HomeMy WebLinkAbout1998-02-03; City Council; 14538; APPROVING A CONSULTANT AGREEMENT FOR DESIGN SERVICES FOR PHASE I AND II FOR FARADAY AVENUE EXTENSION WITH O'DAY CONSULTANTS, INC., PROJECT NO. 3593t
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TITLE: APPROVING A CONSULTANT AGREEMENT
FOR DESIGN SERVICES FOR PHASE 1 AND II FOR MTG. 2/03/98 FARADAY AVENUE EXTENSION WITH
O’DAY CONSULTANTS, INC., PROJECT NO. 3593 DEPT. PW 4 CITY MGR.e
RECOMMENDED ACTION:
Adopt Resolution No. 98 -2q approving a consultant agreement with O’Day Consultants, Design Services for Phase I and II for Faraday Avenue Extension, Project No. 3593.
ITEM EXPLANATION:
Faraday Avenue currently terminates at the boundary of Carlsbad Research Center Unit V a future Veterans Memorial Park (Macario Canyon). The scope of the consultant agreement inch conceptual design and environmental permitting for the alignment of Faraday Avenue from the e terminus to Cannon Road. Although Cannon Road is not constructed at this time, it is anticipatt
ultimate configuration of these improvements. construction will begin within the next year, The scope of this consulting agreement will defi
Statements of Qualifications were received from six consulting firms. The staff Consultant Sel Committee recommends that O’Day Consultants, Inc. be retained to perform the service based 01 experience and background on projects of a similar nature. O’Day Consultants, Inc. was the qualified firm to perform the services.
The work effort included in this agreement deals only with Phase I and II of the project. PI requires the formulation of an acceptable conceptual plan for the roadway to obtain information 1 preparation of the environmental documents. Phase II of the project will consist of the preparatic processing of the environmental documents.
Staff recommends that the City Council approve the attached consultant agreement with ( Consultants, Inc. for preliminary design service and preparation of environmental document! processing of permits as described in the attached consultant agreement, Exhibit 3.
ENVIRONMENTAL IMPACT:
Street Improvements included in the City’s Circulation Element are consistent with the City’s Gc Plan. The level of activity contained in this scope of work regarding CEQA is defined as CI: Information Collection, and is categorically exempt from CEQA. This contract does not autt preparation of plans, specifications and estimates.
FISCAL IMPACT:
The fee included in the attached agreement with O’Day Consultants, Inc. is $188,055. Sufficient are available in the project account.
EXHIBITS:
1. Location Map.
2. Resolution No. 98 24 approving a consultant agreement with 0,Day Consultants, In Design Services for Phase I and II for Faraday Avenue Extension with O’Day Consultants, Project No. 3593.
3. Agreement for Design Services for Phase I and II for Faraday Avenue with O’Day Consult
Inc., Project No. 3593.
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' ll RESOLUTION NO. 98-711
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH ODAY CONSULTANTS, INC. FOR DESIGN
SERVICES FOR PHASE I AND II FOR FARADAY AVENUE,
PROJECT NO. 3593.
WHEREAS, the City Council of the City of Carlsbad has previously appropriated fund:
Faraday Avenue through the Capital Improvement Program; and
7 WHEREAS, Statements of Qualifications have been solicited to prepare prelimit
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firms; and 9
design plans, environmental documents and environmental permitting from qualified enginee
10 WHEREAS, O'Day Consultants, Inc. was selected as the most qualified to prepare
11 preliminary plans, environmental documents and environmental processing for a fee of $1 88,l
12 and that sufficient funds are currently available in the project account; and
13 WHEREAS, the level of activity contained in the scope of the consultant agreer
regarding CEQA is defined as Class 6, Information Collection, and is categorically exempt fi
CEQA; and
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15 WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
WHEREAS, the consultant agreement with O'Day Consultants, Inc., has been prepa 16
17 and submitted hereto.
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb
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California, as follows:
2. That a consultant agreement with ODay Consultants, Inc. for preparation 21
1. That the above recitations are true and correct.
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as described in the attached agreement is hereby approved and the Mayor and City Clerk E
preliminary plans, environmental documents and environmental processing for Project No, 3:
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hereby authorized and directed to execute said agreement.
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3. Following Mayor's signature of the agreement, the City Clerk is further author
2 and directed to forward copies of said agreement to O'Day consultants, Inc. and he P
3 Works Department, Engineering Division, Transportation Section, Design and Planning Grour
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City COI 5
held on the 3rd day of February , 1998 by the following vote, to wit:
6 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
7 NOES: None
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/ATTEST:
17, l2 I Wad 2- a!.&- ALETHA L. RAUTENKRANZ, City Clerk 1 (SEAL)
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AGREEMENT FOR
DESIGN SERVICES FOR PHASE I AND II FOR
FARADAY AVENUE WITH O'DAY CONSULTANTS, INC.,
PROJECT NO. 3593
THIS AGREEMENT is made and entered into as of the .5fh day of
F e RRurret ,19d, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and O'DAY CONSULTANTS, INC.,
hereinafter referred to as "Contractor."
RECITALS
Ci requires the services of a Contractor to provide the necessary design
services for preparation of preliminary design plans and environmental reports,
documents, and regulatory agency permitting; and Contractor possesses the necessary
skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTORS OBLIGATIONS
The Contractor shall perform the requirements as detailed in the scope of work
attached hereto as Exhibit "A" and incorporated herein.
2. CITY OBLIGATIONS
The City shall provide blueline copies of improvement pfans, City titleblock in
AutoCAD, City's boilerplate specifications, copies of existing information City has on
Faraday, and title reports.
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3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt of
notification to proceed by the City and be completed within three hundred ninety (390)
days of that date assuming an EIR is not required. Extensions of time may be granted
if requested by the Contractor and agreed to in writing by the Public Works DirectorEity
Engineer. The Public Works DirectorlCity Engineer will give allowance for documented
and substantiated unforeseeable and unavoidable delays not caused by a lack of
foresight on the part of .the Contractor, or delays caused by City inaction or other
agencies' lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed for Phase I and If shall be
$188,055. No other compensation for services will be allowed except those items
* covered by supplemental agreements per Paragraph 8, "Changes in Work." The City
resewes the right to withhold a ten percent (10%) retention until the project has been
accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (I) year
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,oenads Or ParfS thered, based upon a review of satisfactory performance and the CiWs
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Wthin five (5) days of completion and approval of each task, the Contractor shall
deliver to the City the following items:
Phase I - Preliminary Studies
Task I: Preparation of a 40-scale topographic map with encumbrances and
Deliverable: 40-scale mylar, diskette AutoCAD Ver. 14 (or current version).
constraints.
Task II: Preparation of preliminary alignment studies.
Deliverable: $0-scale mylar, diskette Ver. 14 (or current version).
Task 111: Preliminary environmental studies.
Deliverable: Reports (5 original sets).
Task IV: Preliminary geological/geotechnical (including environmental)
Deliverable: Reports, signed and sealed as appropriate (5 original sets).
Task V: Preliminary traffic analysis
Deliverable: Report (signed and sealed as appropriate (5 original sets).
Task VI: Revised constraints, encumbrance, preferred alignment 40-scale
Deliverable: 4Gscale mylar, diskette Ver. 14 (or current version)
studies.
plan
NOTE: All deliverables inctude reductions as necessary for subcontractors
and agency review.
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Phase II - Environmental Review
Task I: Geotechnical Investigation
Deliverable: Draft and final reports per scope of work,
Task 11: Geotechnical Environmental Studies
Deliverable: Draft and final reports per scope of work.
Task ill: Environmental Impact Analysis Part I and Environmental impact Report. NOTE: Goal is to coordinate early with agencies to
provide mitigations for significant and incidental impacts and
process a negative declaration. Ail parties understand agencies
may require an Environmental Impact Report.
Deliverable: Documents/reports/exhibits as necessary to achieve Mitigated
Negative Declaration or Environmental impact Report, Statement of Overriding Considerations (5 original sets of all documentsheportdexhibits signed and sealed as appropriate).
Task 111: Preliminary street design. Deliverable: 40-scale mylar, diskette AutoCAD Ver. 14 (or current version).
NOTE: All deliverables indude reductions as necessary for subcontractors
and agency review
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor 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 Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shalt be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
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9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or 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,
the City shall have the right to annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor, The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the Public Works Director/City
Engineer. The Public Works DirectorKity Engineer shall make a determination of fact
based upon the documents delivered to City of the percentage of work which the
Contractor has performed which is usable and of worth to the City in having the contract
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completed. Based upon that finding as reported to the City Manager, the Manager shall
determine the final payment of the contract.
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 Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to Ci. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the Public Works Director/City Engineer. A copy of such documented dispute shalf
be forwarded to both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The Public Works Director/Ci Engineer or
principal receiving the letter shall reply to the letter along with a recommended method
of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for
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their resolution through the Office of the City Manager. The City Council may then opt
to consider the directed solution to the problem. In such cases, the action of the City
Council shall be binding upon the parties involved, although nothing in this procedure
shall prohibit the parties seeking remedies available to them at law.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections. 92650 et sea., the False Claims Act, provides for
civil penalties where a person knowingly submits a false daim 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 the City ofcarlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the fifing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to fwe years. The Contractor acknowledges debarment
by another jurisdiction is gro for the City of Carlsbad to disqualify the Contractor
from the selection process, fi nitial)
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The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
b 3.3 -027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
nitial)
I 14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
theContractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitied. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hidher employees or subcontractors. The
City shall not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of the Contractor or hidher employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the Ci from any
balance owing to the Contractor.
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The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contr+ctor shall have the right to make one (1) copy of the plans for hidher records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
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18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claimsi damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein caused 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.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fuify responsible to the City for the acts
and omissions of Contractor's subcontractor and of the persons either directly or
indirectly employed by the subcantractor. as Cantractat is for the ads and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shalt bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
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21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested permnally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or lmodify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shail bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
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25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City's conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A consultant. The
disclosure category shall be all categories.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
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 work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of Catifomia. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
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1. Comprehensive General Liability insurance. $1,000,000 combined
singletimit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of fnre years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the folfowing provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
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3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from €he Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
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27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on 'behalf of the City and on behalf of the Contractor in connection with
the foregoing are as foliows:
For City: Title Associate Engineer
Name Sherri Howard
Address City of Carlsbad / Engineering Department
2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
For Contractor. Title President
Name Patrick N. O'Day
Address O'Day Consultants
2320 Camino Vida Roble
Carlsbad, CA 92009
Architectkicense Number: R.C.E. 27214
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carisbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
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hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this 19 day of
By: (-444 CONTRACTOR: CITY OF CARLSBAD, a municipal
O'DAY CONSU ANTS, INC.
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h re)
ATTEST:
(sign here). W
Patrick N. O'Dav/Secretarv (print namehitle) AL%Z!5iii% City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY Wputy City Attorney
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. ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I
I I State of California 1 Countyot sari Diw
j On I 1 personally appeared
I @ personally known to me
t to be the person(@ .whose name(%) is/-
I subscribed to the within instrument and ac-
I knowledged to me that hekb&t&my executed
, the same in his/&w'+kn & authorized
1 capacity(ies), and that by his/-
I signature@) on the instrument the persono,
I
Januarp 19. 1998 before me, Cathlprm E. Bnuirre. Notarv Public I
Patrick N. O'Day 9
DATE NAME, TlTLE OF OFFICER - E.G., *JANE OOE. NOTARY PUBLIC
I NAME(S) OF SffiNER(S)
i
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or the entity upon behalf of which the
person(*) acted, executed the instrument,
- A WITNESS my hand and official seal.
bqhw, C
0 SIGNAN* NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL kd CORPORATE OFFICER
I. presiadent and Secretarv
IIREIS)
City of Carlsbad Agreement
TITLE OR TYPE OF DOCUMENT
n PARTNER(S)
a ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIAPVWNSERVATOR
[3 OTHER undated
E ::ELL 29 pages
TRUSTEE(S)
DATE OF DOCUMENT
SIGNER IS REPRESEMINO: NAME Of EASON(S) OR ENTITY(IES) NIB O'Dap Consultants. Inc. SIGNER@) OTHER THAN NAMED ABOVE
-~ .. .. - ~~ . -" ~ ~ ~ .. ~~ ~-~ ~
GI1993 MlONAL NOTARY ASSOCIATION '8236 Remrnet Ave., P.0. Box 7184 * Canoga Park, CA 9131X1.71
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EXHIBIT A
FARADAY AVENUE - PROJECT 3593
SCOPE OF WORK
PHASE I
Task I. Immediately upon notice to proceed, the ODay Consultants’ team (Consultant)
will begin research to obtain record maps and plans for existing facilities, and wilt
set aerial control targets, tied to the Aerial Mapping Control for the City of Carlsbad (ROS 13868) for topographic mapping.
Consultant will perform aerial photography and prepare a topographic map at
1”=40’ scale, with two foot contour intervals. It. is anticipated that the aerial
weeks of notice to proceed if the weather is clear. It is our understanding that
enough area to accommodate alternative alignments is to be mapped, so our proposal indudes the whole of the Veterans Memonat Park, APNs 212-010-05 and 11.
Deliverable: Blueprints for plancheck as required in Table I, 40-scale mylar, diskette AutoCAD Ver. 14 (or current version)
photography =n be flown and the topographic mapping be prepared within eight
Task II. Consultant will prepare preliminary alignments at 40-scale using the existing
sewer alignment City drawing number DWG 294-1s and the alignment alternatives from the Proposed Faraday Alignment Study dated 2-4-88 and revised 3-3-88. This preliminary alignment will be used in the preparation of the
preliminary environmental studies.
Deliverable: Blueprints for plancheck as required in Table 1, 40-scale mylar, diskette AutoCAD Ver. 14 (or current version)
Task 111. Consuttant will review necessary environmental information related to me project
available from the City and other sources. These documents include the preliminary road alignment studies that have been prepared for the project, previous environmental documentation for the Macario Canyon Park, and other
related studies included in the City’s existing environmental database. Consultant will survey the project area and surrounding areas to identify local
conditions of the natural environment, land use, traffic and general environmental setting of the project. Biological resources and cultural resources memorandums
will be prepared and provided to the City based on the reconnaissance to assist
in determining a preferred alignment for the Faraday Avenue extension.
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A. Impacts to biological resources will be described in terms of: sensitive
plant and animal species present on site that may be affected by the project: and any new federal and state listings of endangered plant and animal species associated with the site. Mitigation measures will be
developed, including project design elements which avoid or significantly reduce impacts where appropriate. A standard wetland delineation report
meeting Army Corps of Engineers protocol will be prepared covering the identified portion of the wetlands on-site. . The Consultant team has
recently conducted a general survey in vicinity of the project area as part
of the Municipal Golf Course EIR. However a detailed biological sunrey
will need to be prepared for the project area. Of particular interest is fhe
destruction of wetlands, Least Bell’s Vireos, and Gnatcatchers, as well as
the extent of sage scrub that may be impacted. Two sensitive plants have also been identified on a nearby site in spring 1997 surveys
conducted by the Consultant team. Consultant will be responsible for preparing and processing all permits, as applicable with resource
agencies affected by the proposed project. These permits are anticipated to include Department of Fish and Game Streambed Alteration (1601) and U. S. Army Corps of Engineers 404 permits.
B. Consultant wifl prepare the archeological resources assessment for inclusion in the EIR, including a complete literature review, records
search, cuftural resource survey of previously unsurveyed areas, relocate previously recorded cultural resources and spot check high probability areas. The cultural -resources report will meet the qualifications for cultural resource professionals and report preparation required by City
guidelines. The majority of the project site was surveyed for
archaeoiogical and pa’leontological resources through previous environmental analysis associated with the Macario Canyon Park and
Carlsbad Municipal Golf Course, however additional surveys will need to be conducted to supplement the existing survey of the area. The fee for the cultural resources report is given as an estimate, not to be exceeded without City authorization, due to uncertainty of resources encountered.
Deliverable: Reports in draft form to be distributed as detailed in Table 1,
5 original copies of the final report and one unbound copy with exhibits.
C. The City has not made a final determination as to the environmental
documentation that will be required for the project and will rely upon the Consultant prepared lnitial Study (Environmental Impact Assessment - Part I). Due to the project’s potential to impact significant biological and cultural resources, it is anticipated that an Environmental Impact Report
(EIR) may be required. However, a Mitigated Negative Declaration may
be prepared instead of an EIR depending on conclusions reached
following completion of an Initial Study.
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A detailed project description and Notice of Preparation (NOP) will be
prepared and submitted for review by City staff, to insure that Consultant
understands all aspects of the project before beginning detailed analyses.
The project description narrative and maps will include the project
location, potential interactions with nearby projects, related actions
local and region plans, and a list of the agencies required to act on the project proposal and the sequence of approvals. The project description
will also include the project objectives and a statement of benefits that may accrue and what needs are met by the project. The project
objectives and statement of justification, and final project description will be prepared after consultation with City staff. Based on the findings of
the Initial Study, the City will determine whether an MND or EIR will be prepared as environmental documentation for the project. The final project description, Initial Study and NOP will be submitted to the City for
distribution to other public agencies and interested parties. .
To identify cumulative impacts, related projects must be defined early in the EIR process. Consultant will work with the City to prepare a draft list
of related projects for review. Consultant will also identify assumptions regarding regional growth forecasts and General Plan buildout,
absorption rates, and other factors important in estimating cumulative
associated with the roadway extension, the relationship of the project to
impact for use in analysis of biology. traffic and other impacts.
Deliverable: Initial Study (EIA - Part 1) project desm'ption and Notice of Preparation and related reports in draft form to be distributed as detailed in Table 1, five originals of reports and one unbound copy with exhibits, one unbound original set of EIA - Part I, project description and Notice of Preparation.
Task IV. Consultant will perform a geotechnical reconnaissance to include:
A. A review of pertinent reference documents regarding the geotechnical
conditions at the site.
B. A geotechnical reconnaissance visit and report of the site.
Deliverable: Reports in draft form to be distributed as detailed in Table I, 5
original copies of the final report and one unbound copy with exhibits.
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Task V, Consultant will document existing traffic in the vicinity of the project, coordinate
with appropriate agencies and parties, obtain applicable background reports and
traffic count data; and report existing ADTs in the area. The Initial Traffic Study
will focus on the horizon year (2015) to identii the roadway and intersection
needs. Due to the absence of roads and development in the area, an existing or
short-term analysis is not necessary. No existing trafic counts will be conducted. Consultant team will coordinate with appropriate agencies and
parties to obtain applicable background reports and traffic count data.
Consultant will obtain horizon year ADT’s and AM/PM peak hour turning
movements for the following key intersections using the City‘s version of SANDAG’s Series 8 Model: Cannon Road at Pas- del Norte; Cannon Road at
Faraday Avenue; Cannon Road at El Camino Real; College Boulevard at
Palomar Airport Road; College Boulevard at Faraday Avenue; and, College
Boulevard at El Camino Real. Consultant will further calculate the intersection and street segment levels of service; identii the intersection lane geometry necessary to obtain acceptable levels of service. For the =no project” alternative,
Consultant will, obtain horizon year ADTs and AWPM peak hour turning movements at the above listed intersections, calculate the intersection and street segment LOSS. Consultant will prepare a Traffic Report with an appropriate text, tabular and graphic material for inclusion in the Initial Study, and prepare
responses to comments to the Initial Study.
Deliverable: Reports in draf€ form to be distributed as detailed in Table 1, 5 original copies of the final report and one unbound copy with exhibits.
Task VI. After preparation of the aerial topographic map, Consultant will meet with the
City to determine the desired alignment and to identify alternatives. Consultant will prepare a 40-scale preliminary design street pian for review by the Cii, including a .preliminary profile of a gravity sewer in the street, constraints and encumbrances.
Deliverable: Blueprints for plancheck as required in Table 1, 40-scale .mylar,
diskette AutoCAD Ver. 14 (or current version)
All deliverables include reductions as necessary for subcontractors and agenGy review,
PHASE I1
Task 1. Consultant will conduct a geotechnical investigation to include:
A. Evaluation of the subsurface conditions below the proposed roadway by
excavation of up to 10 exploratory borings (2 of the borings may need to be large diameter borings to evaluate’ the presence of slope instability) and 10 trenches for the southern alternative alignment; or 7 large
diameter borings, 6 small borings and 10 trenches for the northerly alternative alignment.
B. Geologic logging of the borings and trenches with six hours of dozer time
for the southerly alternative alignment or 20 hours of dozer time for the
northerly alternative alignment.
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C. Obtaining representative soils samples during drilling to perform
geotechnical and environmental laboratory testing and analysis, as
appropriate.
D. Geotechnical analysis of data obtained.
E. Preparation of a report addressing the geotechnical conditions at the site with respect to the proposed development, specifically: . description of the site, proposed development, and general site geology; subsurface soil
compressible soils and ground water levels encountered; local and regional seismicity, including design earthquake; evaluation of
. liquefaction potential; descn’ption of investigative techniques, including
conditions including the presence of potentially expansive or
logs of all borings: preliminary pavement design; recommendations on fill placement earthwork; and, slope stability evaluation.
Deliverable: Reports in draft form to be distributed as detailed in Tabte 1,
5 original copies of the final report and one unbound copy with exhibits.
Task II. Consultant will conduct geotechnical environmental studies to include:
A. Preparation of a Site Safety Plan (SSP) to address safety aspects of the
‘ work to be performed at the site. The SSP will be in compliance with the Occupational Safety and Health Administration (OSHA) Regulation 29
CFR 1910.120. Additionally, all proposed boring locations will be clearly marked with white pain and Underground Service Alert (USA) will be
contacted prior to field activities to mark utility locations.
B. Collection of approximately one soil sample every 500 feet along the right-of-way, at depths of 0.5 feet, 1.0 feet, and 3.0 feet below grade. Upon collection the soil samples will be relinquished to a certified
hand-augured boring. laboratory. All soil generated during drilling will be placed back into the
C. Each 0.5 foot soil sample will be tested for: organochlorine pesticides by
EPA Test Method 8080; total phosphate by SMNWV 4500 PE; total Kjeldhal nitrogen (TKNB) by EPA Method 351.1; and, pH according to
EPA Method 904%. if a concentration is detected that is above the established residual USEPA Preliminary Remediation Goal SPRGs), the
next lower sample will be analyzed, additional analyses will be $220.00
per each sample. This will be conducted to assess the near surface vertical extent fertilizer and organochloride pesticide contamination. All
laboratory tests will be performed on a normal 10 working day turn
around time.
De/hemb/e: Reports in draft form to be distributed as detailed in Table 1,
5 original copies of the final report and one unbound copy with exhibits.
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Task 111. Consultant will prepare a complete screencheck draft Mitigated Negative
Declaration ("3) or EIR, mitigation monitoring and reporting program (MMRP), and technical appendices for review by City staff prior to publication. The
document organization described is designed to meet the requirements of CEQA
and CEQA guidelines for. an EIR. The screencheck draft will include all text,
tables and figures. Consultant will contact appropriate agencies and individuals as identied by the City regarding potential impacts of the project on those agencies and individuals, to obtain information for the draft MND or EIR. Consultant will prepare two screen checks for review by the City, in preparation for the draf& MND or EIR. ' if a MND is required Consultant will prepare a first
screencheck draft that includes: description of the project; location of the
project; proposed finding that the project will not have a significant effect on the environment following implementation of mitigation measures; copy of environmental Initial Study, documenting reasons to support the MND finding;
and, mitigation measures to avoid significant environmental impacts of the
project. If an EIR is required, Consultant will prepare a first screencheck EIR that will include the following:
A. An introduction to summarize the legal role and purpose of the EIR in the development process, and the use, structure and scope of the EIR.
B. An executive summary to identify each significant effect of the project;
areas of controversy including issues raised by agencies and the public, and' issues to be resolved including the choice among alternatives and whether or how to mitigate significant effects. The executive summary
will be formatted to dearly identify appropriate agency findings with regard to mitigation measures and significant effects of the project in each environmental issues area analyzed. Exhibits will include project
and comparison of alternatives. maps, a project description table. environmental impacts and mitigation,
C. The project description will include a description of the proposed project, project alternatives, and the "no project" alternative. The project
description will include project maps location and describing the proposed project and its characteristics, related plans, required discretionary actions and a table and diagrams describing the alternatives considered
in the EIR. Exhibits will include a regional setting map, project iocation and boundaries map, parcels table, comparison of alternatives table, and
others as appropriate.
D. The environmental settings section wilt briefly describe the regional and
local environmental settings of the proposed project. A more detailed
descriptor of the environmental setting will be included in the following section discussing project impacts and mitigation measures.
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E. The environmental impacts and mitigation measures section will discuss
the environmental settings, basis (or thresholds) for determining' impact
significance, significant 'environmental effects and unavoidable adverse
impacts, mitigation measures for each of the project impacts, level of
significance after mitigation (residual impact), and the MMRP relationship
for organized in accordance with the CEQA guidelines. Each
enGronmental factor with potentially significant effects will be discussed
in the following sections:
Environmental setting, induding the current state of the environment and
any applicable local or regional plans affecting the environmental factor.
Thresholds of significance to describe the standards or criteria which act
as the basis for determining whether or not a project impact is significant. Consultant will work directly with City staff to develop thresholds based
on existing City policy and standards, or other recognized impact standards. This section provides an important part of the evidence in the
record that courts seek when determining whether or not an agency has property found an effect to be significant or not significant.
Project-level and cumulative environmental impacts wifl be qualitatively
and quantitatively analyzed to the extent possible. Where it is possible to quantitatively measure impacts (e.g., acreage of vegetation), factors
approved by the City will be utilized. Whenever appropriate, the
quantitative analysis will be based on the City standards with input
regarding threshold standards for the affected service providers (i.e.. Carlsbad Municipal Water District, etc.).
Mitigation measures will be distinguished between mitigation measures induded in the EIR and other measures not included but which could
reasonably be expected to reduce adverse impacts if included in the proposed project. Where several mitigation measures are available, the basis for selecting from among will be discussed. The discussion of mitigation measures will provide the background for findings under section 15091(a) of the CEQA guidelines. Mitigation measures will be discussed in sufficient detail to provide the basis for a mitigation
monitoring and reporting program.
The environmentat factors to be analyzed in the EIR are:
1. Land use compatibility is anticipated to be generally compatible
in terms of: land use compatibility between the proposed roadway
extension and adjacent uses; and conformance with current City
plans, policies and ordinances, including the General Plan, Circulation Element, Scenic Corridor Guidelines, Landscape
Guidelines, and Open Space/Conservation/Resources
Management Pian. Existing and proposed land use compatibility
impacts also need to be addressed in relation to the Carlsbad
Municipal Golf Course and the Veterans Memorial Park.
with the surrounding land uses. Project impacts will b'e described
23 rev. 10/22/97
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2. Impacts to air quality will be described in terrns of: construction
related emissions; relation to existing state and federal standards,
and region air quality attainment plans; and, the potential for hot
spot occurrence from project implementation. Consultant will utilize air quality modeling spreadsheets developed by CBA which
implement the methods of the SCAQMD CEQA handbook, to estimate vehicular emissions. Vehide trip emissions will be projected. The spreadsheets will be used to estimate emissions
air quality impacts by selecting appropriate mobile source
mitigation measures.
after implementation of mitigation measures to address significant
3. The hydrological settings of the project site will be described in
terms of general drainage characteristics, surface flow direction,
quantities and existing water quality. Recommendations will include detention or retention basins and other Best Management
Practices (BMP) to optimize storm water runoff quality and to mitigate the impact of the roadway on storm drain runoff. Increased runoff form additional impervious surfaces, along with
courses such as Macario Canyon to the west of the project and
the Agua Hedionda Lagoon to the north of the project.
urban pollutants (Le., oil, grease) that may impact area water
4. The visual impacts of landform alteration due to grading will be assessed in terms of the Ci’s Scenic Corridor Guidelines, and mitigation measures will be proposed for any identified impacts.
5. Potential impacts to agricultural resources will be describe in terms of: the feasibility of continued agricultural operations and
viability where project grading may affect otherwise suitable agricultural soils; and the significance of the loss of the site as agricultural land. A majority of the site is currently used for
agricultural purposes however; no portion of the property is subject to a Williamson Act Land Conservation Contract.
6. Noise impacts associated with the project will be described in terms of: consistency with General Plan Noise Element policy and standards; and City noise ordinance standards and
requirements. The project will increase noise as a result of trafic. Recreational uses will be located adjacent to the proposed
extension. Mitigation for impacts will focus on design and
construction techniques which can reduce noise impacts to proposed and surrounding land uses.
7. The geotechnical report will be utilized to assess probable impacts
associated with construction and use of the Faraday Avenue
extension. Mitigation measures identified in the geotechnicsl report will be used to address any significant environmental
impacts.
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F. Consultant will prepare an EIR that describes a range of reasonable
alternatives to the project, or to the location of the project, which would
feasibly attain most of the basic objectives of the project, but would avoid
or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. Consultant will
examine two alternatives: the %o projet2 alternative; and an alternative
alignment. The specific description of the alternative alignment will be
based on discussion and agreement between the City and the Consultant
team, in conjunction with preliminary design studies for the roadway. Exhibits will indude caparisons of environmental effects of the
alternatives, graphic exhibits of alternatives as appropriate. To allow
decisionmakers to easily weigh the advantages and disadvantages of the alternatives compared to the proposed project, Consultant wilt indude
a matrix comparing the relative impacts of each alternative and a
narrative description of the environmental advantages and disadvantages
of each alternative.
G. The analysis of long-term effects will focus on cumulative impacts, growth-inducing impacts, unavoidable significant impacts, and areas of no significant impacts:
1. All identifiable cumulative effects will be discussed to clearly separate the project effects from effects which are only significant when combined with effects of other projects. Other known
projects include the development in Carlsbad and surrounding communities.
2. The potential for the project to induce growth in nearby areas through the extension of the roadway will be identified. Indirect
and direct growth inducing impacts caused by the project will be evaluated.
3. Based on analysis provided in the EIR, areas of signifitant impact that cannot be reduced to a less than significant level will be
identified.
4, Areas of no significant impact identified in the Initial Study will be listed with a brief justification for the finding.
H. Organizations, persons and documents consulted, and involved in the preparation of the EIR will be identified.
1. Appendices. will include a copy of the NOP, ' Responses to Comment on
the Draft EIR and Comment Letters, and the associated EIR technical reports.
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J. A separate Mitigation Monitoring and Reporting Program will be prepared with the screencheck draft EIR and will include monitoring team
qualifications, specific monitoring activities, a reporting system for
evaluating the success of the mitigation measures.
Consultant will prepare a draft MND or EIR, MMRP and appendices for
distribution and public review.
Consultant will prepare responses to comments by the public and public agencies on the draft MND or EIR, and complete the Final MND or EtR incorporating changes in response to comments received.
An optional task not presently included in the project budget is the preparation of
draft Findings of Fact pursuant to CEQA guidelines for significant environmental effects of the project, and a draft Statement of Overriding Considerations if
required for City Council action.
Consultant will meet up to 10 times with City staff, or City-identified parties to initiate the project, manage EIR preparation and resolve issues, review staff
comments on screen check draft documents and review. Consultant will participate and provide expert testimony at up to two public hearings before the Planning Commission and City Councit.
Deliverables: DocurnentslReportsExhibits as necessary to achieve Miitigated Negative Declaration or Environmental Impact report, Statement
of Overriding Considerations (5 original sets of all
documentlreportdexhibits signed and sealed as appropriate)- If an EIR is done 26 copies of Screen 1, 2, 3, and Draft EIR and Appendices. 26 copies screeddraft EIR Monitoring Report, IO copies response to comments, 1 unbound final EIR, 30 boun and
any other associated Technical Reports final EIR
Task IV. Consultant will refine the preliminary street design and prepare a preliminary hydrology study for review and approval by the City. The revised preliminary street design will attempt to balance the earthwork onsite, adjust to geotechnical .
recommendations, indude pretiminary intersection lane geometry
recommendations and attempt to minimize disturbance of environmentally
sensitive areas identified in the Initial Study.
Deliverdbe: Blueprints for plancheck as required in Table 1, 40-scale mylar,
diskette AutoCAD Ver. 14 (or current version)
All deliverables include reductions as necessary for subcontractors and agency review.
26 rev. 10/22/97
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