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HomeMy WebLinkAbout1981-01-06; City Council; Resolution 63961 2 3 4 5 6 1c 11 12 12 14 1E 1f 17 1€ 15 2c 2: 2: 2; 21 2! 2( 2' 2r ~ RESOLUTION NO. 6396 A RE~O~UTION OF THE CITY cow" OF THE CITY OF CARLSBAD, CALIFOqNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBqD AND McDANlEL ENGINEERING COMPANY FOR PROVISION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A BRIDGE iOVER AGUA HEDIONDA LAGOON AT CARLSBAD BOULEVARD I The City Cduncil of the City of Carlsbad, California, does hereby resolve as follows: ~ 1. That cdrtain agreement between the City of Carlsbad and McDaniel Engineering Company for provision of plans and specifications for the construc- tion of a bridge pver Agua Hedionda Lagoon at Carlsbad Boulevard, a copy of which is attachedl hereto and incorporated herein by reference, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 6th - day of January , 1981, by the following I vote, to wit: 1 AYES: Council Members Casler, Anear, Lewis and Kulchih NOES: None , ABSENT: Council Member Packard I 1 I ATTEST : I (SEAL) -- BRIDGE 1 2 3 4 5 SPECIFICATIONS FOR THE CONSTRUCTION OF A OVER AGUA HEDIONDA LAGOON AT CARLSBAD BOULEVARD 6 7 ted 8 to require pre-cast, pre-str 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 28 4 I 0 I THIS AGREEMENT, made and entered into as of the day of , by and between the CITY OF CARLSBAD, a municipal cor- , 1"- poration, hereinafter referred to as 'ICity", and McDANIEL ENGINEERING COMPANY, a Cat ifornia corpqration, hereinafter referred to as "Consultant". IN ADDITION, the fol "Stat4" refers to the Cal agreement: l owing items are defined for use in this I fornia Department of Transportation, Dis- trict 11; ''Engineer" refers to the City Engineer of the C 1 "Project" refers fo the construction of a 180t foot four- Hedionda Lagoon in the City of Carlsbad. The Project ivc ty of Carlsbad; and ane bridge over Agua udes approach and adjoining .pavemend reconstruction and widening in the area along Carlsbad Boulevard from Tamarack Avenue to Cannon Road. I WITNESSETH: WHEREAS, the City requires the services of an engineering con- sulting tirm to pAovide the necessary engineering services for construction of a bridge over theiAgua Hedionda Bridge at Carlsbad Boulevard; and I .. YHEREAS, Consultant possesses the necessary ski1 s and quali- fications to provi~de the services required by the City; ARTICLE I: dOW, THEREFORE, the parties hereunto agree as follows: Sicope of Consultant Services l/he scope of work includes the preparation of plans, specifi- cations and b widening from inari ly evalu d ddcuments for the construction Tamairack Avenue to Cannon Road. of the bridge and pavement The structure has been prelim- ssed concrete I-beam of box structure should comply with all state and fedelral bridge and highw'ay standards and requirements. The gned to be structurally adequate for all anticipated bridge shall be dels ~ EXHIBIT B i SCOPE OF WORK - ENVIROlWENTAL PACKAGE Land Use Cultiiral CARLSB~D BOULEVARI! BRIDGE OVER THE HEDIONDA LfGOON INLET AND STREET IMPROVEX:.I%NTS Resources TASK I -I ENVIROHME~ITAL DOCIJMEMTS 1. -_ Early Consul ka t i on ar.d Ccn t i nuing- Coord ina t ion with Federal., State ad Local Agencies: I Prepare for; notify federal, s~-a~ocal agencies such as FHIJA, Caltrans, Coastal Ccmission, Corps of Engineers, and others; hold non-public mketing with these agencies at a CarLsbad location. Maintain continuing close liaison with E'HWA, Corps of Engineers, Coastal Commission and cther appro- priate agenctcs as work on environmental assessment and other tasks continues. 1~ 2. Enviromentat Assessnent/FONSI : Prepare environmental assessment ih accordance witll-Dendinz revisims to the Caltrans Loch1 Prograns Manual' (ancizipated in October 1980). Environmental Assessment document will consist of an Initia: Study Supplement (ISS), since it is understood t~at an XnitiaL Study has already been done, and completion of an environmental assessment: chcckiisc, which will be fully supported by appropriate multi- disciplinary: analysis as necessary in the areas of: The Initial environments; assessment effort, a separate noise study will be performed in accordance with FHPM 7-7-3. Historic Property Survey will be completed in order to determine ifithe bridee that,will be replaced is in any way consider d historic, and the State Historic Preserva- tion Officer e will be contacted. be prepared $n conformance with FIIYM 7-7-9. tudy Supplement will consist of a detailed narrative the Need for the Project, Projecr Environnental Setting. As part of the An An air quality study will ,1 i i 3 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 for environmental 1 oac permits for the Project including Coastal Commission and ing con1 -2- itionis. A 1 existing facilities requir-ng removal, reL2sign or restoration due t(o Project construction shall be included in the contract. .Right-of-way and environmental requirements and certifications for state and federal projects Ito be complied with shall be included in the design cost and I I shall be provided1 to the City. I lin order to expedite the design and consultant process with the State and Citb, the Consultant shall submit a preliminary civil design package and an enlironmental package. shall be reviewedl and approved by the City and funding agencies prior to pro- ceeding with finai design. the City and funding agencies and the necessary portions of it to various per- The prel iminary civil design package I I The environmental package shall be submitted to I t mit authorities f r approval. b the preliminary civil design package shall include: 1. All surveys necessary to obtain precise and clear locations of the bridge be lo- and rights-of-way1 and proposed street widening. cated precisely ii relationship to the control line used. Rights-of-way should 2. Utility resea,ch 1- and tentat'ive disposjtion or relocation of any i i ing utilities. 3. 4. Out1 ine of dekign alternatives and cost-saving measures. A preliminary layout plan of the various alternatives. I I terfer- These items are approved by the City and funding agencies prior to sub- mitting the The environmental package shall include: 1 2 3 4 5 6 7 8 9 10 11 11. All plans and form satisfactory 12. Certification 1'2 13 14 15 16 . 17 18 19 specifications and submitted itenis shall be developed in a to the City and funding agencies. by a soils engineer shall he provided for the stability of 20 21 22 23 24 25 26 27 28 red 10. Fifty copies df plans and specifications for publication after final ap- for design. prova 1 s. j this Project. 13. The Consu formation' requ ARTICLE II: Tbe scope of City staff responsibilities shall be as follows: 2. The City will make available upon request any documentary record or data I available to it. I 3. A copy of the /local programs manual wil i tant, either by S!ate, or in default of act vide a copy to be /photocopied. ARTICLE 111: qrogress and Completion i I which is attachedihereto as Exhib this Project. .Extensions of time and agreed to in hriting by the C be made available to the Consul- on by the State, the City will pro- The work (designated as environmental package and preliminary civil design package) under this contract will begin within ten days after receipt of notifidation to proceed by the City and be completed within five months of that date. The Consultant has prepared a critical path schedule t A and made a part of the scheduling of may be granted if requested by the Consultant ty Ehgineer. The Consultant will begin work of the preliminary civil on the final desibn package upon receipt of approva I I -4- I. 2 3 4 5 6 7 8 9 IO 11 22 13 14 15 16 17 18 19 20 ignated as Task I at 21 22 23 24 25 the completion of Task 1. The Consultant shall be entitled 26 27 28 Incremental payments design package and will be completed within ten months of that date. eration of such requlsts of extension of time, the City Engineer will give allow- In consid- may be made up to a total of the 75% maximum upon submission ance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of on the part of the Consultant, or delays caused by City inaction or othkr agencies' lack of timely action. ARTICLE IV: I Feks to Be Paid to Consultant Th lump sum fees payable in installments according to Article V shall be $26,308 f i the environmental package and $99,300 for the total civil design package for a total contract of $125,608, as shown on Exhibit C. No other ir , compensation for services I will be allowed except those items covered by supple- I mental agreements pel Article VIII, Changes in Work. ' Th4 fee payable to the Consultant for the civil design portion' 1 Df the contract is g aranteed by the Consultant for a period of dne year only from the date of sigdature of this agreement (if no notice to proceed with the final civil design plckage has been recejved). li I of ncm-issuabil ity of permits for Task. 1 I. I the^ Consultant shall be entitled to a 30% payment of lump sum upon the receipt mits or evidence fee for the civi des i gn package. desiign package at the time of approval of the preliminary The (Consultant may invoice any documented prel iminary desi,gn I costs to other firms gainst the 30% payment for the preliminary design portion prior to approval of he final design package and receive payment for completed dork provided that'subh cost does not exceed 25% of the lump sum fee for the I , /I 1 2 3 4 .5 6 7 8 9 10 1% 12 13 14 15 16 . 17 le 19 2c 21 22 22 24 25 26 27 2e plished up to a Upon final approval will be paid (up .The remaining 10% civil design packabe. If Consultant elects to do so, only the remainder of the 30% payment wi 1 be due at the time of approval of.the preliminary design total of 75% of total lump sum fee for the civil design package of the final design package an additional incremental 15% to 90% of the total lump sum fee for the civil design package) ,shall become due and payable at the completion of the con- package. After notice to proceed on the final design package, incre- mental payments upon submission of evidence of work accom- ing records, and other evidence pertaining to costs incurred and, further, to struction of Projdct, but no later than two years from date of approval of the final design provilding all work under this agreement is completed and approved I by Engi neer. I ARTICLE VI: Final Submissions I yithin 1 15 days of completion and approval of the final design, the Consultant shill deliver to the City the following items: suitably bound and 1. on white paper. Fifty copies 4f the plans and spec + reduced set of draw I I spec i f i cat ions. fications in a form ngs shall be bound .. J nto each set of 2. sheets. Original mylaks at scale of the drawings reproducible on standard 24" x 36" 3. ARTICLE VII: All final eng'ineering certifications and documents. The Consultant shall be acceptable to the State and shall hold reviews of qrogress of work at no more than three-month intervals with the I State and the Cidy. The Consultant shall establish a working place and office I at a location acceptable to the State and the City, The Consultant and Con- I 1 2 3 4 .5 6 7 8 9 10 11 12 13 3.4 15 16 ’ 17 18 19 20 21 22 23 24 25 26 27 28 times during the cbntract period. Such materials are to be available for in- I spection by authorlized representatives of the City, the State, or the Federal Government, and cobies thereof shall be furnished if requested. Following with the Federal Highway Administra- crof i i’med and shall be retained for a final settlement the contract accounts tion, such and documents may be m fter FHWA payment of f nal voucher, or for a four-year period from the dake of final payment under the contract, whichever is longer. .The Consultant musk sign a certification, attached hereto as Exhibit D, which shall be executed by a principal or authorized corporate official of the Con-. sultant, and by a principal administrative officer of the governmental agency 1 responsible for thk select ion of the Consultant. ARTICLE VIII: Ckanges in Work If, in the course of this contract, changes seem merited by th Consultant or the Lity and informal consultations indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request ~ a change in the contract. Such changes shall be processed by the City in the following manner. ~ A letter out1 ining the required changes shall be forwarded to the City or Con S ultant to inform them of the proposed changes along with a statement of estim ted changes in charges or time schedule. After reaching 7 I unaffected portions of the agreement. Changes the Consultant or ‘the City shall be ordered by State gives prior pproval to fhe work, who wi Consultant’s firm of the necessity of such act b mutual agreement the City and also be the proposal, a supplemental agreement shall be prepared by ed by the City Council. Each supplemental agreement shall the State prior to the performance of the work under such agreement shall not render ineffective or invalid requiring immediate action by the City Engineer, providing the 1 inform a principal of the on and follow up with a supple- mental agreement covering such work. I I - 7- 1 2 3 4 5 6 7 8 9 . 20 11 1% 12 14 15 1E 17 l€ 1s 2c 23 22 2: 24 21 24 2' 21 paid or agreed to 0 pay any company or person, other than a bona fide employee, .I rhe lump sum amounts detailed in this agreement shall be ad- justed for change , either additive or deductive, in the scope of work. ARTICLE IX: Design Standards 1- I I The Consultant shall prepare the plans and specifications in accordance with the design standards ,of the State of California and recognized current design practice. Applicable City of Carlsbad standards and regional standards shall be used where appropr obtained from theiCity of Carlsbab or ARTICLE X: &ovenan t aga i ns t Con I l ate. State I ngen Cop i es of Cal Fees - of such standards shall be fornia, as appropriate. The Consultant warrants that Consultant has not employed or .re- annul this agreemdnt without liability, or, in its discretion to deduct from the agreement pride or considerati-on, or otherwise recover, the full amount of such fee, commissilon, percentage, brokerage fee, gift, or contingent fee. I ARTICLE XI: Nbndi scriminat ion Clause , Tlhe Consultant shall comply with the regulation of the Depart- ment of Transportaltion relative to nondiscrimination in federally-assisted pro- grams. T - ARTICLE XfI: I or perform the wor this contract for of the termination rmination of Contract the event of the Consultant's failure to prosecute, deliver as provided for in this contract, the City may terminate onperformance by notifying the Consultant by certified mail of the contract. The Consultant, thereupon, has five workinl -8- 1 2 3 4 5 6 7 8 9 10 11 sultant has perfor 12 13 14 contract completed the Council shall the Code of Federa D ARTICLE XIII: - 15 36 17 18 19 20 21 22 23 24 25 26 27 28 days to deliver sa the City Engineer. upon the documents under this agreeme question of fact o parties. .Such que among persons oper to writing by the copy of such docum along wish recomme parties. The City letter along with resolution thus ob outlining the disp tion through the o consider the direc the City Council s in this procedure at law. ARTICLE XIV: - C T for the City and S d documents owned by the City and 11 wo k in t The City Engineer shall make a determination of fact based delivered to City of the percentage of work which the Con- ed which is usable and of worth to the City in having the Based upon that finding, as reported to the City Council, etermine the final payment of the contract in compliance wii Regulations. sputes a dispute should arise regarding the performance of work t, the following procedure shall be used to resolve any interpretation not otherwise settled by agreement between tions, if they become identified as a part of a dispute ting under the provisions of this contract, shall be reduce( rincipal of the Consultant firm or the City Engineer. A nted dispute shall be forwarded to both parties involved ded methods of resolution which would be of benefit to both Engineer or principal receiving the letter shall reply to tl .. recommended method of resolution within ten days. If the ained is unsatisfactory to the aggrieved party, a letter te shall be 'forwarded to the City Council for their resolu- fice of the City Manager. The City Council may then opt to ed solution to the problem. In such cases, the action of all be binding upon the parties involved, although nothing hall prohibit the parties seeking remedies available to ther ecking of Shop Drawings and Consultation during Constructior e Consultant shall review upon request the following items ate during the construction of the Project at no additional -9- 1 2 3 4 5 -6 7 8 9 20 11 12 13 14 15 16 17 18 19 2c 21 The 22 2?1 24 25 Consultant is hired to render a professional service only 26 27 2e d .. 0 or separate cost: 1. Drawings for dl1 shoring, falsework, coffer dams, forms. 2. Concrete mix d,esigns. 3. 4. I stressing jacks, m-aterial properties. Reinforcing b& schedules, mill tests. Pre-stressing )drawings, equipment and proposed methods; cal ibration of pre- I rating data; piling. ngs. 5. Pile driv 6. Temporary ‘7. Bridge ra ~ ng ekuipment traflic rail 1 ingl, , 8. Electrical fixtures including 1 ighting standards. I 9. 10. Bridge deck screed grades, camber and falsework settlement adjustments. Bridge demolition plans and procedures. i The Consultant shall provide as-built drawings from the records of the inspec- tors and contractod at the completion of construction. the Project. Cons sign with R.C.E. nu su Th ing thi rty (30) day suspension or termi semble the work pro deliver said produc be paid for work pe exceed the guarante ARTICLE XVI: - :ant shall certify as to the correctness of all designs and ier all plans, specifications and estimates furnished. lension or Termination of Services ; agreement may be terminated by either party upon tender- ’ written notice to the other party. In the event of such ation, upon request of the City, the Consultant shall as- Jct and put same in order for proper filing and closing and to City. In the event of termination, the Consultant shal Formed to the termination date; however, the total shall no: I A total maximum. City shall make the final determination a: -IO-- 1 2 3 4 5 6 7 8 9 10 11 vided for in the 12 13 14 15 16 17 1t 1s 2c 21 22 2: request for proposal. 24 2E 2E 23 2E able for inspection ARTICLE XX: Hold to the portions of tasks completed and the compensation to be made in complianci with the Code of Federal I Regulations. ARTICLE XVII: Stgtus of the Consultant I lby City and State representatives. Harmless Agreement Thb Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consul- tant's independent shall be under control of the City only as to the result to be accomplished and alling, and not as an employee of the City. Consultant c I agencies whose apprgval is necessary. ARTICLE XIX: Owdership of Documents A1 1 plans, studies, sketches, drawings, reports and specifica- I not be liable for a& claims, liabilities, penalties, fines, or any damage to goods, properties, qr effects of any person whatever, nor for personal injuries or death caused by, lor resulting from, or claimed to have been caused by, or I I , ~ resulting from, any act or omission of Consultant or Consultant's agents, -It-. 1 2 3 4 5 6 7 8 9 10 12 12 13 14 15 16 . 17 . 1E 1s 2C 21 22 22 24 ZE 26 27 28 and employees against any cost and expense 4 any of the foregoing liabilities and claims therefor, and that is incurred by the City or State on account of any e -12- . employees or reprdsentatives. Consultant further agrees to indemnify and save free and harmless the City and the State and their authorized agents, officers, on all insurance' pblicies relative to this contract I ARTiCLE XXI: Ais i gnmen t of Contract Tie Consultant shall not assign th s contract or any part thereof or any moniles due thereunder without the prior written consent of the City. I ARTICLE XXlI: Sulbcontract ! ing If/ the Consultant shal I subcontract any of the work to be per- formed under this contract by the Consultant, Consultant shall be fully respon- sible to the City f r the acts and omissions of the Consultant's subcontractor and of the persons kither directly or indirectly employed by the subcontractor, as Consultant is foh the acts and omissions of persons directly employed by Con I r I I sultant. Nothing chntained in this agreement shall create any contractual re- I lationship between any subcontractor of Consultant and City. The Consultant I shall bind every su(contt-actor and every subcontractor of a subcontractor by the terms of this contract applicable to Consuitant's work unless specifically I I noted to the contrar/y in 'the subcontract in question approved in writi'ng by the I city. 1 ARTlCLE XXI I I: Prohibited Interest "7 I 1 personally in this 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 contract or any part thereof. 20 21 22 23 24 25 26 27 28 in connection with the construction of the Project shall become directly or in- directly interested personally in this contract or in any part thereof. No officer, employeej'archi tect, attorney, engineer, or inspector of or for the City who is authotized in such capacity and on behalf of the City to exercise any executive, su J ervisory, or other similar functions in connection with the I performance of thi(s contract shall become directly or indirectly interested any officer, agent or execution of this con ons herein contained nor such verbal agteement or conversation entitle the'consul tant to any addi- I tional payment whatsoever under the terms of this contract. and and ass ART ARTICLE XXV: Successors or ASS igns '* S J, bject to the provisions of Article XX, all terms, conditions provisions herdof shall inure to and shall bind each of the parties hereto, l each of their &pective heirs, executors, administrators, successors and I i ! gns. CLE XXVI: Eflective Date , This contract sh 11 be effective on and from the day and year ~ first above writteniproviding authorization to expend funds has been received from the State. i ARTICLE XXVI I: codf~ ict of Interest I Thk Consultant shall file a conflict of interest statement wit the City Clerk of th/e City of Carlsbad. The Consultant shall report under Categories B, Q and IF of Section 302 of the Carlsbad Conflict of Interest Code. I I ARTf CLE XXVI I I : Cosb Reporting I Anyidocumentation or written report shall contain in a separ- ~ ate section the numbkrs and dol lar amounts of a1 1 contracts and subcontracts I -13- - : i L C t r 1 E z 1C 11 12 12 14 LE 1E 17 PE 19 2c 21 22 23 24 25 26 27 28 0 relating to the preparation of the document or report unless less than $5,000. I WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD 1 McDANlEL ENGINEERING COMPANY I ATTEST: CITY ATTORNEY ’ APPROVED AS TO FORM: BY STATE OF CALI FORN IA -14- ‘ .( I I .. ........ ........ --. . 1,; . . {. 1 i . .?-I f .I ..... ........ ... 4 ................ " -. .............. .. $. I /:!.I .: ..!,.! .I : 1 : 1.8 ' :. .___.._.._ c..- ..I i I. ..... ... .... .. ..L. I ... - f I! ... :.. ..... 1: ... i. .............. ...... .... ... ..... i .. ways in which Thus, the be used to the projecl design can nitigatc such impacts. environmental assessment support analyses will mitigate significant environmental impacts to 3. 4. 5. 6. that challenge of the CEQA Negatide DscLaration/Meetings With City Staff/ .-c . either the accuracy or the sufficiency environmental assessment document as required by CEQA. - -u Pu5lfC Hearing Attcndance: In order to compiy with the Cdifornia EnvironaencxQuality Act (CEQA) , it: will be necessary td circulate the compie'eed federal environ- mental asseqsment along with appropriate cover pages, as would a CEQA document. The specified number of copies wi.11 have ti be circulaced through the State Clearing- house. After the public review period, a public hearing consultant will prepare the necessary docunelles for the public hearing, such as mailing list, public natice for the newspaqer, etc. for use by the City. Assistance will be provided to the City in achieving the above objectives as weI.1 aslmeeting wiFh City Staff as ilccessary through- out the environmental assessment approval process (up to the total 'to I.? held ;by the City of Carlsbad will be necessary. The I 4 umber of hours specified in the cost schedule). , I .. 0 EXHIBIT B effort should Environmectal be performed in further preparation of an Assessment/FONSI, a formal environmental I 8. Documentation,prepared under.the Environmental Assessment/ FONSI will belprepared in such a fashion as to bc assernble- able into an EIR at a later date if necessary, although an EIR will nbt he prepared as part of this effort. ! I TASK II - PERMIT -- APPLICATIONS T- 1. Pernits Requiied: It is anticipated that at least three These include the peanit: appiic.+tions will be required, Coastal Commission, Corps of Engineers, probably the California Fi$h 3nd Game 'Commission, and possibly a Coast Guard permit, although the need for the latter cannot be determined at this time. It is understood that U.S. Fish and Wildlife ervice approval is normally part of the Corps of Engi$eers process and would not require a separate perm t action. f 2. Level of Effokt: approvals is liiormally made after the necessary environ- mental documehts have been approved, and because the approval processes by these agencies can be complex and time-consuming, it is difficult to provide an accurate estimate of the amount of effort that will be zequired. In fairness tb both the City of Carlsbad and the consult- ant, the follhwing course of action will be taken. The environmental 1 consultant will provide up to 120 ho:irs effort in pretaring required permit applications for the City of Carlsbad to officially submit. This effort will include attending meetings as necessary, preparing appli- cations and exhibits, seeking preliminary guidance from these agencies, and responding to their requests for Because application for these permit 3 7 .* Should it the course of the of the proposed unmitigable sigcificant impacts, in further preparation of an agrees that no unusable additional a formal environmental the extent of as the April 30, 1980 Fiesta Island Eridge and Street: Improvements '\Early Consultation" meeting in Mission Bay, San Diego will be conducted. I Documentation [prepared under the Environmental Assessment/ FONSI will be brepared in such a fashion as to be assemble- an EIR will not be prepared as part of this effort. 8'. I able into an E)IR at a later date if necessary, although 1 TASK I1 - PERMIT AP?ELCATIONS. 1. Perrrits Requirbd: It is anticipated that at least three These include the? pemft appiicaqions will be required, Coastal Commission, Corps of Engineers, probably the California ?is4 c7nd Game Commission, and possibly a Coast Guard permit, the need for: the latter cannot be determined at It is understood that U.S. Fish and Mildlife is normally part of the Corps of would not require a . separate I 7 2. Level of Effort; Because application for these permit approvals LS normally made after the necessary environ- mental. documents have been approved, and because the will be taken. The will provide up to 120 hours effort in permit applications for the City of submit. This effort will include attendink meetings as necessary, preparing appli- cations and exhibits, seeking preliminary guidance from these agencies, $nd responding to their requests for d i 3 I 4. additional i 120 hours, i be made avni basis, with Carlsbad. I City in obta the level of be senegotiar course of acr Non-Approval permitting ai because of ti -I- - upon si te-spc viding ir,suf i deemed to hat provided here Payment for F environmental _I -- Task I .will n of thcse serv tainties conc r-equked for EXHIBIT B *. ?ut. 3ble to be billed against on an as-needed is writter: concurrence of the City of ling any of the necessary permits exceeds 2ffort set forth above, the contract will ?d to provide for a ,mutually-satisfactory .on. Should the level of effort exceed is proposed that up to I00 additional hours the level of effort requircd to assist the )f Permit A pl-ications: -20 approve a pprmit application lir policies or due to a decision based ific issues (other than the consultant pro- cient information), the consultant will be fulfilled his performance of that task iis Should any of the n. rinit Application Services: Payment for consuiting services provided €or within t be contingent upor! successful cmpletion ces set forth in Task 11, due to the uncer- rning the length of time that may be inal approval of the permit applications. r, Project Manager I EXHIBfT 8 120 . .. 1 SCOPE OF WORK AND FEES Traffic Analyst Rate - DXRECT LABOR Hours 24 12.50 30 8.00 Project Manage Environmental 40 (Supper: t> Typist I Project Manager ~ Typist . Graphics Special'st Tech. Editor/Rep (Support Services) I I Assembly . 10 t8 60 40 36 12.50 15.00 8.00 LO. 60 LO. 60 12.50 12.50 12.50 12.50 6.00 8.00 7.00 iz. so 6.00 8.00 7.00 Total 300.00 240.00 1,500 .OO 360.00 560.00 318.00 ' 424.00 500.00 500.00 1, 0co. 00 600.00 360.00 320.00 252.00 I I;, 500.00 -i 60.00 * 80.00 2b. 00 i EMPLOYEE BENEFITS 15% DIRECT COSTS (Subcontractors) Bi oLog i s t Archaeologist Marine Ecologica 'Historic Propert MATERIAL . Maps, photos, ma Report printing/ @ .05/page INDIRECT COSTS (OVE Approved overhea FEE - TOTAL COST 9: Lump sum fee for TasC referred to in Item t of Exhibit B. EXHIBIT B Survey !rial trox IEAD) rate = 100% 1,335 .OO c 1,200.00 500.00 850.00 400.00 2,950.00 40O.00 1,000.00 1,400.00 -% 8,902.00 2,819.00 S26.308.00* I and Task II Scope of Work is for Level of Effort mder Task I of Exhibit B and Item 2 under Task 11 I.. . . .* .. EXHIBIT C I. BRIDGE DESIGN, PS&Ei Preliminary Phase, inal Design Phase, Construction Phase P DIRECT LABOR 1 I HOURS I RATE AMOUNT CLASS. Principal Engineer (1) Senior Draftsman (3) 953 $20.04 $ 19,098.12 538 9.00 4,842.00 $ 23,940.12 : . 20% $ 4,788.02 I 1 EMPLOYEE BENEFITS DIRECT COST'S I Add under Cirect Costs 1 Bridge and Roadway Design -. I - ~ INDIRECT CCSTS (Overheak) 100% .. $ 28,728.14 Approved Overhead Rate FEE (profit) $ 8,618.44 - TOTAL COST $ 66,074.72 -. -\ .. -1- I- . ------ :.: .. .. . .. .. ... , EXHIBIT C 'LUbI~ SUM FEE ESTINATE ('Bridge G Rcadway Design) . Preliminary Phase, Fdnal I Design Phase I j IIOURS 1.. I-- DIRECT - LABOR . . -. RATE c-- AMOUNT - CLASS. -e_ $ 15.00 $ 4,080.90 7.50 2,850.00 - 1 272 ~ 380 -._. .. 1 Senior Civil Engineer (2) Junior Draft- ,man . (4) $ 6,930.00 , .. 20% $ 1,386.00 -_ EMPLQYEE BENEFITS ----- ,ridge and Roadway Design DIRECT COSTS Add under Direct Costs - XNDXRECT COSTS (Overhead Approved Overhead Rate FEE (prof it) TOTAL COST J $ 8,316.00 100% $ 2,494.80 -- $ 19,1.26.80 ._.. . . . .. ._ . XIX. .. .. . .. . _... . .. .. , EXHIBIT C 4 -. I I DIRECT COSTS - l3wi.d e and Roadway Design (Excluding Environmental Impact Report) P .. .I .. 35-24'' x 36" mylar sheets1 -- other Direct Costs : Printing (Plans) 50 sets /of 25 I Cost ccu Included in nom" office overhead costs. Included in normal office overhead costs e I Specifications ?Joxd Proc e ssing Suyveying (Aerial. and Gr4ur.d Control) Surveying (Bridge detail, I ROW staking) . ,. $ 1,000.00 3,362.00 .. .. .. .. .. . 1,938..00 Total Direct CostsjBridge and Roadway Design (Excluding environqcntal engineering support $ 14,lOO,OO I services] I I I I 1 ~ NOTE: Due to the multi agency reviews that will be involved it is anticipated that project specifications will require numerous, inter- mittent additions, escldsions, reyisions, ctc. Consequently, word processing of the specifications is considered to be the most orderly and economic means of achieving a professional and coherent end product. pra j cc t: T This would en4ail outside costs unique to this particular I I *~ I I I d" I. 11. I11 1 .. I. c - BRIDGE DESIGN, PS4 ROADWAY IMPROVEXEI DIRECT COSTS, BRIl (Not including Eni .. Electrical Des Soils Investig< Surveying, Aer Surveying Gro Env i r o nmr n t a 1 Support Servic Specification TOTAL PROPOSED FE i.' Y , 0 EXHIBIT C )!TAL PROPOSED FEES !S: DESIGE, PS&E----------- $ 19,126.00 ;E & ROADWAY DESIGN xonmental Impact Report) pi, PS&% 8 3,300.00 Zion $ 4,500.00 31 $ 3,362.00 id $ 1,938.00 ig ineering 3 To be negotiated >rd Processing $ 1,000.00 -. $14,100.00 $ 14,100.00 St EXHIBIT B SCOPE OF WORK $ 26,308.00 99,300.00 - EXHIBIT C SCOPE OF WORK $125,608.00 .- . . .. I ". .. , , : f "1 HEREBY i author i zed rep whose zddress nor the above' cont i ngent fee bona fide cnpl solicit or sec (a) e"? (b) agree contract, to e connect i on wi t ..- e EXHI[rJ'T ll-lg 1980-1 EXHIBIT .D CERTIFICATION OF CCNSULTANT *+ and duly , . ^I :RTIFY that I am the !scntative of the firm of (Title) > 1 ' , and that.neither I rmI here represent bas: .. .. .. ., .. I . :,I" . .. . . _. .. . .,. . . :',. !d or retained for a comission, percentage, brokerage, or other consideration, any"f;rm or persor? (cthor tnan a lee wrkrng solely for- rne or the above consultant) to .e this ayrecrIient; )lay or retain the services of any firm or person in tcarrying out the agrement; or as an express or implied condition for chtaining this I (c) paid, jr ao,reed to pay, to any firm, organization or person (other than a bana fide employee working solely for me or the above consultant) any /fee, contribution, dcnation, 01' consideration of any kind for, or in conneiction with, procuring or carrying out the agreenent; I except as pressly st'ated (if any): e that this certificate is to be furnished Lo the State nsportztion in connection with this agreement in,cfvirig Federal-aid highway funds; and is subject to applicable State and Federal 'laws, both criminal and civil. I I I (Dijtef (Signature) L *. i CERTIFICATION ( ,+ 1 SIEREBY CERTIFY thal Highway Department of the and 'that the above consul1 reqai r-cd, cii rect ly or ind. connection with obtaining . '. ,. .*.. .. t* , :.(z,j mp! Oy or 'rktai n: .... . -a person; .or.. ..... .. .. - -. .. ..... . _.I . - .. ,: (b) pzy, or agree to . . fee, contribut ior .. .except as here expressly 5 .. .- . ... ... ... ... ... .. ... ... .. .. .# .. , . :. I acknor~l edge 'that%- BEt~a~'tirmt of..Trarispjrtati z-tjci yratl'on of Federal -; ate ar;d Federal lztis, bc ... .. .. ...... '5 .. --,- (Date) .. - .. : <.:. .. ....... .:. -9 ...- . -_ .*- . ...... .._ .. , . , . \:; . .i .:-.. ... i. . -: .... ..-> ' ..... :. . ..... ... I. ....... ..... ._ . . ... ,.. - . . EXHIBIT 11-ih 1980- 1 EXHIBIT E LOCAL AGENCY 'S ,HIGHWAY DEPARTMENT I am the (Title) . r, of ,the * .¶ ;.: ng firm or his representative has not,.bcen _. ccal Agency of . .. '. > .I.!." I .X I.!.. ectly as an -express. or imp1 ied. condit,ion;.fn _. . - r carrying out this agreement to: or agre? to;empl*~..or:i-etain, -.aAy.t+i*iii ... o;.*,, ., ay, to any firm, persdnj cir organization,'any " " ... .... ... . :. .. ... *I' ,..:'...'.. ... .. . _.. .. . :: ::;.,"; .:*.t:! .... .. - ... donation, or consideration of any ..kind; . _. .. ,. I I .. .. ated (if any).: .. ' ..... .. .- .... 2*. . ,!'.. .. *: 5 . I.. . - .-.. . ... . ... ... :. ..... I. .. .I .. . I " .. .. - .; .. s certifica-te'.is'.ti 'bii .f&yishej' the,State:., ..-. .-.a ' n, in. connection. with this agreenent.involving, d 'highmy funds, and ,is subject '-lo apcl iiab?e' it crimiml and ci.vil. .... .. .. i ~ v':. i ,... *. , .- ,. -. ! . .:. .. , .-. .. ..- . .. .. .. ... .. (Signature) ... - .. .. -.