HomeMy WebLinkAbout2000-04-11; City Council; 15693; Fraser Engineering Contract, ‘.
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CITY OF CARLSBAD - AGENDA BILL
46# is, 693 TITLE: APPROVAL OF CONSULTANT AGREEMENT WITH DEPT. HD.
FRASER ENGINEERING, INC. FOR ENGINEERING SERVICES
VlTG. 4/l 1100 FOR COLLEGE BOULEVARD FROM EL CAMINO REAL TO E CITYATTY. l CANNON ROAD, PROJECT 36362, AND CANNON ROAD FROM
DEPT. ENG COLLEGE BOULEVARD TO THE CONNECTION IN OCEANSIDE,
PROJECT 36821, AND ADDITIONAL APPROPRIATION OF FUNDS
RECOMMENDED ACTION:
Adopt Resolution NO. 2 000 --I 16 approving a consultant agreement with Fraser Engineering, Inc. for engineering services for College Boulevard from El Camino Real to Cannon Road, Project 36362, and Cannon Road from College Boulevard to the connection in the City of Oceanside, Project 36821, and an additional appropriation of funds.
ITEM EXPLANATION:
Staff is currently in the process of preparing a report which can be used to form proposed Bridge and Thoroughfare District No. 4 (B&TM) for the construction of College Boulevard and Cannon Road. This report will include the estimated cost of construction, right-of-way, environmental mitigation requirements, engineering, legal and other costs associated with the construction of College Boulevard and Cannon Road. The Calavera Hills developer is cooperating with city staff by designing and proposing to construct a portion of the improvements including College Boulevard from Cannon Road northerly to Carlsbad Village Drive (Reaches B & C) and Cannon Road from El Camino Real to College Boulevard (Reach 3) for which they will be reimbursed from B&TD##4 funds. The City will provide the design for the remaining portion of the improvements including College Boulevard from El Camino Real to Cannon Road (Reach A) and Cannon Road from College Boulevard to the connection in the City of Oceanside (Reach 4).
The Engineering firm of Fraser Engineering, Inc. has prepared a preliminary design for planning of Reach A and Reach 4 and participated in discussions with property owners in B&TD#M The firm has also obtained the topography and performed the preliminary planning of Reach A and Reach 4 as a part of proposed B&TD#M. Therefore, this firm has specific knowledge of this project and is
uniquely qualified to provide the remaining engineering services for Reach A and Reach 4. If
another engineering firm were selected, they would have to also obtain the topography resulting in delay and increased engineering costs. For these reasons, the purchasing officer has waived the requirement for multiple proposals. The proposal from Fraser Engineering, Inc. has been reviewed by staff and is acceptable.
The City’s agreement with the consultant will only include the 30 percent submittal, as described in the attached consultant agreement, Exhibits A and B. The 30 percent submittal includes the conceptual design to obtain additional information for the preparation of environmental documents (Phase I), environmental analysis (Phase II) and cost estimate for B&TDW for Reach A and Reach 4. The scope of the 30 percent submittal will define the ultimate configuration of the future improvements. The remaining engineering services described in Fraser Engineering’s proposal will not be considered until the Environmental Impact Report currently being prepared by RECON is complete and a Notice of Determination is filed.
Staff recommends that the City Council approve the attached consultant agreement with Fraser Engineering, Inc. for engineering services to complete the 30 percent submittal for this project and approve additional appropriation of funds.
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 the scope of work for the 30 percent submittal regarding CEQA is defined as Class 6, Information Collection, and is categorically exempt from CEQA. The remaining engineering services described in Fraser
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I, . Page 2 of Agenda Bill No. / 5, b 73
Engineering’s proposal will not be considered until the Environmental Impact Report currently being prepared by RECON is complete and a Notice of Determination is filed.
FISCAL IMPACT:
The total fee for engineering services, as shown in the proposal from Fraser Engineering, Inc., is
$790,727.80; however, only the 30 percent submittal, amounting to $242,884 plus $44,668 of
potential additional services for a total of $287,552, is included in the attached agreement with
Fraser Engineering, Inc. A summary of the currently proposed costs is as follows:
30 percent submittal
Project Project
3636-2 3682-l
College Cannon
Blvd. Rd.
Reach A Reach 4
$105,332 $137,552
Total
$242,884
Potential additional services $ 24,668 $ 20,000 $ 44,668
Project Management Consultant Services
SUBTOTAL ENGINEERING SERVICES EEt
$ 6
K%i
Available Appropriation !§650:000
ADDITIONAL APPROPRIATION $150,000 $ 0
Staff recommends an additional appropriation of $150,000 from the General Fund to the General
Capital Construction Fund for this project. Sufficient funds are available in the General Fund.
The City has previously loaned $200,000 for formation costs to the proposed Bridge and
Thoroughfare District No. 4. This additional appropriation of $150,000 will also be recorded as a
loan from the General Fund and will be repaid from fees generated from the proposed B&TM.
B&TD #4 is expected to be formed at the end of this year and is proposed to fund $27.1 million of
improvements to College Boulevard Reaches A, B and C plus Cannon Road Reach 3. The City is
pursuing various grants and other funding to pay for Cannon Road Reach 4 which is not in B&TD #4
because no development will occur in this area.
EXHIBITS:
1.
2.
Location Map
Resolution No. a 600 - I/ 6 approving a consultant agreement with Fraser Engineering, Inc. for engineering services for College Boulevard from El Camino Real to Cannon Road and Cannon Road from College Boulevard to the connection in the City of Oceanside and an additional appropriation of funds.
3. Consultant agreement for Fraser Engineering, Inc.
LOCATION MAP
NOT TO SCALE
PROJECT NAME EXHIBIT BRIDGE & THOROUGHFARE DISTRICT NO. 4 I m”r 3
April 11,200O
MEMORANDUM
To: Ray Patchett
Cindee Hollingsworth
Lloyd Hubbs
David Hauser
Belinda Guzman
From: Galen Peterson
SUBJECT: AGENDA BILL FOR 4/l 1100 COUNCIL MEETING
APPROVAL OF CONSULTANT AGREEMENT WITH FRASER ENGINEERING
FOR ENGINEERING SERVICES FOR 30% DESIGN OF COLLEGE BLVD AND
CANNON RD.
Belinda Guzman asked me to respond to a question that arose during the agenda bill briefing
yesterday regarding the subject agreement. The question was “How will the design of Cannon
Road impact the New Venture Church parking lot?”
The environmental impact report being prepared at the present time by RECON indicates that
the alignment of Cannon Road needs to be changed in the vicinity of its easterly connection in
the City of Oceanside due to the impact on riparian woodlands. This realignment will require
additional right-of-way from the New Venture Church in the City of Oceanside. This additional
right-of-way will eliminate approximately 20 to 25 existing parking spaces that will be replaced in
another area of the church’s property.
We have had preliminary discussions with the Peter Weiss, City Engineer of the City of
Oceanside, and the pastor of the church, which indicate that a solution can be worked out during
the 30% design submittal.
CA - CC /
DATE ccp( MANAGER
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RESOLUTION NO. 2000-l 16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH FRASER ENGINEERING, INC. FOR
ENGINEERING SERVICES FOR COLLEGE BOULEVARD FROM
EL CAMINO REAL TO CANNON ROAD AND CANNON ROAD
FROM COLLEGE BOULEVARD TO THE CONNECTION IN
OCEANSIDE AND ADDITIONAL APPROPRIKRON OF FUNDS
~ WHEREAS, the level of activity contained in the scope of this project for the 30 percent
submittal regarding CEQA is defined as Class 6, Information Collection, and is categorically
exempt from CEQA; and
WHEREAS, the City of Carlsbad is currentty preparing an Environmental Impact Report
for this project and the remaining scope of this project will not proceed until a Notice of
Determination is filed; 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, Fraser Engineering, Inc. was selected as uniquely qualified to perform 30
percent submittal engineering services for this project for a fee of $242,883.50 plus potential
additional services of $44,668.50 for a total of $287,552; and
WHEREAS, the consultant agreement with Fraser Engineering, Inc. has been prepared
and submitted herewith.
WHEREAS, additional funds are required to pay for this project.
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 Fraser Engineering, Inc. for 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.
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3. Following the Mayor’s signature of the agreement, the City Clerk is further
authorized and directed to forward copies of said agreement to Fraser Engineering, Inc. and to
the Engineering Department, Design Division for their files.
4. That the additional appropriation of $150,000 from the General Fund to the
General Capital Construction Fund for this project is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 11th April day of I 2000 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Fitinila and Kulchin
NOES: None
ABSENT: Council Member Nygaard
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ATTEST
(SEAL)
AGREEMENT FOR
DESIGN ENGINEERING SERVICES FOR
CANNON ROAD, REACH 4, AND COLLEGE BOULEVARD, REACH A,
IN BRIDGE AND THOROUGHFARE DISTRICT NO. 4
THIS AGREEMENT is made and entered into as of the -.fl&dayof
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2000, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and FRASER ENGINEERING,
INCORPORATED, a California corporation, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of an engineering Contractor to provide the necessary
professional engineering services for preparation of plans, specifications, cost
estimates and related services; 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 with this agreement is only the 30 percent
submittal as described in Exhibit “A” and “B” as follows:
0 Exhibit “A” - Consisting of Tables 1, 2 and 3 shown on 3 pages.
0 Exhibit “B” - Proposal from Contractor, consisting of 6 pages.
rev. 12/28/99
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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 begin within ten (10) days after receipt of
notification to proceed by the City and be completed in accordance with Table 1 of
Exhibit “A” attached. 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 30 percent services to be performed shall be
$242,883.50 plus potential additional services of $44,668.50 for a’total of $287,552. 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.”
rev. 12128199
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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 two 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.
within
7.
PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
30 days of receipt of the invoice.
FINAL SUBMISSIONS
Within five (5) working days of completion and approval of the plans,
specifications, cost estimate and right-of-way documents, via City Engineer’s signature
on the plans, the Contractor shall deliver to the City the following items:
A. All items described in Table 2 of Exhibit “A” attached.
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
rev. 12/28/99
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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,
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
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rev. 12/28/99
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
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 arid 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
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rev. 12/28/99
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
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. /?zi/~ + Is@-
nitial) (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.
(Initial)
13. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent 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
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rev. 12128199
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
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to 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 herein
required are the property of the City, whether the work for which they are made be
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rev. 12128199
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.
17. 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.
18. 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
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.
19. 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.
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 or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
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rev. 12/28/99
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.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSl,GNS
Subject to the provisions of Paragraph 18, “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.
rev. 12128199
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24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
25. 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.
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 for
insurance as stated in Resolution No. 91-403.
A. Coverages 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:
rev. 12128199
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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 ,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 $1,000,000 per claim. Coverage
,shall be maintained for a period of five years following the date of completion of the
work.
9. 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.
rev. 12128199
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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.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title
Name
Address
For Contractor: Title
Name
Address
Architect/License Number:
Deputy City Engineer, Planning & Programs
David Hauser
1635 Faraday Avenue
Carlsbad, CA 92008
President
Graham T. Fraser, R.C.E.
2191 El Camino Real, Suite 208
Oceanside, CA. 92054
Reg. Prof. Eng. 27616 California
rev. 12/28/99
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2%. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the
subject matter hereof. In case of conflict, the terms of the agreement supersede the
purchase order. 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
CONTRACTOR:
FRASER ENGINEERING, INC., a California corporation
By:
Graham T. Fraser, R.C.E., President
(sign here)
Ann H. Fraser, Chief Financial Officer (print name/title)
+Y of A%/& ,2000.
ATTESh
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Othervvise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bmd the corporation.)
rev. 12/28/99
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STATE OF CALIFORNIA
COUNTY OF San Dieqo
1 )ss.
J
on March 29, 2000 , before me, Joan Miller,. Notary Public ,
personally appeared Graham T. Fraser and Ann H. Fraser
. personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(ll-115 area lor ofhal nolarral seal)
San Diego County
I I
Title of Document
Date of Document _
Other signatures not acknowledged
:No. of Pages
3008 (I:941 (General)
Ftrst Amermn Tulle lmrrance Ccppaq’
EXHIBIT A
TABLE 1
Table 1 defines the City Milestones and time of each submission, and the fee allocation per submittal milestones.
I Milestones I 30 Percent I 70 Percent I 90 Percent I 100 Percent
Elapsed Time 105 calendar days after
approval of contract.
105 calendar days after 45 calendar days after 45 calendar days after
return of 30 percent return of 70 percent return of 90 percent
(30%) plancheck from all (70%) plancheck from all (90%) plancheck from all
City departments. City departments City departments.
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EXHIBIT A
TABLE 2
Table 2 defines the City Milestones and requirements of each submission, and the fee allocation per submittal
milestones.
Milestones
SPECIFICATIONS
NOTE
1. Green Book format
used throughout
document for each
milestone.
2. Use MS Word format
throughout.
OPINION OF COST
NOTE:
Use Excel format
PLATS AND LEGALS
NOTE:
Use MS Word format
30 Percent
Schematic Design.
l Grading and
Improvement plans
showing that the most
important elements of
design are worked out
in.
l 12 copies
DETAILED OPINION OF
COST
. Accuracy - 10
percent (10%)
l 12 copies
DRAFT OF PLATS &
LEGALS FOR ALL
TAKES AND
EASEMENTS
l 3 copies
70 Percent
Full and complete plans.
. Grading and
improvement plans
showing all proposed
improvements
including utility
relocations
l 12 copies
First rouoh draft of entire
set of Specific
Provisions.
DETAILED OPINION OF
COST
. Accuracy - 10
percent (10%)
l 12 copies
FINAL PLATS &
LEGALS
30daysafterCity
approves all property
takes
l 3copies
90 Percent
Full bid-ready plans with
corrections and plan-
check set 2.
l 12 copies
Final draft of entire set of
Specific Provisions.
+ Same as 100 percent
except MS Word disk.
FINAL OPINION OF
COST
l Drafting Bid Set
Format
. Accuracy - 10
percent (10%)
12 copies
100 Percent
l Photo or ink on mylar
ready for City
Engineer signature
and 3.6” disks in
AutoCAD v.14.
l Ei copies
Bid-ready text of the
following:
l MS Word disk.
. Special Provisions to
Standard
Specifications for
Public Works
Construction.
l Standard Reference
Drawings and/or
Utility company
Drawings.
l 12 copies
SAME AS 90 PERCENT
l One (1) Excel disk.
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AITACHMENT ‘A’
FRASER ENGINEERING, INC.
Standard Compensation Rate Schedule
City of Carlsbad As Needed Civil Engineering Services
Effective January I, 2000
ENGINEERING & PLANNING SERVICES: COST/HOUR
Chief Engineer/Company Principal $140.00
Principal Engineer 120.00
Senior Engineer 114.00
Engineer 94.00
Associate Engineer 83.00
Assistant Engineer 70.00
Engineering Technician IV 83.00
Engineering Technician Ill 78.00
Engineering Technician II 63.00
Engineering Technician I 57.00
SURVEYING SERVICES:
Principal Surveyor
Senior Surveyor
Surveyor
Survey Technician IV
Survey Technician Ill
Survey Technician II
Survey Technician I
120.00
114.00
94.00
83.00
69.00
63.00
57.00
4-Man Field Survey Crew l 250.00
3-Man Field Survey Crew l 208.00
P-Man Field Survey Crew l 156.00
l-Field Crew ‘99.00
INSPECTION SERVICES:
Principal Inspector
Senior Inspector
Inspector Ill
Inspector II
Inspector I
l 120.00
‘94.00
l 7a.o0
‘63.00
57.00
OFFICE SUPPORT SERVICES:
Office Engineer/Project Coordinator
Office Technician II
Dffrce Technician I
70.00
40.00
32.00
MISCELLANEOUS SERVICES AND EXPENSES
Expert Testimony/Court Appearance
Forensic Engineering
CADD Equipment Usage
Computer Usage
Microfiche Services
Mileage
Subsistence
Outside Services
Material and Other Expenses
‘225.00
‘135.00
‘*25.00 l *io.oo
l *10.00
0.35/mi
cost
cost + 15%
cost + 20%
NOTES: Hourly billing rates include overhead, profit, employee fringe benefits, including sick pay, vacation, holidays, social
security, medical benefits, pension, Workman’s Compensation, and State and Federal Unemployment Tax, etc. All rates are
subject to change without notice. Rates indicated above are for Prevailing Wage projects. Overtime is defined as the excess above
8 hours on weekdays and all Saturdays, Sundays and holidays. Hourly rates indicated shall apply to all travel time. Rates are
subject to annual adjustments on January 1 of each year.
l 4 Hour Minimum H 1 Hour Minimum
February lo,2000 120-14-06.lOYOO-013
EXHIBIT B
CAD0
Services
Civil Engineering
Construction
Managemenl
CJa~lopm~nf Planning
Flood Confrol
and Drainage
Plan Check
Services
Project Mapprng
SOWlCI3S
Public Works
Planning
Right of Way
Services
Sanitary
Engineering
Street and Highways
Strucfural
Engmeenng
Surveying
Traffic
Planning
Transportation
Engineering
Water
R9clamahonl
Reuse
Mr. David Hauser
Assistant City Engineer
City of Carlsbad
Public Works - Engineering
2075 Las Palmas Drive
Carlsbad, CA. 92009-l 576
SUBJECT: 2nd REVISED Proposal for Consulting Services:
Design Services in Support of Proposed Bridge and Thoroughfare District
No. 4 (Cannon Road - Reach 4 and College Boulevard - Reach A).
Dear David:
Based on your request, we have assessed the status of the proposed Bridge and Thoroughfare
District No. 4 for the purposes of preparation of a scope and related fees for the completion of
plans, specifications, and cost estimates (PS&E’s) for portions (Cannon Road - Reach 4 and
College Boulevard - Reach A) of the “District”. This revised proposal follows our January 10, 2000
proposal and includes changes regarding the Aqua Hedionda Bridge over College Boulevard and
several other modifications resulting from discussions with Mr. Galen Peterson. The following
represents the scope of services necessary to complete the PS&E’s for Cannon Road - Reach 4
and College Boulevard - Reach A. This proposal is based on the preferred alignment chosen in the
E.I.R. currently being developed by RECON for the Bridge & Thoroughfare District No. 4. If, as a
result of the 30% design milestone, this alignment is required to be changed, we reserve the right
to amend our proposed fees for subsequent submittals. Exhibit A attached hereto summarizes our
cost proposal for the Basic Design Services. The scope of the project is described in the following
task descriptions:
Task 100: Project Coordination and Meetings
In addition to coordinating with Galen Peterson, we expect to be coordinating and meeting with
O’Day Consultants, Planning Systems, Recon, City of Carlsbad staff, Rick Engineering, City of
Oceanside staff, Bob Ladwig, property owners, New Venture church staff, et.al. Task also includes
planning and coordination with/by Fraser Engineering’s staff and our subconsultants.
Task 200: Design Surveys:
This task includes field topographic surveys along the alignment centerlines and construction limits
to provide detailed information necessary for final design that has not been surveyed to date.
Design information includes trees, fences, roadways, utilities (including invert elevations), and
other visible surface features that may impact final design. Task also includes plotting field data on
working drawing.
2191 El Camho Real. Suite 2Of3, OceansMe, Catifomta 92054 . (760) 722-3495 l iax (760) 722-3490
411182ndStreet, Sacramento, Cathnia95826*(916)489-1390*&x(916)457-1817
C Mf David i-Ifi!,?ei- &,sed Pqmk?l for Co/mlti/lg s&vice,,
Design Semces m Suppo!? of Proposed Bridge R Thorouqhfare D~Wict No 4
Page 2
Task 300: Geotechnical investigations and Reports: This task includes field investigations of the proposed
alignments using trench excavations, small diameter auger borings, and large diameter drilled borings. The
investigations will evaluate geologic and seismic hazards, liquefaction potential, consolidation settlement, slope
stability, and rock rippability. The written report will describe results of the field investigations and include
recommendations for bridge footings, retaining wall design parameters, general grading specifications and
guidelines, recommended compaction practices, and pavement design sections. The field investigations will
require site access, limited brushing and clearing, and drilling rig access. The access for drilling rigs may require
“pioneering” trails using a small dozer. We are assuming the City of Carlsbad can and will obtain access and
permission for this procedure. The fee for the Geotechnical services needed for the design of the Agua Hedionda
Creek bridge are $17,000.00.
Task 400: Hydrologic, Hydraulic, Scour, and Fluvial Studies:
This task includes designation of drainage basins affecting the project and storm runoff associated with these
basins. Calculations include: sizing for the storm drainage system within the roadway including pipes and inlets;
and sizing and inlet/outlet details for culvert crossings. Task does not include hydrology or hydraulic studies on
Calaveras, Little Encinas, and Aqua Hedionda Creeks, which we assume is to be provided to us. A scour and
fluvial study is planned for the Agua Hedionda Creek bridge. The cost of this study is $1 I ,OOO.OO. A final
drainage report will be prepared which presents calculations, assumptions, results, and recommendations of the
hydrologic and hydraulic studies. It is assumed that Detention Basin BJ will be designed by others except for the
rip rap on the east slope of College Boulevard.
Task 500: Agua Hedionda Creek Bridge:
This task includes design and details of a 100 - 135 foot bridge crossing Agua Hedionda Creek (College
Boulevard - Reach A) based on hydrologic studies recently prepared by Rick Engineering, and the scour and
fluvial studies noted in Task 400. An independent bridge check at the 70% submittal can be provided as an
additional service for $IO,OOO.OO. Also, a budget estimate of $IO,OOO.OO should be allowed for construction
support services during construction of the bridge.
Task 600: Retaining Wall Structures:
This task includes design and details of the proposed retaining wall structures on Cannon Road - Reach 4 near
the City limits to avoid impacting Little Encinas Creek. This design task is limited to “standard” type retaining
walls (crib or concrete) and does not include aesthetic type walls (Keystone, etc.). Specifications for the retaining
wall structures are limited to “Greenbook” references based on the “standard” design. If other than “standard”
type retaining wall is found to be required, this can be provided as an additional service for $3,800.00.
Task 700: Preparation of Improvement Plans:
This task includes design and plan preparation for the improvement plans for Cannon Road - Reach 4 and
College Boulevard - Reach A. Plans to be prepared in plan and profile format at I” = 40’ horizontal and I” = 5’
vertical scale in AutoCAD Release I4 format. Plan size will be 24” x 36” and will include the following:
I. Street Improvements (Plan View): Plans to include horizontal representation of design including:
l Alignment of centerline, right of way, and easements;
l Alignment of curb, gutter, median curb, and sidewalks;
l Horizontal curve data;
l Typical sections;
l Driveways, curb returns, and ADA ramps;
l Top (toe) of cut (fill) slopes;
l Location of guardrail and K-rail;
l Signing and striping;
l Location of street lights;
l Transitions to drawings prepared by others i.e. intersection of College/Cannon, drainage
improvements, etc.;
FRASER
ENGINEERING. INC.
Revmd Proposa! fo/- Coiiwit~i~g Sewice
Des/grl Swvices I!: Support of Proposed Bridge 8 Thoroughfare D/stnct No 4
Page 3
l Location of traffic control devices and structures (intersection signalization to be designed by
others). If a traffic signal design is required at the intersection of College Boulevard and Cannon
Road, this design can be provided as an additional service for $S,OOO.OO. If modifications are
required to the existing traftic signals at the intersection of Cannon Road and Mystra Street in
Oceanside, our budget estimate for this work is $3,000.00;
l Landscape and irrigation of cut/fill slopes (does not include medians);
l Irrigation sleeves for medians;
0 Location of retaining walls.
2. Street Improvements (Profile View): Plans to include vertical representation of design including:
l Vertical curve data;
l Sight distance;
l Existing and proposed grades;
l Retaining wall heights and profiles;
l Slopes of proposed improvements;
l Profile of left and right gutter flowline;
l Major drainage crossings (Aqua Hedionda Creek, etc.)
3. Utility Improvements (Plan View);
l Horizontal location of proposed storm drain improvements including pipes and inlets.
Improvements designed by others (Rick Engineering, O’Day, etc.) will be shown for location only
within the limits of the proposed street improvements;
l Horizontal location of existing utilities based on record data and/or pothole information. Potholing
will be done by the Client based on recommendations of Consultant;
l Horizontal location of proposed “dry” utilities (SDG&E, Pacific Bell, etc.) including lines and
vaults for streetlights.
4. Utility Improvements (Profile View):
l Vertical location of proposed storm drain improvements including pipe and inlet invert elevations,
and length and slope of storm drain lines;
l Utility crossings and clearances.
5. Major Box Culvert at Little Encinas Creek (College Boulevard - Reach A):
Culvert is assumed to be a standard County of San Diego or Caltrans box culvert
NOTE: The box culvert for Calaveras is being designed by Rick Engineering, Inc. and is to be
incorporated into O’Day Engineers plans for the College/Cannon intersection.
l Horizontal location and layout of proposed box culvert;
l Sections of box culvert;
l Details of box culvert.
6. Landscape and Irrigation Plans:
l Horizontal location of proposed irrigation lines and appurtenances;
. Horizontal location of proposed landscape items;
l Details of irrigation facilities, including electrical conduit and wiring.
7. Offsite Improvement Plans (New Venture Church ingress and egress):
l Separate plans for horizontal and vertical revisions to the existing Church ingress and egress
directly impacted by the new Cannon Road construction including;
o Horizontal location of proposed improvements;
o Grading and drainage layout of proposed improvements
o Interface with proposed Cannon Road improvements;
o Other improvements to the internal traffic circulation or changes to the parking lots are
not included in the Basic Services
FUZZIER ENGINEERING, LNC.
CI
Mf Jhwd hi!::cF
Pevis6d P/-o,cmai fo ! (,o;!S:iit,i:CJ .‘,‘81VfYe‘: . Y
Design Zkv~cl;‘~ !i! Suppm: of h-?jxmed Bridge 8 Tt:orGoghfar6? hstnct No. 4
Page 4
8. Offsite Improvement Plans (City of Oceanside):
l Separate plans for Cannon Road within the City of Oceanside city limits and right of way. Plans
to be prepared to City of Oceanside standards and specifications, including horizontal, vertical,
details, and notes.
Task 800: Preparation of Construction Cost Estimates:
This task includes preparation of construction cost estimates based on “take-offs” of the design quantities and
record unit costs for similar type work. Task includes presentation of unit quantities in a spreadsheet format with
item descriptions, units, unit costs, and extended costs. Cost estimates will be updated at 30%, 70%, 90% and
100% plan submittals.
Task 900: Preparation of Project Specifications and Bid Schedule:
This task includes preparation of project specifications (Special Provisions) to be inserted into City of Carlsbad
‘boiler plate” to produce a complete set of contract documents. Specifications will be based on the “Greenbook”,
2000 edition, and will be submitted at the 70%, 90%, and lOO%submittals. The bid schedule shall be based on
the cost estimate spreadsheets. The work to be included in each bid item and the method of measurement for
payment will be described
Task 1000: Preparation of Easement Documents:
This task includes calculation and preparation of easements and right of ways, and preparation of exhibits for:
l Road right of way easement documents;
l Grading and drainage easement documents
l Temporary construction easement documents.
This task is based on thirty six (36) separate legal descriptions and exhibits for College Boulevard - Reach A
and twenty seven (27) separate legal descriptions and exhibits for Cannon Road - Reach 4. Any other legal
description and/or exhibits can be provided as an additional service.
Task 1100: Direct Costs:
Direct costs will include blueline copies at the 30%, 70%, 90%, and 100% submittals plus mylar originals for the
100% submittal. Other direct costs include mileage at $0.31 per mile, postage, etc. Direct costs are assumed to
be 1% of Prime Consultant fees.
Subconsultant Services:
Subconsultants we have chosen for this project are:
l Simon Wong Engineering, Inc.: Agua Hedionda Creek bridge design
l Leighton & Associates: Geotechnical services
l John Hanna Associates: Landscape and irrigation services
l Rick Engineering, Inc.: Scour and fluvial studies for the Agua Hedionda Creek Bridge
All four of our subconsultants have had direct City of Carlsbad experience and we have successfully worked with
each of them on other projects. We have added a 15% markup to the subconsultant proposal fees provided to
us.
FRASER
ENGINEERING, INC.
rcS
Mr. Dawi Hausei
Retif& /%pOst~ for CO/~Sdfi~l~ Sewice..
Design Services !!T Suppot? of Proposeci Erdge b The;ci!ghfa!e Dk8nct No. 4
Page 5
Additional Services:
The following summarizes the potential Additional Services that may be required for this project. Where possible,
for your budgeting purposes, we have assigned an estimated professional fee. Other additional services listed
for which no fee estimate is assigned are included for purposes of clarifying the Basic Services scope. This list of
additional services does not purport to be complete:
l Independent Bridge check for the Agua Hedionda Creek bridge design; $10,000.00
l Retaining wall special design on Cannon Road; $ 3,800.OO
l Traffic signal design at the intersection of College Boulevard and Cannon Road $ 6,OOO.OO
l Traffic signal modifications at Mystra Street in Oceanside $ 3,ooo.oo
l Archaeological testing to determine site “significance” (per site) $ 5,ooo.oo
l Additional easement descriptions and exhibits (assumes three) $ 3,ooo.oo
l Design Engineer assistance during bidding and construction including review of shop drawings,
preparation of as-builts, etc.:
Cannon Road - Reach 4 $30,000.00
College Boulevard - Reach A $20,000.00
Agua Hedionda Bridge $10,000.00
SUBTOTAL $SO,OOO.OO
l Construction staking:
Cannon Road - Reach 4 $SO,OOO.OO
College Boulevard - Reach A $40,000.00
Agua Hedionda Bridge $1 o,ooo.oo
SUBTOTAL $11 o,ooo.oo
TOTAL of known possible Additional Services $200,800.00
Other Additional Services:
Environmental Studies and Permitting. Note: It is the intent of the City that the Environmental Studies
currently being performed by RECON for Bridge and Thoroughfare District No. 4 should address all of
the environmental issues associated with the scope of services discussed herein. FRASER
ENGLNEERING. INC.
Design of water and sewer systems in the roadways
Evaluation and/or redesign of New Venture Church parking lot in areas not directly impacted by the
adjoining Cannon Road for purposes of adding lost parking spaces
Archaeological services if any sites are found to be “significant”
Construction management and/or inspection services
Litigation assistance
Design services associated with relocation of utilities either unknown or not located per record drawings
or reasonable field location techniques
Right of way acquisition
Design/management of mitigated areas
MI- Cawd iic?:ise! - Re Wsud P,r~pcrs~?l fo, cGfW/t//lg Sewfce3;
Design Services !!7 Supper: of Proposed Bridge R Thoroughfare ilwtrict No 4
Page 6
Enclosed is Exhibit A: Tables 1, 2, and 3 described as follows:
Table 1: Timing of Submission
Table 2: Requirements of Submission
Table 3: Basic Design Services Proposal
Also enclosed is our current Schedule of Hourly Rates.
Thank you for the opportunity to provide these services to the City. We are enthusiastic about the project and
looking forward to continuing to work with you and Galen. If you or Galen has any questions regarding this
proposal please contact me at (760) 722-3495.
Respectfully Submitted
FRASER ENGINEERING, INC.
GTFlgc
Enclosure
Copy: Galen N. Peterson, Consultant Project Manager
FRASER
ENGINEERING, INC.
April 18,200O
Graham T. Fraser, R.C.E. President
2191 El Camino Real, Suite 208
Oceanside, CA 92054
RE: AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR CANNON
ROAD, REACH 4, AND COLLEGE BOULEVARD, REACH A, IN BRIDGE AND
THOROUGHFARE DISTRICT NO. 4
At the meeting of April 11,2000, the Carlsbad City Council adopted Resolution No. 2000-l 16,
approving the above referenced agreement..
Enclosed for your record is a copy of Resolution No. 2000-l 16, as well as a fully executed
agreement for your files.
If you have questions concerning the contract, please contact David Hauser, Deputy City
Engineer, at 602-2739.
Sincerely,
&u?
Dee Uhich
Office of the Carlsbad City Clerk
Enclosures (2)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 0 (760) 434-2808 @