HomeMy WebLinkAbout1997-11-18; City Council; Resolution 97-679L II 0 0
1 RESOLUTION NO. 97-679
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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COMPLIANCE, A NEGATIVE DECLARATION AND A
CARLSBAD, CALIFORNIA, APPROVING ENVIRONMENTAL
SEVERAL SIDEWALK SEGMENTS WITHIN THE CITY SIDEWALK 5
INC., TO DESIGN PROJECT NO. 3560 CONSISTING OF CONSULTANT AGREEMENT WITH BERRYMAN & HENIGAR,
PROGRAM.
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WHEREAS, the City Council of the City of Carlsbad has found this project was previous
described in the General Plan Consistency Determination that was made on November 4, 1992
for the entire City Sidewalk Program of February 1991; and
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9 WHEREAS, the City Council of the City of Carlsbad has reviewed, analyzed :
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specific project; and 11
considered the Negative Declaration EIA 97-06 that was issued on August 19, 1997 for
12 WHEREAS, based on the EIA Part II and comments thereon, the City Council finds i
13 there is no substantial evidence that the project will have a significant effect on the environn-
14 and hereby APPROVES the Negative Declaration EIA 97-06; and
WHEREAS, the City Council does hereby find that the Negative Declaration EIA 97
have been prepared in accordance with the requirements of the California Environmental Qu:
Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlst
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18 WHEREAS, the City Council finds that the Negative Declaration EilA 97-06 which \ -I’ prepared and published reflects the independent judgment of the City Council of the CiQ
2o I I Carlsbad; and
21 WHEREAS, the City Council of the City of Carlsbad has previously appropriated fund:
22 the design and construction of the City Sidewalk Program; and
23 WHEREAS, proposals have been solicited for the design of the projects from quali
24 engineering firms; and
WHEREAS, Berryman & Henigar, Inc., was selected as the best qualified to der 25
Project No. 3560 for a fee of $79,580 and that sufficient funds are currently available in the prc
account.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst
2 California, as follows:
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1. That the above recitations are true and correct.
2. That a consultant agreement with Berryman & Henigar, Inc., for the desigr 11 Project No. 3560 as described in the attached contract is hereby approved and the Mayor ,
5 11 City Clerk are hereby authorized and directed to execute said agreement.
6 3. Following the Mayor's signature of the agreement, the City Clerk is furl
authorized and directed to forward copies of said agreement to Berryman & Henigar, Inc., ant 7
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the Engineering Department Planning and Design section for their files.
10 PASSEQ, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cou
11 held on the 18th day of November , 1997 by the following vote, to wit:
12 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
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15 I I ATTEST: -I
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18 I (l"dL.GQ- ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
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AGREEMENT FOR
ENGINEERING SERVICES FOR PROJECT NO. 3560
THIS AGREEMENT is made and entered into as of the 18th day of
November , 192, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and BERRYMAN & HENIGAR, INC.,
hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a professional engineering Contractor to provide the
necessary engineering services for preparation of plans, specifications, cost estimate,
and right-of-way documents; and Contractor possesses the necessary skills and
qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Contractor agree as follows:
1. CONTRACTORS OBLIGATIONS
The scope of services to be provided are described in Exhibits “A”, “B”, and “C”,
as follows:
0 Exhibit ”A” - Consisting of Tables I , 2, and 3.
0 Exhibit “B” - Project Understanding and Issues, dated Sept. 26, 1997,
Pages 1 to 3.
0 Exhibit “C” -*Technical Approach, dated September 22, 1997 & Table 1 ,
Pages I to 5.
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2. CITY OBLIGATIONS
The City shall provide:
A. Copies of all existing City reference data as researched and requested by
Contractor.
B. Review of the plans, specifications and cost estimate for the purpose of
determining the general conformity to City Standards and Project Scope.
C. Acquisition of right-of-way after Contractor has provided the City with plats
and legal descriptions.
D. Provide R-values for Buena Vista.
E. Provide City’s boilerplate specifications.
F. Handle all environmental requirements.
G. Handle all FIA agreement issues.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt of
notification to proceed by the City and be completed in accordance with Exhibit “A”.
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the Project Manager. The Project Manager will give allowance for
documented and substantiated unforeseeable and unavoidable delays not caused by a
lack of foresight on the part of the Contractor, or delays caused by City inactidn or other
agencies’ lack of timely action.
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4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be in accordance
with Exhibit "A. NO other compensation for services will be allowed except those items
covered by supplemental agreements per Paragraph 8, "Changes in Work." The City
reserves the right to withhold a ten percent (10%) retention until the project has been
accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of time as shown on Exhibit "A". The
contract may be extended by the City Manager for one (1) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City's
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the plans, specifications, cost
estimate and right-of-way documents, via the City Engineer's signature on the plans,
the Contractor shall deliver to the City the following items: .
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A. All items as described in Table 2 of Exhibit “A.
8. Two (2) copies of all other calculations generated by the Contractor in the
completion and execution of the provisions of this contract.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carisbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
. solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
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the City shall have the right to annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
IO. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the 'City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City Engineer. The City
Engineer shall make a determination of fact based upon the documents delivered to
City of the percentage of work which the Contractor has performed which is usable and
of worth to the City in having the contract completed. Based upon that finding as
reported to the City Manager, the Manager shall determine the final payment of the
contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to Ci,ty. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
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.however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the City Engineer. A copy of such documented dispute shall be fowarded to both
parties involved along with recommended methods of resolution which would be of
benefit to both parties. The City Engineer 0-r principal receiving the letter shall reply to
the letter along with a recommended method of resolution within ten (1 0) days. If the
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the
dispute shall be forwarded to the City Council for their resolution through the Office of
the City Manager. The City Council may then opt to consider the directed solution to
the problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seeking
remedies available to them at law.
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13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carisbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its ~
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor
from the selection process. p (Initial)
The provisions of Carisbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
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14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this ,
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hidher employees or subcontractors. The :
City shall not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of the Contractor or hidher employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
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The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for his/her records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
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18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission of the Contractor, any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, except where caused
by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad.
Contractor shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, officials, employees and
volunteers. Contractors indemnification of City shall not be limited by any prior or .
subsequent declaration by the Contractor. '
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in. this contract shall
create any contractual relitionship between any subcontractor of Contractor and the
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City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns. .
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24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City's conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
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A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive 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 shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily :
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance, required under this
agreement contain, or are endorsed to contain, the following provisions.
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1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
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27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title
Name
Address
For Contractor: Title Senicr Vice ?resident
Name Keith Giilfiliar,
Address Serryrran 6: XeKigar, i159rJ K. 2err;ardo
Cotlrt, Suite i00, SY, C\ 92127-1522
R.C.E. License Number:
R.C.E. License Number:
33434
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
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hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this mth day Of November 9 1997.
CONTRACTOR:
BERRYMAN & HENIGAR, INC.
By: ' (sign here) f
led4 C/;ih%J ATTEST: (print namehitle)
By: LfiQ'iq ,3 , P JAtQn, "
(sign here)
m4fiy 7- &fl/k.j~~< J&-,-e&,q
(print'name/titley '
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ALETHA L. RAUTENKRANZ City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
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CALIFORNIA ALL-PUR a E ACKNOWLEDGMENT 0
State of California
County of San Diego
On October 8. 1997 before me, Kristine P. EuMoulin, Notarv Public
personally appeared Keith Gillfillan and Mary J. Bermman I
E3 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in hishedtheir authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Date Name and Tale of OKmr (e.g.. "Jane Doe. Notary Publii
Name@) of Signer@)
& @ Siture am& of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent : fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: -t for Enaineering Services for Project No. 3560
Document Date: October 8. 1997 Number of Pages: 25
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Keith Gillfillan Signer's Name: Mary J. E3erqmn
individual 0 Individual
0 Corporate Officer Kl Corporate Officer
0 Partner - Limited 0 General 0 Partner - 0 Limited 0 General Title(s): Secretary
0 Guardian or Conservator Guardian or Conservator
E Other: senior
Vice-President
Signer Is Representing: Signer Is Representing:
Berryman & Henigar, Inc. Beiryman & Henigar, Inc.
Q 1994 Nattonal Notary Assoclatiin 8236 Rernmet Ave.. P.O. Box 7184 Catwga Park. CA 913047184 Pmd. No. 5907 Reorder: Call Tall-Free 1-800-87
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. abl le 1 through Table 3 define the City ncheck Milestones, the timing and requiremen S Of each submission. and * + the fee allocation per submittal milestone.
categories for Special set of Soecifications of Specifications
1) Green Book format e M.S. Word disk.
used throughout 0 Same as loo%, Special Provisions t
document for each excepting MS. Word Standard Specifications
.) Use MS. Word 0 Standard Referenu
format throughout. Drawings andlor Utility
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1.
Ip FEE I $79.580.w/
MAXIMUM PAYMENTS $35,020.00 $34.476.00 I 86,073.00 In $4,011 .c
PER MILESTONE
\ Percentage of Fee Allocated LEGEND
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** Upon City Engineer's Signature of Plans
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September 26,1997 ly
EXHIBIT “B”
The sidewalk project consists of three separate locations where construction of sidewalks
are being proposed. The three locations are as follows:
Location Street/Sidewalk Segment Length Side of
(feet) Street
1. Buena Vista Ave. Pi0 Pic0 Dr. to Highland Dr. 1320 * Both
2. Basswood Ave./ At Northwest corner of the intersection of 200 * NorthfWest
3. Alga Road Corte Casitas to Cazadero 1320+ SouthEast
Donna Drive Basswood Ave. and Donna Dr.
Description of work for these three locations is as follows:
Buena Vista Avenue
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A community out-reach program to assess the public’s desire in this area.
Widen Buena Vista Avenue to full width (40 feet curb to curb) on both sides within
the ultimate 60 foot right-of-way.
Add pavement, curb, gutter, and sidewalk to both sides. Add an A.C. overlay to the
existing pavement.
Consider storm water flow and storm drain requirements.
Obstacles include mature trees, landscaping, hardscaping (including 28 existing
driveways) and fences.
Utility relocation’s, power poles, etc.
Right-of-way issues, total 32 parcels, right-of-way required for 19 parcels.
Add two pedestrian ramps at west end.
Basswood AvenueDonna Drive
0 Add sidewalk, existing curb and gutter.
0 Add Pedestrian Ramp.
0 Obstacles include mature trees, sign, hardscape and mailbox.
0 Utility relocation, power pole.
0 No additional right-of-way required.
Alga Road
0 Add sidewalk on the SouthEast side, existing curb and gutter.
0 Add retaining walls where required.
0 Obstacles include trees and bushes, City to relocate trees.
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EXHIBIT “B”
Utility relocation, street lights, electric meter and air release valve.
No additional right-of-way required.
For purposes of this proposal the following assumptions are being made:
Buena Vista Avenue
Drainage
1. A local hydrology study will be performed.
2. Drainage from the east crossing Highland Drive will be handled by a cross gutter.
3. Drainage will be conveyed in the widened street.
4. Existing inlet at the north east curb return at Pi0 Pic0 Drive will be relocated to
5. If it is determined a storm drain system is necessary, it will be considered as a change
provide for pedestrian ramp.
in the Scope of Work.
Private Landscape and Imgation Imurovements
1. Private landscape (plant materials) modifications as a result of the street widening will
be handled by notes on the plans and specifications that the Contractor is responsible
for replacement as determined in the field.” The imgation modifications will also be
handled by similar notes on the plans and specifications.
2. Existing hardscape improvements will be removed within the proposed right-of-way.
The remaining portion of the existing hardscape improvements will be terminated and
joined by like kind structure at proposed R/W line, such as a low planter wall, curb,
sidewalk, driveway, sawcut slab or walk, graded slope, etc. Providing additional
planters, slabs or walks, etc. on private property as a result of right-of-way
negotiations is considered not in the Scope of Work
considered not in the Scope of Work.
3. Replacement trees will be considered private and irrigation systems for these trees is
Utilities
If required, utility adjustments and relocations will be shown on the plans. However,
design of utility modification has not been included within the scope of this proposal.
Right-of-way
Plans and legal descriptions will be prepared based on individual vesting deeds for each
parcel that involves right-of-way as a result of the street widening. Providing an overall
Rnxl map or title reports are not included in the Scope of Work.
Geotechnical Services
Geotechnical services will not be provided: r
1. R-value will be provided by City of Carlsbad
i
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OIDEWALK PROJECT NO. 39)
September 26,1997
EXHIBIT “B”
2. City of Carlsbad Street Design Criteria, Table ‘‘A” will be used to provide a Traffic
index (TI) for Buena Vista Avenue.
3. Structural section for widening and overlay thickness will be determined from these
values and City standards..
Basswood AvenueDonna Drive
Landscape
Private landscape and irrigation modification as a result of the sidewalk improvement will
be handled in the same manner as specified for Buena Vista Avenue.
Alga Road
Geotechnical Service
Since the Alga Road Project consists only of sidewalk construction and some retaining
walls 1.5 to 2.5 feet high, it is not expected that geotechnical services are needed.
However there is one area of concern several hundred feet north of Corte Casitas. In the
area there is an ascending slope about 25 to 30 feet high with a mid-height bench. The
slope angle is about 1 %: 1 (horizontal : vertical) and there are homes at the top of the
slope. A shallow slump, six to eight feet wide was observed on the slope below thi bench.
There was a vertical offset of 8 to 10 inches. There was also evidence of rodent activity.
The construction of the sidewalk is not expected to influence the stability of the slope but
it may be desirable to evaluate the stability of this slope before the sidewalk is constructed.
In this regard, the Scope of Work will include this Scope of Services.
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SIDEWALK PROJECT NO. 3 9 0 * September 26,1997
EXHIBIT “C”
Berryman & Henigar’s technical approach is to prepare plans, specifications and cost
estimates for each location. Each location will have a stand alone P.S. & E. construction
package for maximum flexibility and will be considered as a separate sidewalk project.
The Buena Vista Avenue project is more involved since there is right-of-way required,
street widening and a sensitivity for community participation in order to provide sidewalks
on both sides of the street. The other two projects, Basswood AvenueDonna Drive and
Alga Road will not be as involved since there is existing curb and gutter and there is
adequate right-of way for the proposed sidewalk.
To achieve the above goal, we propose approaching each project in two phases.
PHASE I - Preliminary Plans and Consensus Building
Purpose: To prepare a preliminary plan of the desired sidewalk improvements and reach
consensus on the extent of the improvements. This will be very important for the Buena
Vista Avenue project since the City desires to solicit input from the community in an
interactive process.
PHASE II - Final Plans, Specifications and Estimates
Purpose: Proceed with the preparation of final plans upon acceptance of the preliminary
plans for each project by the City and by the Community when required.
The Scope of Services with deliverables, schedule and fee to provide each phase are
presented in Tables #1, #2, and #3 on the following pages.
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0 EXHIBIT "C" 0
I
TABLE 1
SIDEWALK PROJECT NO. 3560
SCOPE OF SERVICES
September 26,1997
PHASE I - PRELIMINARY PLANS (30%) AND CONSENSUS BUILDING
rP I I T:K I TASK DESCRIPTION 1 DELIVERABLES
1.1.1 Monthly ProgressReport
Action Items flexible and may occur more often depending upon the level of activity
- Meeting Minutes & progress meetings between the City and Consulting Team. Meeting times are
- Meeting Agendas The B&H Project Manager will coordinate and facilitate no less than monthly
- Monthly Status Letter
I1
1.1.2 Project Scbeduling
The Project Schedule will be updated on a monthly basis.
- Hard copy plot of Project
Schedule - Monthly Update of current
activities only (8 1/2" x 11" plot
1.2.1 Base Mapping
The base mapping will reflect contours and planimetric features.
of the compilation of survey cross sections, and DTM (digital terrain modeling).
it prepared in an AutoCADD environment at a scale (1"=20'). The map will consi
AutoCAD format, at (11'=20') Consultant will prepare a base map from field surveys. The base map will be
- Base map generated in an
1.2.2 Right-of-way Delineation reflecting existing right-of-way B&H will generate an existing right-of-way plot from record information and
- Composite top0 base map
and utilities merge the right-of-way file with the base map developed in the above task
It I I r ~~~ ~~
1.2.3 Utility Verification
a) Each of the identified utility companies will be notified of the proposed improvements. The notification letter reports all current
and pertinent information relevant to their respective utilities.
b) B&H will plot existing utilities within the public right-of-way. P I ~~ ~ ~~
1.2.4 Supplemental Surveying (Buena Vista Avenue only)
that may impact private improvements.
file and plot of survey data We have budgeted half (1/2) days of fieId survey time to tie-in pertinent features
- Field survey notes, electronic
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W e TABLE 1
(CONTINUED)
li I I I TEK I TASK DESCRIPTION
DELIVERABLES
(For Buena Vista Avenue Only)
a) Prepare two alternative street concept plans. First Alternative - Standard width, 40 feet curb to curb
0 Second Alternative - Narrower width, eliminating on street parking on one side
Alternatives beyond the two stated above will be considered a change in the Sc'
of work
b) Utilizing the previously prepared base mapping, Consultant will layout
proposed street improvements on City standard plan and profile sheets.
Layout will consist of
sidewalk
. Horizontal configuration of street widening, including curb and gutter : %
drawings at & approxi&te 30'
completion level
pe
nd
Preliminary vertical profile of proposed curbs
widened areas.
(For Basswood Avenue/Donna Drive and Alga Road)
proposed sidewalk improvements on City standard plan view only she .
Layout will consist of I . Preliminary horizontal and vertical confguration of driveways in wide d
. Identification of conflicts with utilities and private improvements in
0 Recommendation/modification to private improvements
c) Utilizing the previously prepared base mapping, Consultant will layout
areas
0 Horizontal configuration of sidewalk improvements.
0 Identification of conflicts with utilities and private improvements withir
0 Recommendatiordmodification to utilities and private improvements
sidewalk area.
1.4.2 Preliminary Specifications - Special provision outline usin,
Prepare outline of all categories for special provisions for each project. MS Word format
1.4.3 preliminary Probable Construction Cos) Estimates - Estimates, in Excel format
Prepare Scoping Estimate with 25% Accuracy for each project.
<
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I TABLE I
(CONTINUED)
y *&K I TASK DESCRIPTION DELIVERABLES
1.5.1 Evaluate the Stability of Existing Slope as Stated in
a) Review available plans, reports, or photographs regarding this slope.
b) Drill one boring to a depth of 15 to 20 feet with portable equipment n
“Project Understanding and Issues” br Alga Road 1 - Four (4) copies of report
the mid-height of the slope. Obtain relatively undisturbed samples whil drilling.
engineering properties. The tests will include unit weigh< moisture content, and shear strength.
d) Perform a stability analysis of the slope and submit a report with recommendations for slope improvements, if required.
c) Perform laboratory tests on selected samples to determine their
1.6.1 Progress Meeting With Staff
Scoping Estimate. & Concerns Consultant will present the preliminary plans, outline of Special Provisions &
- Writte’n documentation of is:
- Eleven (1 1) sets of full size
preliminary P.S. & E. 1 1 a 1.6.2 Plan Revisions & Estimate a) Consultant will revise the preliminary plans and estimates based on Ci staff review and input.
I I
1.6.3 Presentation to Comnunity @uena Vista Avenue Only) a) Consultant will provide support materials, and colored graphicdexhibi enhanced
b) Consultant will attend one community out reach meeting to assist City i - Presentation igaphics, color
- Auto CADD drawings of
proposed improvements
to assist City staff with a consensus building if required.
Staff.
Following City approval, Consultant will provide a similar level of management
and coordination as described for Phase I, but for Phase II
- Similar to Phase I
2.2.1 Utility Relocation
Consultant will coordinate with utility companies throughout the development o
final plans to ensure relocation of their utilities occurs in a timely fashion with t e
proposed street improvements. . I I*
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TABLE 1
PHASE I1 - FINAL PS&E
11 T:F 1 TASK DESCRIPTION I ~~~~
DELIVERABLES
Based upon comments received from Phase I, the preliminary drainage analysis will be revised and submitted for fmal approval. - Final hydrology report
I ~ ~~~~~ ~~ r 2.3.1 Right-of-way Plats and Legal Description
~ ~~
Consultant will prepare plats and legal descriptions for 19 parcels
affected by the street widening.
~~ ~~~~~~ ~ ~~ - 19 - 81Q X 11 plats with
accompanying descriptions for
the street widening
.- ~~~~~~ ~ ~ ~~~ ~ ~~~ ~~ ~~
2.5.1 Final Plans
Consultant will revise the preliminary plans e30%) based upon input and
comments received during Phase I and produce a find.set of bid documents for
each sidewalk project. Progress submittals will be revised based upon
comments from each submittal. Plans will include:
Title Sheet
Typical street section and detail sheet
3 street plan & profile sheets (Buena Vista Ave.)
1 sidewalk plan sheet, plan view only @asswood AveJDonna Dr.)
2 sidewalk plan sheets, stacked plan view only (Alga Rd.)
Private improvement details (Buena Vista Ave.)
2.5.2 Specifications and Estimate
a) Consultant will prepare contract specifications required for each project,
utilizing the City's boiIerplate documents. Specifications will include
revisions to the boilerplate documents and special provisions based upon
comments from each submittal.
project with an accuracy of f 10%.
b) An opinion of probable construction cost will be provided for each
-.
~~____ ~~ - Plan submittals at
7ovo
90%
100% - Eleven (1 1) copies each
submittal - Standard reference drawings
and/or utility company drawings - Photo or ink mylar ready for
City Engineers signature at
100% submittal
- Draft and final specifications
and estimates to accompany
plan submittals - Eleven (1 1) copies each
submittal - At 100% Submittal MS Word
disk, Specifications Excel disk,
Cost Estimate
I! I ~~~ ~~~~~~
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