HomeMy WebLinkAbout2012-11-27; City Council; 21048; Approval Simon Wong Bridge Railing Project No 6014CITY OF CARLSBAD - AGENDA BILL
AB# 21.048 APPROVAL OF AN AGREEMENT WITH
SIMON WONG ENGINEERING TO PROVIDE
PROFESSIONAL SERVICES FOR PRELIMINARY
ENGINEERING FORTHE BRIDGE RAILING
IMPROVEMENTS OF PROJECT NO. 6014
DEPT. HEAD
MTG. 11/27/12
APPROVAL OF AN AGREEMENT WITH
SIMON WONG ENGINEERING TO PROVIDE
PROFESSIONAL SERVICES FOR PRELIMINARY
ENGINEERING FORTHE BRIDGE RAILING
IMPROVEMENTS OF PROJECT NO. 6014
CITY ATTY. C^^.
DEPT. TRANS
APPROVAL OF AN AGREEMENT WITH
SIMON WONG ENGINEERING TO PROVIDE
PROFESSIONAL SERVICES FOR PRELIMINARY
ENGINEERING FORTHE BRIDGE RAILING
IMPROVEMENTS OF PROJECT NO. 6014
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2012-251 to approve an agreement with Simon Wong Engineering for
the Bridge Railing Improvements, Project No. 6014.
ITEM EXPLANATION:
Bridge railing improvements are needed for the bridge located above the Encinas discharge channel
(Warm Water Jetty), approximately half-mile north of Cannon Road on Carlsbad Boulevard (Project
No. 6014).
On August 19, 2009, Resolution No. 6635 was adopted requiring Poseidon Resources to install and
secure with appropriate security as provided by law, a bridge rail to Caltrans standards on the easterly
side of Carlsbad Boulevard over the Encinas discharge channel. At this time, a reimbursement
agreement was going to be prepared between Poseidon Resources and the city so that both sides of
the bridge railing could be completed at the same time.
On May 13, 2010, Federal Highway Administration (FHWA) authorized, via Caltrans Local Assistance,
funds for preliminary engineering for bridge rail improvements for the bridge located on Carlsbad
Boulevard over the Encinas discharge channel (warm waters).
On June 17, 2010, a Request for Proposals was issued for engineering services to improve the bridge
railing over the Encinas discharge channel. On August 6, 2010, out of 30 interested consultants only
one bid was submitted. Discussions with Caltrans Local Assistance resulted in allowing the work to
be performed by Simon Wong, since other consultants were made aware of the opportunity and did
not pursue the project.
On September 11, 2012, Poseidon Resources decided to have their own contractor proceed with
design and construction of the easterly bridge railing. Therefore, on October 5, 2012, Simon Wong
prepared a revised scope and fee and after receiving authorization from Caltrans Local Assistance to
proceed with design of the westerly bridge railing only and a fee was negotiated for preparation of
construction plans, permits, applications, specifications, and estimates for bidding purposes in the
amount of $112,373. Request for authorization of construction funds for the westerly bridge railing,
via Caltrans Local Assistance, is anticipated to be August 2013.
DEPARTMENT CONTACT: Brandon Miles, 760-602-2745 Brandon.Miles(S)carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
Based on a review of the negotiated fee, staff recommends awarding the preliminary design
engineering contract to Simon Wong Engineering, in the amount of $112,373.
ENVIRONMENTAL IMPACT:
The project is exempt from California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 15301(d) - Existing Facilities - restoration or rehabilitation of existing facilities that are
deteriorated or damaged and are required to meet current standards of public health and safety
involving negligible or no expansion of use. City staff filed a notice of exemption for the project with
the County Clerk on June 4, 2012.
FISCAL IMPACT:
City staff has received authorization for $168,750 in funding from Caltrans for preliminary engineering
for the bridge railing improvements as outlined in Table 1. A total of $99,483 (88.53%) is eligible for
reimbursement on this contract, via Federal funds provided through Caltrans. The remaining amount
will be funded via local match funds (TransNet-Local) and totals $12,890 (11.47%).
TABLE 1 - BRIDGE RAIL IMPROVEMENTS PROJECT NO. 6014 - ENCINAS DISCHARGE
TASK DESCRIPTION ESTIMATED
COST
FEDERAL COST
(88.53%)
LOCAL MATCH
(11.47%)
Authorized by Caltrans $168,750 $149,394 $19,356
Preliminary Engineering - Simon Wong $112,373 $99,483 $12,890
The table below shows the current status of the project:
TABLE 2 - BRIDGE RAIL IMPROVEMENTS PROJECT NO. 6014 - ENCINAS DISCHARGE
BRIDGE RAILING IMPROVEMENTS - 6014 ESTIMATED COSTS
Preliminary Engineering - Simon Wong $112,373
Project Management - City Staff (15%) $16,856
TOTAL ESTIMATED DESIGN COST $129,229
Authorized by Caltrans - Appropriation $168,750
Expenditures/Encumbrances $28,335
Remaining Balance $140,145
ADDITIONAL APPROPRIATION :i::iiiiii^:^::i:::|1iii:aiii^^^
Sufficient Federal funds and TransNet-Local funds are available for this request.
z
Page 3
EXHIBITS:
1. Project Location Map.
2. Resolution No. 2012-251 approve the agreement with Simon Wong Engineering to
provide professional sen/ices for preliminary engineering for the bridge railing improvements of
Project No. 6014.
3. Agreement for Professional Engineering Services, Simon Wong Engineering, Inc.
3
LOCATION MAP
PACIFIC
OCEAN
NOT TO SCALE
VICINITY
MAP
NOT TO SCAL£
PROJECT NAME
BRIDGE RAILING IMPROVEMENTS
PROJECT
NUMBER
6014
EXHIBIT
1
PLOTTED BY: SCOTT EVANS PLOT DATE: 11/7/12 PATH:C:\TRANSP0RTAT10N DEPARTklENT\DESI&l DIVISI0N\UILES\6014.DWG
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RESOLUTION NO. 2012-251
1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AUTHORIZING THE APPROVAL OF
AN AGREEMENT WITH SIMON WONG ENGINEERING TO
4 PROVIDE PROFESSIONAL SERVICES FOR PRELIMINARY
ENGINEERING FOR THE BRIDGE RAILING IMPROVEMENTS
5 OF PROJECT NO. 6014.
6 WHEREAS, the City Council of the City of Carlsbad, California, has determined it is
7 necessary and in the public interest to improve the bridge railing above the Encinas discharge
3 channel; and
g WHEREAS, a request of Federal funding in the amount of $168,750 was approved by
Caltrans for Preliminary Engineering; and
WHEREAS; sufficient funding has been approved by Caltrans and is currently available
in Project No. 6014 for this request; and
WHEREAS; the amount programmed for the local match portion totals $19,356, or
11.47%, and will be provided through TransNet-Local funds; and
WHEREAS, Simon Wong will provide professional services at $112,373 for the
preliminary design of the Bridge Railing Improvement, Project No. 6014 which will be paid for using
16 a combination of Federal funds and local match funds.
17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
18 California, as follows:
1. That the above recitations are true and correct.
2. That there are sufficient Federal funds and TransNet-local funds available for this
request.
3. That a consultant agreement with Simon Wong Engineering, for engineering
services for Bridge Railing Improvements for Project No. 6014, as described in the attached
agreement, is hereby approved and the Mayor is hereby authorized and directed to execute said
agreement
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of November, 2012, by the following vote
to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas, Packard
None.
ABSENT: None.
MATTf HALL, Mayor
ATTEST:
LORRAItJE %yi/OQJD, Cjg/^lerk
Karen R. Kundtz, Assistant City Clerk
(SEAL)
TRAN955
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CARLSBAD
BOULEVARD ENCINAS DISCHARGE RAILING IMPROVEMENTS
(SIMON WONG ENGINEERING)
IIS AGREEMENT is made and entered into as of the "Af^ day of
/ani^ ^ > , 20 by and between the CITY OF CARLSBAD, a
municipal corporation, ("City"), and SIMON WONG ENGINEERING, a California
corporation, ("Contractor").
RECITALS
A. City requires the professional sen/ices of a civil engineering consultant that is
experienced in staictural engineering and bridge railing Improvements.
B. Contractor has the necessary experience in providing professional sen^ices and
advice related to bridge railing improvements, located on Carlsbad Boulevard at the Encinas
discharge channel.
C. 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 sen^ices (the
"Sen/ices") 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 Southem Califomia Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The tenn of this Agreement will be effective for a period of two (2) years from the date first
above written. The City Manager may amend the Agreement to extend it for one (1) additional
one (1) year periods or parts thereof in an amount not to exceed one hundred twelve thousand
three hundred seventy three dollars ($112,373) per Agreement year. Extensions will be based
upon a satisfactory review of Contractor's perfomiance, 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.
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 Sen/ices to be performed during the initial Agreement term will be
one hundred twelve thousand three hundred seventy three dollars ($112,373). No other
compensation for the Sen/ices will be allowed except for items covered by subsequent
amendments to this Agreement. The City resen/es the right to withhold a ten percent (10%)
retention until City has accepted the work and/or Services specified in Exhibit "A".
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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 Sen/ices 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.
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 hannless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attomeys
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 eariy 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 earner admitted and authorized to do business in the State of Califomia. The
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insurance carrier is required to have a cun-ent Best's Key Rating of not less than "A-:VH". OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager 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 Liabilitv 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 wort< under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv (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 Wori<ers' Compensation and Emplover's Liabilitv. Woricers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. 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.
I I If box is checked. Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
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 Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occun'ence 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
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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. Citv 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 Carisbad 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.
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 Citv For Contractor
Name Brandon Miles Name Mark Creveling
Title Associate Engineer Title Vice President
Department Transportation Address 9968 Hibert Street, Suite 202
City of Carisbad San Diego, CA 92131
Address 1635 Faraday Avenue Phone No. 858-566-3113
Carisbad, CA 92008 Email mcreveling@simonwongeng.com
Phone No. 760-602-2745
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.
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Id
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
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 sen/ices with all applicable laws, ordinances and regulations.
Contractor will be aware ofthe requirements ofthe Immigration Refomi 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 whose services are
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 othen^/ise 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 fonA/arded 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 fonA/arded
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 nonperfonnance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or sen/ices
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 detemiination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has perfomied 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 wori< product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work perfomied to the termination date; however, the total will not exceed the lump sum fee
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payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor wan'ants 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 othenAdse 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 Govemment Code sections 12650 et seg..
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 attomey'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 debannent by another jurisdiction
is grounds for City to temiinate 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 Califomia, 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.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and wanrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
SIMON WONG ENGINEERING,
a California corporation
By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
(S^nheref Mayor
(print name/titlfe)^
ATTEST:
By:
sign here)
(print name/title) /
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor musf'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 Attomey
BY:
Assistant City Attorney \
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Exhibit "A'
SIMON WONG ENGINEERING
SCOPE OF ENGINEERING SERVICES
PROJEa: POWER PLANT DISCHARGE CHANNEL BRIDGE RAIUNG IMPROVEMENTS
CLIENT: City of Carlsbad
DATE: October 5,2012 ^ ^
PROJEa DESCRIPTION
This project proposes to install railing on the Westerly side of the Encina Power Plant Discharge Channel
Bridge along Carlsbad Boulevard NRG Energy (NRG) is the property owner of the Encina Power Plant and
will complete the design and construction of the Easterly bridge railing along with the required
improvements and legal documents. The Discharge Channel provides for warm water discharge from the
Encina Power Station to the Pacific Ocean. Currently, no vehicular bridge railing exists on either side ofthe
bridge. Chain link fendng and sidewalks are provided on both sides ofthe roadway within the bridge
limits.
As-bullt drawings and the latest Caltrans maintenance report dated 2009 show the bridge was originally
constructed In 1954 by SDG&E. Current right-of-way (ROW) documents indicate the bridge Is owned by
the atv of Carlsbad. Verification of bridge ownership and maintenance responsibility will be further
explored in this contract. A component of the scope for this project is to establish the existing ROW and to
provide temporary and permanent easement requirements if required for the proposed barrier
improvements.
A visual investigation of the stmcture will determine construction modifications necessary to install the
appropriate railing. Coordination with NRG and Caltrans will be required throughout the design and
construction phases.
This scope of work indudes the development of bridge railing design and PS&E. It is anticipated that the
proposed bridge railing will have fencing Installed on top and be the length of the existing diain link fence
up to the entrance gate posts. A draft barrier design report will provide preliminary railing concepts for
consideration of the structural, civil, and environmental issues. Preliminary opinions of construction costs
will be provided for each railing alternative.
Final design indudes design calculations, independent design calculations, plans, specifications, and final
engineer's estimate of probable construction costs. A resident engineer's pending file will be provided
prior to construction and will indude the items listed above and any other pertinent documents.
1.0 Project Management
SWE shall provide overall management of consultant and sub consultant personnel. Monthly progress
report shall be provided indicating the work accomplished In the last period, anticipated woric to be
completed in the next period, issues that require resolution, milestone achieved, meetings held problems
encountered and actions taken, potential extra work items, approval actions required, coordination issues
and schedule impacts.
SWE will schedule a kick-off meeting upon receMng the notice-to-proceed. The City and project team will
discuss the preferred style of railing, target dates for team meetings, format for meeting agendas, meeting
minutes, monthly status reports, and involdng. SWE will attend all team meetings and issue tailored
agendas for ea*. Not all subconsultants are required to attend each team meeting. Meeting minutes will
be Issued following each meeting. Attendees will have one week to comment on the draft meeting
minutes. Final meeting minutes will be distributed to the project team. Monthly progress reports will be
I of 4
Simon Wcmg Engineering
Power Plant Discharge Channel Bridge Railing Imptwements
Scope o/ Bn^neerkig Services
Octobers, 2012
provided to the Gty. They will reflect milestone status and updates that detail the progress and budget at
the individual task level.
2.0 Investigation
Qvil engineering services include a new sun/ey to establish horizontal and vertical control, existing ROW,
utilities, and as-built conditions. Records research will be conducted to locate easements, utilities, parcel
maps in the vicinity of the bridge, etc. This Information, along with a legal description and appropriate
AutoCAD drawings provided by the Qvil subconsultant, will assist the City of Carisbad In negotiating a
temporary construction easement and a permanent easement (If necessary) for the proposed
improvements. All sun/ey and mapping data will be supplied in AutoCAD fonnat using NAD '83 horizontal
and NGVD '29 vertical datums with ASCII point files for all sun/ey ties made. A visual Investigation will be
perfomied by SWE to evaluate the integrity of the structure and the condition of detectable utilities.
Following investigation work, a draft Bamer Design Report (BDR) will be prepared with various barrier
alternatives and accompanying cost estimates. The BDR will also be utilized to Identify the limits and
potential for environmental Impacts (PES). Additional coordination with adjacent property owner NRG,
utility owners, potential permitting agencies and other stakeholders Is anticipated for developing a final
BDR.
3.0 Engineering Services
A multi-disdpllne review will be prepared at the 50% design level but no formal submittal will be made.
Design plans and detailing will be submitted at tiie 90% and 100% design levels. This task includes Index
sheet; layout sheets, construction detail sheets, utility sheets, a conceptual traffic contorol sheet and bridge
railing plans, which are based on Caltrans manuals and procedures. Plans will contain the railing
altemative chosen by the City of Carlsbad in the final BDR and will sen/e as the baseline in estimating our
final design cost Design tasks Indude calculations based on the latest Caltirans design standards and
technical manuals and the Highway Design Manual (HDM). SWE will prepare "checked" bridge railing plans
at tfie 90% submittal level and will provide intemal quality control review for all submittal levels.
Summarized review comments and responses to the 90% plans will be submitted with the 100% plans. A
final mylar bid plan set will be submitted for signatures to tfie Qty at tfie end of the review cycle.
A complete Independent check will be done on the bridge railing design and details and by an engineer
who was not Involved with the initial design. The "checker" will provide a stand-alone set of calculations
tfiat are based on the design details and a complete red-line-yellow-mark set of reviewed plans. The
"checker" comments will be resolved with the designer and revisions Incorporated in the 90% submittal.
Plat and legal description will be prepared for enaoachment onto NRG property for items such as the
barrier, maintenance gate, and temporary construction access. It is assumed that the City will be
responsible for obtaining approval for encroachment from the property owner and negotiate all easements
forthe proposed railing improvements.
Prior to construction, a Resident Engineer's file will be prepared and delivered to the City. The file shall
contain, at a minimum, all relevant correspondences, design calculations, preliminary and final
construction quantities and cost estimates, plans, total work quantities witii matching woric Item names
shown on all bid documents, permits, agreements and relevant technical memos and reports.
2 of 4
/
Slnxm Wong Engineering
Power Plant Dbdmrge Otannel Bridge RtriBng Improvements
scope af Engineering Services
October 5,2012
4.0 Permitting and Processing
SWE and Hon Environmental Consulting (HON) will attend a Field Review Meeting with Caltrans local
assistance representative to define the extent of the project needs. An Environmental Impact Assessment
(EIA) and a Preliminary Environmental Study (PES) fomis will be prepared with SWE input Pennitting
agency initial coordination will be established by HON. The consultant team will pursue a NEPA Categorical
Exdusion (CE) and submit the necessary documentation for approval of an Area of Potential Effects Map
(APE) as part ofthe Historic Property Survey Report (HPSR) should it be requested by Caltrans. It Is
assumed a Local Coastal Development Permit may be required and will be processed by the City with SWE
input
5.0 Preparation of Spedfications and Estimates
Special provisions for the project will be prepared for the 90% and 100% submittal levels with
conespondlng comment revisions. Special provisions covering bridge railing related improvements vt/ill
follow the 2012 version of the Standard Specifications for Public Worics Construction ("Greenbook"). Oty
front-end and Federal spedfications will be used as this project uses Federal funds. An electronic version
ofthe spedfications will also be submitted In MSWord format
The engineer's estimate of probable cost will be completed at the 90% submittal level and revised witii Gty
comments for a final estimate at the 100% submittal level.
6.0 OPTIONAL SERVICES
Bidding and Construction Support Services
SWE will attend one pre-bid meeting, address questions from bidders, and respond to bid phase RFIs
related to the bridge railing improvements. In addition, SWE is able to conduct bid mariceting efforts and
prepare up to two (2) addendums.
Caltrans Coordination
SWE will coordinate with Caltrans on structural deficiency determination, structure ownership, easement
establishment, and ROW requirements.
7.0 ITEMS NOT INCLUDED IN CURRENT FEE PROPOSAL
Coastal Commission Permits
Structural Rehabilitation Repairs
Water Pollution Control Plans
Services During Bidding and Construction
Coordination with Caltrans
Bridge Seismic and Structural Capacity Evaluations
Permitting and Outside Agency Fees
3 of 4
S/mofi Wong Engineering
Power Plant Discharge Oiannel Bridge IMIIng Improvemena
Scope o/fiig/neeiAig Services
Octobers, 2012
8.0 INFORMATION TO BE PROVIDED BY OTHERS
Agency Coordination with Caltrans, Homeland Security, Endna Power Plant (NRG), and Poseidon (Gty)
Entry permits (City)
Payment for All Permits, Processing, MOU and Entry Fees (Gty)
Title Sheet Template (Gty)
ROW Easement Agreements or Negotiations (Gty)
Local Coastal Approvals (City)
Environmental Documents and Permits (City)
Storm Water Data Report (Gty)
Traffic Technical Memo (City)
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9906 Hkwt Sbstl. M Floor Sin Diego. CAK131 Octobers. 2012
POWER PLANT DISCHARGE CHANNEL
BRIDGE RAIUNG IMPROVEMENTS
PM« DESIGN CIVR. HON SAMPO TOTAL
STASE SWE RBF CONSULTING' ENGMEERMG* SUB CONSULTANT FEES TOTAL
PROJECT MANAGEMENT f iOJOOO 1.372 S U72 f 11.372
INVESnOATtON 11.342 1 sg2 20O 11.902 S 12.754 f 24.095
EN6INEERIN6 SERVICES f 2SJ38 f 10.323 100 S 10.423 f 35.758
PERMTTING AND PROCESSING 3J53 f 1J0O S 1.300 f 4.853
PRB>ARATION OF SPEQFICATIONS AM3 ESTIMATES IIJSB < 3.1S5 f . « S 3.155 14.544
MRECT COSTS f 1250 f 200 $ S 200 1.450
SUBTOTAL $ S2470 S 15.442 $ 1«>0 $ 11.982 $ 29.20* t 91
Tlw fMt llttMl abow ara iMMd on tht talowino aMunqiilon*:
1. EnvtonmenlaldoaHiwiilewllwpapeadbyNieClyofGailMw^
2. No enytonwntol eludlee ei» eiWclliilid
3. NoimidunlmliaMMonmpatiMineludad
4. CoiiDitoniuifNepMeiikiglihdudid
9. WalarPoMDnCommlPlmaienoianiielgMed
5. SeivloM during bkMlng and CMilnielionM not Muded
7. Cl|ftogravUtCtfmmeooidlM8on
8. Cl^ to pmvUe Encina PotverPlMtt and PotaUonoooidlnadon and Enliy Pemil*
9. Cly to oaonflnato wUl Hometond Secuty and oUato psfflilB as necanaiy
10. CIrto pay alpsnii*. pmcaeiing. MOU and EniqrIlMa
11. Bridge aeMe and (feudunl eapacay avakMlbns ara not kictaded
12. ROWae»nmtotobapRwldeby«wClyw«icoonikiadantoySWE
13. Due to «w unknown nahm or liiaexMng ROW, tldipnpesaiassuRiesBto
besiaadmatolnitgairiatolilgcalonand iMUga ownenh^
AnUdpatadUDBEO Participation
14M%
optional S«rvte—
Total S1,S73
STAGE TOTAL
BIDDING AND CONSTRUCTION SUPPORT SERVICES f iJOOO
CALTRANS COORDINATION f lOXNX)
PHASE 11SA - ALLIED GEOTECH f SJSOO
SUBTOTAL OPTIONAL SERVICES t
OTAL BASE AND OPTIONAL SERVICeS 18 112.373]
9968 hibert street, 2nd Roar
San CNego, CA92131
Octobers, 2012
TASK ANALYSIS
COST SUMMARY PER FIRM
FIRM NAME Sbnon Wong
Enolneerfaig RBF
Hon
Consultino
Sampo
Enolnsarlng
Allied
Oaetschnleal
TOTAL
DBE DBE
OPTIONAL
SERVICES
1.0 Protect Manaaemant $ $ $ t i
1.1 PfOject Manaoement A AdmlnMratlon $ 3,389.04 $ t $ % t 3.36904
i2 Kidi-Off Meeting S 1,340.82 $ % $ % S 1,349.82
1.3 Team MeMtio* $ 2,143.62 $ 1,372.N t $ t t 3,917.62
1.4 Monthly Status Reports $ 1,303.38 $ s $ % t 1.303.36
1.3 Meetina Mhiutes S 989.92 1 s t $ 88992
1.t Sctwdde $ 642.26 $ t % $ 842.28
TA8K 1.00 SUBTOTAL S 9.BS9.82 S 1.372.00 % s S 11.371.82
2.0 Imnstlgallon s % s
2.1 Survey S 528.82 t t $ S 528.82
Hortiantal and Vsrtleal Control S 304.42 i t $ 3.040.78 t S 3,345.20
nght-of-Wiy Mapping S 1,484.92 t % t 3,114.06 % % 4,596.98
Final Desian Survey S 304.42 s t $ 2,397.83 % % 2,702.23
Easements 1 1,180.50 % t S 914.08 % S 2,094.38
Record Reseatcli $ s s S 818.29 % S 616.29
UtiBv tdanWcatlan and Mapping s s S 741.90 s $ 741.00
Meeting* end Coonllnatkin S 1,798.36 % s J 1,134.79 $ i 2.833.15
2.2 Struduia Invesdaatton $ s s 1 $ J
Power Plant OtKhatge Channel S i $ $ $ % Existing UtiHes S 189.12 % s $ $ % 169.12
Structural tnveibo ation > 2,022.76 s s $ s % 2,022.76
2.J Prepare Barrier Oeslon Report S 3,348.18 % 392.00 S 200.00 $ s S 4,340.18
2.4 Phase 1 Envlnnmenlal • Inliai SHa Assessment (Optional Seivloes) $ $ $ $ 9,900.00 J
SUBTOTAL TASK 2.00 t 11.341.50 $ 592.00 $ 200.00 t 11,981.88 % S 24,095.19
1.0 Enolneefino Services s $ $ $ t t
3.1 S0« - Plans (Not Submitted) t 1,155.70 $ $ t s % 1,195.70
Piepaie or levlsa the toDowkig sheets: $ $ f % $ THe Sheet $ 304.42 $ s s S 304.42
Kay Map/Une Index Sheet t $ s t t
Layout Shsala S $ 3,933.00 s $ $ 3,039.00
ConstiuetiDn Detal Sheets s $ } $ UilSty Sheets t 842.88 i 828.00 % $ i S 1,47086
Conceptual Traffic Control Sheet t t 828.00 t % $ 62e.x
32 Strudum Oeslon - S0% Bildoe Plana (Not SubmMad) S 528.82 S s t S 528.82
Potver Plant Otschama Channel, 90% Plana (Not Submlted) $ 8.327.56 s s % t 8,327.56
3.i 80%-Plans S 928.62 i % S 928.62
MuRWIsClpllne ConslMsncy Review - 50% Plana S 1.832.18 $ 148.00 s s s $ 1,980.18
Prepare or reviae tha tolbwtng sheets: $ 1 s $ $ Typical Cross S«ctlon Sheets S s s % Kay Map/Une IniSex Sheet $ s i s
Layout Sheets t S 1,870.00 s s s S 1,870.00
Construction DetaB Sheets t s % Conceptual Traffic Control Sheet s $ 414.00 t % S 414.00
J.4 90% Stmcture Design S 928.82 % % s S 928.82
Power PlanI Olsdiaiae Channel. 00% Plans $ 7.648.98 S $ % S 7,640.96
2S 100%. Plans $ 928.82 s s t $ 926.82
Summartza Revisw Comment* to the 90% Plans $ 888.02 S 138.W t I s S 1,127.82
Ptepsra or Rsvlsa the Folowmo Sheets: s $ $ s s % Typical Cross Section Sheets % S $ $ $ Key Mao/Une Index Sheet % s $ Layout Sheets S $ 1,881.00 s s $ S 1,691.00
Construction Oetai Sheet* % s $ $ t
Conceptual Traffic Control Siwel t S 471.00 s f S 471.00
3.B 100%SlniclureDe«lBn i 528.82 t s 100.00 t $ 628.82
Power Plant Dischafoe Channel. 100% Plans $ 1.989.74 s $ t S 1.980.74
37 Final Storni Waiar Data Report $ $ $ 36 Final TrafRc Tachnleal Memo s $ s
SUBTOTAL TASK 3.00 $ 25.336.2« S 10.323.00 $ 100.00 $ S 39.799.26
4.D Permlttlna and Procesabio t t s 8
4.1 Field Revlaw Meeting and EIA «)d PES Ibmis S 1,303.38 { S 400.00 s $ S 1.703.38
4.2 PermHIno Aoencv InnkI Coonlkialion $ 180.12 t s 100.00 { $ 269.12
4.3 Envln>nmentBl Documentation (CE/CC) S 628.88 S 400.00 t $ $ 1,026.88
4.4 invfeuiuneiital PermRtinQ S 828.88 $ 200.00 $ $ 828.88
4.S Ceaalal Development PanMis $ 820.88 S 200.00 $ $ 828.68
SUBTOTAL TASK 4.00 S 3.333.12 t 1J00.X t t $ 4,663.12
5.0 Preparsdon of SpacMeatlana and Eatbnstea t t % $ s
5.1 S0%-Plana s i t s
Oulftie of SoedRcationa t 482J6 t 298.00 s t $ S 778.58
IdenUlY Chanpaa to Cl/a Tachnleal Spaca $ 329.84 S 902.00 t % $ S 917.64
Lht of Expected Bid Items $ 338.24 S 592.00 $ s t S 930.24
5.2 m-SubmKal $ $ $ s t s
CompMe Set of SpadRcationa S 4,178.88 $ 888 00 t s i t 5.066.88
Enelneets Eattmata of Probable Cost $ 1.598.76 S 148 00 t s $ t 1,748.78
100%-Submittal t $ s $ Address Ciys Comments on 90% SutHnttal t 818.09 t 106.00 $ $ $ $ 1,111.08
Revbed SpedAcadons $ 2.789,13 t 298.00 $ $ { S 3.089.13
Revised Englneen EsOmale of PmbalMe Cost S 759.37 $ 148.00 $ t % $ 907.37
SUBTOTAL TASK a.00 S 11,388.87 } 3.159.00 t s s 1 14,543.87
TASK 1.00- &00 SUBTOTAL t 51,419.75 t 19,442.00 S 1,800.00 S 11,961.69 $ S 79,091 .U
DIfKtCoeta t 1,290.00 s S 200.00 t $ S 1,490.W
BASE SCOPE TOTALS S 82.888.97 f 18.442.00 t 1,100.x t 11J81J8 t 81,873J6
OPTIONAL SERVICES. PtlASe 1 OA $ 8.800.00
1 of 1