HomeMy WebLinkAbout1993-05-11; City Council; 12215; POINSETTIA COMMUNITY PARK: APPROVAL OF ADDITIONS TO DESIGN AND ENVIRONMENTAL SERVICES AGREEMENTSk oF CARLSBAD - AGEN B,LL ,...:/,' ( i:; a
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Tu POINSETTIA COMMUNITY PARK: l~.~'~'~~ 1 APPROVAL OF ADDITIONS TO DESIGN I DEPT. t
CITY A1 I DEPTm CD I AND ENVIRONMENTAL SERVICES AGREEMENTS~~~~~ M
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RECOMMENDED ACTION:
ADOPT Resolution No. ci3-r3Y approving Amendment No. 4 to the existing design a{
with The Dike Partnership and Amendment No. 1 to the existing environmental
agreement with P & D Technologies for continuing consultant services for F
Community Park. I ITEM EXPLANATION
On February 16, 1993, the California Coastal Commission formally approved the
Coastal Development Permit for the City's future construction of Poinsettia Commur
The permit was issued with a number of "Special Conditions" affecting the continuir
of the park as well as additional environmental and permit processing requirements.
some additional work will be required to complete the final design of the park in coni
with the Coastal Commission permit conditions, the City was able to secure approval
California Coastal Commission to develop the entire park site in a phased approach v
follow the City Council approved Master Plan for Poinsettia Community Park. No c
future phased park facilities were lost as a result of securing this particular permit.
Attached are two (2) amendments to existing consultant agreements with tl
architectural design consultant, The Dike Partnership, and the City's environmental
consultant, P & D Technologies, for additional design and permit processing work re
conform the final project design to the permit conditions. This includes the followir
and environmental work tasks to conform the project plans to the Regulatory Agent\
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1. Revisions to grading, irrigation, landscaping, planting, signage, anc
construction plans, specifications, and contract documents to reflect r
of grading, retention of existing areas within the watercourse and slot
western edge of the park, and new mitigation areas requiring additional I
irrigation systems, and monitoring.
2. Preparation of documents creating an open space deed restriction ove
of the site on the western slope and watercourse area restricting futt
development into these areas.
3. Preparation of sewer and water easement documents.
4. Creation, design, and implementation of a comprehensive interpretativ
program along the western edge of the active park uses separating tl
from the mitigation areas and protected habitat areas to the west.
5. Additional meetings, consultation, and exhibit preparation necessary fo
the project permits.
6. Specifying supplemental plant materials, trees, and other habitat specie
for onsite mitigation.
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Page Two of Agenda Bill No. /2 2 / 5
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7, Construction and revegetation monitoring by the environmental con
during the Phase I construction of the park.
8. Undertaking supplementary California blacktailed gnatcatcher surveys a
western slope in accordance with requirements of the agencies.
9. Preparation of the required habitat and mitigation monitoring progra
annual reports.
10. Coordination and preparation of supplemental project permits with the C
Department of Fish and Game and the United States Fish and Wildlife !
The additional work of both consultants will be completed within the next sixty (60) (
days. Staff recommends approval of the two (2) amendments to the existing COI
agreements.
FISCAL IMPACT
The total cost of Amendment No. 4 to The Dike Partnership design agreement for the
park design modifications is $ 32,961 .OO. The total cost of Amendment No. 1 tc
Technologies for the additional environmental and permit processing requirerr
$25,500.00. Sufficient funds exist in the Phase 1 project’s current appropriations in
account number 320-820-1823-3348 to enable approval of these two (2) agr
amendments.
EXHIBITS
1. Location map.
2. Resolution No. 4 3 - 13y approving two (2) amendments to existing des
environmental consultant agreements for Poinsettia Community Park.
3. Amendment No. 4 with The Dike Partnership.
4. Amendment No. 1 with P & D Technologies.
*I LOCATION MAP I
\\ PALOMAR AIRPORT ROAD
SITE
DE LAS ONDAS
POINSETTIA \\" LANE
I LEGEND
...... ...... ...... ...... ...... ...... [7 AREA TO BE IMPROVED
PROJECT NAME
3348 POINSETTIA COMMUNITY PARK
E PROJECT #
b I m
1 il 0 0 )I
1. RESOLUTION NO. 93 - 134
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR1
CALIFORNIA APPROVING AMENDMENTS TO EXISTING CONSU
AGREEMENTS FOR POINSETTIA COMMUNITY PARK.
WHEREAS, the City Council of the City of Carlsbad, California, has apprc
6 funds for the design and construction of Phase I of Poinsettia Community Par
7 WHEREAS, said City Council has previously entered into agreements
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services; and 9
design of said project as well as environmental and permit processing COI
lo 11 WHEREAS, said City Council hereby finds it necessary, desirable, an
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public interest to amend said agreements to provide for additional consultant
13 /I for said project based upon modifications and additions to the project; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of th 16
and are hereby presented for review and approval.
WHEREAS, amendments have been prepared to incorporate said additio
I.v 11 Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
2. That amendments to the existing consultant agreements with
21 Partnership and P & D Technologies are hereby approved and the Mayor and C
22 are authorized and directed to execute said amendments.
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3. That the Purchasing Officer is hereby authorized and directed to
the existing purchase orders for these agreements an amount equal to the i
'a (( cost of services outlined in said amendments.
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27 I( 4. That following the Mayor's signature of said agreements, the (
28 is further authorized and directed to forward copies of this resolution and the r(
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Suite 100, Irvine, California, 9271 8, and P & D Technologies, attention MI 2
approved amendments to The Dike Partnership, attention Mr. Jim Ridge, One \
3 // Dehoney, 401 West A Street, Suite 2500, San Diego, California, 92101,
4 II 11 Community Development Department. 5
6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl
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following vote, to wit: 8
Council held on the 11th day of MAY , 1993
9 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
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ATTEST:
NOES: None
ABSENT: None
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19 1 J .. ALETHA L. RAUTENKRANZ, City Clerk 20 I )
21 (SEAL)
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AMENDMENT NO. 4 TO AGREEMENT
FOR DESIGN SERVICES FOR
POINSETTIA COMMUNITY PARK
THIS AMENDMENT NO. 4, made and entered into as of the /g* day of e , 1993, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and THE DIKE PARTNERSHIP, hereinafte
referred to as "Consultant."
RECITALS
WHEREAS, the City Council of the City of Carlsbad, California, adopted Resolutiol
No. 91 -386 on December 3,1991, approving a consultant agreement for the developme
of a Master Plan and supplemental design services for City's Poinsettia Community Par1
and
WHEREAS, the parties to this aforementioned agreement did previously enter int
Amendment Nos. 1 , 2, and 3 to expand the scope of work for said project; and
WHEREAS, the parties to this aforementioned agreement desire to expand thc
scope of work to include Amendment No. 4 for preparation of supplementary desigr
work to conform the project to certain conditions and requirements identified in the
project's permits and regulatory agency approvals: and
WHEREAS, a supplemental scope of work and fee schedule have been negotiat
and agreed to between the parties hereto and is described herein; and
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WHEREAS, the City of Carlsbad, California, hereby finds it necessary, desirable,
and in the public interest to proceed with this Amendment No. 4 for said additional work
NOW, THEREFORE, in consideration of these recitals and the mutual covenant3
contained herein, City and Consultant hereby agree as follows:
1. Consultant shall provide or cause to be provided to City all supplementa
services as stated herein for the aforementioned project. Said additional design
services shall include: .. ,
A. Revisions to the plans, specifications, and construction contract
documents affected by permit conditions of approval required by the California Coasti
Commission and the California Department of Fish and Game. Revisions are to be bast
upon environmental information and data to be provided to Consultant by P & D
Technologies on behalf of City. Revisions shall be made to the project’s plans,
specifications, and contract documents including but not limited to:
I. The Dike Partnership: Revisions resulting from California
Coastal Commission conditions to the grading, irrigation, landscaping, planting, signa!
and construction plans, specifications, and construction documents.
2. Crosby, Mead, Benton & Associates: Revisions resulting frc
California Coastal Commission conditions to the grading plans, utility plans, revised c(
estimates, creation of open space deed restriction documents, creation of sewer an
water easement documents, coordination, meetings, and reimbursable expenses requi
(2)
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to implement and reproduce document modifications. Performance of a project site
boundary survey is not required and is excluded from this scope of work.
B. City has previously approved a name change of said project from
"Aka Mira Community Park" to "Poinsettia Community Park." Consultant shall make the
appropriate changes to the project plans, specifications, contract documents, and projed
signage details to implement this change.
C. Consultant shall implement a change to the project plans,
specifications, and contract documents to reflect a City decision to delete the infield turi
and irrigation system on field no. 1 in said project.
2. City shall pay Consultant on a time and materials basis, not-to-exceed a toti
of $ 32,961.00 based upon the following:
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A. Permit and Approval Revisions $28,961 .OO
8. Park Name Change Revisions $ 2,560.00
C. Field No. 1 Revisions $ 1,440.00
3. For the purposes of this Amendment, Consultant shall not exceed the toti
cost as described in Paragraph 2 above without the prior written authorization of Cit)
4. Consultant shall complete all work under this Amendment for approval b
City within thirty (30) calendar days of the date of execution of this Amendment No. 1
5. All provisions of the aforementioned agreement entered into on Decembc
3, 1991 , by and between City and Consultant shall remain in full force and effect.
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6. This Amendment No. 4 to the aforementioned agreement between City and
Consultant shall be effective on and from the day first above written.
IN WITNESS WHEREOF, we have hereunto set out hands and seals. /7
6- THE DIKE PARTNERSHIP
P. WOODWARD DIKE CLAUDE A. LEWIS
Title: President Mayor
*LE. L. VED AS TO FORM: AllEST: &&&A. b
City Attorney JT. /t. ? 3 a City Clerk
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AMENDMENT NO. 1 TO AGREEMENT
FOR ENVIRONMENTAL SERVICES
POlNSElTlA COMMUNITY PARK
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THIS AMENDMENT NO. 1, made and entered into as of the 13th day of
MAY , 1993, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as I'City,'' and P & D TECHNOLOGIES, hereinafter
referred to as "Consultant."
RECITALS
WHEREAS, the City of Carlsbad, California, entered into an agreement on
November 25, 1991 for environmental consulting services required for the developmen
of City's Poinsettia Community Park; and
WHEREAS, the parties to this aforementioned agreement desire to expand the
scope of work to include Amendment No. 1 for environmental consulting services
required by the project's regulatory agency permits, approvals, and related design
modifications and requirements; and
WHEREAS, a supplemental scope of work and fee schedule have been negotiate1
and agreed to between the parties hereto and is described herein; and
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it
necessary, desirable, and in the public interest to proceed with this Amendment No.
for said additional work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenanl
contained herein, City and Consultant hereby agree as follows:
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1. Consultant shall provide or cause to be provided to City all supplementa
environmental services as stated in its scope of work letter dated February 22, 1993,
attached as Exhibit 1 to this Amendment No. 1, which is incorporated by reference an(
made a part hereof. Said supplemental services shall include:
A. Permit Coordination
B. Design Consultation
C. Construction Monitoring
D. Revegetation Monitoring
E. Coordination with California Coastal Commission Requirements
F. Coordination with California Department of Fish and Gam
Requirements
G. Coordination with City of Carlsbad Requirements
2. Consultant shall provide or cause to be provide all exhibits, studies, dat<
drawings, permit applications, or other information required to complete the scope oi
work tasks as stated herein.
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3. City shall pay Consultant on a time and materials basis, not-to-exceed a to
of $25,500 in accordance with the work task breakdown identified in attached Exhibit
to this Amendment No. 1.
4. For the purposes of this Amendment, Consultant shall not exceed the to1
cost as described in paragraph 3 above without the prior written authorization of C@
5.. Consultant shall complete all work under this Amendment for approval t
City within ninety (90) calendar days of the date of execution of this Amendment No.
with the exception of those tasks requiring ongoing monitoring.
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e .. 6. All provisions of the aforementioned agreement entered into.on November
25, 1991, by and between City and Consultant shall remain in full force and
effect.
7. This Amendment No. 1 to the aforementioned agreement between City anc
Consultant shall be effective on and from the date first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
A
P & D TECHNOLOGIES
0y:wh x. &d9 UmrJ N< R ICrnkW5 v v ICs ?RES1 OE4 - Name and Title
Claude A. Lewis
Mayor
AL VED AS TO FORM: A'ITEST: a& City Attorney c /to93 a City Clerk L
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6. All provisions of the aforementioned agreement entered into on November
25, 1991, by and between City and Consultant shall remain in full force and
effect.
7. This Amendment No. 1 to the aforementioned agreement between City and
Consultant shall be effective on and from the date first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
/j
P & D TECHNOLOGIES
n. .. a .-h LA;.. -Y c@rddA PI *
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Though statute does not require lt fill in the data below, doing so invaluable to pem relyng on the
personally appeared
subscribed to the within instrument and ac-
, the same in his/her/their authorized 0 TRUSTEEW knowledged to me that he/she/they executed
0 AnoRNN"N-FACT
0 GUARDIAN/CONSERV, capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OTHER:
SIGNER IS REPRESEN ORANGE CSUNTY
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it aould orevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES DATE OF DOCUMENT
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01992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga I
e u e EXHlBl
PBD Environmental Se
A Division of PI0 Technola
LC1 $i A s:.pp: 5” :e 2530
3’r 2egc SA 32‘3‘ =4X 6‘9 23-1-3C22
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5’9 232-Jd66
February 22, 1993
Mr. John Cahill
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
An Employee-Owned Compa
RE: Poinsettia Community Park
Dear John,
Based on the Alta Mira Park Mitigation Program prepared for the City of Carlsbad (Mi
1992), P&D Technologies proposes to implement a construction and wegetatit
monitoring program. Additional services required by various permitting authority ha
also been incorporated into the scope. The following scope and cost is broken do\
by task.
Permit Coordination
Extensive consultation has been required for acquisition of the California Coas
Commission permit. Two meetings with staff have been conducted as well as seve
written responses to Coastal staff regarding this project. This coordination was I
included in our original scope of work.
Design Consultation
P&D will work with the Dyke Partnership to ensure that the landscape plans meet 1
criteria established in the biology technical report and the associated permits. Pi
will review and comment on the plans and specification. An estimate of 50 hours
biologist time has been allocated for this task. If additional consultation is necessa
these costs would be billed on a time and materials basis.
Construction Monitoring
P&D Biologists will ensure that the sensitive resources identified within the monitor
program are accurately flagged and/or staked before construction. P&D will check q
flagging or fence erected by the contractor prior to clearing of the site. Throughout
construction period P&D biologists will monitor the construction site to ensure t
inadvertent impacts do not occur to the sensitive coastal sage scrub habitat or e -
e e
Mr. John Cahiil
February 22, 1993
Page2
riparian habitat. Any infractions into the sensitive areas will be reported to the sit(
foreman and the City of Carlsbad immediately and remedial actions evaluated. This
scope is based on an assumption that 12 site visits will be conducted. P&D biologists
will be available for one meeting during construction. Any inadvertent clearing 0%
sensitive habitat and subsequent meetings or remedial actions are out of scope ant
will billed separately.
Revegetation Monitoring
P&D biologists will monitor the revegetation of coastal sage scrub habitat on thc
manufactured slope of the park. P&D is not responsible for the production of thl
landscape plans nor for the actual implementation of the plant material. P&D wi
begin monitoring when the plant material arrives onsite. P&D will ensure that th
correct plant material has been received and that it is planted in accordance with th
landscape plan. After the planting is completed, P&D will begin quantitativ
monitoring of the site. The monitoring will occur twice annually over a two year peria
Reports after each period will be prepared and submitted to the City of Carlsbad. tt
plant material will be checked during the monitoring period for growth rate ar
mortality. It is the responsibility of the City for replacement of any plant material whic
dies during the monitoring period.
California Coastal Commission
P&D Wildlife biologists will conduct surveys for the California Gnatcatcher
accordance with the California Coastal Commission permit for this project. P8
proposes to conduct three site surveys to determine the nesting location of the ons
pair and/or its approximate territo’ry. These surveys will document the movements
the birds onsite for four hours per site visit. A letter report will be prepared with a rn
letter and its findings will be presented to the City. P&D will attend one meeting w
the Coastal Commission to review the finding of the surveys, if it is necessary.
California Department of Fish and Game
P&D will prepare the Streambed Alteration Agreement for the California Departmenl
Fish and Game. A simplified approach is proposed because it is not anticipated t
this project will require extensive consultation or negotiation will be required. P&D ’
prepare the permit application for the City’s transmittal to the Fish and Game. The c
will be responsible for all application fees. No field reconnaissance is expected to
necessary and is not budgeted into the proposal.
documented the pair’s movements, nest location andlor the approximate territory, TI
0 e .
Mr. John Cahill February 22, 1993
Page3
Additional Consultation
It is recommended that a contingency of $5000 be allocated for additional meetings o
consultation in the event that problems occur. This budget would not be utilize1
unless specifically authorized by City Project Manager.
A cost estimate for each task is provided. The costs will be billed in accordance wit
our schedule of fees.'
Cost Fstimm
Permit Coordination $3500
Design Consultation $4000
Construction Monitoring $3000
Revegetation Monitoring $5000
California Coastal Commission/Gnatcatcher $3000
California Dept. Fish and Game $2000
Additional Consultation $5000
If you have any questions, please feel free to contact me. Should the proposal t
acceptable, please provide contract authorization and P&D will initiate work. It shou be noted that P&D has initiated the work for the California Coastal Commissiol
Gnatcatcher surveys and completed the Permit Coordination based upon yo1
authorization dated February 17; 1993 and verbal authorization. P&D is pleased 1
continue our working relationship with Carlsbad,
Sincerely, '4 Betty ehoney
Director, Environmental Sewices