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HomeMy WebLinkAbout1999-05-11; City Council; 15176; Street Lighting And Landscape Agreement, . C;Y OF CARLSBAD - AGENDAiLL 64/4 h I AB# ‘$ /qfi TITLE- APPROVAL OF CONSULTANT AGREEMENT WITH . DEPT. HD. &7x BERRYMAN & HENIGAR FOR ENGINEERING SERVICES FOR MTG. 511 I/99 PHASE I AND II STREET LIGHTING AND MEDIAN LANDSCAPE ClTYAlTY. @ ’ DESIGN ON ALGA ROAD AND MEDIAN LANDSCAPE DESIGN DEPT. ENG ONLY ON ALTISMA WAY. PROJECT NOS. 36161 AND 36371 CITY MGR. % RECOMMENDED ACTION: ~ Adopt Resolution No. $9 - 159 approving a consultant agreement with Berryman & Henigar for engineering services required for Phase I and II for Street Lighting and Median Landscaping design on Alga Road from El Camino Real to El Fuerte and Median Landscaping design only on Altisma Way from Alicante Road to Caringa Way. ITEM EXPLANATION: The purpose of this project is to upgrade the street lighting on Alga Road to meet minimum City standards for a major arterial roadway as well as to improve the landscaping in the median on both Alga Road and Altisma Way to provide a more aesthetic appearance of both roadways. The current lighting and landscaping was constructed when the area was under San Diego County jurisdiction. The street lighting and median landscaping along Alga Road has been proposed for several years, but was only recently included in the Capital Improvement Program budget. Property owners in the area recently requested the median landscaping along Altisma Way. The Engineering firm of Berryman & Henigar are currently under contract with the City to design sidewalk improvements along a portion of the same area on Alga Road. The firm has prepared some of the improvement plans to date. It is cost effective from both a design and construction standpoint to combine all of these projects into one set of plans and specifications. Therefore, this firm has specific knowledge of this project and is uniquely qualified to prepare the design for these projects. If another firm were selected, they would have to repeat the information already prepared by Berryman & Henigar resulting in delay and increased design costs. For these reasons, the purchasing officer has waived the requirement for multiple proposals. The proposal from Berryman & Henigar 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 design of street lighting and median landscaping improvements. 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 Berryman & Henigar 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. ENVIRONMENTAL: The street lighting and median landscaping 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. 1 I - Page 2 of Agenda Bill No. IS, f 7 6 FISCAL IMPACT: The fee for the 30 percent submittal, as shown in the attached design contract with Berryman & Henigar, is $47,947 ($14,879 for street lighting plus $33,068 for median landscaping). Sufficient funds are available in the project account. The remainder of the total fee of $147,510 will be considered at a future City Council date after Phase I and II are completed. The property owner (currently Villages of La Costa) will be required to construct a portion of the median landscaping improvements on Alga Road east of El Camino Real as a condition of approval for development of the vacant land north of Alga Road. If the City decides to advance the funds and perform the work, a reimbursement agreement will be entered into with the property owner. The entire project, including construction costs, is preliminarily estimated at $2.4 million, of which the property owner will be responsible for 0.7 million. It is anticipated that the Capital Improvement Program will be increased after the design is complete and a more detailed cost estimate is prepared. EXHIBITS: 1. Location Map. 2. Resolution No. 47 I 15 f approving a consultant agreement with Berryman & Henigar. 3. Consultant agreement for Berryman & Henigar. CITY OF OCEANSIDE W-7’ OF VISTA ‘ROJECT NAME STREET LIGHTING AND PROJECT EXHIBIT MEDIAN LANDSCAPING IANS. Ch?LSBAlJ ,m. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH BERRYMAN & HENIGAR FOR ENGINEERING SERVICES FOR 30 PERCENT SUBMITTAL (PHASE I AND II) FOR STREET LIGHTING AND MEDIAN LANDSCAPE DESIGN ON ALGA ROAD AND MEDIAN LANDSCAPE DESIGN ONLY ON ALTISMA WAY, PROJECT NOS. 36161 AND 36371. 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 ” I’: 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, Berryman & Henigar was selected as uniquely qualified to perform 30 percent submittal engineering services for this project for a fee of $47,947 and that sufficient funds are currently available in the project account; and WHEREAS, the consultant agreement with Berryman & Henigar 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 Berryman & Henigar 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. Ill Ill Y 2 3 4 5 6 7 13 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Following the Mayor’s signature of the agreement, the City Clerk is further authorized and directed to forward copies of said agreement to Berryman & Henigar, 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 11 thday of May , 1999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard & Finnila NOES: None ABSENT: co 1 Members Hal chine Al-TEST: ,, .’ : ‘. I , 1. .’ Z, City Clerk -’ ‘, tant City Clerk (SEAL) ’ AGREEMENT THIS AGREEMENT is made and entered into as of the 11 th day of May , 1999, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and Berryman & Henigar, 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 Street Lighting and Median Landscaping design on Alga Road from El Camino Real to El Fuerte and Median Landscaping design only on Attisma Way from Alicante Road to Caringa Way identified as Projects 3616 and 3637; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS The scope of services to be provided is described in Exhibits “A”, “B-l”, “C-l” and “C-2” as follows: c rev. $I25198 -1 - l Exhibit “A” - Proposal from Benyman & Henigar titled “Fee Summary, Alga Road Street Lighting and Landscaping, Altisma Way Landscaping” consisting of Tables 1,2 and 3 as shown on 3 pages. l Exhibit “B-1” - Proposal from Berryman & Henigar titled “Project Understanding and Assumptions” dated March 1, 1999 consisting of 2 pages. l Exhibit “C-l” - Proposal from Berryman & Henigar titled “Project No. 3616 Alga Road Street Lighting Scope of Services” dated March 1, 1999 consisting of 3 pages. l Exhibit “C-2” - Proposal from Berryman & Henigar titled “Project No. 3637 Alga Road and Altisma Way Median Landscaping Scope of Services” dated ‘March 1, 1999 consisting of 2 pages. 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. PROGRESS AND COMPLETION The work under this contract will consist 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 design of street lightihg and rev. 8125198 -2- .. median landscaping improvements. The scope of the 30 percent submittal portion of the agreement will define the ultimate configuration of the future improvements. The Contractor will begin work within ten (10) days after receipt of notification to proceed by the City and be completed in accordance with Table 1 of 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 $47,947. The remaining fee of $99,563 for a total fee of $147,510 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 Table 3 of Exhibit “A.” 5, DURATION OF CONTRACT This agreement shall extend for a period of two years 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 -3- rev. 8125198 needs. The parties shall prepare extensions in wriiing 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 Wiihin 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 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 forwarded 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 -4- rev. 8125198 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, 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 -5- rev. 8/25/98 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 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 -6- rev. 8125198 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. 14 (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 are incorporated herein by reference. 9% (Initial) 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 -7- rev. 8125198 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 limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMllY TO LEGAL REQUIREMENTS 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. 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, c rev. 8/25/98 -8s 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 Car&bad 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 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 Contractor, 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 Contractor. Nothing contained in this contra’ct shall -g- rev. 8125198 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 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 rev. 8/25/98 -10 - 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. 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-Y’ and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. rev. 8/25/98 -ll- 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. 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 $1,009,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractors profession with limits of not less than $1 ,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. -12- rev. 8/25/98 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 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. -13 - rev. 8/25/98 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: Lloyd B. Hubbs, P.E Address: 2075 Las Palmas Drive Carlsbad, CA 92009-l 576 For Contractor: Tile Senior Vice President Name Keith Gillfillan, P.E. Address 11590 West Bernard0 Ct., Suite 100 San Dieqo, CA 92127 Registered Civil Engineers License Number: 3 04 34 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between 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 a -14- rev. 8125198 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this CONTRACTOR: . d* . ‘* day of j&d*/ / ,I9 ” 77. /3e/;7~~/nleti + &WjhM,.pC (name af Contractor) BYI &(&j--&~? ’ (sign here) d K@lW 6)) 6lN&w, sl, & p/df*I-+ (print name/title) I ATTEST: . . By: @ /?v$& 5, bkvt/ /I@& (print time/title) ’ KA&N R. KUNDTZ, Assistant 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 Attorney BY -15 - rev. 8125198 ~CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On 6%-l c g, I!?? r? before me, Date 1 Name and Tile of personally appeared LIT-~ GiUi=ru~-~ ,sd’ Name(s) of Signer(s) Cl personally known to me - OR - &ved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that Mat&they executed the same in his/her/their authorized capacity(ies), and that by l%e&e+/their signature(s) on the instrument the person(s), CARL R. KRUSE or the entity upon behalf of which the person(s) acted, hand and official seal. ’ “’ --L Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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(s) Signer’s Name: 0 Individual Cl Corporate Officer Title(s): Cl Partner - 0 Limited 0 General Cl Attorney-in-Fact q Trustee 0 Guardian or Conservator q Other: Signer Is Representing: Top of thumb here Signer’s Name: Cl Individual 17 Corporate Officer Title(s): •! Partner - 0 Limited q General 0 Attorney-in-Fact q Trustee cl Guardian or Conservator 0 Other: Signer Is Representing: fop of thumb here 0 1995 National Notary Association l 6236 Remmet Ave , P.O. Box 7164 - Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 EXHIBIT “A” - FEE SUMMARY ALGA ROAD STREET LIGHTING AND LANDSCAPING Project Alga Road Street Lighting Landscape and irrigation Altisma Way Landscape and Irrigation Direct Expenses Street Lighting Landscaping ALTISMA WAY LANDSCAPING March 1,1999 Fee $36,153 $80.888 Subtotal $117,041 $17,912 $2,157 $10.400 Subtotal Total Budget $ 12.557 $147,510 Note: The base map prepared for the Alga Road Street Lighting will also be used for Landscape and Irrigation Plans. The fee for preparation of the base map has been allocated 30% to electrical, 70% to landscaping. * One (1) Environmental Impact Assessment Form will be completed addressing both projects. 30% of the fee has been allocated to the electrical project and 70% to landscaping. Kkiinkelthblga RmadU3hibit Ada EXHIBIT “A-1” -, - Project #3616 - Alga Road Street Lighting Tables 1 through Table 3 define the Cii Plancheck Milestones, the timing and requirements of each submission, and the fee allocation per submittal milestone. II TABLE 1. TIMING OF SUBMISSION MILESTONES Elapsed lime 30% 70% 40 Calendar days after 30 calendar days aRer written Notice to Proceed. return of 30% plancheck. SO% 20 calendar days after return of 70% plancheck. 100% 14 calendar daya after retunlof9o%pbMlcheck. MILESTONES PLANS SPECIFICATIONS OTE: I Green Book format used throughout document for each milestone. ) use MS. word format throughout. TABLE 2. REQUIREMENTS OF SUBMISSIONS 30% 70% Pretiminary street lighting Full and comdete plans FllflBid+MCQpta~Mth fayoutonbasesheetsforeach vwithconectiinsmd comctbm and p&heck projectperScopeofWork. planchecksstl. Bet2. 0 llcopies 0 11Copies l llcqia Index and outline of all First rowh dnft of entire Final dratt of entire set categories for SDecial set of Specifiiionp of Specifications Provisions, 0 llcopies 0 11cqlies l Sameaaloo%. excepting M.S. Word 0 llc@es 100% l PhMoorinkonmylar ready for City Engineer slgnatufe. 0 llcopiels ~readytextofthe folbwing: signature. 0 M.S.Worddlsk. 0 speoiar-to stand8rdspeoiRatlons for Publllworks constNcRon. l Standard Refersnce Drawing8andIor Utility -Drswingc. 0 llcepie!s OS1 ESTIMATE 3TE: se Excel format. Scoping estimate I 25% 0 llcopies Oetaii esttmate I 10% Final draft in bid set SamerW%. Nofurther format I 10% &ii. 0 llcopies 8 llcopies .Ercddisk l 1lCapies k:\wordproc\civiluteithblgaroad~xhibii A-l .xls . EXHIBIT “A-2” - Project #3637 - Alga Road Aftisma Way Medians Tables 1 through Table 3 define the City Plancheck Milestones, the timing and requirements of each submission, and the fee allocation per submittal milestone. MILESTONES Elapsed Time TABLE 1. TlMlNG OF SUBMISSION 30% 70% 9OYo 100% 40 Calendar daye after 60 calendar daye after 4oulendarday6Pfter 3Ocaiendardaysafter written Notice to Proceed. retumof3O%ptancheck. retumof7fHbpkmcheck. return of 90% pbncheck. MILESTONES PLANS SPECIFICATIONS OTE: ) Green Book format used throughout document for each mile&one. .) use MS. word format throughout. OS1 ESTIMATE OTE: se Excel format. TABLE 2. 30% I 11Ccpiee ndex and outline of all ategories for Soecial Vovieions~ B 11Copiee -ping estimate 8 25% B 1lCopiee lEQlJlREMENTS OF SUI IO% :ull and pomdete plane with cwrectii and &mcheck eet 1. D 11Copiee +st mush draft of entire et of &ecificatione D llcbpiee betailed estimate B 10% B llccpiee WSSIONS -and*- bet 2. -Ullpd+SSdyploll6With l 11Copiea Rnal draft of entire set ,f &sdlcatiis l Sameae100%, !xcepting MS. word l 11Copii I ready for City Engineer 100% signature. 0 Photoorinkonmytar a 1lCopiee Bwreadytextofthe fotbwing: BiglWltU~. 0 M.S.Worddi8k. l spedPKwisiormto standard S~H=DtioM for Publii work8 constNctlon. . StandardRefemnce Drawings and/or Utility Company Drawings. l 1lCopiee +ratdraftinbkteet ormat I 10% D 1lCopiee Same as 90%. No further a&on. l Exceldisk 0 1lCoptt TABLE 3. SUBMllTAL MILESTONE VS. FEE ALLOCATION MILESTONES 30% 70% 90% 100% Tasks Fee * l * * Project f5,999.m 31% $1,636.00 23% s1,364.Ocl 23% si ,394.m 23% $1364.00 Management Field Survey $6,991.00 90% $6,091 .m 10% s9m.m 8 Base Map (70%) E/A (70%) $1,612.00 100% $1,612.00 Alga Road 569,134.m 24% $16592.00 35% 524,197.m 22% $15,209.W 19% s13,136.m Altiima Way $12,675.00 33% S4,249.00 26% 53805.00 21% $2,704.00 -16% $2,317.00 Direct Costs $10400.00 22% $2300.00 22% s2,300.00 22% $2300.00 34% s3,5mm TOTAL FEE slo9,2m.m MAXIMUM PAYMENTS I I $33,068.00 I $34,196.00 I s21.597.00 I Oa szo,337.00 =il LEGEND * Percentage of Fee Allocated * Upon City Engineers Signature of Plane k:\wordprcc\civiNreithblgaroad~xhibii A-2.xfe Updated: 3!2/99 EXHIBIT “B-1” ALGA ROAD STREET LIGHTING - PROJECT NO. 3616 ALGA ROAD AND ALTISMA WAY MEDIANS - PROJECT NO. 3637 March 1,1999 SW $kV~SSP *w.*w$*w & . / ., : .exgywfq~~~~~~~~S$~S~ .,+ .:~w$yx$yf?q , : , . .F. . . ‘I<. . :qsyw~~~~ . 9”. ; : : :* : . . . . .: .._ .::’ 3.. 3’ ::: : :j: : :” . . . . . y.wg$ ~~~~~~~~~~E~~~~~l:~~~~~~~u~~~~~~ w $7: $. ..;.:. . ..+ ,.. :...; .& . . ..*.. .> : :.:. . . . . . . . . 5. . . 5> .>: ~~.~~~~..~~.%~.~.~,~,.~. ..c> ‘. j ..$q&.; _ <& .& i g .::: 9 :.. : .; .g ,., ‘$ . .._ -.ff ._ ‘1. z .; . . ‘S<% ~ p ‘;. ..A ,$,..:.. . . . . . . . . s . . ,.& . . . . . . . ,.~~.~~~~~~.~~.,~~~~~~.~..,..,~...~..~~,~~~~~~.~. . . . :.. . ;.. . . . . ..:::. I _ >$< . . . . $j . . . . . :z:.: ..+:::::.. . __ ..::, . . . . . f &.& ,:... ::+ 2.. &..& .,... . ” The proposed project consists of two different elements of work at approximately the same locations as follows: Elements of Work Location Length Location Within Street 1. Street Lighting. Alga Road (El Camino to El Fuerte) 1.8 miles North/South 2. Landscape and l Alga Road (El Camino to El Fuerte) 1.75 miles Existing Irrigation l Altisma Way (Alicante to Caringa) 370 feet median A more detailed description of the work to be performed at these locations includes: Street Lighting - Alga Road 1. Removal of approximately 37 existing streetlights. 2. Installation of approximately 30 new 200 HPS streetlights to meet minimum City standard. 3. Installation of new conduit, and conductors to service new streetlights. 4. Provide power supply to irrigation controllers. Landscape and Irrigation Alga Road - Altisma Way 1. Removal of dying and unsightly trees and shrubs. 2. Installation of stamped concrete as directed by the City. 3. Installation of new median island trees and shrubs per City streetscape theme or as agreed upon by neighborhood workshop. 4. Installation of new irrigation system. Assumptions The following assumptions have been made in preparing the Scope of Services contained in Exhibits “C-l” and ‘C-2” 1. One set of plans, specifications and cost estimates (construction documents) will be prepared for the street lighting and median island improvements. However, two (2) construction phases will be delineated for the Landscape Improvements to Alga Road. 2. The P.S.&E for the median island improvements on Alga Road and Altisma Way and Alga Road electrical improvements will be combined with the previous Alga Road sidewalk project (Project No. 3560). 3. Separate cost estimates will be prepared for each element of work (Alga Road - Electrical and Landscape, Altisma Way - Landscape. 4. The existing street light conduit will be replaced in its entirety. Kiciihkellhbl~ RoadlExhibil Bldoc EXHIBIT r‘B-l” ALGA ROAD STREET LIGHTING - PROJECT NO. 3616 ALGA ROAD AND ALTISMA WAY MEDIANS - PROJECT NO. 3637 March 1,1999 Assumptions Con?. 5. City will provide the following: a. Soil horticultural analysis and/or testing b. Processing of the Environmental Impact Assessment Form. c. Copies of pertinent street plans that depict existing site conditions 6. The following are excluded from the Scope of Services: a. Striping Plans b. Curb and Street Improvements Plans (except median curb) c. Construction staking d. Traffic signal relocation or modifications e. Grading and drainage plans (except for minor median drainage) f. “As-Builts” Plans 7. The following items will be performed on a time and material basis: a. Construction support services - bid support, construction observation/inspection and “As-Built”. Wilucailh\plg~ RoadExhibit El .doc c ” EXHIBIT “C-l” PROJECT NO. 3616 ALGA ROAD STREET LIGHTING SCOPE OF SERVICES March 1,1999 rdinate and facilitate no less Team. Meeting times are flexible and may occur more often depending upon the level of activity e updated on a monthly basis. - Monthly Update of curreni ities only (8 l/2” x 11” 1.1.3 Coordination and Research Coordinate with SDG&E for service point location and ltant will research and obtain copies of all existing street ility plans to ascertain location of respective underground 1 .1.4 Environmental Impact Assessment Form Consultant will complete the City standard EIA form and submit fo processing and approval. 1.2.1 Base Mapping le (1”=20’). The base mapping wil and merge the right-of-way file with the base map right-of-way and utilities 1 k:\CivinKeithV+lga RaMExttibit Cl TABLE 1 (CONTINUED) TASK DESCRIPTION survey time to tie-in e proposed improvements the proposed street lighting locations per City standard and indicate removal of existing (37). Street lights will be 200 HPS mastarm mounted along with the necessary conduit and conductors. Plans will depict service point locations and power to Consultant will revise the preliminary plans f30 %) based upon input and comments received and produce a final set of bid documents for the project. Progress submittals will be revised based upon comments from each submittal. Plans will include: - Eleven (11) copies each Typical street section and detailed sheet 7 street plan view only sheets - Standard reference drawings and/or utility company drawings - Photo or ink mylar ready k:ClN(cimUlpr RoadtGhibit Cl EXHIBIT “C-2” PROJECT NO. 3637 ALGA ROAD AND ALTISMA WAY MEDIAN LANDSCAPING SCOPE OF SERVICES March 1,1999 may occur more often The Project Schedule will be updated on a monthly basis. 2.1.3 Coordination and Resewch Coordinate with SDG&E for service point location and Consultant will research and obtain copies of all existing street 2.1.4 Environmental Impact Assessment Form Consultant will complete the City standard EIA form and submit fo 2.2.1 Base Mapping Consultant will - Base map generated in an AutoCAD format, at “=20’). The base mapping wil 2.2.2 Right-of-Way Delineation B&H will generate an existing right-of-way plot from record ght-of-way file with the base map - Composite topo base map reflecting existing right-of-way and utilities the identified utility companies will be notified of osed improvements. 1 k%iiNCeithWga RoadExhibit C-Z City May 17,1999 Berryman & Hennigar Keith Gilfillan, P.E. I 1590 West Bernard0 Ct. Ste. 100 San Diego, CA 92127 ENOINEERINC3’S&jVI~ES AGREEMENT FOR PHASE t & II STREET ~~@=fTl~(3’AN~ ‘MEDIAN LAPiDSCAPE DESIGN ON ALGA RD. AND ALTJSMA WAy,(LANDSCAPE ONLY) PROJ. 36161 AND 36371 Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,176, and Resolution 99-l 59. These documents went before the City Council on May 11,1999. Also enclosed is a fully executed original agreement for your files. If you have questions concerning your project please contact Mr. Galen Peterson in the Engineering Department, at (760) 438-l 16. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @