HomeMy WebLinkAboutMoffatt & Nichol Engineers; 1994-12-22;March 16, 1998
TO: MANAGEMENT ANALYST MINDY JACOBS
FROM: Associate Engineer Steven Jar&
OPPORTUNISTIC SAND CONSULTANT CONTRACT
Attached are three (3) executed contracts from Moffatt & Nichol Engineers for the
completion of the City’s Opportunistic Sand Program. Please process for signatures
and prepare a purchase order for payment.
As a bit of history, the original contract had expired since the work exceeded the three
year stipulation. I processed an executed Amendment No. 3 (also attached) which was
rejected by the attorney’s office due to the expiration of the original contract.
Therefore, the attached new consultant agreement includes only those tasks which will
complete the contract and specific wording was included which supercedes the
previously executed amendment.
Since Moffatt and Nichol Engineers has been working on this program for the past
three years, this firm is the most qualified to complete the remaining tasks. For this
reason, staff did not solicit three proposal from other firms. The described work
efforts should be completed within this year.
Also included are two invoices for work completed. Once the agreement is signed and
returned, please process the invoices for payment.
If you have any questions or need further clarification, please contact me at extension
4354.
EXTENSION AND AMENDMENT NO. 3 TO AGREEMENT
This Amendment is entered into and effective as of the 22 day of
D- 9 1997, amending the agreement dated December 22, 1994 by and between the City
of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Moffatt & Nichol Engineers,
hereinafter referred to as, “Contractor” for development of an Opportunistic Sand Program.
RECITALS
WHEREAS, the City and Contractor desire to extend the term of the agreement dated
December 22, 1994 for a period of eighteen (18) months ending on July 22, 1998; and
WHEREAS, the initial agreement, dated December 22, 1994 and subsequent extension
dated December 22, 1995, identified a scope of work which outlined tasks to initiate the permitting
process for the development of an Opportunistic Sand Program; and
WHEREAS, the parties to this aforementioned agreement desire to alter the scope of
work to include the following tasks:
1. Administer a contract with a biology subconsultant to review data on offshore
reefs in the City, and to confirm or update findings of their original report. A letter
report will be submitted by the biologist summarizing their conclusions.
2. Prepare and submit letters to the USACE and Coastal Commission relating the
updated biology findings, and requesting issuance of a Corps Public Notice and
processing of the Section 404 and Coastal Development Permit applications.
3. Provide follow-up correspondence with the City and regulatory agencies as
necessary to enable the agencies to reach a final decision.
4. Make status report presentation to the Shoreline Erosion Committee and Beach
Erosion Committee as needed (one meeting with each committee is anticipated).
WHEREAS, a supplemental scope of work and fee schedule have been negotiated and
agreed to between the parties hereto, and as shown on Exhibit “A” Scope of Services and Fee;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. The term of the agreement shall end on July 22, 1998.
2. Contractor shall provide services as outlined on the attached Exhibit “A”.
9/l l/96
3. City shall pay Contractor for all work associated with tasks outlined above, on a time
and materials basis not-to-exceed $10,000. Contractor shall provide City on a monthly basis, copies of
invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
4. All other provisions of the aforementioned agreement entered into on December 22,
1994, by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall include
coverage for the amended assignment and scope of work for the extension period.
Acknowledged and Accepted:
CONTRACTOR: CITY OF CARLSBAD, a municipal corporation of the State of California
MOFFA-IT & NICHOL ENGINEERS
(print name/title) /
By: &!m@- =
(sign here)
ATTEST:
(print name/title)
(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
City Attorney
BY
9/I l/96
Mb1 MOFFATT&NICHOL E N G I N E E R S
July 1, 1997
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009- 15 19
Attn: Mr. Steve Jantz, Associate Engineer
Subj: Carlsbad Opportunistic Beachfill Program, Proposal to Complete Permit Process
M&N File: 3497
Dear Mr. Jantz:
This proposal is presented to the City in response to our earlier conversations about the status of
the Opportunistic Beach Fill Program. The City submitted final permit applications for the
Program to all appropriate permitting agencies in November of 1996. Since the submittals, the
U.S. Army Corps of Engineers has requested additional information on offshore reefs for the
Section 404 permit. Meanwhile, the Coastal Commission has suspended its processing of the
Coastal Development Permit (CDP) until local approvals are obtained. Several additional tasks
may be required to follow-up on provision of data to the USACE, and to initiate processing of
the 404 permit and CDP applications. We propose to complete the following tasks for the City:
1. Administer a contract with the original biology subconsultant team member to review
data on offshore reefs in the City, and to confirm or update findings of their original
report. A letter report will be submitted by the biologist summarizing their conclusions;
2. Prepare and submit letters to the USACE and Coastal Commission relating the updated
biology findings, and requesting issuance of a Corps Public Notice and processing of the
Section 404 and Coastal Development Permit applications;
3. Provide follow-up correspondence with the City and regulatory agencies as necessary to
enable the agencies to reach a final decision, and
4. Make status report presentation to the Shoreline Erosion Committee and Beach Erosion
Committee as needed (one meeting with each committee is anticipated).
250 West Wardlow Road, Long Beach, California 90807 P.O. Box 7707 (562) 426-9551 Fax (562) 424-7489
. .-
City of Carlsbad
Mr. Steve Jantz, Associate Engineer
July 1, 1997
Page 2
These services can be performed for a sum not-to-exceed $10,000, to be billed on a time and
materials basis. Thank you for allowing us to be of continued assistance to the City, and please
call with any questions or comments.
Very truly yours,
MOFFATT & NICHOL ENGINEERS
James R. Walker, Ph.D., P.E.
Senior Vice President
JRW/CKW:jbj
3497~~1 .Im 1
CALIFORNIA ALL-PURPOSE AC,KNOWLEDGMENT
State of
County of
On
personally appeared , Name(s) of Signer(s)
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whose name(sjis/are subscribed to the within instrument
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NC -A- T. COFFtEhD
Coinm. #1071400 NOTARY PUaLlC
same in hismauthorized capacity(i& and that by
his/her/their signature@ on the instrument the person@+
or the entity upon behalf of which the person(e)-acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notay Public
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Document Date: w Number of Pages: 2
- - Signer(s) Other Than Named Above: w H /k AL-
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Lff?aoAa
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0 1995 National Notaly Association * 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827
. * -
’ CALIFORNIA ALL-PURPOSr’ ACKNOWLEDGMENT
State of
County of
Name(s) of Signer(s)
me on the basis of satisfactory evidence to be the person(e)-
whose name@) is/are subscribed to the within instrument
and acknowledged to me that he/sJ&bey executed the
same in hisM&thM authorized capacity(iee), and that by
his/h&their signature(s) on the instrument the person&),
or the entity upon behalf of which the person@ acted,
executed the instrument.
personally known to me - OR - q proved
WITNESS my hand and official seal. , OPW .
Sign&r&f Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: &a. ?z&z4Ldw
Capacity(ies) Claimed by Signer(s)
Signer’s Name: LJL.LtR E.ti&
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@ 1994 National Notary Association * 6296 Remmet Ave., P.0. Box 7164 l Canoga Park, CA 91309.7164 Prod. NO. 5907 Reorder: Call Toll-Free 1-600-676-6627
- -
From: Mindy Jacobs To: Karen Kundtz Date: 1 O/7/97 11:20AM Subject: Moffatt 8 Nichol Extension and Amendment No. 3
It has just come to my attention that the document noted above should not have been processed. A new agreement will be prepared and sent for signature shortly. Can you please discard your “original” of this document? Thanks for your help.
cc: Steve Jantz
LETTL:t OF TRANS cm OF CAWBA.&D
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-I 576
(619)438-1161
ENGINEERING DEPARTMENT
DATE JOB NO.
8126197
RE:
TO Moffatt & Nichol Engineers ---.“.’
Assistant City Clerk
I I
WE ARE SENDING YOU Ia
0 Shop Drawings [7
0 Copy of letter cl
Dated
Attached 0 Under separate cover via the following items:
Prints cl Plans 0 Samples [7 Specifications
Change Order Cl
THESE ARE TRANSMITTED AS CHECKED BELOW:
For approval 0 For your use
As requested ; For review and comment 0
For your action
For checking
Approved as submitted
Approved as noted
Returned for corrections
0 Resubmit copies for approval
0 Design only, not for construction
0 Return corrected prints q For signature
REMARKS pi ease process the attached for signature by the City Attorney and City Clerk. Please keep one for your
records and return other two to me. Thank you for your assistance.
COPY TO: Associate Engineer Jantz
SIGNED:
/fenc/os~~ras are not as noted, kind/y notify us at once.
August 8, 1996
TO: ASSISTANT CITY CLERK
FROM: Management Analyst, Engineering
VIA: t??cG Engineer @w
EXTENSION AND AMENDMENT NO. 2 OF AGREEMENT FOR CONSULTANT
SERVICES FOR THE DEVELOPMENT OF AN OPPORTUNISTIC SAND PROGRAM
Three sets of our proposed extension and amendment to our contract with Moffatt & Nichol
Engineers to provide consultant services for the development of an opportunistic sand program
are enclosed and ready for signature by the City Clerk, City Attorney, and City Manager.
When the documents are signed, please keep one copy for your records, and return the
remaining two to me.
Thank you for your assistance.
MINDY JACOBS
Management Analyst
Enclosures
cc City Engineer
Senior Management Analyst, Engineering
Associate Engineer Jantz
EXTENSION AND AMENDMENT NO. 2 OF AGREEMENT
The agreement dated December 22, 1994 for consultant services for the development of
an Opportunistic Sand Program between the CITY OF CARLSBAD, a municipal corporation and
MOFFATT & NICHOL ENGINEERS is hereby extended for a period of one (1) year ending on
December 22,1996.
All other provisions in the original agreement shall remain in full force and effect except
that Section 1 - Consultant Obligations is amended to include the additional task as follows:
1. Meet with City staff to formulate the strategy to complete the project, and to obtain
information regarding the Carl&ad-by-the-Sea and Olivenhain projects.
2. Meet with EPA staff analyst Brian Ross in Carlsbad to present details of the overall
project and individual projects and to solicit feedback. Optionally, we can travel to Mr. Ross’
office in San Francisco, if necessary, for an additional fee.
3. If necessary, demonstrate a “wash and bleach test” of opportunistic beachfill
material (the Ponto Beach red sand, and/or the Carlsbad-by-the-Sea excavation).
4. Meet jointly with regulatory agencies (EPA, USACE, Coastal Commission and
others) to discuss the project and identify specific agency concerns, and remedies to address
those concerns.
5. Meet with the developer of the Carlsbad-by-the-Sea project to obtain project
information to be used in modifying final permit applications.
6. Modify final permit forms and the document titled “Technical Report - Opportunistic
Beachfill Criteria and Concept Design” as needed. This effort will include amending final permit
applications to include descriptions of the Carlsbad-by-the-Sea and Olivenhain projects and
required technical analysis (preliminary sediment compatibility assessment).
7. Submit amended permit applications for the revised project.
a. Prepare and submit responses to comment letters from the USACE and Coastal
Commission on the final opportunistic beachfill program permit applications.
,
e
9. Provide follow-up correspondence with the City and regulatory agencies as
necessary to enable the agencies to reach a final decision.
The above-mentioned task shall be billed on a time and materials basis for a sum
not-to-exceed $10,000.
All insurance policies to be maintained by Contractor shall be modified to include
coverage for the amended assignment and scope of work and the extension period.
CONTRACTOR:
MOFFATT& NICHOL ENGINEERS
BY l!cJ&TL
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
City Clerk
. ICLZI; /T/7& DATW
(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
City Attorney
10/1%/95
. . - . -
,CALIFORNIA ALLPURPOSe ACKNOWLEDGMENT
(5-e-w& 4?kf&if& :z~YLL*z Name and Title of lcer (e.g., ‘Jane &, Notab Public”)
E-- Cl-ur,rcc-m- ,
Name(s) of Signer(s)
ed to me on the basis of satisfactory evidence to be the person(s)
whose name(s) eubscribed to the within instrument
me that Bxecuted the
uthorized capacity(ies), and that by
Bignature on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
s
;!kke----
Signatu&of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document .
Title or Type of Document: && &
Document Date:
Signer(s) Other
Number of Pages: 3.
Capacity(ies) Claimed by Signer(s)
Signer’s Name: f&w.& x-da-
0 Individual
QCorporate Officer
Title(s): /i-P - l
q Partner - q Limited 17 General
0 Attorney-in-Fact
0 Trustee
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Signer Is Representing:
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Signer’s Name: d!4 HW .
0 Individual
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Title(s): /I/ I *
q Partner - 17 Limited 0 General
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0 1994 National Notary Association - 6236 Aemmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free l-600-876-6627
July 29, 1996 RECEIVE.3
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
AUG 0 1 1996
ENGINEERING
DEPARTMENT
Attn: Mindy Jacobs
Management Analysis
Subj: Second Amendment to Agreement for
Carlsbad Opportunistic Beachfill Program
M&N File: 3497
Dear Ms. Jacobs:
Moffatt & Nichol Engineers hereby resolves that the following persons have the authority to sign and bind Moffatt & Nichol Engineers to the above referenced Agreement:
Sterling M. Brockwell, Jr.
Daryle D. Bailey
Walter E. Hurtienne Richard B. Dornhelm
Allen L. Ely
John R. Headland Michael G. Horton James W. Hunt Michael Kraman Tim Rellaford
James R. Walker
John R. Lesnik
Senior Vice President
Vice President Senior Vice President & Secretary Vice President
Senior Vice President
Vice President Vice President Vice President Vice President Vice President
Senior Vice President
Vice President
Thank you and please call with any questions.
Very truly yours,
MOFFATT & NJCHOL ENGINEERS
Senior Vice President
WEH/pjb
3497cw1.lm10
Enclosure
250 West Wardlow Road. Long Beach. California 90807 P.O. Box 7707 (310) 426-9551 Fax (310) 424-7489
MOFF'ATT&NICHOL
ENGINEERS
May 16, 1996
City of Carlsbad
2075 Las Pahnas Drive Carlsbad, California 92009- 15 19
Attn: Mr. Steve Jantz, Associate Engineer
Subj: Carlsbad Opportunistic Beachfill Program, Proposal to Complete Permit Process
M & N File: 3497
Dear Mr. Jantz:
The City of Carlsbad desires to pursue permits for the Opportunistic Beachfill Program
You have indicated that the City also wishes to propose one or two specific projects as
initial opportunistic beachfjll efforts. This letter proposes a specific scope of work for the
contract extension and amendment to complete the permit process for the overall project,
which will include the individual project(s). We propose to complete the following tasks :
1.
2.
3.
4.
5.
6.
7.
8.
9.
Meet with City staff to formulate the strategy to complete the project, and to obtain
information regarding the Carlsbad-by-the-sea and Olivenhain projects.
Meet with EPA staff analysis Brian Ross in Carlsbad to present details of the overall
project and individual projects, and to solicit feedback. Optionally, we can travel to
Mr. Ross’s office in San Francisco ifnecessary for an additional fee.
Ifnecessary, demonstrate a ‘wash and bleach test” of opportunistic beachfill material
(the Ponto Beach red sand, and/or the Carlsbad-by-the-sea excavation).
Meet jointly with regulatory agencies (EPA, USACE, Coastal Commission and others)
to discuss the project and identify specific agency concerns, and remedies to address
those concerns.
Meet with the developer of the Carlsbad-by-the-Sea project to obtain project
information to be used in modifying &al permit applications.
Modify final permit forms and the document titled “Technical Report - Opportunistic
Beachfill Criteria and Concept Design” as needed. This effort will include amending
final permit applications to include descriptions of the Carlsbad-by-the-Sea and
Olivenhain projects and required technical analysis (preliminary sediment compatibility
assessment).
Submit amended permit applications for the revised project.
Prepare and submit responses to comment letters from the USACE and Coastal
Commission on the final opportunistic beachfill program permit applications.
Provide follow-up correspondence with the City and regulatory agencies as necessary
to enable the agencies to reach a final decision.
250 West Wardlow Road, P.O. Box 7707, Long Beach, California 90807 (310) 426-9551 Fax (310) 424-7489
These services can be performed for a sum not-to-exceed $10,000, to be billed on a time
and materials basis. We will continue to coordinate our efforts with those of the
consultants on the Lomas Santa Fe project and draw from their experience to help achieve
the objectives of Carlsbad.
Thank you again for allowing us to be of continued assistance to the City. Please call with
any questions or comments regarding this scope.
Very truly yours,
MO@ATT & NICHOL ENGINEERS
es R Walker, Ph.D., P.E.
AMENDMENT NO. 1 TO AN AGREEMENT
FOR CONSULTING SERVICES WITH
MOFFATT & NICHOL, ENGINEERS
THIS AMENDMENT NO. 1 to the agreement with Moffatt & Nichol, Engineers dated December
22, 1994, amends the following:
Revise SECTION 1. CONSULTANT OBLIGATIONS to include the additional following tasks:
A. Sampling of sediment at 8 points (at + 12, +6, 0, -6, -12, -18, -24 and -30 feet relative
to mean lower low water) along two transects perpendicular to shore at the SDG&E and the Buena Vista
Lagoon beach discharge sites. A total of 64 samples will be obtained (2 samples from each point to
provide back-up data).
B. Sieve testing of all sediment samples for grain size and preparation of gradation curves
for each sample.
C. Prepare a report of the data and submit to the City.
Revise SECTION 4. FEES TO BE PAID TO CONSULTANT to read as follows:
The total shall not exceed the fee payable according to Paragraph 6, “Payment of Fees,”
and shall be $45,542. No other compensation for services will be allowed except those items covered
by supplemental agreements per Paragraph 8, “Changes of Work. ” The City reserves the right to
withhold a ten percent (10%) retention until the project has been accepted by the City.
The City Engineer will give allowance for documented and substantial unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by
City inaction or other agencies’ lack of timely action.
Executed by consultant this 7 day of ; 199s. M”,q
MOFFATT & NICHOL ENGINEERS CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(Proper notarial acknowledgement of execution by Consultant must be attached).
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
personally appeared I
NAME(S) OF SIGNER(S)
nally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person.&s)%hose namw is/w
subscribed to the within instrument and ac-
knowledged to me that he/she&q executed
the same in his/h&their authorized
capacityjl&sr and that by his/w
signaturew on the instrument the personas);
or the entity upon behalf of which the
personw acted, executed the instrument.
WITNESS my hand and official seal.
e
SIGNATUR&iF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
TITLE(S)
DESCRIPTION OF ATTACHED DOCUMENT
-4M
TITLE OR TYPE 0
q PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER: q/y/&
/DATt! OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
December 27, 1994
Dr. Craig Everts Moffatt and Nichol, Engineers 250 West Wardlow Road Long Beach, CA 90807
RE: Agreement for Development of an Opportunistic Sand Program
The Carlsbad City Council, at its meeting of December 20, 1994, adopted Resolution No. 94-331 approving a consultant agreement with Moffatt and Nichol, Engineers for the development of an Opportunistic Sand Program.
Enclosed please find a fully executed original agreement and a copy of Resolution No. 94-331 for your files.
ALETHA L. RALJTENKRANZ, CMC City Clerk
ALR:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 l (619) 434-2808 a3
h
AGREEMENT FOR
DEVELOPMENT OF AN
OPPORTUNISTIC SAND PROGRAM
THIS AGREEMENT, made and entered into as of theday of
19&, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as ‘City”, and MOFFATT AND NICHOL, ENGINEERS, hereinafter referred to
as “Consultant”.
RECITALS
City requires the services of Moffatt and Nichol Engineers, to provide the
necessary consulting services for development of an Opportunistic Sand Program; and
Consultant 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 Consultant agree as follows:
1. CONSULTANT’S OBLIGATIONS
In order to analyze the impacts of the City’s Opportunistic Sand Program and in
accordance with CEQA requirements, it is necessary to secure the appropriate permits
and approvals from the following agencies:
. US. Army Corps of Engineers
. California Coastal Commission
. Regional Water Quality Control Board
. California State Lands Commission
Rev. a/24/94
h
Therefore, the following services are requested:
A. Conduct an inventory of existing regulatory agency permits for approved
beach disposal operations and review permitting conditions for applicable requirements
which may be required as part of Carlsbad’s program. This analysis shall include, but
not be limited to, the following projects:
1) San Diego Gas and Electric permits for disposal of dredge material
from the Agua Hedionda Lagoon for the Encina Power Plant.
2) Disposal of dredged material as part of the Batiquitos Lagoon
Enhancement Project.
3) Approved permits for the on-going beach nourishment program at
Moonlight Beach in the City of Encinitas.
4 The U.S. Navy’s programs for disposal of dredge material from San
Diego Bay.
5) Other beach disposal operations currently approved or under review
within the San Diego County region.
B. Compile and review accepted sand grain size criteria from the U.S. Army
Corps of Engineers and the Technical Appendices from the San Diego Association of
Government’s (SANDAG) Shoreline Preservation Strategy.
C. The consultant is required to establish minimum grain size and soil type
criteria in order to define specific parameters to identify material which is compatible with
existing beach sand along Carlsbad’s coastline. The report shall also identify acceptable
chemical composition and testing requirements to ensure compliance with health and
water quality objectives.
D. The consultant is required to evaluate the impacts of a direct disposal
operation on portions of Carlsbad’s coastline and preliminarily analyze the potential
2 Rev. a/24/94
environmental and community impacts of this program on the surrounding natural
resources and existing land uses. The consultant should consider, but not be limited to,
the following issues:
Disoosal Site Criteria
. Equipment Access - truck and loader access to beach . Disposal Operation - develop criteria for disposal operation . Recreational disruption - minimal disruption . Timing - during normal working hours (sound disruption) . Safety - signing and safety personnel
Not withstanding the two sites identified above, the City is interested in
establishing the ability to deposit beach quality material at locations which need
immediate attention. It is the intent of the City to establish permitting authority at any
location along the shoreline within the City boundaries in order to allow deposition of
beach quality material at a location in need of nourishment depending on the physical
conditions of the shoreline.
E. The consultant is required to evaluate the proposed storage site adjacent
to the Buena Vista Lagoon and preliminarily analyze the potential environmental and
community impacts of this program on the surrounding natural resources and existing
land uses. The consultant should consider, but not be limited to, the following issues:
Storaae Site Criteria
. Size - lot size will determine maximum amount of sand storage . Truck Access - street access necessary for delivery truck entrance . Beach Access - proximity to beach for cost efficient disposal . Ownership - use agreements need to be secured . Availability - evaluate property development potential . Visual Impact - proximity to adjacent residential development
3 Rev. a/24/94
-
F. The consultant shall develop an operations manual outlining the process
for the deposition of beach quality material. This manual is intended to outline the
process of proper notification to the responsible agencies as well as describe a method
by which a grading contractor can follow in order to deliver and deposit compatible
beach quality material on the shoreline.
G. The consultant shall prepare an initial Environmental Impact Assessment
Part I and II, on behalf of the City of Carlsbad (no processing fee required), and process
through the City’s Planning Department. The background information to be attached to
the EIA shall evaluate various considerations such as:
. Storage Site Impacts
Vegetation
Critters
Sand blown impacts
Visual
Storage boundaries (walls, berms, coverage)
Truck access impacts
. Disposal Site Impacts
Sealife (Kelp)
Turbidity
Least Terns, Grunion
Safety
Disposal limits
Disposal operation
H. Permitting Agencies Requirements - The consultant shall prepare and
process, on behalf of the City of Carlsbad, the appropriate approvals and permits from
the following regulatory agencies:
. US. Army Corp of Engineers . Regional Water Quality Control Board . California Coastal Commission . California State Lands Commission
4 Rev. a/24/94
I. The consultant should also expect to attend, but not be limited to, the
following meetings:
. One project kick-off meeting . Two meetings with the Beach Erosion Committee . Two Intermediate meetings . Two meetings with each regulatory agency staff . One meeting each with the respective agency Board . One property owner workshops/meeting to be held at a City facility . One Final Report meeting
2. CITY OBLIGATIONS
The City shall provide the following:
A. A copy of the Shoreline Preservation Strategy.
8. Copies of existing topographic mapping.
C. Copies of permits from the Batiquitos Lagoon Enhancement Project and
SDG&E’s maintenance dredging of the Agua Hedionda Lagoon outer
basin.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within one hundred forty (140) days
of that date. Extensions of time may be granted if requested by the Consultant and
agreed to in writing by the Project Manager. The Project Manager will give allowance
for documented and substantiated unforeseeable and unavoidable delays not caused by
a lack of foresight on the part of the Consultant, or delays caused by City inaction or
other agencies’ lack of timely action.
Rev. a/24/94
4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6, “Payment of
Fees,” and shall be $39,542. No other compensation for senrices 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.
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City’s
needs. The parties shall prepare extensions in writing indicating effective date and length
of the extended contract.
6. PAYMENT OF FEES
On the 1st working day of each month, Consultant shall submit his/her invoice for
work performed during the prior month. Payment of approved items on the invoice shall
be mailed to the Consultant prior to the 39th day of the month the invoice was submitted.
7. FINAL SUBMISSIONS
Within fourteen (14) days of completion of the final report and approval of the
permits from the respective regulatory agencies, the Consultant shall deliver to the City
the following items:
Rev. a/24/94
h
A. Ten (10) bound copies of the Final Report.
B. One (1) unbound original set of the Final Report.
C. One (1) proof copy of all maps.
D. Text shall be submitted on computer disk in WordPerfect 6.0 format.
E. The Final Report shall include approved permits and conditions, if any,
from the respective regulatory agencies.
a. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Consultant or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Consultant 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 Consultant to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A supplemental 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 supplemental agreement shall not render ineffective or invalidate
unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any company
or person, other than a bona fide employee working for the Consultant, to solicit or
secure this agreement, and that Consultant 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
7 Rev. a/24/94
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.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City may terminate this contract for nonperformance
by notifying the Consultant by certified mail of the termination of the Consultant. The
Consultant, thereupon, has five (5) working days to deliver said documents owned by
the City and all work in progress to the Project Manager. The Project Manager shall
make a determination of fact based upon the documents delivered to City of the
percentage of work which the Consultant 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.
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
8 Rev. a/24/94
contract, shall be reduced to writing by the principal of the Consultant or the City Project
Manager. A copy of such documented dispute shall be forwarded to both parties
involved along with recommended methods of resolution which would be of benefit to
both parties. The City’s Project Manager or principal receiving the letter shall reply to the
letter along with a recommended method of resolution within ten (10) 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 Cffice 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. SUSPENSION OR TERMINATION OF SERVICES
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 Consultant 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 Consultant 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 shall make the final determination as to the portions of tasks completed and the
compensation to be made.
Rev. a/24/94
h
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s own
way as an independent contractor and in pursuit of Consultant’s independent calling, and
not as an employee of the City. Consultant 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 Consultant to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Consultant is an independent contractor of the City. The payment made to
the Consultant pursuant to the contract shall be the full and complete compensation to
which the Consultant is entitled, The City shall not make any federal or state tax
withholdings on behalf of the Consultant or his/her employees or subcontractors. The
City shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Consultant or his/her employees or subcontractors. The
Consultant agrees to indemnify the City 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 Consultant or any employee or
subcontractor of the Consultant for work done under this agreement.
The Consultant 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.
10 Rev. a/24/94
15. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Consultant 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.
Consultant shall have the right to make one (1) copy of the plans for his/her records.
17. REPRODUCTION RIGHTS
The Consultant 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.
ia. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities,
penalties, fines, or any damage to goods, properties, or effects of any person whatever,
nor for personal injuries or death caused by, or resulting from, any intentional or
negligent acts, errors or omissions of Consultant or Consultant’s agents, employees, or
representatives. Consultant agrees to defend, indemnify, and save free and harmless the
11 Rev. a/24/94
City and its officers and employees against any of the foregoing claims, liabilities,
penalties or fines, including liabilities or claims by reason of alleged defects in any plans
and specifications, and any cost, expense or attorney’s fees which are incurred by the
City on account of any of the foregoing.
19. ASSIGNMENT OF CONTRACT
The Consultant 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 Consultant shall subcontract any of the work to be performed under this
contract by the Consultant, Consultant shall be fully responsible to the City for the acts
and omissions of Consultant’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant is for the acts and omissions of
persons directly employed by Consultant. Nothing contained in this contract shall create
any contractual relationship between any subcontractor of Consultant and the City. The
Consultant shall bind every subcontractor and every subcontractor of a subcontractor by
the terms of this contract applicable to Consultant’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
12 Rev. a/24/94
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 Consultant to any additional
payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, successors, and assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Consultant will not be required to file a conflict
of interest statement as a requirement of this agreement. However, Consultant hereby
acknowledges that Consultant has the legal responsibility for complying with the Political
Reform Act and nothing in this agreement releases Consultant from this responsibility.
13 Rev. a/24/94
26. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance,
automobile liability insurance, and a combined policy of worker’s compensation and
employers liability insurance from an insurance company authorized to do business in
the State of California which meets the requirements of City Council Resolution No.
91-403 in an insurable amount of not less than one million dollars ($l,OOO,OOO) each,
unless a lower amount is approved by the City Attorney or the City Manager. This
insurance shall be in force during the life of this agreement and shall not be canceled
without thirty (30) days prior written notice to the City sent by certified mail.
. . .
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14 Rev. a/24/94
--
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
.
before me, % 2 w &i-E NAME, TITLE OF 0FFICER~E.G.. “JANE DOE, NOTARY PUBLIC
9
personally appeared 7 A&L . #422&.?.
d
/NAME(S) OF SIGNER(S)
E -/sbAL-G ,
personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) iware
subscribed to the within instrument and ac-
knowledged to me that -h&&e/they executed
the same in k)sfker/their authorized
capacity(ies), and that by -#a&-er/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal. . 7 &i!+&w&
SlGNATlhE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
OFFICE=
TITLE OR TYP&%F DOCUMENT
[7 PARTNER(S) LIMITED
0 GENERAL 15
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR q OTHER: A-u, c$vy
DATE 0~ DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) -3-‘-hJhdW
SIGNER(S) OTHER THAtiNAMED ABO
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
I .
The City shall be named as an additional insured on these policies. The
Consultant shall furnish certificates of insurance to the City before commencement of
work.
Executed by Consultant this /fl day of .&%Vti~ 8 19r
CONSULTANT:
v
ENGINEERS
(name of Consultant)
CITY OF CARLSBAD, a municipal
(sign here)
TIMOTHY J.RELLAFORD
WALTERE.EURTIENNE
Mayor
ATTEST:
(print name here)
VICE-PRESIDENT SECRETARY (title and organization of signatory) ALETHA L. RAUTENKRANZ
City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT 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
City Attorney
Deputy City Attorney 8 L*wb 4*.
15 Rev. 8/24/94