HomeMy WebLinkAbout1997-11-18; City Council; 14428; APPROVAL OF CEQA COMPLIANCE AND CONSULTANT AGREEMENT FOR THE DESIGN OF VARIOUS CITYWIDE SIDEWALK PROGRAM PROJECTS - PROJECT NO. 3560&<
&Y OF CARLSBAD - AGENDRILL x. 4, i&
,\. /
AB# J q~ yg I TITLE: APPROVAL OF CEQA COMPLIANCE AND
CONSULTANT AGREEMENT FOR THE DESIGN OF I L 1 MTG. 1 1 /I 8/97 I VARIOUS CITYWIDE SIDEWALK PROGRAM PROJECTS ClTYATT’ I PROJECT NO. 3560 I DEPT. PW I CITY MGR
I I I
Q g M; a. a 4
z 0 F 0
1 a
RECOMMENDED ACTION:
Adopt Resolution No. 9 3 -6 7 7 approving CEQA compliance and a consultant agreeme
Berryman & Henigar, Inc., for the design of various City sidewalk program projects.
ITEM EXPLANATION:
The City Sidewalk Program is an ongoing program that is improving areas throughout the Cii
scope of this specific project involves the design of improvements to three (3) separate sic
segments on four (4) separate streets. The engineering firm of Berryman & Henigar, I
recommended for design of this sidewalk project. Berryman & Henigar Inc., is one of three (3
that Staff considered and recommends to perform the engineering as a result of a Requ
Qualifications for design of sidewalk projects submitted in December 1992.
Staff recommends that the City Council approve the attached consultant agreement with Ber
& Henigar, Inc., for the design of an additional sidewalk project as described in the at
consultant agreement, Exhibit 3.
ENVIRONMENTAL:
The project is the improvement plans, project specifications, and cost estimates. Although thc
and specifications will not have impacts to the environment, the ultimate construction h;
potential of having environmental impacts. Those potential impacts have been reviewed con
with CEQA. A General Plan Consistency Determination was made on November 4, 1992, 1
entire Sidewalk Program of February 1991, and a Negative Declaration EIA 97-06 was prepa
the Planning Director and published on August 19, 1997 for this specific project.
FISCAL IMPACT:
The fee for the attached contract with Berryman & Henigar, Inc., is $79,580. The current bak
the Sidewalk Upgrade Account will provide sufficient funds.
EXHIBITS:
1. Location Map, Sites 1 and 2.
2. Location Map, Site 3.
3. Resolution No. 9 3 - d 9 9 approving a consultant agreement with Berryman & He
Inc., for the design of various City sidewalk program projects.
4. Consultant agreement for Berryman & Henigar, Inc.
~ 0 z 3 8
I
~
CITY OF OCEANSIDE
'TE w
~
2
I
NOT + TO SCALE
A REA OF
PROJECT NAME E> PROJECT
SIDEWALK UPGRADE PROGRAM 3560 NUMBER
RAW Br: SCOTT EVANS, CARLSBAD ENGINEERING DEPT.
- AR€A OF WORK
PROJECT NAME
0 0
1 RESOLUTION NO, 97-679
2
3
4
5
6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ENVIRONMENTAL COMPLIANCE, A NEGATIVE DECLARATION AND A
CONSULTANT AGREEMENT WITH BERRYMAN & HENIGAR,
INC., TO DESIGN PROJECT NO. 3560 CONSISTING OF
SEVERAL SIDEWALK SEGMENTS WITHIN THE CITY SIDEWALK
PROGRAM.
WHEREAS, the City Council of the City of Carlsbad has found this project was pre\
7 described in the General Plan Consistency Determination that was made on November 4,
for the entire City Sidewalk Program of February 1991; and 8
9 WHEREAS, the City Council of the City of Carlsbad has reviewed, analyz
lo considered the Negative Declaration EIA 97-06 that was issued on August 19, 1997
11
WHEREAS, based on the EIA Part II and comments thereon, the City Council f 12
specific project; and
13 there is no substantial evidence that the project will have a significant effect on the env
14 and hereby APPROVES the Negative Declaration EIA 97-06; and
WHEREAS, the City Council does hereby find that the Negative Declaration E
have been prepared in accordance with the requirements of the California Environment;
Act, the State Guidelines and the Environmental Protection Procedures of the City of (
and
15
16
17
18 WHEREAS, the City Council finds that the Negative Declaration EIA 97-06 w ’’ prepared and published reflects the independent judgment of the City Council of th
20 Carlsbad; and
21 WHEREAS, the City Council of the City of Carlsbad has previously appropriated
22 the design and construction of the City Sidewalk Program; and
23 WHEREAS, proposals have been solicited for the design of the projects frorr
24 engineering firms; and
WHEREAS, Berryman & Henigar, Inc., was selected as the best qualified 25
Project No. 3560 for a fee of $79,580 and that sufficient funds are currently available in t
account.
Ill
26
27
20
1
0 0
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca
2 California, as follows:
3 1. That the above recitations are true and correct.
2. That a consultant agreement with Berryman & Henigar, Inc., for the de 4
Project No. 3560 as described in the attached contract is hereby approved and the Ma:
5
City Clerk are hereby authorized and directed to execute said agreement.
6 3. Following the Mayor’s signature of the agreement, the City Clerk is
authorized and directed to forward copies of said agreement to Berryman & Henigar, Inc. 7
8l
9
10
11 I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
:he Engineering Department Planning and Design section for their files.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 18th day of November , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: kne
ATTEST: - -4
ALETHA L. RAUTENKRANZ, City Clerk
1
(SEAL)
i
e *CWV
AGREEMENT FOR
ENGINEERING SERVICES FOR PROJECT NO. 3560
THIS AGREEMENT is made and entered into as of the 18th day o
November , 193, by and between the CITY OF CARLSBAD, a municipc
corporation, hereinafter referred to as "City", and BERRYMAN & HENIGAR, INC
hereinafter referred to as "Contractor."
RECITALS
City requires the services of a professional engineering Contractor to provide tl
necessary engineering services for preparation of plans, specifications, cost estimai
and right-of-way documents; and Contractor possesses the necessary skills a1
qUalifiEitiOnS to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutl
covenants contained herein, City and Contractor agree as follows:
1. CONTRACTORS OBLIGATIONS
The scope of services to be provided are described in Exhibits 'A", "B", and '
as follows:
a Exhibit 'A" - Consisting of Tables 1, 2, and 3.
Exhibit "8" - Project Understanding and Issues, dated Sept. 26, 1997,
Pages 1 to 3.
0 Exhibit "C" -*Technical Approach, dated September 22, 1997 & Tab1
Pages 1 to 5.
rev. 812
1
1.
0 e
2. CITY OBLIGATIONS
The City shall provide:
A. Copies of all existing City reference data as researched and requested b!
Contractor.
B. Review of the plans, specifications and cost estimate for the purpose c
determining the general conformity to City Standards and Project Scope.
C. Acquisition of right-of-way after Contractor has provided the City with pla
and legal descriptions.
D. Provide R-values for Buena Vista.
E. Provide City's boilerplate specifications.
F. Handle all environmental requirements.
G. Handle all FIA agreement issues.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt
notification to proceed by the City and be completed in accordance with Exhibit "
Extensions of time may be granted if requested by the Contractor and agreed to
writing by the Project Manager, The Project Manager will give a~~owance
documented and substantiated unforeseeable and unavoidable delays not caused b
lack of foresight on the part of the Contractor, or delays caused by City inactidn or ot
agencies' lack of timely action.
.
P
2
rev. 8/21
I
1. .. - .* .-
..
1 0 0
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be in accordancl
with Exhibit "A". No other compensation for services will be allowed except those item
covered by supplemental agreements per Paragraph 8, "Changes in Work." The Cit
reserves the right to withhold a ten percent (10%) retention until the project has bee
accepted by the City.
Incremental payments, if applicable, should be made as outlined in attachf
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of time as shown on Exhibit "A". TI
contract may be extended by the City Manager for one (1) additional one (1) ye
periods or parts thereof, based upon a review of satisfactory performance and the CiQ
needs. The parties shall prepare extensions in writing indicating effective date a1
length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contrac
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the plans, specifications, c
estimate and right-of-way documents, via the City Engineer's signature on the pia
the Contractor shall deliver to the City the following items:
,.
c
3
- .-
rev. 812f
t
"
e e
A. All items as described in Table 2 of Exhibit "A".
B. Two (2) copies of all other calculations generated by the Contractor in the
completion and execution of the provisions of this contract.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or thc
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: 1
letter outlining the required changes shall be forwarded to the City by Contractor tc
inform them of the proposed changes along with a statement of estimated changes iI
charges or time schedule. A Standard Amendment to Agreement shall be prepared b
the City and approved by the City according to the procedures described in Carlsbal
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rendc
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained an
company or person, other than a bona fide employee working for the Contractor, 1
solicit or secure this agreement, and that Contractor has not paid or agreed to pay ar
company or person, other than a bona fide employee, any fee, commissio'
percentage, brokerage fee, gift, or any other consideration contingent upon, or resultir
from, the award or making of this agreement. For breach or violation of this warrant
4
rev. 8/261!
I
t.
_.
0 e
the City shall have the right to annul this agreement without liability, or, in its discretior
to deduct from the agreement price or consideration, or otherwise recover, the fu
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
10. NONUlSCRlMlNATlON CLAUSE
The Contractor shall comply with the state and federal laws regardin
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the wo
as provided for in this contract, the City Manager may terminate this contract f;
nonperformance by notifying the Contractor by certified mail of the termination of tt
Contractor. The Contractor, thereupon, has five (5) working days to deliver sa
documents owned by the City and all work in progress to the City Engineer. The C
Engineer shall make a determination of fact based upon the documents delivered
City of the percentage of work which the Contractor has performed which is usable a1
of worth to the City in having the contract completed. Based upon that finding
reported to the City Manager, the Manager shall determine the final payment of t
contract.
This agreement may be terminated by either party upon tendering thirty (I
days written notice to the other party. In the event of such suspension or terminatic
upon request of the City, the Contractor shall assemble the work product and put sal
in order for proper filing and closing and deliver said product to Ci,ty. In the eveni
termination, the Contractir shall be paid for work performed to the termination dz
rev. 8/26
5
\
1.
5.
..
0 0
however, the total shall not exceed the lump sum fee payable under paragraph 4, Thc
City Manager shall make the final determination as to the portions of tasks completec
and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under thi
agreement, the following procedure shall be used to resolve any question of fact c
interpretation not otherwise settled by agreement between parties. Such questions,
they become identified as a part of a dispute among persons operating under tt
provisions of this contract, shall be reduced to writing by the principal of the Contract(
or the City Engineer. A copy of such documented dispute shall be forwarded to bo
parties involved along with recommended methods of resolution which would be
benefit to both parties. The City Engineer 0-r principal receiving the letter shall reply
the letter along with a recommended method of resolution within ten (10) days. If tt
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining tl
dispute shall be forwarded to the City Council for their resolution through the Office
the City Manager. The City Council may then opt to consider the directed solution
the problem. In such cases, the action of the City Council shall be binding upon t
parties involved, although nothing in this procedure shall prohibit the parties seeki
remedies available to them at law.
.
P
6
rev. 8126
\
s. .* -. ..
..-
0 0
13. CLAIMS AND LAWSUITS
Jhe Gontractor agrees that any contract claim submitted to the City must bt
asserted as part of the contract process as set forth in this agreement and not il
anticipation of litigation or in conjunction with litigation. The Contractor acknowledge
that if a false claim is submitted to the City, it may be considered fraud and th
Contractor may be subject to criminal prosecution. The Contractor acknowledges thi
California Government Code sections 12650 et sea., the False Claims Act, provides fc
civil penalties where a person knowingly submits a false daim to a public entity. The3
provisions include false claims made with deliberate ignorance of the false informatic
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see
to recover penalties pursuant to the False Claims Act, it is entitled to recover
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing
a false claim may subject the Contractor to an administrative debarment proceedi’
wherein the Contractor may be prevented to act as a Contractor on any public work
improvement for a period of up to five years. The Contractor acknowledges debarmc
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contrac
from the selection process. p (Initial)
The provisions of Carisbad Municipal Code sections 3.32.025, 3.32.@
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referenl G (hi
rev. 812
7
0 0
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent cal\ing
and not as an employee of the City. Contractor shall be under control of the City onl:
as to the result to be accomplished, but shall consult with the City as provided for in thc
request for proposal. The persons used by the Contractor to provide services under thi'
agreement shall not be considered employees of the City for any purposes whatsoeve]
The Contractor is an independent Contractor of the City. The payment made 1
the Contractor pursuant to the contract shall be the full and complete compensation 1
which the Contractor is entitled. The City shall not make any federal or state ti
withholdings on behalf of the Contractor or hidher employees or subcontractors. TI
City shall not be required to pay any workers' compensation insurance
unemployment contributions on behalf of the Contractor or hidher employees
subcontractors. The Contractor agrees to indemnify the City within 30 days for any t;
retirement contribution, social security, overtime payment, unemployment payment
workers' compensation payment which the City may be required to make on behalf
the Contractor or any employee or subcontractor of the Contractor for work done un
this agreement or such indemnification amount may be deducted by the City from i
balance owing to the Contractor.
9
I
8
rev. 8/21
I
..
t. ..
-.
0 0
The Contractor shall be aware of the requirements of the Immigration Reforn
and Control Act of 1986 and shall comply with those requirements, including, but no
limited to, verifying the eligibility for employment of all agenk, empldyee!
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to F
applicable requirements of law: federal, state and local. Contractor shall provide ;
necessary supporting documents, to be filed with any agencies whose approval
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 here
required are the property of the City, whether the work for which they are made I
executed or not. In the event this contract is terminated, all documents, plar
specifications, drawings, reports, and studies shall be delivered forthwith to the Cit
Contractor shall have the right to make one (1) copy of the plans for hidher records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the ws
pursuant to this contract shall be vested in City and hereby agrees to relinquish
claims to such copyrights in favor of City.
.
.
rev. 812f
9
\
1. .. ..
...
0 0
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carisbad and it!
officers, officials, employees and volunteers from and against all claims, damages
losses and expenses including attorney fees arising out of the performance of the wor
described herein caused in whole or in part by any willful misconduct or negligent act c
omission of the Contractor, any subcontractor, anyone directly or indirectly employed t(
any of them or anyone for whose acts any of them may be liable, except where caw
by the active negligence, sole negligence, or willful misconduct of the City of Carisbad.
Contractor shall at its own expense, upon written request by the City, defend ar
such suit or action brought against the City, its officers, officials, employees ar
volunteers. Contractors indemnification of City shall not be limited by any prior
subsequent declaration by the Contractor.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any moni
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under t
contract by the Contractor, Contractor shall be fully responsible to the City for the a
and omissions of Contractor's subcontractor and of the persons either directly
indirectly employed by the subcontractor, as Contractor is for the acts and omission:
persons directly employed by Contractor. Nothing contained in, this contract s
create any contractual relationship between any subcontractor of Contractor and
rev. 812t
10
I
.-
1. -. - .*
5.
0 a
City. The Contractor shall bind every subcontractor and every subcontractor of
subcontractor by the terms of this contract applicable to Contractor's work unles
specifically noted to the contrary in the subcontract in question approved in writing b
the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City
negotiate, make, accept, or approve, or take part in negotiating, making, accepting,
approving of this agreement, shall become directly or indirectly interested personally
this contract or in any part thereof. No officer or employee of the City who is authorizl
in such capacity and on behalf of the City to exercise any executive, supervisory,
similar functions in connection with the performance of this contract shall becol
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of
City, either before, during or after the execution of this contract, shall affect or moc
any of the terms or obligations herein contained nor entitle the Contractor to
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement,'
terms, conditions, and provisions hereof shall inure to and shall bind each of the pa
hereto, and each of their respective heirs, executors, administrators, successors,
assigns. *
11
rev. 812
,.
1. .*
"
0 a
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writte
above .
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and tl
City’s conflict of interest code, that the Contractor will not be required to file a conflict
interest statement as a requirement of this agreement. However, Contractor here
acknowledges that Contractor has the legal responsibility for complying with 1
Political Reform Act and nothing in this agreement releases Contractor from t
responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and i
and all amendments insurance against claims for injuries to persons or damage
property which may arise out of or in connection with performance of the w
hereunder by the Contractor, his agents, representatives, employees or subcontract
Said insurance shall be obtained from an insurance carrier admitted and authorize
do business in the State of California. The insurance carrier is required to ha\
current Best’s Key Rating of not less than “A-:V” and shall meet the City’s policl
insurance as stated in Resolution No. 91403.
.
*
12
rev. 81:
I. -. .*
...
0 0
A. Coveraaes and Limits.
Conhctor shall maintain the types of coverages and minimum limit:
indicated herein, unless a lower amount is approved by the City Attorney or Cit
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combinel
single-limit per occurrence for bodily injury, personal injury and property damage. If th
submitted policies contain aggregate limits, general aggregate limits shall app
separately to the work under this contract or the general aggregate shall be twice tt
required per occurrence limit,
2. Automobile Liability (if the use of an automobile is involved f
Contractor's work for the City). $1,000,000 combined singlelimit per accident for bod
injury and property damage.
3. Workers' Compensation and Employer's Liability. Worke
Compensation limits as required by the Labor Code of the State of California a
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liabilrty appropriate
the contractor's profession with limits of not less than $1,000,000 per claim. Cover:
shall be maintained for a period of five years following the date of completion of
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance, required under
agreement contain, or are endorsed to contain, the following provisions.
rev. 8/21
13
\
1. 1
...
.? a 0
1. The City shall be named as an additional insured on all policic
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the Ci
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excludi
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement a
any extension thereof and shall not be canceled without 30 days prior written notice
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance covera!
required herein, then the City will have the option to declare the Contractor in breach
may purchase replacement insurance or pay the premiums that are due on exis:
policies in order that the required coverages may be maintained. The Contract0
responsible for any payments made by the City to obtain or maintain such insura
and the City may collect the same from the Contractor or deduct the amount paid 1
any sums due the Contractor under this agreement.
9
rev. 81
14
,-
1.
-.
0 0
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title
Name
Address
For Contractor:
~~
Title Senicr Vice ?resident
Name Ke:th Gillfiliar,
Address 3erryn;an 2: Eecigar, i159O 11;. ?.err
Coart, Suite iG0. SE, C2. 02127-1
R.C.E. License Number:
R.C.E. License Number:
38434
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for ti
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to
contemplated herein, embody the entire agreement and understanding between t
parties relating to the subject matter hereof. Neither this agreement nor any provis'
rev. 812( 15
a 0
hereof may be amended, modified, waived or discharged except by an instrument
writing executed by the party against which enforcement of such amendment, waiver
discharge is sought.
Executed by Contractor this lgth
CONTRACTOR:
BERRYMAN & HENIGAR, INC.
By: ' (sign here) 1
led4 C&&,)h& (print name/title)
By: W2wI 9 &S.LIo*- (sign hdre)
n4 +cy 7- 4enr,,.J; jcc,-c-&./g
(print'namehitler '
-
day Of November 9 19qL
ATTEST:.
City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
officer signs, the corporation must attach a resolution certified by the secretary or assistant secrt
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
rev. 812
16
. CALIFORNIA ALL-PU &E ACKNOWLEDGMENT e
State of mia
County of San Diego
On Octobex 8. 1997 before me, Kristine P. DuMoulin. Notan Public Dale Name and TmS d Omcar (e.&. 'Jam Doe. Nolaq PuMq
personally appeared Keith GiUfi! 1 an and Mary J. Berrvman
24 personally known to me - OR - C proved to me on the basis of satisfactory evidence to be the persor
whose name(s) idare subscribed to the within instrum
and acknowledged to me that he/she/they executed
same in hishedtheir authorized capacity(ies), and tha
hishedtheir signature(s) on the instrument the person
or the entity upon behalf of which the person(s) acl
executed the instrument.
WITNESS my hand and official seal.
Name(s) d Sgner(s)
I gg&&y& @amad -Or"
OPTIONAL
Thwgh the information below is not required by law, it may prove valuable to persons relyrng on lhe document and couM pre
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: mt for mqjaeerinu Services for Project No. 3561
Document Date: Wobr 8. 1997 Number of Pages: 25
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Keith GilJ.fiUan 1 Signer's Name: -
CI Individual
0 Corporate Officer
Title(s):
0 Partner - c1 United 0 General
C Attorney-in-F& C Trustee-
cl Guardian or Conservator -
fl Other: senior rurnb here 1
Vice-President
I I
Signer Is Representing: I I
Berryman & Henigar, Inc.
I I -
Individual
ffi Corporate Officer
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
Ttle(s): Secretarv
I
El Trustee m 5 Guardian or Conservator
3 Other: wz
I
Signer Is Representing: I
Berryman & Henigar, kc. L
Q1940Nat~alNotery~labon.8236RemmetAve..PO BOX7184'CanogaP~.CA91~71~ Prod. Nc. 5907 Rewder Call T@
d EXHIBIT "A"
- Table 1 through Table 3 define the C lancheck Milestones, the timing and requirem a, ts of each submission, and
the fee allocation per submittal milestone.
I td
TABLE 2. REQUIREMENTS OF SUBMISSIONS
MILESTONES
ready for City corrections and plancheck with corrections and on base sheets for each
0 Photo or il Full Bid-ready plans with Full and cornDlete plans Preliminary sidewalk layout PLANS
l( 90% 70% 30%
project per Scopa of Work. plancheck set 1. set 2. signature.
0 11 Copies 0 11 Copiea 0 11 copies 0 11 Copies
SPECIFICATIONS - led final drpff of entire sat first rouah draft of entire bdex and outlinq of all
NOTE: foilwng: of witicationq set of mitications categories for-
rmsmnc signature.
1) Green Book fofmat
0 SpeCialP 0 Same as 100%. 0 11 Copies 0 11 copies used throughout n
0 M.S. WW~
..
document for each excepting M.S. Word
.) UM M.S. Word
format throughout.
se Excel fomut.
I
1.
Ic\cMRmOflt~Ulmeof3Ub XIS Upc
0 SIDEWALK PROJECT NO.
September 26, 1997 W0
EXHIBIT “B”
The sidewalk project consists of three separate locations where construction of sidewalks
are being proposed. The three locations are as follows:
- Location Side Length StreeVSidewalk Segment
(feet)
Both 1320 rt Pi0 Pic0 Dr. to Highland Dr. 1. Buena Vista Ave.
Stre
NofthfV 200 i At Northwest comer of the intersection of 2. Basswood Ave./
,3. Alga Road Corte Casitas to Cazadero 1320* South/€
Donna Drive Basswood Ave. and Donna Dr.
Description of work for these three locations is as follows:
Buena Vista Avenue
0
0
0
e
e
0
0
0
A community out-reach program to assess the public’s desire in this area.
Widen Buena Vista Avenue to full width (40 feet curb to curb) on both sides within
the ultimate 60 foot right-of-way.
Add pavement, curb, gutter, and sidewalk to both sides. Add Bn A.C. overlay to the
existing pavement.
Consider storm water flow and storm drain requirements.
Obstacles include mature trees, landscaping, hardscaping (including 28 existing
driveways) and fences.
Utility relocation’s, power poles, etc.
Right-of-way issues, total 32 parcels, right-of-way required for 19 parcels.
Add two pedestrian ramps at west end.
Basswood Avenuaonna Drive
0 Add sidewalk, existing curb and gutter.
Add Pedestrian Ramp.
0 Obstacles include mature trees, sign, hardscape and mailbox.
0 Utility relocation, power pole.
No additional right-of-way required.
Alga Road
0 Add sidewalk on the SouthEast side, existing curb and gutter.
0 Add retaining walls where required.
0 Obstacles include trees and bushes, City to relocate trees.
*
. K\civil\monte\sidewak.doc 1
..
0 SIDEWALK PROJECT NO.
September 26,1997 a*
EXHIBIT “B”
Utility relocation, street lights, electric meter and air release valve.
0 No additional right-of-way required.
For purposes of this proposal the following assumptions are being made:
Buena Vista Avenue
Drainage
1. A local hydrology study will be performed.
2. Drainage from the east crossing Highland Drive will be handled by a cross gutter.
3. Drainage will be conveyed in the widened street.
4. Existing inlet at the north east curb return at Pi0 Pic0 Drive will be relocated to
5. If it is determined a storm drain system is necessary, it will be considered as a change
provide for pedestrian ramp.
in the Scope of Work.
Private Landscape and Irrigation Improvements
1. Private landscape (plant materials) modifications as a result of the street widening will
be handled by notes on the plans and specifications that the Contractor is responsible
for replacement as determined in the field.. The irrigation modifications will also be
handled by similar notes on the plans and specifications.
2. Existing hardscape improvements will be removed within the proposed right-of-way.
The remaining portion of the existing hardscape improvements will be terminated and
joined by like kind structure at proposed R/W line, such as a low planter wall, curb,
sidewalk, driveway, sawcut slab or walk, graded slope, etc. Providing additional
planters, slabs or walks, etc. on private property as a result of right-of-way
negotiations is considered not in the Scope of Work
considered not in the Scope of Work.
3. Replacement trees will be considered private and irrigation systems for these trees is
Utilities
If required, utility adjustments and relocations will be shown on the plans. However,
design of utility modification has not been included within the scope of this proposal.
Right-of-Wav
Plans and legaI descriptions will be prepared based on individual vesting deeds for each
parcel that involves right-of-way as a result of the street widening. Providing an overall
RfW map or title reports are not included in the Scope of Work. .
Geotechnical Services
Geotechnical services will not be provided: p
1. R-value will be provided by City of Carlsbad
- K\civilbnonte\sidewalk.doc 2
SIDEWALK PROJECT NO.
September 26,1997 3oo
EXHIBIT “B”
2. City of Carlsbad Street Design Criteria, Table “A” will be used to provide a Traffic
index (TI) for Buena Vista Avenue.
3. Structural section for widening and overlay thickness will be determined from these
values and City standards..
Basswood Avenuemonna Drive
Landscape
Private landscape and irrigation modification as a result of the sidewalk improvement will be handled in the same manner as specified for Buena Vista Avenue.
Alga Road
Geotechnical Service
Since the Alga Road Project consists only of sidewalk construction and some retaining
walls 1.5 to 2.5 feet high, it is not expected that geotechnical services are needed.
However there is one area of concern several hundred feet north of Corte Casitas. In the
area there is an ascending slope about 25 to 30 feet high with a mid-height bench. The
slope angle is about 1 %: 1 (horizontal : vertical) and there are homes at the top of the
slope. A shallow slump, six to eight feet wide was observed on the slope below the bench.
There was a vertical offset of 8 to 10 inches. There was also evidence of rodent activity.
The construction of the sidewalk is not expected to influence the stability of the slope but
it may be desirable to evaluate the stability of this slope before the sidewalk is constructed
In this regard, the Scope of Work will include this Scope of Services.
.
#
\
- K\civilmntek.idewalk.doc 3
..
SIDEWALK PROJECT NO. a0
September 26,1997
EXHIBIT “C”
Berryman & Henigar’s technical approach is to prepare plans, specifications and cost
estimates for each location. Each location will have a stand alone P.S. & E. construction
package for maximum flexibility and will be considered as a separate sidewalk project.
The Buena Vista Avenue project is more involved since there is right-of-way required,
street widening and a sensitivity for community participation in order to provide sidewalks
on both sides of the street. The other two projects, Basswood AvenueDonna Drive and
Alga Road will not be as involved since there is existing curb and gutter and there is
adequate right-of way for the proposed sidewalk.
To achieve the above goal, we propose approaching each project in two phases.
PHASE I - Preliminary Plans and Consensus Building
Purpose: To prepare a preliminary plan of the desired sidewalk improvements and reach
consensus on the extent of the improvements. This will be very important for the Buena
Vista Avenue project since the City desires to solicit input from the community in an
interactive process.
PHASE II - Final Plans, Specifications and Estimates
Purpose: Proceed with the preparation of final plans upon acceptance of the preliminary
plans for each project by the City and by the Community when required.
The Scope of Services with deliverables, schedule and fee to provide each phase are
presented in Tables #1, #2, and #3 on the following pages.
v
$
- K\civllbnonte\sidewlk-table.doc - Page i
.. .
0 EXHIBIT "C" 0
TABLE 1
SIDEWALK PROJECT NO. 3560
SCOPE OF SERVICES
September 26,1997
PEASE I - PRELIMINARY PLATYS (30%) AND CONSENSUS BUILDING
I 'KK I TASK DESCRIPTION 1 DELIVERABLE!
I 1.1.1 Monthly ProgressRepon
The B&H Project Manager will coordinate and facilitate no less than monthly
- Monthly Status Letter
Action Items flexible and may occur more often depending upon the level of activity
- Meeting Mtnutes & progress meetings between the City and Consulting Team. Meeting times are - Meeting Agendas
n I I ~~~~
1.1.2 Project Scheduling
The Project Schedule will be updated on a monthly basis. -r - Hard copy plot of Proje
Schedule - Monthly Update of cur
activities only (8 1/2" x
1.2.1 Base Mapping - Base map generated u
Consultant will prepare a base map from field nweys. The base map will be AutoCAD format, at (1
prepared in an AutoCADD environment at a scale (1"=20'). The map will consi
of the compilation of survey cross sections, and DTh4 (digital terrain modeling). The base mapping will reflect contours and planimetric features. -1 I I " - I
~~
1.2.2 Rigbt-of-Way Delineation
reflecting existing righi B&H will generate an existing right-of-way plot from record information and
- Composite top0 base I
and utilities merge the right-of-way file with the base map developed in the above task
I
1.2.3 Utility Verification
a) Each of the identified utility companies will be notified of the proposed improvements. The notification letter reports all current
and pertinent information relevant to their respective utilities.
b) B&H will plot existing utilities wihn the public right-of-way.
r I 1.2.4 Supplemental Surveying (Buena Vista Avenue only)
that may imuact private improvements.
file and plot of survey We have budgeted half (1/2) days of field survey time to tie-in pertinent features
- Field wey notes, el
.
k:\CivilL\lontePioPico.doc Page 2
,.
e TABLE 1 0
(CONTINUED)
c_=
1.3.1 Hydrology Study
Consultant will review City's Drainage Master Plan and prepare a local hydrolo four (4) copies
study to determine ifwidened street can handle drainage and the affect of the
drainage at the DrODoSed relocated inlet at Pi0 Pic0 Drive. f Preliminary Hydrology
I I ..
1.3.2 Drainage Impacts EIO Highland Drive
Consultant will review drainage east of Highland Drive as it impacts the Buena
Vista Avenue imorovements. and provide a cross Rutter. n I - I B I 1.3.3 Drainage Impact at Pi0 Pic0 Drive I
Codtant will evaluate the proposed relocation of the existing inlet at the no
(For Buena Vista Avenue Only) ~ . drawings at an approxir
a) Prepare two alternative street concept plans.
a
.. i completion level
First Altanativ~ - Standard Width, 40 feet Cub to curt, Second Altcmative - Narrower width, eliminating on street parking on one side Alternatives beyond the two stated above will be considered a change in the
of work
b) Utilizing the previously prepared base mapping, Consultant will layout
proposed street improvements on City standard plan and profile sheets.
Layout will consist of:
Horizontal configuration of meet widening, including curb and gutter
sidewalk 1.
I I. Preliminary vertical profile of proposed curbs I . Preliminary horizontal and vertical configuration of driveways in wide
areas
Identification of conflicts with utilities and private improvements in
widened anas. . Recommendation/modifcation to private improvements i
(For Basswood AvenueIDonna Drive and Alga Road)
proposed sidcwdk improvements on City standard plan view only she . C) Utilizing the previously prepared base mapping, Consultant will layout
Layaul-will consist of: b I 0 HoritonElll configuration of sidewalk improvements.
0 IdcntSdon of conflicts with utilities and private improvements withi
sidcwalk area. .I
e Rmmmendation/modification to utilities and private improvements
1.4.2 Preliminary Specifications - Speclal provision ou
" . prepare outline of all categories for special provisions for each project.
1.43 Preliminary Probable Construction Cos! Estimates - Estimates, in Excel
MS Word format
I
k\CivilL\ionte\PioPico.doc
t
Page 3
TABLE I 0
(CONTINUED)
TASK DESCRIPTION
1.5.1 Evaluate the Stability of Existing Slope as Stated in
a) Review available plans, reports, or photographs regarding this slope.
b) Drill one boring to a depth of 15 to 20 feet with portable equipment n
“Project Understanding and Issues’’ 6r Alga Road 1 - Four (4) copies of rep
the mid-height of the slope. Obtain relatively undisturbed samples whil dnlling.
engineering properties. The tests will include unit weight, moisture content, and shear strength.
c) Perfom laboratory tests on selected samples to determine their
1.6.1 Progress Meeting With Staff Consultant will present the preliminary plans, outline of Special Provisions & Scoping Estimate.
1.6.2 Plan Revisions & Estimate a) Consultant will revise the preliminary plans and estimates based on City sraE review and input.
- Wrim documcntatio
& Concerns
-Eleven(ll)setsofful
pnlimnwy P.S. & E.
B I I I
1.6.3 Presentation to Comnunity (Buena Vista Avenue Only) - Presentation graphics
a) Consultant will provide support materials, and colored graphicdexhibi enhanced
b) Consultant will attend one community out reach meeting to assist City proposed improvement - Auto CADD drawing i to assist City staff with a consensus building if required.
Stali.
Following City approval, Consultant will provide a similar level of management - Sirmlar to Phase I
and coordination as described for Phase I, but for Phase II
2.2.1 Utility Relocation
Consultant will coordinate with utility companies throughout the development o
find plans to ensun relocation of their utilities occurs in a timely fashion with
proposed street improvements. . t .
r
k;\.CivilUIonte~ioPico.doc
,.
Page 4
0 *
TABLE 1
PHASE I1 - FINAL PS&E / o-T\ ,is tzs
i
:'PI \\i; 9 p a)
... -I - I1 T::K I ~~~ ~ ~ ~~ ~
TASK DESCRIPTION I DELIVERABLES
I ~~ r ~~~ I Based upon comments received from Phase I, the preliminary drainage analysis - Final hydrology repon will be revised and submitted for fmal approval.
r- 2.3.1 Right-of-way Plats and Legal Description a) Consultant will prepare plats and legal descriptions for 19 parcels
~~ ~~
affected by the street widening.
- 19 - 81D X 11 plats with
accompanying description
the street widening
2.5.1 Final Plans
Consultant will revise the preliminary plans e30%) based upon input and
comments received during Phase I and produce a final set of bid documents for
each sidewalk project. Progress submittals will be revised based upon
comments from each submittal. Plans will include:
Title Sheet
Typical street section and detail sheet
3 street plan & profile sheets (Bucna Vista Ave.)
1 sidewalk plan sheet, plan view only (Basswood AVeJDoMa Dr.)
2 sidewalk plan sheets, stacked plan view only (Alga Rd.)
Private improvement details (Buena Vista Ave.)
- Plan submittals at
70%
90%
100% - Eleven (1 1) copies each
submittal
, - Standard reference draw
~ andlor utility company dr - Photo or ink mylar read:
City Engineers signature :
1 W/o submittal I I - Drafl and final specifica
b) An opinion of probable construction cost will be provided for each
project witb an accuracy of * 100/. - At 100% Submittal MS
disk, Specifications Exce
k:\Civil\Montc\PioPico.doc
I
.
Page 5 -
$