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Home My WebLink About1999-05-11; City Council; 15177; Opportunistic Sand Program. 4 1 c-4 .’ Ci I Y OF CARLSBAD -AGENDA dlLL ’ 4B# 15,17? TITLE- . APPROVAL OF A CONSULTANT MTG. 5/l 1199 CONTRACT FOR THE DEVELOPMENT OF AN DEPT. OPPORTUNISTIC SAND PROGRAM ENG CITY MGR. w RECOMMENDED ACTION: Adopt Resolution No. (?9- lb 0 approving a Ratification of Extension and Ihmendmeat- No. 1 for Engineering Service for Preparation of Carlsbad’s Opportunistic Sand Program with Moffatt and Nichol Engineers, Inc. ITEM EXPLANATION: The City has been pursuing permits for the development of an Opportunistic Sand Program for the past few years. Staff, in conjunction with Moffat and Nichol Engineers have developed the detailed technical reports and environmental analysis to support a typical beach replenishment activity. In addition, the Engineering Department has submitted completed permit applications with the Army Corps of Engineers, California Coastal Commission, Regional Water Quality Control Board and the California State Lands Commission. However, after review by these agencies, additional tasks are necessary to complete the permitting requirements. The Army Corps of Engineers has requested additional biological analyses and the California State Lands Commission is requiring a high tide survey at both disposal sites. Additionally, in order to expedite the permitting process, this contract includes tasks for the preparation of the Public Notice for the Army Corps of Engineers and the CEQA document that would normally be prepared by City staff. Therefore, staff is recommending that the Council approve the consultant agreement in the amount of $60,150 to Moffatt and Nichol Engineers for the completion of the permitting process. FISCAL IMPACT: The cost for services under this contract stipulates a not to exceed amount of $60,150 which will cover the final efforts to secure the necessary regulatory agency permits. The City received approval to redirect excess state funds allocated for the construction of the Carlsbad Boulevard Shore Protection Project at the Agua Hedionda Lagoon. Excess funds are in the amount of $128,894. According to the cost sharing agreement with the State Department of Boating and Waterways, the City was to refund the excess state funds after completion of the seawall project. Staff approached representatives of Boating and Waterways and requested authorization to use these excess funds for the final permitting effort for the Opportunistic Sand Program. EXHIBITS: 1. Resolution No. q 9 c I60 approving a Ratification of Extension and Amendment No. 1 for Engineering Service for Preparation of Carlsbad’s Opportunistic Sand Program with Moffatt and Nichol Engineers, Inc. 2. Ratification of Extension and Agreement No. 1 for Engineering Service for Preparation of Carlsbad’s Opportunistic Sand Program with Moffatt and Nichol Engineers, Inc. . 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RATIFICATION OF EXTENSION AND AMENDMENT NO. 1 FOR ENGINEERING SERVICE FOR PREPARATION OF CARLSBAD’S OPPORTUNISTIC SAND PROGRAM WITH MOFFATT AND NICHOL ENGINEERS. INC. WHEREAS, the City desires to secure the necessary regulatory agency permits for the development of an Opportunistic Sand Program, and WHEREAS, the City Council of the City of Carisbad hereby finds it necessary, desirable and in the public interest to award the consultant agreement to Moffatt and Nichol Engineers to provide services for said project, and ., j WHEREAS, .a consultant fee of not to exceed’ $60,15O:is ::reqtired to provide the services, and ., WHEREAS, excess State Department of Boating and Waterways funds aire available for / this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ‘Cartsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Finance Director is authorized to appropriate state grant funds of $60,150 to the ill I/! Ill /If I// Ill f/i I// Iii Opportunistic Sand Project. . r’ 1 3. That the consultant agreement with Moffatt and Nichol, Engineers is hereby 2 approved and the Mayor is hereby authorized and directed to execute said agreement. 3 4 5 6 7 a 9 70 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 11 ttiay of May 9 1999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard & Finnila NOES: None ABSENT: cou ,!I 12 .I3 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 ATTEST: .I ‘: I’ !‘,’ .‘T ,‘,‘, , ; ., /’ 1 WNZ, City Clerk .’ .I, 3 1 - -., ‘:>-’ : : :. : I) KAREN R. KUNDTZ, Assistant City Clerk .* : ., ‘1 : : b (SEAL) - RATIFICATION OF EXTENSION AND AMENDMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES FOR PREPARATION OF CARLSBAD’S OPPORTUNISTIC SAND PROGRAM This Amendment is entered into the ii th day of MAY , 199% but effective as of the 23”’ day of March, 1999, amending the agreement dated March 23, 1998 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Moffatt & Nichol Engineers, hereinafter referred to as, “Contractor” to develop, process and secure the required regulatory agency permits in order to finalize the City’s Opportunistic Sand Program. RECITALS WHEREAS, the initial agreement expired on March 23, 1999 and the Contractor continued to work on needed services without benefit of agreement; and WHEREAS, the City and Contractor desire to ratify the extension of the term of the agreement dated March 23, 1998 for a period of one (1) year ending on March 23,200O; and WHEREAS, the initial agreement, dated March 23, 1998 identified a scope of work for additional biological and administration services for the development of the City’s Opportunistic Sand Program; and WHEREAS, the parties to this aforementioned agreement desire to alter the scope of work as follows: the preparation of the necessary CEQA documents and to prepare, process and secure all regulatory agency permits; and WHEREAS, a supplemental scope of work and fee schedule have been negotiated and agreed to between the parties hereto, and as shown on Exhibit “A” Scope of Services and Fee dated February 15,1999; and WHEREAS, the City and Contractor desire to ratify any amended scope of work already performed; 04/l 7198 NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. The term of the agreement shall end on March 23,200O. 3. Contractor shall provide services as outlined on the attached Exhibit “A”. 4. City shall pay Contractor for all work associated with Paragraph 1 above, on a time and materials basis not-to-exceed $60,150. Contractor shall provide City on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 5. All other provisions of the aforementioned agreement entered into on March 23, 1998, by and between City and Contractor shall remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended assignment and scope of work for the extension period. Acknowledged and Accepted: CONTRACTOR: All-EST: ALETHA L. RAUTENKRANZ (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL city AFYy BY 04/17/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 30,1!999, before me, ------------------Julie x Capoc&, NotQly public------------------------------- personally appeared -- ----------Mi&& J. McCarthy ________________________________________------------------- q 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 acknowledged to me that h&h&&q executed the same in hisk&heir authorized capacity{&%), and that by his/be&l& signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. . c I v Signatum~f Notary Public _1.1_-..._1_._--___11---1-----11-1--1--------------------- OPTIONAL 11--1-.-..-..-........---------1--1--.-----..- llrough the information below is not required by law, it may prove valuable to persons reiyins on the document and could prevent fraudulent removal md reattachment of thisfom to another document. Description Of Attached Document Title or Type of Document: Ratification of Extension & Amendment No 1. to Aareemnt for Enaineerim Services for Premration of Carlsbad’s O.morhmistic Sand Prom-am M&N 3497 Document Date: None Number of Pages: 2 Signer(s) Other Than Named Above: None at this time Capacity(ies) Claimed by Signer(s) Signer’s Name: hiichael J. McCarthv Signer’s Name: q Individual q Corporate Officer Title(s): Vice President 0 Partner - 0 Limited q General 0 Attorney-in-Fact - 0 Individual q Corporate Officer Title(s): 0 Partner - q Limited 0 General fl Attorney-in-Fact - u Trustee 0 Guardian or Conservator 0 other: U Trustee 0 Guardian or Conservator 0 other: Signer is Representing: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles & March 30, 1999, &fore me, _________________________ x Coffi&, Notary public --__-----______________________ personally appeared _______________ Timothy J. Rellaford --------__-__ ---- -------_________-_______________________------ Ix) 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 acknowledged to me that he/M executed the same in his/he&he& authorized capacity(ies), and that by hi&e&h&r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(G) acted, executed the instrument. WITNESS my hand and official seal. ------Iuu-- VW -OPTIONAL -1___--1--11------___1----1-1-1 Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description Of Attached Document Title or Type of Document: Ratification qf Extension & Amendment No. 1 to Agreement for neerirw Services for Prevaration of Carlsbad’s Ovvortunistic Sand Prowam Document Date; None Number of Pages: 2 Signer(s) Other Than Named Above: Michael J McCarthv Capacity(ies) Claimed by Signer(s) Signer’s Name: Timothy J. Rellqford 0 Individual q Corporate Officer Title(s): J4ce Presidm 0 Partner - 0 Limited 0 General ll Attomev-in-Fact B Trustee- /J Guardian or Conservator 0 Other: Signer is Representing: 0 Individual 0 Corporate Officer Title(s): 0 Partner - [3 Limited q General ll Attomev-in-Fact 1 TrusteeJ 0 Guardian or Conservator 17 Other: Signer is Representing: February 15, 1999 City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009- 15 19 - Exhibit A T&NICHOL r ] E j= F ,- RECEIVED ENGINEERING DEPARTMENT Attn: Mr. Steve Jantz, Associate Engineer Subj: Carlsbad Opportunistic BeachtIl Program, Proposal to Complete Permit Process M&N File: 3497 Dear Mr. Jantz: This proposal is presented at the City’s request to obtain final permit agency decisions for the Opportunistic Beach Fill Program. Revised final permit applications were submitted in June of 1998 and all supplemental information has been provided to the agencies. Several tasks are still required to secure permit decisions. The following tasks are proposed: 1. Prepare a Public Notice for the U.S. Army Corps of Engineers Sections 10 and 404 permit consistent with government formatting standards (Fee $1 I,8 13); 2. Conduct a topographic survey of the mean high tide boundary at the Buena Vista Lagoon placement and stockpile sites ($5,705); 3. Provide as-needed biological services to respond to agency concerns ($5,255); 4. Prepare the CEQA document ($24,750); 5. Provide as-needed coastal engineering services such as meeting with the Shoreline Erosion Committee and Beach Erosion Committee, assistance with pilot project, i.e., analysis of soils report, field inspection, project review, and coordination with agencies ($2,545); 6. Attend meetings with the Coastal Commission and the Beach Homeowners Association ($2,220); (HOA) 7. Attend meetings and perform follow-through with the State Lands Commission (outside of required survey) (% 1,3 65); and 8. Process Special Use Permit application on behalf of the City and meet with and receive signatures of property owners (Beach HOA and SDG&E). Includes correspondence, meetings with applicants, and attendance of one Planning Commission hearing ($3,245) , City of Carlsbad Mr. Steve Jantz Febnmy 15 1999 Page Two These services can be performed for an estimated sum of Sixty Thousand One Hundred Fifty Dollars ($60,150.00) to be billed on a time and materials basis. Thank you for allowing us to provide continued assistance to the City, and please call with any questions or comments. Sincerely, MOF’FATT & NICHOL ENGINEERS Michael J. McCarthy, P.E. Vice-President / MJM:jtc JrlItr\mjm\3497-2-Cw.doc . Y 1 . : . 2 2 : : I P . . c v i i i i : 1 i . i : ; : i 6 : c : I! ; c . 2 r. 4 : j i : ! s 5 i 1 . f ; i ! : J : : p ,f . 0 I 5 8. Y F \ : I. : : . 1 i ‘i : k 9 .8 J : r; ? .E : ‘i R ? : ; P ! ) : I : i - ; . ! p’ . . i I : I I I I : 1 , I : , * 1 : , \ A- ~ Y !! 5 ; . 2 3 2 3 I p .; i: ’ $1 2 - E ./ ?: y .’ pi< .’ , i: 32 : l 3: I 4 - : 2 1 .; a 1 i I ti i i .? P ‘ii a 4 % 3 t: j Z : E 9 i4 j; > - jS 4 b 31: - L ; p Irr . - > : . . : i : ; i 1 . * i D f i : i 1 6 1’ 3 - -L . City May 17,1999 Moffatt and Nichol Engineers, Inc. PO Box 7707 Long Beach,. CA 90807 EXTENSl~t;;j”A~D’.AMENbM,ENT NO. 1 TO AGREEMENT FOR PREPARATIONOF CARi;SBAD’S OPPORTUNISTIC SAND PROGRAM Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,177, and Resolution 99-l 60. These documents went before the City Council on May 11,1999. Also enclosed is a fully executed original agreement for your files. If you have questions concerning your project please contact Mr. Steve Jantz in . the Engineering Department, at (760) 438-l 161, extension 4354.. -95k&.dB+ Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 l (760) 434-2808 @