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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 ~ DEPT. ENG c 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. g 2 0 F =! 0 z 3 0 0 Y 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. ~ , *IT Page 2 of Agenda Bill No. *570 0 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. I PROJECT NAME MEL ROSE DRWE PROJECT NUMBER EXt PALOMAR AlRPORT ROAD TO ClTY L/M/T 3598 5 1 e 0 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; 12 13 1. That the above recitations are true and correct. 2. That the agreement between the City of Vista and the City of Carlsbad fo 14 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 $25,000 will come the City of Vista. The funds shall be allocated to Project No. 3598, Melrose Drive. 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad City Cc 19 held on the loth day of March , 1998 by the following vote, to wit: 20 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall 21 NOES: None 22 23 24 25 ATTEST: 26 P 27 ALk&!TEL$Gm 1 ) 28 (SEAL) .. 1 0 0 I 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. t 0 0 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill t 0 e 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: / ’ -1 ,ii 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. lII Ill Ill Ill 111 Ill Ill Ill 28 .- I 1 0 0 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. 4 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 7 11 12 ATTEST: 13 14 dm& 2 PaI ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 15 16 77 18 19 20 21 22 23 24 25 26 27 28 0 e 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. rev. 10/22/97 1 I 0 0 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." rev. 10/22/97 2 , e e I 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 I 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 rev. 10/22/97 3 1 0 0 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 rev. 10/22/97 4 e 0 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! rev. 10/22/9i 5 , 0 0 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 6 rev. 10/22/9i 6 t 0 0 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 rev. 10/22/97 7 , 0 0 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. rev. 10/22/97 8 I 1 0 0 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 rev. 10/22/97 9 1 a e 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. rev. 10/22/97 10 0 0 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: rev. 10/22/97 I1 0 0 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. rev. 1 OIZU97 12 . 0 0 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. ... .. . a,* ... .. . ... .. . .. . ... ... .. . ... ... .. . ... .. . .. . ... .. , ... rev. 10/22/97 13 e 0 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 14 rev. 10/22/97 e 0 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 rev. 10/22/97 15 0 .. 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. rev. 10/22/97 16 0 e 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. rev. 10/22/97 17 , $ 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. rev. 10/22/97 18 1 * e 0 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. rev. 10/22/97 19 c I e 0 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 i ) 0 0 w > aa =P kw ma I -0 82 zi " 1 t 6 ? z 0 r= 4 0 0 d ;i W W LL @ 2,: g! tis =o kc 3 5 m rri m a 03 3 .I W I" 0 %I -+ w 4 0 U 3 E - m E Y- O 8 t lu P a 0 0 lu +- i! .cI rn 3 0 2 P m n P) 0 u g 7 - ([I t F e 04 cv 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