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HomeMy WebLinkAbout2000-04-11; City Council; Resolution 2000-116'- 1 ii 0 7d~''y: : kQ ; ,' L. RESOLUTION NO. 2000-116 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 AGREEMENT WITH FRASER ENGINEERING, INC. FOR CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT FROM COLLEGE BOULEVARD TO THE CONNECTION IN 5 EL CAMINO REAL TO CANNON ROAD AND CANNON ROAD ENGINEERING SERVICES FOR COLLEGE BOULEVARD FROM 4 OCEANSIDE AND ADDITIONAL APPROPRIATION OF FUNDS 6 7 WHEREAS, the level of activity contained in the scope of this project for the 30 perc 8 exempt from CEQA; and 9 submittal regarding CEQA is defined as Class 6, Information Collection, and is categoric 10 WHEREAS, the City of Carlsbad is currently preparing an Environmental Impact Re1 for this project and the remaining scope of this project will not proceed until a Notice Determination is filed; and 11 12 WHEREAS, the Purchasing Officer has waived the requirement for multiple propos 13 and 14 WHEREAS, a proposal has been solicited for the design of this project from a quali 15 engineering firm; and 16 WHEREAS, a mutually satisfactory fee for the services has been negotiated; and 17 WHEREAS, Fraser Engineering, Inc. was selected as uniquely qualified to perform 18 additional services of $44,668.50 for a total of $287,552; and 19 percent submittal engineering services for this project for a fee of $242,883.50 plus poter 20 WHEREAS, the consultant agreement with Fraser Engineering, Inc. has been prep; 21 and submitted herewith. 22 WHEREAS, additional funds are required to pay for this project. 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsk 24 California, as follows: 25 1. That the above recitations are true and correct. 2. That the consultant agreement with Fraser Engineering, Inc. for enginee services for this project as described in the attached contract is hereby approved and the M: is hereby authorized and directed to execute said agreement. 26 27 28 II 0 w 1 3. Following the Mayor's signature of the agreement, the City Clerk is fur 2 the Engineering Department, Design Division for their files. 3 authorized and directed to forward copies of said agreement to Fraser Engineering, Inc. an 4 4. That the additional appropriation of $150,000 from the General Fund to 5 General Capital Construction Fund for this project is hereby approved. 6 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City COI 11 held on the 11th day of April , 2000 by the following vote, to wit: a 9 AYES: Council Members Lewis, Hall, Finnila and Kulchin NOES: None 10 ABSENT: Council Member Nygaard 11 fl. 12 <-% /' L.4 ~ +(? / // /' .I i /' // /'. 1. iv 13 ! ~~~~~~,,/i~~~~~ J: %- /.( , '1 * it.. , ,& li' ; u _, L' ' l4 CLAUDE A. k Wls!: day&- 15 16 ATTEST 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL) t I w m AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR CANNON ROAD, REACH 4, AND COLLEGE BOULEVARD, REACH A, IN BRIDGE AND THOROUGHFARE DISTRICT NO. 4 THIS AGREEMENT is made and entered into as of the #* day of &m-J/ , 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and FRASER ENGINEERING, INCORPORATED, a California corporation, hereinafter referred to as ”Contractor.” RECITALS City requires the services of an engineering Contractor to provide the necessary professional engineering services for preparation of plans, specifications, cost estimates and related services; 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. CONTRACTOR’S OBLIGATIONS The scope of services to be provided with this agreement is only the 30 percent submittal as described in Exhibit “A and “€3” as follows: 0 Exhibit “A - Consisting of Tables 1 , 2 and 3 shown on 3 pages. 0 Exhibit “B” - Proposal from Contractor, consisting of 6 pages. rev. 12/28/99 -1 - L, w m. 2. CITY OBLIGATIONS The City shall provide: A. Copies of all existing City reference data as researched and requested by Contractor. 6. Review of the plans, specifications, cost estimate and right-of-way documents for the purpose of determining the general conformity to. City Standards and Project Scope. -. . . I I 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 Table 1 of Exhibit "A," attached. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City Engineer. The City Engineer 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 inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR .. " _. The total fee payable for the 30 percent services to be performed shall be $242,883.50 plus potential additional services of $44,668.50 for a total of $287,552. 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." rev. 12/28/99 -2 - 1. w m I, 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for two 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) working days of completion and approval of the plans, specifications, cost estimate and right-of-way documents, via City Engineer’s signature on the plans, the Contractor shall deliver to the City the following items: A. All items described in Table 2 ofExhibit “A attached. B. Two (2) copies of all other documents and 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 -3 - rev. 12/28/99 (1 W e charges or fime schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad 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 ofthis warranty, 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 . . ”. c 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 - .I nondiscrimination. 1 I. 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 rev. 12/28/99 -4- 1, e City Engine-er 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 -. . r.," .. in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; ' 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. 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 seq., 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 Carlsbad seeks rev. 12/28/99 -5 - W m 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 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 Carlsbad to disqualify the Contractor from the selection process. .. . -.- - /$id@+ Q#- (initial) The provisions of Carlsbad 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. P# Itial) (initial) 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. . --- - 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 -6 - rev. 12/28/99 w m which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the Contractor or its 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. . . . ". " 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 -7 - rev. 12/28/99 W '6 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 (I) copy of the plans for its 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. 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 attorneys fees arising out of the performance of the work described herein caused 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 bdiable. 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 rev. 12/28/99 -8 - w create any contractual relationship between any subcontractor of Contractor and the 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. #4 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 CONVERS-ATION 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 i .. 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. rev. 12/28/99 -9 - W m 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City's conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A consultant. The disclosure category shall be those categories determined by the City. 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. " _. A. Coveraqes 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: rev. 12/28/99 -10 - m e - 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 -. . I .--.e- 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. 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. rev. 12/28/99 -11 - w a - 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. 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 Deputy City Engineer, Planning & Programs Name David Hauser Address 1635 Faraday Avenue Carlsbad, CA 92008 ~ ~~~ ~~ For Contractor: Title . President Name Graham T. Fraser, R.C.E. Address 2191 El Camino Real, Suite 208 Oceanside, CA. 92054 Architect/License Number: Reg. Prof. Eng. 27616 California rev. 12/28/99 -12 - 0 e 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, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision 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 39 day of me/& ,2000 . CONTRACTOR: FRASER ENGINEERING, INC., a California corporation Graham T. Fraser, R.C.E., President (sign here) Ann H. Fraser, Chief Financial Officer (print nameltitle) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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.) APPROV D AS TO FORM: RONALD BALL, Ci A BY: All& ,-r;"f"l-. ~ Depu City Attorney rev. 12/28/99 -13 - v. T AMQ v . A ,s IC 4 . . . -.- i STATE OF CALIFORNIA )ss. COUNTY OF San Dieqo 1 . . On March 29, 200’0 , before me, Joan Miller,. Notary Public .personally appeared Graham T. Fraser and Ann H. Fraser , personally known to r (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/al subscribed to the within instrument and acknowledged to me that he/she/they executed the sarr in his/her/their authorized capacity(ies), and that &his/her/their signature(s) on the instrument tt- person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature //1.7&4 ” -. (Thls area lor oiflcial notartal seal) Title of Document Date of Document ‘No. of Pages Other signatures not acknowledged .. 3008 (1:94) (C Flrsr Arnerlcon Tltle Insllrance C: w 0 EXHIBIT A TABLE 1 Table I defines the City Milestones and time of each submission, and the fee allocation per submittal milestones. 1 Milestones I 30 Percent 1 70 Percent 1 90 Percent 1 100 Percent I ! I I I' I Elapsed Time 105 calendar-days after 45 calendar days after 45 calendar days after 105 calendar days after approval of contract. return of 90 percent return of 70 percent return of 30 percent (30%) plancheck from all City departments. City departments City departments. (90%) plancheck from all (70%) plancheck from all -. . - _. w W EXHIBIT A TABLE 2 Table 2 defines the City Milestones and requirements of each submission, and the fee allocation per submittal milestones. - .* - - - Milestones 30 Percent Plans Schematic Design. Grading and Improvement plans showing that the most important elements of SPECIFICATIONS NOTE 1. Green Book format used throughout document for each milestone. 2. Use MS Word format throughout. OPINION OF COST NOTE: Use Excel format ~ PLATS AND LEGALS NOTE: Use MS Word format " " " - design are worked out in. * 12 copies ~~ None DETAILED OPINION OF COST Accuracy - 10 percent (10%) 12 copies DRAFT OF PLATS & LEGALS FOR ALL TAKES AND EASEMENTS 3 copies 1 - -. " - 70 Percent Full and complete plans. Grading'and improvement plans showing all proposed improvements 1 including utility i relocations 12 copies First rouah draft of entire set of Specific Provisions. ~ .- . DETAILED OPINION OF COST Accuracy - 10 percent (1 0%) 12 copies FINAL PLATS & LEGALS 30daysafterCity approves all property takes 3 copies 1 -. " " - 90 Percent I00 Percent Full bid-ready plans with Engineer signature check set 2. ready for City corrections and plan- Photo or ink on mylar 12 copies AutoCAD v.14. and 3.6" disks in Final draft of entire set of Specific Provisions. Same as 100 percent except MS Word disk. FINAL OPINION OF COST Drafting Bid Set ~~ Format Accuracy - 10 percent (1 0%) 12 copies -. " " - 8 copies Bid-ready text of the following: MS Word disk. Special Provisions to Standard Specifications for Public Works Construction. Standard Reference Drawings and/or Utility company Drawings. .I2 copies SAME AS 90 PERCENT One (1) Excel disk. ~ _i _. *q -c: do Z,$ .g K k' .Y p ~ Qmm @"W LS 0 ZSP .cq p9sOsL2 a e -2 2; a Gab aLSt 0, 52 %W 2% 3 -& e 2 ml2 "PCP $0 UQ: -0 g 58 w Qmr ulv *9 Q $Q LS A co ? 2 d 2 s -0 .a Q O? $$ c) v) .9 Oak 0 8* *z p ys BP- g * r .p *% VI% I5 &a 19 0 3- 0 0 mal VIb Lt 0s aJ3 5: .- 52 we UI 80 Zzi g 0- 1 8 c%- ~ g tff' 6;"" 2 .c 8 "25: 0-7' rS . g g;. OPE 2 2 e* 0-0 5- OB0 $3 [ .- E% ti@ , 6[ E: $i e CO 0-8 CW' 0 =e &S C' .E vi 1 ws - e .E E ooc 22; ma0 N-C wcoc hl" ewe -Id- m *- F 55; ??E ggg cor-a W W ATTACHMENT 'A' .FRASER ENGINEERING, INC. Standard Compensation Rate Schedule City of Carlsbad As Needed Civil Engineering Services Effective January 1,2000 ENGINEERING & PLANNING SERVICES: COST/HOUR Chief Engineer/Company Principal Principal Engineer Senior Engineer Engineer Associate Engineer Assistant Engineer Engineering Technician IV . Engineering Technician 111 Engineering Technician II Engineering Technician I $140.00 120.00 114.00 94.00 83.00 70.00 83.00 78.00 63.00 57.00 SURVEYING SERVICES: Principal Surveyor Senior Surveyor Surveyor Survey Technician IV Survey Technician 111 Survey Technician II Survey Technician I 120.00 114.00 94.00 83.00 69.00 63.00 57.00 4-Man Field Survey Crew '250.00 3-Man Field Survey Crew '208.00 2-Man Field Survey Crew '156.00 1 -Field Crew -99.00 INSPECTION SERVICES: Principal Inspector Senior Inspecfor Inspector 111 Inspector II Inspector I '120.00 '94.00 '78.00 '63.00 57.00 OFFICE SUPPORT SERVICES: Office EngineedProject Coordinator Office Technician II Office Technician I - _. MISCELLANEOUS SERVICES AND EXPENSES Expert Testimony/Court Appearance Forensic Engineering CADD Equipment Usage Computer Usage Microfiche Services Mileage Subsistence Outside Services Material and Other Expenses 70.00 40.00 32.00 '225.00 *I 35.00 **25.00 "10.00 ''10.00 0.35/mi cost cost + 15% cost + 20% NOTES: Hourly billing rates include overhead, profit, employee fringe benefits, including sick pay, vacation, holidays, social security, medical benefits, pension, Workman's Compensation, and State and Federal Unemployment Tax, etc. All rates are subject to change without notice. Rates indicated above are for Prevailing Wage projects. Overtime is defined as the excess above 8 hours on weekdays and all Saturdays, Sundays and holidays. Hourly rates indicated shall apply to all travel time. Rates are subject to annual adjustments on January 1 of each year. 4 Hour Minimum 1 Hour Minimum ** W BRASER w ENGINEERING, INc. February IO, 2000 720-74-06-105/00-073 CAD0 Servlces Civil Engrneering Constructlon Managemenl Development Planning Flood Control and Dramage Plan Check Serwces Project Mapping Servlces Public Works Planning Right of Way Servrces Engmeermg Sanltary Street and Highways Structural Engmeermg Surveying Plannmg Trafhc Transportation Engineering Water Reclarnallonl Reuse -. .* . EXHIBIT B Mr. David Hauser Assistant City Engineer City of Carlsbad Public Works - Engineering 2075 Las Palmas Drive Carlsbad, CA. 92009-7~576 SUBJECT: 2nd REVISED Proposal for Consulting Services: Design Services in Support of Proposed Bridge and Thoroughfare District No. 4 (Cannon Road - Reach 4 and College Boulevard - Reach A). Dear David: Based on your request, we have assessed the status of the proposed Bridge and Thoroughfare District No. 4 for the purposes of preparation of a scope and related fees for the completion of plans, specifications, and cost estimates (PS&Es) for portions (Cannon Road - Reach 4 and College Boulevard - Reach A) of the "Distric€". .This revised proposal follows our January 10, 2000 proposal and includes changes regarding the Aqua Hedionda Bridge over College Boulevard and several other modifications resulting from discussions with Mr. Galen Peterson. The following represents the scope of services necessary to complete the PS&Es for Cannon Road - Reach 4 and College Boulevard - Reach A. This proposal is based on the preferred alignment chosen in the E.I.R. currently being developed by RECON for the Bridge & Thoroughfare District No. 4. If, as a result of the 30% design milestone, this alignment is required to be changed, we reserve the right to amend our proposed fees for subsequent submittals. Exhibit A attached hereto summarizes our cost proposal for the Basic Design Services. The scope of the project is described in the'following task descriptions: Task 100: Project Coordination and Meetings In addition to coordinating with Galen Peterson, we expect to be coordinating and meeting with O'Day Consultants, Planning Systems, Recon, City of Carlsbad staff, Rick Engineering, City of Oceanside staff, Bob Ladwig, property owners, New Venture church staff, et.al. Task also includes planning and coordination with/by Fraser Engineering's staff and our subconsultants. Task 200: Design Surveys: This task includes field topographic surveys along the alignment centerlines and construction limits to provide detailed information necessary for final design that has not been surveyed to date. Design information includes trees, fences, roadways, utilities (inctuding invert elevations), and other visible surface features that may impact final design. Task also includes plotting field data on working drawing. 2191 El Camino Real, Suite 208, Oceanside, California 92054 (760) 722-3495 fax (760) 722-3490 4111 82nd Street, Sacramento, Caliibmia 95826 (916) 489-1390 faw (916) 457-1817 Mr. David Hauser w W Revised Proposal for Consulting Services Design Services in Support of Proposed Bridge & Thoroughfare District No. 4 Page 2 Task 300: Geotechnical Investigations and Reports: This task includes field investigations of the proposed alignments using trench excavations, small diameter auger borings, and large diameter drilled borings. The investigations will evaluate geologic and seismic hazards, liquefaction potential, consolidation settlement, slope stability, and rock rippability. The written report will describe results of the field investigations and include recommendations for bridge footings, retaining wall design parameters, general grading specifications and guidelines, recommended compaction practices, and pavement design sections. The field investigations will require site access, limited brushing and clearing, and drilling rig access. The access for drilling rigs may require “pioneering” trails using a small dozer. We are assuming the City of Carlsbad can and will obtain access and permission for this procedure. The fee for the Geotechnical services needed for the design of the Agua Hedionda Creek bridge, are $17,000.00. Task 400: Hydrologic, Hydraulic, Scour, and Fluvial Studies: This task includes designation of drainage basins affecting the project and storm runoff associated with these basins. Calculations include: sizing for the storm drainage system within the roadway including pipes and inlets; and sizing and inlet/outlet details for culvert crossings. Task does not include hydrology or hydraulic studies on Calaveras, Little Encinas, and Aqua Hedionda Creeks, which we assume is to be provided to us. A scour and fluvial study is planned for the Agua Hedionda Creek bridge. The cost of this study is $11,000.00. A final drainage report will be prepared which presents calculations, assumptions, results, and recommendations of the hydrologic and hydraulic studies. It is assumed that Detention Basin BJ will be designed by others except for the rip rap on the east slope of College Boulevard. Task 500: Agua Hedionda Creek Bridge: This task includes design and details of a 100 - 135 foot bridge crossing Agua Hedionda Creek (College Boulevard - Reach A) based on hydrologic studies recently prepared by Rick Engineering, and the scour and fluvial studies noted in Task 400. An independent bridge check at the 70% submittal can be provided as an additional service for $10,000.00. Also, a budget estimate of $10,000.00 should be allowed for construction support services during construction of the bridge. Task 600: Retaining Wall Structures: ” This task includes design and details of the proposed retaining wall structures on Cannon Road - Reach 4 near the City limits to avoid impacting Little Encinas Creek. This design task is limited to “standard” type retaining walls (crib or concrete) and does not include aesthetic type walls (Keystone, etc.). Specifications for the retaining wall structures are limited to “Greenbook” references based on the “standard design. If other than “standard” type retaining wall is found to be required, this can be provided as an additional service for $3,800.00. Task 700: Preparation of improvement Plans: This task includes design and plan preparation for the improvement plans for Cannon Road - Reach 4 and College Boulevard - Reach A. Plans to be prepared in plan and profile format at 1” = 40’ horizontal and 1” = 5’ vertical scale in AutoCAD Release 14 format. Plan size will be 24 x 36” and will include the following: ” .. 1. Street Improvements (Plan View): Plans to include horizontal representation of design including: 0 Alignment of centerline, right of way, and easements; 0 Alignment of curb, gutter, median curb, and sidewalks; 0 Horizontal curve data; 0 Typical sections; 0 Driveways, curb returns, and ADA ramps; 0 Top (toe) of cut (fill) slopes; 0 Location of guardrail and K-rail; Signing and striping; 0 Location of street lights; Transitions to drawings prepared by others i.e. intersection of CollegelCannon, drainage improvements, etc.; FRASER ENGINEERING, INC. Mr. David Hauser w w Rewsed Proposal for Consulting Services Des~gn Servlces in Support of Proposed Bridge 8 Thoroughfare District No. 4 Page 3 0 Location of traffic control devices and structures (intersection signalization to be designed b) others). If a traffic signal design is required at the intersection of College Boulevard and Cannor Road, this design can be provided as an additional service for $6,000.00. If modifications are required to the existing traffic signals at the intersection of Cannon Road and Mystra Street ir Oceanside, our budget estimate for this work is $3,000.00; 0 Landscape and irrigation of cutlfill slopes (does not include medians); 0 Irrigation sleeves for medians; 0 Location of retaining walls. 0 Vertical curve data; 0 Sight distance; 0 Existing and proposed grades; 0 Retaining wall heights and profiles; 0 Slopes of proposed improvements; 0 Profile of left and right gutter flowline: 0 Major drainage crossings (Aqua Hedionda Creek, etc.) 0 Horizontal location of proposed storm drain improvements including pipes and inlets. Improvements designed by others (Rick Engineering, O’Day, etc.) will be shown for location only within the limits of the proposed street improvements; 0 Horizontal location of existing utilities based on record data and/or pothole information. Potholing will be done by the Client based on recommendations of Consultant; 0 Horizontal location of proposed “dry” utilities (SDG&E, Pacific Bell, etc.) including lines and vaults for streetlights. 2: Street Improvements (Profile View): Plans to include vertical representation of design including: 3. Utility Improvements (Plan View); 4. Utility Improvements (Profile View): 0 Vertical location of proposed storm drain improvements including pipe and inlet invert elevations, and length and slope of storm drain lines; 0 Utility crossings and clearances. - -. . 5. Major Box Culvert at Little Encinas Creek (College Boulevard - Reach A): Culvert is assumed to be a standard County of San Diego or Caltrans box culvert NOTE: The box culvert for Calaveras is being designed by Rick Engineering, Inc. and is to be incorporated into O’Day Engineers plans for the College/Cannon intersection. 0 Horizontal location and layout of proposed box culvert; 0 Details of box culvert. .-. _. 0 Sections of box culvert; 6. Landscape and Irrigation Plans: Horizontal location of proposed irrigation lines and appurtenances; 0 Horizontal location of proposed landscape items; ’ 0 Details of irrigation facilities, including electrical conduit and wiring. 7. Offsite Improvement Plans (New Venture Church ingress and egress): 0 Separate plans for horizontal and vertical revisions to the existing Church ingress and egress directly impacted by the new Cannon Road construction including; o Horizontal location of proposed improvements; o Grading and drainage layout of proposed improvements o Interface with proposed Cannon Road improvements; o Other improvements to the internal traffic circulation or changes to the parking lots are not included in the Basic Services FRASER ENGINEERING, INC. M!: David Fauser - w Revised Proposal for Consulting Services Design Services in Support of Proposed Bridge 8 Thoroughfare District No. 4 Page 4 8. Offsite Improvement Plans (City of Oceanside): 0 Separate plans for Cannon Road within the City of Oceanside city limits and right of way. Plans to be prepared to City of Oceanside standards and specifications, including horizontal, vertical details, and notes. ’ Task 800: Preparation of Construction Cost Estimates: This task includes preparation of construction cost estimates based on “take-offs” of the design quantities anc record unit costs for similar type work. Task includes presentation of unit quantities in a spreadsheet format witt item descriptions, units, unit-costs, and extended costs. Cost estimates will be updated at 30%, 70%, 90% ana 100% plan submittals. Task 900: Preparation of Project Specifications and Bid Schedule: This task includes preparation of project specifications (Special Provisions) to be inserted into City of Carlsbad “boiler plate” to. produce a complete set of contract documents. Specifications will be based on the “Greenbook, 2000 edition, and will be submitted at the 70%, 90%, and 100%submittals. The bid schedule shall be based on the cost estimate-spreadsheets. The work to be included in each bid item and the method of measurement for payment will be described Task 7000: Preparation of Easement Documents: This task includes calculation and preparation of easements and right of ways, and preparation of exhibits for: 0 Road right of way easement documents; 0 Grading and drainage easement documents; 0 Temporary construction easement documents. This task is based on thirty six (36) separate legal descriptions and exhibits for College Boulevard - Reach A and twenty seven (27) separate legal descriptions and e-h-ibits for Cannon Road - Reach 4. Any other legal description and/or exhibits can be provided as an additional service. Task 1700: Direct Costs: Direct costs will include blueline copies at the 30%, 70%, 90%, and 100% submittals plus mylar originals for the 100% submittal. Other direct costs include mileage at $0.31 per mile, postage, etc. Direct costs are assumed to be 1 % of Prime Consultant fees. i .* Subconsultant Services: Subconsultants we have chosen for this project are: 0 Simon Wong Engineering, Inc.: Agua Hedionda Creek bridge design 0 Leighton & Associates: Geotechnical services 0 John Hanna Associates: Landscape and irrigation services Rick Engineering, Inc.: Scour and fluvial studies for the Agua Hedionda Creek Bridge All four of our subconsultants have had direct City of Carlsbad experience and we have successfully worked with each of them on other projects. We have added a 15% markup to the subconsultant proposal fees provided to us. FRASER ENGINEERING, INC. Mr. David Hauser w w Revised Proposal for Consulting Services Design Services in Support of Proposed Bridge & Thoroughfare District No. 4 Page 5 Additional Services: The following summarizes the potential Additional Services that may be required for this project. Where possible, for your budgeting purposes, we have assigned an estimated professional fee. Other additional services listed for which no fee estimate is assigned are included for purposes of clarifying the Basic Services scope. This list of additional services does not purport to be complete: 0 Independent Bridge check for the Agua Hedionda Creek bridge design; $1 0,000.00 0 Retaining wall special design on Cannon Road; $ 3,800.00 0 Traffic signal design at the intersection of College Boulevard and Cannon Road $ 6,000.00 0 Traffic signal modifications at Mystra Street in Oceanside $ 3,000.00 - 0 Archaeological testing% ldetermine site "significance" (per site) $ 5,000.00 e Additional easement descriptions and exhibits (assumes three) $ 3,000.00 0 Design Engineer assistance during bidding and construction including review of shop drawings, * preparation of as-builts, etc.: . Cannon Road - Reach 4 $30,000.00 College Boulevard - Reach A $20,000.00 Agua Hedionda Bridge $10,000.00 SUBTOTAL $60,000.00 0 Construction staking: Cannon Road - Reach 4 $60,000.00 College Boulevard - Reach A $40,000.00 Agua Hedionda Bridge -. $10,000.00 S U BTOTAL ... . ". . $1 10,000.00 TOTAL of known possible Additional Services $200,800.00 Other Additional Services: 0 Design of water and sewer systems in the roadways -. -. . 0 Evaluation and/or redesign of New Venture Church parking lot in areas not directly impacted by the adjoining Cannon Road for purposes of adding lost parking spaces * Archaeological services if any sites are found to be "significant" 0 Construction management and/or inspection services Litigation assistance 0 Design services associated with relocation of utilities either unknown or not located per record drawings or reasonable field location techniques 0 Right of way acquisition Designlmanagement of mitigated areas 0 Environmental Studies and Permitting. Note: It is the intent of the City that the Environmental Studies currently being performed by RECON for Bridge and Thoroughfare District No. 4 should address all of the environmental issues associated with the scope of services discussed herein. FRASER ENGINEERING. m~. Mr. David Hwser w w Revised Proposal for Consulfing Services Design Services m Support of Proposed Bridge & Thoroughfare District No. 4 Page 6 Enclosed is Exhibit A: Tables 1, 2, and 3 described as follows: Table 1: Timing of Submission Table 2: Requirements of Submission Table 3: Basic Design Services Proposal Also enclosed is our current Schedule of Hourly Rates. Thank you for the opportunity to provide these services to the City. We are enthusiastic about the project and looking forward to continuing to work with you and Galen. If you or Galen has any questions regarding this proposal please contact me at (760) 722-3495. Respectiully Submitted .-. - .I FRASER ENGINEERING, INC. ,yd= President GTFlgc Enclosure Copy: Galen N. Peterson, Consultant Project Manager " - - .- i FRASER ENGINEERING, INC.