HomeMy WebLinkAbout2004-03-16; City Council; 17547; Carlsbad city golf course project redesignAB# 17,547 -
MTG. 03/16/04
DEPT. RECREATION
CITY OF CARLSBAD --AGENDA BILL
TITLE :
CONTRACTS FOR REDESIGN OF THE
CARLSBAD CITY GOLF COURSE PROJECT CITY MGR~
RECOMMENDED ACTION :
It is recommended the City Council ADOPT RESOLUTION NO. 2004.-086 approving
contracts for the redesign of the Carlsbad City Golf Course Project and appropriate funds.
ITEM EXPLANATION :
On December 9, 2003, the City Council unanimously adopted Resolution No. 2003-324 which
authorized proceeding with the development of the Carlsbad City Golf Course Project. Since this
date, staff has worked with the numerous members of the City’s project design team and has
assembled a series of professional service contracts intended to restart the project. As was
discussed in length at the December 9, 2003 City Council meeting, the August 8, 2003 approval
by the California Coastal Commission of negotiated revisions to the project produced the final
entitlement / permit for the City’s Golf Course Project. Those revisions are extensive in nature
and require a substantial amount of design effort to prepare a revised set of documents which
will be utilized by the City as (I) the submittal set for review required by the various Resource
Agencies, including the California Coastal Commission, and, (2) the construction document
package of drawings, plans, exhibits, specifications, and revised estimates. Attached for the City
Council’s review and approval are three design service contracts required to restart the project:
Golf Course Architecture Greg H. Nash, Incorporated
Civil Engineering P & D Consultants, Incorporated
su b-d isciplines included:
Environmental Services P & D Consultants
Landscape Architecture KTU&A Architects
Structural and Bridge Engineering Moffatt and Nichol Engineers
Water System Design Pacific Aquascape
Geotechnical Engineering Leighton Engineering
Archeology and Cultural Resources Gallegos and Associates
San Luis Rey Band of Mission Indians
sub-discipline included:
Native American Archeological Monitoring
These contracts are with the same consultants that were originally selected by the City for this
project many years ago and are in compliance with the requirements of CMC Section 3.28
regarding the acquisition of professional services. They have continued to consult with the City
during the time this project has been under review by the numerous Resource Agencies. One
design team member whose design work does not currently require revisions is the building
architect Douglas Fredrikson Design, Incorporated. No revisions to the clubhouse, on-course
restroom facilities, half-way house, and maintenance facility are required at this time. It may be
necessary in the future to make modifications to this design package if the City decides not to
build the permanent clubhouse with the golf course and elects to install a small, temporary
clubhouse facility. Staff is currently gathering further information, financial data, and interviewing
owners and operators of other similar facilities and will return to the City Council with an analysis
of this subject in the future.
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The necessary redesign work will require approximately 3 to 4 months to complete. This will be
followed by a formal submission of the various design documents to the Resource Agencies,
including the California Coastal Commission, for a “compliance check to verify plans are in
accordance with approved permits and entitlements. The archeology work will require
approximately 5 to 6 months to complete and is a requirement of the project permits as well.
Because the project permits contain a nesting season grading restriction (March 1”to September
I St) for the resident California Blacktailed Gnatcatcher, implementation of the City Golf Course
Project will require a two-phased construction process. As was discussed at the December 9,
2003 City Council presentation, an initial 2 to 3 month “site clearing and grubbing” operation will
be undertaken in the Fall of 2004 which will act as an important pre-grading step that will activate
the City’s permits. Formal grading of the site will begin in September of 2005 and be followed by
the remaining course and building construction activities. A Spring, 2007 opening is targeted for
the City Golf Course Project.
Staff recommends approval of the attached consulting agreements to restart the design team
and begin the necessary redesign work.
Staff wishes to note the City Golf Course Project is entirely dependent upon the City finalizing the
Carlsbad Habitat Management Plan (“HMP”) and executing the required “Implementing
Agreement” with the involved Resource Agencies. Planning Department staff continue to work
very closely with the Resource Agency staffs in finalizing the few remaining details in both the
plan and agreement. Completion of this work effort and certification of the plan is anticipated to
be finalized within the next few months.
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I FISCAL IMPACT:
Preliminary construction cost estimates have been prepared and range between $24.4 million
and $29.4 million depending on whether a permanent or temporary clubhouse is constructed.
These estimates are in 2003 dollars.
The financing for the Golf Course Project will come first from the issuance of bonds and then
from other funding sources as needed. It is expected the City will issue tax-exempt bonds in the
$15 million range and will advance the remainder of the costs of construction (between $12
million to $17 million) from the General Fund unless partnerships or other private funds are
identified. The bonds will be repaid from the Golf Course revenues. Under the projected
schedule, the bonds will be issued in the Summer or Fall of 2005.
The City Council should be aware that the bond issue under this scenario will require the full faith
and credit of the Citv’s General Fund. Also, if interest rates rise prior to the issuance of the
bonds, less money will be available to use towards construction. This will increase the amount of
advance needed from the General Fund. Greens fees will need to be set at a level that will
guarantee sufficient net income to make payments on the bonds. If there is not sufficient net
income for the bond payments, the only back up revenue source will be the General Fund.
In order to proceed with the redesign phase, staff requests the City Council appropriate $988,000
from the Golf Course Fund balance. The Golf Course Fund has approximately $2.2 million
available from previous advances from the General Fund.
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The following is a breakdown of the redesign phase costs:
Golf Course Architecture:
Civil Engineering and Related Sub-disciplines - civil engineering $ 259,525 - environmental services 105,040 - structural & bridge engineering 48,300 - landscape architecture 49,920 - water features and irrigation system design 52,140 - geotechnical engineering 26,820 - reimbursables for all redesian work 15,000
Total Civil Engineering Redesign:
$ 96,400
$ 556,745
Cultural Resource Data Recovery by Archeologist $ 229,650
15,000 - Native American Monitorina Services
Total Archeological Phase Work !J 244,650
Subtotal All Redesign Work: - Contingency (1 0%) I $897,795
90,000
Total Redesign Phase: $ 987,795
Attached as Exhibit 2 are the 2003 updated project estimates which the City Council reviewed on
December 9, 2003. The redesign costs for these 3 contracts are identified as 4(a), 4(b), and
4(c) in this December, 2003 updated estimate. Staff requests the City Council appropriate
$988,000 from the Golf Course Fund Balance to enable the redesign work to begin.
EXHIBITS:
1. Resolution No. 2004-086 approving various consulting agreements and a
2.
3.
4.
5.
transfer of funds for the redesign of the Carlsbad City Golf Course Project.
December, 2003 Updated Project Budget.
Agreement with Greg H. Nash, Incorporated.
Agreement with P & D Consultants, Incorporated.
Agreement with Gallegos and Associates.
DEPARTMENT CONTACT: John Cahill, Municipal Projects Manager, (760) 602-2726 ( e-mail
address: jca hi@ci .carlsbad .ca. us )
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RESOLUTION NO. 2004-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS AND
APPROPRIATING FUNDS FOR REDESIGN .OF THE
CARLSBAD GOLF COURSE PROJECT, PROJECT NO. 30721
WHEREAS, on December 9, 2003 the City Council of the City of Carlsbad, California, adopted
Resolution No. 2003-324 authorizing proceeding with the development of the Carlsbad City Golf Course
Project, hereafter referred to as the “Project,” and
WHEREAS, agreements for the redesign of said Project have been prepared and are hereby
presented for City Council’s review and action; and
WHEREAS, the City’s acquisition of professional services related to this Project were secured in
compliance with CMC Section 3.28; and
WHEREAS, an appropriation from the Golf Course Fund balance in the amount of $988,000 is
required to enable approval of the aforementioned agreements and to proceed with the necessary redesign
of the Project; and
WHEREAS, it is necessary, desirable, and in the public interest to proceed with the approval of
agreements for the redesign of the Project and approve a funds transfer at this time.
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 City Council does hereby approve contracts with Greg H. Nash, Incorporated, P & D
Consultants, Incorporated, and Gallegos and Associates for the redesign of the Project and the
Mayor is authorized to execute said agreements on behalf of the City. Following the Mayor’s
signature of said agreements, the City Clerk is directed to forward copies of this Resolution and
the respective executed agreements to the 3 parties involved and the Recreation Department.
3. That the City Council does hereby approve an appropriation of $988,000 from the Golf Course
Fund balance for this work.
Ill
Ill
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held
onthe 16th dayof March , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST
W (SEAL)
Resolution No. 2004-086 page 2
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EXHIBIT 2
2 OFF SITE LAND ACQUISITION
a. Wetlands Property Acquisition 0 0
b. Wetlands Mitigation Project
c. SMC Property Acquisition
d. County Core 51 Acres Acquisition
Subtotal Off Site Land Acauisition:
0 0
0 0
$ 1,377,000 $ 1,377,000
S 1.377.000 S 1.377.000
3 OTHER DIRECT PROJECT COSTS
a. FFE for Club House and Half-Way t
b. FFE for Maintenance Facility
c. Golf Course Start Up Budget
d. Contingency (5%)
Subtotal Direct Project Costs:
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$ 500,000 $ 200,000
$ 250,000 $ 250,000
$ 450,000 $ 450,000
$ 60,000 $ 45,000
$ 1,060,000 $ 946,000
I Subtotal Other Indirect Project Costs:
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$ 2,073,000 $ 1,837,000
6 TOTAL PROJECT BUDGET. $ 29,416,343 $ 24,414*=
AGREEMENT FOR ARCHITECTURAL SERWCES
REDESIGN OF CARLSBAD CITY GOLF COURSE PROJECT
GREG H. NASH, INCORPORATED
EMENT is ade and entered into as of the 3Ist day of
corporatkh, ("City"), and GREG H. NASH, INCORPORATED, an Arizona corporation,
("Contractor").
, 20E, .I" by and between the CITY OF CARLSBAD, a municipal
RECITALS
A. City requires the professional services of a Golf Course Architect that is
that is experienced and knowledgeable of the proposed Carfsbad City Golf Course
Project, hereafter referred to as the "Project."
B. Contractor has the necessary experience in providing the required
services and advice to the City since Contractor has previously designed said Project
under a prior contract with the City.
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.
E. City and Contractor wish to ratify work completed without benefit of
contract.
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
THIS AGREEMENT RATIFIES WORK COMPLETED TO DATE. The City Manager
may amend the Agreement to extend it for two (2) additional one (1) year-periodsor
parts thereof in an amount not to exceed fifty thousand dollars (!$5O,OOO) per Agreement
year. Extensions will be based upon a satisfactory review of Contractor's performance,
insurance documents, 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.
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4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COM PEN SATlON
The total fee payable for theaservices performed during the initial Agreement term will
be seventy-one thousand four hundred dollars ($71,400) as described in Exhibit "A." No
other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement.
6. STATUS OF CONTRACTOR
Contractor has performed 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.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
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9. INDEM N I FlCATlON
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
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 in whole or in part 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.
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 this 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 Coverages 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 .I Commercial General Liability 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 Liabilitv (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and Emplover's Liability. 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. Workers' Compensation
insurance is waived for purposes of ratifvinq services completed to date.
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
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
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 Providing 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 Coverage. 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.
1 I. 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.
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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 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 agrees that all copyrights that arise from the services will be vested in City
and Contractor 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.
For City: For Contractor:
Name John Cahill Name: Greg H. Nash
Title Municipal Projects Manager Title: President
Department Recreation Address: 11 30 East Missouri Avenue
City of Carlsbad Phoenix, Arizona 85014
Address: 1200 Carlsbad Village Drive Phone No.: 602-265-5612
Carlsbad, California 92008
Phone No.: 760-602-2726
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,
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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.
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 (1 0) 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.
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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 solicitor 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 seq., 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
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acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement .
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 cou n t y .
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.
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. /=7
CONTRACT01 7 CITY OF CARLSBAD, a municipal
m.
Irnia
I- .- - ’ (print name/title) 5 e~ej-1 *
(e-mail address)
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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-P reside n t
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
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:
By:
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EXHIBIT “A”
BASIC SERVICES
Construction Documents Phase (1 8-Holes Desian)
1.1.1 Upon written approval by the Owner of the Revised Design Studies, the
GCA shall prepare for Owner‘s approval, a complete set of Construction Documents
consisting of the complete set of Revised Working Drawings necessry for construction
of the Project.
Complete Set of Revised Working Drawings (I &Holes)
Hole #I Complete redesign of golf hole. New General Grading Plans,
New Green Detail, New Green Drain, New Sprinkler Plans, New Landscaping Plan and
New Turfing Plan.
Hole #2 No changes to current Construction Documents.
Hole #3 No changes to current Construction Documents
Hole #4 No changes to current Construction Documents
Hole #5 Relocate green to minimize sensitive area disturbance. New
Green Detail, New Green Drain, Revised Sprinkler Plans, Revise Turfing Plans, and
Revise Landscaping Plan.
Hole ##6 Relocate Tees and Green to minimize sensitive area
disturbance. Revise General Grading Plan, New Green Detail, New Green Drain,
Revise Sprinkter Plans, Revise Landscaping Plan, and Revise Turfing Pian.
Hole #l7 No changes to current Construction Documents.
Hole #8 Complete redesign of golf hole. New General Grading Plans,
New Green Detail, New Green Drain, New Sprinkler Plans, New Landscaping Plan, and
New Turfing Plan.
Hole ##9 Complete redesign of golf hole. New General Grading Plans,
New Green Detail, New Green Drain, New Sprinkler plans, New Landscaping Plan, and
New Turfing Plan.
Hole #I 0 Relocated entire golf hole to the northwest and redesign to minimize sensitive area disturbance. New General Grading Plans, New Green Detail,
New Green Drain, New Sprinkler Plans, New Landscaping Plan and New Turfing Plan.
1
Hole #11 Relocate entire golf hole to the northwest and redesign to
minimize sensitive area disturbance. New General Grading Plans, New Green Detail,
New Green Drain, New Sprinkler Plans, New Landscaping Plan and New Turfing Plan.
Hole #12 Make minor grading revisions to General Grading Plan to
accommodate additional art path. (Old #I 3)
Hole #13 No changes to current Construction Documents. (Old# 14)
Hole #14
New Green Detail, New Green Drain, New Sprinkler Plan, New Landscaping Plan, and
New Turfing Plan.
Complete redesign of golf hole. New General Grading Plans,
Hole #I 5 Relocate tee complex to the north. Revise General Grading
Plans for Tee Complex and Archeological Site. Revise Sprinkler Plan, Revise
Landscaping Plan, and Revise Turfing Plan.
Hole #16 No changes to current Construction Documents.
Hole #I 7 No changes to current Construction Documents.
Hole #I 8 Redelineate lake configuration. Revise General Grading,
Revise Sprinkler Plans, Revise Landscaping Plan, and Revise Turfing Plan.
Practice Range Complete redesign of Practice Range. New General
Grading Plans, New Sprinkler Plans, New Landscaping Plan, and New Turfing Plan.
Note: Any drainage and/or erosion control plans shall be prepared by a Civil Engineer.
1.1.2
approved, in writing, the Construction Documents.
The Construction Documents Phase will terminate when the Owner has
1.1.3 The GCA shall attend up to a maximum of six (6) one day meetings with
the Owner and/or a designated committee during this Phase.
BASIC SERVICES FEE:
Construction Documents Phase @ 33% complete
Construction Documents Phase @ 67% complete
Construction Documents Phase @ 100% complete
TOTAL
$23,800.00
$23,800.00 $23,800.00
$71,400.00
EXHIBIT 4
AGREEMENT FOR REDESIGN SERVICES FOR
THE CARLSBAD CITY GOLF COURSE PROJECT
P & D CONSULTANTS, INCORPORATED
THIS AGREEMENT is made and entered into as of the 9* day of
, 2004, by and between the CITY OF CARLSBAD, a municipal
corpolation, ("City"), and P & D CONSULTANTS, INCORPORATED, a California
corporation, ("Contractor").
RECITALS
A. City requires the professional services of an experienced multi-discipline
engineering and architecture firm that is knowledgeable of the proposed Carlsbad City
Golf Course Project, hereafter referred to as the "Project."
6. Contractor has the necessary experience in providing professional
services and advice related to the Project.
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:
I. 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 two (2) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts thereof in an amount not to exceed twenty-five
thousand dollars ($25,000) per Agreement year. 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.
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4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be five hundred fifty six thousand seven hundred forty five dollars ($556,745)
described by design discipline as follows:
Services Provided
Civil Engineering
Environmental Landscape Architecture Structu rat Engineering Water System Design Geotechnical Engineering General Reimbursables
No other compensation for the
subsequent amendments to this
Firm Providinq Services Fee Value
P & D Consultants $259,525
P & D Consultants $ 105,040
KTU&A $ 48,300 Moffatt & Nichol $ 49,920 Pacific Aquascape $ 52,140 Leighton & Associates $ 26,820
P & D Consultants $ 15,000
Services will be allowed except for items covered by
Agreement .
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
City Attorney Approved Version W4.01.02 2
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.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
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 in whole or in part 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.
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 this 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".
IO. 1 Coverages 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 Liability 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
City Attorney Approved Version #04.01.02 3
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Employer'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 Liability. 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
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
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 Providinq 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 Coveraae. 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.
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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.
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 agrees that all copyrights that arise from the services will be vested in City
and Contractor 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.
For City: For Contractor:
Name: John J. Cahill Name: Charles Moore
Title: Municipal Projects Manager
Department: Recreation Address: 8954 Rio San Diego Drive,
City of Carlsbad
Address: 1200 Carlsbad Village Drive, Phone No.: 61 9-291 -1475
Carlsbad, California 92008
Phone No.: 760-602-2726
Title: Vice President
Suite 61 0, San Diego, California 921 08
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.
City Attorney Approved Version #04.01.02
5
27
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.
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
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City Attorney Approved Version #04.01.02
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.
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 othewise 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
City Attorney Approved Version #04.01.02
7
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.
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 &ccessors. 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
8
City Attorney Approved Version M4.01.02
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
*By:
ATTEST: (print nameltitle)
City Cl&k A- h. UMW, cfo
(print nameltitle)
9”’“ (e-mail addresx
efl.UmkcL/a-kb. aecrn.ccw
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a CorDoration, 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 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 R. EjA_LL, City Attorney
By:
City Attorney Approved Version #04.01.02
9
SCOPE OF SERVICES FOR
CARLSBAD GOLF COURSE REDESIGN
February 12,2004
The following is P&D’s scope of services for civil engineering and environmental services; and
services for StructuraVbridge engineering, landscape architecture, and water feature design to be
provided by subconsultants.
A. CIVIL ENGINEERING SERVICES (P&D)
P&D will provide civil engineering for an updated and new design package per the City of
Carlsbad’s approved Golf Course Grading Plans dated June 12, 2000. As noted, this work effort
is not a construction change, but a new plan package. P&D will use, where appropriate,
information or design from the prior Golf Course Grading Plans.
Due to topographic and environmental considerations and the resulting project changes, the Golf
Course has been divided into three geographic areas to define the civil engineering scope of
services. The Clubhouse Area (Task 1 .O), sometimes identified as the upland area, includes the
clubhouse; driving range; and Golf Holes 1, 8, 9, IO, 11, 17, and 18. The Macario Creek Corridor
(Task 2.0) includes Golf Holes 12, 13, 14, 15, and 16. The East College Boulevard Area . (Task 3.0) includes Golf Holes 2, 3,4, 5, 6, and 7.
As it relates to P&D’s civil engineering, we have reviewed the CCC Notice of Intent, dated August
28, 2003 and incorporated tasks as indicated below to meet these requirements to the best of our
knowledge. Construction and post construction tasks are excluded.
I .O CLUBHOUSE AREA REVISIONS
Task 1.1 - Golf-Related Industrial Pad
Eliminate development of the 5.1 0-acre golf-related industrial pad at the intersection of Hidden
Valley Road and Palomar Airport Road to preserve an existing wetland area. Provide necessary
hydrological analysis to mitigate possible overflow capacity to the existing culvert at Hidden Valley
Road. Previously approved landscaping plans for entry signage and improvements will remain as
indicated on KTUA’s drawings.
Task I .2 - Revisions to Golf Holes 1, 8. and 9 and the Drivinq Ranqe
Based on Golf Course Architect‘s plans for the relocation of Golf Holes 1, 8, and 9 and the driving
range to eliminate development within wetland areas, revise grading plans for tees, fairways,
greens, and golf cart paths. Coordinate revised golf cart paths with SDG&E where a joint use is
anticipated.
2/24/2004
34
Task 1.3 - Revisions to Golf Hole 18
Modify grading between fairway of Golf Hole 18 and golf cart path to include mounding to provide
buffer for new driving range location. Preserve identified sensitive environmental areas within the
limits of the driving range.
Task 1.4 - Horizontal Control Plans
Prepare a I-inch = 20-foot horizontal plan for inclusion into the architect’s building permit plan set.
Include horizontal location of building limits, driveways, parking lot improvements, and utilities to
serve the proposed club house.
Task 1.5 - Revisions to Golf Hole 10
Provide grading revisions to Golf Hole 10 to reflect Golf Course Architect’s modifications to tees,
fairway, and green.
Task 1.6 - Revisions to Golf Hole 1 I
Provide grading revisions to Golf Hole 11 to reflect Golf Course Architect‘s modifications to tees
and fairway.
Task 1.7 - Bridqe at Hidden Valley Tunnel
Provide grading to accommodate the proposed bridge abutment and transition to the bottom
elevation of the tunnel and cart path. A chain link barrier or other methods of security will be provided for the tunnel opening. No interior or exterior illumination is proposed for the tunnel.
Task 1.8 - Pad Adiacent to Water Tank
Provide an access road and graded pad for City-owned property east of the existing water tank to
serve as cart storage or overflow parking. Provide grading for pad, while avoiding cultural
resource CA-SDI-8797. Retaining walls will be provided as necessary to maximize the proposed
pad area. Design of retaining walls to conform to San Diego County regional standards.
2.0 MACARIO CREEK CORRIDOR REVISIONS
Task 2.1 - Hole 12 Der Citv Amroved Plans
Eliminate Hole 12 from the City-approved Grading Plans. Maintain SDG&E access road in the
general vicinity as indicated on the plan. SDG&E access road will also provide joint use for the
City’s pedestrian trail. Coordinate any plan changes with SDG&E.
Task 2.2 - Revisions to Renumbered Hole 12 (Hole 13 Der Citv Amroved Plans)
(Note: Due to the elimination and relocation of Hole 12, Hole 13 is to be renumbered as Hole 12.)
Provide a separate new inbound cart path north of the proposed cart path, per approved plans,
parallel to Faraday Road. Provide mounding along the down-slope to provide buffer protection.
Coordinate with the Golf Course Architect to ensure that the golf cart path where inbound and
outbound traffic occurs meets safety requirements for two-way traffic. If determined by the City
N/Pmp/20031999763.01 Gg/CGC-RevisionRedesign-2/24~Revised 2/24/2004
that a safety fence or a similar device is required, P&D will coordinate with the golf course
architect and indicate on P&D’s drawings the location and alignment of the fence. P&D will
coordinate with the golf course architect and the City the specifications for the improvement.
Task 2.3 - New Hole 14 (Oriainal Par 3 Hole 12)
(Note: The new renumbered Hole 14 replaces the eliminated Par 3 Hole 12 per the approved
plans.)
Provide grading plans for new tees, fairway, and green for Hole 14. This will require the relocation
of the tees for Hole 15 to the north.
Task 2.4 - Revisions to Hole 15
To accommodate the design of the new Hole 14, provide grading plans for the relocation of the
tees for Hole 15. Grading plans are to also reflect changes to the golf cart path and minor
modifications to the western portion of the fairway. Revisions will also avoid a cultural resources
site in the vicinity of the fairway. No grading or subsurface improvements will be allowed in this
area. Irrigation devices and drainage facilities are also prohibited here. Grades and earthwork to
reflect raising the elevation of the golf course to avoid cultural resources where it is required.
Task 2.5 - The Central Bridqe (Farm Road)
Provide grading to accommodate the design of the bridge abutments and transition to the golf cart
path.
Task 2.6 - The Eastern Bridqe
Provide grading to accommodate the design of the bridge abutments and transition to the golf cart
path.
Task 2.7 - The Gorcae Bridge
Provide grading to accommodate the design of the bridge abutments and transition to the golf cart
path.
Task 2.8 - Bridqe Scour Analvsis
Provide scour analysis depths at each of the three proposed bridges based upon current HEC-2
analysis of Macario Creek.
3.0 COLLEGE BOULEVARD/EAST AREA
Task 3.1 - Revisions to Hole 5
Revise grading for the relocation of the green and modifications to the eastern portion of the
fairway to Hole 5 in order to preserve additional southern maritime chaparral environmental
habitat. Also, revise grading plan to reflect relocation of front tee on Hole 5 to accommodate the
400-foot aviary corridor connection.
2/24/2004
Task 3.2 - Revisions to Hole 6
Revise grading for the relocation of the green, and modification to the eastem and southern
portions of the fairway and tees to preserve additional southern maritime chaparral environmental
habitat. Also provide grading revisions to the golf cart path between Holes 6 and 7.
Task 3.3 - Revisions to Industrial Pads
Revise grading and design for the proposed 6.4-acre planned industrial pad north of College
Boulevard. Pad is to be moved south to eliminate grading over the existing SDG&E gas line and
grading within limits of the CCC Zone. For temporary safety and security measures, a Caltran’s
“K rail or similar device will be placed on the top of the proposed retaining wall of the industrial
pad. Pad access will be indicated on the plans and where appropriate align with the existing
median breaks in College Boulevard.
Grading and design for the industrial pad south of College Boulevard will be modified if necessary
to accommodate design changes to the golf course. Pad access will be indicated on the plans
and where appropriate align with the existing median breaks in College Boulevard.
Slope erosion control for both pads will be provided by KTU&A. Erosion control for the pad
surface will be provided by P&D. Surface erosion control methods will include sandbags, fiber
rolls and temporary detention basins as noted on the plans.
4.0 DRAINAGE STUDY
Revise the original Drainage Report as it relates to the grading revisions described above.
5.0 STORM WATER POLLUTION PREVENTION PLAN
Mitigation affecting stormwater runoff during construction, known as best management practices,
is a major part of a document that P&D will prepare known as the Storm Water Pollution
Prevention Plan. This report is to be on file at the construction trailer. A Notice of Intent (NOI) is
another part of the report. This is the application to the State Board for a permit. Proof of filing of
this application is required of the County for their approval of grading plans. P&D will file the NO1
on behalf of the City.
P&D will also prepare an erosion control exhibit as required by CCC which will be submitted for
their review.
P&D will prepare a pollution runoff control exhibit as required by CCC which will be submitted for
their review.
6.0 OPINION OF PROBABLE CONSTRUCTION COST
Prepare a revised opinion of probable cost to reflect the golf course changes as described above.
Proposed unit costs for schedule of values will be modified. Schedule of values will be
coordinated with and reviewed by the City.
7.0 CLEARING AND GRUBBING PLANS (entire golf course limits)
Prepare one set of clearing and grubbing plans and specifications for the entire limits of proposed
disturbance. These plans will be schematic in nature and will reference the necessary SWPPP
documents for this operation. This task will include the preparation of the SWPPP documents
specific for the clearing and grubbing operation only.
Clearing and grubbing around the determined limits of the Carlsbad police shooting range is
prohibited under this task. For reference, see Section B Environmental Services Task 5 - Police
Shooting Range Recycling Program.
8.0 SPECIFICATIONS
Prepare revisions to current project specifications to reflect changes in the above revisions. City
to provide quality control (QC) review and P&D to respond to City comments.
9.0 MEETINGS AND COORDINATION
Attend meetings with the City of Carlsbad during the course of the design of the project. A budget
of 100 hours has been established for this task.
10.0 TENTATIVE MAP
Prepare a tentative parcel map and revert the present subdivision on the property to acreage.
The tentative parcel map to delineate two industrial pads, clubhouse and parking area,
maintenance building, and proposed pad by the existing water tank.
11 .O FINAL MAP
Prepare a final map for same above.
12.0 SDG&E EASEMENTS
Prepare plats and easement documents to secure necessary approvals for encroachment
easements from SDG&E for permitting of the project. SDG&E staff will prepare the electrical
design plans for service to the site. P&D will also coordinate with SDG&E and incorporate their
drawings into our plans.
13.0 OPEN SPACE PLAT AND LEGALS
As requested by the CCC Notice of Intent, P&D will map the open space area as deed restricted
limits of the golf course. At this time we approximate that there are 20-30+ open space areas.
This map will define non-developed areas, identified as open space, versus the developed areas
of the golf course. Individual habitat will not be mapped within the open space areas. The deed
restricted areas will be delineated on 8-1/2 x 11” format at a scale appropriate to show multiple
areas per each map. Mapping of deed restricted areas are not proposed to be prepared as
individual areas per one plat. Individual legal descriptions will be prepared for each of the open
space areas. Per City direction, off-site mitigation areas will not be included in this task. The plat
of open space areas, together with the legal descriptions shall be appended to the deed
restrictions and will be a part of the tentative map and final map. These deed restricted areas will
be dedicated by the City to a third party.
2/24/2004
14.0 DRIVING RANGE LIGHTING
Golf course driving range lighting design will be provided by Bechard & Associates (B&A). The
design of the driving range will be provided by the golf course architect. Grading for the driving
range will be incorporated into P&D’s drawings. P&D will provide B&A CAD files for their work
effort. The driving range is proposed to have two tiers for tee locations. Dimensions for the range
are anticipated to be approximately 135 x 385 yards. It is our understanding that the City desires
ground mounted lights for both tee locations to illuminate the driving range, and luminaries at a
height of approximately 10-1 2 feet for lighting of the two tee locations.
Scope of work:
Conduct field surveys to determine existing conditions and compile design strategies.
Provide written cost estimate (opinion of probable cost) for the work.
Attend design 3-5 team meetings
Prepare drawings and specifications setting forth in detail the requirements for the
construction. Prepare the drawings and specifications in the format as may be required by
the reviewing authority.
Point by point photometric report is included.
Construction Administration Phase:
Assist in the administration of the contract for construction by providing clarifications
and answers to RFl’s and proposed clarifications.
Assumptions:
Utility coordination for power is required and included.
Work includes power and lighting systems only.
15.0 BID COORDINATION
P&D will prepare the project bid documents, attend bidder’s conferences, issue bid addenda’s
and bid proposals, respond to RFls, and assist in evaluating bid proposals.
ODtional Task for Temooraw Clubhouse
If the City decides to proceed with a temporary clubhouse facility, P&D will provide, as an optional
task, to include the maintenance building and restroom facilities into our plan package and
specifications. P&D will also coordinate with the clubhouse architect during this work effort. The
fee for this work effort will be $2,300. These fees are not included at this time. If the City
proceeds with this work effort, P&D will include this task and fee upon City authorization of a
change order.
Optional Task for Separatinq Out Gradinq Plans from Bid Packaqe
If the City decides to bid the proposed grading and drainage improvements separate from the
overall bid package, P&D will provide as an optional tasks, the necessary plans, specifications
and estimates in a separate bid package. The fee for this work effort will be $7,980. These fees
are not included at this time if the City proceeds with this work effort, P&D will include this task
and fee upon City authorization of a change order.
B. ENVIRONMENTAL SERVICES (P&D)
As it relates to P&D’s environmental services, we have reviewed the CCC Notice of Intent, dated
August 28, 2003 and incorporated to the best of our knowledge, preconstruction tasks required for
issuance of the permit associated with environmental issues. Construction and post construction
tasks are excluded.
I .O GPS SENSITIVE RESOURCES
To verify the exact locations and extent of the maritime chaparral and wetland communities
adjacent to Holes 1, 8, and 9, the boundaries will be delineated in the field by a biologist. The
boundaries of two cultural resources sites will be delineated in the field by the archaeologist. The
boundaries will then be electronically recorded utilizing Global Positioning System. These
boundaries will be used by the design team to make modifications to site plans to reduce impacts
to sensitive resources. The product will be electronic boundaries depicted on engineering maps.
2.0 REGULATORY PERMIT PREPARATION
Based upon preliminary design, the impacts have been recalculated. Permit revision packages
were submitted to USACOE, CDFG, and Regional Water Quality Control Board (RWQCB)
submittals. Required graphics including reduction of all maps to 8.5 x 11 .O inches and black and
white versions have been requested by USACOE. Revisions to graphics and text description are
provided under this task. As a note, regulatory permitting for CCC has been completed by the
issuance of the NO1 and will not be required in this task.
3.0 MITIGATION PLAN
Upon review of the impacts, a wetland mitigation plan will be prepared for non-coastal impacts. It
is assumed that the wetlands will be mitigated onsite through a wetland creation plan. This
wetland creation will likely be proposed adjacent to the “Cannon Road” mitigation site and
adjacent to Macario Creek. No offsite mitigation is anticipated, due to the extensive reduction of
impacts and associated mitigation requirements.
A coastal sage scrub revegetation plan will be proposed within the boundaries of the golf course.
Acreages of impacts will be recalculated and the basis for mitigation ascertained. Using the
conditions in the CCC staff report, the mitigation plan will be prepared. No offsite mitigation is
anticipated for this task. It is assumed that any additional offsite mitigation is associated with
preservation (as required by the USFWS and CDFG conditions dictated by the City’s Subarea
Plan). Deliverables will include revegetation plans for wetlands and coastal sage scrub.
2/24/2004
4.0 COORDINATION AND NEGOTIATION
P&D will provide up to I00 hours of meetings and coordination with the USACOE, USFWS,
CDFG, and RWQCB for coordination or negotiation of permit conditions. This may include field or
office meetings, telephone conversations, preparation of issue papers, etc., as required by the
regulatory agencies. The Coastal Commission has required several plans to be provided to them
for concurrence. Some of these plans require revisions, supplemental analysis in addition to
transmittal. The following is a summary of the subtasks.
1. Final Development Plan. P&D will transmit to the CCC a set of revised plans. New
analyses (or revisions) require a recalculation of the final impacts incorporating the
revisions and an overlay of the City’s HMP (Fig. 8 Revised) onto the site plan.
2. CCC has required on-site mitigation of 2:l for coastal sage scrub. KTU+A will modify their
landscape plan, under technical guidance from P&D, to incorporate the additional coastal
sage scrub mitigation.
3. Restoration of Construction Impacts. Since it is not anticipated that there will be any
temporary impacts to wetlands, no additional action is required under this condition.
4. Final landscape plans. Transmit final landscape plans, as well as document the
assurances required in the CCC “Staff Report”.
5. Erosion Control Plans. Transmit plans to CCC.
6. Drainage and Polluted Runoff. Transmit plans to CCC.
7. Water Quality Monitoring Plan. In accordance with the CCC Staff Report, a water quality
monitoring plan will be prepared. This plan will specify the monitoring frequency, locations
of monitoring, methodology, and laboratory testing requirements. A draft plan will be
submitted to the City for review. P&D will incorporate one set of revisions. Plans will also
be submitted to CCC and RWQCB for their review. P&D will incorporate one set of
revisions based on City and CCC comments. Any other revisions requested by the CCC
and WQCB will be conducted under a separate authorization on a time and material basis
as directed by the City. Deliverables will include five copies of the draft Water Quality
Monitoring Plan and five copies plus one original of the final Water Quality Monitoring
Plan. An electronic file of this work product will be prepared for the City.
8. Turf Management Plan. A turf and pest management plan will be prepared addressing
best management practices to minimize fertilizer use and chemical pest control, and to
avoid impacts to upland habitat, wetlands, and water quality. This will be prepared by P&D
staff integrating technical support from other plans prepared for other golf course facilities.
It will be drafted as a goals, policies, and performance driven plan. P&D will prepare a
draft plan for review by the City and incorporate one set of revisions. P&D will incorporate
one set of revisions based on City and CCC Comments. Any other revisions requested by
CCC will be conducted under separate authorization on a time and material basis as
directed by the City. Deliverables will include five copies of the draft Turf and Pest
Management Plan and five copies plus one original of the final Turf and Management
Plan. An electronic file of this work product will be prepared for the City.
2/24/2004
5.0 POLICE SHOOTING RANGE / LEAD RECYCLING PROGRAM
P&D, in coordination with the City of Carlsbad, will provide a program for the design and
specifications for the recycling of the lead at the existing City of Carlsbad Police shooting
range. Services for this program, as defined by P&D and the City, will be provided by a
licensed lead recycling contractor as a design build effort during the construction of the
project. The limits of the lead recycling area will be delineated on a topographiclaerial
map.
6.0 DESIGN SUPPORT
Provide support to design team during the redesign and ensure compliance with CCC conditions.
C. STRUCTURAUBRIDGE ENGINEERING SERVICES (M&N)
The City of Carlsbad proposes to construct four Golf Cart Bridges as part of their Carlsbad
Municipal Golf Course Development. The bridges will be designed to carry two lanes of golf
cart traffic, maintenance vehicles, and emergency vehicles (HI 0 Loading). The proposed
bridge superstructures will be prefabricated steel truss structures manufactured by “Continental
Bridges or Equal”. The proposed roadbed bridge width will be 15 feet wide. Design of the
bridges will include details to support irrigation water (up to 6 inches in diameter) and irrigation
control electrical conduits. The water line and conduit design, plans and specifications will be
prepared by others. The four bridges and their respective number of spans and total length are
shown below:
Th
Name
Farm Road Bridge (Holes 11 to 12)
Central Bridge (Holes 14 to 15)
Gorge Bridge
Tunnel Access Bridge
anticipated bridge lengths are preliminaq
constraints will impact the final length.
Spans Width Total Length
3 15 feet 330 feet
1 15 feet 100 feet
1 15 feet 120 feet
1 15 feet 120 feet
estimates. Hydraulic and environmental design
APPROACH TO THE WORK
Moffatt & Nichol Engineers will prepare abutment designs and details at each of the bridges and
pier design and details for the Farm Road Bridge. The plans will be prepared in AutoCAD.
General notes will be included that specify the construction materials and methods for the
abutments and piers. The bridge abutment and abutment support post for the bridge handrail
will be able to accommodate the rock fascia as proposed for the clubhouse. However,
prefabricated steel truss bridges are not designed to support concrete and rock. Therefore, the
handrail support post “on” the bridge span will not be able to accommodate the same fascia
design. The notes will include design and loading requirements for the prefabricated bridges.
M&N will separate the original College Boulevard Bridge technical specifications from the
original boiler plate documents for inclusion into the bid package. P&D to provide the original
specifications to M&N in electrical format.
2/24/2004
M&N will also prepare separate technical bridge specifications for the golf cart bridges in
inclusion into the bid package.
A preliminary estimate of construction costs will be prepared for each bridge.
DESIGN SERVICES
. Prepare bridge technical specifications.
Review civil site plan, survey data, geotechnical report, and hydraulic report.
Attend up to five design team meetings in San Diego or Carlsbad.
Prepare Bridge Abutment and Pier Design and Details.
Prepare preliminary construction cost estimates.
SERVICES NOT INCLUDED BY M&N
Civil and roadway design and plans.
Surveying .
Geotechnical investigation and report.
Hydraulic/scour analysis and report.
City, County, and environmental agency meetings and presentations.
Construction administration.
Construction inspection.
Permit acquisition.
D. LANDSCAPE ARCHITECTURE SERVICES (KTU+A)
The landscape architectural services for the redesign of the City’s golf course are broken into
three scope areas as indicated below. Landscape construction documents will be prepared for
each scope area.
1 .O LANDSCAPE CONSTRUCTION DOCUMENT PHASE
This task shall consist of revising the landscape construction document package with
specifications in both hard copy and electronic form. Attend five local coordination meetings
(maximum) with the City. All work will be coordinated with P&D and its consultants, and will be
prepared using AutoCAD on the current plans. It is understood that P&D will provide the
necessary properly formatted AutoCAD digital files, originally prepared three years ago, as
follows:
Landscape Hardscape Plan and Materials Legend
Landscape Construction Details
Subsurface Tree Drainage Plans and Details
Landscape Lighting (Locations Only)
Irrigation Plan and Details
Planting Plan and Details
Landscape Specifications
Probable Cost of Construction
2/24/2004
43
Task 1 .I - Carlsbad Golf Course
This task will involve revising/preparing a new drawing package for the landscape and irrigation plans as required by the redesigned golf course and erosion control/mitigation areas. Plans for
the trail head park and access road north of the golf course parking lot shall remain on these
plans. There will be coordination with the golf course architect through P&D.
Task 1.2 - Golf Course Clubhouse
This task will involve preparing a new drawing package for the landscape hardscape, irrigation
and planting for the clubhouse, parking and event type areas. The existing design is to remain as
per plan. There will only be minor changes around the clubhouse perimeter due to the new golf
course layout by the golf course architect. There will be coordination with the Clubhouse architect
through P&D.
Task 1.3 - Palomar Airport Road Street Improvements
These drawings were prepared as part of the original City approved construction documents. This
task will include the review and update of these plans based on any new design criteria and
specifications for the medians on Palomar Airport Road. They shall follow the City of Carlsbad
Landscape Guidelines and involve landscape and irrigation in the medians only. No parkways are
included in this proposal.
Task I .4 - MeetinqslAqencv Review
KTU+A will interact, through meetings and/or presentations, with the City of Carlsbad or other
reviewing agencies as needed to advance the process. Includes three local meetings (maximum)
for all tasks.
Task 1.5 - PricindBidding
Includes in-house constructibility review. Includes two local meetings (maximum) for all tasks.
Value engineering is not included in this scope of services.
2.0 LANDSCAPE CONSTRUCTION ADMINISTRATION
Task 2.1 - Biddinq Administration
KTU+A will respond to RFI (Requests for Information), advise on qualified landscape
contractors, be available to comment on bid analysis in our area of expertise, and prepare bid
addenda if needed.
SERVICES NOT INCLUDED BY KTU&A
. Additional engineering calculations. . Additional site plan revisions, or modifications to plans after completion.
Signage other than described in Task 1.2.
Structural engineering calculations on retaining walls greater than 3 feet.
2/24/2004
4e
E.
Other additional services are as follows: extra programming; interior landscapes;
additional details, site features, or separate plans if required by City of Carlsbad (such
as offsite mitigation, dimensioned layout plans, or as-built drawings); arVsculptural
elements; water features; special trellises; on-structure planting; site construction
observations and reports; value engineering; additional photo board exhibits, sketches,
or renderings; and travel to local nurseries for selection and/or review of selected plant
materials by contractor per proposed Landscape Plans.
WATER FEATURE DESIGN (PA)
The scope of work below is to be provided by Pacific Aquascape and is based upon the
information obtained thus far for the Carlsbad Golf Course Lakes project. This proposal includes
the design of the following primary project features as they appear on a 40 scale plan of the lakes
obtained from P A. . .
Irrigation Pump Station
A 0.9 acre entry lake off of College Avenue and Palomar Airport Road
A 3.1 acre lake to be used for future irrigation.
I .O WATER FEATURE CONSTRUCTION DOCUMENTS
Based upon preliminary meetings and coordination between the design team and Pacific
Aquascape, PACE shall prepare final construction plans for the water feature systems using
the Client or Client's Consultant approved final grading and drainage plans and plat maps (if
available). Plans are to be prepared one (1) time on CAD at an appropriate scale. Plans will
indicate all water features horizontal and vertical control information and details as listed
below. As indicated below, design within the limits of the water feature at College Boulevard
and Palomar Airport Road will include a water fall, lighting, and landscaping only for aquatic
plants. Non-aquatic planting is not included.
It is anticipated that water service to the proposed water feature will be provided from the
irrigation lake via the golf course irrigation line as provided by the golf course architect.
PACE will be responsible for the design of water service from the water feature to the golf
course irrigation line. As a second option, if it is determined by the City that water service
should be taken from a separate meter from College Boulevard these services will be
provided in lieu of the service from the golf course irrigation line.
Final grading and drainage preliminary plat maps by P&D will be used to establish rough
grades, mapped location, size, and delineation of the water's edge for each water feature.
Base information (including boundary control and aerial topography) shall be provided by
others in digital (computer) format, and formatted for use with AutoCAD Version 2002 or
higher. The Client shall also provide geotechnical and survey information as required for
each water feature location. Geotechnical information will be provided by Leighton and
Associates.
Consultant shall provide construction document details for the construction of the water
features. Construction details to include the following:
2/24/2004
45
Task 1 .I - Plan Preparation . . Lake Limits . Piping Layout
Pump Station Location & Layout
Task 1.2 - Water Feature Construction Details . . . . . . . . .
Shoreline Treatment
Liner System
Pipe Penetrations
Liner Sealing Details
Level Control
Drainage Inlets/Outlets
Structure Seals
Waterfall Details
Lake Fill Device
Water Quality System Details (aeration, filtration, as required)
Task 1.3 - Pump Station Details . Pump Station Vault . Water Quality Treatment Details (i.e., aeration, filtration if needed)
Pump Station Mechanical Equipment and Accessories . Control Panel Location .
Task I .4 - Desiqn of Recirculation System
Consultant shall provide design of recirculation systems for the water feature systems.
Designs to include the following:
Pump Sizing . Recirculation Pipeline Sizing
Supporting Hydraulic Calculations
Task 1.5 - Structural Calculations (GFRC Rock)
Consultant shall prepare structural calculations for GFRC rock waterfall wall elements and
construction drawings for the structural system.
Task 1.6 - Coordination of Makeup Water Requirements
Consultant shall coordinate makeup water requirements for the two lake systems and
provide the design based on the City’s input. Reclaimed water used for makeup water can
be discharged into one or both lake systems. Consultant shall provide options and solicit
City’s input prior to finalizing design.
Task 1.7 - Construction Specifications
Consultant shall prepare construction specifications for all items of work shown on the
water feature construction documents.
46
Task 1.8 - Preliminaw Opinion of Probable Construction Costs
Consultant shall prepare preliminary opinion of probable construction costs and estimate
quantities for construction items shown on the plans. This includes pipe, rock, shoreline,
and water surface area.
Task 1.9 - Consultation
Consultant shall be available for reasonable consultation by telephone or in our office and
include two (2) trips to the project site, or the Client's office.
Task 1.1 0 - Electrical Construction Documents
Consultant is providing an allowance to subcontract the service of an electrical engineer to
provide power to mechanical equipment, lights and control panel in the water feature pump
station.
Design of the system will include electrical engineering design for water feature pump station
only. It should be noted that this also includes the electrical design for the water feature lake
and falls. Electrical plans to include single line diagram, load calculations, panel schedule (if
needed), electrical site plan, and equipment wiring diagram. Consultant shall coordinate with
design team to determine if a pad transformer and service entrance and meter section will be
required as part of the design. If required, these services are included as part of the design.
IRRIGATION PUMP STATION MECHANICAL CONSTRUCTION DOCUMENTS
Task 2.1 - Final Construction Plans for lrriaation Pump Station Mechanical Equipment
2.0
Consultant shall prepare final construction plans for the irrigation pump station
mechanical equipment. Consultant shall coordinate with the project irrigation
consultant to determine landscape irrigation demand and requirements including flow,
pressure, and other requirements. Plans are to be prepared one (1) time on CAD at
an appropriate scale.
Consultant shall, at the direction of Client, design the irrigation pump equipment to
accommodate the project's irrigation requirements including pump, filter system,
plumbing, wet well, and design of intake pipeline into the lake. This pump equipment
will be located in an above grade pump station.
Consultant shall NOT proceed with this task until the irrigation requirements are
submitted in writing and provided to the Consultant by the irrigation consultant.
Consultant shall coordinate irrigation main line tie-in to the irrigation system piping
(designed by others).
Consultant shall coordinate the controls and operation of irrigation system.
Consultant shall provide Client with a budget level breakdown on the probable cost of
construction.
Consultant shall be available in our office or by telephone.
Consultant shall provide final plans for construction to the reviewing agency for
permitting and the Client for public bid.
2/24/2004
47
The design of the irrigation lines are excluded from this scope of work.
Task 2.2 Irriqation Pump Station Electrical Desiqn . Consultant is providing an allowance to subcontract the service of an electrical engineer to
provide power to mechanical equipment, lights and control panel in the irrigation pump
station.
Design of system will include electrical engineering design for the irrigation pump station
only. Electrical plans to include single line diagram, load calculations, panel schedule (if
needed), electrical site plan, and equipment wiring diagram. Consultant shall coordinate
with design team to determine if a pad transformer and service entrance and meter
section will be required as part of the design.
Task 2.3 - Irrigation Pump Station Structural Desiqn . Consultant is providing an allowance to subcontract the services of a structural
engineer to provide the design of approximately 450 square feet single story
structure. This is based on our knowledge of the project thus far. . Construction is anticipated to be load bearing masonry walls with steel bar joists and
metal deck roofing. The masonry walls to replicate the stone architecture of the
clubhouse and match or use the same material for metal deck roofing as indicated
for the clubhouse. . We anticipate the project will be designed and permitted under the 2001 California
Building Code (CBC).
Unless otherwise noted, consultant shall be limited to the Primary Structural System,
and shall exclude stairs and their components, handrails, curtain and windows walls,
prefabricated items, anchorage of and platforms for mechanical equipment,
architectural elements, and all other elements normally not part of the Primary
Structural System.
Consultant shall prepare structural calculations and drawings for the Primary
Structural System including roof and floor framing plans (where applicable),
foundation plans, and applicable notes and associated details.
Consultant shall correspond with the building department as necessary for permit.
Bid services limited to clarification or interpretation of structural drawings and
preparation of bid addenda, if necessary.
3.0 CONSTRUCTION BIDDING PHASE
Consultant shall attend pre-bid and construction meetings with contractors.
2/24/2004
Consultant shall provide clarification, revisions and addenda, as needed to the water
feature construction documents to respond to bidders requests and to assist issuance
and negotiation of final pricing and contractor selection.
Consultant shall review shop-drawing submittals from contractors of products and
materials for conformance to construction documents.
ASSUMPTIONS AND EXCLUSIONS
Client's responsibilities shall include; providing Pacific Advanced Civil Engineering, Inc. with the
base data and project information in a timely manner, coordination and management of other
team consultants to assure that the project schedule can be met. The specific items that are to be
provided by Client or other consultants include the following:
1. City input pertaining to project design issues and requirements including effluent supply
quantity, quality and scheduling.
2. Site land-use base plans with existing and proposed elevation contours in transferable
computer format.
3. Geologic and soils investigation reports.
4. Existing and proposed hydrologic and drainage data, maps, and reports.
5. Any other data that directly impacts PACE ability to perform the design in an efficient and
economic manner.
6. Construction field engineering, surveying and staking are not included.
Any proposed project changes which affect work in progress or previously completed will be
justification for additional compensation including additional water feature elements.
All required aerial topography and base mapping will be paid for and supplied by City, or others.
Base topography and site information will be provided in digital (electronic) format compatible with
AUTOCAD 2002.
Each water feature plan or report will be prepared one (1) time.
No surveying or construction staking is included.
Local government approval meetings, hearings, etc., and preparation of presentation graphics will
be under separate work authorization, if required.
Existing utility information research and mapping is not included and will be provided by Client.
The following elements are not included: design of prefabricated elements and/or non primary
structural elements such as stairs, railings, soffits, screen and shade structures structures,
peripheral or site structures such as trellises, retaining walls, trash enclosures, etc; and other non
primary structural elements (except for those elements specifically listed above.
The fees proposed herein shall apply until July 12, 2004. Due to ever-changing costs, Consultant
will increase those portions of the contract fee for which work must still be completed after July 12,
2004, as negotiated with the Client up to a maximum of ten-percent (10%).
2/24/2004 44
F.
The proposed additional geotechnical services for the site will include additional subsurface
investigation for three golf court bridges and a bridge to service the tunnel at Hidden Valley Road.
The previous investigation included evaluation of the proposed bridge over College Boulevard. At
that time all other bridges were to be design build. The purpose of our supplemental investigation
will be to update the previous geotechnical investigation and provide foundation design criteria
based on the latest proposed locations of the bridges mentioned above. We propose to drill a
series of small-diameter hollow stem auger borings to obtain additional data and to better define
soil characteristics at the bridge foundation locations.
It is our understanding that a total of four bridges (approximately 12 to 15 feet wide) will be
constructed; one bridge will have three spans and the remaining three bridges will have only one
span. The span lengths for each bridge are not known at this time and will be determined by
Moffatt & Nichol. We anticipate the three-span bridge in the location of the existing farm road and
the single-span bridge between Golf Holes 13 and 14 will be constructed over deep alluvial
materials. For these two bridges, we anticipate drilling to approximately 75 feet below ground.
The remaining two bridges are anticipated to be constructed on formational materials which will
require shallow borings and/or backhoe test pits on the order of 10 to 15 feet below ground.
The proposed scope of services to be provided by L&A for geotechnical investigation will include
the following:
SERVICES TO BE PROVIDED . Review pertinent project geotechnical documents and improvement plans relative to
the site.
rn Coordinate with Underground Service Alert to locate utilities in the areas of the
proposed work. . Obtain boring permits from County of San Diego Department of Health.
rn Provide subsurface exploration program consisting of the excavation, logging, and
sampling of approximately eight small-diameter borings. The deeper borings will be
excavated to approximate depths of 75 feet below the existing ground surface and
the shallow borings will be excavated to approximate depths of 15 feet below the
existing ground surface. All of the borings will be sampled and logged by an L&A
geologist. . Backfill all borings with bentonite grout as per County of San Diego boring permit. . Laboratory test the representative soils collected during our subsurface exploration
program.
rn Compile and analyze the geotechnical data obtained from additional supplemental
investigation and previous investigations. The geotechnical analysis will include
preparation of an updated geotechnical map utilizing the updated site plans. . Prepare a written reportlletter summarizing findings, conclusions, and
recommendations.
2/24/2004
G. REIMBURSABLE COSTS
Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and
mileage, delivery services, long-distance telephone charges, computerized plotting, special
graphic supplies, facsimiles, and other direct project charges incurred on behalf of the City of
Carlsbad will be billed to the City at cost for a lump sum fee as indicated on the fee schedule.
2124t2004
51
FEE SCHEDULE FOR
CARLSBAD GOLF COURSE UPDATE
Revised February 12,2004
P&D will provide the following services on a fixed-fee basis for a total amount of $556,745.00
Proposed
Fees
A
1 .o
1 .I
1.2
1.3
1.4
1.5
1.6
1.7
I .8
2.0
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
3.0
3.1
3.2
3.3
4.0
CIVIL ENGINEERING SERVICES (P&D)
Clubhouse Area Revisions
Golf-Related Industrial Pad
Revisions to Golf Holes 1 , 8, and 9 and the Driving Range
Revisions to Golf Hole 18
Horizontal Control Plans
Revisions to Golf Hole 10
Revisions to Golf Hole 11
Bridge at Hidden Valley Tunnel
Pad Adjacent to Water Tank
Macario Creek Corridor Revisions
Hole 12 per City Approved Plan
Revisions to Renumbered Hole 12 (Hole 13 per City Approved Plans)
New Hole 14 (Original Par 3 Hole 12)
Revisions to Hole 15
The Central Bridge (Farm Road)
The Eastern Bridge
The Gorge Bridge
Bridge Scour Analysis
College BoulevardlEast Area
Revisions to Hole 5
Revisions to Hole 6
Revisions to Industrial Pad
Subtotal
Subtotal
Subtotal
Drainage Study
$ 4,210
$ 18,110
$ 5,290
$ 4,500
$ 5,840
$ 4,315
$ 2,510
$ 4,790
$ 49,565
$ 6,420
$ 4,440
$ 4,440
$ 4,440
$ 6,030
$ 3,990
$ 4,100
$ 6,320
$ 40,180
$ 6,360
$ 5,660
$ 11,000
$ 23,020
$ 8,030
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
B
1 .o
2.0
3.0
4.0
5.0
6.0
C
D
1 .o
1 .I
1.2
1.3
Storm Water Pollution Prevention Plan
Opinion of Probable Construction Cost
Clearing and Grubbing Plans (entire golf course)
Specifications
Meetings and Coordination
Tentative Map
Final Map
SDG&E Easements
Open Space Plat and Legals
Driving Range Lighting
Bid Coordination
Optional Task for Temporary Club House / Fee: $2,300
Optional Task for Separating Out Grading Plans / Fee: $7,980
Total Civil Engineering Cost
ENVIRONMENTAL SERVICES (P&D)
GPS Sensitive Resources
Regulatory Permit Preparation
Mitigation Plan
Coordination & Negotiation (Subtasks 1 through 6)
7. Water Quality Monitoring Plan
8. Turf & Pest Management Plan
Police Shooting Range Recycling Program
Design Support
Total Environmental Services
$ 24,000
$ 5,140
$ 23,500
$ 15,000
$ 17,000
$ 4,500
$ 4,500
$ 19,800
$ 6,000
$ 12,000
$ 7,290
NIC
NIC
$259,525
$ 4,870
$ 4,000
$ 23,030
$ 25,000
$ 11,240
$ 15,200
$ 4,500
$ 17,200
$1 05,040
STRUCTURAUBRIDGE ENGINEERING SERVICES (M&N)
Total StructurallBridge Engineering Services $ 48,300
LANDSCAPE ARCHITECTURAL SERVICES (KTU+A)
Landscape Construction Document Phase
Carlsbad Golf Course
Golf Course Clubhouse
Palomar Airport Road Street Improvements
$ 34,160
$ 5,790
$ 4,270
1.4 MeetingdAgency Review
1.5 Pricing/Bidding
$ 2,100
$ 1,500
2.0 Landscape Construction Administration
2.1 Bidding Administration $ 2,100
Total Landscape Architectural Services $ 49,920
E WATER FEATURE DESIGN (PA)
1 .o
2.0
3.0 Construction Bidding Phase
Water Feature Construction Documents
Irrigation Pump Station Mechanical Construction Documents
Total Water Feature Design
F GEOTECHNICAL SERVICES (La)
Field Services
Subcontractors, Permits and Equipment
Laboratory Testing
Geotechnical Analysis
Report Preparation
Total Geotechnical Services
G REIMBURSABLE COSTS
TOTAL COST
$ 30,140
$ 19,500
$ 2,500
$ 52,140
$ 5,200
$ 9,200
$ 4,025
$ 3,795
$ 4,600
$ 26,820
$ 15,000
$556,745
The scope and fees, as presented herein by P&D and its subconsultants, are work products of
P&D. No portion of this proposal’s scope of services or fees will be reproduced or shared, except
for the explicit use only by the City of Carlsbad as it relates to P&D. No portion of the scope of
services and fees will be shared or reproduced for review or bidding by any other consulting firm
without the written consent of P&D.
UNDERSTANDINGS AND ASSUMPTIONS
1. P&D and its consultants will use City-provided topography for their work products. This is
the same topography provided to P&D for the prior golf course construction documents.
2. Dry utility planning, design, and coordination will be provided by SDG&E staff and
incorporated into P&D’s drawings. P&D will delineate the design location on appropriate
plan and profile sheets as necessary.
3. Pavement structural section design will be provided by geotechnical consultants.
4. Services not specifically identified in the scope of services above will be considered
additional work, and will be authorized by the City as an executed amendment to the
contract prior to commencement of work. This work will be based on labor rates of P&D
and the project subconsultants at the time of approval by the City.
5. Services provided by P&D’s consultants and P&D do not include work for construction or
post construction.
6. City is to provide as-built drawings as needed to provide service.
N/Pmp/2003/999763.01 69/CGCRevisionRedesign-2l24/2004Revised 2/24/2004
55
EXHIBIT 5
AGREEMENT FOR CULTURAL RESOURCES DATA
RECOVERY AND INDEXING PROGRAM FOR THE
CARLSBAD CITY GOLF COURSE PROJECT
THIS AGREEMENT is made and entered into as of the J4b day of
, 2004, by and between the CITY OF CARLSBAD, a municipal
"City", and GALLEGOS AND ASSOCIATES, hereafter
"Contractor".
RECITALS
A. City requires the professional services of a cultural resources specialist
that is knowledgeable of the City's Golf Course Project site and experienced in data
recovery and establishment of a resource indexing program.
B. Contractor has the necessary experience in providing professional
services and advice related to the services required by City.
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:
I. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", whicli 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 two (2) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts thereof in an amount not to exceed twenty-five
thousand dollars ($25,000) per Agreement year. 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.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be two hundred twenty nine thousand six hundred fifty dollars and forty cents
($229,650.40) for the cultural resource data recovery and indexing program. Contractor
shall also provide, via its own subcontract, Native American Monitoring services with the
San Luis Rey Band of Mission Indians for a cost on a time and materials basis not to
exceed fifteen thousand dollars ($1 5,000). No other compensation for the Services will
be allowed except for items covered by subsequent amendments to this Agreement.
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 wav as an independent
contractor and in pursuit of Contractor's independent calling, and not as an empioyee 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, except those described in
Paragraph 5 above, 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.
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57
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9.
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
IN D E M N I F I CAT IO N
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 in whole or in part 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.
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 this 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-:VI'.
10.1 Coveraqes 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 Liability 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 (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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City Attorney Approved Version #04.01.02
s0
10.1.3 Workers' Compensation and Employer's Liability. 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.
10.2. 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
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
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
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
Providing Certificates of Insurance and Endorsements. Prior to City's execution
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.
1 I. 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.
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City Attorney Approved Version #04.01.02
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 agrees that all copyrights that arise from the services will be vested in City
and Contractor 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.
For City: For Contractor:
Name: John J. Cahill Name: Dennis Gallegos
Title: Municipal Projects Manager
Department: Recreation Address: 5671 Palmer Way, Suite A,
City of Carlsbad Carlsbad, California 92008
Address: 1200 Carlsbad Village Drive, Phone No.: 760-929-0055
Carlsbad, California 92008
Phone No.: 760-602-2726
Title: President
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,
City Attorney Approved Version #04.01.02
5
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.
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 d iscri m i n a t io n and harass men t .
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.
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City Attorney Approved Version #04.01.02
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 seq., 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
City Attorney Approved Version #04.01.02
7
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
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 cou nty .
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.
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
City Attorney Approved Version #04.01.02
8
63
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- P res id e n t
**Group B.
Secreta ry ,
Assistant Secretary,
CFO or Assistant Treasurer
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 R. BALL, City Attorney -
By: - Deputy C i t yYAt t o r n e y
City Attorney Approved Version #04.01.02
9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
Countyof Sfir~ 6-0
LE \Tblf!n+ Name and Title of Officer (e g , '"Ja'ne Doe, Notary Publlc") , before me,
Date
s, personally appeared &"/S h&2+#) &.iim5V.I
Name@) 07 Signer(s) .
c
0 personally known to me
evidence @&/FORNlA 2)&(4E#$
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that Iwd&e/they executed
the same in b;r/their authorized
capacity(ies), and that by -kis(ker/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
pro,ved to me on the basis of satisfactory
Lee@ 5 e 5
WITNESS my hand and official seal. -
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:
0 Individual nop of thumb here I 0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: -
0 1997 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 * Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
5671 Palmer Way, Suite A
Carlsbad, California 92008
emnil: gallegos@aol.com
(760) 929-0055
I GIA L L E G o s
& Associates EXHIBIT A
04-300-096
January 25,2004
h4r. John Cahill
City of Carlsbad
1250 Carlsbad Village Drive
Carlsbad, CA 92008-1 997
Re:
Indexing Program for the Carlsbad Golf Course Scope of Work and Cost Estimate for Cultural Resource Data Recovery and
Dear John:
As per your request, I have enclosed a scope of work and cost estimate to complete the
cultural resource work for the Carlsbad Golf Course. This work includes mitigation of
impacts as a result of the construction of the Carlsbad Golf Course through the
completion of a data recovery program at CA-SDI-8694 and site indexing for prehistoric
sites CA-SDI-8303 and CA-SDI-8797. The data recovery program will include:
preparing a data recovery plan for review and approval by the City; excavation of a 2 to 5
percent sample; artifact analysis; special studies; and a report of finding. Indexing will
include: the excavation of six 1x1-m units at CA-SDI-8303 and CA-SDI-8797; data
analysis; and, a report of finding. After completion of the indexing program, sites CA-
SDI-8303 and CA-SDI-8797 will be capped and avoided of direct and indirect impacts.
The fixed-fee cost to complete this work is $229,650.40 (as based on 2004 schedule of
fees). The time-and-materials cost for the Native American Monitor is estimated to not
exceed $15,000.00 (500 hours @ $30.00). The Native American Monitor can be
contracted through the City or through Gallegos & Associates.
The data recovery plan will be submitted within two weeks of authorization to proceed,
with fieldwork beginning in February. It is anticipated that the fieldwork for the data
recovery and indexing program will necessitate approximately 12 to 16 weeks to
complete. Artifact analysis, special studies and a letter report of finding will be
completed withln approximately eight weeks from completion of all fieldwork. Please
call me should you have questions or cornrnenls, or need additional information.
Best regards,
President
Enclosure
65
GALLEGOS & ASSOCIATES
SCOPE OF WORK AND FIXED-FEE COST ESTIMATE
FOR MITIGATION OF JMPACTS THROUGH DATA RECOVERY FOR
CA-SDI- 8694, AND INDEX SAMPLING FOR CA-SDI-8303 AND CA-SDI-8797
JANUARY 23,2004
INTRODUCTION
This scope of work and cost estimate includes completion of a Data RecoveIy Program
for prehistoric site CA-SDI-8694 and index sampling for CA-SDI-8303 and CA-SDI-
8797 located in the City of Carlsbad. The Data Recovery Program will follow City of
Carlsbad and California Environmental Quality Act (CEQA) guidelines. For site CA-
SDI-8694, this work includes a 2 to 5 percent sample excavation employing a Phase I
random sample using 1x1 m units, followed by Phase I1 focused excavation and Phase III
backhoe trenching to expose and document features identified during Phase I. A Data
Recovery Plan (Plan) will be prepared to identify research questions and provide field
methods for the Data Recover Program. The Plan will be submitted to the City of
Carlsbad for review and approval prior to starting fieldwork. Sites CA-SDI-8303 and
CA-SDI-8797 are identified for avoidance of construction impacts through project design
and capping. Prior to capping, an index sample using a total of six 1x1-m units per site
will be excavated to better understand site content and complexity. Significant sites CA-
SDI-14563 and 14565 are also within the proposed golf course project area, but will be
avoided of development impacts through design.
METHODS
Field methods will include the following:
1. Review of Previous Work and Development of the Data Recovery Plan
A. Prior to starting fieldwork, previous work will be reviewed and a Data
Recovery Plan will be provided to the City of Carlsbad. This Plan will
identify sample methods, research goals, field and laboratory methods,
special studies and reporting procedures.
2. Subsurface Assessment
A. Phases I, 11, and 111 will include a 2 to 5 percent excavation using 1x1
meter random sample units, feature units, block exposures, and backhoe
trenching .
1. Phase I sample units will be randomly selected. Subsequent unit
placement (Phase 11) will be determined on the basis of Phase I
results and the presence of prehistoric features.
2. Features (i.e., fire hearths, shellfish lenses, clusters of artifacts)
will be excavated as a cultural unit.
3. Units will be excavated in 10 centimeter levels to sterile.
Sterile is defined as bedrock or one level with no cultural material
present. If two consecutive levels record a significant drop-off in
cultural materials with the presence of cultural material explained
in terms of natural processes, then that is defined as sterile.
4.
5.
6.
3. Site Mapping
A11 soil will be screened through 1/8-Inch mesh hardware cloth,
Column samples will be taken from selected units for flotation
and microfaunal analysis.
Backhoe excavation may be necessary to identify features and
for the purpose of completing a pregrade prior to construction
grading.
A. A site map will be prepared for each site showing location of 1x1 rn
units, surface artifacts, as well as, significant landform andor landmarks
and site disturbance.
A. All artifacts and ecofacts will be sorted and catalogued,
B. Selected ancillary studies (].e. Carbon-14 dates from collected shell
andor charcoal, obsidian source identification and hydration rim
measurements, faunal analysis, and shell analysis) will be conducted
as appropriate.
C. Present all results in a report of finding as per City of Carlsbad,
CEQA and State Guidelines.
4. Artifact Analysis and Report Preparation
Overall, a minimum two to five percent site sample will be excavated using manual lxl-
m units and mechanical methods. The Data Recovery Program will address research
questions concerning chronology, subsistence, site type and settlement pattern, trade and
travel, and stone tool technology. In addition to manual excavation and prior to mass
grading, a backhoe will be used to locate features (i.e. hearths, cairns, burials, or
cremations) for manual excavation and recording. Special studies will depend on field
rcsults and may include radiocarbon dating, obsidian sourcing, blood and phytolith
residue analysis, pottery analysis, microfauna analysis, faunal analysis, and lithic
analysis.
SCHEDULE
Fieldwork will be completed in approximately three to four months from authorization to
proceed. Cataloguing and analysis, special studies and a letter report of finding will be
submitted to the client in approximately eight weeks from completion of all fieldwork.
The final report will be Submitted within four to six months from completion of all
fieldwork. This schedule does not include agency review time or agency meetings or
meetings with Native Americans. Also, this schedule may need to be revised should
inclement weather (i.e. rain), or burials and/or cremations are encountered. Data
recovcry is a long lead item and work should be initiated a minimum of six months prior
to scheduled development.
FTXED-FEE COST
Thc fixed-fee cost for completing the Data Recovery Program for CA-SDI-8694 and
indexing prior to capping for CA-SDT-8303 and CA-SDI-8797 is estimated to not exceed
$229,650.40 (Tables 1 and 2). The cost for the Native American Monitor is estimated to
not exceed $15,000.00 (500 hours @ $30.00). The total cost for the data recovery
program and the Native American Monitor is estimated to not exceed $244,650.40. If
site CA-SDI-8797, which includes the burial, cannot be completely avoided, then the cost
will be increased to provide mitigation of impacts through data recovery for that portion
of CA-SDI-8797 needing mitigation measures.
COSTS NOT INCLUDED
The cost for curation is $660.00 per cubic foot of materials. As the number of artifacts
cannot be anticipated, curation costs are not included in this cost estimate. Also,
construction monitoring by an archaeologist and a Native American is not included in
this scope of work and cost estimate.
COST ASSUMPTIONS
Cost assumptions include:
1. Units will have an average depth of 60 cm per unit;
2. Units will produce not more than 300 artifacts per unit;
3. Not more than five hearth features will be encounteredrecorded;
4. CEQA and City of Carlsbad compliance only; and
5. No burials and/or cremations.
The fixed-fee cost for the Data Recovery Program will not be exceeded without client's
authorization. Billing Will be submitted on a monthly basis for work completed to date.
Payment is required within 30 days of billing. Late payments will incur a 1.5% monthly
late fee.
ADDITIONAL WORK The scope of work reflects our current understanding of project requirements.
Amendments to the scope of work will be necessary, if there are modifications to the
project or the required services, such as: burials/creinations; response to agency
comments; or meetings with agencies, Native Americans or public presentations. If
human remains are encountered, then all work must halt immediately and the client, City
of Carlsbad, County of San Diego Coroner, and the Native American Heritage
Commission will be notified to initiate the required consultation. The schedule will be
adjusted accordingly in light of findings.
ACCEPTED
Company Name
Gallegos &L Associates
/-----7
By: ByC&7/-/7,-
Sigdure of Authoczed
Representative of Consultant
Signature of Authorized
Representative of Client
Dennis R. Gallegos
President
January 23,2004
Name Printed Name Printed
Title Title
Date Date
B
6
0 N
N
4
5
3 z
TABLE 2
GALLEGOS lt ASSOCIATES COST ESTIMATE FOR
DATA RECOVERY PROGRAM FOR SITE CASDIS694
AND INDEXING PROGRAM FOR CA-SDl-8303 AND CA-SDl-8797
JANUARY 23,2004
TasklPewnnel
Management and Coordination
Project Manager
Data Recovery Plan and Project Setup
Project Manager
Project Archaeologist
Field Directw
Graphics
Word Processing
Archaeological Aid
Field Work
Project Manager
Project Archaeologist
Field Director
Archaeological Aid
Field Crew
Laboratory Analysis
Laboratory Director
Laboratory Crew
Report Preparation
Project Manager
Project Archaeologist
Graphics
Word Processing
Arct\aeological Aid
Meetings
Project Manager
OUler Direct Costs
Backhoe Trenching
Radiocarbon Dating
lllustra tor
Lithic Analpis
Faunal Analysis
Other Studies (Le., Obsidian, Residue, Pollen)
Supplies
Mileage
Film and Processing
Equipment Rental (Storage Shed)
$78.75 40
$78.75 30
$63.00 24
$47.25 16
$34.66 0
831.50 24
$31.50 a
$78.75 56
$63.00 328
$31.50 660
$28.87 2648
w.25 3ta
$47.25 240
$31.50 240
$70.75 68
$63.00 224
534.66 96
$31.50 96
S37.50 266
$78.75 32
Total Cost
$3,150.00
$2,362.50
$1,512.00
$756.00
$252.00
$756.00
$277.28
%4.410.00 $20,664.00
$1 5,025.50
$20,790.00
$76,447.76
$1 1,340.00 #
$7,560.00
$5,355.00
$14,112.00
$3,327.36
$3,024.00
$8.31 9 .oo
$2,550.00
$1,650.00
$4,000.00
$1,000.00
$10,000.00
$5,250.00
$1,000.00
$1,000.00
$850.00
$500.00
$1,500.00
Copies and Binding S850.00
Total Labor and ODC $229,650.40
Native American Monitor (500hrsa $30.00)
Total with Native American Monitor
Does not include curation or reburial costs.
$1 5,000.00
$244.650.40
I
Mar 17 04 10:33a Gallegos & Associates
__ -. . __ . - . . . . . -. . -. .
[7601 929-0056 P.3
Binder of Insnrmce
Name and Addrrx of Lienholder or Addmonal Imured Policy Number: G 6626838
Year Tmcie Name
1995 JEEP
2003 JEEP
Natbe ta Lhholder
IN THE EVENT OF CANCELLATION OF THIS Ci of Carisbad,& Officerk,Officials&Ernployees I
Vehiie ldentificatim Number
I J4GZMSSC684783
IJ4GW48S73C544051
1200 CARLSBAD VltLAGE DR
CARLSBAD, CA 92008
2001
1986
2001
BINDER, THE EXCHANGE WILL GIVE THE
LIENHOLDER 10 DAYS WRITEN NOTICE OF
CANCELLATION.
HQND lHGCG22501ADO9713
TOYO., JT4RN62DG60051346 TOYO 5TBRT34141S155614
Loan Number:
The Interinsurance Exchange of the Automobile Club hereby acknowledges itself bound tb the named insured for the covwages
specified in the schedule subject to all provisions of the Exchange's applible pllcy lam. The issuance of a policy to the
named insured or, if a policy is in force, he ISSUanQ9 of an endorsement covering the automobile, boat or trailer described
herein shall vakl thls binder. A pro rata premium charge computed for #le tm of coverage in accordance with the current rates
of the Gahnge in effect at the inception of the binder will be made unless such a policy endorsefneht 1s kued. Thls binder
shall hat be cdllsrmed to afford cumulative insumce with any wlstlw pllcy.
Bodily Injury and Property Damage
PhyslcaI Damage Coverage
Physical Damage Deductible ,
~med Insured: DENNIS R. AND MARSHA K. GALLEGOS
each occue , ,
Actual Cash Value not to exceed Limit of L-iity
less the specified dedudible
COVERAGES: .I
I Watercraft Insurance ILinits of Liability (in thousands) I
[Effecthe Date of Binder:
This binder shall expire 30 days fmn the effecthre date or may be cancelled by the named insured at any time during such 30
day period. The Exchange ay cancel this binder by mailing to the rE+med Insured at the address shown above written notice
stating when, not less than 10 days thereafter, such candation shan be effective. The mailing of such notice shall be sufticietd
pmof of notice.
05/07/2004 1261 AM Paclfle standard Time I
Authoked Represematlve: 0
0 ACSC Management Services, Inc.
Attorney-1n-F-
I
Company Profile Page 1 of 2
Company Profile
GOLDEN EAGLE INSURANCE CORPORATION
PO BOX 85826
SAN DIEGO, CA 92186-5826
800-688-866 1
Agent for Service of Process
ERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR
LOS ANGELES, CA 90017
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 10836
NAIC Group #: 0111
California Company ID #: 4453-7
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: CALIFORNIA
August 21, 1997
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
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Company Profile
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
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A.M. Best Worldwide Insurance Directory
00186 - Interinsurance Exchange of Auto Cfub
Member of Automobile Club of Southern Calif Group A.M. Best #: 00186 NAlC #: 15598
P.O. Box 25001 Santa Ana, CA 92799-5001
Phone: 71 4-SO-51 11
www.aaa-calif .corn
Stock Ticker: Not Available
Business Commencement: 1912
Structure: Reciprocal Exchange Marketing: Direct Response,
General Agent
Click for the latest Best's Rating or other members of this group.
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Copyright 0 2004 by A.M. Best Comeanv, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details.
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ACoRDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY)
MAR 23 04
PRODUCER ALL COMMERCIAL INSURANCE SERVICES, LLC. 6790 TOP GUN STREET #3 SAN DIEGO CA 921 21 PHONE: 8581642-0200
x COMMERCIAL GENERAL LIABILITY
CLAIMSMADE 13 OCCUR
--
4
GENL AGGREGATE LIMIT APPLIES PER
POLICY PP0.lFC.T I nr.
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
~
~
__
~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I
GARAGE LIABILITY ._ -
ANY AUTO
INSURERS AFFORDING COVERAGE - ~
FAX: 858/642-0205
[7 CLAIMSMADE
DEDUCTIBLE
4
NAlC #
WORKERS COMPENSAllON AND I -__-. -. ---. . . - -. . .-. I
INSURER A: GOLDEN EAGLE INSURANCE ..
INSURED
CU9534167
. .
SEP903 1 SEP904
INSURER B: - GALLEGOS 8 ASSOCIATES 5671 PALMER WAY, STE. A CARLSBAD CA 92008
__ INSURER D:
INSURER E:
LIMITS
__~_
I$ 1,000,000 _~ ~. EACHOCCURRENCE
DAMAGE TO RENTED PREMISES (Ea omrance) 100,000 . __ -__~ $
4s .TR
MED. EXP (Any One Person) 1 $ 5.000
POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIW) DATE {MWDDIW) TYPE OF INSURANCE POLICY NUMBER
CBP9533367 SEP 9 03 SEP 9 04 GENERAL LIABILITY
---1
PERSONAL & ADV INJURY 1,000,000
--
__
COMBINED SINGLE LIMIT (Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
~~ ..-
1,000,000 EACHOCCURRENCE
AGGREGATE I$ 1 .ooo.ooo
'$
- tMrLUltKJ' LlAllLl I Y
ANY PROPRlETORlPARTNERlEXECUTIVE OFFlCEWMeMBER EXCLUDED?
if yes, describe under
~ __ E.L. EACH ACCIDENT
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT , ~~ ....._ !
SPECIAL PROVISIONS below ~
, OTHER:
I I I I
>ESCRIPTION OF OPERATlONSlLOCATlONNEHlCLES/EXCLUSlONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS
2ERTIFICATE HOLDER, THE CITY, IT'S OFFICERS, OFFICIALS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS ro GENERAL LIABILITY. *IO DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. RE: CARLSBAD GOLF COURSE
CERTIFICATE HOLDER 1 1 ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
CITY OF CARLSBAD RECREATION DEPARTMENT
1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008
Attention: CONNIE 760-720-6917
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
AUTHORIZED REPRESENTATIVE
%e/
ACORD 25 (2001108) Certificate # 36563 Mark Rubin
ALL COMMERCIAL INS
GOLDEN EAGLE INSURANCE CORPORATION
P.0. BOX 85826 - SAN DIEGO, CA 92186-5826
PAGE 61/01
No: CBP9533367 ADClITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
CEP9533367 ADCIIT'IONAL INSURED - OWNERS, LESSEES
OR IZONTRACTORS (FORM B)
Policy No:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CA G! E FU LLY.
This endorsement modifies insurancc provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
WHlb IS AN INSURED (Section 11) is amended to include as an insured
the person or organization shown in the Schedule, but only with respect
to liability arising out of ''your work" for that insured by or for vou,
The coverage afforded the additional insured does not apply to anv
project on which "your work" was completed prior to the eEectjve date
of this endorsement.
_I, SCHEDULE
City of Carlsbad Dg?partrnent: Recreation Administration/Park Development
CG 20 10 (il-85) Modifled
GECG 501 (10-98)
A.M. Best's Rating for Golden Eagle Insurance Corporation
12076 - Golden Eagle Insurance Corporation
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View a list of aroup members or the aroup's rating A.M. Best #: 12076 NAlC #: 10836
A (Excellent)*
Financial Size Cateaow
XV ($2 billion or more)
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Company Profile n
INTERINSURANCE EXCHANGE OF THE
AUTOMOBILE CLUB
333 FAIRVIEW ROAD hENRY R. TOOFANIAN - A451
COSTA MESA, CA 92626
800-924-6 14 1
Former Names for Company
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE Effective Date: 01-15-1997 Old Name: CLUB OF SOUTHERN CALIFORNIA
Attorney in Fact
ACSC MANAGEMENT SERVICES, INC., 2601 SOUTH FIGUEROA ST LOS ANGELES, CA 90007
Agent for Service of Process
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 15598
NAIC Group #: 1318
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: CALIFORNIA
California Company ID #: 0392- 1
October 01, 1912
License Status: UNLIMITEDNORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
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CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
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I Page 1 I I Connie Ashby - Re: Gallegos & Assoc-Waiver of Prof E&O -
From: Jane Mobaldi To: Connie Ashby
Date: 4/12/04 1 :25PM
Subject: Re: Gallegos & AssooWaiver of Prof E&O
Connie 1 did waive profeessional liability insurance for this contract on 2-18-04.
NOTICE: THE INFORMATION CONTAINED IN THIS E-MAIL CONTAINS CONFIDENTIAL ATTORNEY
WORK PRODUCT AND/OR ATTORNEY-CLIENT INFORMATION. IT IS MEANT TO BE READ ONLY
BY THE INTENDED RECIPIENT, AND SHOULD NOT BE READ BY ANYONE ELSE. IF YOU
RECEIVED THIS EMAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE
SENDER AT (760) 434-2891 AND DELETElDESTROY THE EMAIL. THANK YOU.
>>> Connie Ashby 04/09/04 11:43AM >>>
Hi Jane, I am preparing to send over the "Agreement for Cultural Resources Data Recovery and Indexing
Program For The Carlsbad City Golf Course Project for Gallegos & Associates, but noticed that when Mr. Gallegos came in to re-sigdnotarize the document, he crossed out & initialed section 10.1.4 Professional Liability, the section requiring the contractor to maintain coverage for a period of five years.,., of the
contract.
I showed this to John Cahill, since this is his agreement, & he said that he had already discussed this
matter with you & that you had waived that requirement on this particular contract.
Would you please confirm this waiver so that I can then forward the contract over to your office for processing. That would eliminate any questions that Susanne might have on that issue when she
receives the agreement.
Please let me know if you need any further information or have any other questions.
Thanks again for your assistance.
Connie Ashby
Administrative Secretary City of Carlsbad
Recreation Department
1200 Carlsbad Village Drive Carlsbad, CA. 92008
cash b@-ci. ca rlsbad .ca .us
(760) 434-2826
"Creating Community through
People, Parks & Programs"
CERTHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
FUN D CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
COMPENSATION INSURANCE
ISSUE DATE: 04’-13-2004
CITY OF CARLSBAD, ITS OFFICERS,OFFICIALS AND EMPLOYEES
1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008-1989
GROUP: POLICY NUMBER: 1235006-2003 CERTIFICATE ID: 14 CERTIFICATE EXPIRES: 12-01-2004
12-01-2003/12-01-2004
JOB: ATTN JOHN WILL
This is tc certify that we have issued a valid Worker’s Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you’30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
- AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER’S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 04-13-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD, ITS OFFICERS,OFFICIALS
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS‘ NOTICE EFFECTIVE 12-01-1993 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
GALLEGOS, DENNIS R. AND GALLEGOS, MARSHA DBA: GALLEGOS & ASSOCIATES
5671 PALMER WAY STE A CARLSBAD CA 92008
SClF 10262E Accept this certificate only if you see a faint watermark that reads “OFFICIAL STATE FUND DOCUMENT’
$MM,SDI
PAGE 1 OF1 RINTED: 04-12-2004