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HomeMy WebLinkAbout1997-11-04; City Council; Resolution 97-672g II 0 e I 2 3 4 5 6 RESOLUTION NO. 97-672 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH RICK ENGINEERING COMPANY TO PREPARE A DRAINAGE CONCEPT PLAN FOR THE RANCHO CARLSBAD CHANNEL AND BASIN PROJECT, PROJECT NO. 3338. WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds the Drainage Channel and Desiltation Basidcannon Road project; and 7 13 Concept Plan from qualified engineering firms; and WHEREAS, Statements of Qualifications have been solicited to prepare a Drain 9 WHEREAS, Rick Engineering Company was selected as the most qualified to prepare 10 project account. 11 Drainage Concept Plan for a fee of $73,825 and that sufficient funds are currently available in 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst 13 California, as follows: 14 15 1. That the above recitations are true and correct. 2. That a consultant agreement with Rick Engineering Company for preparation ( 11 Drainage Concept Plan for Project No. 3338 as described in the attached agreement is hert 16 approved and the Mayor and City Clerk are hereby authorized and directed to execute s agreement. 17 3. Following Mayor's signature of the agreement, the City Clerk is further authori; and directed to forward copies of said agreement to Rick Engineering Company and Engineering Department design division for their files. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cour held on the 4th day of November , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: 27 I1 28 (SEAL) I1 Exhibit 2 0 e AGREEMENT FOR ENGINEERING SERVICES FOR RANCHO CARLSBAD CHANNEL AND BASIN PROJECT PROJECT NO. 3338 THIS AGREEMENT is made and entered into as of the ? day of , 193, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and Rick Engineering Company, hereinafter referred to as "Contractor." RECITALS City requires the services of an Engineering Contractor to prepare a drainage concept plan for the Rancho Carlsbad Channel and Basin Project, 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 Contractor shall perform the requirements as detailed in the Scope of Work attached hereto as Exhibit "A and incorporated herein. 2. CITY OBLIGATIONS The City shall provide the items as detailed in Exhibit "A" attached hereto and incorporated herein. 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 within one hundred eighty (180) rev. 8/26/96 1 0 e days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Public Works DirectodCity Engineer. The Public Works DirectorKity 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 services to be performed shall be $73,825. 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 one (I) year from date thereof. The contract may be extended by the City Manager for one (1) additional one (I) 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. rev. 8/26/96 2 0 0 0 0 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 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 of this 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 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. 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 rev. 8/26/96 4 0 0 documents owned by the City and all work in progress to the Public Works DirectorKity Engineer. The Public Works DirectorKity 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 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. 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 Public Works Director/City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution rev. 8/26/96 5 0 0 which would be of benefit to both parties. The Public Works DirectorKity Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) 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. 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 Carlsbad 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 rev. 8/26/96 6 0 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 proce@yitial) The provisions o 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. g?$tial) 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 rev. 8/26/96 7 e 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 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 hidher records. rev. 8/26/96 8 0 e 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 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 Id 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 rev. 8/26/96 9 a e 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 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. 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. rev. 8/26/96 10 0 0 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. 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 all categories. 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. rev. 8/26/96 11 0 0 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. rev. 8/26/96 12 a e 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. rev. 8/26/96 13 0 0 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 Public Works Director/City Engineer Name Lloyd B. Hubbs Address 2075 Las Palmas Drive Carlsbad, CA 92009-1 576 For Contractor: Title Vice President Name Dennis C. Bowling, Rick Engineering Cornpan) Address 5620 Friars Road Sari Dieao. CA 921 10 v, ArchitecULicense Number: ArchitecULicense Number: R.C.E. 32838 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 hereof may be amended, modified, waived or discharged except by an instrument in rev. 8/26/96 14 0 0 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this zi? day of 0 (%i&E ,I9 q7. CONTRACTOR: CITY OF CARLSBAD, a municbal RICK ENGINEERING COMPANY Dennis C. Bowlins. Vice President ATTEST: (print na 'tie By: U &"2&* (sign here) Houshmand Aftahi. Secreta HAWT~KRANZ (print name/title) City Clerk , &e& (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 /r_L Wy City Attorney //" re c 7 rev. 8/26/96 15 . CA~IFORNIA ALL-PURPO 9 E ACKNOWLEDGMENT 0 before me, L In.+ PJ Lb J. PSJ V 49~L?; fdh,,. Name and Ttle of Officer (e.g.. "J pee, Notary Public') L* B,u/,,, Nde(s) of ,A&[i Signer(@ +&GmA&& Ak4:, dersonaily known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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. Though the information below is not required by law, fraudulent removal and Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) individual 0 individual 0 Corporate Officer 0 Corporate Officer 0 Partner - 0 Limited General 0 Partner - 0 Limited 0 General Title(s): El Guardian or Conservator 0 Guardian or Conservator Signer is Representing: Signer Is Representing: @ 1994 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park. GA g1309-71&1 Prod. No. 5907 Reorder Call Toll-Free 1-800-876- 0 0 EXHIBIT "A" SCOPE OF WORK RANCHO CARLSBAD CHANNEL AND BASIN PROJECT, PHASE 1 I. CONTRACTOR'S OBLIGATION The following scope of work describes the tasks and associated fees required for Phase I of the project, preparation of a drainage concept plan. ENGINEERING AND SURVEYING TASKS: Task 1: Review all pertinent materials for the project. These include the hydrologic and hydraulic studies from Dr. Howard Chang and the Federal Emergency Management Agency (FEMA), the City of Carlsbad's Master Drainage Plan and proposed land use maps, development plans for the upstream projects, and the Cannon Road plans and hydraulic calculations. $5,390.00 Task 2: Perform a site visit to investigate the watershed. We will identify any existing detention in the watershed that might benefit the project. Examples of this would be any existing road fills or detention basins that detain creek flows. Any such beneficial detention will be modeled in the hydrologic analyses. We will also review the known locations that will be analyzed for detention and will identify any other possible detention locations. $3,670.00 Task 3: Prepare a 100-year HEC-1 hydrologic base run. The HEC-I will be an accurate model of the entire watershed under ultimate conditions. The HEC-1 will be based, if possible, on the existing HEC-1 analyses from Dr. Chang and FEMA. Discrepancies between these analyses will be identified and rectified. The HEC-1 base run will model the ultimate watershed build-out and will be used to study various detention options. The ultimate build-out will be based on the City of Carlsbad's proposed land uses, which are available in digital format from SANDAG. The HEC-1 basins will be delineated so that all of the desired detention basins can be modeled. The basins will also be delineated so that the runoff can be determined at critical locations desired by the City of Carlsbad. We will discuss these locations with the City staff. Furthermore, we will prepare a brief summary based on the site visits and HEC-1 base run. The summary will make recommendations regarding the detention alternatives. The HEC-I data file will be provided to the City of Carlsbad on floppy disk. We will meet once with the mobile home park representatives to discuss the project and possible alternatives. $7,185.00 rev. 8/26/96 16 0 0 Task 4: Analyze detention options within the watershed. We will study each option authorized by the City of Carlsbad as well as consider different combinations of options to determine the most feasible alternative(s). We will consider the lag time benefits provided by each basin, the basin volumes and areas, the basin constructability, and all environmental issues. We will prepare preliminary cost estimates for the alternatives. We will attempt to design facilities that are out of the Division of Safety of Dams (DSOD) jurisdiction, but will consider jurisdictional facilities if they provide clear benefits. Known detention options that will be studied upon City of Carlsbad authorization are listed below. The HEC-1 data files for the studied alternatives will be provided to the City of Carlsbad on floppy disk. - Detention in the Rancho Carlsbad golf course $3,070.00 - Detention as shown on the Master Drainage Plan (facilities BJ and BJB) $3,070.00 - Detention provided by the proposed Faraday Avenue crossing $3,070.00 - Detention provided by the proposed College Boulevard crossing $3,070.00 - Detention provided by the proposed development located northwest of Cougar Drive and El Camino Real $3,070.00 Detention in other areas such as those identified during the site visit or recommended by the client will be performed for $3,070.00 per option Task 5: Prepare 100-year HEC-2 hydraulic analyses to determine the capacity of Agua Hedionda Creek and Lake Calavera Creek and the impacts from the detention options. The HEC-2’s will be based, if possible, on the existing HEC-2 analyses from Dr. Chang and FEMA. Discrepancies between these analyses will be identified and rectified, The HEC-2 analyses will be performed to FEMA standards so that a map revision can be processed. The HEC-2 cross-sections will be augmented with field surveyed cross-sections as needed. The HEC-2 data file will be provided to the City of Carlsbad on floppy disk. $1 0,190.00 Task 6: Field surveying to augment HEC-2 cross-sections and existing topographic information. Field surveying will be performed as needed to verify creek bed elevations and elevations within the mobile home park. $3,000.00 rev. 8/26/96 17 0 Task 7: Prepare 100-year HEC-2 hydraulic analyses to study channel improvement options for Agua Hedionda Creek and Lake Calavera Creek. The channel improvements will be studied in conjunction with the detention options. Floodplain mapping will be performed as necessary to show the impacts from the desired options. Prepare a report summarizing our findings and the recommended alternative@). The report will include the hydrologic and hydraulic analyses as well as any necessary supporting information such as floodplain mapping, channel cross-sections, and channel profiles. The HEC-2 data files will be provided to the City of Carlsbad on floppy disk. We will meet once with the mobile home park representatives to discuss the recommended alternative(s). $1 2,765.00 Task 8: Prepare and process a Conditional Letter of Map Revision (CLOMR) package for the proposed detention and channel improvement option. The CLOMR package will include the application forms, the appropriate hydrology and hydraulic analyses, and the revised floodplain and floodway mapping. The hydrology analyses will have to be prepared for the IO-, 50-, 100- and 500-year storms per FEMA requirements. The 100-year floodplain and floodway and the 500-year floodplain will be plotted per FEMA requirements. The CLOMR will be used to obtain conditional approval from FEMA of the revised hydrology and hydraulics. $9,280.00 + $3,100.00 for FEMA submittal fees. Note: The above tasks include expenses and meetings with the client and resource agencies. Meetings with the client are anticipated to occur on an approximately bi-weekly basis. Meetings with the resource agencies will occur once following completion of the design alternatives. Exhibits will be prepared to illustrate the desired alternatives. Total Engineering and Surveying: $69,930.00 (plus $3,070.00 per additional detention option) rev. 8/26/96 18 0 0 ENVIRONMENTAL TASKS: Task 1: Conduct a site visit for up to five alternative detention areas proposed for the channelized creeks (i.e., Lake Calavera Creek, Aqua Hedionda Creek) in the Rancho Carlsbad Mobile Home Park area. $534.00 Task 2: Review the five detention design alternatives and identify biological constraints with regards to upland areas and jurisdictional waters, including wetlands, under the authority of the US. Army Corps of Engineers and California Department of Fish and Game. Detailed focused surveys for specific sensitive species and other biological resources are not included in Phase 1. These surveys will be performed as required in Phase 2. $356.00 Task 3: Provide recommendations for the mitigation of unavoidable impacts to any jurisdictional waters, including wetlands, from the proposed detention designs. $1 78.00 Task 4: Conduct a site visit to the potential mitigation sites to determine the suitability of these sites to provide the type of mitigation proposed. $534.00 Task 5: Document the results of the alternatives analysis and mitigation recommendations in a brief letter report. The report will specifically identify biological constraints under each alternative and discuss the mitigation recommendations that would be associated with each alternative based on the constraints. $663.00 Task 6: Attend meetings with Rick Engineering to discuss the alternative designs and make recommendations for minimizing impacts to jurisdictional waters, including wetlands. $356.00 Task 7: Attend project meetings with the City of Carlsbad to discuss the results of the alternatives analysis and future permitting issues. $534.00 rev. 8/26/96 I9 e 0 Task 8: Attend pre-application meetings with the USACE, USFWS, and CDFG to discuss the proposed alternative detention designs and mitigation with regards to future application for permits and agreements by these agencies. $740.00 Total Environmental: $3,895.00 GRAND TOTAL: $73,825.00 2. CITY'S OBLIGATIONS The City shall provide the following to Contractor: a. Copies of all previous studies and reports conducted on the basin's tributary to the Agua Hedionda and Lake Calavera Creeks. b. Copies of impending development applications that would affect the analysis. 3. INCREMENTAL PAYMENTS Fees shall be paid as lump sums for each of the tasks identified above. Progress payments shall be based on the percentage of completion of each task as approved by the City. rev. 8/26/96 20