HomeMy WebLinkAbout1998-03-10; City Council; 14590; Preliminary Design of Melrose DriveMTG. 3/10/98 AND A CONSULTANT AGREEMENT
FOR THE PRELIMINARY DESIGN OF MELROSE DRIVE
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DEPT. ENG
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CITY MGR. 5
RECOMMENDED ACTION:
1. Adopt Resolution No. '?f" 70 approving an agreement between the City of Vista 2
the City of Carlsbad for the preliminary design of Melrose Drive and appropriating $50,(
for a design study.
2. Adopt Resolution No. '?f- 7/ approving a consultant agreement with Rick Engineer
for preliminary design of Melrose Drive.
ITEM EXPLANATION:
Melrose Drive is planned to extend from North Santa Fe Road in the City of Oceanside, through
City of Vista to Rancho Santa Fe Road in the City of Carlsbad. Within the City of Carlsbad,
street is a six lane prime arterial. Construction in the City of Vista south to its border with Carlst
has been completed. Construction of Melrose Drive from Palomar Airport Road to Alga Roac
scheduled to be completed in May 1998 in Carlsbad.
Only a small gap (approximately 1,800 feet) will then exist between Carlsbad's city limit with Vi
and Palomar Airport Road. This section will be required to be installed by the adjacent propc
owners when the property is developed. There are no current development plans submitted
approved on these two properties. The City of Vista desires to accelerate the road construci
and has offered to pay half the cost of a preliminary design study that would develop alternati,
for a four-lane roadway with an unimproved median, determine environmental impacts and 5
preliminary costs. The City of Carlsbad will attempt to form a reimbursement agreement
Melrose Drive and include all costs of the preliminary design study in the costs to be reimburse(
each party.
The agreement names the City of Carlsbad as the lead agency and also says that the City of V'
must concur in the selection of a consultant. Proposals were received from eight consulting fir1 a The staff selection committee recommends that Rick Engineering perform the services based
their experience and background with projects of a similar nature.
Approval of the agreement with the City of Vista and the approval of the consultant agreement
result in a report of alternatives and costs from which the next step in this project may
determined. Prior to the initiation of the final design, a report on potential traffic impacts to Palot
Airport Road will be completed for City Council review.
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ENVIRONMENTAL:
Street improvements included in the City's Circulation Element-such as Melrose Drive-
consistent with the City's General Plan. This contract is for preparation of environme documents in compliance with CEQA and does not authorize preparation of plans, specificatic
and estimates.
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FISCAL IMPACT:
The estimated cost of the preliminary design study is $50,000. Staff requests that $50,000
appropriated for this project. Of that amount, $25,000 will be received from the City of Vista wit1
thirty (30) days of the execution of the consultant agreement and $25,000 will come from 1
General Capital Construction Fund.
EXHIBITS:
1. Location Map.
2. Resolution No. 9g-70 approving an agreement between the City of Vista and the (
3. Resolution No. $8-7/ approving a consultant agreement with Rick Engineering
of Carlsbad for the preliminary design of Melrose Drive and appropriating $50,000 fo
design study with agreement between Vista and Carlsbad, attached.
preliminary design of Melrose Drive, attached.
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PROJECT NAME MEL ROSE DRWE PROJECT
NUMBER
EXt
PALOMAR AlRPORT ROAD TO ClTY L/M/T 3598
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1 RESOLUTION NO. 98-70
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF VISTA AND THE CITY OF CARLSBAD
4 FOR THE CONSTRUCTION OF MELROSE DRIVE.
5 WHEREAS, Vista and Carlsbad share a common city limit boundary; and
6 WHEREAS, said city limit boundary crosses the established and future right-of-wz
7 Melrose Drive; and
8 WHEREAS, Vista and Carlsbad desire to hire a consultant to conduct a prelimi
engineering study for Melrose Drive; and 9
WHEREAS, Vista has agreed to contribute $25,000 toward the cost of said study.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl5 10
11 California, as follows;
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1. That the above recitations are true and correct.
2. That the agreement between the City of Vista and the City of Carlsbad fo
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the Mayor is hereby authorized and directed to execute said agreement. 15
construction of Melrose Drive as described in the attached agreement is hereby approved
16 3. That the Finance Director is authorized to appropriate an amount of $50,0(
17 which $25,000 will come from the General Capital Construction Fund and $25,000 will come
the City of Vista. The funds shall be allocated to Project No. 3598, Melrose Drive. 18
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad City Cc
19 held on the loth day of March , 1998 by the following vote, to wit:
20 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
21 NOES: None
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AGREEMENT BElWEEN THE CIN OF VISTA
AND THE CITY OF CARLSBAD FOR THE CONSTRUCTION
OF MELROSE DRIVE
THIS AGREEMENTy made and entered into as of the 12th day of
MARCH. , 1998, by and between the CITY OF VISTA, a municipal corporation,
hereinafter referred to as "VISTA", and the CITY OF CARLSBAD, a municipal corporation
hereinafter referred to as "CARLSBAD".
RECITALS
WHEREAS, VISTA and CARLSBAD share a common city limit boundary; and,
WHEREAS, said city limit boundary crosses or otherwise divides the established and
future right-of-way of Melrose Drive; and,
WHEREAS, said road is integral to the circulation element plans for VISTA and
CARLSBAD; and,
WHEREAS, traffic impacts from development along and adjacent to said road within
VISTA and CARLSBAD will adversely impact the proper functioning and level of service
standards of said roads unless certain major street and highway infrastructure improvements
are installed prior to or concurrent with the needs created by said development; and,
WHEREAS, VISTA and CARLSBAD acknowledge the importance of maintaining
established minimum level of service standards on said road for the proper functioning of the
local circulation network; and,
WHEREAS, VISTA and CARLSBAD desire to establish mutually agreed upon
responsibilities for the funding, design, and construction of the major street improvements
necessary to maintain the established minimum level of service standard for said road;
AGREEMENT
NOW THEREFORE, IT IS MUTUALLY AGREED between the respective parties as
follows:
1. - Recitals. The Above recitals are all true and correct.
2. The Proiect. The project is a preliminary engineering study for designing a four
(4) lane roadway with an unimproved median with ail necessary construction features for safety
purposes.
3. Hirina of Enqineerina Consultant. CARLSBAD shall hire an engineering
consultant to conduct a preliminary engineering study for Melrose Drive. The selection of the
Engineering Consultant shall be jointly agreed upon by both CARLSBAD and VISTA.
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4. Cost of Enaineerina Study. The cost of the preliminary engineering study shall
not exceed $50,000. CARLSBAD and VISTA agree to share equally in the cost of the
engineering study.
5. Pavment Schedule. VISTA shall forward a check payable to CARLSBAD in the
amount of twenty-five thousand dollars ($25,000) within thirty (30) days of the execution of this
agreement by both parties. In the event that the final engineering consultant cost is less than
$50,000, CARLSBAD will refund fifty percent (50%) of the difference within thirty (30) days of
the final payment to the engineering consultant.
6. Reimbursement District. CARLSBAD intends to establish a reimbursement
district and include all costs associated with the preliminary engineering study in the cost to be
reimbursed to each party. In the event CARLSBAD is unsuccessful in establishing a
reimbursement district, each party shall absorb the cost of the preliminary engineering study.
7. Entire Aureement: Amendment. This Agreement contains all of the agreements
of the parties hereto with respect to the matters contained herein and no prior or
contemporaneous agreement or understanding, oral or written, pertaining to any such matters
shall be effective for any purpose. No provision of this Agreement may be modified, waived,
amended, or added to except by a writing signed by the party against which the enforcement of
such modification, waiver, amendment or addition'is or may be sought.
8. Countemarts This agreement may be executed by the cities in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shalf together constitute one and the same document.
9. Severabilitv. If one or more clauses, sentences, paragraphs, provisions, or
terms of this agreement shall be held to be unlawful, invalid, or unenforceable, it is hereby
agreed by the cities that the remainder of this agreement shall not be affected hereby.
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10. Headinas. The headings of articles and paragraphs of this agreement are for
convenience only, and no presumption or implication of the intent of the parties as to the
construction of this agreement shall be drawn therefrom.
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF VISTA and the
CITY OF CARLSBAD pursuant to action taken by the respective City Councils.
CITY OF VISTA, a municipal corporation
GLORIA MCCLELLAN, Mayor
ATTEST: ATTEST:
JO SIEBERT, City Clerk
APPROVED AS TO FORM: J. WAYNE DERNETZ
City Attorney
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: By:
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RESOLUTION NO. 98-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH RICK ENGINEERING COMPANY FOR
PRELIMINARY DESIGN AND ENVIRONMENTAL SERVICES FOR
PHASE I AND II FOR MELROSE DRIVE. PROJECT NO. 3598.
WHEREAS, proposals have been solicited to prepare preliminary design
environmental documents and environmental permitting from qualified engineering firms; ar
WHEREAS, Rick Engineering Company was selected as the .most qualified to prepa
preliminary plans, environmental documents and environmental processing for a fee of $4
and that sufficient funds are currently available in the project account; and
WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
WHEREAS, the consultant agreement with Rick Engineering Company has
prepared: and
WHEREAS, City Council review and approval of environmental documents for the F
must occur before design of the project can occur.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
California, as follows:
1. That the above recitations are true and correct.
2. That a consultant agreement with Rick Engineering Company for preparat
preliminary plans, environmental documents and environmental processing for Project No.
as described in the attached agreement is hereby approved and the Mayor is hereby authc
and directed to execute said agreement.
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3. Following Mayor's signature of the agreement, the City Clerk is further auth
2 and directed to forward copies of said agreement to Rick Engineering Company ar
3 Engineering Department, Attention: Sherri Howard.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C 5
held on the 10th day of March , 1998 by the following vote, to wit: 6 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
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12 ATTEST:
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dm& 2 PaI ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
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AGREEMENT FOR
PRELIMINARY STUDIES FOR MELROSE DRIVE WITH RICK ENGINEERING COMPANY
PROJECT NO. 3598
THIS AGREEMENT is made and entered into as of the 12th day of
MARCH ,193, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and RICK ENGINEERING COMPANY,
hereinafter referred to as "Contractor."
RECITALS
City requires the services of a civil engineering design Contractor to provide the
necessary design services for preparation of preliminary design services,
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:
I. CONTRACTOR'S OBLIGATIONS
The Contractor shall perform the requirements as detailed in the scope of work
attached hereto as Exhibit "A" and incorporated herein.
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2. CITY OBLIGATIONS
The City shall provide blueline copies of improvement plans, City titleblock in
AutoCAD, City's boilerplate specifications, copies of existing information City has on
Melrose Drive, and title reports.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (I 0) days after receipt of
notification to proceed by the City and be completed within one hundred eighty (180)
days of that date. Extensions of time may be granted if requested by the Contractor
and agreed to in writing by the City. The City 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 shall be $47,240. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, "Changes in Work." The City reserves 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."
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5. DURATION OF CONTRACT
This agreement shall extend for a period of one (I) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City's
needs. The parties shall prepare extensions in wiiing indicating effective date and
length of the extended contract.
6. PAYMENTOF FEES '
Payment of approved items on the invoice shall be mailed to the Contractor
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within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within fwe (5) days of completion and approval of each task, the Contractor shall
deliver to the City the following items:
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 shall be prepared by
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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.
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 emp1oye.e 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, gin, or contingent fee.
10. NONDlSCRtMlNATlON CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMlNATfON 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 City. The City shall make
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a determination of fact based upon the documents delivered to Clty of the percentage
of work which the Contractor has performed which is usable and of worth to the City il
having the contract completed. Based upon that finding as reported to the Cit!
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 samc
in order for proper filing and closing and deliver said product to City. In the event o
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. Tht
City Manager shall make the final determination as to the portions of tasks completec
and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under thi!
agreement, the following procedure shall be used to resolve any question of fact o
interpretation not otherwise settled by agreement between parties. Such questions, i
they become identified as a part of a dispute among persons operating under tht
provisions of this contract, shall be reduced to writing by the principal of the Contract0
or the City. A copy of such documented dispute shall be forwarded to both partie!
involved along with recommended methods of resolution which would be of benefit tc
both parties. The City or principal receiving the letter shall reply to the letter along witt
a recommended method of resolution within ten (10) days. If the resolution thu!
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obtained is unsatisfactory to the aggrieved party, a letter outlining the.dispute shall be
forwarded to the City Council for 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 Clty 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 bc
asserted as part of the contract process as set forth in this agreement and not ir
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 cn'minal prosecution. The Contractor acknowledges thal
California Government Code sections 12650 et SF., the False Claims Act, provides fol
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false informatior:
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover it^
litigation costs, including attorney's fees. The Contractor acknowledges that the filing 0'
a false claim may subject the Contractor to an administrative debarment proceedinc
wherein the Contractor may be prevented to act as a Contractor on any public work 01
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improvement for a period of up to five years. The Contractor acknowledges debannenl
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractol
from the selection process. gdz (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. w (Initial)
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 ta
the Cont,mctor pursuant to the contract shall be the full and complete compensation ta
which the Contractor is entitled. 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 hislher employees of
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
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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 City from any
balance owing to the Contractor.
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, verijring 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.
Contractor shall have the right to make one (1) copy of the plans for hidher records.
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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.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officiats, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein' caused 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 fully responsible to the City for the acts
and omissions of Contractor's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
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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.
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 personally 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 modify
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," ail
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
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24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writter
above.
25, CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk ir
accordance with the requirements of the City's conflict of interest code incorporatind
Fair Political Practices Commission Regulation 18700 as it defines A consultant. Thc
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 California. 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 combine(
single-limit per occurrence for bodily injury, personal injury and property damage. If tht
submitted policies contain aggregate limits, general aggregate limits shall appl!
separately to the work under this contract or the general aggregate shall be twice thc
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved fol
. Contractor% 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 iimits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additionaf Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following 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 anc
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 the 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 follows:
For City: Title Associate Enaineer Y Name Sheni Howard
Address City of Carlsbad / Engineering Department
2075 Las Palmas Drive
Carisbad, CA 92009-1 576
For Contractor: Tie Project Manager
Name Kai Rarner
Address Rick Engineering Company
5620 Friars Road
San Diego, CA 921 10-2596
ArchitecVLicense Number:
28. BUSINESS LJCENSE
Contractor shall obtain and maintain a City of Carlsbad 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 day of ,19 ..
CONTRACTOR:
RICK ENGINEERING COMPANY
By: qL-d2 Zl,, w (sign here)
$EZ&LO V4.d EkT 1 SR, GP,
* ATTEST:
I /mw hbclsu2wiwD AT7;rw .! 0 /
(print narne/title) NWf$At$ENKL~ 'I I
Ci Clerk 4
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vicepresident 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
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CALIFORNIA ALGPURPOSE ACKNOWLEDGMENT N
"
State of
County of Q
On 2-24-9Y
personally appeared &@A
@'personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacityties), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf af which the
person(s) acted, executed the instrument.
DATE
WITNESS my hand and offi
Though the data below is not required by law, it may prove valuable to persons relyin-g on the document and cwld prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL 0 CORPOFMTE OFRCER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
-6)
[z1 PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT NUMBER OF PAGES
'TRUSTEE(S) 0 GUARDIANCONSERVATOR
OTHER:
0 GENERAL
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PwsoNo OA EMITy1IEs)
SIGNER(S) OTHER THAN NAMED ABOVE
~ ~~~
-
81993 NATIONAL NOTARY ASSOCIATION 8236 hmet Ave.. P.O. Box 7184 Canoga Park, CA 91309"
0 e
EXHIBIT "A
SCOPE OF WORK
THE DESIGN
The project will be implemented with a three-phase design process. The first phase will be t(
prepare topographic and boundary mapping of the site. The seamd phase will be to prepare i
preliminary design street plan, consideration of alignment, grades, investigate environmentz
and geotechnical characteristics, and to obtain environmental permits. The third phase will bf
to prepare the final design, including construction documents (PS&E), and plats and lega descriptions for right-of-way acquisition. At this time, the City will fund Phase I and 11.
PHASE I: Consultant shall:
Task I.
A. Be provided topographic and boundary mapping from O'Day Consultants.
Task II.
A. Perform design survey to supplement the existing topographic mapping.
PHASE 11: Consultant shall:
Task I and II.
A. Meet with City staff to determine the desired alignment and alternatives, then prepare a preliminary design street plan.
B. Prepare an Initial Study pursuant to the California Environmental Quality Act (CEQA) to
determine the, scope .of the environmental documentation that will be required for the proposed project to satisfy the requirements of CEQA. At a minimum, the following
issues are anticipated to require additional study through the Initial Study.
0 Biology
0 Archaeology
0 Paleontology
0 Geology
0 Hazardous Material
0 HydrologyNVater Quality
0 Land Use
0 TraffidCircuiation
0 Air Quality
0 Visual AestheticdGrading
The following is a detailed description of environmental study assuming preparation of
Mitigated Negative Declaration for this project. A biological technical report and a
cultural resources technical report will be prepared. These two technical reports would
update technical reports prepared by RECON for the Rancho Carrillo Environmental Impact Report (1993). Before an Environmental Declaration, certain other technical reports will be prepared. These would indude a geotechnical report, a hazardous
materials Phase I assessment, a traffic report, and possibly a hydrology and water
quality report.
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If the existing culvert under Melrose Avenue must be replaced or altered, a strearnbec
alteration agreement will have to be secured from the California Department of Fish ant
Game (CDFG) and a Section 404 permit will be required from the U.S. Arm Corps 01
Engineers (USACE). RECON'S work to secure these permits,ihquir&, i& +i cluded ir
the scope of work.- *n' RECON considers it unlikely that any other environmental permits would be required.
However, if coastal California' gnatcatchers or any other listed species are discoverec
during biological surveys, take permits from state or federal resource agencies would be
required. Based on a preliminary review of previous work in the area and RECON'S
knowledge of the site, this possibility seems remote, and securing any other permits iz not included in the scope of work, which follows.
..
Task 111. Biological Technical ReDort
A. Review prior biological reports for the project area, including the surveys conducted for
off-site improvements in association with the Carrillo Ranch Master Plan EIR.
B. Conduct a biological survey of conditions 500 feet on either side of he centerline for a
distance of approximately 1,800 feet of the proposed rdad connection.
C. Conduct a directed search for the coastal California gnatcatcher within the survey area.
The directed search methodology will follow the USWS Coastal California Gnatcatcher
Presence/Absence Suwey Guidelines dated July 28, 1997, which require searching all appropriate habitat three times with searches separated by intervals of at least a week.
The USFWS accepts surveys performed any time during the year, but prefers that the
surveys be conducted between February 15 and August 30. The term of the Federal
endangered,species permit required to perform the surveys specify that the USNVS be notified prior to beginning the survey and be provided with the results of the survey upon
its completion.
D. Prepare a letter report of findings, updating the information and vegetation and species
mapping from the Carrillo Ranch biological report.
Task IV. Cultural Resources Technical ReDort
A. Conduct a cultural resources record search of archives at the South Coastal Information
Center at San Diego State University and the San Diego Museum of Man for the area
within one mile of the project area.
6. Perform a cultural resources field survey for and area 500 feet on either side of the
proposed Melrose Avenue connection centerline.
C. Prepare a cultural resources technical report based on findings from the records search and field survey of the project site, identifying all cultural sites that could potentially be impacted by the project, assessing their likely importance, and recommending further
studies or mitigation as required.
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, $ 0 0
Task V. Hazardous Materials Technical Rebart
A Phase I Environmental Site Assessment (ESA) will be completed to estimate the potential for
existing impacts to the site (i.e., levels of hazardous materialshastes likely to warrant mitigation
action pursuant to current regulatory guidelines) from the presence of hazardous
maieialdwastes on or within the vicinity of the site. The guidelines used for the definition of hazardous materialdwastes are referenced in the California Code of Regulation (CCR), Title 22, Division 4.5. The proposed scope of services for the Phase I ESA is as follows:
A. Perform a reconnaissance of the site to identify indicators of the potential existing
presence of hazardous materials and hazardous wastes on the site. These indicators
include the presence of 55-gallon drums, chemical containers, water disposal areas,
industrial facilities, discolored surficial soils, electrical transformers that may contain
polychlorinated biphenyls (PCBs), and areas conspicuously absent of vegetation. It
would be the responsibility of Client to unlock, or otherwise allow authorized access to
all areas to facilitate the reconnaissance. Provisions for survey of wetlands, asbestos,
lead-based paint, lead in drinking water, radon, and methane gas are not provided in
this scope of services.
6. Perform a survey of the adjacent properties from the site and from public thoroughfares to evaluate if these properties possess facilities or structures operated by entities that
potentially use, store, generate, or dispose of hazardous materials or hazardous wastes,
C. Review appropriate published sources and selected referenced to obtain information regarding the potential presence of hazardous materialshrvastes on the site or on
properties within approximately 1/4 mile.
D. Contact the appropriate public agencies to obtain information regarding the potential
existing presence of hazardous materialdwastes at levels likely to warrant current
regulatory mitigation action. Unless otherwise noted, the information would be obtained
for the subject site and adjacent properties.
E. Review available unauthorized release (UAR) files at the DEH andlor the RWQCB for
the site and/or properties in the vicinity of the site, which might potentially impact the
site, noted in the DEWS "Environmental Assessment Listing" and/or the RWQCBs
"Report for Underground Storage Tank Leaks." The UAR files would be reviewed to obtain information regarding the nature and extent of the UAR and to estimate the
existing potential for the UAR to impact the subject site (maximum three files).
F. Prepare a report summarizing the findings of the ESA. The report would qualitatively
describe the potential for environmental impairment of the site from hazardous
materialshastes at levets likely to warrant current regulatory mitigation action and
indicate if additional environmental engineering services are considered necessary at
the time the report is prepared.
G. All title information and existing geotechnical, geologic and environmental reports will be
provided by the City.
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Task Vi. Geotechnical ReDort
A. Review published geologic maps, aerial photographs, and other literature pertaining to
the site to aid in evaluating geologic hazards that may be present. It is recommended
that the City of Carlsbad obtain a copy of the geotechnical investigation and the
as-graded geotechnical report for that portion of Melrose Avenue recently constructed
within the City of vista.
B. Excavate three largediameter brings to depths ranging from approximately 30 to 40
feet to examine and sample the prevailing soil conditions encountered.
C. Advance at least four backhoe trenches to aid in geologic mapping and determining the
general extent of suificiaf deposits which are likely to require remedial grading.
D. Perform taboratory tests on selected soil samples to evaluate in site density, shear
strength, consolidation. compaction, and expansion characteristics of the prevailing soil
conditions encountered. R-vaiue tests of anticipated pavement subgrade materials
would also be performed to determine preliminary pavement section requirements.
E. Prepare a written report presenting findings and conclusions and recommendations
regarding the geotechnical aspects of developing the property as presently proposed.
Task VII.
The scope of the Environmental Studies is anticipated to indude, at a minimum, the foflowing:
A. To obtain all referenced material and conduct aH research and field data collection
necessary to prepare environmental studies.
0. To prepare and present written bi-weekly progress summaries.
C. To identify, discuss and develop appropriate mitigation monitoring programs for any
impacts which may be associated with the short-term and long-term development of the
project.
D. Prepare an Environmental Initial Study, based on the checklist from the appendices to
the CEQA Guidelines, utilizing the project informatiin supplied by Rick Engineering and
information from the review of technical studies as needed.
E. Prepare a Negative Declaration or Mitigated Negative Declaration supported by the
Initial Study.
F. Submit fwe copies of the draft Negative Declaration and Initial Study to the City of
Carlsbad for review and prepare one set of revisions.
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G. At the end of the public review period, prepare responses to written comments received
on the Negative Declaration, submit the responses to the City for review, and prepare
one set of revised responses to attach to the Negative Declaration.
H. Attend up to six meetings with Rick Engineering and/or City staff and one public hearing
on request.
Task VIII. Environmental Permitting
If required, agreement on mitigation with the resource agencies would be needed before the
Initial Study and Negative Declaration for the project could be completed. Agreement with the
CDFG and a permit from USACE may be required for installing or modifying the box culvert, if
deemed necessary as part of the project scope:
A. Schedule the project for one of the regularly-scheduled pre-application meetings with
the CDFG and USACE and attend the meeting with the client.
B. Prepare an application package as required by Section 1601 of the Fish and Game
Code for alteration of the streambed for installing the box culvert. Prepare a mitigation
plan which, when implemented, will compensate for impacts to the streambed by
construction of the box culvert. The package will include the completed application form
and copies of appropriate environmental documents, the biology technical report and
the mitigation plan.
C. Prepare a letter to the USACE requesting confirmation that the project can proceed
under the Nationwide Number 26 permit. The letter will include the environmental documents as attachments.
D. Submit the 1601 application package to the client for signature; check indusion and
fowarding to the CDFG. Following the client's review by the client, submit the letter to
the USACE.
E. Prepare a draft letter to the Regional Water Quality Control Board pursuant to Section
letterhead, signed, and a check included. RECON will assemble and provide the
environmental documents which will be included as attahments to the letter.
401 of the Clean Water Act. Submit the draft letter to the client to be put on their
F. Expend up to eight hours attending additional meetings and following up on the
agreement and permits with the agencies.
Revise the preliminary design street plan to attempt to balance the earthwork onsite, to adjust
to the geotechnical report recommendations, and to minimize disturbance to environmentally sensitive areas.
a
rev. 10/22/97
20
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FROM : WICKERN RRUI 1U-W
0 0 PHONE NO. : 768 9389364 0 Mar. 18 1998 12:~~
*, , * AGENDA tlEM ## @ 1, ?.*
March 10,1998
c: Mayor
City Council
City Manager
City Attorney
Cily Clerk
Mayor Bud Lewis City of Carlsbad B% 43?!"31;7 1200 Carlsbad Village Drive carlsbad, CA 92008
Re: 3 -10 - 98 Council meeting extendon of Melrose Drive into Vista
Dear Mayor Lewis:
. A year ago my family moved fium Encinitas to Aviara in Carlsbad. One of the major reasons for om move was that the traffic gridlock and failed road policies of the city of Enc&a \was turning that city into an pndesirable place to he. We were attracted
to Msbad's mom htelligent mad deign and relative lack of gridlock, when compd to E.ncZmas.
We the extension of Mchse Drive is obviously of benefit to Vista, it is also a beaefit to Carkbad. Pdornar Airport Road is badly congested at some times of the
day. This congestion will only get worse with the building of Caxrillo Ranch, Kelly Ranch, and projects in San Marcos, if Melrost is not completed. .
Don't let Carlsbad become another Enchitas. I ask you to approve the road design study and the contract with Rick enghe&g this evening's council meeting. When
the time comes to approve costs for bddin&the mad extension, I hope that Carlsbad
will approve sharing the cost with Visa to be repaid by the area landowners at a later
date. This road connection is an imp~aant improvement to regional traflic circulation, which is of benefit to our city.
Sincerely,
)i!4J@A
Linda Wickem 960 Whimbrel Ct. Caxkbad, CA 92009
(760) 930-9324
A,. .-..e -. .I " ... I. . . ... . . .-
2. 9.
, . >* 0 0
March IO, 1998
TO: MAYOR
CITY COUNCIL & '.
FROM: Marilyn tron
SUPPORT FOR MELROSE DRIVE -AGENDA ITEM #I2
The following Carlsbad residents have called today expressing their support for moving
forward with plans to construct Melrose Drive:
Ray Ness
Jay Ahrens
Linda Wickern (you also received a letter from her)
Mary Lou Owen
Chris Bauknezct
Angela Gebhart
mhs
c: City Manager
City Attorney
City Clerk