HomeMy WebLinkAboutRBF Consulting; 2003-04-02;AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
(RBF Consulting)
This Amendment No. 2 is entered into and effective as of the a( /z day of
, 2004, amending the agreement dated April 2, 2003 (the “Agreement”)
by and between the City of Carlsbad Redevelopment Agency, a body corporate and politic,
(“City”), and RBF Consulting, a California Corporation, (“Contractor”) (collectively, the “Parties”)
for land use planning and standards development and/or design services for preparation of a
Land Use Strategy and Vision Statement for Planning Area 3 (“Ponto Area”) of the South
Carlsbad Coastal Redevelopment Area.
RECITALS
A. The Parties desire to alter the Agreement’s scope of work to provide for additional
professional services for environmental review of the Draft Ponto Beachfront Village Vision Plan
for the South Carlsbad Coastal Redevelopment Area; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit “A“, Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have
been amended from time to time, Contractor will provide those services described in Exhibit “A”.
2. City will pay Contractor for all work associated with those services
described in Exhibit “A on a time and materials basis not-to-exceed ten thousand dollars
($1 0,000). Contractor will 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.
3. Contractor will complete all work described in Exhibit “A” by no later than
April 1, 2005.
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. The individuals executing this Amendment and the instruments referenced
in it on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
1
City Attorney Approved Version #05.22.01
CONTRACTOR CITY OF CARLSBAD REDEVELOPMENT AGENCY, a
body corporate and politic
(sign he re',
re. l/?
Executive Director
1- ( p ri n t nam'elt i t I e)
ATTEST:
f--:r/#k CIA 5/h 62 44- corn
(e-mail address)
-r **By: RAYMOND PATCHETT, Secretary
(si g n h e re)
(print nameltitle)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, t,,e corporation must attach a resc,Jtion certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
y City Attorney z
REV. 09/28/2004
. ..
EXHIBIT “A”
SCOPE OF SERVICES AND FEE
September 17, 2004
Revised September 27,2004
JN 25-101483.999
Ms. Debbie Fountain
Director
City of Carlsbad
Department of Housing and Redevelopment
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389
Subject: Proposal for Initial Study/Environmental Checklist Preparation for General Plan
Amendment - Ponto Beachfront Village Vision Plan, City of Carlsbad.
Dear Ms. Fountain:
RBF Consulting (RBF) is pleased to submit this proposal to prepare an Initial StudyEnvironmental
Checklist for the proposed Ponto Beachfront Village Vision Plan area. As you are aware, RBF is familiar
with this project, as we prepared the Ponto Beachfront Village Vision Plan for the City of Carlsbad. The
project site is located along the east side of Carlsbad Boulevard and across from South Carlsbad State
Beach and Campground in the City of Carlsbad, California. Implementation of the Ponto Beachfront
Village Vision Plan will ultimately require approval of a General Plan Amendment (GPA) to the City’s
General Plan to allow for consistency between the General Plan and land uses envisioned for the Ponto
area. The GPA process will require preparation of an Initial Study and Environmental Checklist to assess
potential environmental impacts of the project. The attached scope of services reflects our review of
available project information and the tasks required to complete the Initial StudyEnvironmental Checklist.
The RBF Team offers the following benefits for your consideration:
Experienced Project Manager and Staffing: The RBF Team, led by Alex
Jewell, AICP, will work closely with City Staff to expedite the process and will
oversee the preparation of the Initial Study/Environmental Checklist. Key staffing
for the project includes Mr. Jewell as Project Manager and Nicole Marotz as
environmental analyst.
Knowledge and Experience in the Area: RBF recently completed preparation
of the Ponto Beachfront Village Vision Plan in coordination with the City of
Carlsbad and is therefore familiar with the project and the environmental issues
and/or constraints that ultimately affected the conceptual design of the Plan. In
addition, RBF has prepared numerous environmental documents and technical
reports for a wide range of projects in the City of Carlsbad.
Efficient Team Effort: RBF has extensive experience in preparing legally
defensible CEQA documentation for numerous projects both in Carlsbad and
other jurisdictions throughout California. In addition, RBF has completed a
number of studies for the City, many of which have been on accelerated
sched u I es.
We welcome the opportunity to discuss this proposal with you. Please let us know if there are opportunities
to adjust the schedule to meet your needs. RBF appreciates the opportunity to once again provide
consulting services to the City of Carlsbad on the Ponto project, and staffing is available to complete the
work effort, as scheduled. If you have any questions regarding the attached scoping information, please call
me at (858) 614-5085.
Sincerely,
Alex Jewell, AICP
Environmental Project Manager
H:WDATAVS 101483Wojrct Info\Sco~\1483proO1 doc
PROPOSAL FOR CONSULTING SERVICES
ENVIRONMENTAL ANALYSIS
FOR THE PROPOSED
PONTO BEACHFRONT VILLAGE VISION PLAN
CARLSBAD, CALIFORNIA
Submitted to:
CITY OF CARLSBAD
Submitted by:
RBF CONSULTING
September 17,2004
Revised September 27,2004
' TABLE OF CONTENTS
I . Project Description .............................................................................................................. 1
II . Scope of Work .................................................................................................................... 1
1 . 0 Project Kick-Off and Project Description ................................................................ 2
2.0
3.0 Initial Study/Environmental Checklist ...................................................................... 2
3.1 Introduction ................................................................................................. 2
3.2 Environmental Checklist ............................................................................. 2
3.3 Environmental Analysis ............................................................................... 3
3.4 Inventory of Mitigation Measures ................................................................ 3
3.5 Determination .............................................................................................. 3
5.0 Draft Initial Study ..................................................................................................... 4
6.0 Final Initial Study ..................................................................................................... 4
7.0 Mitigation Monitoring Program ................................................................................ 4
8.0
9.0 Reimbursable Expenses ......................................................................................... 4
Research and Investigation .................................................................................... 2
4.0 Graphic Exhibits ...................................................................................................... 3
Project Coordination and Meeting Attendance ....................................................... 4
Ill . Preliminary Project Schedule .............................................................................................. 5
IV . Budget ................................................................................................................................. 6
.
City of Carlsbad
Proposal for Initial Study/Eiivironmental Checklist
ATTACHMENT NO. 1
PONTO BEACHFRONT VILLAGE VISION PLAN
INITIAL STUDYLENVIRONMENTAL CHECKLIST
WORK PLAN
I. PROJECT DESCRIPTION
The project involves preparation of an Initial Study and Environmental Checklist associated with the Ponto
Beachfront Village Vision Plan, which has been prepared to provide guidance for future development in
the Ponto area, located in the City of Carlsbad, California. The project is bounded by Carlsbad Boulevard
to the west, Poinsettia Lane to the north, the San Diego Northern Railroad to the east and La Costa Avenue
to the south. The Plan provides a vision for development of the approximately 130-acre site (with an
approximate 50-acre area that is viable for development), calling for a mixed-use, pedestrian- and bicycle-
oriented development offering restaurants, retail stores, plazas, townhomes and mixed-use residential uses,
as well as recreational uses and other features.
Implementation of the Ponto Beachfront Village Vision Plan will ultimately require approval of a General
Plan Amendment (GPA) to the City’s General Plan to allow for consistency between the General Plan and
land uses envisioned for the Ponto area. The General Plan Amendment will also designate Ponto as an area
of “Special Planning Consideration” to be developed under the guidance of the Ponto Beachfront Village
Vision Plan. The GPA process will require preparation of an Initial Study and Environmental Checklist to
assess potential environmental impacts of the project. The attached scope of services reflects our review of
available project information and the tasks required to complete the Initial StudyEnvironmental Checklist
in order to assess the potential environmental impacts associated with the project. Therefore, the following
scope of services reflects the work program for RBF Consulting (RBF) to prepare an Initial
StudyEnvironmental Checklist for the Ponto Beachfront Village Vision Plan project.
11. SCOPE OF WORK
RBF=s work program will include a review of available documentation applicable to the project area, as
well as review of the Ponto Beachfront Village Vision Plan. The analysis will also consider prior
environmental documentation prepared for the project area and will utilize relevant data and information
from the City of Carlsbad General Plan and the South Carlsbad Coastal Redevelopment Area Project. It is
our understanding that the City will be responsible for the Notice of Intent and Negative Declaration form.
The following Scope of Work has been prepared pursuant to information
provided by the City and RBF’s involvement in preparing the Ponto Beachfront Village
Vision Plan. The cost estimate, which is itemized according to task and issue, is
included on page 6.
September 17, 2004 Page I
City of Carlsbad
Proposal for Initial StLtdy/Environmental Checklist
1.0 PROJECT KICK-OFF AND PROJECT DESCRIPTION
Based upon information included in the Ponto Beachfront Village Vision Plan and other
supporting documentation prepared to date for the surrounding development areas, if applicable,
RBF will draft a preliminary project description for review and approval by City staff.
2.0 RESEARCH AND INVESTIGATION
RBF will evaluate the necessary information with respect to the proposed project to prepare the
Initial S tudyEnvironmenta1 Checklist. As appropriate, project research will include coordination
with the City to acquire and review relevant environmental data and technical studies prepared for
the area as well as any other available files, exhibits, maps and reference documents. The initial
investigation will also include review of existing land uses and environmental conditions for both
on-site and surrounding lands.
3.0 INITIAL STUDY/ENVIRONMENTAL CHECKLIST
RBF will prepare an Initial Study in accordance with the City’s Initial Study Checklist form and/or
the most recent Environmental Checklist Form, as amended in the CEQA Guidelines. The Initial
StudyEnvironmental Checklist will include detailed explanations of all checklist determinations
and discussions of potential environmental impacts. The analysis shall be in accordance with
Sections 15063, 15162, 15167 and 15168 of the CEQA Guidelines. The Initial
StudyEnvironmental Checklist document will include the sections identified below.
3.1 INTRODUCTION
This section will cite the environmental review requirements of the project, pursuant to
CEQA and the City guidelines. The Introduction will include the project location,
environmental setting, existing uses on-site and in the vicinity, the Project Description,
Project Phasing, relevant background/history information for the site and General Plan and
zoning requirements.
3.2 ENVIRONMENTAL CHECKLIST
This section is modeled after the City’s Environmental Checklist Form, provided
to RBF by the City, and will include a summary page of project information,
followed by an explanation of factors considered for potential impacts. The
comprehensive Ponto Vision Plan Initial Study/Environmental Checklist will be
presented in a four column layout, identifying: 1 ) Potentially Significant Impacts,
2) Less Than Significant Impacts With Mitigation Incorporated, 3) Less than
Significant Impacts, and 4) No Impacts. The section will provide a listing of
documentation that will be Incorporated by Reference and notations for all
references utilized for the determination.
September 17, 2004 Page 2
City of Carlsbad
Proposal for Initial Study/Environmental Checklist
3.3 ENVIRONMENTAL ANALYSIS
The Environmental Analysis sections will provide vital supporting information for
the conclusions rendered for the Environmental Checklist. This section will review
the following issues:
Aesthetics: Lighting and visual impacts to surrounding uses.
Agriculture Resources: Impacts to agricultural resources.
Air Quality: Emission impacts in consideration of San Diego Air Pollution
Control District thresholds.
Biological Resources: Impacts to biological resources.
Cultural Resources: Impacts to archaeological and historical resources.
GeoZogy/Soils: Seismicity, soils and erosion potential.
Hazards & Hazardous Materials: Hazardous substances and emergency access.
HydroZogy/Water Quality: Drainage, downstream impacts and groundwater
quality.
Land Use/Planning: Addressing existing policies, consistency and compatibility.
Mineral Resources: Impacts to mineral resources.
Noise: On and off-site noise levels in consideration of nearby sensitive receptors.
Populatiodffousing: Comparison with local projections and potential for growth
inducement.
Public Services: Police, fire and school impacts.
Recreation: Impacts on recreational facilities.
Transportatioflrafic: Generation rates, capacity thresholds and access.
Utilities/Service Systems: Electricity, solid waste, water and wastewater systems.
Mandatory Findings of Signzfzcarzce: Focused on cumulative impacts.
3.4 INVENTORY OF MITIGATION MEASURES
If mitigation measures are identified in Section 3.3, this Section will provide a listing of
the mitigation requirements.
3.5 DETERMINATION
The determination page will conclude the appropriate action based upon
the environmental analysis.
4.0 GRAPHIC EXHIBITS
The environmental document will include a maximum of four (4) exhibits to
enhance the written text and clarify the Project and potential environmental
impacts. Exhibits are anticipated to include: Regional Vicinity Map, Site
Vicinity Map, Site Photographs and Land Use Plan. All exhibits will be in
black and white format. Exhibits will be provided by City Staff to RBF.
September 17, 2004 Page 3
City of Carlsbad
Proposal for Initial Study/Environmental Checklist
5.0 DRAFT INITIAL STUDY
RBF will submit one copy of the Draft Initial Study for review and comment by the City.
Should additional copies be required, additional copies will be provided by RBF at an
additional fee. RBF will also submit one (1) Acheck copy@ of the final draft document
which will incorporate one complete set of comments received from the City.
Deliverables: $ One copy of the Draft Initial Study
$
$
$
One electronic copy of the Draft Initial Study
One copy of revised Draft Initial Study
One electronic copy of revised Draft Initial Study
6.0 FINAL INITIAL STUDY
RBF will submit one camera-ready copy of the Final Initial Study to the City. Should
additional copies be required, additional copies will be provided by RBF at an additional
fee.
Deliverables: $ One camera-ready copy of the Final Initial Study
$ One electronic copy of the Final Initial Study
7.0 MITIGATION MONITORING PROGRAM
Because no physical development is associated with this project, it is not anticipated that a
Mitigation Reporting program will be required.
8.0 REIMBURSABLE EXPENSES
Anticipated reimbursable items include the following (as necessary): document printing
and binding, photographic prints and mileage ($0.50/mile) to meet with City staff. RBF
has provided a budget for reimbursable expenses.
OPTIONAL TASKS
9.0 MEETING ATTENDANCE
RBF attendance at public hearing can be accommodated as an optional task. The number of
meetings and amount of time can be negotiated with City staff at the time of the hearings.
September 17, 2004 Page 4
City of Carlsbad
Proposal for initial Stud~/Ei~vironmental Checklist
ATTACHMENT NO. 2
PONTO BEACHFRONT VILLAGE VISION PLAN
INITIAL STUDY/ENVIRONMENTAL CHECKLIST
PRELIMINARY SCHEDULE
111. PRELIMINARY PROJECT SCHEDULE
The following schedule is preliminary in nature and would be revised to meet both the applicant=s and the
City=s desired timeline at the Project Kick-Off Meeting (Task 1.0).
Consultants Authorized to Begin Work
Draft Initial Study to City Staff
Draft Initial Study Returned to Consultant
Final Initial Study Submitted to City
City Review of Final Initial Study
Public Review Period
Planning Commission Hearing
City Council Hearing
September 27, 2004
October 11,2004
October 18,2004
October 25, 2004
October 25-November 1,2004
November 4 - December 6,2004
January 11,2004
February 8,2005
September 17, 2004 Page 5
City of Carlsbad
Proposal for Initial Study/Environrnental Checklist
ATTACHMENT NO. 3
PONTO BEACHFRONT VILLAGE VISION PLAN PROJECT
INITIAL STUDY/ENVIRONMENTAL CHECKLIST
BUDGET ESTIMATE
IV. BUDGET
Budget Task -
1 .o
2.0
3.0
4.0
5.0
6.0
7.0
8.0
Project Kick-Offproject Description
Research and Investigation
Initial Study /Env ironmental Checklist
Graphic Exhibits
Draft Initial Study
Final Initial Study
Mitigation Monitoring
Reimbursable Expenses
$250
$400
$5,000
$150
$1,000
$800
$0
$300
TOTAL $7,900
Optional Task
9.0 Meeting Attendance TBD
Notes and Assumptions:
Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for
the billing period. The Client shall make every reasonable effort to review invoices within fifteen (15) working days
from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be
correct.
The fees proposed herein shall apply until March 31, 2005. Due to annual increases in costs associated with
inflation, staff wage increases and increases in direct costs, Consultant may increase those portions of the contract
fee for which work must still be completed after March 3 1, 2005, by ten percent (10%). Deviations or modifications
from the Scope of Work will result in potential re-evaluation of the associated fees. Items not specifically stated in
the proposal will be considered an additional work item.
City Attorney Approved Version # 05.22.01
6
City of Carlsbad
Proposal for Initial Stiidy/Etivironmenlal Checklist
Consultant assumes that all plans and other products not currently available through Consultant’s completed work on
the Ponto Beachfront Village Vision Plan (such as Ems and technical studies prepared for adjacent development, the
City’s General Plan EIR and other relevant documentation) will be provided to RBF by the City.
City Attorney Approved Version # 05.22.01
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
(RBF Consulting)
THIS AGREEMENT is made and entered into as of the 64 UB day of
REDEgLkLMENT AGENCY, a body corporate and politic, ("City"), and RBF
CONSULTING, a California Corporation, ("Contractor").
L 2003, by and between the CITY OF CARLSBAD
RECITALS
A. City requires the professional services of a land planning and design
consultant contractor that is experienced in providing the necessary land use planning
and standards development and/or design services for preparation of a Land Use
Strategy and Vision Statement for Planning Area 3 ("Ponto Area") of the South
Carlsbad Coastal Redevelopment Area.
B. Contractor has the necessary experience in providing professional
services and advice related to preparation of the desired Land Use Strategy and Vision
Statement for the subject area.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit 'A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date
first above written.-The City Manager may amend the Agreement to extend it for one (1)
additional one (1) year periods or parts thereof in an amount not to exceed fifty
thousand dollars ($50,000) per Agreement year. Extensions will be based upon a
satisfactory review of Contractor's performance, City needs, and appropriation of funds
by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
City Attorney Approved Version #04.01.02
1
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be one hundred seventy six thousand two hundred nine dollars ($176,209). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent
(1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify. City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
City Attorney Approved Version #04.01.02
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused 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.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and anv 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 services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will 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-:VI'.
10.1 Coveraaes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemn'ification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv 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 will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3 City Attorney Approved Version #04.01.02
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
City Attorney Approved Version #04.01.02
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant‘ to this Agreement-is the property of City. In the -event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors .pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv: For Contractor:
Debbie Fountain Jeff Barfield
Housing and Redevelopment Director
Housing and Redevelopment Dept
City of Carlsbad
2965 Roosevelt Street, Suite B
Carlsbad, Ca. 92008
Vice President, Planning
RBF Consulting
9755 Clairemont Mesa Blvd, Suite 100
San Diego, Ca. 92124
(858) 61 4-5000
(760) 434-281 5
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
City Attorney Approved Version #04.01.02 5
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor’s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #04.01.02
6
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination] Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicitor 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, City will 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 the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
.-
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
City Attorney Approved Version #04.01.02 7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
)3$ersonally known to me
C proved to me on the basis of satisfactory
evidence
to be the person@ whose name@ idare
subscribed to the within instrument and
acknowledged to me thatfekhdthey executed
the same in iI#her/their authorized
capacity(&, and that by 4+&+m/their
signaturQ) on the instrument the personk), or
the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS mv.hand and official seal. .
Signature‘of Notary aic
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: @-;.tv 04 eAmwb @OFJTwT reuM ‘ +
Document Date: MIA Number of Pages: 10 e I4
Signer@) Other Than Named Above:
A\d.
f
Capacitym Claimed by Signer
Signer’s Name: 21 &d A - ’ 5 e cf c4y 814.r
Individual
0 Corporate Officer - Title@):
0 Partner - D Limited C General
0 Attorney-in-Fact 0 Trustee
0 Guardian or Conservator
%Other: 5r . vl f0 pfCs;den* Gn d \ILL*
Signer Is Representing: KB f co fix ULT 1 a 6
0 1999 National Notary Association * 9350 De Sot0 he., P.O. Box 2402 Chatsworfh. CA 91 31 3-2402 - www natlonalnotary.org Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6327
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors, Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
(sign here)
CARLSBAD
ATTEST:
RAY PATCHETT, Secretary
City Attorney Approved Version #04.01.02
8
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President] or
Vice-president
**Group B.
Secretary]
Assistant Secretary]
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
City Attorney -
City Attorney Approved Version #04.01.02
9
EXHIBIT “A”
SCOPE OF SERVICES
See attached Scope of Services and Fee Summary.
City Attorney Approved Version #04.01.02
10
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
PHASE I INITIAL RESEARCH AND PROJECT BASE MAPPING
TASK 1 .O Project Background and Research
Task 1.1 Tour of Ponto Area
The RBF Team will tour the entire project area and surrounding
community. RBF will pay particular note to unique features; land use;
streetscape and public space opportunities; pedestrian, bicycle, and
transit linkages, traffic calming opportunities and circulation alternatives;
and view corridors. Using digital camera technology, photographs will be
taken of key items for presentation and discussion at future workshops
and council meetings.
Task 1.2 Staff Kick-Off Meeting / Interview Summaries
The RBF Team will meet for up to one day with City Staff to discuss the
project and the results the City would like to see. Participants will include the
department heads and representatives from planning department, public
works, parks and recreation, and other departments as deemed appropriate,
among others.
A key component of this meeting will be to review and record the results
of interviews held to date between city staff and stakeholders, including
but not limited to: City Staff, Property owners, Neighborhood and
Homeowner Associations, State Park Staff , Coastal Commission Staff,
etc.
Task 1.3 Review and collect existing information and data
RBF staff shall conduct investigations and become familiar with existing
land use regulations including general plan, local coastal program and
zoning as well as all pertinent regulatory plans and documents affecting
development potential of the Specific Plan area.
Assumptions:
City Staff will assist in arranging access and retrieval of applicable
plans and studies
The RBF Team will review all available plans, documents, and studies
that affect the Ponto area, including the Keyser Marston marketing study
and the technical studies prepared by the RBF Team as part of this
project. Pertinent documents at the local, regional, and state level will
Revised Proposal 100964
March 10,2003 1
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
also be reviewed. The City will provide copies of documents, as
appropriate.
TASK 2.0 Project Base Map and Basic Infrastructure / Site
Constraints
RBF shall prepare an electronic base map for the Ponto Plan area and its
environs, within 100 feet of the project site. The base map will be scaled
at 1 inch = 100 feet, and will include the following information from readily
available record sources. The City will provide RBF with any available
' digital maps and electronic data prior to beginning Phase II in order that
sufficient project-specific maps and graphics can be generated for use in
workshop presentations.
To prepare the base map, RBF shall perform research and investigation
of existing record data at the City of Carlsbad and County of San Diego
as well as other public agencies as deemed appropriate.
This base map shall be utilized by all disciplines preparing studies for the
Ponto Area Plan. Constraints and opportunities information generated by
baseline and inventory studies shall be incorporated onto the base map
as appropriate, in addition to topography and existing overhead and
underground utilities.
Assumptions:
Topographic mapping and property/ parcel information is available
Current and potential capacity availability of infrastructure are not
from city sources
included
Task 2 Deliverables:
One (1) Final Base Map, with constraints and opportunities.
PHASE II. TECHNICAL STUDIES
TASK 3.0 Underground Utility Relocation Study
RBF Team shall prepare a study analyzing the engineering feasibility
associated with relocating a portion of the underground utilities (electrical,
water, sewer, and dry utilities) existing in the area. The purpose of this
study would be to evaluate how a utility relocation affects the potential
realignment of Carlsbad Boulevard as a means of increasing the
development potential of reclaimed land. These utilities may need to be
relocated in order to facilitate potential development.
Revised Proposal 100964
March 10,2003 2
CON-ULTINO
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
Task 3 Deliverables:
One (1) Final written Report on findings of Underground Utility
Relocation Study.
TASK 4.0 Carlsbad Boulevard Realignment Study
Preliminary layout of alternative realignments of Carlsbad Boulevard will
be prepared at a scale of 1 inch = 100 feet. Plans will show horizontal
alignment, vertical profile, grading, median configurations, proposed right-
of-way acquisitions and impacts to utilities, adjacent developments and
other existing offsite improvements for two alternative realignments.
The units of the analysis will be from Ponto Drive to Batiquitos Lagoon
Bridge. It will include recommendations on existing and proposed utilities
based upon the Underground Utility Relocation Study. The study will be
performed in accordance with City of Carlsbad standards and will include
an assessment of:
Design Criteria
Minimum Lane Widths
Parkway Improvements
Lane Geometry
Turn Pocket Geometry
Traffic Operations
Land Use Compatibility and Access
Right-of-way Acquisitions
Mitigation of Existing Deficiencies
A preliminary estimate of construction quantities and costs will be
prepared for the two alternative realignments.
Task 4 Deliverables:
One (1) Final Plan indicating layout of alternative realignments of
Carlsbad Boulevard.
One (1) written report on preliminary estimate of construction
quantities and costs for two alternative realignments.
TASK 5.0 Traffic Impact Report
RBF will prepare a traffic impact analysis report supporting the Ponto
Area Land Use Study (Phase 111). The purpose of the analysis will be to
summarize existing conditions, integrate study of the proposed
~ ~~~~~
Revised Proposal 100964 March 10,2003 3
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
realignment of Carlsbad Boulevard, and to assess the level of future road
and intersection improvements necessary to support the ultimate
development of the Ponto Area as envisioned by the Land Use Study. It
is intended that portions of this task shall be conducted within Phase I1 as
part of developing the land use strategy. Traffic analysis for the selected
land use concept will be completed in Phase Ill. The following scope of
work outlines our work plan.
Existina Conditions
RBF will document all existing roadway and intersection conditions within
the Ponto Study area. RBF will conduct a field review of the site,
collecting specific information, including:
0 Lane Widths
Bicycle Lanes
0 On-Street Parking
0 Traffic Signal Operations and Timing
Bus Routes
0 Any special traffic control measures that may effect traffic flow
RBF will request the intersection record drawings and traffic signal timing
sheets for all existing intersections.
RBF will research the City Growth Management Plan traffic count data to
determine if traffic count data is available within the study corridor. Peak
hour and daily traffic counts are collected by the City on an annual basis
through this program in August every year.
Study locations to be evaluated in the traffic study will be identified using
two criteria:
a. City LFMP requirements - All roadway segments and intersections
where 20% or more of the project generated trips are forecast to be
added to the existing or future condition will be evaluated.
b. SANDAG/SANTEC/ITE requirements - All roadway segments and
intersections where 50 or more project aenerated trim are forecast to
be added to the existing or future condition will be evaluated.
Proiect ImDacts Analysis
The traffic impact analysis report and level of service analysis will be
prepared in accordance with the SANTEC/ITE Guidelines for the Traffic
Impact Studies in the San Diego Region, dated March 2, 2000. The
Revised Proposal 100964
March 10,2003 4 P=
EDNBULTINQ
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
following steps will be taken to determine the forecast project related
impacts:
Trip generation. After the project land uses are identified, RBF will review
the traffic model to ensure that the appropriate land uses are reflected in
the traffic analysis zone and that all connections to the traffic analysis
zone from the roadway network are appropriately represented. RBF will
work with SANDAG to update the traffic model and conduct the
necessary traffic model analyses.
Trip Distribution. A select zone analysis run will be conducted using the
traffic model to determine the distribution of project trips on the roadway
network. Because of the size of the proposed project, manual distribution
of project trips is neither appropriate or recommended. The select zone
analysis run will be used to determine the percent distribution of trips from
the project site to surrounding communities. If the select zone analysis
shows that over 150 peak hour trips are added to Interstate 5, a freeway
analysis will be required.
Trip generation rates for the project site will be determined based on the
SANDAG “Not so Brief Guide”, dated April, 2002. RBF will work with City
staff to ensure that the appropriate’designations for the identified land use
are selected prior to inclusion in the traffic study. If the project is
determined to evolve in a series of phases, RBF will prepare a phased
analysis of the project. Phasing could be linked to land use, access
and/or realignment of Carlsbad Boulevard.
Level of Service Analvsis
Roadway and intersection level of service analysis will be calculated for
the following study scenarios:
Existing Conditions
0 Near-Term Conditions, including any identified phasing of the
proposed project
0 Future Conditions
Consistent with the County CMP and the City’s Growth Management
plan, intersections will be evaluated using both the Highway Capacity
Manual (HCM) and Intersection Capacity Utilization (ICU), where
appropriate. Only intersections and roadway segments along regionally
significant arterials (RSA’s) will be evaluated using the HCM
methodology.
Revised Proposal 100964
March 10,2003 5
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
Future traffic volumes will be modeled for the year 2030 using the
updated Carlsbad Sub-area model expected to be completed late 2002,
early 2003.
Sianificant ImDact Identification
Based on the level of service analysis, potential project related significant
impacts will be identified. According to SANTECATE guidelines, a project
is said to significantly impact an intersection or roadway segment if:
1. The addition of the project generated trips results in a change from
acceptable to unacceptable, or
2. If the study location is currently deficient, then an increase in delay of
2.0 seconds or greater or a change in the volume to capacity ratio of
0.02 or more is considered significant.
Summary and Conclusions
RBF will submit a draft of this report to the City for review prior to
submitting the final report. Our project team will meet with the City to
review their comments.
All comments within the context of the scope of work will be included in
the final draft. This report will include analysis of the study locations
consistent with both the City’s Growth Management Plan and the County
Congestion Management Plan.
Task 5.0 Deliverables:
0 One (1 ) draft Traffic Impact Report
0 One (1 ) Final Traffic Impact Report (completed in Phase Ill)
TASK 6.0 Geology/Soils Investigation
The RBF Team’s Geotechnical consultant shall perform the following
work in the earliest phase of the project, so that this information can be
incorporated into the OpportunitiedConstraints phase of the Ponto Area
Plan process.
The consultant shall review the available soils and geology related data
pertinent to the potential relocation of Carlsbad Boulevard and
identification of any significant constraint to the planned development of
the study area.
The Consultant shall provide a bluff retreat analysis along the west side of
Carlsbad Boulevard, as well as on the east side in the vicinity of the
Revised Proposal 100964 March 10,2003 6 m...
CONSULTINQ
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
Batiquitos Lagoon Bridge. The Consultant shall prepare an analysis of
groundwater conditions and shall recommend criteria for any required
remedial grading.
Task 6.0 Deliverables
One (1) Final geologic map that shows existing geology, slopes,
and bluff conditions.
Task 7.0 Biological Resource Inventory
Recon will prepare a Biological Resources Inventory and a Wetlands
Delineation Report. The purpose of these studies will be to provide basic
site constraints data that could have significant impact on the ultimate
development plan for the Ponto Area.
Existing Conditions/Constraints
Records Search. Recon will conduct a search of the records of the California Natural Diversity Data Base (California Department of Fish and Game) and the -California Native Plant Society to determine what sensitive species have been reported from the vicinity of the project.
Biological Resources Survey. Recon will conduct a biological resources survey of the 128-acre project area, including a botanical survey of the property to search for sensitive plant species and a zoological survey to search for sensitive animal species that are apparent at the time of the
survey.
Map On-Site Plant Communities. Following the biological resources
survey, Recon will prepare a map showing natural plant communities,
areas that could be under the jurisdiction of the U.S. Army Corps of
Engineers andor the California Department of Fish and Game as
wetlands or waters of the U.S., the observed locations of sensitive
species, and habitat for sensitive species. Biologically sensitive areas
that could pose constraints to development will be outlined on the map.
Record On-Site Resources. Recon will record any inventoried biological
resources located during the survey and comply with the reporting
requirements of the Natural Diversity Data Base.
Constraints Report. Recon will prepare a constraints report that describes biological resources occurring on the property, potential constraints posed by those resources, possible impacts of the development on the biological resources, and probable mitigation measures.
Revised Proposal 100964 March 10,2003 7
CDNSULTINQ
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
ldentification of Additional Studies. Recon will identify additional studies that may be required, such as directed searches for particular sensitive species. These and any other special studies would only be conducted with additional authorization from the client. The costs for these studies are not included in the fee submitted as part of this proposal.
Bioloaical Summaw ReDort
Following completion of the tasks above, Recon will prepare a biological summary report that describes biological resources occurring on the property, assesses the impact of the proposed development on the
biological resources, and discusses mitigation measures, if necessary.
Wetland Delineation
Recon will conduct a wetland delineation according to guidelines set forth by the 1987 U.S. Army Corps of Engineers (USACE), as currently required by the USACE and accepted by the California Department of
Fish and Game. Next, Recon will analyze the results of the delineation to
determine the extent of jurisdictional wetlands and waters of the U.S. on
the property. This task will be concluded with the preparation of a
wetland delineation report that illustrates and discusses the condition of
the jurisdictional areas. If appropriate, impacts and mitigation measures
will be discussed in the report.
Task 7 Deliverables:
0 ' One (1) Final Biological Summary Report
0 One (1 ) Final Wetland Delineation Report
Task 8.0 Cultural Resources Inventory
Recon will review known information about cultural and paleontological
resources which could potentially affect the development potential of the
Ponto Area.
Existinq Conditions
Records Search. Recon will conduct record searches at the South
Coastal Information Center (SCIC) and the San Diego Museum of Man
(SDMM).
Map Research. Recon will research historic maps and aerial photographs at the San Diego County Survey Records Department.
Field Survey. Recon will conduct an on foot field survey of the
approximately 128-acre property to identify historic and prehistoric
cultural resources.
Revised Proposal 100964
March 10,2003 8
CONSULTINO
Land Use Strategy
and Vision Statement for the Ponto Area of the SCCRA
Scope of Work
Record Discovered Sites
Following the completion of tasks above, Recon will record discovered sites with SClC and SDMM, if necessary.
Summarv ReDort
Recon will document the results of the research and field survey in a
summary report, which describes historic and prehistoric resources on the project site and includes recommendations for further investigations, if
necessary.
Task 8 Deliverables:
One (1 ) Final Summary Report on Cultural/Paleontological
Resources
PHASE 111. LAND USE STUDY AND VISION STATEMENT
Task 9.0 Draft Development Concepts and Review and Input
Task 9.1 Prepare Preliminary Recommendations with
RBF shall prepare preliminary recommendations for the land use and
development guidelines, based on a synthesis of the technical studies
and our observations and best professional recommendations.
Alternatives
Task 9.2 Meeting with City Staff
RBF will meet with City Staff to make a power-point based presentation to
provide information on the existing conditions in the Ponto Area, and to
review the results of the various studies addressing major opportunities
and constraints. RBF will present preliminary recommendations for the
land use and development guidelines, based on a synthesis of the
technical studies and our observations and best professional
recommendations. RBF will obtain feedbaddinput from City Staff and
revise/adjust the presentation accordingly.
Task 9.3 Special Workshop with Property Owners
RBF will facilitate a workshop with the Ponto Area Property Owners
and/or their agents or representatives. A Powerpoint-based presentation
will give participants a "virtual tour" of the Ponto area and will present
existing conditions, and review the results of studies addressing major
opportunities and constraints.
Revised Proposal 100964 March 10,2003 9
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
RBF will present preliminary recommendations for land use and
development design guidelines, based on a synthesis of the technical
studies and our observations and best professional recommendations.
RBF will obtain feedbacwinput from the property owners on the
information presented during the workshop. This information will be
summarized for consideration as the vision for the area and other matters
are further refined.
Task 9 Deliverables:
One (1) Power Point Presentation for Staff Meeting and Property
One (1 ) Summary of Property Owner commentdinput
Owner Workshop (provide on CD)
Task 10.0 Land Use Visioning Report and Vision Poster
Task 10.1 Land Use Visioning Report
The results of the Land Use Study and Visioning Process will be presented in a
written, narrative report. The report will contain the following detailed information:
Proposed Land Uses or Land Use Theme Districts
Proposed alignment for Carlsbad Boulevard
Proposed Streetscape Concept
Proposed New Public Spaces or Parks
Proposed Parking Areas
Proposed connections to adjacent land uses
Vision Statement, the intent of the Vision Plan, and the process to develop
Basic Design Guidelines (e.g. architecture, building heights, etc.)
Typical Street Section and Standards
Proposed bicycle, transit and pedestrian circulation system and linkages
Renderings of important design details
Landscape Guidelines
Revised Proposal 100964 March 10,2003 10
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
10.2 Users’ Guide and Implementation Matrix
RBF shall prepare a User’s Guide on how to implement the Land Use Study and
Vision Statement, and how it affects development of the Ponto Area and relates to
other plans and established guidelines in the City.
RBF shall prepare an Implementation Matrix which will identify key implementation
steps and those entities responsible for their implementation, and how to process land
use entitlements that conform to the Plan’s land use concepts and design guidelines.
10.3 Develop Vision Poster
Based on the work completed in earlier tasks, RBF will develop a vision
poster that includes schematic land use plans and conceptual designs.
The poster will be developed to supplement and further explain, visually, the
narrative report.The proposed size of the two-sided poster is to be 24inch x
36inch and will be done in full color. The front side will depict:
Proposed land uses or land use theme districts . Proposed alignment for Carlsbad Boulevard
Proposed streetscape concept . Proposed new public spaces or parks . Proposed parking areas . Proposed connections to adjacent land uses . Vision statement
The second side of the poster will illustrate and describe: . Basic design guidelines (e.g., building heights) . Typical street section and standards . Proposed bicycle, transit, and pedestrian circulation system and linkages . Renderings of important design details . Landscape guidelines
Task 10.4 City Staff Review of Report and Vision Poster
RBF will meet with staff to present and review the Report and Vision Poster, and
solicit input on any desired changes. RBF will revise Report and Vision Poster as
directed by City Staff.
Revised Proposal 700964
March 10,2003 11
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
Task 10 Deliverables:
0 One (1) preliminary draft and one (1) final draft Land Use Study and Vision
Statement Narrative Report containing the items in Task 10.0, and including
staff revisions (both paper and digital version).
0 One (1) preliminary draft and one (1) final draft Vision Poster (two sheets, each
one-sided) and one (1) digital version containing the items in Task 10.1, and
including staff revisions.
Implementation Matrix
One (1) preliminary draft and one (1) final draft Users Guide and
Task 11.0 Public Review and Comment
Task 11.1 Property Owner, Community & Planning
CommissiodCity Council Review of Land Use Study and Vision
Statement Report, and Vision Poster
The Land Use Study and Vision Statement (narrative report) and
illustrative Vision Poster, will be presented by RBF during public
workshops or special sessions to Ponto Area property owners, the
general community and the Planning CommissiodCity Council for
review and to obtain final comments/feedback. The Report and Vision
Poster will be presented and reviewed at the following
workshopdsessions:
1. Property Owners - special session with the property owners of the
Ponto Area and/or their agents or representatives to make
presentation on report and vision poster, and to solicit input.
2. Community Workshop - special session for all interested community
members to make presentation on report and vision poster, and solicit input
3. City Council and Planning Commission Review - special session
workshop will be held with the City Council members to make
. presentation on report and vision poster, and solicit input. The Planning
Commissioners will be invited to attend this workshop with the Council to
hear this presentation. Input from the Planning Commissioners will also
be solicited.
Task 11.1 Summary of InpuVFeedback from Property Owner,
Community and City Council Workshops/Sessions
RBF will provide City Staff with a written summary of the inputlfeedback
received from the Ponto Area Property Owners, community, City
Revised Proposal 100964
March 10,2003 12
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
CounciVPlanning Commission during the workshops or special sessions
noted in Task 1 1 .O.
Task 11 Deliverables:
0 Written summary of input received during workshops or special
sessions with property owners, community , and city council/
planning commission
Task 12.0 Memorandum of Final Ponto Report and Vision Poster
Changes
Upon conclusion of the property owner workshop, community workshop,
and special session with the City Council and Planning Commission, ,
RBF will prepare and submit to the City a memorandum that identifies all '
changes which the City may wish to make to the Report and Vision
Poster. RBF will meet with staff to discuss any desirable revisions,
following review of the subject memorandum. This discussion with staff
on the memorandum will provide the guidance for completion of all final
deliverables by RBF
Task 13.0 Final Report and Vision Poster
RBF will incorporate all desired changes as directed by the City. The
final Report and Vision Poster will be presented by City Staff to the
Planning Commission and City Council for adoption. RBF will assist staff
in this final presentation to the Planning Commission and City Council
and/or other appropriate legislative body.
Task 13.0 Deliverables: . Attendance at one (1) Planning Commission hearing . Attendance at one (1) City Council hearing . One final (1) full color and one (1) electronic version of Ponto
Vision Plan, including final version of narrative report and poster
Copy-ready Master of the Ponto Vision Plan and Vision Poster
Revised Proposal 100964
March 10,2003 13 F CON8ULTINO
Land Use Strategy
and Vision Statement
for the Ponto Area of the SCCRA
Scope of Work
DELIVERABLES [TO BE DETERMINED]
RBF will provide the following products to the City of Carlsbad:
1. Five- (5) draft copies of each Technical Study.
2. PrinVCopy Ready Master of each product provided under this scope
3. Electronic Copy of each product provided under this scope (in a form
of work
compatible with City of Carlsbad computer systems)
REIMBURSABLES
Anticipated reimbursable items include the following: . Document printing and binding . Blue prints and computer plots . Photographic prints . Mileage ($.40/mile) to attend staff and outreach meetings
RBF has provided an estimated budget of reimbursable items..
UNDERSTANDINGS /ASSUMPTIONS / EXCEPTIONS
Consultant shall note any special understandings, clarifications,
assumptions or exceptions to this scope of work.
Revised Proposal 100964 March 10,2003 14
LAND USE STRATEGY AND VISION STATEMENT - FEE SUMMARY
Submitted by: RBF Consulting
March IO, 2003
PROJECT AND CONTRACT ADMINISTRATION
1.
II.
111.
INITIAL RESEARCH & PROJECT BASE MAPPING
TECHNICAL STUDIES
LAND USE STUDY AND VISION STATEMENT
Subtotal Tasks (Administrative and Task Phases I - 111
REIMBURSABLES
(Authorized budget for printing, blueprinting, photography,
postage and mileage)
TOTAL
Fee Summary
$4,480
$22 , 1 64
$69,507
$72,558
$1 68,709
$7,500
$1 76,209
0
J
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191-d 20/20d 199-1
MAR4 9-03 02 : 15PM FROM-RBF CONSULT I NC 9494548576 T-653 P.02/05 F-167
I A- CERTIFICATE OF LIABILITY INSURAi
NFERS NO RII ATE IS ISSUE
Pountain &ry C.A 92708 17151 Wewho St., St6 211
Phone:714-708-4370 la~:714-708-2300 INSURERS AFFORDING COVERAGE
INSURERK U.S. Fidelity and Guaranty Co.
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DcbcRlPTlON Of OPERATlONS&OCAlWNfWCLS/€lCC~~NS ADDED W ENDORSEMENT~PECW PROIOSlOnS 110 days notice ot cancellation for non-payment of premium.
IAR48-03 02:15PM FROM-RBF CONSULTING 8484548576
ACORb, CERTIFICATE OF LIABILITY INSURANCE
T-653 P 03/05 F-167
DATE (MWDDWl 11126l02
PWtX
Dealey, Rsnton lL Associates
7Hb CERTIFICATE IS ISSUED AS A MArrER OF INfORMATION
P. 0. Box 10550
ONLY AN0 CONFERS NO RIGHTS UPON THE CERnACATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, E%TEND OR ALTER THE COVERAGE AFFORDED BY THE POMES BELOW- Santa Ana, CA 9271 14550 IWLJRERS AFFORDING COVERAGE
RBF Consulting 1
Imine. CA 92619-7057
INSURER A Travelers Indemnity-C$.-rlf lI!lnOrs ____ . I. __ __ -
INSUREFIB Fireman's Fund Jnrurance Co.
INSURER c Underwriters at Lloyd's London Po BOX 57057 . - -
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I COVERAGES
THE POLlC~ES OF INSURANCE LISTED ELO OW nnvE BEEN ISSUED TO Tli€ INSURED NAMED ABOVE FOR THE WUCY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT. TEAM OR CONDITION OF ANY CONTRACT OR OTmER DOCUMENT NTH RESPECT TO WHlCH THIS CERTIFICATE MAY BE ISSUED OF
MAY F'WTNN, TWE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SusJECT TO ALL THE TERMS. ExC&U$lOEtS~Np~P~tIorr$OFSUO POLICrES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CWMS i TI Pf OF WSUWCE " i PqUCV NUMBER
GlhlW WW7 P63QMOD409202
W."UU~ OCCUR INDP. CONTRACTORS
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11/30/02
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11190102 11/30/03 EnCfiOCCURREHCC I rlo.OW*oOo
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ITISSPECIAL PROVIPONS
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Senera1 Liability policy claims excluded claims arising out of the performance of
arofessional services.
ie: All Operations
Xty of Carlsbad is Additional Insured as respects to General Ltability.
See Anacned Descriptions)
MAR21 8-03 02 : 16PM FROM-RBF CONSULT I NG 9494548576 T-653 P.04/05 F-167
DESCRIPTIONS (Continued from Page 1)
Priarnry and Non-Contributlng coverage and a Waiver of Subrogation applies
to GL.
(AVPRISBGUX)
I MAR'lg-03 02 : 16PM FROM-RBF CONSULT I NC 9484548576 T-653 P.05105 F-167
. -.
POLICY NUMBER: P630500D409202 COMMERCIAL GENERAL LIAABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement mocjifies insurance provldea unaer tne following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organlzatian;
City of Carlsbad
Attn: Contracts Administrator 2965 Roosevelt Sr., Ste. B Carlsbad, CA 92008-2389
(If M entry appears above, information required to complete the endorssment will &e shown in tne Qeclarations
as applicable to tnls end~c~ernent )
WHO IS AN INSURED (Seam It) is amenda to include as an insured me person or organization shown in me
Scneaule, but only with respect to Iiabliity arising out of "your work" for that insured by or for you.
WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN TWE CERTIFICATE ATTACHED HERETO.
CG20 IO 11 85