HomeMy WebLinkAbout2000-01-04; City Council; 15557; Opportunistic Sand Program Project\B# ,syP
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Cl1 f OF CARLSBAD -AGENDA brtL
TITLE- L APPROVAL OF EXTENSION AND
AMENDMENT NO. 2 TO AGREEMENT FOR
THE OPPORTUNISTIC SAND PROGRAM
PROJECT NO. 34693
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RECOMMENDED ACTION: \
Adopt Resolution No. &OS- aT approving Extension and Amendment No. 2 to agreement for engineering services for preparation of Carlsbad’s Opportunistic Sand Program.
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 Moffatt 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. The project is currently working
through the CEQA and federal environmental review process. Staff is projecting to secure permits
by May of 2000.
The additional services that are proposed with this amendment includes a revision to the original
scope by incorporating a third beach disposal site known as Ponto Beach (near the mouth of the
Encinas Creek). The inclusion of this site in southern Carlsbad would increase opportunities for beach nourishment and would also provide a more cost effective disposal site for potential sand
sources in that part of the city.
Therefore, staff is recommending that the Council approve the consultant agreement in the
amount of $40,748 in order to revise the technical document to include a third possible beach
disposal location at Ponto Beach.
FISCAL IMPACT:
The cost for services under this contract stipulates a not to exceed amount of $40,748. The City
has 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 $68,744. 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 received
authorization to use these excess funds for the final permitting effort for the Opportunistic Sand Program.
EXHIBITS:
Resolution No. ao*o-*F approving Extension and Amendment No. 2 to agreement for
engineering services for preparation of Carlsbad’s Opportunistic Sand Program.
Extension and Amendment No. 2 to Agreement for Engineering Services for Preparation of
Carlsbad’s Opportunistic Sand Program.
RESOLUTION NO. m-n7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION AND
AMENDMENT NO. 2 TO AGREEMENT FOR ENGINEERING
4 SERVICES FOR PREPARATION OF CARLSBAD’S
OPPORTUNISTIC SAND PROGRAM, PROJECT NO. 34693.
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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 Carlsbad hereby finds it necessary, desirable
and in the public interest to award the consultant agreement to Moffatt and Nichol Engineers to
provide engineering services for said project, and
WHEREAS, a consultant fee of not to exceed $40,748 is required to provide the
requested services, and
WHEREAS, excess State Department of Boating and Waterways funds of $68,744 are
available for this project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
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1. That the above recitations are true and correct.
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2. That the Finance Director is authorized to appropriate state grant funds of $40,748
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19 to the Opportunistic Sand Program.
20 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
II held on the 4th day of JANUARY 2000 by the following vote, to wit:
21 ’ /1 -. II AYES: Council Members Lewis, Hall,/fin~i.la, Nygaard, Kulchin
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27 Al-TEST:
28
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EXTENSION AND AMENDMENT NO. 2 TO
AGREEMENT FOR ENGINEERING SERVICES FOR
PREPARATION OF CARLSBAD’S OPPORTUNISTIC SAND PROGRAM
This Amendment is entered into and effective as of the $?,%kday of
200&, amending the agreement dated March 23, 1998 by and
between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”,
and Moffatt and Nichol Engineers, hereinafter referred to as, “Contractor” to develop,
process and secure regulatory agency permits in order to finalize the City’s
Opportunistic Sand Program.
RECITALS
WHEREAS, the City and Contractor desire to extend the term of the
agreement dated March 23, 1998 and subsequent Ratification of Extension and
Amendment No. 1 dated May 11, 1999 for a period of one hundred eighty (180) days
ending on September 23,200O; and
WHEREAS, the initial agreement, dated March 23, 1998 identified a
scope of work for additional biological and administrative 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: revise the technical report to include an additional beach
nourishment site, perform additional biological analysis and prepare a typical beach
replenishment operation manual; and
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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;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Contractor hereby agree as follows:
1. The term of the agreement shall end on September 23,200O.
2. Contractor shall provide services as outlined on the attached
Exhibit “A”.
3. City shall pay Contractor for all work associated with Paragraph 1
above, on a time and materials basis not-to-exceed $40,748. 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.
4. 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.
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5. 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:
MOFFATT AND NICHOL ENGINEERS
&J 4z?GY@
(sign here)
7/‘m~fb.T Re/hAd.Uy (print name/title)
ATTEST: n
City Clerk
2d3 -DO
DATE
(Proper notarial acknowledgment of execution by must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD-. BALL
9/l 1 I96
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On February 4,200O before me, ------------------Julie Ta Capoccia, Notay Public-------------------------------
personally appeared _______________ Michael J. McCarthy ________________________________________-------~~---~~-~-~-
q personally known to me - OR- q 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&&hey executed the
same in hislhe&h&r authorized capacity&s), and that by
his/h&heir 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. .
.
(cL&Le_d lsL+ew- c
Signature of N&y Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and couldprevent
fraudulent removal and reattachment of this form to another document.
Description Of Attached Document
Title or Type of Document: Extension & Amendment No.2 -Agreement for Engineering Services for
Carlsbad’s Opportunistic Sand Prowam Project No.34693 M&N File 349 7-01
Document Date: None Number of Pages: 2
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Michael J. McCarthv
0 Individual
[XI Corporate Officer
Title(s): Vice President q Partner - q Limited 0 General
i yry-in-Fact
rus ee
0 Guardian or Conservator
[7 Other:
Signer is Representing:
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s): q Partner - q Limited q General
i /TttoTy-in-Fact
rus ee
0 Guardian or Conservator
0 Other:
Signer is Representing:
A a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calijbrnia
County of Los Angeles
On February 4,2000, before me, _________________________ x Coffi&f, Notav public _______________________________
personally appeared _______________ Timothy J. &&ford __________________________ ------ _______________________________
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 he/sl&they executed the
same in his/~ authorized capacity(ks), and that by
his/M signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
LO!5 ANGELES COUNTY executed the instrument.
WITNESS my hand and official seal.
_____-_-_-___--______l______________l___--- OPTIONAL -____-_--------------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and couldprevent
fraudulent removal and reattachment of this form to another document.
Description Of Attached Document
Title or Type of Document: Extension & Amendment No. 2 -Agreement for Engineering Services
For Carlsbad’s Opportunistic Sand Program Project No. 34693 Document Date: Skned 2/7/00 Number of Pages: 2
Signer(s) Other Than Named Above: Michael J. McCarthv
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Timothv .K Rellaford Signer’s Name:
0 Individual
IxI Corporate Officer
Title(s): vice President & Secretarv
# FArer; 0 ki;ited 0 General
ome -in- ac
0 Trustee-
0 Guardian or Conservator
0 Other:
0 Individual
0 Corporate Officer
Title(s): q Partner - c] Limited 0 General 0 Attorney-in-Fact
0 Trustees q Guardian or Conservator
0 Other:
Signer is Representing:
I I
1
Signer is Representing:
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EXHIBIT A October 5, 1999
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 920094859
Attn: Steve Jantz, Associate Engineers *
Subj: Carlsbad Opportunistic Beach Fill Program (OBFP), Proposed Revised Scope and Fee to
add Ponto Beach to the Program
M&N File: 3497-01
Dear Mr. Jantz:
The City has modified the Opportunistic Beach Fill Program to include several changes. The
changes include adding Ponto Beach as a beach till site, reducing the quantity of sand to be
trucked to the Buena Vista Site, and using surplus material from the Carlsbad Municipal Water
District (CMWD) sewer line project for the first beach fill project. This revised scope of work
and fee to incorporate these changes into all pertinent permitting documents is submitted. for the
City’s consideration.
Scope of Work
1.
2.
3.
4.
5.
Carlsbad Municipal Water District Project Meetings (Fee $2,776) - Meet once with the
CMWD, and once with the CMWD and the permit agencies together to have this project
included as the first opportunistic beach fill project and to secure permits by spring of
2000.
Revise Project Description (Fee $3,725) - Revise the existing Project Description for the
Mitigated Negative Declaration to define the new project for technical analyses and
environmental review. Consists of new text, figures, and tables. Includes two iterations of
revisions based on City comments.
CMKD Sand Evaluation (Fee $2,766) - Evaluate the sand from the sewer line project in
more detail to identify the excavation areas to include for beach placement. Suitability will
be assessed for both grain size and chemistry.
Revise Technicai Report (Fee $4,597) - Modify the existing Revised Final Technical Report
to include quantities, placement rates and timing, and concept design for the Ponto Beach
site. Includes one iteration of revisions based on City comments.
Revise and Resubmit Permit Applications (Fee $4,502) - Revise and resubmit permit
applications to all authorized agencies to include trucking sand to and placing sand at Ponto
Beach and to add the CMWD project information to permit applications per the Project
Description.
r 230 iJest \i’i/:arsjicjj>/ Road, tone; &=c:;j:, &ifr>;~::& ~G.~Cj~ p.Q. &IX 7707 (5621 426-9551 Fax (552) 42&7&j%
City of Carlsbad
Steve Jam
October 5, 1999
Page 2
6.
7.
8.
9.
Prepare Operations Plan (Fee $3,987) - An operations plan will be prepared to specify
details of sand delivery from the CMWD construction site to the beach, and placement on
the beach. The Plan will be prepared as a draft for City review and finalized after one
iteration of revision based on City comments.
Revise Draft CEQA Document (Fee $6,165) - Edit the Mitigated Negative Declaration to
provide environmental review of Ponto Beach as a placement site and to consider use of the
CMWD project sand for the first beach fill. All environmental resource areas will be
assessed. This includes two iterations of revisions based on City comments.
Prepare Final CEQA Document (Fee $4,070) - Respond to comments on the Draft CEQA
document and prepare the final CEQA document. Assumes two iterations of revisions based
on City comments.
Prepare Biological Assessment Memorandum (Fee $4,343) - The biologica subconsultant
will prepare a memorandum of potential impacts and mitigation from implementing the
project at Ponto Beach, considering sand quantities, quality, placement rates and timing.
10. Follow-Up Meeting with Permit Agencieb (Fee $1,368) - Meet with the permit agencies once
as needed to follow-up on the initial meeting and to present findings of the analyses in the
CEQA document.
11. As-Needed Services (Fee $2,174) - Provide engineering services as-needed per the City’s request throughout the environmental review and permitting phases of the project.
12. Reimbursable Items (Fee $275) - Reimbursement for expenses such as mileage to meetings,
reproduction, telephone, mailings and meals.
The total fee to perform the work is estimated to be $40,748, to be billed on a time and materials
basis. We understand the City wants to secure permits by Spring of 2000, so completion of all
proposed tasks will occur as soon as possible. Thank you for review of this proposal and please
contact us with any questions or comments
Sincerely,
Michael J. McCarthy, P.E.
Vice President /
MJM/CW:jtc
J:lltrl~.m13497-OIltrl~5.doc