HomeMy WebLinkAboutBuena Vista Lagoon Foundation; 2007-05-01;May 1,2007
City of Carlsbad
Buena Vista Lagoon Foundation
Dr. Antle
PO Box 4516
Carlsbad CA 92008
SUBJECT: AGRICULTURAL CONVERSION MITIGATION FEE GRANT
FUNDING AGREEMENT
I am pleased to inform you that the Carlsbad City Council approved the Agricultural Conversion
Mitigation Fee Ad Hoc Citizens Committee's recommendation that you/your organization
receive $164,000.00 in Agricultural Conversion Mitigation Fee Grant funding. The grant
funding is to be used for the following purpose(s): engineering design and environmental
studies necessary to build a wooden boardwalk at the western end of Buena Vista Lagoon
that would run alongside the Lagoon and the Coast Highway connecting the Audubon
Center and Maxton Brown Park as described in your Grant Proposal No. AGP 06-04 -
Buena Vista Lagoon Boardwalk.
This letter is to serve as a Letter of Agreement. The grant funds will be awarded in phases and
upon the achievement of milestones according to the attached project schedule. Any project that
is awarded funds will be required to meet agreed-upon milestones. (Some projects will be a
single-phase project.) If you need to make changes in your grant proposal project or schedule,
please contact the Planning Department. Please have both of the people who signed the grant
application sign this agreement and retum it in the enclosed envelope. City staff will then
forward the letter to the Mayor for signature. Once the agreement has been signed by the
applicants and the mayor, we will begin the initial release of funds according to the approved
milestone/funding schedule. If the funds are not spent for this specific purpose, they must be
retumed to the City. In addition, failure to satisfy the agreed-upon milestones will result in
project reconsideration and possible cessation of funding. Grant recipients are required to
recognize on all printed material that the project is funded in part or in full by the City of
Carlsbad.
A final report on how the funds were spent and what the project accomplished must be filed with
the City of Carlsbad once the funds are spent or within one year of receipt of the money,
whichever comes first. In addition, you agree to maintain original records (i.e., receipts) for at
least five years from the date on which you receive your final grant funds and make them
available to the City should they request to audit them.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • vwvw.ci.carlsbad.ca.us
Agricultural Conversion Mtiigation Fee Grant Funding Agreement
May 1,2007
Page 2
Thank you for your participation in the Agricultural Conversion Mitigation Fee Grant process.
Should you have any questions, please feel free to call Scott Donnell at 602-4618.
Sincerely,
DON NEU
Planning Director
I/We herptr^'agrfoe to all of the above.
ApplicqnU^ame Date
Applicant Name Date '
October 23, 2008
TO: Project File AGP 06-04
FROM: Associate Planner, Kevin Pointer
RE: AGRICULTURAL CONVERSION MITIGATION GRANT FUNDING FOR BUENA VISTA
LAGOON BOARDWALK GRANT (AGP 06-04)
The purpose of this memorandum is to supplement and clarify information provided in the grant
funding agreement between Buena Vista Lagoon Foundation and the City of Carlsbad with
respect to the aforementioned project.
The grant funding agreement consists of a letter from the City of Carlsbad dated May 1, 2007
and signed by the Mayor, Planning Director and applicant (grant recipient). The agreement also
includes the following attachments:
1. Email correspondence between the applicant's representative (Regg Antle) and
project planner Kevin Pointer; and
2. An Engineering Consultant Agreement between the applicant and Noble
Consultants, Inc (NCI), which additionally attaches and references a Proposal
Letter from NCI dated August 25, 2008.
To clarify any perceived inconsistencies in funding amounts disclosed, staff notes that the
fundinq for the proiect schedule is clarified in the aforementioned email correspondence,
which serves to update fundinq amounts orlqinallv referenced within the Proposal Letter
from NCI dated Auqust 25. 2008. Accordingly, staff has verified that funding will not exceed
$164,000.00 and that all project tasks originally funded are redistributed through the phases 1
through 3. Task and phase descriptions are accurately presented within the Engineering
Consultant Agreement/Proposal Letter; however, their funding totals are clarified through the
email correspondence.
KEVIN POINTER
Associate Planner
c: Michele Masterson, Senior Management Analyst
RECEIVED
ENGINEERING CONSULTANT AGREEMENT 1 ^ 2008
^ij^ OP CARLSBAD
THIS AGREEMENT is made this 1'* day of September 2008, by and betVirfiWyW^G DEPT
VISTA LAGOON FOUNDATION ( "Client") and NOBLE CONSULTANTS, INC. ("NCr ).
RECITALS
WHEREAS, Client now has an interest in and desires to retain NCI to provide
engineering services with respect to the following project: PROFESSIONAL ENGINEERING
DESIGN SERVICES, BOARDWALK FOR THE BUENA VISTA LAGOON IN
CARLSBAD, CALIFORNLA.
and,
WHEREAS, NCI is willing to provide the services descriljed herein to Client;
WHEREAS, Client does not have any ownership interest in the land subject to the design
services and such land is owned by the State of Califomia Department of Fish and Game (DFG)
and/or the City of Carlsbad and City of Oceanside. Client has received permission from the DFG
to cause the preparation of the subject plans and applications for review of fijture construction but
DFG retains all authority to review and conditionally approve or disapprove any related
appHcation and construction; and
WHEREAS the BVLF is a Non-Profit Public Charity Corporation and has received a
grant from the City of Carlsbad (Funding Source) for the preparation of plans and applications for
future construction of a pedestrian walkway over the Buena Vista Lagoon along Carlsbad
Boulevard and is wholly reliant on said grant for funding of the subject design services;
NOW THEREFORE, the parties hereto, intending to be legally bound, hereby agree as
follows:
1. Agreement and Scope of Services. Client hereby retains and employs NCI to
provide the following services: To consist of the Scope of Services as described in NCI's
proposal dated August 25, 2008, attached hereto as Exhibit '*A'\
NCI shall prepare such detailed investigations, studies, plans, specifications and/or reports as are
reasonably necessary and desirable to achieve the above-described scope of services.
NCI shall perfonn services as an independent contractor and shall perfonn the services provided
for in this agreement in accordance with generally accepted standards of professional practice in
effect at the time of performance.
2. Tangible Products. All services provided by NCI hereunder may be used by the
Client only for the project described herein. All original papers, documents, drawings or other
work of NCI shall become the exclusive property of the Client upon full payment to NCI all
amounts due hereunder. Said papers, documents and drawings, or copies thereof, may not be
used by NCI at any time or for any purpose without the consent ofthe Client.
Engineering Consultant Agreement
Noble Consultants, IncTBuena Vista Lagoon Foundation
Page 2 of 5
Client intends to transfer ownership of all such tangible products to the City of Carlsbad and/or
the DFG pursuant to their Agreement for grant funding.
3. Comoensation. The Client shall compensate NCI for its services by the payment
ofthe following fees: To consist of a lump sum, fixed price fee of $158,000, as described in
NCI's proposal dated August 25, 2008, and attached hereto as Exhibit "A". Any Extra
Work must be agreed in advance by addendum to this contract and will consist of a
specified scope of work and a lump sum amount
Invoices will be submitted to Client on a monthly basis, and a final bill will h>e submitted upon
completion of services. NCI recognizes that such invoices will be presented by Client to the
Funding Source and that Client will pay NCI the amount due for services rendered and expenses
incurred pursuant to this Agreement within fourteen (14) calendar days after Client is paid by the
Funding Source.
4. CoQoeration. Client and NCI agree to cooperate with each other in order to
fulfill their responsibilities and obligations under this Agreement. Client will assist NCI to
acquire any information, data, studies and/or reports as shall be reasonably required for the
consulting services described above; and, upon request, will provide all documents and materials
in its possession necessary for NCI to provide said consulting services.
5. Disclaimer of Representations and Warranties. Unless expressly agreed by NCI
to the contrary in writing, NCI:
(a) makes no representation or warranty conceming the accuracy of
estimated quantities and cost figures disclosed in maps, plans, specifications or
drawings prepared pursuant to this Agreement, other than that all such figures
shall be deemed to be estimates only, and are subject to fluctuations in cost
factors;
(b) does not guarantee the completion of contracts or the quality of
performance by the constmction contractor or contractors or any other third
party, nor is it responsible for the acts or Comissions of such contractors or third
parties;
(c) MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO
ITS FINDINGS, RECOMMENDATIONS, SPECIFICATIONS OR
PROFESSIONAL ADVICE, EXCEPT THAT THE WORK TO BE
PERFORMED HEREUNDER WAS PERFORMED PURSUANT TO
GENERALLY ACCEPTED STANDARDS OF PRACTICE IN EFFECT AT
THE TIME OF PERFORMANCE; and
(d) makes no representation conceming soil conditions, and shall not be
responsible for any liability which may arise out ofthe making or failure to make
soil surveys, subsurface soil tests, or general soil testing unless an undertaking to
the contrary is specifically included in a previous phase of woric, this Agreement
or its attachment(s).
Engineering Consultant Agreement
Noble Consultants, IncVBuena Vista Lagoon Foundation
Page 3 of 5
6. Changes. Any changes in the description of the project as set forth in this
Agreement, or in the investigations, studies, reports, plans and/or specifications related thereto,
which would affect NCI's or Client's obligations hereunder, shall require the written consent of
NCI and Client. Failure by Client or NCI to obtain such consent will constitute a waiver by
Client or NCI of any and all claims against NCI or Client arising from any such changes.
7. Use of Work Product. No tangible work product of NCI's services hereunder
shall be used by Client for any purpose other than the information of the Client unless such work
product shall bear the signature of a responsible officer of NCI.
Client agrees that all reports and other work fumished to the Client or his agents, which
are not paid for, will be retumed upon demand and will not be used by the Client for any purpose
whatsoever.
NCI will retain copies of all pertinent records relating to the services performed for a
period of five years following submittal of the report, fmal drawings and any change order
drawings, during which period the records will be made available to the Client at all reasonable
times.
8. Force Maieure. NCI shall not be responsible for delay caused by activities or
factors beyond its responsible control, including, but not limited to, delays by reason of strikes,
lockouts, work slow-downs or stoppages, accidents, acts of God, failure of Client to fiimish
timely information or to promptly approve or disapprove of NCI's work, faulty performance by
Client or by other contractors or govemmental agents. NCI shall not be responsible in damages
nor shall it be deemed in default of this Agreement for delays caused by the factors refened to in
this paragraph.
9. (a) Insurance. NCI agrees to, at its own cost, maintain in force throughout
the period of its performance under this Agreement automobile and general liability insurance in
the amount of $1,000,000 each. NCI shall provide the Client with certificates of such coverage,
naming the Client, the DFG and the City of Carlsbad as additional named insured. NCI shall
maintain Workers' Compensation coverage as required by the State of Califomia. Throughout
the time NCI is actively providing services to the Client, NCI also agrees to maintain professional
liability enors and omissions insurance in the minimum amount of $1,000,000.
(b) Limitation of Liability. For any injury or damage on account of any
enor, omission or other professional negligence, the Client agrees to limit its claim to the
insurance required of 'NCI to the Client and to all its volunteers, agents, contractors and
subcontractors arising out of the performance of NCI's professional services, such that NCI's total
insured aggregate liability to all those named will not exceed $1,000,000 per separate agreement.
10. Restaking. In the event any staking (for Projects where staking is necessary) is
destroyed, damaged or disturbed by an act of God or by parties other than NCI, the cost of
restaking shall be paid for by Client as extra work.
11. Reimbursement for Costs. All costs for anticipated expenses and fees, other than
permit fees, are included in the lump sum fee pursuant to this Agreement. Any additional costs
may be authorized only through addendum to this agreement by both parties.
Engineering Consultant Agreement
Noble Consultants, IncyBuena Vista Lagoon Foundation
Page 4 of 5
12. Suspension of Performance. In the event that Client, for any reason, shall
suspend, abandon, or terminate all or any portion of the Project and, as a result, all or any portion
of tiie work prepared or partially prepared by NCI hereunder shall not be subject to be performed
by Client or any other party, Client shall nonetheless pay NCI all fees and charges for services
rendered to that time and provided hereunder, subject to the provisions of Item 3 and payment
from the Fimding Source, including a charge for reasonable professional time as final cleanup,
not to exceed the maximum contract price specified herein, if any.
13. Assignment: Goveming Law. This Agreement and each and every portion hereof
shall be binding on all successors and assigns of each of the parties hereto, but shall not be
assigned by NCI without the prior written consent of the Client. This Agreement shall be
govemed by and constmed in accordance with the laws of the State of California.
14. Right of Entry. If and as needed. Client will assist NCI to obtain Right of Entr>'
to the property.
15. Dispute Resolution. Any controversy or claim arising out of or relating to this
Agreement, or any breach thereof, will, on the written request of one party served on the other, be
submitted for dispute resolution conducted by a mutually agreed to ADR provider. If the matter
remains in dispute, the dispute may be submitted to arbitration upon further agreement of the
parties. The costs ofthe dispute resolution will be home in a proportion that the ADR provider
and/or arbitrator shall determine. The results shall be bindmg only upon furtiier agreement of the
parties.
In the event tiiat a dispute should arise relating to tiie performance of tiie services
to be provided under this Agreement, and should that dispute result in litigation, it is agreed that
the prevailing party shall be entitled to recover all reasonable costs incuned in the defense ofthe
claim, including staff time, court costs, attomey's fees and other claim-related expenses.
16. Entire Agreement. This Agreement supersedes any and all other agreements,
either oral or in writing, between the parties with respect to the subject matters herein. Each party
to this Agreement acknowledges tiiat no representations, by any party which are not embodied
herein and that no other agreement, statement or promise not contained in this Agreement shall be
valid and binding. Any modification of this Agreement will be effective only if it is in writing
signed by the parties.
Should any provision herein be found or deemed to be invalid, this Agreement shall be
constmed as not containing such provision, and all other provisions which are otherwise lawfiil
shall remain m full force and effect, and to tiiis end the provisions of this Agreement are
severable.
Engineering C<»isultant Agreement
Noble Consultants, IncTBuena Vista Lagoon Foundation
Page 5 of5
WHEREFORE, the parties hereto have caused this Agreement to be executed on the day
and year first above written.
DATI
CLIENT:
Regg V. Antie, M.D, President
Buena Vista Lagoon Foundation, Inc.
PO
Carload, CA 92608
9/7d/^^
DATED: ^^y^^
NOBLE
CONSULTANTS, INC
August 25.2008 RECEIVED
Sa'^ SEP 0 2 im
Buena Vista Lagoon Foundation ^ ^ r^r^
P.O. Box 4516 CITY OF CARLSBAD
Carisbad. CA92008 PLANNING DEPT
RE: Proposal for Professional Engineering Design Sennces
Buena Vista Lagoon Foundation Boardwalk
Dear Regg,
Pursuant to our recent discussions Noble Consultants Inc. (NCI) is pleased to submit this proposal for
Professional Engineering Design Sennces for your proposed boardwalk at the Buena Vista Lagoon (BVL),
In Carisbad, Califbmia.
V\te understand that the Buena Vista Lagoon Foundation (BVLF) is planning a boardwalk that would
provide a public use trail, and an Important link between the City of Carisbad and the City of Oceanside.
Public Interest on the site lies In passive recreation Including fishing, walking, nature obsen/ation,
education and interpretation of the site's unique biological habitat. The BVLF Is considering two
boardwalk altematives, whteh are described below.
Altemative A: This boardwalk altemative will run straight and parallel to the Carisbad Boulevard - South
Coast Highway roadway, connecting the kiosk at the Nature Center with Maxton Brown Pari^. A straight
layout is prefenred over a more expensive meandering layout that would follow the shoreline contour. The
boardwalk would be elevated above the 100-year flood line. Since the roadway is below the 100-year
flood line, the proposed boardwalk may block views of the lagoon from the roadway. The boardwalk
wouki be located at a minimum of fifteen feet from the roadway to alleviate the perception of noise ft-om
traffic, altow a sense of removal and mitigate the awkwardness of being elevated above the roadway
traffic. In addition, as future developments In the area take place it would be expected that the Improved
roadway would be elevated above the 100-year fiood line allowing fbr better views of the lagoon firom the
roadway. The boardwalk would feature viewing decks to allow users to sit and rest as well as view the
lagoon with no interference on pedestrian traffic. Figure 1 shows the layout of Altemative A.
Altemative B: This altemative would extend access to a more remote area of the lagoon. Altemative B is
similar to /Utematlve A, except that it features a bifurcation that would mn In the East-West direction firom
the main boardwalk. This branch would be built on the existing shoal fronting Maxton Brown Pari< and
would allow pedestrians to observe the lagoon firom a location east of the main boardwalk. Figure 2
shows the layout of Altemative B.
• NOVATO 359 BEL MARIN KEYS BLVD.. SUITE 9. NOV.^TO, CA 94949-5637 (415) 884-0727 FAX (415) 884-0735
• IRVTNE 2201 DUPONT DR.. SUITE 620, IRVINE. CA 92612-7509 (949)752-1530 FAX (949) 752-8381
0 SANDIEGO P.O. BOX 231531. ENCINITAS, CA 92023-1531 (760)715-8537
Imp: MMW.nohleconsiihants. com
NOBLE CONSULTANTS, INC.
Dr. Regg Antle
President
Buena Vista Lagoon Foundation
BVL Boardwalk ProfBssional Engineering Design Services
August 25,2008
Page 2 of 9
Figure 1. BVL Boardwalk - Altemative A.
BEST COPY
NOBLE CONSULTANTS, INC. ^
Or. Regg AnOe
Presidertf
Buena Vista Lagoon Foundation
BVL Boardwalk Professional Engineering Design Services
August 25,2008
Page 4 of 9
The BVLF envisions, for both Altematives A and B above, that the boardwalk would be built of treated
timber given its natural appearance. However, concrete piles may be considered for the foundation.
Furthermore, the BVLF envisions a boardwalk design that wiii provide a continuation to the path system
at both the Nature Center and Maxton Brown Paxk. Conforming with state and local codes, the boardwalk
shall include handrails (guardrails) on both skfes. walking surface, viewing decks, and shall incorporate
accessible paths and ramps to facilitate easy pedestrian flow and ADA accessibility. The boardwalk
should not feature changes in elevation to facilitate the transit of the ADA user. All timber used In the
constructton of the boardwalk shouid be specified to be treated to prevent decay, firom insect attack,
biological deoiy. ultraviolet light exposure, stress firom wetting and drying, and moisture. The boardwalk
shall be constructed over the shoreline and shoals with none or minimal water surface undemeath it.
Figures 3 and 4 shows different views of a conceptual design of the boardwalk that has been considered
by the BVLF. The conceptual design was provided to NCI by the BVLF for guMance purposes only.
Figure 3. BVL Boardwalk conceptual design.
COPY
w
NOBLE CONSULTANTS,INC.
Dr. Regg Antle
PresMent
Buena Vista Lagoon Foundatkm
BVL Boardwalk Professional Engineering Design Sen/ices
August 25,2008
Page 5 of9
2x5
handrail Cap
Timber or Concrete Files
Spacing and Diameter TBD
Figure 4. BVL Boardwalk conceptual design.
The following describes In detail the Scope of Sen/lces proposed by NCI to develop the final design of the
BVL Boardwalk.
Scope of Services
NCI proposes to develop the BVL Boardwalk design with a phased approach, whteh will consist of the
fdlowing:
• Phase 1 - Concept Design Fonnulation
o Task 1.1 Data Collection and Review
o Task 1.2 Field Investigations
o Task 1.3 Design Chan^ette
o Task 1.4 Preliminary Boardwalk Design Memorandum
• Phase 2 - Procurement of Permite
o Task 2.1 CEQA Exemptton
o Task 2.2 Collection of Environmental Information
o Task 2.3 Prepare Screencheck Draft IS/MND
o Task 2.4 Prepare Draft IS/MND
o Task 2.5 Prepare Final IS/MND and Mitigation Monitoring Reporting Program
• Phase 3 - Final Boardwalk Design
o Task 3.1 90% Completion Design
o Task 3.2 Final Design
The following secttons describe each phase and tesk.
Phase 1 - Concept Design Formulation
In this phase NCI wiii perform a series of investigations, analyses and activities In order to characterize
the physteal conditions of the site, identify property boundaries and devetop a preliminary design of ttie
BVL Boardwalk. The end result of tills phase will be a Preliminary Design Memorandum which will be
submitted to the BVLF for review and approval. The memorandum will consist of plan and top views of
the boardwalk, deteils of representative sections, and an outiine of specifications. The Preliminary Design
NOBLE CONSULTANTS,INC.
Dr. Regg Antle
Presklent
Buena Vteta Lagoon Foundatton
BVL Boardwalk Professional Engineering Design Services
August 25,2008
Page 6 of 9
Memorandum will describe tiie BVL Boardwalk with sufficient detail to procure pemiits. The following
paragraphs describe the woric to be peribnned in each tesk of this phase.
Task 1.1: Date Collection and Review
This task effort vwU consist of collecting, analyzing and reviewing the property records on file with ttie City
of Carisbad, City of Oceanside, County of San Diego, Calrfornia Dejaartment of Fish and Game, BVLF,
etc. in order to detennine property righte, property line boundaries, roadway drawings and specifications,
easement Infbmiation, ete. In addition, NCI will procure publicly available infomiation such as
geotechnteal, topographte, battiymetric and utilities sun/eys, relevant GIS data and aerial photographs
relevant to ttie profect area. NCI assumes ttie assistance of a BVLF staff member to perform ttiis task.
Task 1.2: Field Sun/evs
In ttie event that geotechnical, topographte, battiymetric or utilities sun/eys are not available or do not
provkie ttie necessary information. NCI will peribnn ttie sun/eys to characterize ttie project site to ttie level
required for the boardwalk design.
Task 1.3: Deskm Charrette
Utilizing tiie resutts of ttie previous tesks, and ttie conceptual designs suggested by ttie BVLF, NCI will
interact wtth ttie BVLF in a one-day design chanrette wtth ttie purpose of selecting an attemative for
design. Viewing deck tocations. boardwalk end tocations, etc. are features ttiat will be discussed in tiiis
session. A graphte record of ttie selected design in response to ttie resulte of ttie design charrette wiil be
produced.
Task 1.4: Preilminan/ Boardwalk Design Memorandum
Based on the resulte of ttie Design Charrette, a preliminary design of the BVL Boardwalk will be
produced. The preliminary design, to be described In ttie Preliminary Boardwalk Design Memorandum,
will consist of plan and top views of ttie boardwalk, typical sections, preliminary opinton of consbuction
coste. and an outiine of spedfications. This memorandum will be submttted to ttie BVLF for review. Once
approved by ttie BVLF. ttie memorandum will constitute ttie basis finom which ttie final design will be
developed. The Prelininary Design Memorandum wiU describe ttie BVL Boardwalk wtth suffident deteil to
procure permtts.
Phase 2 - Procurement of Permits
The boardwalk project will be sut>)ect to review firom several agendes firom whom permtts and approvals
will be required in order for ttie projed to be auttiorized for construction. The Ctty of Cartsbad and ttw
of Oceanskte. ae expected to have the jurisdtettonal responsibiltty for ttie project
iBquremente of Ihe CaliiDnriia Environmenial Quality Act (CEQA). The main purpose of CEQA review is to
identify and prevent potentially significant environmental impads.
in ttiis phase. HCI will engage ttie servtees of Chambers Group, a recognized environmentel consultancy
fimi witti offices Sai Diego and Soiihem Califoniia to prepare
pursue a CEQA exempt status and Mttigated Negative Dedaralion if necessary. This scope of senm^es
does nd indude to pro(fcj(» an Environmental impad Report <BK
be Jki^sd to asasl ttie ^/LF In prtjvk&ig ttie required technical It^ormation, exdudmg an EIR. to obtain
Ihe perii^ and approvalft. »IMS be the BVLPs responstt^ to apply lo^
and host any meetings ttiat may be required, and manage and execute all admlnistrattve tasks related to
ttie procurement of permtts and approvals.
Task 2.1: CEQA Exemption
The CEQA review process wiii involve a first step in whteh the Lead Agency Ci.e. ttie Ctty of Cari^iad) wtit
examine ttie projed to detennine whettier ttie prpjed is subjed to CEQA at aH. if the projed Is exemi:^
the process does nd need to proceed any further and the agency may prepare a Nott^
NOBLE CONSULTANTS, INC.
Dr. Regg Antle
Presklent
Buena Vista Lagoon FourMlatton
BVL Boardwalk Professional Engineering Design Services
August 25,2008
Page 7 of 9
Chambers Group will investigate whettier the proposed projed qualifies for an exemption under CEQA. If
an exemption can be justified, Chambers Group wili prepare ttie exemption fomri and also 2 or 3 pages of
explanation as a back up to the request for an exemption, tt will be tiie BVLF responsiblltty to apply for the
Notice of Exemption.
If tiie projed is not exempt, tiie Lead Agency will teke a second step and will request to condud an Inttial
Study to detemiine whetiier ttie projed may have a significant effed on ttie environment If ttie Inttial
Study shows that ttiere is no substantial evktence ttiat the projed may have a significant effed on the
environment, the Lead Agency wiU prepare a Negative Dedaration.
Chambers Group will prepare an Inttial Study/Mttigated Negative Dedaratton (IS/MND) in compliance wtth
Califomia Environmental Qualtty Ad (CEQA) acoordng to ite folowing tasks:
Taak2.2 Cdledtonof Environmantel Infonnation
Chambers Group wiU attend a ktek-off meeting wtth the BVLF and also perform a brief reconnaissance
vistt to ttie projied stte. Chambere Group assumes that the BVLF wil provkle previously acquired
ffifonna^on on the iMdog^. cuttural, eto. lesources and otfier environmental condtttens at the projed
s^ Noliekjwortcarsunraysare praiXMedaspart ofthisso^
Lagoon RestoreiionPfpied and Elftfiiisiniofmato
TaakZa Pren^gm'Y*TffyPr^f^^n
For ttie IS, ttie format wUI be based on ttie current CEQA Guidelines. This fomiat fisHows that of an
expanded CEC2A dieddist focusing on respondirig to the levd of irnpad se^^
found Sl 15 s^iarsie enyHtximer^ {fedpilnes. A bri^ sutetantiation for level of impad for each
cheddist qu(^^ he pr^^ared. MHIgarilon. ^ needed, wH be proirfded, as wH detamwialian of
MMher any residual impads iMuU remain ai^
A ^TB^siisdc C^aS IS^IND (SD IS/MND) t>e pF^>ared. and five (5) copies and an eledronte copy
win be ^^iM}nRttted to Itie B^4F for fe^fi^ FoHom^lhaBVAFrei^afttieSDIS/ilND.
Chambeis Group wotid ihcorporals fite BVLPs comme;^ ar^l prsp^ ^ Drs^ IS/MND for ptt^
reviewr. A final Draft IS/MND wUI be prepared, and f»/e (5) copies and m elocferonic copy will b& subvnittc^
^ tfie %iai f^\4eflr. ttls^^^?^^^t^ewi:^t}eone(1)i»sidof coimiienterecenQdon
^ SD 1S/14N0. If mote review is required, revi^ons would be pti^fomied on a tOTie-and-a^xanses basis
aboitt thft cost IdMySsrt M Ihis prefiQSBlv
Task 2.4 PPBoare Dial ISltiD
Folowing the BVLFs one round of review of the SD iS/KB4D, Chambers Grot.^ woukl re^^ ttie
document ID relert IBVLF comments and would pr^xare the Draft ISA4ND for pubSc review. The Dt^ft
^i%^iD'^jMbQ^^Js^fOTp^A^mvfi3^nc^r3^^ Tlie piisfic review period
$ti^:iB not be }c.$s itlian 30 days. The cos^ includes t^ie prepardl 50 cc^)les of ttie IS/MND. Ctanbere
GroupMiberKporisS)le for rna^r^ to SDoipics of tbe Dnift IS/M^C^ to a nns*;^r^ list stipinted by the
BVLF or the Lead Agency. Chambers Grou9> will prepare the Notice of Cornp^etiorVNot'ice of Av^itabnity.
Tg<ik 2.5 Preoare Final lS/Mf<) and Mitigation Monitoring Reo^^
The Preiminafy Final IS/MND wmid indude the writfer. and org? comments, re^xm^^ to ootntnent^, s^id
imiBed pages to tie Draft IS/^D and woukl be submtttctd fbr revtow by the BVLF. The Drafl MitigM>or>
Monltom-^ iiiid Rt5j5ottttig P^an ^^M^ imM tsfeo fee pn3p?3R^ for ref^new by the BVLF. Qiatidiers Group
^Vatf will woik with NCI and tho BVLF to dotofmine tho appfopdate mitixiatfon measures and monloring
program to best meet ttie requiremente of Ihe ISAIND and the ivpjed apj^^
Tho Prs!8?wi5ay Fm^ ISf^f^ ^ S^^RP yM be prepared, and five (^ copies and an electronic
copy will bo submitted to the BVLF for review and asmment Fdkw«ng the BVLFs one round of review of
NOBLE CONSULTANTS,INC.
Dr. Regg Antle
Preskient
Buena Vista Lagoon Foundatton
BVL Boardwalk Professional Engineering Design Sen/ices
August 25,2008
Page 8 of 9
the Final IS/MND and MMRP, Chambers Group would Incorporate ttie BVLF commente and prepare ttie
camera-ready copies of ttie Final IS/MND fbr final BVLF review and approval.
If ttie Inttial Study shows ttiat ttie projed may have a significant effed on ttie environment, ttie Lead
Agency wM Ma a ttiint step and request ttie preparation of an Environmental Impad Report (EIR). NCI
and Chambere Group m not condud ttie EIR. or any study to support tt.
tt Is noted ttiat infomiation and date required to compiete ttiis phase is already available firom ttie ongoing
Buena Vista Lagoon Restoration Projed and QR. Therefore:
• No btologteal fiekl surveys are induded in ttils proposal. Chambere Group wiU rely on prevtous
btetogteal sun/eys supplied by the BVLF.
• This proposal does not indude coste for archival research beyond that at ttie Soutti Coastal
Information Center, formal recordation of resources, test excavation of archaeotogteal sftes, or fonnal
evaluation of archaeotogteal srtes or historic resources for eligibiitty to ttie CRHR. If any of ttiose
services ara requirsd, a sspsa^ite scope of woric and co^ vwH be submttted upon request based on the
necessary level of efibft
• Scope of woric does not address ettinography or ardittedural history woric.
• For the purposes of ttiis proposal, no historic (45 yeare dd or dder) buUdings or otfier buUt
environment features above ground level are assumed to be present wtthin ttie projed area.
• No tocal. state, or federal agency permtts. review, or approval for general access and archaeotogteal
field sun/ey recjuired.
Phase 3 - Final Boardwalk Design
Upon ttie award of the envlronm«ital permtts and approvals, NCI will produce the final boaKivraLk dasign
and submtt tt in two steps: a) 90% compietion design and b) final design. Thc otsjcctivc of this uvo-stcp
submtttal is to provkie the BVLP wtth an opportuni^ for a final review prior to finalizing the design and
The fdtowing is a Ust of the deliverables for each sitoittat:
Task 3.1: 50% Completion Design
a. Titie and Index Sheet
b. Stte Pian
c. Prc3jed Plan and Profile Drawings
d. Stmctural Details
c. Prdlmlnary List of Technteal Specifications
Task 3.2: Final Deskin
a. Final Titte and Index Sheet
b. Final Stte Plan
c. Final Projed Plan and Profite Drawings
d. Final Strudural Details
e. Complete Technteal Spedfications
f. Ali engineering calculations in notebook fomnat
g. Three sete of drawings
NCI wtti respond to City's plan cheek cGmnients fcftcwing rsv?^// cf ths Cw/s tmm Bssig.n submitta?
Fdkjwing ttie Ctty approval and issuance of a wuM^^^^
sdkA bkls from quaiiffied oontradore.
NOBLE CONSULTANTS,INC.
Dr. Regg Anfle
President
Buena Vista Lagoon Foundatton
BVL Boardwalk Professional Engineering Design Sendees
August 25.2008
Page 9 of 9
Engineering Services Fee
Compensation for ttie completion of ttie woric described in ttie Scope of Sen/tees above shall be a total
Lump Sum Fee of $158,000. The table below provides a breakdown of tiie fee and estimated time to
comptete each phase.
Cost Time to
Complete
Phase 1 - Concept Design Formulation $66,000 3 montiis
Phase 2 - Procurement of Permtts $38,000 **
Phase 3 - Final Boardwalk Design $54,000 4 months
Estimated Total $158,000 -
time to complete is unknown and depends on public agendes.
The following condttions wili apply:
NCI will inttiate tiie design woric after receipt of Purchase Order or fOnnal Notice to Proceed.
NCI win invdce ttie BVLF on a montiily basis based on percentege of woric completed.
Invoices will be due upon receipt
A1.5% per montti interest will be charged on invdces not paid wtthin 30 days.
This proposal is valid for 60 (sixty) days from date of submtttel.
If you concur wtth ttiis proposal for our above-kJentified Scope of Sen/ices, please provide us wtth a
written Notice to Proceed. At ttiat time we will execute ttie attached Engineering Consultant Agreement.
We look forward in ttie opportuntty to provkie you our servtees. Rease catt me if you have any questions
regarding this proposal.
Sincereiy,
NOBLE CONSULTANTS, INC.
Claudio Fassardi
Associate Engineer
Cevin Pointer - Re: Re: Ag mit grant
'-"^ Page 1 of!
i'rom: "Regg Antle" <reggantle@cox.net>
To: "Kevin Pointer" <Kpoin@ci.carlsbad.ca.us>
)ate: 10/09/2008 4:52 AM
Subject: Re: Re: Ag mit grant
:C: "Ronald Wootton" <wootland@cox.net>
Attachments: NCI - BVLF Boardwalk Professional Engineering Services Proposal 082908.pdf
vBvin-Task 1 components are completely detailed in exhibit A pages 5&6 that I gave to you at the last Ag Mit meeting. I thought I
lad also emailed you this final document Anyway find attached this document Funding is no longer broken down by task, but by
*hase as already provided.
Completion date Phase 1 is now Jan 31,09.
^egg
Original Message
From: Kevin Pointer
To: reggantle@cox.net
Cc: Ronald Wootton
Sent: Wednesday, October 08, 2008 9:51 AM
Subject: Fwd: Re: Ag mit grant
Due to internet server errors experienced by the City yesterday afternoon, the below email is being
fon/varded again to ensure your receipt. We apologize for any delay you have experienced in
communications with the City of Carlsbad.
»> On 10/07/2008 at 10:01 AM, in message <48EB338E.BB18.0063.0(g).ci.carlsbad.ca.us>. Kevin Pointer wrote:
" Good morning Regg,
Would you please fonA/ard a revised project schedule with as much detail as provided in the originally submitted "Project
Funding Schedule" so that individual tasks within each phase are identified? (See attached). Additionally, would you please
provide the City with an anticipated date for the completion of Phase 1?
Sincerely,
Kevin Pointer
CityofCarlsbad
Associate Planner
(760) 602-4620
(760) 602-8559 fax
http://mw.carlsbadca.gov/ .
Conserve resources....Print this email only if you need to.
»> On 10/07/2008 at 9:39 AM, in message <002201c9289b$4a84dl30$a477c548@P4>, "Regg Antle"
<reggantle@cox.net> wrote:
Kevin
I am sending the W9 under separate cover.
We have revised the costs for the project because of the delay in signing. Noble is charging us more. We will remain in
the guidelines and the total cost is $164,000.
ile-//r.-\T)ociiment.<? and SettinPs\Knoin\T.ocal Settings;\Temn\XPpmwi.se\48RD8R09GW-DomainPO-FDl... 10/17/200^
Page 2 of:
•^hasel-Concept Design Formulation $68,000
3 months to complete
Phase 2-Procurment of Permits $38,000
Time unknown*
Phase 3-Final Boardwalk Design $58,000
4 months to complete
*time to complete is unknown and depends on public
agencies
Regg
Original Message
From: Kevin Pointer
To: regaantle@cox.net
Sent: Tuesday, September 23, 2008 8:26 AM
Subject: Re: Ag mit grant
Good morning Regg,
On August 25 2008 the City received your request for partial disbursement of awarded grant funding from the
Agricultural Conversion Mitigation Fee fund in the amount of $68,000. At the September 2, 2008 Agricultural
Conversion Mitigation Fee Committee meeting staff informed you of our need for additional information to
accommodate your request. Subsequently, on Sept. 18th the City received a copy of the Engineering Consultant
Agreement entered into between Buena Vista Lagoon Foundation (BVLF) and Noble Consultants, Inc. After our review
we've determined that the information we've most recently received is not consistent with the project schedule on file
and submitted on July 13, 2007. The purpose of this email to request that you provide clarification of the discrepancies
so that the City mav proceed with disbursement of funds. Our recommendation is that you clarify this information by
providing a revised/updated project schedule. Additionally, staff is reauestina that vou complete and return the
attached Supplemental W-9 form for processina of the pavment.
In your August 25th email you indicated that BVLF is requesting disbursement of $68,000 (ofthe awarded $164,000),
however, the project schedule you submitted to the City on July 13, 2007 cites Phase 1 funding allotment at $60,000.
To clarify this discrepancy, it is recommended that you submit a revised project schedule with funding totals that align
with your most recent disbursement request It is also very important that the total funding scheduled does not exceed
the awarded total ($164,000). Tasks within each phase may be re-categorized, as long as we are able to determine
that the request aligns with and is substantially similar to the awarded grant project. Additionally, it is requested that the
revised project schedule contain dates for which completion of each phase is expected. At the September 2, 2008
Agricultural Conversion Mitigation Fee Committee meeting you indicated to staff that Phase 1 is already underway.
Additionally, the project schedule on file identifies that Phase 1 is scheduled to take 3 months. With that in mind,
please provide the City with a reasonably expected completion date for Phase 1 (and subsequent) tasks as part of the
revised project schedule.
Lastly, in order for staff to disburse funding it is required that you complete and submit the attached Supplemental W-9
form for accounting purposes. Should you have any questions regarding the information necessary for the City to
release the funds, please don't hesitate to contact me directly.
Sincerely,
Kevin Pointer
CityofCarlsbad
Associate Planner
(760) 602-4620
(760) 602-8559 fax
hrtp://www.carlsbadca.gov/
///-(. A„ J C<^*4-^*^, «\VPart^wi-cp\48Fn8FaQrTW.nnmainPO-FDl... 10/17/200^
»> On 09/05/2008 at 8:34 AM, in message <48C0EF10.BB18.0063.0@ci.carlsbad.ca.us>, Kevin Pointer
wrote:
Good morning Regg,
To follow-up on your below email, as well as to provide a reminder of our conversation at the
Agricultural Conversion Mitigation Fee Committee meeting on Tuesday, the City is awaiting submission
of the engineering consultant agreement with Noble Consultants, Inc. in order to continue with processing
of the check request to fund the Buena Vista Boardwalk project. Please let me know if you have any
questions.
Page 3 of:
Conserve resources....Print this email only if you need to.
Sincerely,
Kevin Pointer
City ofCarlsbad
Associate Planner
(760) 602-4620
(760) 602-8559 fax
http ://www.carlsbadca. gov/
Conserve resources....Print this email only if you need to.
»> On 08/25/2008 at 7:39 PM, in message <006501c90724$ea801750$da81c548@P4>, "Regg Antle"
<reggantle@cox.net> wrote:
Scott
Per our phone conversation. We have signed a consultant agreement with Nobel Consultants Inc. to design
and help permit the Boardwalk project
Phase 1 - Concept Design Formulation, is now underway. We are applying for $68,000 to complete this phase.
We are billed monthly and the clock is running.
Per our letter 7/10/07 the payment is due. Should you need other documentation please let me know.
Regg V. Antle MD, FAACS
Pres. BVLF
Off 760-726-6451
FAX 760-726-4822
reggantle@cox.net
reggantle@cox.net
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