HomeMy WebLinkAbout2008-12-02; City Council; 19641; Approve Agreements for The Encinas Creek BridgeCITY OF CARLSBAD - AGENDA BILL
AB# 19i641
MTG- 12/02/08
DEPT. PW-ENG
APPROVE AGREEMENTS FOR
DESIGN AND ENVIRONMENTAL SERVICES FOR
THE ENCINAS CREEK BRIDGE
CITY PROJECT NO. 3919
DEPT. HEAD #^f
CITY ATTY. /^C
CITYMGR. [u "
RECOMMENDED ACTION:
Adopt Resolution No. 2008-309 approving professional services agreements with
Nolte Associates, Incorporated and EDAW, Incorporated for design and environmental services, for
the City's replacement of the Encinas Creek Bridge, Project No. 3919.
ITEM EXPLANATION:
The Encinas Creek Bridge, which spans a small drainage structure forming the outlet of
Encinas Creek to the ocean, is located on the southbound lanes of Carlsbad Boulevard between
Palpmar Airport Road and Island Way. This bridge was originally constructed by the State of
California Highway Department in 1913 and was widened in both 1924 and 1928. The bridge, along
with all State highway right-of-way comprising the portion of US Highway 101 located within the
Carlsbad city limits now known as Carlsbad Boulevard, was dedicated by the State to the City in the
early 1960s in conjunction with the State's construction of Interstate Highway 5. Other than periodic
corrosion repairs and roadway resurfacing, the Encinas Creek Bridge is essentially the same today as
the 1928 widening.
This bridge, along with all other bridge structures carrying public vehicular traffic on the State Highway
system, are inspected by Caltrans every two to three years. Recent Caltrans inspection reports
received by the City indicate this bridge has exceeded its service life and is in a state of serious
structural deficiency. Because of its age and deteriorated condition, Caltrans recommends its
replacement in-lieu of an upgrade or repair of the existing structure.
Caltrans inspection reports indicate the western half of the bridge closest to the ocean is in a
considerably worse structural condition than the eastern half of the bridge. The City has had two
different bridge structural engineers review the bridge and they have confirmed the worsening
condition of the structure. As an interim safety measure, approximately five months ago the Public
Works Department implemented a temporary realignment of the two lanes of southbound vehicular
traffic across the bridge by relocating the travel lanes to the east side of the existing bridge deck.
Pedestrian and bicycle access is unaffected across the bridge. Additionally, the speed limit on this
section of southbound Carlsbad Boulevard has been temporarily reduced to 35 miles per hour which
is the design speed for this temporary lane realignment.
These measures are viewed as temporary in nature and do not alleviate the need or lessen the
urgency of replacing this bridge at the earliest opportunity. To that end, City staff solicited design and
environmental services proposals from qualified private firms to initiate the pre-construction activities
required to replace the bridge. Requests for Proposal ("RFP") were prepared and mailed to eight
consulting firms for the design and three for the environmental services necessary to begin this
project. The City received three formal proposals for the design phase from TY Linn International,
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
flnn
a
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
nna
n
DEPARTMENT CONTACT: Bill Plummer (760) 602-2768, bplum@ci.carlsbad.ca.us and John Cahill (760)
602-2726, icahi@ci.carlsbad.ca.us
Page 2
Earthtech, and Nolte Associates and, as a result of a "best-value" review, it is recommended the
engineering design be undertaken by Nolte Associates, Incorporated. The City received only one
proposal for the environmental services phase and it is recommended this work be undertaken by
EDAW, Incorporated. Both firms have extensive experience and expertise in their respective
disciplines and their scopes of work, schedules, and cost proposals are customary and satisfactory for
this type of project.
Attached are professional services agreements with Nolte Associates, Incorporated and EDAW,
Incorporated for review and approval by the City Council.
This project will require environmental review, local agency approval, and acquisition of a full-range of
Resource Agency permits. It is anticipated that by beginning the design and environmental phases of
the project now it will potentially enable construction to begin following the conclusion of the 2010
Summer beach season.
ENVIRONMENTAL IMPACT:
The Nolte Associates agreement includes the initial development of preliminary design alternatives
cumulating in a description of a preferred project solution sufficient to assess potential environmental
impacts. The EDAW, Incorporated agreement undertakes the necessary environmental field studies
and other analysis required to support environmental review by the City. EDAW will also undertake
the preparation and submittal of applications for the various permits and approvals from the involved
Resource Agencies following the completion of environmental review.
FISCAL IMPACT:
Public Works - Engineering staff has previously undertaken preliminary work on a potential
reimbursement project application under the Federal Highway Bridge Program ("HBP") administered
by Caltrans. This program enables an estimated reimbursement ratio of 88.53% Federal and 11.47%
local match of qualified project costs. City staff has met with Caltrans staff regarding the details,
requirements, and schedule for processing this project under the HBP. Caltrans staff has indicated
an estimated three to five-year time period for authorization and completion of the various consultant
selection, preliminary engineering, pre-construction field studies, and environmental processes.
Additionally, because Federal funds are involved, the HBP approach requires all potential projects
undergo a lengthy environmental assessment under the National Environmental Protection Act
("NEPA") to be administered by Caltrans. After NEPA certification is granted, only then can final
engineering design, bidding, and construction begin. Under the HBP reimbursement scenario,
City staff estimate a possible schedule for initiation of construction of a replacement bridge structure
in 2014 or later. Based upon the inspection information generated from the various reviews of the
existing structure, City staff is increasingly concerned for the continued use of this bridge into the year
2014 or later.
The City Council adopted 1994 City-wide Master Drainage Plan includes funding for the future
replacement of the Encinas Creek Bridge. The project is also included in the 2008 plan. The Encinas
Creek Bridge Project is listed in the Planned Local Drainage Area "C" program for which development
fees have been collected over the years to fund future replacement and upgrades to necessary
drainage and related infrastructure projects. As an alternative funding source to participation in the
Federal HBP process, City staff recommends the City Council utilize the Planned Local Drainage Area
"C" funds for this project. This fund currently contains an available balance of $3.5 million dollars for
qualified projects which includes replacement of the Encinas Creek Bridge.
A preliminary estimate for all costs associated with the replacement of the Encinas Creek Bridge is
approximately $1.5 million including preliminary and final design, environmental review, securing
Resource Agency permits and approvals, construction, inspection, testing, and miscellaneous project
expenses. The City Council adopted Fiscal Year 2008/09 Capital Improvement Program budget
includes an appropriation of approximately $1.5 million of PLDA funds for this project.
PageS
BRIDGE REPLACEMENT - CARLSBAD BLVD. AT ENCINAS CREEK - PROJECT NO. 3919
TASK DESCRIPTION
Design
Construction, Inspection, Materials Testing
Environmental Mitigation & Monitoring
Right-of-Way Acquisition
Studies and Reports*
TOTAL
APPROPRIATED
TO DATE
$273,844
1,090,550
225,000
0
101,156
$1,690,550
EXPENDITURES/
ENCUMBRANCES
TO DATE
$0
0
0
0
101,156
$101,156
REMAINING
BALANCES
$273,844
1,090,550
225,000
0
0
$1,589,394
•Expenditures to date of $96,650 funded out of the South Coastal Redevelopment Area Fund were related to refurbishing the existing
bridge. Caltrans recommended replacing the bridge due to its deteriorated condition. Once it was determined the bridge would be replaced,
the funding was changed to a more appropriate source.
Sufficient funds are available to complete the project design and environmental work. The cost
associated with Nolte's design agreement for this task is $218,129. The cost associated with EDAW's
environmental agreement for this task is $198,661. If both of these three year agreements are
approved, $1,172,604 will remain for other tasks associated with this project. Nolte's agreement and
EDAW's agreement may both be extended for two additional one year periods in an amount not-to-
exceed $50,000 per agreement year ($200,000). City staff recommends approval of the attached
professional service agreements and initiation of the project development process.
EXHIBITS:
1. Location Map.
2. Resolution No. 2008-309 approving two professional services agreements and
appropriation of funds for the replacement of the Encinas Creek Bridge.
3. Agreement with Nolte Associates, Incorporated.
4. Agreement with EDAW, Incorporated.
3
LOCATION MAP
SITE
NOT TO SCALE
CITY OF OCEANSIDC
SITE.
VICINITY
MAP
NOT TOSCALE
PROJECT NAME
ENCINAS CREEK BRIDGE
PROJECT
NUMBER
.3919
EXHIBIT
1
DRAWN BY: SCOTT EVM1S. CAR1.S8M) ENGINEER/NC DEPT. 4/17/08 C:\CAPim\3919.DWG
1
RESOLUTION NO. 2008-309
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS FOR
DESIGN AND ENVIRONMENTAL SERVICES FOR THE
4 ENCINAS CREEK BRIDGE. CITY PROJECT NO. 3919.
5 WHEREAS, the City Council of the City of Carlsbad, California, is the owner of the
6 Encinas Creek Bridge located within the city limits of the City of Carlsbad; and
7 WHEREAS, said bridge requires the design and environmental assessment of a
8 replacement bridge structure; and
9 WHEREAS, Requests for Proposal for said design and environmental services have
10 been received; and
11 WHEREAS, it is hereby declared necessary, desirable, and in the public interest to
12 proceed with the design and environmental services required to begin replacement of the
13 Encinas Creek Bridge.
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
15 California, as follows:
16 1. That the above recitations are true and correct.
17 2. That an agreement with Nolte Associates, Incorporated is hereby approved and
18 the Mayor is authorized to execute said agreement. Following the Mayor's execution of said
19 agreement, the City Clerk is directed to forward copies of this resolution and the executed
20 agreement to the Public Works Department, Engineering - Contracts Administration Division.
21 3. That an agreement with EDAW, Incorporated is hereby approved and the Mayor
22 is authorized to execute said agreement. Following the Mayor's execution of said agreement, the
23 City Clerk is directed to forward copies of this resolution and the executed agreement to the Public
24 Works Department, Engineering - Contracts Administration Division.
25 ///
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
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 2— day of December. 2008, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
/CLAUDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City'Clerk
(SEAL)
3
AGREEMENT FOR ENGINEERING DESIGN SERVICES
FOR THE ENCINAS CREEK BRIDGE PROJECT
NOLTE ASSOCIATES, INCORPORATED
THIS AGREEMENT is made and entered into as of the vQ day of
t/ ^+ s^m &juJ , 2008, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and NOLTE ASSOCIATES, INCORPORATED, a California
corporation, ("Contractor").
RECITALS
A. City requires the professional services of a professional engineering
design firm that is experienced in bridge evaluation and design.
B. Contractor has the necessary experience in providing professional
services and advice related to the replacement of the Encinas Creek Bridge Project,
hereafter the "Project."
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 three (3) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts thereof in an amount not to exceed fifty
thousand dollars ($50,000) 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
7
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 two hundred eighteen thousand one hundred twenty-nine dollars ($218,129).
No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. Incremental payments shall be made on a
monthly basis 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.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
City Attorney Approved Version #11.28.06
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.
City Attorney Approved Version #11.28.06
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.
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.
City Attorney Approved Version #11.28.06
|0
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 City:
Name: Robert!. Johnson, Jr.
Title: City Engineer
Department: Public Works
City of Carlsbad
Address: 1635 Faraday Avenue
Carlsbad, CA 92008
Phone No.: 760-602-2720
For Contractor:
Name: Jack L. Abcarius
Title: Director of Transportation
And Structures
Address: 15070 Avenue of Sciences
Suite 100
San Diego, CA 92128
Phone No.: 858-385-0500
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.
City Attorney Approved Version #11.28.06
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.
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.
City Attorney Approved Version #11.28.06
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.
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 seq.. 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.
City Attorney Approved Version #11.28.06
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
NOLTE ASSOCIATES, INCORPORATED, a
Californie
ARLSBAD, a
oftfieSjfeteo
• Mayor
ATTEST:
CPO
(print name/title)
(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
By:_
jeputy City Attorney
City Attorney Approved Version #11.28.06
NOtTE
October 22, 2008 BEYOND ENGINEERING
EXHIBIT "A"
SCOPE OF WORK
TASK 1 - REVIEW H&H REPORT (2 DAYS)
Under this task Nolte will review the Drainage Master Plan Update prepared by Brown & Caldwell to
determine the reasonableness of the 100-year peak discharge calculated for Encinas Creek. Our
hydrology and hydraulic engineer will contact Brown and Caldwell to discuss and resolve any
outstanding issues. This task will culminate in the determination of the appropriate 100-year design
discharge at the bridge crossing. This flow value will be used to determine the proper opening si2e
for both a box culvert and a pre-fabricated arch system for the final design.
TASK 2 - COMPARATIVE STUDY: Box CULVERT vs. PRECAST ARCH (4 DAYS*)
Concurrendy with Task 1, Nolte will perform a study comparing the use of a box culvert versus a
pre-fabricated precast arch system. This comparison will be made using the 100-year peak discharge
determined from Task 1. The analysis will be done by taking into consideration the following
factors:
^ No. of cells needed to convey the Qioo flows for a box vs. pre-fabricated arch
•^ Hydraulic characteristics of box vs. pre-fabricated arch
^ Potential scour associated with each alternative
•^ Construction time schedule
^ Construction cost
The deliverables for this task will be:
1. Result of our study in letter format
* Indicates that Task 2 may be started at the same time as Task 1.
TASK 3 - SURVEYING SERVICES (30 WORKING DAYS*)
1. RESEARCH: We will perform document and mapping research. Copies of Highway Maps,
Records of Surveys, Subdivision Maps will be used to perform property retracement. Bench
Marks and Horizontal Control point research will be performed and will be used to control
the project surveying.
We will also secure and submit to the City a current preliminary tide report of the affected
real property (area within State Park Property only).
We will also prepare and submit to the City a current property ownership list along with a
boundary map of all property ownerships surrounding the bridge structure for a distance of
1000 ft. This assumes a strip of land 200 ft. wide x 1000 ft. long centered on the existing
Carlsbad Boulevard. This information will be obtained from assessor parcel information.
Easement data and locations will be obtained from tide reports. If required, easement tables
and locations can be obtained and plotted but shall be considered reimbursable. Should
Encinas Creek Bridge
Scope of Work
Page 2 of 7
additional tide reports be required, the additional tide reports shall be considered a
reimbursable expense.
2. HORIZONTAL AND VERTICAL CONTROL SURVEYING: Using Trimble dual
frequency GPS receivers, the Nolte Team will conduct a GPS Control survey to position
project working points and to locate aerial targets. 3rd Order project control positions will be
established using predominately RTK methods.
3. TOPOGRAPHIC SURVEYING AND MAPPING
We understand that aerial topographic mapping exists and that Nolte will receive the survey
along with the horizontal and vertical survey control used for that topographic map. We will
investigate the horizontal and vertical datum so that any further work accurately compares
with existing surveying. In addition to the existing mapping, Nolte will provide conventional
topographic mapping and road cross sections — along with specific bridge locations and
elevations over an approximate 100 ft. x 500 ft. strip. The area to be surveyed shall be
centered on the center of the roadway and shall cover approximately 250 feet, north and
south and approximately 50 feet, east and west of the bridge. As part of the specific area
survey, invert elevations directly upstream and downstream of the bridge will be shot and
recorded at the ends of the wingwalls and at the edge of deck.
4. RIGHT OF WAY AND PARCEL SURVEYING AND MAPPING
A sufficient number of key monuments will be recovered and surveyed to allow for
preparation of the right of way and property line mapping. Using the data recovered and
adjusted, we will use accepted legal principals in analyzing the field evidence collected and
comparing it with record map and deed information in order to resolve and determine the
location of all pertinent boundary lines and street right of way lines.
*Task 3 can start upon Notice to Proceed from the City. This time does not include any information contingent upon
receiving a title report.
TASK 4 - FOUNDATION INVESTIGATIONS (25 WORKING DAYS* w/ NO WEATHER DELAYS)
It is our understanding that the City has closed off the westerly lane to traffic, although pedestrian
access is still open. Therefore, our geotechnical subconsultant has assumed that a traffic control plan
may be required for their investigation which will be limited to two deep borings along the westerly
lane approximately 50 feet apart and centered about the creek centerline. An encroachment permit
may also be needed from the City.
This task will consist of the following items of work:
1. Review pertinent reference documents regarding geotechnical conditions at the site.
2. Coordinate with Underground Service Alert to check for potential utility conflicts.
3. Advance two hollow-stem auger borings, one at each abutment, with a target depth of 50
feet (or to practical refusal) to obtain soil samples to provide geotechnical design parameters
for the bearing capacity and seismic analysis of the site materials.
4. Perform a seismic hazard assessment and select the soil profile type for the site in
accordance with Section 6 and Appendix B of the Caltrans Bridge Manual, August 2007.
5. Perform laboratory testing and data analysis. Testing shall include, at a minimum, direct
shear, soil corrosivity (resistivity, pH, and chloride), soluble sulfate, and gradation testing.
Encinas Creek Bridge
Scope of Work
Page 3 of 7
6. Prepare a draft foundation report providing the design parameters for the proposed
structure. The draft foundation report will be reviewed by both Nolte staff and City staff.
7. Respond to comments from City staff and Nolte designers appropriately.
8. Prepare a final report incorporating the responses to comments as applicable.
* Task 4 can start upon Notice to Proceed from the City.
TASK 5 - BRIDGE HYDRAULIC & SCOUR ANALYSIS (5 DAYS*)
Nolte will use the City-provided topographic mapping with one-foot contour data to create a
proposed conditions hydraulic model to determine the effects on water surface elevations upstream
and downstream of the bridge. Nolte will use the 100-year peak discharge determined in Task 1 for
the hydraulic model. Data (piers, abutments, road deck, soffit elevation) pertaining to the proposed
bridge will be incorporated into the hydraulic model.
The scour analysis includes the evaluation and selection of appropriate scour relationships for the
analyses, and review of bridge foundation geotechnical report. Calculations relative to local and
contraction scour will be made in addition to an estimate for long-term degradation. Sensitivity
analyses will be performed on the proposed conditions model to determine impacts of different
downstream boundary conditions and multiple flood profiles to determine the worst-case velocities
to be used in the scour analysis. Results from these HEC-RAS hydraulic analyses will be used for the
scour calculations. Equations from the Hydraulic Engineering Circular No. 18 (May 2001) published
by the Federal Highway Administration will be used for these scour calculations.
This work also includes the evaluation, recommendation, and hydraulic analysis of scour
countermeasures. A sediment transport model will not be done as part of this scope. A schematic
will be provided to the structural engineer that shows the type of, and dimensions/extent of the
recommended scour countermeasures. A hydraulic report will be done to summarize the findings of
our analyses for both water surface elevations and potential scour.
*Task 5 is contingent upon the completion of Tasks 3 and 4.
TASK 6 - CONCEPT DESIGN (4 DAYS*)
This task shall consist of preparing a preliminary layout of the Bridge General Plan, a preliminary
detour plan, and a preliminary construction cost estimate. This concept design shall be used during
our early meetings with City staff and coordination meetings with ED AW.
*From determination of the Qiao for appropriate siting of the opening(s).
TASK 7 - BRIDGE AND ROADWAY APPROACH DESIGN (2-3 WEEKS*)
Based on the outcome of Tasks 1 and 2 above, Nolte will provide plans for either a box culvert or a
pre-fabricated arch system capable of carrying the standard highway loads in accordance with
AASHTO and Caltrans Bridge Design Specifications. If a box culvert is selected, a special design
will be required due to the highly corrosive environment. Therefore, our cost proposal for Task 7
will be separated between 7A (Box Culvert option), and 7B (Pre-fabricated arch option). Our level
of effort for 7A will be to perform a design, and an independent check, as well as prepare the
appropriate plan details. Alternatively, if the precast arch is selected, our level of effort for Task 7B
will be limited to providing and incorporating the appropriate details since the design will be
provided by the bridge manufacturer. For the purposes of this proposal, we are assuming that the
/ f)I t>
Encinas Creek Bridge
Scope of Work
Page 4 of 7
roadway profile grade will be slightly raised (max. of 3 feet) to allow passage of a higher flow
discharge, if necessary. This increase in profile grade will necessitate transitioning the roadway
approximately 60 feet each end of the bridge, assuming a 2% grade. We anticipate the following
deliverables:
1. Tide Sheet
2. Typical Sections
3. Plan and Profile
4. General Plan
5. Foundation Plan
6. Bridge Typical Section
7. Elevations
8. Miscellaneous Details — 1
9. Miscellaneous Details - 2
10. Concrete Barrier Type 80 SW sheet 1 of 3
11. Concrete Barrier Type 80 SW sheet 2 of 3
12. Concrete Barrier Type 80 SW sheet 3 of 3
* After Task 5 is completed.
TASK 8 - TRAFFIC CONTROL PLAN / DETOUR (10 DAYS*^
This task shall be limited to providing a plan for the detour to allow complete closure of southbound
Carlsbad Boulevard between Solamar Drive to the north, and Island Way to the south. We anticipate
having to route southbound Carlsbad Boulevard traffic to eastbound Palomar Airport Road, onto
southbound Avenida Encinas, to westbound Poinsettia Lane, and then back to southbound Carlsbad
Boulevard. Access between Palomar Airport Road and Solamar Drive and, between Poinsettia Lane
and Island Way will be allowed only for local residents and for construction equipment. This
proposal assumes that no signs will be placed on 1-5, and therefore, no coordination with Caltrans
will be required. We anticipate that a maximum of three (3) sheets will be required under this task.
* Will be completed during Task 7.
TASK 9 - STORM WATER POLLUTION PREVENTION PLAN (5 DAYS*)
Nolte will prepare a Storm Water Pollution Prevention Plan (SWPPP) with input from the City that
will be part of the bid package for this project, and ultimately, retained at the construction site. The
SWPPP has two major objectives: (1) to help identify the sources of sediment and other pollutants
that affect the quality of storm water discharges and (2) to describe and ensure the implementation of
practices to reduce sediment and other pollutants in storm water discharges.
The SWPPP will include Best Management Practices (BMPs) that address source reduction (erosion)
and BMPs that mitigate migration (sedimentation). A Water Pollution Control Plan will be
completed and incorporated into the SWPPP documents. A monitoring program will also be
prepared as part of the SWPPP. The monitoring program will describe the contractor's duties in
conducting inspections of the construction site prior to anticipated storm events and after actual
storm events. Our fee includes one meeting with the contractor to review the SWPPP and to answer
any questions.
Nolte will use the Improvement and/or Grading Plans from the proposed bridge and road
improvements to complete the Water Pollution Control Plan. The Water Pollution Control Plan
Encinas Creek Bridge
Scope of Work
Page 5 of 7
illustrates the temporary mechanical measures (i.e., sandbags, hay bales, silt fences) to be
implemented during the construction phasing. Other sediment control practices that could be
implemented include stabilked construction entrances, materials storage areas, and concrete
washouts. Nolte will need to gather information about the proposed site like the owner's and
contractor's contact information, and responsible parties for SWPPP implementation. All of this
information will be submitted with the Notice of Intent (NOT). Our fee includes addressing three
rounds of plan check comments from the City of Carlsbad.
Notice of Intent
The owner of the land where the construction activity occurs is responsible for obtaining coverage
under the State general permit by filing a Notice of Intent (NOI). Nolte will work with the
contractor/owner to prepare and file an NOI with the State Water Resource Control Board
(SWRCB). The current annual fee for this general permit is based on die approximate project
acreage. The annual fee is not included in our cost proposal. It is anticipated that the City or
selected contractor will pay this fee.
* After Task 7 is completed.
TASK 10 - QUANTITIES (5 DAYS*)
Under this task, quantities for each item of work will be calculated and independently checked for
accuracy and completeness. Quantities will then be compared, and any discrepancies will be resolved
in accordance with acceptable tolerances. A summary sheet of all the quantities will be prepared with
unit costs based on the latest Caltrans cost data book entries. The deliverables for this task are:
1. Quantity Summary sheets in Microsoft Excel format
2. Construction Cost Estimate in Microsoft Excel format
* Contingent upon the completion of Task 7.
TASK 11 - PROJECT SPECIFICATIONS (4 DAYS*)
Nolte will prepare the technical specifications for this project in accordance with Caltrans Standard
Specifications and Standard Special Provisions, and in association with the bridge manufacturer if
applicable. Nolte staff will download, compile, and edit all the appropriate special provisions for the
project. Nolte will incorporate the technical specifications to the front end boiler plate provided by
the City. The deliverable for this task will be:
1. One set of project specifications in Microsoft Word format.
* Contingent upon the completion of Task 7.
TASK 12 - MEETINGS
Due to the urgency of this project and its aggressive schedule, we are assuming that progress
meetings will occur on a bi-weekly basis. With a total 12-week schedule, we will have 6 progress
meetings plus 4 anticipated coordination meetings with City staff and the environmental consultant.
For the purposes of this proposal, any additional meetings beyond the stated ones can be handled as
"Additional Services".
Encinas Creek Bridge
Scope of Work
Page 6 of 7
TASK 13 - PROTECT MANAGEMENT
From the inception of the project, management services will be provided for control, coordination,
and administration of the work. Key elements of Nolte's management plan include:
•S Use of Action Item Checklists
S Weekly internal status reporting
S Regularly scheduled reporting and progress meetings with the Client
As your Project Manager, I will be the direct interface between the design team, the City, and other
involved parties. As such, my responsibilities will be as follows:
S Serve as primary City contact with authority to render decisions on behalf of the team
S Coordinate and direct the activities of the project team
^ Monitor and control the project schedule and budget
^ Prepare progress reports
•S Conduct progress and coordination meetings
S Prepare meeting agendas and minutes
S Maintain quality assurance
^ Prepare project correspondence
^ Maintain project files
•S Prepare, review, and submit invoices in an acceptable format to the City
•S Ensure that the contractual and technical requirements of the project are fulfilled
TASK 14 - REIMBURSABLES
A not-to-exceed amount of $1,500 to cover the expenses of other direct costs such as blueprints,
reproductions, mileage, and other, will be added as a line item to our invoice, if appropriate.
TASK 15 - CONSTRUCTION SUPPORT SERVICES
The Nolte team will attend the pre-bid meeting and the pre-construction conference, and will
respond to questions regarding the design and specifications during these two meetings. In addition,
we will provide the following support services as necessary:
1. Respond to Contractor's Requests For Information
2. Review and approve Contractor's submittals
3. Review and approve Change Orders
4. Prepare additional details if necessary
5. Review and approve concrete mix designs
6. Prepare As-Built drawings
TASK 16 - BRIDGE INSPECTION
Based on our meeting with City staff on Tuesday, February 26, 2008 we understand that Nolte will
be responsible for performing routine maintenance inspections at six months intervals for two years
from the date we receive an executed contract. For safety reasons, two bridge engineers will go to
the site and perform a thorough visual inspection to determine the structural condition of the
structure. Any changes from the original structural assessment report performed in August 2005 will
Encinas Creek Bridge
Scope of Work
Page 7 of 7
be carefully assessed and documented in our inspection reports. Any significant changes that might
be cause for alarm will be quickly evaluated, and recommendations for immediate action will be
presented to the City for implementation. A total of four site investigations and reports have been
assumed for this scope of work. Additional investigations, if requested by the City, will be handled
as "Additional Services".
ADDITIONAL SERVICES
A 20% contingency fee has been added to our cost proposal to cover unanticipated or additional
services that may be required by the client during the course of this contract. These services may be:
S Additional Meetings
^ Additional Investigations
^ Design and details for architectural renderings
^ Other
CONSULTANT FEE
We propose to perform all of the above services on a Time and Materials basis with a Not-to-
Exceed amount of Two Hundred Eighteen Thousand One Hundred and Twenty Nine
dollars ($218,129) with Task 7A, and One Hundred Ninety Two Thousand Nine Hundred and
Fifty Three dollars ($192,953) with Task 7B. Both of these amounts include a 20% contingency for
"Additional Services". A detailed Cost Proposal spreadsheet has been attached for your review and
approval.
Nolte is excited about starting this challenging project and completing it successfully. Please call me
at 858.385.2128 (direct line) or 858.705.2430 (cellular) if you have any questions concerning our
proposal, or need additional information.
Respectfully submitted,
NOLTE ASSOCIATES, INC.
Ja!ck L. Abcarius, P.E.
Engineering Manager
COPY
Las Encinas Creek Bridge
Fee Proposal
Las Encinas Creek Bridge Replacement
SCOPE/TASKS
Task 1 - Review H&H Report
Review Drainage Master Plan
Determine Appropriate 100-year Design Discharge
Coordinate w/ Brown & Caldwell
SUBTOTAL
Task 2 - Comparative Study
Compare Box Culvert vs. Pre-Fabricated Arch
Coordinate with Pre-Fab Manufacturer
Prepare Letter Report
SUBTOTAL
Task 3 - Surveying and Mapping
Research and Record Calculations
Horizontal & Vertical Control
Conventional Topo Survey and Base Map
Right-of-Way and Boundary
Title Report
SUBTOTAL
Task 4 - Geotechnical Investigations
Encroachment Permit & Traffic Control Plan
Field Explorations
Laboratory Testing and Analysis
Prepare Foundation Report
Prepare Final Foundation Report
SUBTOTAL
Task 5 - Bridge Hydraulic & Scour Analysis
Create & Perform Proposed Condition Model
Perform Scour Calculations
Prepare Technical Memorandum of Results
QA/QC
Respond to Comments
SUBTOTAL
CADD
Tech.l
$105
0
0
24
24
0
0
Assistant
Engineer
$145
0
0
0
0
0
Associate
Engineer
$165
4
2
6
0
2
2
2
6
0
24
12
8
8
52
Senior
Engineer
$176
0
24
4
28
0
4
4
0
Engineering
Manager
$199
4
1
4
9
4
4
1
9
8
8
2
18
2
2
2
2
2
4
4
14
2-Person
Survey
$240
0
0
6
8
24
38
0
0
ODC
$0
$0
750
$750
$0
$0
Subs
$0
$0
$0
1900
8940
1400
3320
3080
$18,640
$0
TOTALS
$1,456
$529
$796
$2,781
$5,020
$796
$903
$6,719
$1,592
$1,770
$4,770
,_ $7,682
$1,148
$16,962
$2,090
$9,834
$1,540
$4,754
$3,388
$21,606
$4,358
$2,378
$1,718
$796
$2,116
$11,366
G:\08BDSCLPA\Proposals\City of Carlsbad\Encinas Creek Bridge\Encinas Creek-Fee Estimatel10-22-2008.xls
Las Encinas Creek Bridge
Fee Proposal
Las Encinas Creek Bridge Replacement
SCOPE/TASKS
Task 6 - Concept Design
Preliminary Bridge General Plan
Preliminary Detour Plan
Preliminary Cost Estimate
SUBTOTAL
Task 7A - Box Culvert & Roadwav Approach Desiqn
Box Culvert Design
Roadway Plans
Box Culvert Plans
SUBTOTAL
Task 7B - Pre-Fab Arch & Roadwav Plans
Roadway Plans
Pre-Fab Arch Plans
Coordinate with Manufacturer
SUBTOTAL
Task 8 - Traffic Control / Detour Plan
Traffic Handling / Detour Plan sheets
SUBTOTAL
Task 9 - Storm Water Pollution Prevention Plan
Create SWPPP Document
Create Water Pollution Control Plan
QA/QC
Respond to Comments
SUBTOTAL
Task 10- Quantities
Prepare and Check Quantities & Summary Sheets
Prepare Marginal Estimate
SUBTOTAL
Task 11 - Project Specifications
Prepare Item List
Download, Assemble, & Edit Specifications
SUBTOTAL
CADD
Tech.l
$105
16
8
24
120
120
12
12
60
60
0
0
0
Assistant
Engineer
$145
0
0
0
0
20
12
8
40
40
40
0
Associate
Engineer
$165
0
60
24
84
24
24
0
0
40
40
4
4
Senior
Engineer
$176
8
12
4
24
12
12
12
6
18
40
40
0
8
8
0
Engineering
Manager
$199
2
2
2
6
2
2
8
12
2
2
4
8
12
12
2
2
4
2
10
2
2
36
36
2-Person
Survey
$240
0
0
0
0
0
0
0
ODC
$0
$0
$0
$0
$0
$0
$0
Subs
$0
$0
$0
$0
$0
$0
$0
TOTALS
$3,486
$3,350
$1,102
$7,938
$10,298
$6,470
$14,192
$30,960
$6,470
$2,714
$796
$9,980
$15,728
$15,728
$3,298
$2,138
$796
$1,558
$7,790
$12,400
$1,806
$14,206
$660
$7,164
$7,824
G:\08BDSCLPA\Proposals\City of Carlsbad\Encinas Creek Bridge\Encinas Creek-Fee Estimate210-22-2008.xls
Las Encinas Creek Bridge
Fee Proposal
Las Encinas Creek Bridge Replacement
SCOPE/TASKS
Task 12 - Meetings
Progress Meetings (6 Meetings @ 2 hrs each)
Meetings with City & EDAW (4 @ 2 hrs each)
SUBTOTAL
Task 13 - Project Manaqement
Management (12 weeks @ 2.5 hrs/wk)
SUBTOTAL
Task 14 - Reimbursables
Other Direct Costs
SUBTOTAL
Task 15 - Construction Support Services
Attend Pre-Bid Meeting
Attend Pre-Construction Meeting
Prepare Meeting Minutes
Assist in Preparation of Addenda
Respond to RFIs
Attend City Council Meeting
Review and Approve Shop Drawing Submittals
Review and Approve Concrete Mix Design
Prepare As-Built Drawings
SUBTOTAL
Task 16 - Bridge Inspections
Thorough Visual Inspections (Total of 4)
Document Findings in Inspection Report
SUBTOTAL
PROJECT TOTAL with Task 7A
PROJECT TOTAL with Task 7A + 20% Contingency
PROJECT TOTAL with Task 7B
PROJECT TOTAL with Task 7B + 20% Contingency
Other Direct Costs are estimated to include the following:
Mileage Reimbursement @ $0.585/mile
Copying of Reports & Calculations @ $0.10/sheet
Plan Reporduction @ $1.25 (Full Size sheets)
Shipping Costs @ $25/package
CADD
7ec/i./
$105
0
0
0
12
12
0
240
132
Assistant
Engineer
$145
0
0
0
0
0
80
80
Associate
Engineer
$165
0
0
0
24
4
28
16
32
48
220
160
Senior
Engineer
$176
0
0
0
4
4
0
120
126
Engineering
Manager
$199
12
8
20
30
30
0
4
4
4
8
12
4
36
16
8
24
216
212
2-Person
Survey
$240
0
0
0
0
0
38
38
ODC
$0
$0
$1,500
$1,500
$0
$0
$2,250
$2,250
Subs
$0
$0
$0
$0
$0
$18,640
$18,640
TOTALS
$2,388
$1,592
$3,980
$5,970
$5,970
$1,500
$796
$796
$796
$1,592
$2,388
$796
$3,960
$660
$1,964
$13,748
$5,824
$6,872
$12,696
$181,774
$218,129
$160,794
$192,953
G:\08BDSCLPA\Proposals\City of Carlsbad\Encinas Creek Bridge\Encinas Creek-Fee Estimate310-22-2008.xls
PWENG646
AGREEMENT FOR CEQA ENVIRONMENTAL
AND PERMITTING PROFESSIONAL SERVICES
(EDAW, INCORPORATED)
/"THIS AGREEMENT is made and entered into as of the (feD day of
LBJL) , 2008, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and EDAW, Incorporated, a Delaware corporation ("Contractor").
RECITALS
A. City requires the professional services of an environmental services firm
that is experienced in CEQA review, environmental sciences and services, and
permitting with public agencies.
B. Contractor has the necessary experience in providing professional
services and advice related to the services required under this agreement.
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 three (3) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year period or parts thereof in an amount not to exceed fifty thousand
dollars ($50,000) 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.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement, notwithstanding
delays outside the reasonable control of contractor.
City Attorney Approved Version #1 1 .28.06
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be one hundred ninety eight thousand six hundred sixty one thousand dollars and
two cents ($198,661.02). No other compensation for the Services will be allowed except
for items covered by subsequent amendments to this Agreement.
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.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
City Attorney Approved Version #11.28.06
27
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.
City Attorney Approved Version #11.28.06
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.
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.
City Attorney Approved Version #11.28.06
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 City:
Name: Robert Johnson
Title: City Engineer
Department: Public Works
City of Carlsbad
Address: 1635 Faraday Avenue
Carlsbad, California 92008
Phone No.: 760-602-2720
For Contractor:
Name: Jacqueline Dompe
Title: Vice President
Address: 1420 Kettner Boulevard,
Suite 500
San Diego, California 92101
Phone No.: 619-233-1454
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.
City Attorney Approved Version #11.28.06
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.
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.
City Attorney Approved Version #11.28.06
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.
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 seq.. 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.
City Attorney Approved Version #11.28.06
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
8
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 condjjipfis of this Agreement
CONTRACTOR
EDAW, INC., a Delaware
corporation
LSBAD, a npfunjcipal
e State of California
(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 Attorney
City Attorney Approved Version #11.28.06
ATTACHMENT 1
ENCINAS CREEK BRIDGE REPLACEMENT PROJECT
SCOPE OF SERVICES FOR
CEQA ENVIRONMENTAL REVIEW AND PERMITTING
April 4, 2008
TASK 1 TECHNICAL STUDIES AND PROJECT DATA COLLECTION ($25,650)
Task 1.1 Data Collection
The following is a description of the data and information to be used to provide regional
characterizations for each of the California Environmental Quality Act (CEQA) issues areas to
be assessed in the Initial Study (IS).
Biological Resources - Existing documentation prepared for the project includes the biological
resources survey and wetland determination and delineation reports, both prepared by EDAW in
July 2006. Information in these reports will be used to the extent feasible. An updated biological
resources map will be developed using data from the California Natural Diversity Database
(CNDDB), U.S. Fish and Wildlife Service (USFWS) Designated Critical Habitat, and the National
Wetland Inventory. Mapping of jurisdictional waters of the U.S. will be updated based on EDAWs
previous wetland delineation study for Encinas Creek. If the limits of impact extend beyond the
existing bridge footprint or manufactured slope, a spring rare plant surveys would be required.
These surveys are not included in this scope of services and estimate. This service could be
provided by EDAW if deemed necessary.
Cultural Resources - The project footprint is unlikely to contain intact cultural sites due to
previous disturbance. However, cultural deposits could exist within undisturbed sediments
along the banks of Encinas Creek. EDAW will utilize existing archeological data to be provided
by the City (as discussed during the October 3, 2007 scoping meeting). Accordingly, cultural
resources record search is not assumed in this scope of work. If, after review of City-supplied
data, additional work is necessary to adequately assess potential impacts to cultural resources,
a separate scope of work and fee estimate will be provided to the City.
Land Use-The City of Carlsbad General Plan (1994, as amended), zoning ordinances, Habitat
Management Plan (2004), Local Coastal Plan (1996, as amended), and other planning
documents for the City will be used to determine land use compatibility and other land use-
related issues. Existing and planned land uses within and adjacent to the project footprint will
be mapped on aerial base maps.
Water Resources - One source of regional water resources and water quality information is
through Project Clean Water, which provides regional watershed management planning and
information resources. The Watershed Urban Runoff Management Plan (City of Carlsbad, et.
al. 2003) will be referenced for information such as sensitive waters, predicted growth,
pollutants of concern, resources requiring protection, and other water resource issues. Local
municipalities, with oversight from the Regional Water Quality Control Board (RWQCB), develop
these plans. The plans address current regulatory compliance needs, as well as watershed-
based approaches to improving water quality. Other reference documents will include Water
Encinas Creek Bridge Replacement Project Page 1
Scope of Services EDAW, Inc.
Attachment 1_Encinas Creek Scope REVISED
Quality Control Plan for the San Diego Basin (i.e., Basin Plan) (RWQCB 1994, amended 2006),
and the City of Carlsbad General Plan (1994), General Plan Master EIR (1994), and
Jurisdictional Urban Runoff Management Plan (2002).
Traffic and Transportation - Data to characterize existing and future traffic volumes and
condition of existing roadways will be obtained from the City of Carlsbad traffic engineering
department and field reconnaissance. Traffic volume counts for peak period AM and PM traffic
will be conducted at up to 3 locations. Machine traffic counts (24-hour average daily traffic
volumes) will also be conducted on Carlsbad Boulevard and the proposed detour route
(assumed to be Avendia Encinas).
Noise - A discussion of potential noise sources and estimated noise levels during construction
will be described. Applicable planning documents, such as the Noise Element of the City's
General Plan (1994) will be used to determine the allowable construction noise limits of
particular areas. It is assumed that no sensitive noise receptors are located within the project
vicinity and that noise monitoring will not be required.
Air Quality - Regional air quality will be described using information from the San Diego Air
Pollution Control District's air quality monitoring network. Additional information may be
provided through the California Air Resources Board or the U.S. Environmental Protection
Agency.
Hazardous Waste - An agency records searches will be conducted to identify hazardous waste
sites located on the property containing the project footprint and neighboring properties
classified as a hazardous waste site under State law. The records search will also identify
business types located within and adjacent to the project footprint that would be likely to store,
transfer, or utilize large quantities of hazardous materials. This information will be obtained from
records maintained by the State of California Department of Health and RWQCB, and other
appropriate agencies (e.g., Department of Toxic Substances Control).
Visual Resources - In addressing potential impacts to visual resources, the City's General
Plan Circulation Element (1994) will be reviewed, and sensitive receptors in the vicinity of
Encinas Bridge will be described. Applicable goals related to visual resources will be identified.
Geology and Soils - Information will be derived from published geologic literature and maps,
such as the Kennedy Maps showing geologic formations for the San Diego area, and
U.S. Department of Conservation Soil Survey Maps of San Diego County. A geotechnical
report will be required for the project. It is assumed that the report will be provided by the City's
engineering design team and is not a part of this scope.
Paleontology - Analysis of paleontological resources will be based upon a review of the
potential for fossiliferous strata identified in geologic maps (Kennedy and Tan 1996) published
geologic literature (Demere and Walsh 1993).
Agricultural Resources - The proposed project is not expected to affect existing agricultural
resources since proposed activities will occur within a developed area, which is not in proximity
to existing agricultural resources.
Encinas Creek Bridge Replacement Project Page 2
Scope of Services EDAW, Inc.
Attachment 1_Encinas Creek Scope REVISED
Recreation - Data sources for recreation will include maps of existing recreation and park
facilities in the area and information from the City of Carlsbad's General Plan Recreation
Element (1994) and correspondence with the State Lands Commission regarding the state
beach adjacent to the project footprint.
Task 1.2 Preparations of Technical Studies
EDAW will prepare technical studies necessary to support preparation of the IS. Impacts will be
evaluated based on the project description (including the location of the proposed limits of
grading and staging areas). EDAW will initiate work on the existing conditions portion of the
technical studies; however, impacts can not be determined until project description information
is provided by the City's engineering design team (see Task 2). A description of the anticipated
technical reports assumed in this scope is provided below.
Because the project intends to replace the bridge in-kind, it is assumed that project impacts
would be associated with construction and limited to the project footprint. The project is not
anticipated to result in changes to the environment post-construction.
A two week review period is assumed for review of technical studies by the City staff.
Updated Biological Resource Surveys
Although EDAW previously completed biological resources survey letter and wetland delineation
reports for the project, the surveys are over 2 years old. Therefore, these reports need to be
updated and conditions verifies. EDAWs biologist and wetland ecologist will conduct a field
reconnaissance of previously surveyed area to verify and update the results of the previous
biological resources surveys.
The sensitive habitats within the project vicinity (i.e., beach, open water, disturbed southern
coastal salt marsh, disturbed coastal and valley freshwater marsh, disturbed wetlands, and
disturbed southern coastal bluff scrub), especially those regulated by the US Army Corps of
Engineers (ACOE) and California Department of Fish and Game (CDFG), are the most likely
resources to be impacted by the proposed project, because these resources are immediately
adjacent to the bridge (EDAW 2006).
A rare plant survey is not anticipated to be necessary for the project. Based on the results of
the biological resources survey performed in October 2005, impacts to the California desert-
thornmint, which was detected more than 100 feet from southbound Carlsbad Boulevard and
the bridge, are not likely to pose a constraint given the low population number, the relatively low
sensitivity status of this species (CNPS List 4 species), and the very disturbed condition of its
habitats. Though the surveys were conducted at a time of year when ephemeral sensitive plant
species would not have been observable, it is anticipated that other sensitive plant species are
absent from the study area due to its highly disturbed condition.
Protocol surveys for sensitive species are not anticipated to be required because no sensitive
wildlife species were detected during the 2005 survey (EDAW 2006). Specifically, sensitive
species known to occur in the project vicinity (Western snowy plover, Least Bell's vireo,
Belding's savannah sparrow, California least tern, and Mexican long-tongued bat) are have a
Encinas Creek Bridge Replacement Project Page 3
Scope of Services EDAW, Inc.
Attachment 1_Encinas Creek Scope REVISED
low potential of occurrence due to the disturbed nature of the habitats within the study area.
The potential for nesting migratory birds is also considered low due to the relatively disturbed
nature of the site.
Traffic Study (performed by subconsultant Linscott, Law and Greenspan [LLG])
The project will require closure of southbound Carlsbad Boulevard in the vicinity of Encinas
Creek Bridge during construction. A temporary detour will be necessary to route traffic around
the construction site, most likely to Avenida Encinas east of Carlsbad Boulevard. EDAWs
subconsultant LLG will utilize the obtained circulation and traffic volume data described above to
prepare a traffic study that will assess impacts from closure of southbound Carlsbad Boulevard
and the temporary detour. The analysis will provide mitigation measure to minimize
construction related traffic impacts from the bridge replacement. The study will also include an
analysis of bicycle and pedestrian access construction-related impacts as well as proposed
remedies to these impacts to alleviate or minimize access issues during construction, to the
extent feasible. In addition, the analysis will consider to what degree recreational parking would
be affected during construction, and any remedies for impacts to parking supplies. The
proposed project would not permanently alter existing traffic volumes or roadway configuration;
therefore all impacts would be considered temporary.
It is assumed that the City will prepare a construction traffic management plan for the proposed
project.
Task 1 Deliverables
This task will include the following deliverables:
• Two (2) hard copies and one (1) electronic copy (PDF) of the draft and final Updated
Wetland Delineation Report and Biological Resources Survey Letter and Traffic
Analysis. One round of comments on each technical report will be incorporated as
appropriate.
• Geographical Information System (CIS) shapefiles with metadata for the biological
resource survey data
TASK 2: COORDINATION WITH DESIGN ENGINEER ($4,965)
EDAW will support the City and the City's engineering consultant during the preliminary
engineering design phase. This support includes the following:
• Provide input on design option and make recommendations regarding potential
environmental and permitting issues
• Make recommendations regarding implementation of conceptual traffic control and
detour options
• Support the design team in identifying project components that are key for the
environmental analysis, including, but not limited to: the project area and limits of work; a
Encinas Creek Bridge Replacement Project Page 4
Scope of Services EDAW, Inc.
Attachment 1_Encinas Creek Scope REVISED
description of the bridge remove and replace activities to be conducted; estimates of
construction traffic; quantity of material to be excavated from the channel; and area of
vegetation to be cleared; anticipated construction schedule; and, types of construction
equipment to be utilized
TASK 3 PREPARATION OF ENVIRONMENTAL DOCUMENTATION ($47,390)
Task 3.1 Prepare Draft Initial Study
The Draft IS will be prepared in compliance with CEQA and State CEQA Guidelines (as
amended), and will based on the City's Environmental Impact Assessment - Initial Study form.
The Draft IS will describe the proposed project, the existing conditions, and the potential
adverse and beneficial environmental effects resulting from the implementation of project.
Impacts will be assessed based on the project description information and the results of the
technical studies discussed above in Task 1. Measures to reduce or eliminate adverse
environmental effects will be provided.
A two week review period is assumed for City review of the administrative Draft IS. One set of
revisions from the City will be incorporated into the public review Draft IS.
Task 3.2 Prepare Final IS/Mitigated Negative Declaration (MND)
EDAW will prepare a MND in accordance with CEQA, which will include an explanation of why
the proposed project will not have a significant environmental effect. The public review Draft
IS/MND will be circulated for a 30-day public review period, as required by CEQA (Section
21091.3).
It is assumed that the City will be responsible for the preparing and distributing the public Notice
of Availability (NOA) for the Draft IS/MND and Notice of Intent (NOI) to adopt the MND. It is
assumed that the City will distribute the Draft IS/MND and Notice of Completion (NOC) to the
State Clearinghouse.
EDAW make revision the Draft IS/MND based on substantive public comments (i.e., comments
that bring to light new information not covered or when it is necessary to correct the text)
received during the 30-day review period. Comments and responses will be documented to
facilitate review of the Final IS/MND. It is assumed that up to 20 substantive public comments
will be received on the Draft IS/MND. (Note that one comment letter may contain more than one
substantive comment).
Task 3 Deliverables
This task will include the following deliverables:
• Two (2) hard copies and one (1) electronic copy (PDF) of the administrative Draft
IS/MND
• Twenty-two (22) hard copies and one (1) electronic copy (PDF) of the public review Draft
IS/MND
Encinas Creek Bridge Replacement Project Page 5
Scope of Services EDAW, Inc.
Attachment 1_Encinas Creek Scope REVISED
• Two (2) hard copies and one (1) electronic copy (PDF) of the Final IS/MND
TASK 4 LOCAL, STATE, AND FEDERAL PERMIT PROCESSING ($77,135)
Task 4.1 City Applications and Permits
EDAW will act as an Authorized Representative for the City. EDAW will fill out a Land Use
Review Application and support the City in preparing applications for the following City permits:
• Coastal Development Permit
• Habitat Management Plan Permit
• Special Use Permit
EDAW will coordinate with the City and Nolte to obtain the necessary information for the City
permit process. It is assumed that Nolte will prepare the site plan for the City application
process.
Task 4.1 Deliverables
One (1) electronic copy (via email) of the draft applications for the above listed permits will be
provided. It is assumed one round of comments on the draft applications will be incorporated,
as appropriate. One (1) electronic copy and two (2) hard copies of the final permit applications
will be provided to the City.
Task 4.2 State and Federal Permit Processing
EDAW shall prepare and submit on behalf of City all permit applications required for the project,
except the construction phase Storm Water Pollution Prevention Plan (SWPPP) which will be
managed by Nolte. The following permits will be prepared:
• Nationwide Permit 14 for Linear Transportation Crossings to authorize impacts to
jurisdictional habitat (anticipated to be less than one-third of an acre of tidal waters and
non-tidal adjacent wetlands) from the Corps pursuant to Section 404 of the Clean Water
Act (404 Permit 14);
• Water Quality Certification from the RWQCB pursuant to Section 401 of the Clean Water
Act (401 Certification);
• Streambed Alteration Agreement from the CDFG pursuant to Section 1600 of the Fish
and Game Code; and
• State Lands Commission Encroachment Permit.
It is assumed that no because the project is a remove and replace in-kind, no offsite mitigation
will be necessary. A conceptual mitigation plan will not be prepared as part of this scope of
work; however, this service could be provided with a contract amendment.
No sensitive plant species were detected within 100 feet of the study area, and it is anticipated
that sensitive plant species are absent from the area immediately surrounding the bridge due to
Encinas Creek Bridge Replacement Project Page 6
Scope of Services EDAW, Inc.
Attachment 1_Encinas Creek Scope REVISED
its highly disturbed condition. The potential exists for grunion habitat west of the bridge. It is
assumed that the project will be designed in conformance with the avoidance measures and
habitat compensation guidelines outlined for this species in the City of Carlsbad's Habitat
Management Plan (2004). The project is not anticipated to impact threatened or endangered
species; therefore, this scope of work does not include formal consultation with USFWS and/or
CDFG for federal and state listed species.
Resource Agency Meetings/Coordination
Upon contact award, EDAW will initiate coordination with the appropriate Resources Agency
contacts to emphasis the importance of expediting this important project for the purpose of
public safety. The overall approach to acquiring permits includes effective and efficient
communication with agency staff to (1) expedite the permit processing schedule to the extent
feasible, (2) help develop strategies and alternatives early in the process that will comply with
regulatory requirements, and (3) ensure that the team is preparing all information necessary to
submit a complete application package in the initial submittal. Agency schedules mandated by
regulations are initiated only once an application is considered complete, so submitting a
complete application is imperative to meet the aggressive schedule. EDAW will prepare the
Resource Agency permit applications on behalf of the City and respond to one round of agency
comments for each permit application. EDAW can not guarantee the response time and
ultimate outcome of the permitting effort.
Toward this end, the team will meet with agency staff starting early in the process and continue
through submittal and processing (six meetings). Meetings will include one joint preapplication
meeting (Corps, RWQCB, and CDFG likely held at the CDFG offices); one joint agency field
meeting (also including city staff charged with processing the CDP), and up to four meetings
during permit processing/negotiations.
Permit application fees or other processing fees up to $1,000 for each payment will be paid by
EDAW and reimbursed in full by the City. EDAW will pay for up to at total of $7,500 in permit
processing fees. Any permit application or other processing fees over $1,000 for each payment
will be paid by the City.
404 Nationwide Permit 14 for Linear Transportation Crossings
It is assumed that the project will meet the threshold for a 404 Permit 14 (i.e., impact will be less
than one-third-acre of tidal waters and less than one-half-acre of non-tidal adjacent wetlands).
Based on the meeting/coordination feedback and sensitive project design, a pre-construction
permit notification package will be prepared and submitted to the City for review. The permit
notification will be revised and a permit packet will be submitted to the Corps for a 404 Permit
14 authorization.
401 Certification
A 401 certification application will be prepared for the City's review. One final 401 certification
package will be provided to the City for submittal to the RWQCB.
Encinas Creek Bridge Replacement Project Page 7
Scope of Services EDAW, Inc.
Attachment 1_Encinas Creek Scope REVISED
Streambed Alteration Agreement
One (1) Streambed Alteration Agreement permit application will be prepared for the City's
review and one final permit packet will be provided to the City for submittal to the CDFG.
State Lands Commission Encroachment Permit
EDAW will coordinate with the State Lands Commission regarding encroachment onto the
Carlsbad State Beach during construction activities. One (1) encroachment permit application
will be prepared for the City's review and one final permit packet will be provided to the City for
submittal to the CDFG.
Task 4.2 Deliverables
One (1) electronic copy (via email) of the Administrative Draft and Draft Application Packages
for the 404 Permit, 401 Certification, Streambed Alteration Agreement, and Encroachment
Permit will be provided. It is assumed one round each of City and agency comments on the
draft applications will be incorporated, as appropriate.
Two (2) hard copies and one (1) electronic copy of the Final Application Packages will be
provided to the City.
Task 4.3 OPTIONAL TASK - California Coastal Commission Coordination
The California Coastal Commission (CCC) has the authority to appeal the City's CDP for the
project. In the event of an appeal, EDAW will support the City by attending up to 3 meetings
with the CCC and attending one CCC hearing to hear the appeal (possibly requiring travel to
northern California). This Optional Task would be provided for a fee of up to $5,000.
Should subsequent permit processing or coordination be required for the CDP following an
appeal, these services could be covered under the contingency task or as a contract
amendment.
TASK 5: PROJECT MANAGEMENT AND COORDINATION ($13,262)
EDAWs project manager will provide the day-to-day coordination with the project team and City
staff. A Project Management Plan (PMP) will be prepared through the use of a spreadsheet that
lists each work product's budget, document control, QA/QC, team roles, and estimated delivery
dates. The PMP will include a milestone schedule to specify a target endpoint of each round of
client and agency review and projected resubmittal dates. The schedule will be developed in
coordination with the engineering design schedule. The project schedule will be updated as the
project progresses and provided to the City's Project Manager. Concise project status updates
will be provided to the City with monthly project invoices, including any revisions to the schedule
or outstanding issues.
EDAW will coordinate with the project team regarding project issues, data, reports, and any
other information or materials necessary for preparation of the environmental documentation for
the project. EDAWs project manager will attend up to four project-related meetings at the City
Encinas Creek Bridge Replacement Project Page 8
Scope of Services EDAW, Inc.
Attachment 1_Encinas Creek Scope REVISED
(not including the six meetings assumed with the resource agencies), including the City
Planning Commission Hearing to approve the project.
TASK 6: CONTINGENCY ($25,260)
A contingency of $25,260 (15 percent of fee for the services described above) will be included in
the contract to cover unforeseen coordination or services that may arise during project
implementation (e.g., additional fieldwork, studies, meetings, etc.). Use of the contingency
funds will require prior authorization by the City.
ASSUMPTIONS
1. Nolte will prepare a detailed project description with components that are key for the
environmental analysis, including, but not limited to: the project area and limits of work; a
description of the bridge remove and replace activities to be conducted; estimates of
construction traffic; quantity of material to be excavated from the channel; and area of
vegetation to be cleared; anticipated construction schedule; and, types of construction
equipment to be utilized.
2. Nolte will also prepare the project SWPPP, construction detour plan, and traffic control
plan.
3. The City will provide existing digital files (GIS, AutoCAD) necessary for the
environmental analysis including, but not limited to, the project design, site topography,
and General Plan land use.
4. EDAW will attend up to 10 project-related meetings (not including the 3 meetings for the
Optional Task 4.3).
5. A two week review period for City staff is assumed.
6. This scope does not include any cultural resources surveys, protocol biological surveys,
or noise monitoring. These services could be provided under a contingency or
authorization a contract amendment, if necessary.
7. The City will handle the local agency review process, all public noticing, and all
distribution to resource agencies.
FEE
The fee for the above scope of work is $168,401, as detailed in Attachment 2. In addition, a
contingency of $25,260 for unforeseen services will be used only upon authorization from the
City. The Optional Task 4.3 (CCC Coordination) will be $5,000. EDAW will invoice the City on
a monthly basis for time and materials in an amount not to exceed $198,661.
Encinas Creek Bridge Replacement Project Page 9
Scope of Services EDAW, Inc.
Attachment 1_Encinas Creek Scope REVISED
ATTACHMENT 2
Environmental Services for Encinas Bridge Replacement Project - CEQA and Permitting Support
Submitted by: EDAW, Inc.
April 4, 2008
EDAW
Vice President (J. Dompe)
3roject Manager (L Cavallaro)
Senior Engineer/Scientist (J. Guigliano)
Engineer/Scientist (B. Maddux)
Analyst (A. Olazabal)
Senior Biologist II (P. Jacks)
Biologist III (J.Zinn)
Biologist 1 (B. Calantas)
Staff Archaeologist (C. Bowden-Renna)
GIS Specialist (P. Augello)
Graphic Artist (D.Brady)
Word Processor
Administrative
Technical Editor
Rate
$250.00
$125.00
$195.00
$110.00
$95.00
$170.00
$125.00
$90.00
$85.00
$90.00
$90.00
$85.00
$90.00
$100.00
TOTAL EDAW LABOR
Taskl
Data Collection and Technical
Reports
Hours Costs
2 $500.00
16 $2,000.00
0 $0.00
0 $0.00
0 $0.00
4 $680.00
16 $2,000.00
32 $2,880.00
0 $0.00
30 $2,700.00
2 $180.00
16 $1,360.00
2 $180.00
8 $800.00
128 $13,280.00
Task 2
Preliminary Engineering
Design and Project Description
Support
Hours Costs
2 $500.00
24 $3,000.00
4 $780.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
4 $360.00
0 $0.00
2 $170.00
0 $0.00
1 $100.00
37 $4,910.00
Task 3
Preparation of Environmental
Documentation
Hours Costs
6 $1,500.00
40 $5,000.00
2 $390.00
8 $880.00
200 $19,000.00
8 $1,360.00
0 $0.00
24 $2,160.00
8 $680.00
80 $7,200.00
16 $1,440.00
40 $3,400.00
2 $180.00
20 $2,000.00
454 $45,190.00
Task 4
Permits (not Including CCC
Coordination)
Hours Costs
8 $2,000.00
60 $7,500.00
24 $4,680.00
40 $4,400.00
110 $10,450.00
8 $1,360.00
32 $4,000.00
80 $7,200.00
0 $0.00
56 $5,040.00
8 $720.00
48 $4,080.00
6 $540.00
24 $2,400.00
604 $68,370.00
TaskS
Project Management and
Meetings
Hours Costs
8 $2,000.00
54 $8,000.00
8 $1,560.00
0 $0.00
0 $0.00
8 $1,360.00
0 $0.00
0 $0.00
0 $0.00
2 $180.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
90 $13,100.0C
Total
Hours Costs
26 $6,500.00
204 $25,500.0(
38 $7,410.00
48 $5,280.00
310 $29,450.0(
28 $4,760.00
48 $6,000.0(
136 $12,240.01
8 $680.0(
172 $15,480.01
26 $2,340.00
106 $9,010.00
10 $900.0G
53 $5,300.00
1,313 $144,850.01
Sub-Consultants Rates
LLG SO.OO
SUB-CONSULTANT COST
EDAW MARKUP ON SUB-CONSULTANT 1 0%
TOTAL SUB-CONSULTANT COST
Taskl
0 $10,290.00
$10,290.00
$1,029.00
$11,319.00
Task 2
0 SO.OO
$0.00
$0.00
$0.00
Task 3
0 $0.00
$0.00
$0.00
$0.00
Task 4
0 $0.00
$0.00
$0.00
$0.00
TaskS
0 SO.OO
$0.00
$0.00
$0.00
Total
0 $10,290.0(
$10,290.0(
$1,029.0C
$11,319.0(
Project Expenses
Couriers/Postage
Equipment
Maps/Film/Photos
Reproduction
Mileage & Parking $0.485
Vehicle Use (Rental at cost, Company 4X4 S75.00
Miscellaneous (Permit Fees)
PROJECT EXPENSES COST
EDAW MARKUP ON EXPENSES 1 0%
TOTAL PROJECT EXPENSES COST
Cost
$50.00
$80.00
$100.00
$500.00
0 SO.OO
3 $225.00
0 SO.GO
$955.00
$95.50
$1,050.50
Cost
SO.OO
SO.OO
50,00
S50.00
0 SO.OO
0 SO.OO
0 $0.00
$50.00
$5.00
$55.00
Cost
$0.00
$0.00
$0.00
$2,000.00
0 $0.00
0 $0.00
0 $0.00
$2,000.00
$200.00
$2,200.00
Cost
$0.00
$0.00
SO.OO
$400.00
140 S67.90
0 $0.00
S7.500.00
$7,967.90
$796.79
$8,764.69
Cost
SO.OO
SO.OO
$0.00
S50.00
200 S97.00
0 SO.OO
SO.OO
$147.00
$14.70
$161.70
Cost
$50.0C
$80.00
$100.0C
$3,000.00
340 $164.9C
3 $225.0C
$7,500.0C
$11,119.9t
$1,111.95
$12,231.85
TOTAL EDAW LABOR & OTHER DIRECT COSTS
TASK 6: CONTINGENCY (15% of fee)
OPTIONAL TASK 4.3: CCC COORDINATION
TOTAL PROJECT FEE (NOT TO EXCEED)
$25,649.50|$4,965.00|$47,390.00]$77,134.69]$13,261.701 $168,400.6!
$25,260.1'
$5,000
$198,661.0;