HomeMy WebLinkAbout1992-01-28; City Council; 11535; APPROVAL OF A CONSULTANT AGREEMENT FOR THE PREPARATION OF A PLANNING STUDY OVER PORTIONS OF CARLSBAD BOULEVARD AND CANNON ROAD, PROJECT NO. 3365k
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CITaOF CARLSBAD - AGENPO) BILL 2.f- * @fl
AB# /\53-5 TITLE: APPROVAL OF A CONSULTANT AGREEMENT DEPT. HI
CITY AT: MTG. /-g%-?&
DEPT. ENG CANNON ROAD, PROJECT NO. 3365 CITY MG
RECOMMENDED ACTION:
FOR THE PREPARATION OF A PLANNING STUDY
OVER PORTIONS OF CARLSBAD BOULEVARD AND
Adopt Resolution No. q$- 33 approving a consultant agreement for the preparat of a planning study over portions of Carlsbad Boulevard and Cannon Road, Proj No. 3365.
ITEM EXPLANATION:
In October 1991, the City Council approved a revision to the Traffic Impact
(TIF) Ordinance which adopted an updated 1 ist of circulation improvements necess
to accommodate the traffic impacts related to future development. One of projects included in the TIF program is for the widening of a portion of Carls Boulevard with improvements to the intersection with Cannon Road. The traf analysis used in the preparation of the TIF program concluded that future traf volumes on Carlsbad Boulevard could be accommodated with the construction of a f width four lane roadway.
This action is recommending approval of a consultant agreement for the preparat of a planning study report that will evaluate alternative alignments and result impacts due to the construction of Carlsbad Boulevard from the SDG&E Encina PC Plant to Manzano Drive and also for Cannon Road between Carlsbad Boulevard anc Arbol Drive. The scope of work outlined in the attached consultant agreen includes the following: . Development of alignment alternatives. . Identify potential environmental and construction impacts as a result
widening existing roadways.
Preparation of a detailed cost estimate for each alternative. . Coordination with public agencies responsible for issuance of permits
the proposed improvements.
Meetings with affected property owners.
Preparation of a report summarizing the above and recommending speci a1 ignments for Council approval.
The alignment alternatives and the evaluation of impacts as a result of construction of full width improvements will provide the City with key informal regarding the future widening of these roadways. This report will ultimatelj used as a basis for the development of the final design document.
Proposal s were received from el even consul tant engineering firms. An Engineer Department committee carefully evaluated and ranked firms based on tt qualifications and experience with similar types of work. Leedshill-Herkenhc Incorporated was selected as the most qualified firm to provide the engineer services for the preparation of this planning study.
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Page 2 of Agenda Bill No. ! 1 )535
FISCAL IMPACT:
The attached consultant agreement provides for a lump sum fee of $85,000. The Council has previously appropriated $113,000 for this planning study in Accoun.
In the future, additional project funding will be required in order to complc
design and subsequently construct the ultimate improvements. The constructic the ultimate improvements is projected to be funded through Traffic Impact F
EXHIBITS :
1. Location Map
2. Resolution No. sa-33 approving a consultant agreement for preparation of a planning study over portions of Carlsbad Boulevard Cannon Road, Project No. 3365
310-820-1840-3365.
3. Consultant Agreement with Leedshill-Herkenhoff, Incorporated.
PROJECT NAME:
CARLSBAD BOULEVARD WIDENING
MANZANO DRIVE TO CANNON ROAD
PROJECT # EXHIBIT
3365 I
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AGREEMENT FOR PREPARATION OF
A PLANNING STUDY OVER PORTIONS OF
CARTSBAD BOULEVARD AND CANNON ROAD
THIS AGREEMENT, made and entered into as of the day of
,19,, by and between the CITY OF CAFUSBAD, a municipal
corporation, hereinafter referred to as "City", and LEEDSHILL-HERKENHOFF
INCORPORATED, hereinafter referred to as "Consultant".
RECITALS
City requires the services of an engineering consultant to provide a Planning
Study evaluating alternative alignments for Carlsbad Boulevard between the SDG&E
Encina Power Plant and Manzano Drive, and Cannon Road from Carlsbad Boulevard
to El Arbol Drive; and Consultant possesses the necessary skills and qualifications
to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
The goal of this study is to evaluate several roadway alignment alternatives
for Carlsbad Boulevard from the SDG&E Encina Power Plant to Manzano Drive and
also for Cannon Road from Carlsbad Boulevard to El Arbol Drive. This study will
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be used to develop a specific alignment and establish criteria for final design,
outside agency coordination and a budget level estimated cost for the construction
of the two road segments.
The scope of work is as follows:
TASK 1
The consultant will obtain and analyze all existing information, as-built plans
and any prior documents. This research shall include an initial meeting with City
staff to refine the schedule of the alignment study to be prepared.
TASK 2
A project schedule shall be developed and approved by the Project Manager
which will identify logical components of the project study and time requirements
to complete the report.
TASK 3
The consultant will provide ground control for aerial photogrammetry and
topographic mapping at a scale of one inch equals 20 feet with one foot contours.
The resulting topographic map will conform to the requirements as outlined in the
National Map Act Accuracy Standards. Enlarged aerial colored photos (one set) at
a scale of one inch equals 20 feet will be provided. The aerial colored photos will
be mounted on 1/4" foam board and cover from approximately 800 feet north of
Cannon Road to 400 feet south of Manzano Drive on Carlsbad Boulevard. The
portion of Cannon Road to be mapped and photographed will include the
intersection at Carlsbad Boulevard and extend to the AT&SF Railroad, a distance of
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approximately 1,200 feet. Negatives and survey notes will become property of the
City.
TASK 4
Consultant will contact representatives from SDG&E, Pac Bell, Daniels
Cablevision, Carlsbad Municipal Water and Sewer Districts and any other utility
company that may have facilities within the project area. Maps will be obtained
and utility lines plotted on base maps. The final report will identify where utility
potholing or field verification will be required for future improvement plans.
TASK 5
Field profiles will be prepared at steep driveways (maximum of 15 locations)
serving the adjacent properties. The profiles will include pad and garage floor
elevations if' the garage locations are critical to the future widening of the street.
Profiles of the 15 locations will be plotted at an adequate horizontal and vertical
scale so that the new driveway profile can be superimposed on the existing cross-
section. Selection of the 15 driveways to be profiled will be coordinated with City
staff. No other cross-sections or profiles will be provided.
TASK 6
The centerline of Carlsbad Boulevard and Cannon Road will be established
by field survey. The resulting property line information will be plotted graphically
on the one inch equals 20 feet scale topographic base maps.
TASK 7
Prepare three (3) preliminary alternative alignments for Carlsbad Boulevard.
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The alternatives will be drafted in colored pencil or pen in plan view on the base
maps at a scale of one inch equals 20 feet. The preliminary alignments dl1 include
proposed typical street cross-sections and cross-sections at locations where driveway
access may be critical. Only one layout will be required for Cannon Road.
TASK 8
After review by the City of the preliminary alternative alignments, the
selected alignments will then be drafted onto the plan and profile base maps.
Typical street cross-sections and profiles at critical locations will be developed for
each layout. The plans will show the street footprint, edge of curbs and gutters,
sidewalks median locations, existing and proposed right-of-way. Two profiles will
be shown, along the center of the northbound lanes and along the center of the
southbound lanes.
TASK 9
Proposed storm drain inlets are to be located at local sump conditions and
at regular intervals in order to accommodate surface runoff. No hydrology or
hydraulic analysis will be performed.
TASK 10
The consultant shall prepare a final report which shall include a discussion
with respect to the following:
A. Propose three (3) selected alternative alignments identified in Task 8
and recommend one as the best alternative.
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B. Methods used to evaluate various alternative alignments including all
cross sections required at critical locations.
Include a description of the landscape theme for Carlsbad Boulevard.
Photographs of the existing landscaped medians located along
Carlsbad Boulevard shall be provided.
Include survey control data so that alignment can be retraced during
final design stages.
Provide a budget level cost estimate to include all street construction
items. A quantity take-off must be provided for each alternative to
include major construction items such as: curb and gutter, pavement
area, sidewalk, traffic signal modifications, streetlights, drainage inlets
and pipes, retaining and sound walls, excavation and landscaping.
C.
D.
E.
TASK 12
The report will incorporate an Environmental Assessment prepared by the
City's Planning Department. No documentation or review will be required of the
consultant.
TASK 13
During the preparation and adoption of the final report, the following
meetings will be attended by the consultant:
Initial Meetings with City Staff
Property Owners 2
Monthly Progress Meeting With City Staff 6
1
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TASK 14
The final report will be prepared describing the purposes and methodology
of the report, verbal description of each alternative, cost comparisons and
concluding with a recommended alignment. The report will also include any plans
* and graphics as appendices.
A total of 15 bound copies of the final report including plans will be
furnished to the City. The final plans will be prepared on vellum material.
2. CITY OBLIGATIONS
The City shall provide:
A. A sample blank mylar plan and plan/profile standard drawing sheet
with title block.
Prior to Task 7, the City will provide copies of City studies, drawings
and traffic reports as appropriate and meet with consultant to review
design.
Prior to Task 7, the City will provide necessary traffic engineering
input with regards to traffic volume and peak hour turn movements
counts and also intersection geornetrics for both Carlsbad Boulevard
and Cannon Road including all intersections within the boundaries of
this project.
Prior to starting Task 8, the City will have provided all data,
preferences, review comments, environmental design criteria and
B.
C.
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D.
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resol~tio~, traffic enfieering input, and any other fequirements for
the preparation of the selected alignment drawings.
The City will prepare an Environmental Assessment identifying any
potential environmental impacts associated with the ultimate
improvements. This evaluation will be delivered to the consultant as
part of Task 8 and shall be incorporated into the final document.
E.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within 180 days of that date.
Extensions of time may be granted if requested by the Consultant and agreed to in
writing by the Project Engineer. Included in the 180 days are 21 days for City
review of the preliminary alignments and 20 days review of the draft of the final
report. Should the City require additional time for review, the Consultant will be
granted an extension to the 180 days to complete the contract. Should the contract
be delayed by the City or other events beyond the control of the Consultant in
excess of 360 days, the fee will be subject to adjustment as mutually agreed.
4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6,
"Payment of Fees," and shall be Eighty Five Thousand Dollars ($85,000). No other
compensation for services will be allowed except those items covered by
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supplemental agreements per Paragraph 8, "Changes in Work."
5. DURATION OF CONTRA(TT
This agreement shall extend for a period of 180 days from date thereof. The
contract may be extended for one (1) additional one (1) year period or parts
thereof, based upon satisfactory performance and the City's needs.
6. PAYMENT OF FEES
Payment of fees shall not exceed Eighty Five Thousand Dollars ($85,000) and
shall be paid per the following approximate percentages:
A. Initial Meeting and Research 4%
B. Base Mapping, Utility locations, Design Survey and
Right-of-way Mapping 26%
C. Preliminary Alternatives and Concept Level Drawings 46%
D. Cost Estimates 7%
E. Coordination Meetings 7%
F. Final Report 10%
7. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of the project report, the
Consultant shall deliver to the City the following items:
A. Fifteen (15) bound copies of the report including plans.
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B.
C.
Survey and ground control notes.
Enlarged aerial colored photos (one set) at a scale of one inch equals
20 feet mounted on 1/4 inch foam board.
Copy of base topographic information in electronic file format
compatible with Autocad Version 10.
D.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Consultant or
the City, and informal consultations with the other party indicate that a change in
the conditions of the contract is warranted, the Consultant or the City may request
a change in contract. Such changes shall be processed by the City in the following
manner: A letter outlining the required changes shall be forwarded to the City by
Consultant to inform them of the proposed changes along with a statement of
estimated changes in charges or time schedule. A supplemental agreement shall be
prepared by the City and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.1 72. Such supplemental
agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
9. COVENANTS AGAIN= CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Consultant,
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to solicit or secure this agreement, and that Consultant has not paid or agreed to
pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, 01:
resulting from, the award or making of this agreement. For breach or violation of
this warranty, the City shall have the right to annul this agreement without liability,
or, in its discretion, to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage
fees, gift, or contingent fee.
10. NONDISCRIMINATtON CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or perform the
work as provided for in this contract, the City may terminate this contract for
nonperformance by notifying the Consultant by certified mail of the termination of
the Consultant. The Consultant, thereupon, has five (5) working days to deliver
said documents owned by the City and all work in progress to the Project Engineer.
The Project Engineer shall make a determination of fact based upon the documents
delivered to City of the percentage of work which the Consultant has performed
which is usable and of worth to the City in having the contract completed. Based
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upon that finding as reported to the City Manager, the Manager shall determine the
final payment of the contract.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions,
if they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of, the
Consultant or the City Project Engineer. A copy of such documented dispute shall
be forwarded to both parties involved along with recommended methods of
resolution which would be of benefit to both parties. The City Project Engineer or
principal receiving the letter shall reply to the letter along with a recommended
. method of resolution within ten (10) days. If the resolution thus obtained is
unsatisfactory to the aggrieved party, a letter outlining the dispute shall be
forwarded to the City Council for their resolution through the Office of the City
Manager. The City Council may then opt to consider the directed solution to the
problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties
seeking remedies available to them at law.
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13. SUSPENSION OR TERMINATION OF SERWCES
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or
termination, upon request of the City, the Consultant shall assemble the work
product and put same in order for proper filing and closing and deliver said product
to city. h the event of termination, the Consultant shall be paid for work
performed to the termination date; however, the total shall not exceed the lump
sum fee payable under paragraph 4. The City shall make the final determination
as to the portions of tasks completed and the compensation to be made.
14. STATUS OF THE CONSULTANT
The Consultant shall perfom the services provided for herein in Consultant's
own way as an independent contractor and in pursuit of Consultant's independent
calling, and not as an employee of the City. Consultant shall be under control of
the City only as to the result to be accomplished, but shall consult with the City as
provided for in the request for proposal.
The Consultant is an independent contractor of the City. The payment made
to the Consultant pursuant to the contract shall be the full and complete
compensation to which the Consultant is entitled, The City shall not make any
federal or state tax withholdings on behalf of the Consultant. The City shall not be
required to pay any workers' compensation insurance on behalf of the Consultant.
The Consultant agrees to indemnify the City for any tax, retirement contribution,
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social security, overtime payment, or workers' compensation payment which the City
may be required to make on behalf of the Consultant or any employee of the
Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but
not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this agreement.
15. CONFORMITY TO LEGAL, REOUIREMENTS
The Consultant shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Consultant shall provide
all necessary supporting documents, to be filed with any agencies whose approval
is necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Consultant shall have the right to make one (1) copy of the plans for hisher
records.
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17. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in City and hereby agrees to
relinquish all claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims,
liabilities, penalties, fines, or any damage to goods, properties, or effects of any
person whatever, nor for personal injuries or death caused by, or resulting from, any
intentional or negligent acts, errors or omissions of Consultant or Consultant’s
agents, employees, or representatives. Consultant agrees to defend, indemnify, and
save free and harmless the City and its officers and employees against any of the
foregoing claims, liabilities, penalties or fines, including liabilities or claims by
reason of alleged defects in any plans and specifications, and any cost, expense or
attorney’s fees which are incurred by the City on account of any of the foregoing.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any
monies due thereunder without the prior written consent of the City.
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20. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under
this contract by the Consultant, Consultant shall be fully responsible to the City for
the acts and omissions of Consultant's subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as Consultant is for the acts
and omissions of persons directly employed by consultant. Nothing contained in
this contract shall create any contractual relationship between any subcontractor of
Consultant and the City. The Consultant shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract applicable to
Consultant's work unless specifically noted to the contrary in the subcontract in
question approved in writing by the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the
City to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of this agreement, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer or employee
of the City who is authorized in such capacity and on behalf of the City to exercise
any executive, supervisory, or similar functions in connection with the performance
of this contract shall become directly or indirectly interested personally in this
contract or any part thereof.
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22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of
the City, either before, during or after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained nor entitle the Consu;ltant
to any additional payment whatsoever under the terms of this contract. *
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall insure to and shall bind each of the
parties hereto, and each of their respective heirs, executors, administrators,
successors, and assigns.
24. EFFE-DATE
This agreement shall be effective on and from the day and year first above
written.
25. CONFJJCXOFINTEREST
The Consultant shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest
Code. The Consultant shall report investments or interests in real property.
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26. INSURANCE
The Consultant shall obtain and maintain policies of general liability
insurance, automobile liability insurance, and a combined policy of worker's
compensation and employers liability insurance from an insurance company
authorized to do business in the State of California which meets the requirements
of City Council Resolution No. 90-96 in an insurable amount of not less than one
million dollars ($l,OOO,OOO) each, unless a lower amount is approved by the City
Attorney or the City Manager. This insurance shall be in force during the life of this
agreement and shall not be canceled without thirty (30) days prior written notice
to the City sent by certified mail.
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day of aMd4X Y e Executed by Consultant this z”?d
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CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
LEEDSHILL-HERKENHOFF. INC.
(name of Consultant)
By: /& By: City Manager or Mayor (sign here)
&Gw&s5 & Aw *
-H/g& - H*amW&F+ di
(print name here) ATTEST: J/c(r Ak4s-‘#sQ7
(title and organization of signatory)
ALETHA L. RAUTENKRANZ
City Clerk (Secretary or Assistant Secretary, if
Corporation)
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering
that officer to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
BY Deputy City Attorney
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LEEDSHILL-HERKENHOFF, INC.
To; Whom it May Concern
I, John Howard, Secretary of Leedshill-Herkenhoff, Inc., hereby declare that any of
officers listed on the following excerpt from the minutes of a special meeting of the Bo
of Directors of Leedshill-Herkenhoff, Inc., are authorized individually to sign contracts
behalf of the corporation, and only one signature is required to bind the company.
I further certify that the following is a true and correct copy of a resolution of the Board
Directors, adopted at a special meeting on August 2, 1991.
&*/Jig2 &&d57 A/ /Z -2 7-- 9/ - Jo oward, Secretary Date
"Be it hereby resolved, that the following individuals are authorized to execute contracts on
behalf of the firm,
For all New Mexico contracts, Phillip G. Herkenhoff, Robert I. Johnson and Clinton F.
Dodge; for Albuquerque office contracts, Jim Morris can also sign; for Santa Fe office
contracts, Earl Cook can also sign.
For California contracts, Phillip G. Herkenhoff, Robert I. Johnson, Clinton F. Dodge
and Charles R. Bras."
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RESOLUTION NO. 92-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONSULTANT AGREEMENT
FOR THE PREPARATION OF A PLANNING STUDY OVER PORTIONS OF CARLSBAD BOULEVARD AND CANNON ROAD PROJECT NO. 3365
WHEREAS, the City of Carlsbad requires the services
professional engineering consultant to prepare a planning study eval
various alternative roadway alignments and recommend a specific a1 ignme
Carl sbad Boulevard between the SDG&E Encina Power P1 ant and Manzano Drive a
Cannon Road between Carlsbad Boulevard and El Arbol Drive; and
WHEREAS, a scope of work and consultant agreement has been pr
for said services; and
WHEREAS, the City Council hereby finds it necessary, desirat
in the public interest to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That the consultant agreement between Leedshill -Herkenhoff, I
the City of Carlsbad is hereby approved and the Mayor and City Clerk are
authorized and directed to execute said agreement.
3. Following the Mayor's signature of said agreement, the City C
further authorized and directed to forward copies of said agreement to 1
R. Bras, Vice President/Regional Manager, Leedshill -Herkenhoff, Incorpo
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10223 Barnes Canyon Road, Suite A210, San Diego, California 92121 an
Engineering Department for their files.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac
Council held on the mhday of January , 1992 by the following
to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaar
NOES : None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk \