . . . . . . 2( ATTACHMENTS A: PRIOR STUDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B: PERMITS AND APPROVALS C: MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D: TECHNICAL REVIEW COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . E: SCHEDULE OF PERFORMANCE . . . . . . . . . . . . . F: METHOD OF COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . G: ITEMS TO BE FURNISHED BY OTHERS . . . . . . . . . . . . . . . . . . . . H: SPECIAL INSURANCE ENDORSEMENT . . . . . . . . . . . . . . . . . . . . iii 0 e PHASE I TASK 1 - REVIEW AND EVALUATION OF PREVIOUS STUDIES Object i ve : Determine if prior studies are adequate for final design. Scope: 1.1 1.2 Review a1 1 studies previously prepared and 1 isted in Attachment A. Meet with the Port, the City and CH2M Hill to discuss the work accomplished to date on the draft EIR/EIS and the scope of work for finalizing the EIR/EIS. Determine if sufficient investigation has been completed relative to:: 1.3 a) preliminary engineering for the lagoon, b) jetty and inlet design, c) coastal processes, d) dredge plan and plan for disposal of materials, and e) biological design criteria. 1.4 1.5 Prepare a summary report on the prior studies that recommends any additional studies that may be required for design. Meet with the Port and the City to discuss their comments on the summary report. TASK 2 - GEOTECHNICAL PROGRAM 2.1 Objective: Characteri zati on of Dredged Materi a1 Conduct an investigation to define the geotechnical properties of the material that will be dredged from the lagoon. Scope: 2.1.1 Using a floating barge make ten (10) borings in the lagoon to a depth of approximately 15 to 20 feet below the existing ground surface, where the water depth is at least 12 inches, at the timt of the investigation. PHASE 1-1 0 0 2.1.2 Make continuous logs of each boring and obtain separate samples from each 3-foot interval, in accordance with U.S. Army Corps 01 Engineers requirements. Combine the results of the additional field and laboratory studies with available data to characterize the type, distribution, and volume of the various materials to be dredged 2.1.3 2.2 Objective: Disposal of Dredged Mater1 a1 Conduct a geotechnical investigation to design a plan for disposal of th( dredged material within the Central Basin and on the beach for nourishment. Scope: 2.2.1 Perform four (4) column settling tests on selected samples from the East Basin to provide a basis for estimating both the time required for the material to settle and for estimating the in- place volume of the fines for disposal in the Central Basin. Estimate the approximate bulking factor for the current in-plact volume to be dredged from the East Basin. Perform the column settling tests in accordance to the U.S. Army Corps of Engineers Report D-78-56. Estimate the available volume of the overdredged area in the Central Basin utilizing available existing data and data acquired by this investigation. Sample eight (8) profiles for the Batiquitos Lagoon Beach and the Encinas Creek beach areas. Obtain samples from approximately elevation 12 feet down to approximate elevation -2 to -4 feet, in accordance with U.S. Army Corps of Enginee,s requi rements for beach disposal . Obtain soi 1 samples from adjacent beach areas to supplement the profile samples if the proposed beach disposal areas have a cobble face at the time of sampling. Obtain approximately 35 of these soil samples. Survey the beach profile at the time of sampling. Investigate subsurface conditions at the proposed Green Valley disposal site to provide information regarding the following: 2.2.2 2.2.3 2.2.4 a) b) c) d) site preparation, and general geol ogi cal conditions, general subsurface soi 1 condi ti ons, depth to groundwater (if encountered in the test expl orat i on), PHASE 1-2 a 0 e) earthwork and site grading. 2.2.5 Perform geologic reconnaissance of the Green Valley disposal site with six (6) to eight (8) test pits or borings extending to depths of 5 to 15 feet. Log the test explorations and obtain soil samples. Classify the soil samples and perform laboratory tests to characterize the subsurface materials. Perform the fo11 owing tests: a) b) four (4) mechanical analyses, c) d) two (2) Laboratory compactions, e) one (1) direct shear test, f) two (2) unconfined compression tests, and g) two (2) expansion index tests. Investigation of West Carlsbad Bridge Foundation ten (10) moisture content/dry density tests, four (4) plasticity index tests, 2.3 Ob j ecti ve : Conduct a geotechnical investigation for design of a new bridge to determi ne: a) b) estimated settlement, c) lateral earth pressures on retaining walls and abutments, and d) seismic design parameters and 1 i quefacti on potenti a1 . depths and types of bridge foundations, Scope: 2.3.1 Make four (4) exploratory borings ranging in depth from approximately 40 to 50 feet; two of the borings will be in the channel and other two will be in the proposed bridge-abutment areas. Perform the following laboratory tests on the soil samples to evaluate certain physical and mechanical properties of the soils and to confirm the visual classifications made during field explorations: a) b) four (4) mechanical analyses, 20 moisture content/dry density tests, PHASE 1-3 0 m .- c) d) e) three (3) plasticity index tests, two (2) direct shear tests, and two (2) specific gravity tests. 2.3.2 Provide geotechnical information for a seismic evaluation of the West Carlsbad Bridge, in accordance with the ATC-6.2, Seismic Retrofitting Guidelines for Highway Bridges. In particular, provide the information given below: a) b) c) d) an estimate of the effective peak rock acceleration, "A," for the West Carlsbad Boulevard Bridge site, identification of the applicable ATC-6.2 Soil Type (I, 11, or 111) for the general area, the Vulnerability Rating due to liquefaction for the West Carlsbad Boulevard Bridge site, and an estimate of the associated capacity demand ratio, if the Vu1 nerabi 1 i ty Rating indicates a potenti a1 for major or severe 7 iquefaction-re1 ated foundation damage. 2.3.3 Determine the pile capacities. 2.4 Investigation of 1-5, Railroad Bridge, and East Carlsbad Bridge Objective: Analyze existing data and determine the scour and slope stability that' may result from dredging beneath the existing bridges. Scope: 2.4.1 Utilize existing available data to analyze the scour and slope stability impacts that may result from dredging beneath each of the three the existing bridges. Analyze slope stability for 1-5 approaches for the after dredge condi ti on. Determine the existing and after dredge pile-capacities for each of the three bridges. 2.4.2 2.4.3 Investigation of Jetty and Channel Characteristics 2.5 Object i ve : Conduct a geotechnical investigation to determine the extent of cobbles and to determine foundation characteristics for design and construction of the tidal inlet channel and jetties. PHASE 1-4 0 W Scope: 2.5.1 Take four (4) soil borings and approximately 25 to 50 jet probes in the vicinity of the proposed tidal inlet channel and jetties. Use this information to describe the soil conditions that may be anti ci pated duri ng construction. a) Determine the top elevation of cobbles by jet probes for the evaluation of littoral processes at the site. Take approximately half of the probes offshore in depths of 10 to 20 feet. Determine the size distribution of cobbles and triaxia aspect ratios for samples taken from the berm to the surf zone. Take and analyze six samples from three range lines at the tidal inlet channel location. Determine the specific gravity of the cobbles. Determine the depth of over burden and locate bedrock at the jet probe location if bedrock is above -10 feet below mean sea level (provided probes can extend to that depth). b) c) 2.6 Prepare a report that describes the methods, findings, and recommendations for all items in Task 2. The report shall be submitted in draft for review. The final report shall respond to comments and contain drawings of the soils logs for inclusion in the contract documents e Optional Items: 2.7 Use a helicopter to move sampling equipment from location to location ir the lagoon if there is insufficient water depth (depths less than 12 inches) in the lagoon for a floating barge to be utilized in field work. If lateral pile capacities determined in Task 2.4 are insufficient perform an investigation to provide the necessary geotechnical information for additional railroad bridge foundation design that i ncl udes : 2.8. a) b) c) estimated depths and axial load capacities for new pi1 foundations, estimated lateral load capacities for new pile foundat i ons, and estimated settlements of new pile foundations. Using a floating barge in the lagoon next to the railroad bridge, make two exploratory borings to depths of approximately 40 feet. Log the borings and obtain soil samples. Perform laboratory tests on the soils to confirm visual classifications made during the field exploration. Perform the fo11 owing 1 aboratory tests: PHASE 1-5 e 0 ,. a) b) two (2) mechanical analyses, c) d) e) ten (10) moisture content/dry density tests, two (2) plasticity index tests, one (1) direct shear test, and two (2) unconfined compression tests. 2.9 2.10 Make mechanical grain-size analyses for approximately 70 samples from lagoon borings taken in Task 2.1.1. Perform mechanical analyses on all samples obtained in Task 2.2.3. Determine grain-size distributions and pertinent statistical parameters for beach fill deposition. (See Task 2.5 regarding cobble distribution and speci fi c gravity test .) Perform tests for analysis of one sample of material destined for di sposal at Green Val 1 ey (materi a1 determi ned unsui tab1 e for beach fi 11 or lagoon disposal by classification) Tests to be conducted are: 2.11 a) mechanical analysis, b) plasticity index, c) direct shear tests, d) e) 1 aboratory compaction. specific gravity expansion index tests, and TASK 3 - LAGOON ENHANCEMENT PLAN Object i ve : Support the EIR/EIS consultant in developing a preliminary detailed lagoon configuration plan which meets the requirements of the Resource Agencies per the Memorandum of Agreement. Scope: 3.1 Compile information pertaining to the existing site conditions into an existing site base plan of suitable scale to clearly identify all items that may affect the project design. These items shall include, but not be limited to: a) roadway a1 i gnments, b) c) roadway and rai 1 road bridges, bathymetric and topographi c surveys, PHASE 1-6 e 0 d) wetlands delineation map, e) property 1 ines, f) g) utility lines. easements and rights of way, and 3.2 3.3 Participate in developing the lagoon plan by attending meetings, reviewing plans, and preparing memoranda of meetings (see Task 3.8). Review the lagoon configuration plan developed by the EIR/EIS consultant and recommend modifications to it based upon constructabil i ty considerations. Coordinate with the EIR/EIS consultant to incorporate review comments into the plan. Prepare an architectural rendering to demonstrate the plan to the public, It shall be portable for use at meetings or to display in City property. mapped with 1-foot contour intervals and spot elevations made to one tenth of a foot tolerance. Topographic mapping shall include the entire perimeter of Batiquitos Lagoon, 10 miles of beach, Carlsbad Boulevard foi 1,500 feet each north and south of the bridges, and the Green Valley disposal area. Make a wetland delineation in accordance with U.S. Amy Corps of Engineers methodology and criteria and in conjunction with the topographic survey. All project areas in the lagoon and Green Valley, as we1 1 as potenti a1 dredge pipe and construction areas, shall be mapped. Prepare memoranda that describe recommendations and comments made at interagency meeti ngs. 3 4 3.5 3.6 Perform hydrographic and topographic surveys. The topography shall be 3.7 3.8 TASK 4 - DREDGING AND DISPOSAL PLAN Objective: Prepare a preliminary dredge and disposal plan in conjunction with the 1 agoon configuration plan developed by the EIR/EIS consultant. Scope: 4.1 Analyze lagoon configuration plan with regard to dredging constraints an propose modifications and changes, if any, for incorporation into the EIR/EIS. PHASE 1-7 a 0 +_ 4.2 Confirm dimensions, depths, overdepth requirements, quantities, and side-slope steepnesses of the proposed 1 agoon configuration devel oped in the EIR/EIS. Identify and evaluate the types and sizes of dredges suitable to perform the work. The types of dredges to be evaluated include the cutterhead hydraul i c dredge, the cl amshell dredge and mu1 ti-capabi 1 i ty equipment that operates in shallow water environments as both a cutterhead and a clamshell dredge. Evaluate techniques for conducting the dredging by temporarily raising or maintaining the water elevation within the lagoon without adversely impacting the existing habitat. Develop dredge method to achieve desired slopes. Evaluate dredge production rates for sediment characteristics and location of disposal sites to determine booster pump requirements. Develop a preliminary general disposal plan for all materials. Identify a beach disposal method for sediments dredged from the West and Central Basins. Identify discharge pi pel i ne routing and containment areas, if any. Develop the methodology for disposal of material for development of the least tern habitat and of wetland areas. Evaluate preliminary methods for disposal and capping of the East Basin sediments in an excavated pit in the Central Basin. Recommend pit dimensions, including dredging overdepth. Recommend methods to minimize turbidity. Develop a preliminary disposal plan for the Green Valley site, including perimeter dikes, weir placement, slopes, project phasing, pipe1 ine routing, and dewatering plan for hydraul i c dredge disposal. A1 so, devel op a prel imi nary di syosal pl an for truck transport, i ncl udi ng coritai nment, transfer o F hydraul i c dredged materi a1 to trucks, and dryi n of material on the site. Review and eval uate proposed site pl ans to determi ne if cultural resources will be impacted and determine the level of significance of thi impacts. Develop mi ti gati on measures for affected cul tural resources. Prepare a preliminary design and drawings for the dredging and disposal pl an. Develop prel iminary schedules, determine construction quantities, and estimate costs for dredging and disposal 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 Optional Items: 4.13 Perform f i el d reconnai ssance to 1 ocate cul tural resources. PHASE 1-8 a w -- TASK 5 - TIDAL INLET Object i ve : Prepare a prel iminary design of a tidal inlet to provide the desired flushing of the lagoon. The inlet is to be developed such that it will: a) b) c) d) e) minimize the probability of inlet closure, minimize adverse effects on upcoast and downcoast beaches , maximize tidal exchange between the ocean and the 1 agoon, minimize adverse aesthetic impacts, and minimize construction and maintenance costs. Scope: 5.1 5.2 5.3 Perform a numerical analysis of the tidal hydraulics to refine the inlet configuration and dimensions required for stability. Optimize the jetty length to minimize impacts upon upcoast and downcoast beaches by use of a numerical shore1 ine evolution model. Convene and coordinate a Model Technical Review Committee (comprised of Drs. Van der Kreeke, Kamphius, and Seymour) in order to determine the technical need for and the benefits and objectives of a hydraulic model, Prepare a preliminary design of the jetty structures and determine preliminary material quantities for the preliminary cost estimate. Submit a report that includes recormendations on modeling and tidal inlet design. 5.4 5.5 OPTIONAL ITEMS: 5.6 Convene and coordinate a Model Technical Review Committee (comprised of Drs. Van der Kreeke, Kamphius, Seymour, and Collins) to develop a detailed scope, cost estimate and schedule for a physical model if the need and benefits are determined in 5.3. Meet to review and evaluate model findings for recommendation of criteria for development of the project design. The same committee as that described in Dl shall meet at a time near completion of the model study. Present and defend modeling recommendations at a public meeting. One member of the review committee shall be selected as a spokesman. 5.7 5.8 PHASE 1-9 0 a -- TASK 6 - BEACH NOURISHMENT PLAN Objective: Analyze and evaluate existing beach nourishment concept pl ans. Scope: 6.1 Determine the volume of acceptable beach fill material and the compatibility of this material with the Batiqui tos Lagoon and Encinas Creek beach-fill sites. The following planning studies will be conducted: verify the longshore transport characteristics of the two proposed beach-fill sites and adjacent coast1 ine, confirm beach berm elevations and widths and dune 1 ocati ons and vol umes , confirm the wave-adjusted foreshore slopes, and confirm the configurations of the beach-fill transitio zones. a) b) c) d) 6.2 Analyze the existing cobbled beach profiles associated with the two proposed fill sites to develop the fill cross sections in a manner which will minimize the erosion potential of the new sand fill. Review aerial photographs and beach profile data to describe the behavio? of the cobble berm and shore positions. Develop concepts for surf site mitigation measures that may create positive long- or short-term benefits to the surfing community. Contact the Surfrider Foundation to determine their concnrns in the planning process . 6.3 6.4 Option: 6.5 Prepare preliminary designs for surf site mitigation measures developed in Task 6.4. PHASE 1-10 0 0 TASK 7 - ENVIRONMENTAL MANAGEMENT PLANS -- Object i ve : Review the preliminary Mitigation Monitoring Plan and the long-term Bi ol ogi cal Moni tori ng and Management P1 an devel oped by the EIR/EIS consultant and provide comments to assist in developing the plan. The review is to specifically address: a) b) measures necessary to protect exi sti ng resources duri n and following construction and the constructabil i ty of these measures and the associated impacts on scheduling and staging areas. Scope: 7.1 Provide comments on the draft monitoring plans prepared by the EIR/EIS consultant regarding their impacts on the following: a) seasonal timing of construction, b) phasing of construction, c) protection, temporary removal or transplanting of significant or rare organisms prior to construction, and location of construction equipment laydown areas, d) 7.2 Interact with the EIR/EIS consultant to obtain information and forward comments to the City. TASK 8 - UTILITY RELOCATIONS Object i ve : Identify possible conflicts between existing utilities and the proposed lagoon enhancement plan, and coordinate the resolution of identified conflicts. Scope: 8.1 Identify utilities, easements and rights-of-way on a utility relocation plan. Each easement shall be addressed with regard to the type of easement, restrictions he1 d within the easement, and how the proposed improvements may affect or be affected by the easement or the utility line within the easement. Advise easement holders of the proposed project. Where conflicts arise, make recommendations for their resolutions. When necessary, draft new agreements. In the event that new or relocated easements are required, 8.2 PHASE 1-11 e a .- submit legal descriptions and accompanying drawings to the City, County, and other affected agencies for review and approval. Coordinate with the utility companies during their design work and revif their proposed improvement plans to avoid conflicts with the proposed lagoon improvements. Develop a preliminary utility relocation plan. Prepare a separate util i ty-relocation schedule for all affected util ity lines to avoid conflicts with the proposed project construction schedulc Review and coordinate cost estimates prepared by each utility. 8.3 8.4 8.5 TASK 9 - BRIDGE STUDIES AND COORDINATION Object i ve: Develop a concept design for a new West Carlsbad Boulevard Bridge. , Analyze the impact of dredging on the structural stability of the Interstate 5 Bridges, East Carlsbad Boulevard Bridge and AT&SF Bridge. Develop prel iminary concepts or measures that would restore them to the structural capacities that existed prior to dredging. WEST CARLSBAD BOULEVARD BRIDGE Scope: 9. I 9.2 9.3 9.4 Analyze exi sting roadway and bridge pl ans . Perform an on-site observation of existing conditions. Determi ne bri dge-rep1 acement fundi ng requirements through Cal trans, Local Assistance, and the City. Prepare and submit a Bridge Study Report with two (2) conceptual bridge and roadway alternatives including cost estimates, to the City and to Cal trans for review and approval. Develop concepts to include detour an bi cycl e and emergency vehi cl e access. Coordinate concepts and funding requirements with Cal trans and the City, Coordinate the bridge study with EIR/EIS preparation. 9.5 9.6 EAST CARLSBAD BOULEVARD BRIDGE 9.7 Analyze the existing plans and maintenance inspection records, includin! past geotechnical records, and review logs of test borings, and pile- dri vi ng records * Inspect the structures for changed conditions and determine the existin! channel depth from sounding data. 9.8 PHASE 1-12 0 e *- 9.9 9.10 Determine vertical and lateral pile capacities based on available boring data. Determine the design horizontal loadings in the original design and compare with the loadings that would result with the proposed channel depths . Analyze the existing structure for vertical and horizontal loads and determine structure capacity. Compare the foundation and substructure capacity requirements with the avai 1 able capacities as derived from geotechnical study for the proposed channel depths. Analyze any remedial measures requi red to maintain existing structural capacity and stabi 1 i ty. Determine the potential scour at the bridge site and recommend proteckivc measures. Prepare a report defi ni ng the required remedi a1 measures including detours and containing a cost estimate and recommendations. 9.11 9.12 9.13 9.14 9.15 THE ATCHISON, TOPEKA, AND SANTA FE (AT&SF) RAILROAD BRIDGE 9.16 Obtain and review the existing plans and maintenance inspection records, including past geotechnical records, and review logs of test borings and pile-driving records from the AT&SF. Inspect the structures for changed conditions and determine the existing channel depth from sounding data. Determine vertical and lateral pile capacities based on available boring data and the design capacities for the proposed channel depths. Analyze the existing structure for vertical and horizontal loads and determi ne structure capacity. Compare the foundation and substructure capacity requirements with the avai 1 ab1 e capacities as derived from geotechnical study for the proposed channel depths. Analyze any remedial measures required to maintain existing structural capacity and stabi 1 i ty. Determine the potential scour at the bridge site and recommend protectivc measures. Review proposed remedial measures with the City and the AT&SF. 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 Initiate railroad agreement processing. PHASE 1-13 0 0 9.25 Prepare a report defining the required remedial measures and containing a cost estimate and recommendations. THE CALTRANS INTERSTATE 5 (1-5) STRUCTURE 9.26 Review the existing plans and maintenance inspection records, including past geotechnical records, and review logs of test borings and pile- dri vi ng records. Inspect the structures for changed conditions and determine the existing channel depth from sounding data. Determi ne vertical and 1 ateral pi 1 e capacities based on avai 1 ab1 e boring data. Determine the design horizontal loadings for the proposed channel depths. Analyze the existing structure for vertical and horizontal loads and determine structure capacity. Compare the foundation and substructure capacity requirements with the avai 1 ab1 e capacities as derived from geotechni cal study for the proposed channel depths. Develop alternative remedial measures required to maintain existing structural capacity. Determine the potential channel scour at the site and recommend protective measures. Review proposed remedial measures with the City and Caltrans. Prepare a report defining the required remedial measures and containing a cost estimate and recommendations. 9.27 9.28 9.29 9.30 9.31 .-P 9.32 9.33 9.34 9.35 TASK 10 - PERMIT APPLICATION AND AGENCY COORDINATION Objective: Coordinate with involved agencies, prepare required permit applications, and assist toward obtaining approval s requi red for project imp1 ementati on. Scope: 10.1 10.2 Prepare a schedule for the acquisition of required permits and approvals. Prepare and submit permit applications with supporting data for required permi ts. PHASE 1-14 0 0 10.3 10.4 Coordinate with the resource and regulatory agencies to obtain required approval s and permits. Attend meetings and make presentation as required to obtain project approval s. -I TASK 11 - ESTIMATES OF CONSTRUCTION COSTS AND CONSTRUCTION SCHEDULES Objective: Provide an estimate of project construction costs and a construction sc hedul e. Scope: 11.1 Estimate prel iminary construction quanti ties attd costs based upon the lagoon configuration shown in the EIR/EIS. These estimates shall includ items for: a) dredging and disposal, b) bridge construction and modifications, c) detours, d) tidal inlet structures, and e) wetland revegetation as may be required for mitigation 11.2 11.3 Update schedules and estimates as plan elements are developed and revi sed. Prepare a prel imi nary construction schedule. TASK 12 - SUMMARY REPORT Object i ve : Document Phase I work accompl i shed, i ncl udi ng resul ts , recommendations, and concl usi ons . Scope: 12.1 Prepare a summary report that documents the work performed in the Phase I planning process to support decisions and recommendations for the final plan. PHASE 1-15 .. .- e 0 -- TASK 13 - PROJECT MANAGEMENT AND STUDY SCHEDULE Object i ve: Manage the project study and design team. Scope: 13.1 Provide an executive project schedule and update it monthly for submittal with progress reports. The schedule shall be limited to sixteen (16) simple tasks per phase. Prepare a comprehensive Critical Path Method (CPM) chart for Completion of Phase I. Prepare monthly progress reports as follows: 13.2 13.3 a) b) c) submit updated design schedule, d) e) f) g) h) i) summarize work completed during month, show status of drawings currently being prepared with percent complete, analyze project design budget and schedule and compare original projections with actuals, identify budget or scheduling problems and propose sol uti ons , describe potenti a1 probl ems , del ays , and design confl i cts , list and summarize significant meetings, hearings, and communications occurring during the month, state percent completion of overall project, and submit payment statement, outlining the work completed. 13.4 Administer the project as follows: a) b) c) plan, staff, direct, control, and coordinate the services to be provided, coordinate subconsul tant servi ces to provide a si ngl e source of responsibility to the City, and coordinate the services provided with the City. PHASE 1-16 . 0 0 13.5 Perform qual i ty-control measures as fol1 ows : .- a) b) plan, organize, and schedule preliminary study review and plan, organize, and schedule intermediate reviews as required to meet project objectives. TASK 14 - CONSTRUCTION SUPPORT SERVICES This task is included in Phase I1 only. TASK 15 - MEETINGS Objective: Conduct and be present at meetings to communicate the project, ascerfai information, and make permit applications. Scope: 15.1 15.2 Attend all meetings listed in Attachment C. Prepare and submit minutes for meetings listed in Attachment C. TASK 16 - TECHNICAL REVIEW COMMITTEE Objective : Provide a technical review committee to review the progress of work fra several areas of experti se, i ncl udi ng sediment transport, tidal inlets dredging and disposal construction documents, wetland biology, oceanography, and coastal structures Scope: 16.1 Coordinate and conduct a71 Phase I Technical Review Committee (TRC) meetings. The committee shall compri se the foil owing personnel for th( purposes stated below: Dr. Jacob Van der Kreeke shall review the tidal inle suggest solutions to technical issues and be a membe of the Model Technical Review Committee. Dr. Wi 11 i am Kamphi us shall review the site condition and be a member of the Model Technical Review Committee. Dr. Keith McDonald shall review the project team efforts and coordinate environmental review. a) b) c) PHASE 1-17 _. 0 e .. -- d) Mr. Charles Robers shall review the project design, a: we1 1 as the proposed construction methodology, i ncl udi ng speci f i cations and drawings. (Nei ther Mr. Robers nor his company shall be eligible to bid on the project) Mr. John Lesnik shall provide review of the coastal features design, including the jetties and beach fill: Dr. Richard Seymour shall review tidal inlet design, beach nourishment plan, and be a member of the Model Technical Review Committee. 16.2 The Technical Review Committee will be subdivided into subcommittees thi will review project plans within a specific area of expertise. Attachment D defines the subcommittees (excluding the Model Technical Review Committee, see Task 5), the members of each, and the review tasks for each. Following each TRC meeting, a representative from the committee shall submit a brief letter report that summarizes the finding and recommendations of that committee meeting. e) f) PHASE 1-18 e a PHASE I1 .- TASK 1 - REVIEW AND EVALUATION OF PREVIOUS STUDIES Object i ve: Review studies and other documents that have been generated by others duri ng the environmental report preparati on process, such as speci a1 studies and permit requirements. Scope: 1.1 1.2 Review final environmental documents and additional studies. Recommend further action as may be required to resolve outstanding i sues. - TASK 2 - GEOTECHNICAL PROGRAM Object i ve : Provide geotechnical review and analyses during the final design to clarify data interpretations and check for conformity with geotechni cal requi rements determined in Phase I. Scope: 2.1 2.2 Review project plans and specifications for conformance to recommendations given within the geotechnical reports. Analyze any additional foundation requirements for final design not anticipated in Phase I. TASK 3 - LAGOON ENHANCEMENT PLAN 0 b j ect i ve : Develop a detailed grading plan for the lagoon defined in Phase I. Scope: 3.1 3.2 Perform wetland hydraulic calculations. 3.3 Specify the size, elevation, and slopes suitable for various habitat types, such as emergent marsh, mudflat, and subtidal areas. Specify location, size, elevation, and configuration of least tern nesting areas. PHASE 11-19 e a 3.4 Design mitigation measures that may be required as a result of construction activities. This task includes design of revegetation of areas affected by construction activities. Finalize the plan phasing and time of construction to minimize impacts on exi sti ng natural resources and habi tats. Coordinate the 50- and 95-percent reviews by the resource agencies. Coordinate review of the final design by the Technical Review Committee for the 50-percent and 95-percent submittals. Incorporate responses to comments from the Technical Review Committee and the City into the plan as appropriate. Prepare final lagoon improvement drawings and specifications. 3.5 3.6 3.7 3.8 TASK 4 - DREDkING AND DISPOSAL PLAN Object i ve : Prepare f i nal construction drawi ngs and speci f i cations for dredging and disposal of material for the lagoon and tidal inlet channel defined in Phase I. Scope: 4.1 4.2 Prepare detailed dredging and disposal plan of the Phase 11, Task 3 - Final Lagoon Enhancement Plan. Review detailed plan for archaeological and historical considerations and modify the plan as required by the State Historical Preservation Office (SHPO) and permitting agencies. Prepare construction drawings and specifications for dredging and disposal . Prepare detailed estimate of dredge quantities and costs. 4.3 4.4 TASK 5 - TIDAL INLET DESIGN Objecti ye: Prepare final construction drawings and specifications for the tidal inlet features defined in Phase I. Scope: 5.1 Design the length, cross-section, materials for construction, head section, and profile for the jetties. PHASE 11-20 -- e 0 5.2 Contact the Coast Guard for their requirements and specify navigational aids. TASK 6 - BEACH NOURISHMENT PLAN Objective: Develop drawings and speci fi cati ons for the disposal of Central Basin dredged material to nourish or replenish the existing beach defined in Phase I. Scope: 6.1 Prepare final drawings and specifications for the Beach Nourishment Plan in conjunction with the Dredging and Disposal Plan as described under Task 4. These wi i 1 i ncl ude pl ans for pi pel i ne routi ng and material - pl acement sequencing. Prepare a detailed contingency plan for the construction contractor for disposal of dredged material should such material be determined from the speci f i cat i ons to be unsui tab1 e for beach fi 1 I constructi on. Thi s pl an shall be developed for a range of material volumes for which alternative disposal methods may be required. Include cost and schedule impacts and environmental permit constraints. 6.2 I TASK 7 - ENVIRONMENTAL MANAGEMENT PLANS Objective: Final i ze the detai 1 s of the monitoring plans prepared by the EIR/EIS consultant. Scope: 7.1 Final ize a detai 7 ed construction management monitoring pl an based upon the preliminary plan defined in the EIR/EIS and conditions imposed by final permits. Finalize a post-construction, long-term monitoring plan based upon the preliminary plan defined in the EIR/EIR and conditions imposed by the final permits. 7.2 TASK 8 - UTILITY RELOCATIONS Object i ve : Coordinate project with utility relocations design. PHASE 11-21 e 0 Scope: 8.1 Incorporate reference to the utility relocation plans into the final project contract documents. Coordinate re1 ocation pl ans wi th uti 1 i ty companies e TASK 9 - BRIDGE DESIGN AND COORDINATION Object i ve : Prepare pl ans and speci f i cati on for the demo1 i ti on and reconstruction 01 West Carl sbad Boulevard Bridge as a separate construction contract, Prepare plans, specifications and estimates (PS&E) for the remedial worl required to stabilize the channels under the other bridges and to modify these bridges to retain the existing structural integrity. Scope: 9.1 WEST CARLSBAD BRIDGE Prepare design of roadway, detour, and staging limited to 1,500 feet north and south of the existing structures and a staging and traffic- control plan from La Costa Avenue to Poinsettia Avenue. Prepare PS&E for the replacement of the bridge structure and removal of the exi sti ng bri dge . Attend bi-weekly coordination meetings; coordinate Bridge Replacement Funding Approval , if eligible; and attend Cal trans Local Assistance review meeti ngs . Provide independent review of cal cul ati ons for the proposed bridge structure in accordance with Caltrans requirements. Submit final PS&E to the City and Caltrans for review and approval. 9.2 9.3 9.4 9.5 TASK 10 - PERMIT APPLICATION AND AGENCY COORDINATION Objective: Obtain final permits. Scope: 10.1 10.2 10.3 Update the schedule for the acquisition of required permits and approval s. Finalize permit applications with supporting data for required permits. Coordinate with the resource and regulatory agencies to obtain required approval s and permits. PHASE 11-22 -1 0 10.4 Attend meetings and make presentations to obtain project approvals. TASK 11 - ESTIMATES OF CONSTRUCTION COSTS AND CONSTRUCTION SCHEDULE Objective: Develop an engineering estimate of the construction costs for entire project for use in evaluating bid submittals and decisions relative to the project. Scope: 11.1 Update cost estimates developed in Phase I as the improvement plans are devel oped. 11.2 Suhnit a final engineers estimate with the final improvement plans. 11.3 Submit final pay quantities corresponding to bid items with the final, improvement bid package. 11.4 Prepare construction schedule. TASK 12 - REPORTS AND SUBMITTALS Objective: Submit drawings, specifications, estimates, and narrative materials to the City. Scope: 12.1 Prepare a report that presents methodology, data, findings, and conclusions from each of the Phase I1 tasks. Submit construction drawings and specifications for the final lagoon configuration. Prepare two (2) separate construction documents and bid items: one for the West Carlsbad bridge and one for the remainder of the work. Submit draft summary report for comment and review by the City. Prepare and submit the following reports and PS&E's: 12.2 12.3 12.4 a) b) c) final design (100 percent). preliminary design ( 50 percent), final draft design (95 percent), and PHASE 11-23 0 e 7- TASK 13 - PROJECT MANAGEMENT AND DESIGN SCHEDULE -_ Objective: Manage the project study and design team. Scope: 13.1 Provide an executive project schedule and update it monthly for submitta with progress reports. The schedule shall be limited to sixteen (16) simple tasks per phase. Prepare a comprehensive Critical Path Method (CPM) chart for completion of Phase 11. Prepare monthly progress reports as follows: 13.2 13.3 a) b) c) submit updated design schedule, d) e) f) g) h) i) summarize work completed during month, show status of drawings currently being prepared with percent complete, analyze project design budget and schedule and comparf original projections with actuals, identify budget and scheduling problems and propose sol uti ons, describe potential problems, delays, and design conflicts, list and summarize significant meetings, hearings, ai! communications occurring duriitg the month, state percent completion of overall project, and submit payment statement, outlining in detail the wori compl eted. 13.4 Administer the project as follows: a) b) c) plan, staff, direct, control, and coordinate the services to be provided, coordi nate subconsul tant services to provide a si ngl E source of responsibility to the City, and coordinate the services provided with the Gity. PHASE 11-24 0 13.5 Perform qual i ty-control measures as foll ows : -_ a) b) plan, organize, and schedule review of final design drawi ngs and speci f i cati ons and plan, organize, and schedule intermediate reviews as required to meet project objectives. TASK 14 - CONSTRUCTION SUPPORT SERVICES Object i ve : Assist the City in bidding the project and in reviewing contractor submittals for conformance with the intent of the drawings and speci fi cations. Scope: 14.1 14.2 14.3 Attend a pre-construction meeting. 14.4 14.5 14.6 14.7 14.8 14.9 Option: 14.10 Develop mi tigation measures for impacted archeological resources impacted during construction and not previously identified. Attend pre-bid meetings, make site visits, and be available to clarify contract documents during the bidding phase. Review bids for compliance with bid documents. Be avai 1 ab1 e to cl ari fy contractor questions during construciion. Be available throughout construction to address questions from the public. Review documents required to be submitted by the contractor for materials, falsework, reinforcing, schedules, and dredging plan. Observe construction as it progresses for general conformity with the plan. Provide Archeology Resource Monitoring during construction. Provide appropriate biological resource monitoring during construction. PHASE 11-25 0 0 I- TASK 15 - MEETINGS Objective: Coordinate with the City and the public agencies to develop a final design. Scope: 15.1 15.2 Attend all meetings listed in Attachment C. Prepare and submit meeting minutes. TASK 16 - TECHNICAL REVIEW COMMITTEE Objective: Provide technical review of construction documents as a qual i ty-control measure. Scope: 16.1 The Technical Review Committee as identified in Task 16, Phase I will review the final plan at the 50- and 95-percent submittals. PHASE 11-26 -1 0 0 .. ATTACHMENT A PRIOR STUDIES I_ e Batiqui tos Lagoon Enhancement Plan, California State Coastal Conservancy. Revised Draft. 1987. e Memorandum of Agreement: City, Port, FWS, NMFS, CDFG, SLC. Agreement t Establish a Project for Compensation of Marine Habitat Losses Incurred 1 Port Development Landfi 11 s Within the Harbor District of Los Angel es by Marine Habitat Enhancement at Batiqui tos Lagoon. November 13, 1987. Preliminary Design Engineering Report for the Batiquitos Lagoon Enhancement Project, CH2M Hill. Revised Draft. April 1988. Land Management . 1986. e e Pacific Texas Pipeline Project EIR/EIS, Port of Los Angeles and Bureau ( Geotechni cal Study of Central Basin, CH2M Hi 11. September 1988. Avifauna of Batiqui tos Lagoon, Michael Brandman Associates (MBA). e e October 1988. Littoral Drift Impacts Assessment for Batiqui tos Lagoon Enhancement Project, Tekmarine, Inc. (TCN-155). November 1988. Sediment Load Study for Batiquitos Lagoon, CH2M Hill. March 1989. Existing Conditions-Marine and In-Lagoon Benthic and Pelagic Surveys, Michael Brandman Associates. October 1988. Draft Biological Assessment of Federal and State Listed, Proposed, and Candidate Species at Batiqui tos Lagoon, San Diego County, Cal i fornia, CH2M Hi 11 . March 1989. The Physical Environment of Batiqui tos Lagoon, CH2M Hill. March 1989. e e e e e e Dredged Materi a1 Disposal Sites and In-Lagoon Fisheries Resources, Michael Brandman Associates. 1988. Project, San Di ego County, Cal i forni a, Greenwood and Associates. Octob 1988. e An Archaeological Assessment for the Batiqui tos Lagoon Enhancement e Paleontologic Resource Assessment: Batiqui tos Lagoon Enhancement Project, Engineering-Science, Inc. October 1988. During Late Summer 1988, MEC Analytical Systems, Inc. October 1988. e Potential Food Resource for the Bird Populations at Batiquitos Lagoon A- 1 0 13) .. Bati qui tos Lagoon Wet1 and Del i neati on Report, Cheryl S . Cone1 . Exi st i ng Condi ti on--General i zed Regional Mari ne Bi ol ogi cal Batiqui tos Lagoon Enhancement Project EIR/EIS, City of Carlsbad, Draft< Novembc 1988. -_ e Characterization, Michael Brandman Associates. September 1988. 1989. e e Draft EIR/EIS Comments e Bird Survey (i n-progress) A-2 "* 0 m ATTACHMENT B PERMITS AND APPROVALS Permits and Approvals required for the project include but are not limited to the fol 1 owing: e Coastal Development Permit (Cal i forni a Coastal Comi ssion) 0 Pub1 i c Trust Doctrine Approval (State Funds Commission) e e e Stream-Bed A1 teration Agreement (California Department of Fish and Game) Regional Water Quality Control Board, Section 401 Certification Speci a1 User Permi t, Easements, and Operati ng Agreements (Cal i forni a Department of Parks and Recreation) A1 1 pub1 ic uti1 i ty permits and approvals 0 0 U.S. Coast Guard Bridge Permit and Section 4F Statement Right-of-way Encroachment Permit (Cal trans) General Plan and Open Space Element (City of Carlsbad) 0 e Local Coastal Program Approval (City of Carl sbad) 0 e e Speci a1 Use Permit for F1 ood P1 ain Over1 ay Zone (City of Carlsbad) Grading Permit (City of Carl sbad) Section 404 Permit (U.S. Army Corps of Engineers) B-1 I-- za SF2 ow= I--= d tk3 % =s W 2- w=;u a $2 33 U$+J E "w 0 m ..- ATTACHMENT D TECHNICAL REVIEW COMMITTEE __ LAGOON CONFIGURATION - PHASE I Dl. Meet within three (3) weeks of NTP to review the general lagoon configuration pl an, proposed construction procedures, and biological resources, in order to identify problems and to offer possible solutions The committee to attend this meeting shall comprise Drs. Van der Kreeke, McDonald, and Seymour and Messrs. Lesni k and Robers. LAGOON CONFIGURATION - PHASE I1 D2. Meet to review the final configuration plan and construction procedures at the 50-percent design phase. The committee to attend this meeting, shall comprise Drs. Van der Kreeke, McDonald, and Seymour. PROJECT CONSTRUCTION DOCUMENTS - PHASE I1 D3. Meet to review and critique the project at the 50-percent design phase. The committee to attend this meeting shall comprise Messrs. Robers and Lesnik and Dr. McDonald. Review the 95-percent submittal plans and specifications and send comments to the consultant. The committee shall comprise the same members as those designated in Task D3. D4. D- 1 0 0 P&D Techno1 ogi es 401 West "A" Street Suite 2500 San Diego, CA 92101 (619) 232-4466 HOURLY RATE SCHEDULE DEHONEY $82.00 BIAMONTE (EA) $41.26 ROBERTSON (BIOLOGIST) $44.44 KUHATSU (EA) $38.15 PUTNAM (SEA) $58.72 SMIT (TECH) $30.63 WORD PROCESSOR $40.00 GRAPHIC $40.00 0 a BRIAN E SMITH AND ASSOCIA TAS AACHAEUL UG/CAL/H/STOR/CAL CONSUL T/NG 746'78 /BEX COURT $AN D/..GQ, CAL/FORN/A 92129 ' /6?9J 481-0915 GexwdScheduf e ufFee. Hou@yRates** Brian F. Smith, M . A. - ArchaeologicallHistricd Consultant $4 8 .OO Jaxnes R. Moriarty ,111, Ph. D. - Senior Academic Advisor . 40 .OO Associate Field Archaeologist (Field Supervisor) . 30 .OO Assistant Field Archaeologist . 18.00 Fie1 dArchaeologist 14 .OO Historian - Senior Researcher 25 .OO Research Assistant ' 15 .00 Graphics YreparaQon 18.00 . Word Processing 18.00 Labomtoy Supervisor 25 .00 LaboratoqT Assistant 18 .OO * All hourly rates include base salary and overliead. e 0 MELCHIOR LAND SURVEYING INC. E .. FEES FOR SERVICES LAND SURVEYING Rater Effec.tive through August 1, 1990 I Man Crcw ................. $ 60.00 per hour 2 Man Crew ................. $ 118.00 per hour 3 Man Crew ................. $ 158.00 per hour Principal Surveyor ............. $ 65.00 per hour DtafLsman. ................. $ 47.00 per hour Computer Operator. ............. $ 47.00 per hour # 5205 AVENIDA ENCINAS = SUE F CARSBAD, CA 92008 61 9.4384 726 w FAX 67 9438=3991 -_ .* .. a e Mari ne Construction Consul tants 250 West Wardlow Road P.O. Box 7978 Long Beach, CA 90807 (213) 799-1292 HOURLY RATE SCHEDULE PRI NCI PAL $75.00 I 0 0 .I ATTACHMENT G ITEMS TO BE FURNISHED BY OTHERS Task Number - Item The Port and the City shall furnish copies of reports 1 i sted in Attachment A. The City shall furnish a1 1 necessary si te-access and traffi c-control permits. Legal descriptions and tract and parcel maps for the project area and adjoining properties shall be furni shed by the City . The EIR/EIS consultant shall conduct interagency meetings, develop the plan, and prepare meeting minutes . Construction-impact criteria, including water quality and ci rcul ati on, turbidity control , noise control, vegetation protection, and visual intrusion on existing habitats shall be developed by the EIR/EIS consultant. The City shall provide copies of easement documents foi all known easements within the project area. The City shall provide copies of available improvement plans for utilities within the project area which may be affected by the project. Names and addresses for all known easement holders within the project area. The City shall provide appropri ate faci 1 i ti es and notices for public meetings. Utility relocation cost estimates shall be prepared an furnished by the utility companies. 1 2 3 3 7 8 8 8 10 11 G-1 0 ATTACHMENT H SPECIAL INSURANCE ENDORSEMENT H-1 _- . I (prindtypa name). warrant mat I have authority to bind the bdow-listed insurance company and by my signature hereon do so bind this company. Signature: Authorized R epraenrative {origid SignanUC nquRCd on copy &rushed IO the Bomd of Harbor Commissionen) TITLE: ORGANIZATION : AOOR ESS: TELEPHONE : Repon cfaims pUrSUant to this insurance to: (name. address, telephone) There is a: a Oeducrible of S a Self Insured Rerention of S Which aoplies: nPer Claim CI Per Occurrence Poiicy Numaw EfIQOrsmnMt Inswane* Comosnv .YumOer E ff .CUV. 0 St. ot Enacmnnrt 0 e EXHIBIT 2 ANTICIPATED CONTRACTUAL SERVICES AND CARLSBAD ADMINISTRATIVE SERVICES REIMBURSEMENT AGREEMENT NO. Agree I. Contractual Services Amou SUBAGREEMENT NO. 1 $1660 for supplemental & final design options 117 with Moffatt & Nichol, Engineers $1778 SUBAGREEMENT NO. 2 2.2 for appraisals 30 (consultants to be determined) $150 $187 2.1 for legal descriptions 20 2.3 for legal fees 100 contingency 25% 37 SUBAGREEMENT NO. 3 20 misc. consultant services contingency 25% 5 (consultant to be determined) $25 11. Carlsbad Administrative Services A. Staff salaries 50 B. Supplies (reproduction, mailing, etc.) 15 15 20 C. Travel (Agency & permit meetings) - $80 contingency 25% - $100 III. summary Contractual Services $1991 Carlsbad Administative Services 100 $2091 6 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 e e 90-72 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A BRIDGE AGREEMENT WITH THE CITY OF LOs ANGELES, BOARD OF HARBOR COMMISSIONERS, REGARDING THE BATIQUITOS LAGOON ENHANCEMENT PROJECT WHEREAS, the City of Los Angeles, acting by and tk its Board of Harbor Commissioners (Board) and the City of Cai (City) have previously executed agreement regarding a prc project identified as the Batiquitos Lagoon Enhancement P: (Project) as potential mitigation for Los Angeles Harbor fill WHEREAS, Board and City are parties to an agrc ("MOA") involving various Federal and State regulatory and rei agencies establishing procedures and responsibilities fa design, construction, and maintenance of the project; and WHEREAS, the MOA requires Carlsbad to administc design and construction of said project in addition t permitting activities, acquisition of rights-of-way, and project entitlements; and WHEREAS, Board desires to fund costs associate( supplemental environmental and engineering studies, final d bridge replacement, and related consultant services fc continuation of the project; and WHEREAS, the City Council of the City of Car California, hereby finds it necessary, desirable, and in the interest to proceed with the agreement with the Board to affc continuing activities of the project. /// /// .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 e rn NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and cor1 2. That an agreement with the City of Los AI Board of Harbor Commissioners for replacement of the West Ci Bridge for the Batiquitos Lagoon Enhancement Project is approved and the Mayor and City Clerk are authorized and d to execute said agreement. Following the Mayor's and City ( signature of said agreement, copies of this resolution 2 accompanying agreements and exhibits are to forwarded Municipal Projects Department and the Port of Los AI attention: Lisa Sales, 425 South Palos Verdes Street, P. 151, San Pedro, California, 90733-0151. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 20th day of March by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux ant NOES: None ABSENT: None ATTEST: 24 25 26 27 28 (SEAL) .* e ------- -..* -I_ TRANSMITTAL Na [-: p' r r-- ' _' 7 i: -,.: __ <li>!<-'1 n 8 -I A[; L ~.:YT I 43q- I C! I I (,I 1' \; ,,;!['I [ is ----I--....- __ _I_1__- SUPPLEMENT NO.l TO EXHIBIT B OF AGREEMENT NO, 1439 DEFINING SUPPORT BY THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS TO THE CITY OF CARLSBAD FOR THE BATIQUITOS LAGOON ENHANCEMENT AGREEMENT This Supplement No. 1 to Exhibit B of Agreement No. 14 is entered into by the City of Carlsbad (19Cityft) and the City Los Angeles acting by and through its Board of Harbor Commissionc ( I1Board1l) . RECITALS WHEREAS, City and Board are parties to Agreement No. 1L ("the Agreement" ) establishing a project for compensation marine habitat losses incurred by port development landfills wit1 the harbor district of the City of Los Angeles by marine habit enhancement at Batiquitos Lagoon ("the Project") . WHEREAS, Exhibit B to Agreement No. 1439 constitutes separate agreement between City and Board to specify the paymc and support obligations of Board to City in order to perform : obligations for the Project under the agreement, WHEREAS, as a result of the preliminary environmental i engineering work for the Project, City and Board acknowledge i agree: (1) the West Carlsbad Boulevard Bridge (the 'IBridge1l) a fifty (50) year old bridge which CALTRANS has determined is the end of its service life, and (2) the dredging and water f: restorations inherent in the Project, if undertaken, w. necessitate the replacement of the Bridge at Batiquitos Lagoon NOW, THEREFORE, City and Board agree that Section 3 Exhibit B to Agreement No. 1439, which is entitled "Projc Construction1@ is modified to add subsection 3(g) as follows: I. Subject to the conditions below, City, as part of obligations under the Agreement to accomplish . Project, will design and construct the Bridge. Bridge replacement will be built to current C standards and will include, in addition to a new two 1< bridge with road transitions and utilities, areas bicycles and vehicle and pedestrian accesses to q across the lagoon. The Bridge will be constructed I -. ** 0 0 City as an integral part of the Project. Boai obligation to fund Bridge construction costs contingent upon Board proceeding with the Project as forth in Section VI of Agreement No. 1439. To the ext that it has not already been done, all necesz environmental or design work for the Bridge will performed by the consultants retained by City as part its contracts for the Project. City and Board agree that the Bridge is included wit the scope of the Project under the Agreement and Exhi B. City will integrate the bridge into the Proj schedule. Board will reimburse the City for its cc in designing and constructing the Bridge incluc administrative costs, in accordance with Exhibit B. C will otherwise administer and accomplish constructior the Bridge as part of the Project in accordance I Exhibit B. 111. City will use its best efforts to obtain grant funds the Bridge from the California Department Transportation (CALTRANS). To the extent the City able to secure CALTRANS money, it will be used for Bridge. If CALTRANS funds cannot be obtained or if cost of the Bridge is in excess of the available gr money, then the Board will reimburse the City the c of Bridge construction as a project cost in accords with Exhibit B. IV. The Bridge will be constructed to the extent possi within the existing City right-of-way. City, necessary, will obtain easements from state parks utility companies the cost of which will be included the Bridge construction cost. Bridge construction cc shall also include the cost of demolishing the exist bridge. When completed the Bridge will be accepted the City as part of City's public street system. C acceptance City will assume responsibility maintenance and liability in accordance with the Cit programs in that regard applicable to other City stree 11. //// //// I/// I/// //// //// = * a 0 This Supplement shall be effective on the date approval by City or Board whichever is later. Dated: 3-23-?0 CITY OF CARLSBAD, a municipa APPROVED AS TO FORM: City Attorney CITY OF LOS ANGELES BY AND THROUGH ITS BOARD OF HARBOR COMMISSIONERS Attest: APPROVED AS TO FORM: i Budget-FY19 ti?/ 7'6 ACmSS?ctr.~prot- Raym6nd-PlBender Assistant City Attorney 1s:sp 003. Is 2/21/90 . -u $ 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 e m 90-73 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING PARTICIPATION IN THE FEDERAL BRIDGE REPLACEMENT PROGRAM FOR THE WEST CARLSBAD BOULEVARD BRIDGE, BRIDGE NO. 57C0112L WHEREAS, the City Council of the City of Car California, has entered into an agreement with the City Angeles, acting through its Board of Harbor Commissioners, f administration of the Batiquitos Lagoon Enhancement Project WHEREAS, as an element of said project, certain r and/or replacement of bridge structures are necessai accommodate anticipated inflows and insure structural integri promote public safety; and WHEREAS, the City of Carlsbad owns, operates maintains Bridge No. 57C0211L, S101, San Marcos Creek B hereafter referred to as the West Carlsbad Boulevard Bridge WHEREAS, said bridge structure requires co replacement in-kind due to anticipated impacts from said pr and WHEREAS, the Federal Highway Administration, i through the State of California, Department of Transporl (CALTRANS), administers the Federal Bridge Replacement PI identifying deficient bridge structures and providing fin; opportunities and Federal participation in local govern] replacement and repair of said deficient structures; and /// /// /// -u 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 0 e WHEREAS, the City Council of the City of Car California, hereby finds it necessary, desirable and in the interest to formally request participation in said Federal Replacement Program. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and corr 2. That the City Council of the City of Car California does hereby formally request participation : Federal Bridge Replacement Program for City-owned Bride 57C0211L, S101, San Marcos Creek Bridge. 3. That the City Council of the City of Car California does hereby formally request assistance i application and administration of said program from the St California, Department of Transportation (CALTRANS). 4. That the City Council of the City of Car California does hereby formally request inclusion of said replacement in the next available budgeting cycle for said pr 5. That the City Council of the City of Car California does hereby formally request that the Sta California, Department of Transportation (CALTRANS), procee any and all administrative requirements, field reviews, /// /// /// /// /// /// /// .* Y , 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 a e environmental processes, and other necessary elements to affe accomplishment of said project application. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 20th day of March i by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Cit$ Clerk 4 RiLLL (SEAL) 0 m ATTACHMENT E SCHEDULE OF PERFORMANCE The consultant shall comply with the schedule of Performance indicated below for all work to be produced under this Agreement. This schedule includes time required for review by the City and the Port and other public agencies having jurisdiction. Required changes to the schedule of work shall be submitted to the City for approval. The consultant shall submit for review the following: PHASE I: 1. a) Ten (10) copies of the draft summary report on review of prior studies per Scope Item 1.4 within 21 calenda days from the Notice to Proceed (NTP). The City shall transmit review comments to the Consultant within five (5) days of receipt of draft submittal . Ten (10) copies of the final Summary Report on review of prior studies per Scope Item 1.4 within 7 calendar days of receipt of comments from City on the draft report submittal . Ten (10) copies of the draft Geotechnical Report per Scope Item 2.6 within 70 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft subini ttal . Ten (10) copies of the final Geotechnical Report with 14 days from the receipt of comments from the City on the draft report submittal . Ten (10) copies of the preliminary Base Plan of existing conditions per Scope Item 3.1 within 70 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the final Base Plan within 14 calendar days of the receipt of comments from the Cit on the prel imi nary pl an submittal . b) c) 2. a) b) c) 3. a) b) c) E- 1 4 -\ 0 0 _- 4. a) One (1) architectural rendering of the Lagoon Enhancement Plan per Scope Item 3.5 within 80 calendar days from the NTP. 5. a) Ten (10) copies of the Hydrographic and Topographic Maps per Scope Item 3.6 within 70 calendar days from the NTP unless cloud cover prevents timely aerial photography. If photography is delayed due io weather, a new schedule of completion for this item will be submitted within 3 days of actual photography compl et i on. 6. a) Ten (10) copies of the preliminary Wetland Delineation Map per Scope Item 3.7 within 70 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal. Ten (10) copies of the final Wetland Determination Map within 14 calendar days of the receipt of comments froa the City on the preliminary map. Ten (10) copies of the draft memoranda of meetings per Scope Item 3.9 within 7 calendar days of the conclusior of each meeti ng . The City shall transmit review comments to the Consultant within five (5) days of receipt of draft submittal . Ten (10) copies of the final memoranda within 3 calendar days of the receipt of comments from the City on the draft memorandum. Disposal Plan per Scope Item 4.11 within 70 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the Preliminary Dredging and Disposal Pl an i ncorporati ng comment responses wi thin calendar days of the receipt of comments from the Ci tj on the prel imi nary map. 9. a) Ten (10) copies of the preliminary dredging schedules and estimates per Scope Item 4.12 within 70 calendar days from the NTP. b) c) 7. a) b) c) a. a) Ten (10) copies of the Preliminary Dredging and b) c) E-2 * e 'S -.. b) The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the preliminary dredging schedule and estimates incorporating comment responses within 11 calendar days of the receipt of comments from the City on the prel iminary submittal . Ten (10) copies of the preliminary jetty design and estimates per Scope Item 5.4 within 70 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the preliminary jetty design and estimates incorporating comment responses within 14 calendar days of the receipt of comments from the City on the preliminary submittal . Ten (10) copies of the draft report from the Technical Review Committee per Scope Item 5.5 within 35 calendar days from the NTP. The City shall transmit review comments to the Consultant within seven (7) days of receipt of draft submittal . Ten (10) copies of the final report from the Technical Review Comi ttee per Scope Item 5.5 within 14 calendar days of the receipt of comments from the City on the draft report. 12. a) Ten (10) copies of consultant's comments regarding the Envi ronmental Management P1 ans (EMP) devel oped i n the EIR/EIS per Scope Item 7.2 within 70 calendar days froi the NTP or within 7 calendar days from the receipt of the Plans if received later than 63 calendar days from the NTP. 13. a) Ten (10) copies of the preliminary Utility Relocation Plan per Scope Items 8.1 and 8.3 within 70 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal c) 10. a) b) c) 11. a) b) c) b) E-3 5 -\ e 0 c) Ten (10) copies of the preliminary Utility Relocation P1 an i ncorporati ng comment responses wi thin 14 cal endai days of the receipt of comments from the City on the prel iminary submittal . Schedule per Scope Item 8.4 within 70 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the preliminary Utility Relocation Schedule incorporating comment responses within 14 calendar days of the receipt of comments from the City on the pre! iminary submittal . Ten (10) copies of the draft Bridge Study Report for the West Carl sbad Boul evard Bridge per Scope I tem 9.4 within 98 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the final Bridge Study Report for the West Carlsbad Boulevard Bridge within 14 calendar days of the receipt of comments from the City on the draft report. Ten (10) copies of the draft Remedial Measures Report for the East Carlsbad Boulevard Bridge per Scope Item 9.15 within 98 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the final Remedial Measures Report for the East Carlsbad Boulevard Bridge within 14 calendar days of the receipt of comments from the City on the draft report. Ten (10) copies of the draft Remedial Measures Report for the Atchison, Topeka and Santa Fe (AT&SF) Railroai Bridge per Scope Item 9.25 within 98 calendar days frc the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . 14. a) Ten (10) copies of the preliminary Utility Relocation b) c) 15. a) b) c) 16. a) b) c) 17. a) b) E-4 .' a 0 c) Ten (10) copies of the final Remedial Measures Report for the AT&SF Railroad Bridge within 14 calendar days of the receipt of comments from the City on the draft report Ten (10) copies of the draft Remedial Measures Report for the Interstate 5 (1-5) Highway Bridge per Scope Item 9.35 within 98 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the final Remedial Measures Report for the 1-5 Highway Bridge within 14 calendar days of the receipt of comments from the City on the draft la. a) b) c) --' report. 8 19. a) Ten (10) copies of the initial preliminary construction cost estimate per Scope Item 11.1 within 49 calendar days from the NTP. Ten (10) copies of the preliminary cost estimate for the prel imi nary 1 agoon enhancement pl an devel oped i n Phase I and in the EIR/EIS per Scope Item 11.2 within 98 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of prel iminary submittal Ten (10) copies of the preliminary cost estimate incorporating comment responses within 14 days of the receipt of comments from the City on the preliminary submittal . schedule for the preliminary 1 agoon enhancement plan developed in Phase 1 and in the EIR/EIS per Scope Item 11.2 within 98 calendar days from the NTP. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the preliminary construction schedule i ncorporati ng comment responses within 14 day: of the receipt of comments from the City on the prel imi nary submittal Ten (10) copies of the Executive Project Schedule for Phase I per Scope Item 13.1 within 14 calendar day from the NTP. ' b) c) d) 20. a) Ten (10) copies of the preliminary construction b) c) 21. a) E-5 e 0 b) a) Ten (10) copies of the updated Executive Project Schedule at each monthly progress meeting. Three (3) copies of the Critical Path Method (CPM) chart for completion of Phase I per Scope Item 13.2 within 14 calendar days from the NTP. Two (2) copies of the updated CPM chart at each monthl: progress meeting. Ten (10) monthly progress reports per Scope Item 13.3 to be presented each monthly progress meeting. Ten (10) copies of the minutes of meetings per Scope Item 15-2 within 7 calendar days of the conclusion of each meeting. Ten (10) copies of the draft report from the Technical Review Committee (TRC) per Scope Item 16.2 within 7 calendar days from the conclusion of each TRC review. The City shall transmit review comments to the Consultant within five (5) days of receipt of draft submittal . Ten (10) copies of the final report from the Technical Review Committee within 14 calendar days of the receip of comments from the City on the draft report. 22. b) a) a) 23. 24. 25. a) b) c) PHASE 11: 1. a) Ten (10) copies of draft comments and recommendation o final environmental documents per Scope Item 1.2 withi 7 days from the Notice to Proceed for Phase I1 (NTPII), The City shall transmit review comments to the Consultant within five (5) days of receipt of draft submittal. Ten (10) copies of the final comments and recommendations within 7 days of receipt of comment from the City on the draft submittal Ten (10) copies of the 50-percent progress drawings anc speci f i cati ons for the Lagoon Enhancement P1 an per Scope Item 3.8 within 70 calendar days from the NTPII. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . b) c) 2. a) b) E-6 &I e 0 -. c) Ten (10) copies of the 95-percent progress drawings ai specifications within 42 calendar days from the recei of comments from the City and TRC on the 50-percent submittal . The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . One (1) reproducible copy of the drawings and one (1) camera-ready copy of the specifications within 14 calendar days from the receipt of comments from the City and TRC on the 95-percent submittal. specifications and astimates for the Dredging and Disposal Plan per Scope Items 4.3 and 4.4 within 70 calendar days from the NTPII. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal. I Ten (10) copies of the 95-percent progress drawings, specifications and estimates within 42 calendar days from the receipt of comments from the City and TRC on the 50-percent submittal . The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submi ttal . One reproducible copy of the drawings and one camera ready copy of the specifications within 14 calendar days from the receipt of coments from the City and T on the 95-percent submittal . Ten (10) copies of the 50-percent progress drawings a specifications for the Tidal Inlet per Scope Items 5 and 5.2 within 70 calendar days from the NTPII. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submi ttal . Ten (10) copies of the 95-percent progress drawings i specifications within 42 calendar days from the rece of comments from the City and TRC on the 50-percent submi ttal . The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . d) e) 3. a) Ten (10) copies of the 50-percent progress drawings, b) c) d) e) 4. a) b) c) d) E-7 -I e 0 e) One reproducible copy of the drawings and one camera ready copy of the speci f i cati ons wi thi n 14 calendar days from the receipt of comments from the City and TRC on the 95-percent submittal . Ten (10) copies of the 50-percent progress drawings and specifications for the Beach Nourishment Plan per Scope Items 6.1 within 70 calendar days from the NTPII. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submi ttal q Ten (10) copies of the 95-percent progress drawings anc specifications within 42 calendar days from the receipi of comments from the City and 'IRC on the 50-percent submittal . The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal. One reproducible copy of the drawings and one camera ready copy of the speci f i cations wi t hi n 14 cal endar days from the receipt of comments from the City and TRC on the 95-percent submittal. Ten (10) copies of the 50-percent progress drawings ani specifications for the Contingency Dredge Disposal Ple per Scope Item 6.2 within 70 calendar days from the NTPII. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the 95-percent progress drawings ar specifications within 42 calendar days from the receii of comments from the City and TRC on the 50-percent submittal . The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submi ttal . One (1) reproduci bl e copy of the drawings and one- percent (1) camera ready copy of the specifications within 14 calendar days from the receipt of comments from the City and TRC on the 95-percent submittal. 5. a) b) c) d) e) 6. a) b) c) d) e) E-8 4D 0 7. a) Ten (10) copies of the draft Construction Environmenta Management Monitoring P1 an and the Long Term Moni torir Plan per Scope Items 7.1 and 7.2 within 147 calendar days from the NTPII. The City shall transmit review coments to the Consultant within fourteen (14) days of receipt of draft submittal. Ten (10) copies of the final Construction Environment3 Management Monitoring P1 an and the Long Term Moni tori r Plan within fourteen (14) days of receipt of City comments on the draft plans. Ten (10) copies of the 50-percent progress drawings an specifications for the West Carlsbad Boulevard Bridge replacement per Scope Item 9.5 within 70 calendar days from the NTPII. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the 95-percent progress drawings an specifications within 42 calendar days from the receir of comments from the City and Caltrans on the 50- percent submi ttal . The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . One reproducible copy of the drawings and one camera ready copy of the speci fi cations wi thin 14 cal endar days from the receipt of comments from the City and Cal trans on the 95-percent submittal . Ten (10) copies of updated cost estimates per Scope Item 11.1 with each drawing and specification review submittal . The City shall transmit review comments to the Consultant with drawing and specification comments foi each submittal . Ten (10) copies of final Engineers Estimate and final pay quantities per Scope Items 11.2 and 11.3 with the submittal of the final reproducible set of drawings. 10. a) Ten (10) copies of the prel iminary construction schedule per Scope Item 11.4 along with the 95% submittal of the Lagoon Enhancement P1 an drawings. _- b) c) a. a) b) ! c) d) e) 9. a) b) c) E-9 -. 0 e b) The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the proposed construction schedulc with the submittal of the final reproducible set of drawings Ten (10) copies of the Preliminary Summary Report per Scope Item 12.4 within 70 calendar days from the NTPI The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the Draft Summary Report within 42 calendar days from the receipt of comments from the City on the 50-percent submittal. The City shall transmit review comments to the Consultant within fourteen (14) days of receipt of draft submittal . Ten (10) copies of the Final Summary Report within 14 calendar days from the receipt of comments from the City on the 95-percent submittal. Ten (10) copies of the Executive Project Schedule for Phase 2 per Scope Item 13.1 within 14 calendar day frc the NTPI I. Ten (10) copies of the updated Executive Project Schedule at each monthly progress meeting. Three (3) copies of the Critical Path Method (CPM) chart for completion of Phase 2 per Scope Item 13.2 within 14 calendar days from the NTPII. Two (2) copies of the updated CPM chart at each month1 progress meeti ng . Ten (10) copies of monthly progress reports per Scope Item 13.3 to be presented at each monthly progress meeting. "- c) 11. a) b) c) d) e) 12. a) b) a) 13. b) 14. 15. a) Ten (10) copies of the minutes of meetings per Scope Item 15.2 within 7 calendar days of the conclusion of each meet i ng . Ten (10) copies of the draft report from the Technical Review Committee (TRC) per Scope Item 16.2 within 7 calendar days from the conclusion of each TRC review. 16. a) E-10 f a e ., -* ATTACHMENT F METHOD OF COMPENSATION The consultant shall be compensated for services under this contract in accordance with ENGINEERING AGREEMENT, Paragraph 10 and as provided herein. Two methods of payment shall be made as specified; lump sum (LS) and time and expenses (TM) with a not-to-exceed amount. 1. Lump sum (LS) payments shall be made in whole or in increments equal to the percentage of Study Task or Design Task completed multiplied by the total value of the task or subtask compensation less the previous bi 1 1 i ng . Payments shall be made in accordance with the following formula for each task or subtas k: Payment = (percent progress x fee) - previous billings Progress shall be reported in monthly reports in accordance with Section 13.3 of Exhibit A, Scope of Services. The Consultant shall also present an invoice. The City shall review the invoice and progress report and approve the invoice or state disputed amounts. If amounts are disputed, the City shall inform the Consultant within five (5) days and state reasons for the dispute. Payment shall be made for amounts not in dispute. Disputed amounts shall be paid upon resolution of the dispute. LS fees are based on the proposed schedule. Escalation may be required if the schedule is extended. Time and expenses (TM) payments shall be made monthly based on the appropri ate enclosed rate schedule. Progress reports and invoices shall document the progress and actual time applied to the project for the specific task. Expenses shall be listed. Rate schedules may be updatec ann,.ially for the consultant and its subcontractors. The City shall revic the invoice and progress report and approve the invoice or state disputf amounts. If amounts are disputed, the City shall inform the Consultant within five (5) days and state reasons for the dispute. Payment shall b made for amounts not in dispute. Disputed amounts shall be paid upon resolution of the dispute. 2. F-1 ._ - -. -. 0 0 PHASE I Compensation i n Task 1 Review and Evaluation of Previous Studies (LS) 60,98 Task 2 Geotechnical a) Mobilization (LS) 20,001 b) Report and Analyses (LS) Lagoon Enhancement P1 an a) Compile information (LS) 9,56( 10,00( Bathymetric Map (LSp 118,65i c) Archi tectural Renderi ng (LS) 12,541 d) Wetland Delineation (LS) 25,062 87,351 Task 3 b) Hydrographic and To ographic Survey Mobilization (LS) e) Coordinate with EIRIEIS Consultant (TM) a,a7~ f) Analysis and Plan (LS) 20,06l g) Meeting Notes (LS) 4,105 Task 4 Dredging and Disposal (LS) 58,456 Task 5 Tidal Inlet (LS) 104,845 Task 6 Beach Nourishment Plan (LS) 40,022 Task 7 Envi ronmental Management P1 ans (LS) 13,515 Task 8 Uti 1 i ty Re1 ocations (LS) 17,854 Task 9 Bridge Studfes (LS) 181,566 Task 10 Permit Application and Agency Coordination (TM) 51,404' Task 11 Estimates of Construction Costs and Construction Schedules (LS) 36,148 Task 12 Summary Report (LS) 27,823 Task 13 Project Management and Study Schedul e (LS) 52,061 Task 14 Construction Support Services (TM) O9 Total : $1 , 0- Task 15 Meetings (TM) 51,885j Task 16 Technical Review Committee (TM) 23 569' * Not-to-exceed amount F-2 .- .. 0 0 PHASE I1 Compensation in ' Task 1 Review and Evaluation of Previous Studies (LS) 14,012 Task 2 Geotechnical Program (LS) 12,092 Task 3 Lagoon Enhancement P1 an (LS) 102,752' Task 4 Dredging and Disposal Plan (LS) 3a,79~ Task 5 Tidal Inlet Design (LS) 24,721 Task 6 Beach Nourishment Plan (1s) 25,751 11,601 Task 7 Task 8 Utility Relocations (TM) 5,171 Envi ronmental Nourishment P1 ans (LS) Task 9 Bridge Design and Coordination (LS) i7a,3< Task 10 Permit Application and Agency Coordination (TM) 22,33 Task 11 Construction Schedules (LS) 19,25 Task 12 Reports (LS) 16,44 Task 13 Project Management and Study Schedule (LS) 46,39 Task 14 Construction Support Services (TM) 56,75 Task 15 Meetings (TM) 20,7€ Task 16 Technical Review Committee (TM) 29,2f Total : 624,41 * Not-to-exceed amount Estimates of Construction Costs and F-3 _. -$$- 0 m . MOFFATT & NICHOL, ENG- MTE SCHEDULE FOR PROFESSIONAL SERVICES Effective June 1989 Until Revised UASSEICATION HOURLY RATES propct -g= propct Engineeft/Senior Engineer ENGINEERING Slozoo $86.00 coastal Scientist s 86.00 MechanicalEngineer $szoo EleckiCalEngineer $8oM) StruCturalEngineer $70.00 coastal/- h@f= $66m civil Engin= $68.00 Staff En@n= $49.00 Arthitects $65.00 SpedficatiOnS $65.00 Drafter1 $40.00 word proaessing $40.00 ~eneral add elm ARCf-XE’Em/sPECIFICAnoNS $=m DIUF”G Draftern CLERICAL - $120.00 sux3m SPECIAL PrinCipalS Court A- REIMBURSABLE EXPENSES camputer Rates Micro Computer at $lS/hour CADD at $15/hour Main Frame at Cost + 25% In-Hotw Prints and Xerox at Cost Other Reproduction at Cost plus 15% cost + 15% unless otherw= * Provided in Written Apemnt Company Auto at 25 cents/de Travel and Expenses at Cost Reproductions Subcontractors Mileage Travel -. e ogd(ll Beeman &-IC 1990 HILUNG RATES 1. Sgvemrnent Rates fur 1990 810 - Direct Lab I: ntle/Dmtbq 0. Beeman 34.62 Prlndpal G. Hartman 25.75 Sf. Engineer J. Vlastelicia 21.59 Engineer I1 K. Krcma 1661 Engineer I M. Johnson 18.55 Research/Coordlnatar A. Opton 11.84 Engineer Tech 3. Howe 11 S4 En~ineer Tech A. Terada 12-02 secretarial Pavroll Overhaad: 2030% Fenerrdl & Administrative: 121.79% Profit: 12.0% Fully foaded rates translate to: ' 0. Beernan: 93.89 G Hartman: 69.84 J. Vlasteflcia: 5856 K. Krcma: 44.78 M. Johnson: 50.31 A, Ogston: 32.1 I J. Howe: 31 30 A Terada. 32.60 2. Lena1 Rates Advice and consubtion on legal refated work Is Mfted at Standard Houfrj Rs Preparation for and testimony at triaf-related actfvilfes, Including depositkns arbitradon hearings, are billed at the following rates: Cfourlv eztllv 0. Beernan $1 25.00 $7 000.00 0. Hartman 1oO.M) 800.00 J. Wastelciz 82.50 660.00 K. Krcma 0750 640.00 I , m . .-.A ... e *I .. Wef la ndsl Research Associates, Inc RATE SCHEDW (As of January 1, 1990) Principals: Michael Josselyn, PhD, President ............ ....W..... ................. $95/hr James BuchhoIz, MA, Senior ASsociate ...,..m.............*........$ 75/hr Associates: Douglas Spicher, MA ..... .. ............................... ... ..............H... .$48/hr Pamela Williams, P~.....................*.*....*...................bb..*.*.$4S~r Biological Technicians: David Hohmy, BA ..................... ....H..WwI..... ..... ..................... $3S /hr John Van Staveren, BS ...H.......*..... ****.** .-...*........... ".. ..... $35/hr I Technicians ............ .............H........u..m...H... "~.*...*... .... -.......... .$3m r Expenses are billed separately (at cost plus 10%) and include travel, duplica photography, subcontracts and cartography. 2169-G East Francisco Blvd., Sun Rafael, CA 94901 (415) 454-88WFAX (415) 454-0 3650 Silverside Road, Wllrnlnglon, DE 19810 (302) 655-7974 I -. .( W -* Rcfcranca No. e WOODWARDCLYDB CONSULTANTS - This Schdub of chstgcs appliea to sdces mndaod In tho cOmnt year and until a new schedule of cbarp issued. A new schedule of charges iS hued periodfcally. Unleso other amngtmmts have kn made, chatgc services, inciuding canrinuing projects initiaEcd in the prior year, will b6 based on the new schedula of chngu. PRRSONNBL Persannd chivgss are fm prufessiod, technical, and sppPwt-8 at. au hnnrly me for time dinctly rclnttd !I projecl. Charges arc IIMO for technical typing h the prepamtion of rcparts and the time for pdnting u; ir production of teparu or ralsttd documents. Direct chges are not ra& fur ordinary secretarial service, o miinagtment, accounting, and mahtcnance &ca thws items me included in cw overhead Currcnt panc Clwifiatim andm at0 M foilow .Iiauu0u \ 2usmIld OECS Assisnrnt 35 WordFtcxxwr~~calTypist SO K) s5 IxaRc;persba Technical Asdslrurt rx Edftar Field or Laboratcny Tcchnfdan, Senior Drafqmon S5 Senior Tecbnicfan ,6!i Profe&ond Staff Wuding Engineer, Gmloglst, and EnVimnmmttaI Scientist: Staff 58 seniwsw 70 hidtant ProJsct 78 88 105 w=t Scnfor PtPjcct Associat6, Projocr MMagu 120, Mcipat, senior Connrlurnt 130 A pdpm of S10.00 psr hour will be added to the hourly mtea of non-pmfwionat staff for avtnimc. Ova work is defined as his cbarged to a project in excm of 8 hours par day, and any Lime worked on weekel holidays, or night shift3. Thu spent in travel in the fntmcst of the client WiIr be c-ed at the hourly rate. W it is nwessa;ry for an employee to be away from tha office overnight, suhsistenct will be charged. ,ant PvSonnal a ba chagtd sccatding M thS k&nteS fotdi&~~ 89 fisted &W, mWdOR fOr Cdtnt am, preSCllUtiO!lS t4 rS@tory boards, tr other special requests for tesbony aril chat@ Bt r( m14 of $1,500 per day plu cxperww fur tach indivrdual artending. Tha full day rate wit1 bc minimltm charge for any portion ofa by, BQUIPMEN'I' - GBoTEcHEncAL Iic~comptaw s lS.Oo/hr. e LS.OO/hr. 15.00hr. bCkOmOWT R&action Sobogxaph Nuclear Wry Tost 6.00b. Pitld~lio~mbilolaboratoryand 8BMt. 'lhqambnvcb.&la OAOimi. Drill Tool Kit 1IWday 0th~~ vc4'hh8 UICd fn fmld work Rates for seismfc mY eqUtpmmt, mg morion monitors, down-hold shear WLIY~ sytrem, shear wave hm reSiptivity quipmat. mpffomWt, wnhqualro data W, dupe Indimor, Jeriai photographic mem. acornti ~U~P~CW vibration mdtoring quipmen& sttlernent plates, ar any other spa equipment will bt fmist um rcqrrest. (SD 060 89WO) .I- Nl(ldS-89) Ltr01 61/10 06. 70 0931 QNt(S33rn 0~6.L f62 619 s: '4 0 0 Reference No. L LABORATORY TESTS - C3EO"XCAt Jlhuzb Sieve hrrplyola (mntcrid smdcr thsl~ u4 rrlove, wipl wm) $45.00 Siave Analysts (marsrial ha than 114 sieva) 110.00 and 3 pt. hydrometor) 60.00 Hydrometer AnaIysis (ASTM D-4222 410 matcrfal) 100.00 Sieve and Hydmmetv (Curps dEn&tcen rntrbods, 0 &as) 110.00 Lab Compaction Test (up to 4" diameter mold) 1os.00 hb Compaction Twt (6" diameter mold and CaIifmk 216-p) 130.00 Lab Compaction Teat - 1 pint 35.00 SandBqUfvalent 40.00 Liquid Limit 30.00 -tic Limit 3 0.00 Wdtylndex 60.00 4c.m spcciflc olavity Moisture Content and Visual Cbdbtim Moisture cbnltnt, Dry bMity wd Visual C!h&ation 20.00 UncCnAned cunlpression 35.00 Dht ShW - 3 Points 300*00 CansoMarion Tat - Setup 100.00 - Per Pofnt 40.00 Conffned Compresslon (including 2 points) 95.00 LmM Swell Test (2" di$uncr~r spscimeii) 90.00 p& UBC 29-2 ploctdurs) 115.00 Womb Seating Ratio (Static Compacdon) 125.00 Cdhlh Bag -0 {CbIpS af Emin- M6thod) * 400.00 R-Vai~a 145.00 Sample WWbn (When raquired), data duction, Wysts, and piotting arc charged at personnel rates. Rate other hbotato~ meng, such as ptrmeability, aiaxial wmprtsoion, MTS cyclic loading, comsivity. or ruis will be fpmiohed upon reqwr OTHKRDfRBCTEXPENSES Other ditect expnses idenlifuble to the project inCIudtng (but not limited tu) the examptes listed below wi ckgtd at cost tims 1.15. -me1 ExpenscS (mvC4 SubsistenCa and vtbic2a rentals inclnnd by PctJOnncl wbik on project activi Subnuacrs Outbids Consultam and Services Equipment or Sam& Shipping SWW ~uppiia6 (baftty, W~IJ~Y, pmm, ana w~ct MWW) Bxpendabls mate&& such as conrafnen and chemic,& Specid Few, Licema, Permits, Insurmws, etr; Mechanical Analysis (&e 8aalysiS on #4 narwial I 12.00 I ExpansionIndax(ncornpamcd4"diameter~ I (SD C3EO S9WO) -2- NI(10-5-85 St101 61/18 866 20 033IQNUS33m 8~6~ 262 619 X