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2007-09-11; City Council; 19155; Professional Services Agreement for the Carlsbad Bridge Preventative Maintenance Program
11 CITY OF CARLSBAD - AGENDA BILL AB# 19,155 MTG. 9/11/07 DEPT. ENG PROFESSIONAL SERVICES AGREEMENT FOR THE CARLSBAD BRIDGE PREVENTIVE MAINTENANCE PROGRAM DEPT. HEAD '\£\3' CITY ATTY. (Jjy CITYMGR. <r~^P 2007-236 authorizing the Mayor to execute a Professional Services RECOMMENDED ACTION: Adopt Resolution No. Agreement with T.Y. Lin International for the preparation of the Carlsbad Bridge Preventive Maintenance Program, Project No. 6022, and the appropriation of funds. ITEM EXPLANATION: In 2006, Caltrans notified the cities of San Diego County of a new Local Assistance Bridge Preventive Maintenance Program. The purpose of the program is to help local agencies extend the life of their bridges by performing certain activities that have been pre-approved by the Federal Highway Administration (FHWA). This program is applicable to bridges with spans greater than 20 feet and owned and maintained by local agencies. It is estimated Carlsbad has 30 bridges meeting this criteria. Participation in this program is optional for local agencies. The Caltrans Bridge Preventive Maintenance Program goals are to: 1. Maintain the existing inventory of bridges in a structurally safe and serviceable condition. 2. Correct minor structural defects. 3. Correct minor structural deficiencies early in the bridge's life, rather than wait until a bridge has major problems requiring costly rehabilitation, reconstruction, or replacement. 4. Extend the service lives of existing bridges. 5. Make efficient use of limited resources. The scope of services for this effort includes an inventory of the bridges meeting Caltrans criteria, an inspection of the bridge structure including decks, railings, roadway transitions, and scouring under the structure, a detailed list and related costs for preventive maintenance projects, and a prioritization of future maintenance requirements. The final report will be used to justify future Caltrans funds for preventive maintenance activities. In June 2007, City staff solicited Statement of Qualifications (SOQ's) from structural engineering firms. A total of four qualification statements were received. The SOQ's were evaluated based on project team, team experience, and references and project approach. Based on the ranking of the SOQ's by the selection committee, staff is recommending the City execute a Professional Services Agreement with the firm of T.Y. Lin International for the preparation of the Carlsbad Preventive Bridge Maintenance Program. FOR C/7Y CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 ENVIRONMENTAL IMPACT: The level of activity contained in the scope of the Professional Services Agreement is addressed in Section 15262 of CEQA which provides a Statutory Exemption for feasibility and planning studies. FISCAL IMPACT: The total estimated cost for this project is $110,000 ($93,235 is for the contract with T.Y. Lin International). The City of Carlsbad received Federal authorization to proceed with the preliminary engineering necessary to develop a bridge preventative eligibility list. According to the guidelines of the federal funding program, Carlsbad is authorized to be reimbursed in the amount of $88,530 which was appropriated through the Fiscal Year 2007-2008 budget process. Staff is requesting an appropriation of Gas Tax funds in the amount of $21,470 to complete the project. Sufficient funds are available in the Gas Tax Fund. EXHIBITS: 1. Resolution No. 2007-236 authorizing the Mayor to execute a Professional Services Agreement with T.Y. Lin International for the preparation of the Carlsbad Bridge Preventive Maintenance Program, Project No. 6022, and the appropriation of funds. 2. Professional Services Agreement with T.Y Lin International for the preparation of the Carlsbad Bridge Preventive Maintenance Program DEPARTMENT CONTACT: Steve Jantz, (760) 602-2738, sjant@ci.carlsbad.ca.us 1 RESOLUTION NO. 2007-236 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING 3 EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT TO PREPARE THE CARLSBAD BRIDGE PREVENTIVE 4 MAINTENANCE PROGRAM, PROJECT NO. 6022, AND THE APPROPRIATION OF FUNDS. 5 WHEREAS, the City Council of the City of Carlsbad, California, has determined it 6 necessary and in the public interest to enter into an agreement between T.Y Lin International and 7 the City of Carlsbad, for the preparation of the Carlsbad Bridge Preventive Maintenance Program, Q Project No. 6022; and 9 WHEREAS, the Engineering Department staff solicited, received, and reviewed 10 Statements of Qualifications from structural engineering consultants consistent with Carlsbad 11 Municipal Code Section 3.28.070; and 12 WHEREAS, staff recommends T.Y Lin International as the most qualified consultant for 13 the project; and WHEREAS, T.Y Lin International proposes to prepare the Carlsbad Bridge Preventive Maintenance Program for an amount not-to-exceed $93,235; and 10 WHEREAS, the City is eligible for Federal reimbursement of project costs up to $88,530 16 which was appropriated through the Fiscal Year 2007-2008 budget process; and 17 WHEREAS, additional funds in the amount of $21,470 for the preparation of the bridge 18 preventative maintenance project are requested. 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 21 1. That the above recitations are true and correct 22 2. That the agreement with T.Y. Lin International for professional services for the 23 preparation of the Carlsbad Bridge Preventive Maintenance Program, Project No 6022, is hereby 24 approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to25 execute the agreement with T.Y Lin International for and on behalf of the City of Carlsbad. 26 27 28 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 4. That the Finance Director is authorized to appropriate $21,470 from the Gas Tax Fund to Project No. 6022 to provide the required match and additional funds for staff time. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11 tb day of September , 2007, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard NOES: None- ABSENT: None. ATTEST: (SEAL) M. WOOD, City Clerk u \ AGREEMENT FOR BRIDGE PREVENTIVE MAINTENANCE PROGRAM (T.Y. LIN INTERNATIONAL) THIS AGREEMENT is made and entered into as of the A3 _ day of 2007, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and T.Y. LIN INTERNATIONAL, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a structural civil engineering firm experienced in the inspection and identification of maintenance needs for bridges meeting Caltrans specifications. B. Contractor has the necessary experience in providing professional services and advice related to the maintenance of Caltrans bridge structures. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional year period or parts thereof in an amount not-to-exceed twenty thousand dollars ($20,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #11.28.06 5 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be ninety three thousand two hundred thirty five dollars ($93,235). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version #11,28.06 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City 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 negligence, recklessness, or willful misconduct 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will 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". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version #11.28.06 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. City Attorney Approved Version #11.28.06 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Glenn Pruim Name James L. Rucker, P.E. Title Public Works Director Title supervising Br-Mgp rngin^r Dept Public Works CITY OF CARLSBAD T.Y. LIN INTERNATIONAL Address 1635 Faraday Avenue Address 5030 Camino de la Siesta, Suite 204 Carlsbad CA 92008 San Diego, CA 92108 Phone No. (760) 602-2730 Phone No. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. City Attorney Approved Version #11.28.06 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version #11.28.06 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #11.28.06 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR T.Y. LIN INTERNATIONAL, a California corporation (sign here) W. Mark Ashlev. Senior Vice President (print name/title) mashley@tylin.com (e-mail address) ATTEST: LORRAINE M. WOOD City Clerk Allison Bagby, Assistant Secretary (print name/title) abagby@tylin.com (e-mail address) *«, If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorn City Attorney Approved Version #11.28.06 19- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT j^Xi*8©£e<3'@<S<3&ie<S<3<S©9<^^ State of California County of S><Xft ^Dl^AO On 3. U O^My 3-00" before me. }ss. (LeoMriM tboKs . Mshiry ^^o\i6 . Dat/ Name ahd Title of Officer (e*g., "Jane Doe, Nfctary Public") personally appeared YO • VY\or\< WblaVeJU «F|S«lHlR NOJARV PUBLIC-CALIFORNIA toO \\afc3J2gfi7 ,?AN DIEGO COUNTY O• \SSEJy My Commission Expires ""*• ^3Bi^ JANUARY 15, 2008 1 Place Notary Seal Above Of Name(s) of Signer(s)( ^personally known to me D proved to me on the basis of satisfactory evidence to be the personQaO whose name(S) \s/at*C subscribed to the within instrument and acknowledged to me that he/sl^/th>9 executed the same in his/hx/th;8* authorized capacity(i^fi), and that by his/ber/theJt signature^) on the instrument the person^ or the entity upon behalf of which the person^a) acted, executed the instrument. WITNESS my hand and official seal. SignaUire oTNotary Public 11-fSNAf A I 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 Tvpe of Document: 6dy 6-£ CAr\«» bod , FWeejn«*d £fcr- ^ Document Date: \ fbu Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: IX) - \i\(Wis 1 u Individual 0 Corporate Officer — Title(s): SeAVCJT D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: • • . . * **- Signer Is Representing: * % i » vA<T\ »A Number of Pages: \<^K\V>n . . -.., . — .fc^^^lJ ^ ~i •• ^^^^^^^^^^^^^^^^^^^^^^^^^^^^J HK iH 1 1 HIlMHPkIN 1 ^^^•£ ^^H^H^HI^^^H^^H^H^^I^H^H^HI^^^^I^^^I DF "^K^NFR ^^^H^ . / CN 1 »_ Top of thumb hereYv(L€- VfeJ3>tO£-tdr .n^mHon^l ©1999 National Notary Association »9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 -www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of <San On 2*1 2007 before me, N g I/-/Iflfa/ A*/fc>// O (here insert name and title of the officer) personally appeared. personally known to me (or proved to me on the basis of satisfactory evidence) to be the personal whose name()() is/^ee subscribed to the within instrument and acknowledged to me that rj£/she/t><ty executed the same ha bkjs/her/t^ir authorized capacity)^), and that by NS/her/t^r signature^ on the instrument the person^), or the entity upon behalf of which the person(#f acted, executed the instrument. WITNESS my hand and official seal. Signature NAIALIEJ.JEW I COMM. #1705703 2 Notary Public • California j° San Francisco County ° Jjy_Cornrn_ Expires Nov. 17, 2010 f (Seal) Exhibit A Scope of Work Bridge Preventive Maintenance Program (BPMP) Bridge Engineering Services Prepared for: City of Carlsbad Prepared by: T.Y. Lin International June 28, 2007 Project Understanding and Approach The Bridge Preventive Maintenance Program (BPMP) is based on the provisions in the Federal Highway Bridge Program (HBP). Specific program details are contained in the Caltrans Local Assistance publication "Bridge Preventive Maintenance Program Guidelines for Local Agencies." In order to comply with the BPMP guidelines, Local Agencies must develop objective procedures to prioritize their maintenance projects. Copies of these procedures will be kept with the City for future audits. The City has identified the ArcGIS system to archive the information in the Carlsbad Infrastructure Inventory Database. We suggest the following factors be taken into account when determining the ranking of projects: • Type of Work Required - This criterion will look at which elements of the bridge need repair/maintenance. For instance, repair, restoration, and strengthening of structural elements will be considered a high priority. Scour mitigation and erosion control will also be considered a high priority, as scour and erosion can lead to foundation problems. For the "Type of Work Required" category, eligible work items will be ranked in accordance to their ability to maximize the service life of the bridge. The following specific work items are eligible for HBP reimbursement under Preventive Maintenance: 1. Joint seal replacement 2. Methacrylate deck treatment 3. Polyester concrete overlay or similar protective deck overlays 4. Deck AC replacement/new installation 5. Restore/replace existing bridge bearings, and repair/rehabilitate bearing supports 6. Repair, restoration, and strengthening of major structural elements 7. Repair/replacement of timber structural elements, timber railings, and timber deck runners 8. Retrofit repairs to fatigue prone details of steel girders 9. Rehabilitation/new installation of deck drainage 10. Replacement of deteriorated bridge railing 11. Embankment erosion control and/or scour countermeasures IS' Scope of Work Bridge Preventive Maintenance Program (BPMP) June 28, 2007 Page 2 of 4 12. Approach Slab rehabilitation/replacement and new installations 13. Other work as considered on a case by case basis Scour countermeasures and maintenance of structural elements are given the highest priority; therefore, bridges that require this type of maintenance will rank higher. • Eligibility - Priority will be given to bridges that are not eligible for rehabilitation or replacement under the HBP. (Bridges eligible for rehabilitation or replacement are rated Structurally Deficient (SD) or Functionally Obsolete (FO) and have a Sufficiency Rating (SR) of 80 or less). For the Eligibility category, projects will be ranked based on their sufficiency rating (SD). Since the BPMP is geared towards structures that are in generally good condition and not eligible for rehabilitation or replacement, those bridges that have a higher sufficiency rating will generally rank higher than those bridges with a lower sufficiency rating. • Impact to Traffic - This criterion will look at the relative importance of the bridge to the overall traffic circulation patterns. Maintenance work should be concentrated on bridges with higher average daily trips or ones where the bypass length would cause significant impacts to the traveling public. • Cost - This criterion will consider the overall cost of the project. The City might consider the required matching funds to perform the maintenance work and the associated costs of preliminary engineering including environmental (NEPA) clearance through Caltrans. It may prove favorable to pursue several smaller, less expensive projects and not obligate a larger portion of funding to a single or few projects. • Appearance of Bridge - This criterion will help provide further ranking among projects that do not involve repair of structural elements and/or scour mitigation. Projects will be ranked by whether the maintenance required affects the public's perception and usage of the bridge. For example, the deck on a bridge that is in poor condition is not only noticeable visually, but also affects the "ride-ability" of the bridge. Joint seal that needs to be repaired is not visually noticeable, nor does it have an affect on the way it feels to a person driving over it. Therefore, under this criterion, the bridge that needs AC repair would have priority over the bridge requiring repair of the joint seal. T.Y. Lin International will work with City staff to determine additional or modified rating factors as well as the scoring system employed to prioritize the structures (lowest number is the highest priority). In addition to numerical rankings, each category can also be assigned a weighted percentage according to its level of significance to the program. Type of Work is considered most critical and has the greatest effect on extending the service life of the bridge, so it is given the largest weighted percent. Eligibility is also heavily factored, since it will establish if some projects are better suited for pursuing funding through other programs. Impact to Traffic can be weighted to the circulation element, ADT volumes or other factors. Items falling under Appearance of Bridge may be given a smaller weighted percentage due to the assumption that they do not have as significant an impact on extending the life of the bridge. TVLININTERNAnONAU Scope of Work Bridge Preventive Maintenance Program (BPMP) June 28, 2007 Page 3 of 4 Scope of Work T.Y. Lin International will perform the following tasks to complete the City of Carlsbad's BPMP list: 1. Attend a Kick-Off meeting with City staff to discuss the scope of the project including identification of bridges that are not currently being inspected bi-annually by Caltrans. 2. Prepare a detailed project schedule in MS Project format indicating major milestone and task relationships. Milestones include all the following tasks. 3. Gather current bridge maintenance and inspection reports and perform a detailed review of recommended maintenance work. 4. Identify bridge preventive maintenance work (not routine maintenance) that may be eligible under the BPMP guidelines and discuss with City staff. 5. Collaborate with City staff to determine the necessary field review forms. 6. Perform a field review of each bridge (spans exceeding 2ff) and document current conditions relating to the recommended maintenance work. For bridges that have additional or undocumented damage or maintenance needs, it may be possible to schedule a supplemental bridge inspection with Caltrans Office of Structures Maintenance and Investigations (South) and thus capture the cost of the work in the current program. Field review will consist of visual external inspection. Any required traffic control is excluded from this scope. Inspections requiring a "Snooper" truck, scaffolding, or internal inspection requiring confined space mitigation measures are not included. 7. Working with City staff, determine criteria and scoring procedures to be used as the basis for the BPMP list. 8. Identify potentially eligible work under the BPMP and provide cost estimates for the recommended work on a square foot of deck area basis. 9. Prepare necessary forms to add bridges to the Caltrans Bridge inventory as needed. 10. Complete the Draft BPMP list and submit to the City for review and comment. 11. Respond to comments and submit Final BPMP list in ArcGIS format for inclusion in the City's Infrastructure Inventory Database. Deliverables The deliverable for the BPMP will be a prioritized electronic spreadsheet in the format acceptable to the District Local Assistance Engineer. Items to include are as follows: • Priority of funding (lowest number is highest priority) • County geographic location • Name of implementing agency • Bridge number • Facility carried • Feature intersected • Sufficiency Rating WLININTERNATIONAU H Scope of Work Bridge Preventive Maintenance Program (BPMP) June 28, 2007 Page 4 of 4 • SD/FO status • Preventive Maintenance Treatments for each bridge • Unit cost of Preventive Maintenance on a total deck area basis • Federal and local funds • Running summary of Federal and local funds In addition to the BPMP spreadsheet, T.Y. Lin International will provide the City with the following: • 5 Copies - Draft BPMP report in MS Word Format • 10 Copies - Final BPMP report in MS Word Format (Arc CIS) • 5 Copies - Bridge inspection reports to supplement Caltrans reports, if required • 2 Copies - Completed Caltrans forms to add eligible bridges to the Caltrans Structure Maintenance Bridge List and thus commence bi-annual inspections Fee T.Y. Lin International proposes to provide BPMP services for a fixed fee of $93,235. A detailed fee breakdown is included as Exhibit B. City of Carlsbad Level of Effort Estimate for Bridge Preventive Maintenance Program T.Y. Lin International Exhibit B June 28, 2007 ID 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 Task Description - Basic Services Kick-off meeting with City staff Prepare project schedule Gather/review bridge maintenance/inspection reports Identify bridge preventive maintenance work Develop field review forms Perform field reviews of each bridge (25-30 bridges) Develop criteria/scoring procedures for the BPMP list Prepare cost estimates for recommended BPMP work Prepare Caltrans Bridge inventory forms (as needed) Complete the Draft BPMP list and submit Respond to City comments and submit Final BPMP Meetings & Coordination (3 @ 4 hrs) Totals: Classification Supervising Bridge Engineer $ 175.00 4.0 1.0 8.0 4.0 4.0 16.0 24.0 16.0 2.0 8.0 4.0 12.0 103.0 Senior Bridge Engineer II $ 150.00 4.0 100.0 40.0 16.0 8.0 168.0 Senior Bridge Engineer I $ 135.00 4.0 8.0 4.0 16.0 8.0 40.0 20.0 24.0 16.0 12.0 152.0 Bridge Engineer I $ 110.00 60.0 100.0 40.0 24.0 40.0 264.0 Hours 8.0 9.0 72.0 24.0 12.0 216.0 64.0 116.0 26.0 88.0 28.0 24.0 687.0 (Shipping/Courier) ODC's Mileage Total Cost - Basic Services Totals $ 1,240 $ 1,255 $ 8,540 $ 3,460 $ 1,780 $ 28,800 $ 9,600 $ 15,900 $ 2,990 $ 11,440 $ 4,060 $ 3,720 $ 92,785 $ 150 $ 300 $ 93,235