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HomeMy WebLinkAbout1998-01-13; City Council; 14517; APPROVAL OF CONSULTANT AGREEMENT FOR THE UPDATED DESIGN OF PALOMAR AIRPORT ROAD EAST AND THE ACCESS ROAD THROUGH COUNTY PROPERTY LEASED TO COAST WASTE MANAGEMENT PROJECT NOS. 3602 AND 3603TITLE: APPROVAL OF CONSULTANT AGREEMENT FOR THE UPDATED DESIGN OF PALOMAR AIRPORT ROAD MTG. 1/13/98 EAST AND THE ACCESS ROAD THROUGH COUNTY PROPERTY LEASED TO COAST WASTE MANAGEMENT PROJECT NOS. 3602 AND 3603 I $3 0 & cz la 9 z 0 F 2 4 z 3 0 e, i3 RECOMMENDED ACTION: Adopt Resolution No. ~f"~s approving a consultant agreement with P&D Consult: IncKonsoer Townsend Envirodyne Engineers (P&D/CTE), for (1) updating existing plans for widening of the south side of Palomar Airport Road from El Camino Real to 1720 feet eas El Fuerte and (2) the design of an access road through County of San Diego property leasec Coast Waste Management from El Camino Real to Faraday Drive and authorize an appropria from GCC fund in the amount of $325,000 to be reimbursed by the County and TransNet revenue ITEM EXPLANATION: The widening of Palomar Airport Road from El Camino Real easterly is necessary to accommod the increase in traffic. Currently, the south side of El Camino Real in this area has two traffic la and a bike lane. An additional traffic lane is necessary to maintain an acceptable level of sew This project will widen Palomar Airport Road to full arterial standards except for sidewalks and st1 lights on the south side. It is being identified as Project No. 3602. The access road was included in the settlement agreement amongst the City of Carlsbad, County of San Diego and Coast Waste Management dated August 8, 1997. This project, identi as Project No. 3603, also includes modifications to the intersection at Faraday and El Camino F to provide two left turn lanes west bound on Faraday to south bound on El Camino Real, through lane and one right turn lane. In addition, the project also includes a deceleration lane north bound El Camino Real for a right hand turn to the access road. These two projects, No's. 3602 and 3603 were combined since they are in the same area because the City expects to get better construction bids due to the economy of scale. The costs be kept separate for purposes of cost allocation. The agreement with the County include reimbursement to the City in an amount up 20 $500,000 for Project 3603. The Engineering firm of P&D Technologies prepared the initial plans for Palomar Airport Road. - firm recently became a subsidiary of Consoer Townsend Envirodyne Engineers and has chan their name to P&D/CTE which has submitted a proposal to update the plans and design the acc road. As the original designer, this firm is uniquely qualified to update the plans. If another firm 1 selected, they would have to review the entire set of plans resulting in delay and increased de: costs. The proposal of P&D/CTE apportioned the cost of the design associated with each of the projects. Staff recommends that the City Council approve the attached consultant agreement with P&DI Exhibit 3. for the design of both Project No. 3602 and 3603 as described in the attached consultant agreer ENVIRONMENTAL: This portion of the project involves completing the improvement plans, project specifications, cost estimates. Although the plans and specifications will not have impacts to the environmen. ultimate construction has the potential of having environmental impacts. The Planning Commir on June 5, 1991 adopted Resolution No. 3225 approving a Mitigated Negative Declaration fc widening of Palomar Airport Road in the same area as Project 3602. The original environm studies included the area of work and no new conditions have surfaced. Staff review of 1 documents shows that there have been no changes to the scope of the environmental impac Palomar Airport Road, the site or to the circumstances considered previously that would re subsequent or supplemental environmental review. Therefore, Project No. 3602 is in compliance. Page 2 of Agenda Bill No. e,+7? 0 The access road through Coast Waste Management, identified as Project No. 3603 has not prior environmental review and, therefore, has been split into two phases. The first phase include planning studies and preparation of environmental documents by P&D/CTE. U completion of the first phase, Staff will return to Council for environmental clearance prio proceeding with phase two (preparation of the final plans, specifications and cost estimate). FISCAL IMPACT: The fee for the attached contract with P&D/CTE is $233,342. The cost of design for Project 3602 and Project No. 3603 is $108,890 and $124,452 respectively. Staff costs plus possible cha orders are estimated at $71,000 and $80,658 for Project No. 3602 and Project No. 3 respectively. The total cost is, therefore, $385,000 which is apportioned to Project No. 360: $180,000 and Project No. 3603 at $205,000. The Capital improvement Program has allocated $610,000 in TransneULocal funds for Project 3602 ($60,000 in 1997-98 and $550,000 in 1998-99) of which $60,000 is currently in the Regic Transportation Improvement Program (RTIP). Staff will request SANDAG to add the remair $550,000 to the 1998-99 program. The County will reimburse the City for up to $500,000 for construction costs of Project No. 36 No mention of design cost was included in the settlement agreement. Staff is requesting that an appropriation of $325,000 ($385,000 less $60,000 currently in the R from the General Capital Construction (GCC) Fund in order to complete the design of these projects. After SANDAG approves the $550,000 for 1998-99, these funds will be used to reimbl the GCC Fund for Project No. 3602. EXHIBITS: 1. Location Maps. 2. Resolution No. ’%?- 15 approving a consultant agreement with P&D/CTE. 3. Consultant agreement for P&D/CTE. I.; LOCATION MAP CITY OF OCEINSIOE SI SHEET 7 OF 2 PROJECT NAME EXHl PROJECT PALOMAR AIRPORT ROAD EAST WIDENING NUMBER 3602 I DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. w - LOCATION MAP em OF OEEINSIOE SHEET 2 OF 2 PROJECT NAME ACCESS ROAD PROJECT EXH THROUGH COAST WASTE MANAGEMENT 360-3 NUMBER -. RAW BY: SCOTT EVANS, CARLSM ENWNE~IN i . 0 0 1 2 3 4 5 6 RESOLUTION NO. 98-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ENVIRONMENTAL COMPLIANCE, A CONSULTANT AGREEMENT WITH P&D CONSULTANTS INCKONSOER TOWNSEND ENVIRODYNE ENGINEERS TO UPDATE THE DESIGN OF PALOMAR AIRPORT ROAD EAST, PROJECT NO. 3602, AND TO DESIGN AN ACCESS ROAD THROUGH THE COAST WASTE MANAGEMENT TRANSFER STATION AREA, PROJECT NO. 3603 WHEREAS, the Planning Commission of the City of Carlsbad adopted Resolution No 7 3225 on June 5, 1991 approving a Mitigated Negative Declaration for the widening of Palom: Airport Road in the same area as proposed by Project No. 3602; and 8 9 WHEREAS, based on the EIA Part II, comments thereon, and that there have not lo circumstances considered in the original determination, the City Council finds that there i 11 any changes to the scope of the Palomar Airport Road environmental studies, the sitt 12 substantial evidence that Project No. 3602 will have a significant effect on the environment; a 13 WHEREAS, the City Council does hereby find that the Mitigated Negative Declar’ 14 approved by Planning Commission Resolution No. 3225 has been prepared in accordance the requirements of the California Environmental Quality Act (CEQA), the State Guidelines the Environmental Protection Procedures of the City of Carlsbad; and 15 16 WHEREAS, the first phase of Project No. 3603 is for the purpose of gathering dat; environmental analysis pursuant to CEQA and consideration of alternatives for future actic the City Council; and 17 18 19 20 3603 must occur before the second phase (design) of the project can occur; and WHEREAS, City Council review and approval of environmental documents for Projec 21 WHEREAS, the City Council of the City of Carlsbad has previously appropriated a PO 22 of the funds required for this project in the Capital Improvement Program; and 23 WHEREAS, proposals were solicited for the design of this project from a qua 24 engineering firms; and WHEREAS, P&D Consultants Inc.1Consoer Townsend Envirodyne Engineers (P&Dl( was selected as uniquely qualified to design Project No’s. 3602 and 3603 for a fee of $233, 25 26 and 111 Ill 27 28 0 e 1 WHEREAS, the County of San Diego has agreed to reimburse the City for the CI 2 construction of Project No. 3603 up to $500,000. 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl California, as follows: 4 1. That the above recitations are true and correct. 2. That a consultant agreement with P&D Consultants Inc./Consoer Tow1 Envirodyne Engineers (P&D/CTE), for the design of Project No’s. 3602 and 3603 as descrit the attached contract is hereby approved and the Mayor and City Clerk are hereby authc 5 6 7 a and directed to execute said agreement. 9 3. Following the Mayor‘s signature of the agreement, the City Clerk is fi 10 Design section for their files. 12 Townsend Envirodyne Engineers (P&D/CTE), and to the Engineering Department Plannin! 11 authorized and directed to forward copies of said agreement to P&D Consultants Inc./Co 13 4. That the Finance Director is authorized to appropriate an amount of $32 from the General Capital Construction Fund for Project No’s 3602 and 3603 of which $120,( allocated to Project No. 3602 and $205,000 is allocated to Project No. 3603. 14 15 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc l6 I I held on the 13th day of January , 1998 by the following vote, to wit: l7 ll AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall l8 /I NOES: None 19 20 21 22 23 ATTEST: 24 25 ALETHA L. RAUTENKRANZ, City Clerk \ 26 (SEAL) 27 II 28 0 0 b ,,"SP g 3 $5- X~ g-; <; $< ?$ -7 - AGREEMENT FOR ENGINEERING SERVICES FOR PROJECT NO'S. 3602 and 3603 THIS AGREEMENT . is made and entered into as of the )Lf'l" day 0' ' aNI( figq , 19 - Sd,' by and between ,the CITY ,OF CARLSBAD, a municipa .. corporation, hereinafter referred to as nCityn, and P&D CONSULTANT5 INCKONSOER TOWNSEND ENVIRODYNE ENGINEERS, hereinafter referred to as "Contractor." RECITALS City requires the services of a professional engineeong Contractor to provide tht necessary engineering services for preparation of plans, specifications and cos estimate; and Contractor possesses the necessary skills and qualifications to providc the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenant: contained herein, City and Contractor agree as follows: I. CONTRACTOR'S OBLIGATIONS The scope of services to be provided are described in Exhibits "A" and "B" a: follows: 0 Exhibit "A - Consisting of Tables 1,2, and 3. 0 Exhibit "By' - Scope of Services consisting of 8 pages 2. CITY OBLIGATIONS 1 rev. 81261s -0 0 I The City shall provide: A. Copies of all existing City reference data as researched and requested Contractor. B. Review of the plans, specifications and cost estimate for the purpose determining the general conformity to City Standards and Project Scope. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt notification to proceed by the City and be completed in accordance with Exhibit "P Extensions of time may be granted if requested by the Contractor and agreed to writing by the City Engineer. The City Engineer will give allowance for documented ar substantiated unforeseeable and unavoidable delays not caused by a lack of faresig on the part of the Contractor, or delays caused by City inaction or other agencies' lac of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall not excee $233,342.00. 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 beel accepted by the City. Incremental payments, if applicable, should be made as outlined in attachel Exhibit "A." 5. DURATION OF CONTRACT rev. 8/26/91 2 0 0 " This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for one (1) additional one '(1) year periods or parts thereof, based upon a review of satisfactory performance and the City's needs. The parties shall prepare extensions in writing indicating effective date and length of the- extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within five (5) days of completion and approval of the plans, specifications, cos1 estimate and right-of-way documents, via the City Engineer's signature on the plans, the Contractor shall deliver to the City the following items: A. All items as described in Table 2 of Exhibit "A". B. Two (2) copies of all other documents and 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 the 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: P letter outlining the required changes shall be fowarded to the City by Contractor tc inform them of the proposed changes along with a statement of estimated changes ir rev. 8/26/96 3 0 " 0 charges or time schedule. A Standard Amendment to Agreement shall be prepared I the City and approved by the City according to the procedures described in Carlsbi Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rend ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained ar company or person, other than a bona fide employee working for the Contractor, < 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, commissiol percentage, brokerage fee, gift, or any other consideration contingent upon, or resultin from, the award or making of this agreement. For breach or violation of this warrant the City shall have the right to annul this agreement without liability, or, in its discretiot to deduct from the agreement price or consideration, or' otherwise recover, the FL amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regardin! nondiscrimination. 1 I: TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the wor as provided for in this contract, the City Manager may terminate this contract fc nonperformance by notifying the Contractor by certified mail of the termination of thc Contractor. The Contractor, thereupon, has five (5) working days to deliver saic rev. 8/26/9( 4 0 0 documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the 'final payment of the contract. 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 Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event 01 termination, the Contractor 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 Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 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 noi othewise settled by agreement between parties. Such questions, if they becomc identified as a part of a dispute among persons operating under the provisions of thi5 contract, shall be reduced to writing by the principal of the Contractor or the CiO Engineer. A copy of such documented dispute shall be fowarded to both partiea involved along with recommended methods of resolution which would be of benefit tc rev. 8/26/9t 5 e 0 both parties. The City Engineer or principal receiving the letter shall repfy to the lette along with a recommended method of resolution within ten (IO) days. If the resolutio thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute sha be forwarded to the City Council for their resolution through the Office of the Cit Manager. . The City Council may then opt to consider the directed solution to thl problem. In such cases, the action of the City Council shall be binding upon the partie involved, although nothing in this procedure shall prohibit the parties seeking remedie available to them at law. 13. CLAIMS AND LAWSUITS The contractor agrees that any contract claim submitted to the City must b asserted as part of the contract process as set forth in this agreement and not i 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 th; California Government Code sections 12650 et sea., the False Claims Act, provides fc civil penalties where a person knowingly submits a false claim to a public entity. Thes provisions include false cia'ims made with deliberate ignorance of the false informatio or in reckless disregard of the truth or falsity of information. If the City of Cartsbad seek to recover penalties pursuant to the False Claims Act, it is entitled to recover it litigation costs, including attorney's fees. The Contractor acknowledges that the filing c a false claim may subject the Contractor to an administrative debarment proceedin wherein the Contractor may be prevented to act as a Contractor on any public work c rev. 8/26/9 6 0 0 improvement for a period of up to five years. The Contractor acknowledges debarme by another jurisdiction is gro s for the City of Carlsbad to disqualify the Contract from the selection proce &Initial) The provisions. of Carisbad Municipal Code sections 3.32.025, 3.32.021 027 and 3.32.028 pertaining to false claims are incorporated hereimby reference 1) 14. STATUS OF THE CONTRACTOR 027 and 3.32.028 pertaining to false claims are incorporated hereimby reference 1) 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Cantractafs OW way as an independent Contractor and in pursuit of Contractor's independent callin! and not as an employee of the City. Contractor shall be under control of the City on1 as to the result to be accomplished, but shall consult with the City as provided for in thl . 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 whatsoever The Contractor is an independent Contractor of the City. The payment made ti the Contractor pursuant to the contract shall be the full and complete compensation tc which the Contractor is entitled. The City shall not make any federal or state tal withholdings on behalf of the Contractor or hidher employees or subcontractors. Thc City shall not be required to pay any workers' compensation insurance o unemployment contributions on behalf of the Contractor or hidher employees 01 subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax retirement contribution, social security, overtime payment, unemployment payment 01 workers' compensation payment which the City may be required to make on behalf o' rev. 8/26/96 7 0 0 -_ the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor 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 REQUIREMENT§ The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor 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 hereir required are the property of the City,. whether the work for which they are made br 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. 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 work pursuar; to this contract shall be vested in City and hereby agrees to relinquish all claims to sucl rev. 8/26/91 8 0 0 _. copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and i. officers, officials, employees and volunteers from and against all claims, damage: 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 b any of them or anyone for whose acts any of them may be liable, except where cause1 by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. Contractor shall at its own expense, upon written request by the City, defend an such suit or action brought against the Ci, its officers, officials, employees an( volunteers. Contractors indemnification of City shall not be limited by any prior c subsequent declaration by the Contractor. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monie: . 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 this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly 01 indirectly employed by the subcontractor, as Contractor is for the acts and omissions 01 persons directly employed by Contractor. Nothing contained in this contract shall rev. 8/26/96 9 0 a create any contractual relationship between any subcontractor of Contractor and tl City. The Contractor shall bind every subcontractor and every subcontractor of subcontractor by the terms of this contract applicable to Contractor's work unle. specifically noted to the contrary in the subcontract in question approved in writing I .. 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, I 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 authorize in such capacity and on behalf of the City to exercise any executive, supervisory, I similar functions in connection with the performance of this contract shall becorr 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 th City, either before, during or after the execution of this contract, shall affect or modii any of the terms or obligations herein contained nor entitle the Contractor to an additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," a terms, conditions, and provisions hereof shall inure to and shall bind each of the partie hereto, and each of their respective heirs, executors, administrators, successors, an1 rev. 8/26/9( 10 0 0 assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City's conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26, INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V" and shall meet the City's policy fol insurance as stated in Resolution No. 91403. A. Coveracles and Limits. rev. 8/26/96 11 .. 0 0 .. Contractor shall maintain the types of coverages and minimum lim indicated herein, unless a lower amount is approved by the City Attorney or C Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combine single-limit per occurrence for bodily injury, personal injury and property damage. If tt 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 fc Contractor's work for the City). $1,000,000 combined single-limit per accident for bodi injury and property damage. 3. Workers' Compensation and Employer's Liability. Worker Compensation limits as required by the Labor Code of the State of California an Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate t the contractor's profession with limits of not less than.$? ,000,000 per claim. Coverag shall be maintained for a period of five years following the date of completion of thc work. rev. 8/26/9( 12 ." 0 0 B. Additional Provisions. Contractor shall ensure that the policies of insuranc required under this agreement contain, or are endorsed to contain, the followin provisions. 1. The City shall be named as an additional insured on all policie excluding Workers' Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the Cit before commencement of work. 3. The Contractor. shall obtain occurrence coverage, excludin! Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement an( any extension thereof and shall not be canceled without 30 days prior written notice tc . the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverage5 required herein, then the City will have the option to declare the Contractor in breach, 01 may purchase replacement insurance or pay the premiums that are due on existin[ policies in order that the required coverages may be maintained. The Contractor iz responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. rev. 8/26/96 13 -. 0 e 7. 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 City Engineer Name Lloyd B. Hubbs, P.E. Address 2075 Las Palmas Drive Carisbad, CA 92009-1 576 For Contractor: Title VICE PRESIDENT Name LEWIS W. GARBER Address 1100 TOWN 6 COUNTRY RD., SUITE 301 ORANGE, CA 92868 R.C.E. License Number: R.C.E. License Number: 16150 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carisbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplatec herein, embody the entire agreement and understanding between the parties relating tc the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executec by the party against which enforcement of such amendment, waiver or discharge ir sought. rev. 8/26/9( 14 a 0 Executed by Contractor this 9 4 day of 73 4°C ,19 77 A CONTRACTOR: P&D C0NSIK"TS INCJCONSOER dl? (print nameltitle) / By: pi& he sig here) Cq dV6{hMdde/4 / ~/p (printhameltitle) 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 one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretaty under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL rev. 8/26/96 15 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,:"Vey"" " I Ixb P".d - - - #* & -g =="- 'J NAME(S) OF SIGNER(S) .: 1 l &ersonally known to me - OR - 0 proved to me on the basis of satisfactory evider subscribed to the within instrument as i knowledged to me that - helsw execui the same in his/kerHkeir authoriz capacitm and that by his/keh4k signature-@ on the instrument the person( or the entity upon behalf of which t person(s) acted, executed the instrume WITNESS my hand and official seal. '. i i i to be the person&fwhose namem isli .. I e SlGNATdRE OF NOTARY .> OPTIONAL 5i Though the data below is not required by law, it may prove valuable to persons relying on the document and could prc ! fraudulent reattachment of this form.. .. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN .: .n INDIVIDUAL .! [7 PARTNER(S) 0 LIMITED I j ATORNEY-IN-FACT NUMBER OF PAGES [7 GENERAL i 0 TRUSTEE(S) i 0 GUARDIAN/CONSERVATOR ; [7 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: ' NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE - .. . . > .-,. ... I.I e _1 ,-.~~. _,*.I.C*."- .,.- L ".""" ."... ".,,.. . . . . 1 ,, . * ." - . _" - - ..- "._ _".__ "" - _"" " .- - " ."" - - . : - . , _I . -, ". .- ~ , . . , ,/ - .. I.. l*,Y.rrh,.l,.." -": .,*>, ., ,. ,. .""."',"1,"f' 03993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184. Canoga Park CA .~ ., -. . .. . d." - Y"" , .~ . - . .. " - __I_Ic___ - . .. -. . - -. --- ._. . 0 e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .I cou "3 On * :.? ;'si ,i) i 4) *:I 4 personally appeared .i I :j xpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidenc ::\ - ,.j 5 to be the person@) whose name@&s/* ~. 1 subscribed to the within instrument a3 ac I .? '/ '! I ! 1 ;; i 3 knowledged to me that Wshe/th+ execute the same in -kis/her/t&&r authorize capacity(i@, and that by .kis/her/tk signature(+ on the instrument the person6 or the entity upon behalf of which tl- person(s)-acted, executed the instrumen WITNESS my hand and official seal. - c- - i 5 OPTIONAL 1 i Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre\ .! fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A ACHED DOCUMEN > ': 0 INDIVIDUAL p* TITLE OR TYPE OF DOCUMENT i 0 PARTNER(S) LIMITED GENERAL ., ';i I? AlTORNEY-IN-FACT NUMBER OF PAGES ,\i 0 TRUSTEE(S) :: GUARDIAN/CONSERVATOR .! OTHER: , DATE OF DOCUMENT t, , ': SIGNER IS REPRESENTING: 1 NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE - - "" - ,- _."_".- "-.._ .."- "_- L --- - ..- - .- -- - .- - . . ~ ,"_,___ ~ """_~"_"_ ~, ___"_ "."_ "". - _._ ..- ,I"- - -.---.-. --"-"---"--~-----~-~"~~- , , . ,~~ _. ,., r , Y_" ..~.'.- ,_I , ,* ., , . , ._,_...-, .. , " "._.. .- .. "- _I . . . . - ,~ . . - , .. "._.._ ~ -.-. "..- .,""-a "..-.-I "'" , ,. ,., 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184-Canoga Park, CP 0 EXHIBIT "A- FOR CONTRACT 0 ALTERNATIVE NO. 1 Table 1 through Table 3 define the City Plancheck Milestones, the time and requirements of each submission, ~ allocation per submittal milestone. Elapsed Time 4 calendar days after : 18 calendar approval of contract. urn of 70 percent : return of E I plancheck. !. I * :+8* - B - air,ta ?a MILESTONES ' ? PLANS 1 Schematic 30 Percent Design ! 70- 90 Percent 100 Pe 1 Full and comolete Plans. I Full bid-ready plans ; bot0 , I i i Improvement plans showing that the most important elements of design are worked out in some detail. i i I Improvement plans showing all proposed improvements including utility relocations. with corrections and i mylar Plan-check set 2. i City i signatur ! , disks in j v. 14. I! 1 12 copies 1 None Final draft of entire set : &&read, First ro~h draft of entire I i 12 copies j 8 copies 12 copies set of Snecial Provisions. of Special Revisions. j the foil,, I SPECIFICATIONS : NOTE: - 1. Green Book format used throughout document for each milestone. 2. Use MS Word format throughout. I I I i I I i I 1 Same as 100 per- j MS War, cent except MS I Special Word disk. ! to ! Specific: ; Public Construc 1 @ Standard i Referenc ! Drawing5 ! Utility I Drawmgr 4 f !L OPINION OF COST NOTE: 12 couies 1 12 copies k 12 copie! I ! i DETAILED OPINION OF i COST FINAL OPINION OF i SAME AS Accuracy f 10 COST 1 percent Drafting Bid Set I One (1) E 1 None ! CENT 1 Use Excel format. I I i I 1 I Format. j. I 1 Accuracy * 10 I percent i Task i Fee ! I* 0 0 Prepare 40- ' 5118,150.00 40% $1 523,630.00 ' 10% 20% $47,260.00 I 30% 535,445JO i Scale Plans l Prepare Cosr Est. 1 55*270.00 I 35 % 55% I 52.898.50 56.544.00 516,360.00 Right-of-way $1.844.50 20% j ~3.272.00 I 10% CMWD Work S30.700.00 I 40% I 512,280.00 i 30% ; $9,210.00 20% i t6.140.00 I 10% Envlronment 1 ~8.000.00 I 75% ! 56.000.00 ! 25% j $2.000.00 Field Surveys1 Porholmg I % I Done Geotech. i $7.627.00 ! 100% 1 57.627.00 1 0% : Done Direcr Cosrs i $4750.00 / 30% 1 51,425.00 i 30% I 51,425.00 TOTAL FEE I 5233.342.00 2 17.00% i 539.665.50 i 8.18% "51 Legend I * Percentsqe ot Foe Allocated Prepare Spec. ! 510,940.00 [ 0% ! $0 ! 55% i 56.017.00 35% ! 53,829.00 I i 10% 0% So i I lo% : Documents I 30% I 54*908*00 ' 40% ! I I 531*545-00 0% ! Done I 0% 1 100% j 531,545.00 O% i Oms! O% 0% 1 Done i 3% 20% $950.00 i 20% j 47.59% ; I - I ' ** urn Cm Engineer's signature of ~knr e EXHIBIT "B" FOR CONT Engrneering w Design Services SECTION 2 SCOPE OF SERVICES The following scope of services represents our understanding of the specific tasks required for the preparation of plans, specifications and engineer's estimate for: 1. Palomar Airport Road. The widening of the south side of Palomar Airport Road from El Camino Real to El Fuerte. The purpose of this widening is to accommodate an additional east bound lane and an additional left turn lane at El Fuerte (Please refer to figure 1). The roadbed grading for these improvements was completed under the City of Carlsbad drawings 314-3 Project No. 3341. 2. El Camino Real. Create a new deceleration lane approximately 300 feet in length improved to prime arterial standards on the east side of El Camino Real south of the intersection with the access road to the Coast Waste Management Facility. (An Alternative No. 1 is also considered to widen the east side of El Camino Real from Palomar Airport Road to the access road. This alternative will also require a traffic signal modification plan at Palomar Airport Road to accommodate a free right turn.) 3. Coast Waste Management Access Road. improve the access road from approximately 300 feet east of El Camino Real to the intersection of Faraday Avenue and Orion Street (a distance of approximately 1,800 feet) to forty (40) feet of pavement, industrial sections with asphalt berms. The vertical alignment near the intersection of Faraday Drive and Orion Street will be analyzed and adjusted to obtain adequate sight distance. The right-of-way for this access road will initially be 48 feet wide; however, an ultimate industrial right-of-way width of 72 feet will be considered in the design. 4. Faraday DrivelEl Carnino Real Intersection. Modify intersection to provide two left turn lanes westbound from Faraday Drive to southbound El Camino Real, one through lane and one right turn lane with an appropriate median. 5. Environmental Services - Provide Environmental Services, including Reconnaissance and Preparation of a Negative Declaration. SERVICES PROVIDED BY P&D/CTE Phase 1 .O Conceptual Alignment Studies Task 1.1 REVIEW OF EXISTING INFORMATION Obtain and review all existing planning, design and record information pertinent to the project. This information will include the right-of-way drawings, maps, improvement plans, drainage report, traffic studies and pertinent utility as-buitt records. The utilities will be potholed at 30 specific locations. This task will also include three field visits. ~ ~~~ -~~ ~~~~~ City of Carkbad P&D/CTE Engineers, Inc. I. 0 Engineering 0 Design Services ~~ ~ Task 1.2 FIELD SURVEYS . Palomar Airport Road Cross-sections will be from the Northerly side of median to the Southerly right-of-way (approximately 10 positions per sections). Also included is locations for visible utilities and culverts. Stations 99+22 to 142+20: x-sections on 50’ stations .. Stations 142+20 to 146+70 x-sections on 25’ stations (for revised turn pocket) Stations 146+70 to 171+67 x-sections on 50’ stations Centertine stationing will be set up using a 2 man crew. The cross- sections will be performed with a 3 man crew because of heavy traffic conditions. El Carnino Real Provide 50’ stations from Palomar Airport Road to access road. Detaiiing returns at Palomar Airport Road and access road. ‘Cross sections will be from median isiand to k30’ beyond existing right-of-way with appurtenances. Coast Waste Manaqernent Access Road Cross sections existing road from El Camino Real to Faraday at 25’ stations k40’ on both sides of centerline with appurtenances. Cross- sections at the Faraday Drive intersection will be wide enough to accommodate the ultimate vertical alignment in this area. Faradav DrivelEl Camino Real Intersection Cross section intersection of El Camino Real and Faraday and east leg of Faraday Drive in a -lO-foot by 10-foot grid pattern. . Field Surveys and Preparation of Nesative Declaration Biological Reconnaissance Conduct a biological reconnaissance mapping the habitat adjacent (100 feet from edge of pavement) to Coast Waste Management Access Road. Three gnatcatcher surveys will be conducted to determine the presencelabsence of California gnatcatcher. If habitat is suitable for other sensitive species (Pacific pocket mouse, arroyo toad, seasonal plant species), P8D will coordinate with the City and the US Fish and Wildlife Service (as appropriate) to identify the supplemental surveys. A technical report will be prepared documenting the findings of the reconnaissances. If mitigation or permitting are necessary, a supplemental scope of services will be prepared. Negative Declaration Upon compietion of the 30% design, the City’s initial Study will be completed. The biologicai zconnaissance report will be appended. ~~ city of Carlsbad PBDICTE Engineers, Inc. e En neering Design Services P Task 1.3 PRELIMINARY ALIGNMENT Prepare an alignment schematic plan based upon the above acquired data. Meet with client and water district to receive comments before preparation of the improvement plans. Phase 2.0 FINAL ENGINEERING SERVICES .. Task 2.1 GEOTECHNICAL REPORT (SUBCONSULTANT KLEINFELDER) Palomar Airport Road a. Review the two previous reports completed by Kleinfelder in 1990 and 1991 for possible application to the new project. b. Perform a geotechnical site reconnaissance to review existing site conditions and evaluate whether the two existing reports can be used for the new project. c. Provide documentation so that the reports can be used either: (1) without modification, (2) with minor modification in the form of a minor addendum (assuming no further subsurface investigation or (assuming additional subsurface investigation and/or laboratory work is required). Our scope of work does not include additional subsurface investigation, laboratory work, or significant modification of our previous reports. Our opinion is that significant modification to our reports (with additional subsurface investigation and/or laboratory work) is unlikely. El Camino Real Wideninq and Access Road Reconstruction laboratory work is required), or (3) with significant modification d. We expect that traffic control and a traffic plan will be required for some of the borings within the existing roadway and shoulders. We have allotted 8 hours of staff professional time to meet with City traffic personnel, provide traffic control plans, and mark-out utilities through the US. We have assumed that the City of Carlsbad will provide Kleinfelder with right-of-access to property within the proposed right-of-way. Our scope does not include any permit fees. e. We propose to explore the subsurface conditions along Access Road and the east side of El Camino Real with 5 small diameter borings to 10 feet below existing grade or sampler refusal, whichever is lower. A Kleinfelder staff will maintain a log of the soils encountered and obtain samples for visual classification and laboratory testing. city of Carlsbad P%D/CTE Engineers, Inc. e En 'neering Design Seyices d) Task 2.2 .. f. Laboratory tests will be completed on selected samples to evaluate the strength, densrty, swell potential, .plasticity, subgrade quality, and gradation characteristics of the materials encountered for the El Camino Real and Access Road portions of the project. The anticipated tests will include: 5 untreated R-values (approximately 1 per 600 lineal feet) 3 sieve analysis .. 10 moisture contenthnit weight 1 direct shear 1 Atterberg limits 1 Proctor (moisturedensity relationship) test per ASTM Dl557 g. This task will prepare a geotechnical report for the widening of El Camino Real and the reconstruction of Access Road. Results of our field explorations, laboratory tests, and engineering analysis will be summarized in a written report prepared by a registered civil engineer. At this time, we anticipate the report will include the following items: 1. Site plan and vicinity map showing the approximate boring locations. We plan to show the boring locations on copies of plans provided by P&DICTE Engineers. 2. logs of borings 3. Laboratory test results. 4. Recommendations for site preparation, earthwork, fill, and compaction specifications. 5. Recommendations for flexible pavement sections and subgrade preparation. P&DICTE Engineers will provide Kleinfelder with the design traffic classifications and traffic indices to be used in design. 6. A discussion of potentially expansive soils, should they be encountered at the site. 7. A review of the anticipated utility trench excavation conditions based on materials encountered. IMPROVEMENT PLAN PACKAGE Scope of Services will produce the following: 1. One title sheet. 2. Approximately two detail sheets. A. Palomar Airport Road 1. Approximately five or six plan and profile sheets at 1"=40' scale to construct the additional eastbound fane and transitions and an additional left turn lane in the westbound lanes at El Fueite Avenue. City of Carfsbad P&D/CTE Engineers, Inc. ,. 0 En d) ineering Design Services 2. Approximately two traffic signal modification plans at 1" : 20' scale, which will include showing the location 0' proposed traffic signal equipment, general details, utility locations, signing and striping at El Fuerte Avenue. These modifications are necessary to accommodate the added left turn lane and eastbound lane. ' 3. Approximateiy 4 signing and striping sheets at 1" = 40' scale. 4. Approximately 4 traffic control sheets at 1" = 40'. B. El Camino Real (Amroximateiv 300 L.F.) 1. Approximately one plan and profile sheet at 1"=40' scale to construct a deceleration lane improved to prime arterial standards. 2. Approximately one signing and stripingltraffic control sheet at In=4O1 scale. C. Coast Waste Management Access Road lAPproximateIv 1,900 L. F. 1 1. Approximately two or three plan and profile sheets at 1"=40' 2. Approximately two traffic control sheets at 1" = 40'. scale to construct a standard industrial street. D. Faradav DrivelEl Camino Real Intersection 1. Approximately one plan and profiie sheet at 1"=20' scale to construct new improvements on Faraday Drive to accommodate additional lanes as referenced above. 2. Approximately one traffic control plan at 1"=20' scale. 3. Approximately two traffic signal modification plans which will include showing the location of proposed traffic signal striping at El Camino Real. accommodate new street improvements. equipment, general details, utility location, signing and 4. Landscaping plans for the ultimate buildout to Task 2.3 DRAINAGE REPORT This report will address the impacts of the proposed widening of Palomar Airport Road and El Camino Real and the realignment and widening of the Coast Waste Management Access Road on the existing drainage flow. The analysis will incorporate the drainage report dated October 19, 1991 as prepared by P&D/CTE Engineers. Task 2.4 ENGINEER'S ESTIMATE Using City-furnished cost-estirnating guidelines, P&D/CE will develop quantity surveys and prepare cost estimates for property acquisition, design, surveying, construction management and construction of projects. City of Carlsbad P&D/CTE Engineers, Inc. .1 0 Eaeering Design Services ~~ ~ Where insufficient information is available to obtain reasonable accurate development of quantities, the P&D/CTE Team will use judgmental allowances for completing the capital cost estimate. A final opinion of probable construction cost will be prepared prior to bid advertisement. Task 2.5 PREPARE SPECIFICATIONS Preliminary and final specifications will be prepared using. City-furnished special provisions and the standard specifications for public works construction. Task 2.6 PREPARE RIGHT-OF-WAY DOCUMENTS P8DICTE will research boundarylownership and preliminary right-of-way needs; then prepare necessary right-of-way drawings, construction easements, and legal descriptions for required right-of-way. We estimate that approximately 20 to 25 plats (approximately 10 dedication plots, 10 slope right easement plats, and five temporary construction easement plats) will be prepared-with associated legal descriptions. Task 2.7 CARLSBAD MUNICIPAL WATER DISTRICT RELOCATION TASKS P&D/CTE will conduct a field survey of the existing CMWD facilities within the project limits. This task will also include delineating the necessary relocation work to CMWD facilities on the plans produced in Task 2.2. This task wilt also include delineating all other utility appurtenances from other agencies, including FAA, within the project limits. Task 2.8 PROJECT SCHEDULE Provide a detailed schedule in 'Microsoft Project" of work to be performed. Task 2.9 .PROJECT MEETINGS 1. Meet and coordinate with all City and County departments as necessary. 2. Meet and coordinate with all utility, pipeline and other affected companies, public and private as necessary. The above Scope of Services assumes that the following will be provided by the City: 1. As-built plans of existing traffic signal and street improvements as researched and requested by Consultant. 2. One (1) copy of latest City "Boilerplate" technical specifications in Word 6.0. City of Carkbad PBDICTE Engineers, Inc. e En , eering Design Services d)r ~ ~~ 3. One (I) copy, on disk, of the City Title Sheets in AutoCAD Version 14. 4. All available existing street and utility plans. 5. Expeditious review of plans in conformance with design schedule. 6. One (1) copy, on disk, of current City 2-foot interval topography covering the project limits (for, drainage report). 7. Other pertinent information that may be available in City records. It is further understood that City forces will be responsible for bidding and construction services in connection with this project. City of Carlsbad .. P&D/CTE Engineers, inc. ;;I ':I 111) ;!I 1:i 'I //, 1: l'.I \y 00 //I ?? r" 87 ill I* 1; I'I /j/ ~'i a w z 2 w 2- z za WlL2 ti Sy? w ggy p 53 w tjggLOxg2 w cpgzggz@ KCL 5 Us2 0 wKCwawWW~ z " =$cLzzz< c3 w' mww J muzuw5mcu Y 3 3 January 22,1998 P&D Consultants/Consoer Townsend Envirodyne Engineers Lewis W. Garber, Vice President 1100 Town & Country Road, Suite 300 Orange, CA 92868 RE: DESIGN - FOR PALOMAR AIRPORT ROAD EAST, PROJ. 3602 and DESIGN - ACCESS ROAD THROUGH TRANSFER AREA, PROJ. 3603 Enclosed for your reference are documents which were approved at the January 13, 1998 Carlsbad City Council meeting: 1. A copy of Council Resolution No. 98-1 5 approving Project No. 3602 and Project No. 3603. 2. Original signed agreement for Engineering Services for Project No's. 3602 and 3603. If you have any questions regarding Council actions please call the City Clerk's Office. You will need to call Richard Allen in our Engineering Department if you have specific questions regarding the Agreement or the Projects. Mr. Allen can be reached at (760) 438-1 161 Extension 4389. KATHLEEN D. SHOUP + Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-2808