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HomeMy WebLinkAbout1999-04-20; City Council; 15145; Poinsettia Lane Improvements Phase 1 & 2C;l; OF CARLSBAD - AGENDAiLL qk- @ AB# 15; 1% TITLE- APPROVAL OF CONSULTANT AGREEMENT WITH . HUNSAKER & ASSOCIATES FOR ENGINEERING SERVICES MTG. 4/20/99 FOR PHASE I AND II FOR POINSETTIA LANE FROM THE EAST END OF THE ZONE 19 BOUNDARY (AVIARA) TO THE WEST DEPT. ENG BOUNDARY OF THE LOHF PROPERTY, PROJECT NO. 36741 RECOMMENDED ACTION: Adopt Resolution No. 9 ?- 134 approving a consultant agreement with Hunsaker & Associates San Diego Incorporated for engineering services required for Phase I and II for Poinsettia Lane from the existing terminus of Poinsettia Lane at the eastern boundary of Zone 19 (Aviara development) then approximately 2,000 feet easterly to the western boundary of the Lohf Property which is located west of El Camino Real. I ITEM EXPLANATION: Poinsettia Lane currently terminates at the east boundary of the Aviara development in Zone 19 and will have a gap of approximately 2,000 feet from being a circulation system roadway connecting Interstate 5 to El Camino Real. Two other existing gaps are currently under design including (1) the gap between the portion of Poinsettia Lane currently being constructed by Catellus Residential Group and the existing terminus of Poinsettia Lane on the west boundary of the Aviara development in Zone 19 and (2) from the western boundary of the Lohf Property proposed development easterly to El Camino Real. Completing the 2,000 feet gap will allow traffic to utilize Poinsettia Lane in route to El Camino Real and thereby relieve some traffic congestion on Palomar Airport Road. It will also provide excellent access to the future Zone 19 park site. The portion of Poinsettia Lane from Aviara Parkway to El Camino Real was included in Bridge and Thoroughfare District No. 2 formed on July 8, 1997. The Engineering firm of Hunsaker & Associates designed the portion of Poinsettia Lane which is currently being constructed by Catellus Residential Development and is currently under contract to design all of the remaining gaps to El Camino Real. One of these design contracts is currently in process with the City of Carlsbad for the gap between Black Rail Road and the west boundary of Zone 19, which was awarded by the City on February 2, 1999. The firm has also obtained the topography and performed the preliminary planning of Poinsettia Lane as a part of the planning for the proposed development of the Lohf Property. Therefore, this firm has specific knowledge of this project and is uniquely qualified to prepare the design for this portion of Poinsettia Lane. If another firm were selected, they would have to also obtain the topography resulting in delay and increased design costs. For these reasons, the purchasing officer has waived the requirement for multiple proposals. The proposal from Hunsaker 8 Associates has been reviewed by staff and is acceptable. The City’s notice to proceed to the consultant will only include the 30 percent submittal, as described in the attached consultant agreement, Exhibit 3. The 30 percent submittal includes the conceptual design to obtain information for the preparation of environmental documents (Phase I) and environmental analysis (Phase II) for the alignment of Poinsettia Lane from the existing terminus on . the east boundary of the Aviara development in Zone 19 to the western boundary of the Lohf Property. The scope of the 30 percent submittal portion of the agreement will define the ultimate configuration of the future improvements. Staff will return to the City Council after Phase I and II to obtain approval to proceed with preparation of final plans, specifications and cost estimates, identified as the 70, 90 and 100 percent submittals in the attached consultant agreement. Staff recommends that the City Council approve the attached consultant agreement with H.unsaker & Associates San Diego Incorporated for preliminary engineering services and preparation of environmental documents for this project, identified as 30 percent submittal, as described in the attached consultant agreement, Exhibit 3. Page 2 of Agenda Bill No. / 5 i 4 5 ENVIRONMENTAL: Street improvements considered in this project are included in the City’s Circulation Element and are consistent with the City’s General Plan. The level of activity contained in this scope of work regarding CEQA is defined as Class 6, Information Collection, and is categorically exempt from CEQA. The notice to proceed for this contract will only be for the 30 percent submittal and will not authorize the remaining portion of the contract until further approval by the City Council. FISCAL IMPACT: The fee for the 30 percent submittal, as shown in the attached design contract with Hunsaker & Associates, is $36,870. Sufficient funds are available in the project account. The remainder of the total fee of $83,000 will be considered at a future City Council date after Phase I and II are completed. At that time the capital improvement program budget for this project may be increased to complete this project. EXHIBITS: 1. Location Map. 2. Resolution No. 99 - /,fy approving a consultant agreement with Hunsaker & Associates. 3. Consultant agreement for Hunsaker & Associates. 2 PROJECT NAME POINSETTIA LANE EXHIBIT ZONE 19 BOUNDARY TO LOHF PROPERTY I &PI. 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH HUNSAKER & ASSOCIATES SAN DIEGO INCORPORATED FOR ENGINEERING SERVICES FOR 30 PERCENT SUBMITTAL (PHASE I AND II) FOR POINSETTIA LANE FROM THE EAST END OF THE ZONE 19 BOUNDARY TO THE WEST BOUNDARY OF THE LOHF PROPERTY, PROJECT NO. 36741. WHEREAS, the level of activity contained in the scope of this project regarding CEQA is defined as Class 6, Information Collection, and is categorically exempt from CEQA; and WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds required for this project in the Capital Improvement Program; and WHEREAS, the Purchasing Officer has waived the requirement for multiple proposals; and WHEREAS, a proposal has been solicited for the design of this project from a qualified engineering firm; and WHEREAS, a mutually satisfactory fee for the services has been negotiated; and WHEREAS, Hunsaker & Associates San Diego Incorporated was selected as uniquely qualified to perform 30 percent submittal engineering services for this project for a fee of $36,870 and that sufficient funds are currently available in the project account; and WHEREAS, the consultant agreement with Hunsaker & Associates San Diego Incorporated has been prepared and submitted herewith. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the consultant agreement with Hunsaker & Associates San Diego Incorporated for 30 percent submittal of engineering services for this project as described in the attached contract is hereby approved and the Mayor is hereby authorized and directed to execute said agreement. /If M Ill I 2 3 4 5 6 7 8 9 IO 11 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II 3. Following the Mayor’s signature of the agreement, the City Clerk is further authorized and directed to forward copies of said agreement to Hunsaker & Associates San Diego Incorporated, and to the Engineering Division, Planning and Design group for their files. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 20 t;bday of A&J , 1999 by the following vote, to wit: AYES: Council Members Lewis, Nyg Finnila and Hall AT-TEST: (SEAL) AGREEMENT THlS AGREEMENT is made and entered into as of the 20 th day of April 9 1999, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and Hunsaker & Associates San Diego Incorporated, a corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of a professional engineering Contractor to provide the necessary professional engineering services for the 30 percent submittal to include conceptual design to obtain information for the preparation of environmental documents (Phase I) and environmental analysis (Phase II) for Poinsettia Lane from the existing terminus on the east boundary of the Aviara development in Zone 19 to the western boundary of the Lohf Property; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals 8nd the mutual covenants contained herein, City and Contractor agree as follows: I. CONTRACTOR’S OBLIGATIONS The scope of services to be provided is described in Exhibit “A” and “B” as follows: l Exhibit “A” - Consisting of Tables 1, 2 and 3 shown on 2 pages. l Exhibit “B” - Proposal from Hunsaker & Associates consisting of 7 pages. -1 - rev. 8i25t98 C 2. CITY OBLIGATIONS The City shall provide: A. Copies of all existing City reference data as researched and requested by Contractor. B. Review of the plans, specifications, cost estimate and right-of-way documents for the purpose of determining the general conformity to City Standards and Project Scope. 3. PROGRESS AND COMPLETION The work under this contract will &r&t of the 30 percent submittal for conceptual design to obtain information for the preparation of environmental documents (Phase I) and environmental analysis (Phase II) for the alignment of Poinsettia Lane from the existing terminus on the east boundary of the Aviara development in Zone 19 to the western boundary of the Lohf Property. The Contractor will begin work within ten (10) days after receipt of notification to proceed by the City and be completed in accordance with Exhibit “A”. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City Engineer. The City Engineer will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed for the 30 percent submittal shall be $36,870. The remaining fee of $46,130 for a total fee of $83,000 -2 - rev. 8125198 may be authorized at a later date. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 5. DURATION OF CONTRACT 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, cost 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” -3 - rev. 8125198 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: A letter outlining the required changes shall be fowarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City-and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration. contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, -4- rev. 8125198 to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said 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 of 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 -5 - rev. 8125198 City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. /ps- (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims aie incorporated herein by reference. (Initial) U&/- -6 - rev. 8125198 13. 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 calling, and not as an employee of the City.’ Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this 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 to the Contractor pursuant to the contract shall be the full and complete compensation to.. which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of 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 -7 - rev. 8/25/98 limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to- a0 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. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees. and volunteers from and against all claims, damages, ‘losses and expenses including attorneys fees arising out of the performance of the -8 - rev. 8/25/98 work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractqr, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contraotor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized -9 - rev. 8125198 in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City’s conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A consultant. The disclosure category shall be those categories determined by the City. -10 - rev. 8/25/98 25. 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 for insurance as stated in Resolution No. 91-403. A. Coveraoes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is ‘approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1.,OOO,OOO combined single-limit per accident for bodily injury and property damage. rev. 8125198 -11 - 3. Workers’ Compensation and Employer’s Liability, Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $l,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing -12 - rev. 8125198 policies in order that the required coverages may be maintained. The Contractor is 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. 26. 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: Address: Lloyd B. Hubbs, P.E 2075 Las Palmas Drive Carlsbad, CA 92009-l 576 For Contractor: Title _ PAd5r bENr Name pP4w9 A Yr+fnf)& Address / Ol?9 tiU&HNE#ew s- 54/v 9IEW* c4 5we+ 92’21 Registered Civil Engineer’s License Number_: 3 975) 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. rev. 8/25/98 -13 - 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding betvireen the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this ,day of C; I+*; I I 1999 . CONTRACTOR: /-!vf4sf+Kee 4rw #550ct 47?% 5m hs~o/ /NC. (name of Contractor) ume@ A N4l4+qlblg /musr~ejvI (print name/title) ATTEST: ,. By: a2, &- + (sign here) mHN w HI CC / qS>,rPTAW $&‘iETh R 2’ (print name/title) UTENKRANZ \ 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 secretary under corporate seal empowering that officer to bind the corporation,) APPROVED AS TO FORM: RONALD R. BALL City Plrtac;ney BY rev. 8125198 -14 - State of California personally appeared a personally known to me IJC 044dence to be the person(s) whose name(s) iq@ subscribed to the within instrument and acknowledged to me that-xecuted the same in e authorized capacity(ies), and that by signature(s) on the instrument the the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: q Individual Cl Corporate Officer - Title(s): 0 Partner - •i Limited Cl General 0 Attorney in Fact q Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: Top of thumb here 0 1997 National Notary Association - 3350 De Soto Ave., P.O. Box 2402 -Chatsworth. CA 913152402 Prod. No. 5907 Reorder: Call Toll-free t -800-876-6927 EXHIBIT “A” FOR CONTRACT Table 1 through Table 3 define the City Milestones, the time and requirements of each submission, and the fee allocation per submittal milestone. - Elapsed Time 42 calendar days after approval of contract Milestones 30 Percent PLANS Schematic design. NOTE 1. Green Book format used throughout document for each milestone. l Grading and Improvement plans showing that the most important elements of design are worked out in some detail. 2. Use MS Word format throughout. OPINION OF COST NOTE: Use Excel format. None 70 Percent 28 calendar days after return of 30 percent plancheck from all city departments. 70 Percent Full and pornofete plans. l Grading and Improvements plans showing all proposed improvements including utility relocations. l 12 copies First rouah draft of entire set of Soecific Provisions. DETAILED OPINION OF COST l Accuracy = -10 percent l 12 copies 90 Percent 17 calendar days after return of 70 percent plancheck from all city departments. 90 Percent Full bid-ready plans with corrections and plan-check set 2. l 12 copies Final draft of entire set of Specific Provisions. l Same as 100 percent except MS Word disk. FINAL OPINION OF COST l Drafting Bid Set Format l Accuracy = 10 percent l 12copies 100 Percent 17 calendar days after return of 90 percent plancheck from all city departments. 100 Percent l Photo or ink on mylar ready for City Engineer signature and 3.V disks In AutocAD v. 14. l 8copies ;dny text of the . MS Worddisk. l Speclal Provisions to Standard Spedfications for Public Works Construction. l Standard Reference Drawings and/or Utility Company Drawings. l 12copies SAME AS 90 PERCENT l One (1) Excel d&k. “...#.A ,I _-____- A _^____ _I__I_M..IA~“P.-AI >- POINSETTIA LANE, REACH 4 EXISTING AVIARA IMPROVEMENTS TO THE- LOHF PROPERTY ~,&I~~ ,a-___-._A.-- --_. --. . HUNSAKER &ASSOC~‘ES S A N D I E C 0, I N c. PLANNING ENGINEERING SURVEYING March 29,1999 IRVINE LAS VEGAS RIVERSIDE SAN DIECO DAM HAMMAR IACK HILL LEX WILLIMAN Hunsaker & Associates San Diego, Inc. 10179 Hwnnekens St. / Suite z~fb/D&Qid A. Hammar, R.C.E. Mr. Galen Peterson City of Carlsbad 2075 Las Palmas Carlsbad, CA 92008 RECEIVED W? 2 9 1999 ENGlNEERfNG DEPARTMENT RE: Proposal for Poinsettia Lane Improvements, Existing Aviara improvements to the Westerly Lohf Property Boundary Dear Galen: Hunsaker & Associates San Diego, Inc. is pleased to offer the following fee estimate for furnishing the civil engineering required for the development of Poinsettia Lane improvements from the existing Aviara improvements to the westerly Lohf Property boundary. This fee estimate includes the additional environmental work we discussed earlier this month. We propose to provide the engineering as detailed in Exhibit “B” for a total fee of $83,000. Invoicing would be monthly based on the percentage of work completed for each item shown in Exhibit “B”, not to ‘exceed the percentages for project milestones in Exhibit “A”. We would expect to receive payment within thirty (30) days after your receipt of our invoice. Per your request, we have included a budget for blueprints, reproducibles and deliveries. The budget is anticipated to cover the deliverable identified in Exhibit “A”. This proposal is based on our current office rate of $87.00 per hour and our current field rate of $166.00 per hour for a two-man survey party. Should this proposal meet with your approval, please sign the standard form of agreement and return it to our office. Should you have any questions, please do not hesitate to call. Very truly yours, San Diego, CA 9212 1 President (6191 558-4500 PH 1619) 558-1414 FX www.hunsaker.com Info@HunekerSD.com RM:kd msword\\\pcserver\correspndnc\p999\1999\p91 .doc Poinsettia Lane Improvements (W.O. 9999-7259) EXHIBIT “B” SCOPE OF WORK POINSETTIA LANE EXISTING AVIARA IMPROVEMENTS TO THE LOHF PROPERTY OFFICE ENGINEERING DISTRICT IMPROVEMENTS H&A :r Description &I 1. Prepare a one phase rough grading plan at a scale of 1”=40’. Grading plans will be provided for full width right-of-way improvements. $ 6520 2. Prepare erosion control plans and NPDES Permit per City of Carlsbad requirements. $ 6030 3. Prepare one estimate of earthwork quantities based on final 40 scale grading plans. $ 3~~0 4. Prepare street improvement plans at a scale of 1”=40’. (5 sheets). $ 390 5. Prepare striping plans for the proposed improvements. $ 6580 6. Prepare storm drain improvement plans at a scale of 1”=40’. Plans will be provided for all storm drain crossing the proposed grading and appropriate street catch basins. $ 65~~ 7. Prepare master hydrology study for the project site in accordance with the requirements of City of Carlsbad. $ 6210 8. Prepare one quantity and cost opinion per City of Carlsbad requirements at 70% submittal. Estimate to be updated at 90% and 100% submittals. $ 5130 9. Calculate and plot existing easements from preliminary title reports. $ 5070 IO. Horizontal calculation of right-of-way and easement lines. $ 5~5 11. Prepare dedication plats for right-of-way slope, temporary construction and drainage easements. This proposal does not include negotiating with land owners or condemnation support. Consultant shall provide title reports for affected properties. $ 8700 12. Project Coordination and processing. $ Amount 4,000 2,400 1,200 15,500 2,600 2,100 1,700 3,200 1,900 900 9,500 5,000 RM:kd msword\\\pcservetIcorrespndnc\p999\199\91 .doc WC-I QQ947759 City of Carlsbad Poinsettia Lane Improvements (W.O. 9999-7259) March 29, 1999 Page 3 H&A Line No. 3460 Description 3090 1180 8700 9270 1110 13. Prepare project specifications in City Standard Specification format. $ 14. Equipment Rental budget for potholing of existing utilities at points of connections. $ 15. Prepare Landscaping and Irrigation plans for manufactured slopes. (Gillespie) $ 16. Provide Soils Engineering services in conjunction with the Road Design, including providing updates for the existing soils investigation prepared in conjunction with the proposed Tentative map for the Lohf property and review and approval of the proposed grading plans. (GeoCon) $ 17. Field survey for ties to roadway points of connection and office note reduction. $ 18. Environmental Services. Provide one noise analysis for determining impact of the Road on existing land use. Provide one cultural resources impact analysis. A biological survey has been prepared for this reach of Poinsettia by Dudek and Associates. Assume 50 hours $ of coordination and team meetings. 8700 19. Reproducible Budget. Amount 3,500 1,500 9,000 5,000 1,500 10,500 $ 2.000 TOTAL t 83.004 Poinsettia Lane Improvements (W.O. 9999-7259) INSURANCE COVERAGES The following is a summary of the insurance coverages that Hunsaker & Associates San Diego, Inc. provides and are included in our offer of this proposal: General Liability $2,000,000 Personal Liability $1 ,ooo,ooo Auto Liability $1 ,ooo,ooo Professional Liability $1 ,ooo,ooo Valuable Papers $1,500,000 Upon request we will provide a certificate of insurance for the insurance coverages.listed above. If you require additional coverage, the costs that we incur from our insurance carriers will be invoiced to you at their direct costs and are not included in our fee quoted within this proposal. RM:kd mswordN&server\correspndnc\p999\1999\p91.doc WC-I wcm-7750 City of Carlsbad Poinsettia Lane Improvements (W.O. 9999-7259) March 29, 1999 Page 5 GENERAL UNDERSTANDINGS AND ASSUMPTIONS GENERAL 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The fee estimate is based upon bridge and thoroughfare fee district surface improvements (full width grading, two 16foot travel lanes, median curb and drainage facilities). This fee estimate includes normal processing of all plans and documents which consultant prepares. Additional processing which may be required due to changes in design criteria, agency standards or regulations or for any cause which is not under the direct control or directly resulting from consultant’s actions will be performed on a time and material basis or under a separate contract. Construction or design changes resulting from field conditions differing from available plans and documents of public record used as reference drawings will be prepared on a time and material basis. This fee estimate does not include construction management, field construction inspection or staking other than document clarification. This fee estimate does not include landscaping and irrigation design for the median. This fee estimate does not include work of a general or promotional nature (e.g. sales maps, colored renderings, etc.) This type of work will be prepared on a time and materials basis or under a separate contract. This fee estimate includes only that work detailed in Exhibit “A”. All additional work will be performed on a time and material basis or under a separate contract. This fee estimate does not include aerial topographic surveys. Existing aerial topography shall be used. This Fee Estimate does not include professional services during construction. These services, including field staking, soils engineer supervision of grading, Paleontological review of grading operations, if required will be provided by separate contract. This fee estimate includes only those environmental services included in Exhibit “A”. Additional work necessary for Client to make the required CEQA findings will be performed on a time and material basis, if required. RM:kd mswordik:\p999\1999\p91 .doc ---- ---^ City of Carlsbad Poinsettia Lane Improvements (W.O. 9999-7259) March 29, 1999 Page 6 GRADING 1. This fee estimate does not include design for an offsite borrow site. If a borrow site is required, work to design this grading will be covered under a separate agreement for an additional fee. 2. Consultant will coordinate with the soils engineer and geologist during grading plan design to provide economical solutions for buttressing and stabilization. 3. This fee estimate does not include the preparation or negotiation of offsite letters of permission to grade, except for providing exhibits to client for use in obtaining a joint use agreement and letter of permission to grade from SDG&E. This proposal includes drainage for the facilities required for the road. Downstream drainage studies and offsite sewer and water analysis are not included in this fee estimate unless specifically included in Exhibit “A”. 2. This fee estimate does not include as-builts because the scope of work required to as- built this project can not be determined at this time. 3. Utilities within the limits of work required to serve adjacent properties (sewer, storm drain) are included as “subdivision improvements.” 4. Consultant will coordinate work with water design consultant retained by Carlsbad Municipal Water District and provide one set of reproducible base maps for their use. Design of potable or reclaimed water is not included. EASEMENT DEDICATIONS 1. This fee estimate includes the preparation of twelve easement dedications. These plats will be prepared and submitted to the City of Carlsbad concurrently. Additional plats, phases or change of phasing will be provided on a time and material basis. 2. This fee estimate does not include negotiation of Joint Use Agreements, if any, between the City of Carlsbad and utility companies. Exhibits for the agreements are included as noted. 3. This fee estimate does not include an overall exhibit map for appraisal purposes. 4. City shall prepare and obtain necessary subordination agreements. RM:kd mswordNpcservetIcorrespndnc\p999\1999\p91.doc s.,.. nnnO 7?cn 4 City of Carlsbad Poinsettia Lane Improvements (W.O. 9999-7259) March 29,1999 Page 7 PROJECT SPECIFIC UNDERSTANDINGS AND ASSUMPTIONS 1. This proposal assumes,easements are acquired by client without use of eminent domain. Additional work to support condemnation actions will be provided for an additional fee. 2. City shall provide Standard City Specification Boiler Plate in MSWord format concurrent with return of 30% plan check. 3. This proposal does not include design of a bridge crossing for environmental purposes (if required). RM:kd msword\\\pcsewerbxrrespndnc\p9999\1999ip91.doc . ..^ nnnn -r.-lcn City April 29,1999 Hunsaker & AssociatesSan Diego Inc. 10179 Huennekens Street San Diego, CA 92121 RE: ENGINEERING SERVICES AGREEMENT PROJECT NO. 36741, PHASE I & II OF POINSETTIA LANE Enclosed please find copies of Carlsbad City Council Agenda Bill No. 15,145 and Resolution No. 99-l 34. These documents were approved by Council on April 20, 1999. Also enclosed is one copy of the executed agreement for the above referenced project. In accordance with Section 24 of enclosed agreement, you are required to file a Conflict of Interest Statement with the Carlsbad City Clerk. Anyone in the company who is working on this City project must file a Form 700, Statement of Economic Interests, and must report all Disclosure Categories which includes 1, 2, 3, and 4. Enclosed for your use are the following documents, which you may copy if necessary: 1. Form 700 1998-l 999 Statement of Economic Interests 2. Amended Appendix to the Local Conflict of Interest Code 3. Limitations and other Restrictions on Gifts, Honoraria, TraveLand Loans Your completed Assuming Office Statement is due in the City Clerk’s Office no later than 5:00 PM on May 20,1999. If you have questions regarding this process, please call Karen Kundtz. Assistant Citv Clerk, at (7601434-2917, KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, CA 92008-I 989 - (760) 434-2808 ai9 1 City February lo,1999 %G n&r . Hunsaker 8t Associates Attn: D. Hammer, President 10179 Huennekens Street San Diego, CA 92121”: RE: DESIGN OF POINSETTIA LANE, PROJECT NO. 35951 Enclosed for your records are copies of Carl&ad City Council Agenda Bill No. 15,033 and Resolution No. 99-38. These documents were approved by Council on February 2, 1999. Also enclosed is one original and fully executed agreement for the above referenced project. In accordance with Section 24 of enclosed agreement, you are required to file a Conflict of Interest Statement with the Cadsbad City Clerk. Anyone-in the company who is working on this City project must file a Form 700, Statement of Economic Interests, and must report all Disclosure Categories which includes I, 2, 3, and 4. Enclosed for your use are the following documents, which you may copy if necessary: 1. Form 700 1998-1999 Statement of Economic Interests 2. Amended Appendix to the Local Conflict of Interest Code 3. Limitations and other Restrictions on Gifts, Honoraria, Travel and Loans Your completed Assuming office Statement is due in the City Clerk’s Office no later than 5:00 PM on March 4,1999. If you have questions regarding this process, please call Karen Kundtz. Assistant City Clerk. at (760) 434-2917, KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 l (760) 434-2808 @