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Home My WebLink About2001-09-18; City Council; 16356; South Carlsbad Village Storm DrainCITY OF CARLSBAD -AGENDA BILL CD AB# 1 b ,356 TITLE: APPROVAL OF EXTENSION AND AMENDMENT NO. 3 WITH PLANNING SYSTEMS TO MTG. 9/l l/O1 PROVIDE PERMIT-RELATED SERVICES FOR THE SOUTH CARLSBAD VILLAGE STORM DRAIN DEPT. ENG PROJECT NO. 3528 RECOMMENDED ACTION: Adopt Resolution No. a00 1-28-3 for approval of Extension and Amendment No. 3 with Planning Systems to provide permit-related services for the South Carlsbad Village Storm Drain, Project No. 3528. ITEM EXPLANATION: On April 12, 1999, a Professional Services Agreement (the “Agreement”) between the City of Carlsbad and Planning Systems was executed. The value of this agreement was $24,900. The original scope of services included coordination with the Army Corps of Engineers staff and the preparation of the applications for a Section 404 Permit and a RWQCB Section 401 Certificate or Waiver. These items of work have been completed and the City has received a Section 404 Permit and a RWQCB Section 401 Waiver. On October 6,2000, the Agreement was extended until April 12,200l and amended. The scope of services was expanded to include the preparation of Final Mitigation Plans as required by a Special Condition of the Section 404 Permit. The value of this extension and amendment was $15,500. On April 16, 2001, the Agreement was amended to extend until April 12, 2002. The scope of services for Amendment No. 3 includes: professional biological monitoring of the sewer and storm drain construction activities for permit compliance; providing final bid package services for the habitat mitigation construction; and monitoring habitat mitigation construction and habitat establishment for permit compliance. The sewer and storm drain monitoring will continue as necessary during the sewer and storm drain construction phase. Once the habitat mitigation construction is completed, creation of annual reports will continue for five years during the monitoring phase. FISCAL IMPACT: The total cost for professional planning, permitting, and monitoring services is $92,220. Of this amount, $24,900 was included in the original agreement with Planning Systems and $15,500 was included in Extension and Amendment No. 1. Total additional funds requested for Extension and Amendment No. 3 is $51,820. These costs are summarized in Table 1. TABLE 1 k: ‘;$tqS@JF ,rJI,A;~,~IN~~~~~~~~~f~~~~~,~~~~~!T~~l,~~~~~R~fC,~~~~~,~~~~’ ., I: ;t,,;,, pj.. :, :i::l <I / .:, : ~:PROVIDE,D By,:PL;ANNING ‘SYSTEMS &,,;j, I: ‘2, ,’ ;;;;< .+ .I j, ,:; ‘; ,.:y:, ‘; .z:,;;. ‘_ D$SCRIPTION ;“lii ,:j;:? ; jic;” ,;; 2; jy ; .y: :- _, ,_i_: : ; ‘,i I’ ‘:- ,; f;!t 2”‘; :; ,; $&fit CO,S’$ - Original Contract Amount $24,900 Extension and Amendment No. 1 $15,500 Extension No. 2 $0 Extension and Amendment No. 3 r T$)p(L: COST. _: ,‘; $51,820 ;:,;I, ‘?l”‘i”::‘:I:,:g,:~~~, ; ,f j;;::‘:” ’ ;* +;;~ : ,f:’ !““- ,:, yj:‘:“‘- ;(_ ;; :_ , $92 :gz() . , The cost of the additional services included in this amendment can be funded from the balance of the current project appropriations. Page 2 of Agenda Bill No. lb, 3sb EXHIBITS: 1. 2. Location Map - South Carlsbad Village Storm Drain Project, Project No. 3528. Resolution No. d-00 j -2 &3f or approval of Extensibn and Amendment No. 3 with Planning Systems to provide permit-related services for the South Carlsbad Village Storm Drain, Project No. 3528. 3. Extension and Amendment No. 3 for the agreement between the City of Carlsbad and Planning Systems. 3 .EFFERsoN BRmGE b FREEWAY CROSSING LOCATION MAP SDUTH CARLSBAD VILLAGE STURM DRAIN PROJECT 2 3 4 5 6 7 6 9 10 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF EXTENSION AND AMENDMENT NO. 3 WITH PLANNING SYSTEMS TO PROVIDE PERMIT-RELATED SERVICES FOR THE SOUTH CARLSBAD VILLAGE STORM DRAIN, PROJECT NO. 3528. WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary and in the public interest for approval and acceptance of Extension and Amendment No. 3 with Planning Systems to provide additional permit-related services for the South Carlsbad Village Storm Drain, City Project No. 35284; and WHEREAS, appropriated funds in the amount of $1,240,000 are available for the project and there is an appropriation balance of $304,220 after the construction management and inspection costs are deducted. 12 13 14 15 16 17 16 19 20 WHEREAS, the cost for Extension and Amendment No. 3 is $51,820, therefore there are sufficient funds available for this Extension and Amendment No. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached Extension and Amendment No. 3 between Planning Systems and the City of Carlsbad be approved and accepted. 3. That the Mayor is authorized and directed to execute the approved Extension and Amendment No. 3 between Planning Systems and the City of Carlsbad PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 21 22 held on the 18th dayof Sewtwer , 2001 by the following vote, to wit: AYES: Council Me and Finnila. 23 24 25 26 27 II ATTEST: / 28 RESOLUTION NO. 2001-283 (SEAL) EXTENSION AND AMENDMENT NO. 3 TO AGREEMENT PLANNING SYSTEMS This Extension and Amendment No. 3 is entered into and effective as of the 20th day of SEPTEMBER , mo IL I amending the agreement dated April 12, 1999 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Planning Systems, hereinafter referred to as, “Contractor” for monitoring the sewer and storm drain construction activities for permit compliance, provide final bid package services for the habitat mitigation construction, and monitoring the habitat mitigation construction and habitat establishment for permit compliance. RECITALS WHEREAS, the Agreement, dated April 12, 1999 identified a scope of work to complete the following tasks: a) Prepare an application and process an Army Corps of Engineers Section 404 Permit and a RWQCB Section 401 Certificate or Waiver; b) Prepare an application and process a Coastal Development Permit with the California Coastal Commission; c) Prepare an application, process and assist in the negotiations for a Section 1601 State Department of Fish and Game Permit; d) Project management and reporting; and WHEREAS, on October 6, 2000 the Agreement was extended to April 12, 2001, and amended to expand services; and WHEREAS, on April 16, 2001, the Agreement was extended until April 12, 2002; and WHEREAS, the City and Contractor desire to extend the term of the Agreement for a period of one (1) year ending on October 1, 2002 with the ability to extend it for three additional two-year periods; and 9/l 1196 WHEREAS, the parties to this Agreement further desire to alter the scope of work as follows: monitoring the sewer and storm drain construction activities for permit compliance, provide final bid package service for the habitat. mitigation construction, and monitoring habitat mitigation construction and habitat establishment for permit compliance; 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; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. Section 3, Term of the Agreement shall be amended in its entirety to read as follows: “3. TERM The term of this Agreement will be effective for a period of one (1) year from October 1,200l. The City Manager may amend the Agreement to extend it for three (3) additional 2-year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement.” 2. Contractor shall provide services as outlined on the attached Exhibit “A”. 3. City shall pay Contractor for all work associated with Paragraphs 1 and 2 above, on a time and materials basis not-to-exceed $51,820. 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 Agreement shall remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended Agreement and the scope of work for the extension period. Acknowledged and Accepted: 9/l l/96 CONTRACTOR: ATTEST/ 1 L.QRRAINa M. WOOD -<ity Clerk / , DATE’ / I (Proper notarial acknowledgment of execution by Contractor 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.) 9/l l/96 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 5ao Of& County of On hq a! -1 , before me, f&k &a&4 b/p, dfadzl I Date Name and Title of Ofker (e g.. ‘8an~ Doe. Notary Public”) , personally appeared hwa~ J Name(s) of Signer(s) nally known to me 7 proved to me on the basis of satisfactory evidence to be the personwwhose name@+ is/- subscribed to the within instrument and acknowledged to me that he/&&tq executed the same in hislherMe+r authorized capacity(ie4): and that by his/henYkeir signaturewon the instrument the person@& or the entity upon behalf of which the person- acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: U Individual Top of thumb here 0 Attorney in Fact 0 Trustee State of California 5m +43&b County of > ss. Date personally appeared Name and Title of Ofher (e g..@Jane Doe, Notary Pub c”) :n/r$j! ” ‘-‘- . B$66onally known to me 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 Commission P 1304934 Notsty Public - Chlifomir f San D.&JO County w h#ycorrm.~MpJ16,2005 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. 7ti-bL -7&4ti L&&L Signature of Notary Public OPTIONAL 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: Document Date: ./- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: fl Individual Top of thumb here Prod. No 5907 Reorder Call Toll-Free t-800-876-6827 May 11,200l Terry Smith CITY OF CARLSBAD Engineering Department 1635 Faraday Ave. Carlsbad, CA 92008 1 LAND USE / COASTAL PLANNING LaANDSCAPE ARCHITlKTURE - wwo POLJCY AND PROCESSING J ENVIRONMENTAL MITIGATION EtIxxwED MAY 15 2001 ENGINE!X!NG DL3’AilTYi~~EPIT RE: PROPOSAL TO PROVIDE SERVICES _ U.S. ARMY CORES PERMIT / COASTAL COMMISSION COMPLIANCE MANAGEMENT SOUTH CARLSBAD VILLAGE STORM DRAIN Dear Terry: In accordance with your request, Planning Systems hereby submits this proposal to provide services for the professional tasks necessary to conduct and manage the biological monitoring and reporting tasks necessary in accordance with the requirements of the U.S. Army Corps of Engineers Nationwide Permit and the California Coastal Commis sion permit for the South Carlsbad Village Storm Dram project. Biological monitoring and permit management is important for this project not only to avoid a shutdown of construction operations, but more importantly because a significant portion of the project takes place in and around environmentally- sensitive Agua Hedionda Lagoon. As a result, professional biological oversight is necessary in order to avoid technical and procedural violations of the environmental permits. TASKS Specific tasks associated with this proposal include (in order as listed in permit special conditions): 1. Coordination and provision of information regarding the requirements of the permit; 2. Written notification to the Corps of parties involved and intent to proceed, schedule; 3. Preparation of as-built drawings; 4. Five (5) years of biological monitoring; 5. Wetland delineation reporting to Corps; 6. Annual biological reports to City, Corps, etc; 1530 FARADAY AVENUE l SUITE 100 l CARLSBAD, CA 92008 l (760) 931-0780 l FAX (760) 931-5744 l planningsystems@nctimes.net Terry Smith May 11,200l Page 2 7. 8. 9. 10. 11. 12. 13: 14. COSTS Monitor installation of construction fencing, photos and reports to Corps; Three (3) times per week site visits; Bi-weekly status reports to Corps; Preparation of as-built report; Preparation/coordination of project bonding; Observation and management to ensure compliance with Coastal Commission special conditions of approval; General coordination as necessary with Corps and Coastal Commission representatives; Landscape architect construction administration; Construction document finalization and landscape construction administration. The costs associated with the above Scope of Work will not exceed $51820.00. Individual task cost breakdown is shown on the attached table. Planning Systems submits monthly statements for payment of work in progress on a time and materials basis. Reimbursable expenses such as printing and photography incidental to the production of documents will be additionally charged at Planning Systems’ cost plus 15%. Invoice payment is typically due 30 days net. Thank you for allowing Planning Systems to submit this proposal. Please call me if you wish to discuss this matter further. Paul J. Klukas Director of Planning Attachment: Individual Task Cost Breakdown Individual Task Cost Breakdown South Carlsbad Village Storm Drain U.S. ACOE - Condition Compliance Management Permit condition SC#l SC#l SC#l SC#2 sc#7?J SC#7e SC#7g. sc#7h SC#S SC#lO SC#14 SC#14 SC #17 Coastal Permit TOTAL Requirement Coordination w/ City; Provision of information Written confirmation to Corps Permit posted on-site Written notice to Corps of construction start/end dates As-built drawings of grading, planting, and irrigation Five years of monitoring Wetland delineation confirming wetlands created 5 annual reports, submittal to City, Corps, etc. Submit biologists name to Corps and Coastal Comm. Monitor to direct installation of construction fencing re: wetland to remain undisturbed, photo and report of Corps Visit site three times/wk., submit bi-weekly status reports to Corps, w/ summary of activities Provide as-built report Provide project cost/negotiate bond for City Observation and management to ensure compliance with Coastal Commission conditions General Coordination as needed with U.S. ACOE and Coastal Commission Landscape construction administration Construction document finalization Bid package administration How I when accomplished Hauls-cost During pre- 8.0 8 $75 = $600 construction meeting Letter after pre-con 2.0 @ $90 = $180 meeting 7 days prior to commencing work When available from installation contractor 1 @I $90 = $90 4 8 $90 = $360 Upon 1 year anniv. 30 @ $90 = $2,700 ersary for five years 35 @ $60 = $2,100 Five year anniv. of allow - $4000 instailation When data is available from monitoring work 7 days prior to 120 @ $90 = 10,800 1 @ $90 = $90 in vicinity of work $10,800 Within 30 days of allow $3,000 impacts completion Prior to impact Three times a week allow $700 allow $5,000 allow $2,500 I allow $4,000 I allow $2,000 I allow $2,500 PLANNING SYSTEMS FEE SCHEDULE (Effective 2/l/01) PRINCIPAL . . . . . . . $13O.OO/hr LAND PLANNERS/SCHOOL FACILITY PLANNERS Director of Planning . . . . . $12O.OO/hr Land/School Planner . . . . . $ 85.oo/hr. Land/Environmental Planner . . . . $ 65OO/hr Planner . . . . . . . $ 65.OO/hr Planning Technician . . . . . $ 4o.oo/hr LANDSCAPE ARCHITECT/HABITAT RESTORATION SPECIALIST Senior Landscape Architect : . . . Project Manager . . . . : . Landscape Designer/Habitat Restoration Specialist . Biologist/Construction Monitor II . . , Construction Monitor I . . . . . Field Tech I . . . . . . . $ 95.oo/hr $ 9o.oo/hr $ 75.oo/h.r $ 75.oo/hr $ 6O.OO/hr $ 5o.oo/hr OTHER Expert Witness, Deposition, & Related Attorney Consult $ 3OO.OO/hr Research . . . . . . $ 2Qo.oo/hr Graphic/Cad Operator . . . . . . $ 55.00/l-u. Researcher/Report Editing . . . . $ 45.oo/hr Word Processing . . . . . $ 35.oo/hr -----------~------------------------------------------ I REIMBURSABLE EXPENSES/BILLING POLICY Supplies and other direct costs; printing, reproduction, graphic aids, travel (airfare & meals), photography, postage, fax & delivery will be billed at cost plus 15%. , Invoices will be issued on a monthly basis unless otherwise agreed. Accounts are due and payable within 30 days of the date of the invoice. Past due accounts will have a finance charge of 1.25% per month compounded. Any revisions to the fee schedule will be provided to you in advance of their institution. Revision will not affect fixed-fee or not-to-exceed contract amount, unless project is temporarily suspended by Client for days.