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HomeMy WebLinkAbout1994-12-20; City Council; 12960; APPROVAL OF A CONSULTANT AGREEMENT FOR DEVELOPMENT OF AN OPPORTUNISTIC SAND PROGRAM** .. D &! f-J 3, E ria, a> 4 Z 0 5 a d 2 3 0 0 'IyY OF CARLSBAD - AWDA BILL s(5 u MTG. 12/20/94 CONSULTANT AGREEMENT FOR CITY I CITY I DEPT. ENG RECOMMENDED ACTION: A AB # /ai? bo TITLE: APPROVALOFA DEPT. DEVELOPMENT OF AN OPPORTUNISTIC SAND PROGRAM Adopt Resolution No. '?q 033' approving a consultant agreement with the firm of k and Nichol, Engineers for the development of an Opportunistic Sand Program. ITEM EXPLANATION: In 1993, the San Diego Association of Governments (SANDAG) adopted a report e "Shoreline Preservation Strategy" which details proposed future beach nouris programs and identifies goals and objectives to restore the sand profile of the entire from Oceanside to the international border. The intent of these strategies is to p local agencies and other public entities with assistance in developing a program benefits adjacent beaches on both a regional and local basis. In April, 1993 the Carlsbad City Council approved a recommendation by the Beach E Committee (BEC) to develop and implement a citywide Opportunistic Sand Progr program in cooperation with SANDAG to actively pursue opportunities to obtain s sand of this type for placement on Carlsbad's beaches for purposes of erosion conti recreational activities. The adopted policy is as follows: As a result of real estate development, highway and road building and other construction activities, surplus sand suitable for placement on beaches is available from time to time at minimal or no cost. It shall be the City's policy to develop a program in cooperation with SANDAG to actively pursue opportunities to obtain suitable sand of this type for placement on Carlsbad's beaches for purposes of erosion control and recreational activities. This project consists of the development of a program which outlines impleme guidance whenever an opportunity arises in which excess beach quality mati discovered during the construction of development projects and ultimately can be I to supplement ongoing beach nourishment activities. This program will act as thc for the application and issuance of regulatory agency permits such as the Army Cc Engineers, California Coastal Commission, California State Lands Commission, a Regional Water Quality Control Board. FISCAL IMPACT: The cost of services under this consultant agreement with Moffatt & Nichol, Engir $39,542. Funding to suppot-2 the development of this program is available from sources: 1. In 1988, the City received a grant of $300,000 from the California Departr Boating and Waterways to fund the design and permitting efforts . construction of a seawall adjacent to the Agua Hedionda Lagoon. The St# authorized the use of a portion of the remaining balance (approximately $1 to fund a program which would allow for the deposition of beach quality I front of the seawall. The beach area along Carlsbad Boulevard will be en1 by this beach nourishment activity and provide increased recreational opport State Grant Account No. 380-820-81 36-3307 $20,000 e Q ." Page 2 of Agenda Bill No. l2,q 6 o 2. In addition, the Engineering Department budget has funds available to suppc remaining $19,542 necessary to develop this program. These funds v transferred from the professional services account which provided con: services to the Beach Erosion Committee and from departmental salary sa Engineering Dept. Account No. 001 -820-31 10-2479 $1 9,542 Operating Budget No additional appropriations of funds is required to support this program. EXHIBITS: 1. Resolution No. 9Y -331 approving a consultant agreement with the firm of I and Nichol, Engineers for the development of an Opportunistic Sand Program 2. Consultant Agreement with Moffatt & Nichol, Engineers. .. ' L 1 2 3 4 !5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o *l 22 23 24 25 26 27 28 .! @ EXHIBI RESOLUTION NO. 94-331 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR THE DEVELOPMENT OF AN OPPORTUNISTIC SAND PROGRAM WHEREAS, the Engineering Department of the City of Carlsbad solicited Re( Proposals from consulting coastal engineering firms to assist in the developmer Opportunistic Sand Program; and WHEREAS, the firm of Moffatt & Nichol, Engineers was selected as the most qi perform the requested work; and WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, c and in the public interest to award the consultant agreement to Moffatt & Nichol, Ens provide services for said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ( California, as follows: 1. That the above recitations are true and correct. 2. That the consukant fee of $39,542 will be charged to the following accour State Grant Engineering Dept. Operating Budget 3. That the consultant agreement with Moffatt and Nichol, Engineers is hereby Account No. 380-820-81 36-3307 Account No. 001 -820-31 10-2479 and the Mayor is hereby authorized and directed to execute said agreement. I// I// /I/ /I/ /I/ //I //I ' - 1 2 3 4 5 6 7 8 9 10 l1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e Following the Mayor's signature of said agreement, the City Clerk is further authorize( directed to forward a copy of said agreement and this resolution to Moffatt and Nichol, E attention: Dr. Craig Everts, 250 West Wardlow Road, Long Beach, California, 90807. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit held on the 20th day of DJ~MBER , 1994 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None I ATTEST: &d-c~/. ALETHA L RAUT (SEAL) 0 m .. - AGREEMENT FOR DEVELOPMENT OF AN OPPORTUNISTIC SAND PROGRAM THIS AGREEMENT, made and entered into as of theeday of dd%c-& 19&, by and between the CITY OF CARLSBAD, a municipal corporation, hereinaf referred to as "City", and MOFFATT AND NICHOL, ENGINEERS, hereinafter referred as "Consultant". R EClTALS City requires the services of Moffatt and Nichol Engineers, to provide 1 necessary consulting services for development of an Opportunistic Sand Program; a Consultant possesses the necessary skills and qualifications to provide the servic required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covena contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS In order to analyze the impacts of the City's Opportunistic Sand Program an( accordance with CEQA requirements, it is necessary to secure the appropriate perr and approvals from the following agencies: U.S. Army Corps of Engineers California Coastal Com m ission Regional Water Quality Control Board California State Lands Commission Rev. 8/2. 0 e - Therefore, the following services are requested: A. Conduct an inventory of existing regulatory agency permits for approve beach disposal operations and review permitting conditions for applicable requiremenl which may be required as part of Carlsbad’s program. This analysis shall include, bi not be limited to, the following projects: 1) San Diego Gas and Electric permits for disposal of dredge materii from the Agua Hedionda Lagoon for the Encina Power Plant. Disposal of dredged material as part of the Batiquitos Lagoo Enhancement Project. Approved permits for the on-going beach nourishment program i Moonlight Beach in the City of Encinitas. The U.S. Navy’s programs for disposal of dredge material from Sa Diego Bay. Other beach disposal operations currently approved or under revie within the San Diego County region. 2) 3) 4) 5) Compile and review accepted sand grain size criteria from the U.S. Am Corps of Engineers and the Technical Appendices from the San Diego Association Government’s (SANDAG) Shoreline Preservation Strategy. B. C. The consultant is required to establish minimum grain size and soil tyf criteria in order to define specific parameters to identify material which is compatible wi existing beach sand along Carlsbad’s coastline. The report shall also identify acceptat: chemical composition and testing requirements to ensure compliance with health ar water quality objectives. D. The consultant is required to evaluate the impacts of a direct dispos operation on portions of Carlsbad’s coastline and preliminarily analyze the potent 2 Rev. 8/24/! e e .I - environmental and community impacts of this program on the surrounding natun resources and existing land uses. The consultant should consider, but not be limited tc the following issues: DisPosal Site Criteria Equipment Access - truck and loader access to beach Disposal Operation - develop criteria for disposal operation Recreational disruption - minimal disruption Timing - during normal working hours (sound disruption) Safety - signing and safety personnel Not withstanding the two sites identified above, the City is interested establishing the ability to deposit beach quality material at locations which nee immediate attention. It is the intent of the City to establish permitting authority at ar location along the shoreline within the City boundaries in order to allow deposition 1 beach quality material at a location in need of nourishment depending on the physic conditions of the shoreline. E. The consultant is required to evaluate the proposed storage site adjacei to the Buena Vista Lagoon and preliminarily analyze the potential environmental ar community impacts of this program on the surrounding natural resources and existir land uses. The consultant should consider, but not be limited to, the following issue: Storaae Site Criteria Size - lot size will determine maximum amount of sand storage Truck Access - street access necessary for delivery truck entrance Beach Access - proximity to beach for cost efficient disposal Ownership - use agreements need to be secured Availability - evaluate property development potential Visual Impact - proximity to adjacent residential development 3 Rev. 8/24/! 0 0 .. , - F. The consultant shall develop an operations manual outlining the proces for the deposition of beach quality material. This manual is intended to outline th process of proper notification to the responsible agencies as well as describe a metho by which a grading contractor can follow in order to deliver and deposit compatibl beach quality material on the shoreline. G. The consultant shall prepare an initial Environmental Impact Assessmer Part I and II, on behalf of the City of Carlsbad (no processing fee required), and proces through the City’s Planning Department. The background information to be attached t the EIA shall evaluate various considerations such as: Storage Site Impacts Vegetation Critters Sand blown impacts visual Storage boundaries (walls, berms, coverage) Truck access impacts Disposal Site Impacts Sealife (Kelp) Turbidity Least Terns, Grunion Safety Disposal limits Disposal operation H. Permitting Agencies Requirements - The consultant shall prepare ar process, on behalf of the City of Carlsbad, the appropriate approvals and permits fro the following regulatory agencies: U.S. Army Cop of Engineers Regional Water Quality Control Board California Coastal Commission California State Lands Commission 4 Rev. 8/24/! 0 m 0. - 1. The consultant should also expect to attend, but not be limited to, th following meetings: One project kick-off meeting Two meetings with the Beach Erosion Committee Two Intermediate meetings Two meetings with each regulatory agency staff One meeting each with the respective agency Board One property owner workshops/meeting to be held at a City facility One Final Report meeting 2. CITY OBLIGATIONS The City shall provide the following: A. 8. C. A copy of the Shoreline Presenration Strategy. Copies of existing topographic mapping. Copies of permits from the Batiquitos Lagoon Enhancement Project ar SDG&E’s maintenance dredging of the Agua Hedionda Lagoon out basin. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt notification to proceed by the City and be completed within one hundred forty (140) da] of that date, Extensions of time may be granted if requested by the Consultant ar agreed to in writing by the Project Manager. The Project Manager will give allowanc for documented and substantiated unforeseeable and unavoidable delays not caused I a lack of foresight on the part of the Consultant, or delays caused by City inaction other agencies’ lack of timely action. 5 Rev. 8/24/! 0 W 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, "Payment c Fees," and shall be $39,542. No other compensation for services will be allowed excep those items covered by supplemental agreements per Paragraph 8, "Changes in Work The City resewes the right to withhold a ten percent (1 0%) retention until the project ha been accepted by the City. 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. Th contract may be extended by the City Manager for one (1) additional one (1) ye2 periods or parts thereof, based upon a review of satisfactory performance and the City' needs. The parties shall prepare extensions in writing indicating effective date and lengl of the extended contract. 6. PAYMENT OF FEES On the 1 st working day of each month, Consultant shall submit his/her invoice fc work performed during the prior month. Payment of approved items on the invoice shs be mailed to the Consultant prior to the 30th day of the month the invoice was submittec 7. FINAL SUBMISSIONS Within fourteen (14) days of completion of the final report and approval of tt permits from the respective regulatory agencies, the Consultant shall deliver to the Ci the following items: Rev. 8/24/< 6 0 e .. L A. 8. C. D. E. Ten (10) bound copies of the Final Report. One (1) unbound original set of the Final Report. One (1) proof copy of all maps. Text shall be submitted on computer disk in Wordperfect 6.0 format. The Final Report shall include approved permits and conditions, if any, from the respective regulatory agencies. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request a change in contract. Such changes shall be processed by the City in the following manner. A letter outlining the required changes shall be forwarded to the City by Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A supplemental agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or 7 Rev. 8/24/94 0 e contract, shall be reduced to writing by the principal of the Consultant or the City Projec Manager. A copy of such documented dispute shall be fowarded to both partie involved along with recommended methods of resolution which would be of benefit tc both parties. The City’s Project Manager or principal receiving the letter shall reply to thl letter along with a recommended method of resolution within ten (10) days. If thl resolution thus obtained is unsatisfactory to the aggrieved patty, a letter outlining th dispute shall be forwarded to the City Council for their resolution through the Office c the City Manager. The City Council may then opt to consider the directed solution to th problem. In such cases, the action of the City Council shall be binding upon the partie involved, although nothing in this procedure shall prohibit the parties seeking remedie available to them at law. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) day written notice to the other party. In the event of such suspension or termination, up0 request of the City, the Consultant shall assemble the work product and put same i order for proper filing and closing and deliver said product to City. In the event c termination, the Consultant shall be paid for work performed to the termination datt however, the total shall not exceed the lump sum fee payable under paragraph 4. Th City shall make the final determination as to the portions of tasks completed and th compensation to be made. Rev. 8/24/9 9 0 m 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s ow way as an independent contractor and in pursuit of Consultant’s independent calling, an( not as an employee of the City. Consultant shall be under control of the City only as ti the result to be accomplished, but shall consult with the City as provided for in th request for proposal. The persons used by the Consultant to provide services under th agreement shall not be considered employees of the City for any purposes whatsoeve The Consultant is an independent contractor of the City. The payment made 1 the Consultant pursuant to the contract shall be the full and complete compensation 1 which the Consultant is entitled. The City shall not make any federal or state ts withholdings on behalf of the Consultant or hislher employees or subcontractors. Tt City shall not be required to pay any workers’ compensation insurance or unemploymei contributions on behalf of the Consultant or his/her employees or subcontractors. Tt Consultant agrees to indemnify the City for any tax, retirement contribution, soci security, overtime payment, unemployment payment or workers’ compensation payme which the City may be required to make on behalf of the Consultant or any employee subcontractor of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform ar Control Act of 1986 and shall comply with those requirements, including, but not limit( to, verifying the eligibility for employment of all agents, employees, subcontractors ai consultants that are included in this agreement. 10 Rev. 81241 0 0 .* + 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to a applicable requirements of law federal, state and local. Consultant shall provide a necessary supporting documents, to be filed with any agencies whose approval i necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as here required are the property of the City, whether the work for which they are made t executed or not. In the event this contract is terminated, all documents, plan specifications, drawings, reports, and studies shall be delivered forthwith to the Cit Consultant shall have the right to make one (1) copy of the plans for his/her records. 17. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the woi pursuant to this contract shall be vested in City and hereby agrees to relinquish all clairr to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilitie penalties, fines, or any damage to goods, properties, or effects of any person whatevc nor for personal injuries or death caused by, or resulting from, any intentional negligent acts, errors or omissions of Consultant or Consultant’s agents, employees, representatives. Consultant agrees to defend, indemnify, and save free and harmless tl 11 Rev. 8/24/! e e -r City and its officers and employees against any of the foregoing claims, liabilitie penalties or fines, including liabilities or claims by reason of alleged defects in any plar and specifications, and any cost, expense or attorney’s fees which are incurred by tt City on account of any of the foregoing. 19. ASSIGNMENT OF CONTRACT The consultant shall not assign this contract or any part thereof or any moni due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under tt contract by the Consultant, Consultant shall be fully responsible to the City for the ac and omissions of Consultant’s subcontractor and of the persons either directly indirectly employed by the subcontractor, as Consultant is for the acts and omissions persons directly employed by Consultant. Nothing contained in this contract shall crei any contractual relationship between any subcontractor of Consultant and the City. T Consultant shall bind every subcontractor and every subcontractor of a subcontractor the terms of this contract applicable to Consultant’s work unless specifically noted to 1 contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City negotiate, make, accept, or approve, or take part in negotiating, making, accepting, approving of this agreement, shall become directly or indirectly interested personall) this contract or in any part thereof. No officer or employee of the City who is authorii Rev. 8/24 12 c ’. in such capacity and on behalf of the City to exercise any executive, supervisory, o similar functions in connection with the performance of this contract shall become directl! or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION \ No verbal agreement or conversation with any officer, agent, or employee of thi City, either before, during or after the execution of this contract, shall affect or modify an of the terms or obligations herein contained nor entitle the Consultant to any addition{ payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,‘ all term! conditions, and provisions hereof shall inure to and shall bind each of the parties heretc and each of their respective heirs, executors, administrators, successors, and assign: 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written abovi 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and tt City’s conflict of interest code, that the Consultant will not be required to file a conflil of interest statement as a requirement of this agreement. However, Consultant heret acknowledges that Consultant has the legal responsibility for complying with the Politic Reform Act and nothing in this agreement releases Consultant from this responsibilit Rev. 8/24/! 13 0 m %. r. 26. INSURANCE The Consultant shall obtain and maintain policies of general liability insurancc automobile liability insurance, and a combined policy of worker's compensation an employers liability insurance from an insurance company authorized to do business i the State of California which meets the requirements of City Council Resolution Nc 91-403 in an insurable amount of not less than one million dollars ($1,000,000) eac unless a lower amount is approved by the City Attorney or the City Manager. Tt insurance shall be in force during the life of this agreement and shall not be cancelc without thirty (30) days prior written notice to the City sent by certified mail. ... ... ... ... ... ... ... ... ... ... ... ... ... 14 Rev. 8/24/ 0 a *, 6 The City shall be named as an additional insured on these policies. T Consultant shall furnish certificates of insurance to the City before commencement work. / t 1% Executed by Consultant this /gfi day of & ed-m CONSULTANT: CITY OF CARLSBAD, a municipal corporation of the State of California MOFFATT AND NICHOL, ENGINEERS (name of Consultant) By: Mayor (sign here) ATTEST: TIMOTHY J. RELLAFORD WALTER E. HURTIENNE (print name here) VICE-PRESIDENT SECRETARY (title and organization of signatory) ALETHA L. RAUTENKRANZ City Clerk (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign corporations. If only one officer signs, the corporation must attach a resolution certif by the secretary or assistant secretary under corporate seal empowering that officer bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY Lt2.k Bqwty City Attorney ft. 2-d' 9 4 15 Rev. 8/24