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HomeMy WebLinkAbout2002-03-05; City Council; 16675; Rancho Carlsbad Channel Maintenance ProjectB# !L, (c 15- - a: APPROVING A CONSULTANT AGREEMENT FOR ITG. 3/05/02 AND FINAL ENGINEERING PLANS FOR 'EPT. ENG ENVIRONMENTAL DOCUMENTATION AND PERMllTlNG RANCHO CARLSBAD CHANNEL MAINTENANCE PROJECT PROJECT NO. 3338 RECOMMENDED ACTION: Adopt Resolution No. --3-@7? approving a consultant agreement with Rick Engineering Company for the completlon of envlronmental documentation and permitting and final engineering plans for the Rancho Carlsbad Channel Maintenance Project, Project No. 3338. ITEM EXPLANATION: The Rancho Carlsbad Mobile Home Park (RCMHP) is an existing 108-acre, 504-space mobile home park located north and east of El Camino Real at Rancho Carlsbad Drive (see Exhibit 1). The RCMHP is a flood prone area due to the flooding potential of Agua Hedionda Creek and Calavera Creek that traverse the park and join together north of El Camino Real. The Rancho Carlsbad Channel Maintenance Project is the first project in a series of recommended significant reduction to the flooding potential in this area. Other recommended improvements to be improvements contained in the Drainage Concept Plan for this drainage basin that will lead to a drainage detention basins upstream of the RCMHP. constructed by developing properties or future Capital Improvement Projects consist of four (4) On November 4, 1997, per Resolution No. 97-672, the City Council approved a consultant the Rancho Carlsbad Channel and Basin Project. The Drainage Concept Plan Report dated agreement with Rick Engineering Company for the preparation of a Drainage Concept Plan for June 30, 1998 was completed by Rick Engineering Company. The Drainage Concept Plan Report includes preliminary environmental impacts and summarizes the hydrologic and hydraulic studies conducted on the basin. In addition, the report makes recommendations for implementing the concept plan and thereby minimizing the 100-year flooding to the Rancho Carlsbad Mobile Home Park. On October 20, 1998, per Resolution No. 98-350, the City Council approved a consultant agreement with Rick Engineering Company to complete the initial phase of implementation of the Drainage Concept Plan which would involve the completion of environmental documentation and permitting and final engineering plans for the construction of the following improvements: 1. Detention Basin BJB (Master Storm Drain Facility BJB). 2. Calavera Creek (Master Storm Drain Facility BJ) and Agua Hedionda Creek Silt Removal and Channel Improvements within the Rancho Carlsbad Mobile Home Park. Master Storm Drain Detention Basin BJB is sited at the northeast intersection of the future extension of College Boulevard and Cannon Road on property owned by the Robertson Ranch (see Exhibit 1). The Calavera Hills Master Plan Amendment EIR (EIR 98-2), which includes the extension of College Boulevard and Cannon Road, was initiated in 1999. Due to the fact that Detention Basin BJB abuts College Boulevard and Cannon Road, the environmental processing for Detention Basin BJB was removed from the scope of the stand-alone City CIP drainage project and included in the processing for EIR 98-2. In addition, due to the high appraised value of the right-of-way for Detention Basin BJB and with the impending development of the Robertson Ranch and the construction of Cannon Road and College Boulevard, Detention Basin BJB was removed from the scope of the City CIP drainage project. Detention Basin BJB is scheduled to be constructed by the developer with the construction of Cannon Road and College Boulevard. The attached consultant agreement and scope of work (see Exhibit 3) therefore includes only the work items to complete the Silt Removal and Channel improvements within the RCMHP, identified as the Rancho Carlsbad Channel Maintenance Project. Page 2 of Agenda Bill No. / h! b 75- The agreement with Rick Engineering per Resolution 98-350 to complete the initial phase of The technical reports and studies pursuant to CEQA for the Calavera Creek and Agua Hedionda implementation of the Drainage Concept Plan expired in October 2000 after a two (2) year period. Creek improvements within the RCMHP have been completed. The project is being designed to be environmentally sensitive and to avoid all impacts to existing mature trees. On receipt of an exhibit (included in the scope of work) showing that the existing trees in each of the creeks will not be impacted by the construction actidty within the RCMHP, a CEQA determination MI be rendered. of the Drainage Concept Plan for the Rancho Carlsbad Channel and Basin Project and Staff previously received Statements of Qualifications from four (4) consulting firms for preparation on staffs judgment that this firm was the most qualified to perform the services. City Council recommended to Council that an agreement with Rick Engineering Company be approved based concurred with this recommendation and approved the agreement. Subsequently, based on Rick Engineering's understanding of the project and their performance in preparing the Concept the implementation of the initial phase of the Concept Plan be approved. City Council concurred Plan, staff recommended to Council that a second agreement with Rick Engineering Company for with this recommendation and approved the agreement. Due to outside factors not related to the consultant's performance, certain of the tasks but not all of the tasks covered in the second agreement were completed. This agreement expired in October 2000. It is recommended that the City Council approve the attached consultant agreement with Rick Engineering Company (Exhibit 3) for completion of the environmental documentation and permitting and final engineering plans for the Rancho Carlsbad Channel Maintenance Project. ENVIRONMENTAL REVIEW Drainage improvements included in the City's Master Drainage Plan are consistent with the City's General Plan. The Scope of Work includes the completion of exhibits which, together with would be used as the basis for an environmental determination in accordance with CEQA. previously completed technical reports and studies and Environmental Initial Study and Checklist, permits from the California Department of Fish and Game, the Regional Water Quality Control In addition, the Scope of Work includes the preparation of the application packages for securing Board and the U.S. Armycorps of Engineers. The Planning Director has determined that execution of this contract is exempt from CEQA because the first phase of the contract will include preparation of CEQA documents. A CEQA determination in the project will be made once the additional preliminary engineering work authorized pursuant to Phase 1 of the consultant agreement is completed. The Phase II final engineering work will not be initiated until affer completion of the appropriate CEQA determination. FISCAL IMPACT: The fee included in the attached agreement with Rick Engineering Company is $103,842. A summary of the total project costs is show below: Engineering Services - current agreement Engineering Services -other Appraisal Services I InsDection, etc. CURRENT APPROPRIATION ADDITIONAL APPROPRIATIONS REQUIRED Esfimated Total Project Cost Planned Local Drainage Area B 23.000 $1,260,500 $1.120,000 Since the total project cost is estimated to be $1,260,500 and the current appropriation is only $1,120,000, an additional appropriation of $140,500 will be required from the Planned Local Drainage Area fund. Page 3 of Agenda Bill No. / L, h l5 " A FEMA Hazard Mitigation Grant application was submitted for this project through the Governor's Office of Emergency Services. The City was notified in June 1999 that the application was approved. The maximum allowable reimbursement is $539,663 Wich will offset the cost. In addition, approximately $425,000 will be contributed by the property owners in the $318,000 plus interest is being paid ow 10 years starting in 1999. Rancho Carlsbad Mobile Home Park for flood control improvements. The principal amount of EXHIBITS: 1. Location Map. 2. Resolution No. &;GJ -07q approving a consultant agreement with Rick Engineering Company for environmental documentation and permitting and final engineering plans for the Rancho Carlsbad Channel Maintenance Project, Project No. 3338. 3. Consultant agreement with Rick Engineering Company. 3 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 26 RESOLUTION NO. xKc”J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH RICK ENGINEERING COMPANY TO PREPARE ENVIRONMENTAL DOCUMENTATION AND PERMITTING AND FINAL ENGINEERING PLANS FOR THE RANCHO CARLSBAD CHANNEL MAINTENANCE PROJECT, PROJECT NO. 3338. WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds for he Drainage Channel and Desiltation BasinICannon Road project; and WHEREAS, Statements of Qualifications were previously solicited to prepare a Drainage >oncept Plan from qualified engineering firms; and WHEREAS, Rick Engineering Company was selected as the most qualified to prepare the lrainage Concept Plan and the Concept Plan has been completed in a satisfactory manner; and WHEREAS, Rick Engineering Company is the most qualified to complete environmental locumentation and permitting and final engineering plans for implementation of the initial phase of he Concept Plan for a fee of $103,842; and WHEREAS, $1,260,500 is the total project cost and only $1,120,000 of Planned Local lrainage Area B funds are appropriated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, >alifornia, as follows: I. That the above recitations are true and correct. 2. That a consultant agreement with Rick Engineering Company for preparation of mvironmental documentation and permitting and final engineering plans for Project No. 3338 as lescribed in the attached agreement is hereby approved and the Mayor is hereby authorized and lirected to execute said agreement. 3. That an additional appropriation of $140,500 is hereby approved from the Planned .oca1 Drainage Area B fund to the project account 11 I/ 11 11 11 5 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 28 1 4. Following the Mayor's signature of the agreement, the City Clerk is further authorized and directed to forward copies of said agreement to Ridc Engineering Company and the Engineering Department design division for their files. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 5th day of MARCH , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard; Hall NOES: None 4TTEST - ORkAME WOOD, City Clerk 6 AGREEMENT FOR ENVIRONMENTAL AND ENGINEERING SERVICES RICK ENGINEERING COMPANY THIS AGREEMENT is made and entered into as of the 7 r& day of 4A-pcl.t , 20& by and between the CITY OF CARLSBAD. a municipal corporation, ("City"), and RICK ENGINEERING COMPANY, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of an Engineering Contractor that is experienced in environmental documentation, permitting, hydraulic engineering and preparation of engineering plans, specifications and estimates. B. Contractor has the necessary experience in providing professional services and advice related to providing a solution to the drainage and sediment problems and resultant impacts to the Rancho Carlsbad Mobile Home Park (RCMHP). C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A, which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. - TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period 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. 1 City Attorney Approved Version ~705.22.01 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total not to exceed fee payable for the Services to be performed during the initial Agreement term will be ninety two thousand five hundred ninety two dollars ($92,592) with an option for an additional not to exceed amount of eleven thousand two hundred fty dollars ($1 1,250) for additional studies and meetings. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 2 City Attorney Approved Version #05.22.01 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Except as to the sole negligence or willful misconduct of City, Contractor will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney's fees, which arises out of, or is in any way connected with the performance of, the Services by Contractor or any of Contractor's employees, agents or subcontractors, notwithstanding that City may have benefited from their services. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will 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". 10.1 Coverases and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability Contractor's work for City). $1,000,000 injury and property damage. (if the use of an automobile is involved for combined single-limit per accident for bodily 3 City Attorney Approved Version #05.22.01 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance .policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time, 4 City Attorney Approved Version #05.22.01 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant' to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor aarees that all cowriahts that arise from the services will be vested in City and Contract& relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. ._ I For Citv: For Contractor: Title: Deputy Public Works Director Name: Dennis Bowling, Rick Engineering Department: Engineering Services Title: Vice President City of Carlsbad Address: 5620 Friars Road Address: 1635 Faraday Avenue Sari Diego, CA 921 10 Carlsbad, CA 92008 Phone No. (619) 291-0707 Phone No. (760) 602-2730 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 5 City Attorney Approved Version #05.22.01 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the Performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 City Attorney Approved Version iK5.22.01 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for 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 information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #05.22.01 7 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill 8 City Attorney Approved Version #05.22.01 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR RICK ENGINEERING COMPANY, a California corporation "By: g&-.d&? sign here) TbZL D I/&N GE.5 se ,~~~<.k+ -. Vice President ATTEST: "'By: (sign here) KO X .A &Ge-%Z l-bAmcdBftahi. Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation 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 R. BALL, City Attorney ~ By: c4m.AGL IC uw&%vL Deputy City Attorney 9 City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5901 I , State of !$-A I GZC? R /V t 19 ~ County of Sm -b /.E6 (7 ~ On &zoJ~.Y DATE rt', 3.003- before me, Al~Dfi -7 J NAME, nu OF OFFICER. E.G.. 'JANE WE. NOTARY ~ue& personally appeared -&GAD L!L?w &? $4. x&- /%t?Sc&m '74 . &mZTR.rL;GL';r &+?& 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 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. NAME(S) OF SIGNERIS) SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION Of ATTACHED DOCUMENT, u PARTNER(S) u LIMITED 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUAROIAN/CONSERVATOR 0 OTHER: 0 GENERAL 15 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OFPERSONIS) OR ENTWIES) SIGNER(S) OTHER THAN NAMED ABOVE 81993 NATIONAL NOTARY ASSOCIATION * 8236 Rernmel Aye., P.O. Box 7184 - Canoga Pah, CA 91309-7184- EXHIBIT “A” SCOPE OF SERVICES RANCHO CARLSBAD CHANNEL MAINTENANCE PROJECT PHASE II CONTRACTORS OBLIGATION The following scope of work describes the tasks required for the Rancho Carlsbad Channel Maintenance Project. I. ENVIRONMENTAL DOCUMENTATION, PERMITTING AND PRELIMINARY ENGINEERING PHASE A. Environmental Documentation 8, Permitting (RECON) Task 1: 404 PermiV401 State Water Quality Certificationll601 Streambed Alteration Agreement Application Packages 1. Prepare a 404 Permit application package to be submitted to the U.S. Army Corps of Engineers. The application form will need to be signed by the City ( the applicant). 2. Prepare a 401 State Water Quality Certification application package for submittal to the Regional Water Quality Control Board. A draft letter to the RWQCB will be prepared that will be required to be printed on the Cityk letterhead. An application fee paid by the City will also need to be submitted with the application package. 3. Prepare a 1601 Streambed Alteration Agreement application package for submittal to the California Department of Fish and Game. The application form will need to be signed by the City. An application fee paid by the City will also need to be submitted with the application package. 4. Provide consultation time to attend meetings and provide assistance to the resource agencies during the processing of the application packages. 5. Any additional studies required by the jurisdiction or resource agencies, such as directed searches for particular sensitive species would be conducted only with subsequent authorization from the client. $5,603 10 City Attorney Approved Version #05.22.01 -2: Mitigation Plan (Optional) 1. Prepare a conceptual mitigation plan describing measures to compensate for impacts to jurisdictional waters, including wetlands, anticipated from the proposed channel maintenance project. $1,146 Task: Wetlands Delineation (Optional) 1. Conduct a wetlandljurisdictional delineation according to the U.S. Army Corps of Engineers and California Department of Fish and Game guidelines on Agua Hedionda Creek and Calavera Creek within the bounds of the Rancho Carlsbad Mobile Home Park (project area). 2. Prepare a wetland delineation report that summarizes the results of the wetland/jurisdictional delineation and provides a map showing the location of these resources. $2,143 B. Preliminary Engineering (Rick Enaineerina ComDanv) The scope of work for Rick Engineering Company for this Phase will be to provide field surveys in the mobile home park to verify the actual channel topography and potential encroachments, to conduct final hydraulic analysis for channel improvements and to prepare exhibits of channel improvements for CEQA. -1: Field Surveys, Final Hydraulic Design and Exhibits 1. Preliminary Engineering and Coordination, field walk and contract administration (T&M) $6,500 2. Prepare final hydraulic design for the Agua Hedionda Creek channel improvements including a proposed condition HEC-2 analyses for Agua Hedionda Creek based on the field-surveyed cross sections. This hydraulic design will assume no channel improvements within the Calaveras Creek channel. Included in this task will be design of erosion protection as needed at the confluence of Agua Hedionda Creek. $6,500 3. Prepare a report outlining the results of the final hydraulic design and channel improvements for Agua Hedionda Creek detailing the existing split-flow situation' within Calaveras Creek where it enters the Rancho Carlsbad Mobile Home Park and how the flow will be conveyed once the proposed improvements have been constructed. $1,500 4. Prepare exhibit(s) showing the limits of the impacts to Agua Hedionda report. $1,000 Creek based on the Channel Improvements to be included with the City Attorney Approved Version #05.22.01 11 5. Process the report through the City of Carlsbad. (T&M) $1,800 6. Design Surveys (topographic design survey Agua Hedionda Creek only) $6,200 7. Field locate existing trees as identified/flagged by the City of Carlsbad and Rick Engineering $500 8. Expenses (T&M) $700 Task 1 Subtotal = $24,700 Phase I Total = $33.592 II. FINAL ENGINEERING PHASE A. Final Plans and Storm Water Pollution Prevention Plan (Rick Enaineerinq Comoanv) Task 1: Final Plans, Specifications and Estimates 1. Prepare 40-scale improvement and grading plans, cost estimates, and specifications for the channelization needed at the confluence of will be prepared for the dredging of the Agua Hedionda Creek within the Calaveras Creek and Agua Hedionda Creek. Additionally, grading plans disposition of dredged material. It is assumed only three submittals (50%, mobile home park including plans, specifications and estimates for 90%, 100%) will be required. The task includes plan processing and coordination and meetings for review of planchecks. $25,000 2. Prepare legal descriptions and easement plats for the required construction and right-of-way easements needed for the project. It is assumed that easements for the grading within the channels will be required from only two property owners. . $6,000 3. Subconsultant Coordination & Contract Administration (20 hrs. T&M) $2,000 4. Expenses (TAM) $3,000 Task 1 Subtotal = $36,000 12 City Attorney Approved Version #05.22.01 Task: Notice of Intent and Storm Water Pollution Prevention Plan 1. Prepare a Storm Water Pollution Prevention Plan (SWPPP) and design water quality facilities to meet the provisions set forth in the National Pollution Discharge Elimination System (NPDES) General Permit for Construction Activity (SDRWQCB Municipal Permit Order 2001-01). Services will include the preparation of a Notice of Intent (NOI) for Client execution and submittal to the State Regional Water Quality Control Board. $7,000 2. Develop a storm water monitoring program for compliance with the modifications to the Water Quality Order No. 99-08-DWQ State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity (General Permit).The scope of work includes identification of stonn water monitoring locations, preparation of storm water monitoring program and manual and contractor training to implement the program. $3,600 Task 2 Subtotal = $10.600 Rick Engineering Company Final Engineering Subtotal = $46,600 B. Landscape Architecture (Urban Arena) m: Revegetation Plans 1. Prepare revegetation plans, specifications and estimates required for channel dredging and channel modifications of the Agua Hedionda Creek. $8,500 (If irrigation plans are not required then there is a reduction in fee of $2,000) 2. Provide Construction Administration (T&M) $2.400 3. Expenses (T&M) $1,500 Urban Arena Subtotal = $12,400 Phase II Total = $59.000 PROJECT TOTAL = $92,592 13 City Attorney Approved Version #05.22.01 111. OPTIONAL SERVICES (AS AUTHORIZED BY THE CITY OF CARLSBAD) A. Resource agency meeting attendance (two meetings at three hours each.) (T&M) $1,700 B. Mobile home park presentation (one meeting at four hours each). (T&M) $1,400 C. Miscellaneous exhibits for presentations (three exhibits) (T&M) $3,500 D. Team status meetings held at City of Carlsbad (six meetings at three hours each). ~ (T&M) $4,100 E. Letter to McMillin Land Development explaining the existing split-flow situation within Calaveras Creek and how future flows will be conveyed in this area. $550 Total = $1 1,250 ClWS OBLIGATIONS A. The City of Carlsbad will provide the necessary title reports, maps, and right-of- way drawings to prepare the easement plats and the City of Carlsbad will obtain all appropriate signatures for the grant deeds. 6. The City will act as the project manager and any outside coordination and support with public agencies, school districts, parks department, and/or property owners will be the City of Carlsbad's responsibility. In addition, the City of Carlsbad will be responsible for any agency processing or permit fees. The City will obtain all letters of permission to grade the project. C. As-builts are not included. D. Bid and construction support services are excluded from this contract. E. The final plans will be submitted on photo mylars. F. Retaining walls will not be required for this project. G. It is assumed that the previous geotechnical report and environmental site assessment completed in July and April of 2000 by GEOCON is still valid and that no additional geotechnical work is required. H. Construction staking is excluded. I. Storm water collection and analysis will be paid by the City and performed by others. J. Dry utility design, if necessary. to be provided by others. K. Potholing is not included. 14 City Attorney Approved Version #05.22.01 L. The final plans will be submitted on photo mylars. The City to provide electronic file formatting prior to the start of work. M. Tree preservation program if required including meetings, preliminary engineering and final engineering and landscaping have been excluded from this contract. N. Design of any water, sewer and storm drain outside the channel dredging limits is excluded. 15 City Attorney Approved Version #05.22.01