HomeMy WebLinkAbout1986-09-23; City Council; 8477-3; La Costa AV improvement MitPlan & NegDec- 4B# x977 3
~TG. 09/23/86
IEPT. MP
RECOMMENDED ACTION:
Adopt Resolution No. g?'l7 approving a Consultant Agreement
for the design and annual monitoring of the environmental
mitigation plan for the La Costa Avenue improvement projects,
certification of the Mitigated Negative Declaration, and
appropriation of funds for the consultant agreement.
TITLE: MITIGATION PLAN AND CERTIFICATION OF
MITIGATED NEGATIVE DECLARATION FOR THE
LA COSTA AVENUE IMPROVEMENT PROJECTS ClTy MGR. >
ITEM EXPLANATION:
On January 28, 1986, the City Council approved a Consultapt
Agreement with Willdan and Associates for the design 'and
environmental assessment of the La Costa Avenue widening project,
the La Costa/El Camino Real intersection improvements, and the La
Costa/I-5 interim intersection improvements. Staff has filed an
application with supporting documentation for the required
Coastal Development Permits with the California Coastal
Commission for the intersection improvement projects at La
Costa/El Camino Real and La Costa/I-5. The Commission has
tentatively scheduled consideration of the application for their
November, 1986 meeting. Construction of the La Costa Avenue
projects, primarily the widening portions, will encroach into
wetland and riparian areas requiring corresponding mitigation. A
mitigation plan, therefore, will be a condition of issuance of
the required permits.
Staff has negotiated with Willdan and Associates the attached
consultant agreement for a mitigation plan and monitoring program
required to ensure the mitigation efforts. The scope of services
includes preparation of grading plans and specifications suitable
for bidding the mitigation work, preparation of landscape plans
for the revegetation of salt marsh and riparian woodland adjacent
to La Costa Avenue within the lagoon wetland, preparation of
legal descriptions and deeds for right-of-way and mitigation
areas outlined in the program, and preparation and supervision of
a four-year revegetation and monitoring program.
ENVIRONMENAL REVIEW:
The Planning Director has determined that this project will not
cause any significant impacts because potential impacts have been
mitigated and, therefore, has issued a Mitigated Negative
Declaration, dated May 28, 1986. Subsequently, the Mitigated
Negative Declaration underwent all required public review.
Responses to comments received during that review were completed
August 15, 1986. A copy of the environmental document is on file
in the Planning Department.
.'
Page Two of Agenda Bill NO. Fy77-3
FISCAL IMPACT:
The attached consultant agreement and accompanying proposal
describe the specific tasks to be performed by the consultant.
The total cost for these services is not to exceed $52,250.00.
There is no current appropriation for the design of the
mitigation work required for the La Costa Avenue projects. Staff
recommends that funds be designated in the amount of $52,250.00
for the La Costa Avenue mitigation plan and monitoring program
and transferred from the unappropriated balance of the General
Capital Construction Fund to the project account.
EXHIBITS:
1.
2.
3.
4.
5.
Location Map.
Resolution No. 8r/ 7 approving a consultant agreement for
the design and annual monitoring of the La Costa Avenue
environmental mitigation plan, certification of the Mitigated
Negative Declaration, and appropriating funds for this
project.
Consult ant Agreement.
Consultant proposal dated August 14, 1986.
Mitigated Negative Declaration (on file in the Planning
Department).
a
W 3 7 W > a
a I-
v) 0
c)
a I
W
I- O Z
m
W I- Q I- u2
lAl I- 2
l-
a
-.
a
n
m
W
(3
U -
b w
v)
I a
e ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... .....
..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... .....
a
a
W U
z 0
t- - s a c3
t-
E
n
a a.
- -
W I-
-
0
t- z
(Q
-
......... ..... ..... ..... ..... ..... ..... ..... .....
..... .......... ..... ..... ..... .. .r..5*. ..... ..... ..... .......... .......... .......... ..... ..... .....
3
r
1
2
3
4
5
6
7
8
9
10
11
1'2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8817
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND WILLDAN AND ASSOCIATES FOR THE DESIGN OF
A MITIGATION PLAN AND MONITORING PROGRAM FOR THE LA
COSTA AVENUE PROJECTS, CERTIFICATION OF THE MITIGATED
NEGATIVE DECLARATION, AND APPROPRIATION OF FUNDS
WHEREAS, a proposal has been negotiated by the City of
Carlsbad for the design of the La Costa Avenue improvement
projects mitigation plan and monitoring program with Willdan
and Associates; and
WHEREAS, the negotiated fee for services to per'form the
mitigation plan and monitoring program for said projecc is
$52,250; and
WHEREAS, there is no current appropriation to perform said
services; and
WHEREAS, the Planning Director has issued a Mitigated
Negative Declaration for said project dated May 28, 1986; and
WHEREAS, the aforementioned Mitigated Negative Declaration
has. undergone all required public review with esponses to
comments received during that review completed on August 15,
1986; and
WHEREAS, the City Council of the City of Carlsbad has
determined the La Costa Avenue improvement projects to be
necessary to ensure efficient traffic circulation within the
City limits.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. The above recitations are true and correct.
///
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
39
20
21
22
23
24
25
26
27
28
~ 2. That an agreement between the City of Carlsbad and
I
1 Willdan and Associates for the design of the mitigation plan
and monitoring program for the La Costa Avenue improvement
projects is hereby approved.
3. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement, which is
attached hereto, for and on behalf of the City of Carlsbad.
4. That the City Council of the City of Carlsbad hereby
certifies the Mitigated Negative Declaration for said project.
5. That a funds transfer in the amount of $52,.250 from
unappropriated balance of the General Capital Construcrion the
account to the project account is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 23rd day of September ,
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: . None
ABSENT: None
ATTEST: MARY /k. CASLER, Mayor
d.L&kA. 4. &A
ALETHA L. RAUTENKRANZ, City \Clerk
(SEAL)
AGREEiII+XE' FOR
PREPARATIOiJ Oi' MITIGATION PLAN & MONITORING PROGRAM
THIS AGREEMENT, made and entered into as of the day of
- 9 19 ? by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as oCity,'' and
Willdan and Associates, hereinafter referred to as nConsultant."
RECITALS
City requires the services of an Environmental Engineering
Consultant for the preparation of a mitigation plan and
monitoring program for the City of Carlsbad's La Costa Avenue
improvement projects under the direction of the Municipal
Projects Department of the City; and
Consultant possesses the necessary skills and qualifications
to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and a Consultant agree as
follows:
1 .' CONSULTANT 'S OBLIGATIONS
The Consultant shall:
A. Prepare a mitigation plan for the City's La Costa Avenue
improvement projects in accordance with their proposal dated
August 14, 1986, a copy of which is attached and incorporated by
reference herein;
-2-
B. Act as liaison between utility agencies, citizens and
City staff as related to the proposed project.
C. Coordinate and implement project and traffic safety.
0. Attend such meetings of public or private groups as may
be required in conjunction with the La Costa Avenue improvement
projects.
E. Provide all personal transportation during the course of
this agreement.
F. Perform a1 1 functions, responsibilities , ’ . and
requirements to accomplish the mitigation plan and monitoriQg
program as specified in their proposal hereinabove referred.
2. CITY OBLIGATIONS
Under the general direction of the Municipal Projects
Oepartment and subject to the provisions of Section 9 of this
agreement, the City shall:
A. Make available to Consultant all records, reports, and
other documents deemed necessary by Consultant to properly
perform the services required by the City.
3. CONSULTANT COMPENSATION
Under the general direction of the Municipal Projects
Department and subject to the provisions of Section 9 of this
agreement, the City shall:
A. Compensate Consultant for services performed under
Article 1 above, in accordance with the fees set forth in the
above referenced proposal.
->-
B. It is understood by the parties to this agreement that
the aforementioned fees shall be considered to be the total
compensation for the duration of the project. The Consultant
warrants that no adjustments in fees shall be requested during
the term of this agreement.
C. Transportation shall be provided by the Consultant and
no additional compensation shall be paid by City to Consultant
for transportation to or from home to work place or for field
trips within the City on behalf of the City of Carlsbad.
D. Additional expenses related to this agreement for
meetings outside the limits of the City, transportation, meals,
c
etc., shall be reimbursed by the City on the basis of actual cost
where specifically approved by the City upon submission of
itemized invoices to the City of Carlsbad.
4. PAYMENT OF FEES
Fees earned pursuant to Section 3A of this agreement shall
be paid by City within twenty (20) days of delivery of invoices
provided, however, that no fees shall be paid until the invoices
have been verified and approved by the City. Payment of any fees
pursuant to this section shall not constitute a waiver by City of
any breach of any part of this agreement. Reimbursement pursuant
to Section 3D of this agreement shall be made in accordance with
existing City reimbursement policies.
5. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bonafide employee
working for the Consultant, to solicit or secure this agreement,
-4-
and that Consultant has not paid or agreed to pay any company or
person, other than a bonafide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration
contingent upon, or any other consideration contingent upon, or
resulting from the award or making of this agreement. For breach
or violation of this warranty, the City shall have the right to
annul this agreement without liability, or in its discretion, to
deduct from the agreement price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or consultant fee.
1.
6. NON-DISCRIMINATION CLAUSE
The Consultant shall comply with state and federal
o r di nances regar ding non-disc r iminat ion.
7. TERMINATION OF CONTRACT
In the event of the Consultant's failure to execute,
deliver, or perform the work as provided for in this contract,
the City may terminate this contract for non-performance by
notifyin'g the consultant by certified mail of the termination of
the contract. The City will give 30 days notice, the Consultant,
thereupon, will deliver all documents owned by the City and all
work in progress to the Municipal Projects Department, of the
project in progress, who shall make a determination of fact based
upon the documents delivered to the City of the percentage of
work which the Consultant has performed which is usable and of
-5-
worth to the City in having the contract completed. Based upon
that finding as reported to the City Council, the Council shall
determine the final payment of the contract. Final payment shall
be in compliance with the code of federal regulations.
8. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedures shall be used to
resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating
under the provisions of this contract, shall be reduced to
writing by the principal of the consultant or the project manager
for the Municipal Projects Department. 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 representative 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 Manager for resolution. The City Manager
may then opt to consider the directed solution to the problem.
-6-
In such cases, the action of the City Manager shall be binding
upon the parties involved although nothing in this procedure
shall prohibit the parties seeking remedies available to them at
law.
9. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services
only, including construction, inspection and construction
management of assigned projects, and any payments made to
Consultant are compensation solely for such services as
Consultant may render and recommendations consultant may make in
the course of the project(s).
1.
IO. 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 all City documents in the
Consultant's possession and put the same in order for proper
filing and closing and deliver said documents to the City. In'
the event of termination, the Consultant shall be paid for work
performed to the termination date. The City shall make the final
determination as to the portions of tasks completed and the
compensation to be made. Compensation to be made in compliance
with the codes of federal regulations.
-7-
11. 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 the direction
and control of the project manager and/or Municipal Projects
Manager only as to the assignment of tasks, the result to be
accomplished and the personnel assigned to the project. The
Consultant shall consult with the City as necessary to.ensure
compliance with this agreement.
12. OWNERSHIP OF DOCUMENTS
z
All plans, studies, sketches, drawings, correspondence,
copies of 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, copies of reports and
studies shall be delivered forthwith to the City. Consultant
shall have the right to make one (1) copy of the documents for
his records.
13. 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.
-a-
I 4. HOLD HARMLESS AGREEMENT
The City, its agents, 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,
or claimed to have been caused by, or resulting from, any act or
omission of Consultant or Consultant's agents, employees, or
representatives. Consultant agrees to defend, indemnify, and
save free and harmless the City and its authorized agents,
officers, and employees against any of the foregoing liabilities
or claims of any kind and any cost and expense that is incurred
by the City on account of any of the foregoing liabilities,
including liabilities or claims by reason of alleged defects in
any plans and specifications, unless the liability or claim is
due, or arises out of, solely to the City's negligence.
15. 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 any
architectural, engineering inspection, construction or material
supply contractor, or any subcontractor in connection with the
construction of the project, shall become directly or indirectly
interested personally in this contract or in any part thereof.
No officer, employee, architect, attorney, engineer, or inspector
of or for the City who is authorized in such capacity and on
behalf of the City to exercise any executive, supervisory, or
-9-
other similar functions in connection with the performance of
this contract shall become directly or indirectly interested
personally in this contrat or any part thereof,
16. 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 such verbal agreement
or conversation entitle the Consultant to any additional payment
whatsoever under the terms of this contract.
17. SUCCESSORS OR ASSIGNS
c
All terms, conditions, and provisions hereof shall insure to
and shall bind each of the parties hereto, and each of their
respective heirs, executors, administrators, suc'cessors, and
assigns.
18. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement
with the City Clerk of the City of C'arlsbad. The Consultant
shall report income investments or interests in real property.
x
- 10 -
19. TERM OF CONTRACT
In accordance with Section lE, the term of this agreement
shall run through completion of the aforementioned projects. The
City shall have the option of offering permanent employment to
the Consultant as a regular City employee anytime within the
specified term of this agreement.
IN WITNESS WHEREOF, we have hereunto set our hands and seals,
WILLDAN AND ASSOCIATES:
,qCAy824
DAVID M. ASHLEY, Division Mgr. MARY H. CASLER, Mayor
-
ATTESTED:
City Clerk
August 14, 1986
Mr. Jeff Bunnell
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA. 92008
SUBJECT: REVISED PROPOSAL FOR PROFESSIONAL ENGINEERING
SERVICES - LA COSTA AVENUE CORRIDOR
MI TIGAT ION PROJECT
Dear Jeff:
Willdan Associates is pleased to submit this fee proposal for providing
engineering and construction management services for this project. Willdan
Associates has, for over twenty years , specialized in providing engineering
services to municipalities. Today, our staff includes over 275 professional
engineers, planners, technicians and computer programmers, located in six
offices throughout Southern California. Our local San Diego office, in oper-
ation for over nine years, includes a staff of twenty-five professional civil
engineers, traffic engineers, technicians, construction inspectors and other
personnel available to provide a local, personalized service.
=
This proposal amends a previous proposal dated June 25, 1986, to provide for
additional services as described below and as requested by the City of
Car Isba d .
PROJECT DESCRIPTION
The City of Carlsbad has retained Willdan Associates to prepare plans and
specifications for the widening of La Costa Avenue between the 1-5 Freeway
and El Camino Real. The project will take place in several phases consisting
of: 1. Widen the La Costa Avenue/El Camino Real intersection; 2. Widen the
La Costa Avenue/l-5 intersection at the ramps as an interim project; 3. Widen
La Costa Avenue from 1-5 to El Camino Real; and 4. Widen the La Costa
Avenue/l-5 interchange (bridge widening).
Each phase has specific effects on the environment, as discussed in the Initial
Environmental Assessment prepared by Westec Services, Inc. dated May 1986. This project consists of specific mitigation measures which should be taken
concurrent with the construction of the La Costa Avenue/El Camino Real
intersection project. The work will generally consist of grading of salt marsh
areas and revegetation of salt marsh and riparian areas north of La Costa
Avenue adjacent to the Wetlands Boundary of the Batiquitos Lagoon.
6363 GREENWICH DRIVE SUITE 250 SAN DIEGO, CALIFORNIA 921 22 (61 9) 457-1 199
August 14, 1986
Fee Proposal to Jeff Bunnell
CITY OF CARLSRAO
Page Two
SCOPE OF SERVICES
Followinq discussions with City staff, we understand the scope of work for
the
1.
2.
3.
4.
project to generally be as follows:
Prepare a grading plan, specifications, and estimate in a manner suitable
for public bid and acceptable to the City of Carlsbad.
Include a plan, prepared by a licensed Landscape Architect, .for revege-
tation of salt marsh and riparian woodland adjacent to the Batiquitos
Lagoon. It is understood this will include approximately 8.4 acres of
salt marsh and 1.7 acres of riparian woodland.
Provide two (2) separate legal descriptions, plats and deeds dedicating
the areas of grading and revegetation in fee to the City of Carlsbad
based on the following criteria:
a) Base the area of dedication on the mitigation program as outlined in
the Initial Environmental Assessment dated May, 1986 by Westec
Services (ie: replacement of 3.4:l for riparian and 2.25:l for
coastal salt marsh).
b) Base the area of dedication on the mitigation program suggested by
Coastal Commission staff dated August 6, 1986 (ie: replacement of
3:l for riparian and 4:1 for coastal salt marsh).
Provide the services of an environmental firm with qualified biologists to
supervise the actual revegetatiot, of the riparian habitat and to monitor
the success of the revegetation for a period of 4 years.
Project design will include preparation of a 40 scale plan for grading within
the required coastal salt marsh area in accordance with a final Mitigated
Negative Declaration based on the Initial Environmental Assessment prepared
by Westec dated May 1986. Coordination with Westec will be maintained
during design to assure that the grading plan is in conformance with the
mitigation requirements. Specifications and bid documents will be provided in
accordance with the City's standard format and utilizing the "Green Rook",
and will include quantity takeoffs, with estimates based on unit prices from recently bid projects.
The plan for revegetation of the salt marsh and riparian habitat will also be
40 scale and based on a final Mitigated Negative Declaration based on the IEA
dated May 1986. We propose to use the firm of Lightfoot & Associates, pro-
fessional landscape architects, who will also prepare landscape plans for the
August 14, 1986
Fee Proposal to Jeff Runnel1 CITY OF CARLSBAD
Paae Three
La Costa Avenue widening project from 1-5 to El Camino Real. Plans, quanti-
ties, and specifications for this work will be included in the bid package for
the grading plan.
We propose to use the firm of Westec Services, Inc. to act as the City's agent
to supervise the implementation of the rwegetation plan and to monitor its
success for a four year period. Four seasonal observations will be made the
first year with annual reports to the City the succeedinq 3 years.
ADDITIONAL SERVICES
Additional services which could be provided include:
1 . Inspection of the grading operation, construction staking, construction
management services, attending preconstruction meetings, and general
administrative tasks associated with the construction phase.
.2. Preparation of a plan for irrigation of the revegetated area. However,
the revegetated area will be watered by water truck until established.
3. Preparation of a grading plan for a disposal area. It is assumed this
will be the contractor's responsibility.
ResDonsibili ties of Citv
The City agrees to provide:
1. Any soils reports required for the proposed project.
2. Any additional environmental and coastal commission permits required
over and above the permits to be obtained in connection with the La
Costa Avenue widening project.
PROJECT SCHEDlJLE
The services to be provided under this contract will be provided upon a final
Mitigated Negative Declaration consistent with the IEA, and will be expedited
to permit the work to proceed concurrent with construction of the La Costa
Avenue/El Camino Real intersection project.
August 14, 1986
Fee Proposal to Jeff Bunnell CITY OF CARLSBAD
Page Four
DISCUSSION OF FEES (Revised)
Presented below is a summary table of our proposed fees
outlined above.
Right-of-way Description,
Plats, Deeds (2 sets) (9 Properties) $1 5,000.00
Gtading Plan $1 1,500.00
Revegetation Plan 15,000.00
Monitor Revegetation
Riparian and Salt Marsh 10,750.00
TOTAL $52,250.00
We sincerely appreciate the opportunity of presenting th
viding engineering services on this project. Should you
or desire any additional information, please contact us
457-1199.
Yours truly,
WILLDAN ASSOCIATES
’ David M. Ashley )-”
Division Manager
for this project, as
s proposa for pro-
have any questions
at our new office,
DMA : sf
P 86-100.1
DEVELOPMENTAL
SERVICES
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
(619) 438-5591 LAND USE PLANNING OFFICE
Ci tp of CarIsbab
NEGATIVE DECLARATION
PROJECT ADDRESSILOCATION: The project is located at the intersection
of La Costa Avenue and El Camino Real.
PROJECT DESCRIPTION: This project entails the first phase of a two
phased project Which will include the realignment and widening of La
Costa Avenue from Interstate 5 east to El Camino Real. Phase I will
specifically include widening La Costa Avenue to a 116 foot wide
right-of-way at the El Camino Real intersection. The second phase
which is not included as part of this application Will include the widening of the rest of La Costa Avenue west of the Phase 1
intersection to 1-5, and the widening of the La Costa Avenue/I-5
interchange.
The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Implementation
of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not
. have a significant impact on the environment) is hereby issued for the
subject project. Justification for this action is on file in the
P1 anning Department.
A copy of the Negative Declaration With supportive documents is on
file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA., 92008. Comments from the public are invited. Please submit
comments in writing to the Planning Department Within ten (10) days of
date of issuance.
DATED: May 24, 1986
CASE NO: EIA-981
APPLICANT: City of Carl sbad
P1 anni ng Director
PUBLISH WTE: May 24, 1986
NW
11/85