Loading...
HomeMy WebLinkAbout2004-05-18; City Council; 17633; Moffatt & Nichols Engineers - Sand ProgramhB# 17,633 TITLE: APPROVAL OF AGREEMENT WITH IITG. 5/18/04 CARLSBAD OPPORTUNISTIC SAND PROGRAM AND IEPT. ENG MOFFATT & NICHOL ENGINEERS FOR THE APPROPRIATION OF FUNDS, PROJECT NO. 3469 RECOMMENDED ACTION: CITY ATTY. Adopt Resolution No. 2004-161 approving an agreement for Coastal Engineering Services for the Carlsbad Opportunistic Sand Program with Moffatt & Nichol Engineers and appropriating funds. ITEM EXPLANATION: Prior to 2002, the City had been pursuing the development of an Opportunistic Sand Program. Staff, in conjunction with Moffatt & Nichol Engineers, completed detailed technical reports and an initial environmental analysis to support a local, small-scale beach replenishment activity. However, the Council decided to discontinue the program until other local jurisdictions completed similar programs. At this time, the cities of Point Hueneme and San Clemente, and the County of Ventura have issued permits for similar Opportunistic Sand Programs. The regulatory agencies have given an initial consideration of these programs and are poised to recommend approval of specific permits to allow for a local beach replenishment activity. From a strategic standpoint, it would be beneficial to have the regulatory agency consider the Carlsbad program at the same time as the other agencies. With the technical studies complete, the final step requires the processing of the necessary regulatory permits through the Army Corps of Engineers, California Coastal Commission, Regional Water Quality Control Board, and the California State Lands Commission. The proposed agreement with Moffatt & Nichol Engineers provides services for the processing and negotiations of the required permit conditions with the resource agencies. FISCAL IMPACT The total cost for processing the required permits is estimated at $57,240, which includes the cost of the consultant agreement plus City staffing Fosts. The City is currently holding unused state Opportunistic Sand Programs. Waterways authorizing the use of sufficient grant funds remaining funds designated for the initial Shore Protection and a letter from the State Department of Boating and for the Opportunistic Sand Program. There are and staff is recommending these funds be appropriated. EXHIBITS: approving an Agreement for Coastal Engineering Sand Program with Moffatt & Nichol Engineers and Services for the Carlsbad Opportunistic Sand appropriating funds. 1. DEPARTMENT CONTACT: Steve Jantz, (764) 602-2738, siant8ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR COASTAL ENGINEERING SERVICES FOR THE CARLSBAD OPPORTUNISTIC SAND PROGRAM WITH MOFFATT & NICHOL ENGINEERS AND APPROPRIATING FUNDS. WHEREAS, the City desires to secure the necessary regulatory agency permits for the jevelopment of an Opportunistic Sand Program; and WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, desirable, and in the public interest to award the consultant agreement to Moffatt & Nichol Engineers to irovide coastal engineering services for said project; and WHEREAS, a consultant fee not-to-exceed $52,750 and staffing costs of $4,490 are *equired to provide the requested services; and WHEREAS, there are sufficient excess California Department of Boating and Waterways 'unds available for this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2alifornia as follows: 1. 2. That the above recitations are true and correct. That the Mayor is authorized to execute the agreement with Moffatt & Nichol ingineers for the Opportunistic Sand Program. I/ 11 Il Il Il Il Il Il Il 2 1 2 3 4 5 6 7 8 9 10 11 z 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Finance Director is authorized to appropriate state grant funds of $57,240 to the Opportunistic Sand Program. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of May , 2004 by the following vote, to wit: AYES: Council lchin, Hall and Packard ABSENT: No ATTEST: / Resolution No. 2004-161 page 2 (SEAL) 3 PWENG426 AGREEMENT FOR COASTAL ENGINEERING SERVICES FOR THE CARLSBAD OPPORTUNISTIC SAND PROGRAM MOFFATT & NICHOL ENGINEERS THIS AGREEMENT is made and entered into as of the &?IS' day of InG* , 2004, by and between the CITY OF CARLSBAD, a municipal corporatio~ ("City"), and MOFFATT & NICHOL ENGINEERS, a California Corporation, ("Cont ractof). RECITALS A. City requires the professional services of a Coastal Engineering firm that is experienced in preparation and processing of the necessary resource agency permits for the Carlsbad Opportunistic Sand Program. B. Contractor has the necessary experience in providing professional services and advice related to potential coastal impacts and offshore monitoring requirements for a local beach sand replenishment activity. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof in an amount not to exceed Fifty Two Thousand Seven Hundred Fifty Dollars ($52,750) 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. City Attorney Approved Version #04.01.02 1 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 Fifty Two Thousand Seven Hundred Fifty Dollars ($52,750). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A'. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A'. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 2 City Attorney Approved Version #04.01.02 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, 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. I N DE M N IF IC AT10 N 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 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 Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile 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. 3 City Attorney Approved Version #04.01.02 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 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 endorse men ts . 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 4 City Attorney Approved Version #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 (I) 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. 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 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. 6 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 sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor 7 City Attorney Approved Version #04.01.02 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 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. 8 City Attorney Approved Version #04.01.02 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: (sign here) &CMW dfiew ~2 ATTEST: (print namehitle) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the oficer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy City Atfohey 9 City Attorney Approved Version #04.01.02 EXHIBIT “A” SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version #04.01.02 ~ 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April 20, 2004 before me, --------------Tonia M. McMahon, Notary Public------------------------------- personally appeared ___----________Michael J. McCarthy ______________________________ personally known to me - OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(@ is/- subscribed to the within instrument and acknowledged to me that hehhe/&ey executed the same in hisk/*authorized capacity(&), and that by hisk/W signature(s) on the instrument the person(%), or the entity upon behalf o f which the person(%) acted, executed the instrument. ESS my hand and official seal. Signature M. of Notary luc& Public ................................................... OpTIONAL--------------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and couldprevent fraudulent removal and reattachment of this form to another document. Description Of Attached Document Title or Type of Document: Aareement for Coastal Ennineerinn Services For The Carlsbad Ovportunistic Sand Proaram - Citv of Carlsbad - Public Works /Engineering Document Date: Number of Pages: 10 Signer(s) Other Than Named Above: Timothv R. Rellaford, CFO, Secretarv Capacity(ies) Claimed by Signer(s) Signer’s Name: Michael J. McCarthv 0 Individual Corporate Officer Title(s): Vice President 0 Partner - 0 Limited 0 General 0 - Attorney-in-Fact u Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer’s Name: Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: Signer is Representing: I I Z:lTonialProj-Prop adminlCig Carlsbad NOTARYACK 4-20-04.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Signer is Representing: State of California County of Los Angeles On April 20 2003, before me, ____________________________ T. Coffield, Notary Public ________________________________ personally appeared --------------- Timothy J. Rellaford-----------------------------------------------_--------------- E personally known to me - OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islaw subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in hiss authorized capacity(&), and that by his/* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Y Signature of Notary Public Title or Type of Document: Opportunistic Sand Program - Citv of Carlsbad - Public Works / Engineerin2 Document Date: signed 4/20/04 Number of Pages: 10 Agreement for Coastal Enaineerina Services for The Carlsbad Signer(s) Other Than Named Above: Michael J. McCarthv Capacity(ies) Claimed by Signer(s) Signer’s Name: Timothv J. Rellaford 0 Individual Corporate Officer Title(s): Sr. V.P. / CFO 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact I- Other: of thumb here I Signer is Representing: I I I 1 Signer’s Name: 0 Individual [7 Corporate Officer Title( s): 0 Partner - [7 Limited 0 General 0 - Attorney-in-Fact u Trustee 0 Guardian or Conservator Other: April 8,2004 City of Carlsbad Engineering Department 1635 Faraday Ave Carlsbad, CA 92008 Attn: Mr. Steve Jantz, Associate Engineer Subj : Proposal for Consulting Services, Carlsbad Opportunistic Beach Fill Program M&N File: 3497-0 1 - _- DearMr. Jantz: Moffatt & Nichol is pleased to present this proposal to perform technical and permitting services for establishment of the City's Opportunistic Beach Fill Program. We understand the City wishes to finalize the program and modify the project description by proposing use of only the southernmost site in the City for beach nourishment. This proposal is to reinitiate planning of the program and attempt to secure the necessary permits for the program. This proposal presents our scope of work, fee, and schedule for these services. SCOPE OF WORK Task 1 - Kick-off Meeting and Site Visit - Meet with the City to reinitiate the effort, and conduct a site visit on the same day with the resource agencies together at the Beach Fill Site and discuss the proposed program for questions and comments. Task 2 - Review Existing Biological and Beach Survey Data for the Site - Review and summarize appropriate monitoring information, completed as part of the Regional Beach Sand Project, pertaining to the South Carlsbad site. Task 3 - Prepare the CEQA Project Description and EIA Part I Form for Submittal to the City Planning Department - Prepare the appropriate CEQA documentation for the project. A Mitigated Negative Declaration (MND) is anticipated and will address the following potential impacts: water quality (turbidity), biology (nearshore habitat), transportatiodcirculation, recreatiodbeach access, air quality from construction traffic, and noise. This will not include revisions to the previous Technical Report. The Draft MND will then be circulated for public review. Task 4 - Review and Revise the Sand Delivery Method to the Site - Prepare a plan to address traffic control, truck delivery methods for sand placement on the beach, and sand grading/distribution in the nearshore. City of Carlsbad, Mr. Steve Jantz Opportunistic Beach Fill Proposal April 8,2004 Page 2 of 4 Task 5 - Revise and Finalize the Mitigated Negative Declaration - Prepare Responses to Comments received from the circulation of the Draft MND and finalize the document. M&N will also attend Planning Commission and City Council hearings to certify the document and approve related entitlements (Coastal Development Permit, Special Use Permit, etc.). Task 6 - Permitting - Prepare and submit applications for the City of Carlsbad Coastal Development Permit, U.S. Army Corps of Engineers (USACE) Sections 10 and 404 permit, California Coastal Commission Coastal Development Permit, Regional Water Quality Control Board (RWQCB) Section 401 C Certification, State Lands Commission(SLC) Lease of State Lands, and State Department of Parks and Recreation (DPR) Encroachment permit. Provide follow-up with the agencies, as needed, to attempt to secure the permits for the program. This task also includes attending the Coastal Commission Hearing as part of acquiring the Coastal Commission Coastal Development Permit. M&N will act as agent for the City in all negotiations of permit conditions. The number of meetings will be limited by coordinating schedules among agency staff, the City, and the consulting team to minimize costs. Task 7 - Update the Monitoring Plan - A monitoring plan was previously drafted and will be updated to include new biological information on the site provided by SANDAG, including bird monitoring and habitat monitoring for the nearshore as has been requested by the Water Board for a nearby site. The plan will include costs for long-term monitoring. Task 8 - As-Needed Services - Unforeseen circumstances may occur that require planning and engineering assistance and M&N will assist the City as-needed upon request. ESTIMATED FEE The estimated fee to perform the work is a lump sum of $47,750 to be invoiced monthly on a percent complete basis, not including As-Needed Services. As-Needed Services can be billed on a time and materials not to exceed basis assumed at a level of $5,000 per the attached estimate. The table below shows the fee for each task. Our current rate schedule for time and material work is also attached. PROJECT SCHEDULE A site visit with the agencies will be scheduled within two weeks from the Notice-to-Proceed or NTP (depending on agency staff availability). The Draft MND for City review is estimated to be completed within six weeks from NTP, with the Draft MND for public review estimated for completion within ten weeks from NTP (assuming two weeks for City review and approval). It will then be circulated for a 30-day public review period. We propose permit applications be prepared and submitted to the applicable agencies during the public review period to save time. This entails some risk of requiring additional resubmittal efforts and would be within twelve City of Carlsbad, Mr. Steve Jantz Opportunistic Beach Fill Proposal April 8,2004 Page 3 of 4 weeks from NTP, with follow-up occurring thereafter. The date of permit approvals is difficult to estimate and depends on the extent of follow-up required for the agencies. We will request that the program be scheduled on hearing agendas for all agencies at their earliest convenience. We look forward to continuing to work with the City on this important project, and thank you for the opportunity to present our proposal. Please contact Chris Webb or me with any questions or s comments. Sincerely, MOFFATT & NICHOL - _- __ - Michael J. McCarthy, P.E. Vice-president Attachment City of Carlsbad, Mr. Steve Jantz Opportunistic Beach Fill Proposal April 8,2004 Page 4 of 4 TASK COST ESTIMATE FEE 1. Kick Off Meeting and Site Visit $1,500 2. Review Existing Data $1,800 3. Prepare CEQA Doeu-menkttion 4. Update Sand Delivery Methods I 6. Permitting $4,700 - - --- $2,500 5. Finalize MND $4,200 ~ a. Prepare applications $6,400 b. Provide follow-up services $12,000 I Reimbursable Ewenses I $150 I I c. Attend Coastal Commission Hearing c. Attend Two City Hearings $2,000 $4,000 7. Update the Monitoring Plan $6,500 Total Lump Sum Costs $47,750 8. As-Needed Services (Billed as T&M) $5,000 MOFFATT & NICHOL bdb1 ENGINEERS RATE SCHEDULE FOR PROFESSIONAL SERVICES Effective July 1, 2003 Until Revised CLASSIFICATION HOURLY RATES PROFESSIONALS ____ Supervisory EngineerIScientist Senior EngineerIScientist EngineerIScientist 111 Engineer/Scientist I1 EngineerlScientist I Staff EngineerIScientist TECHNICIANS Senior Technician Designer CADD 11 CADD I CLERICAL Word Processing General Clerical SPECIAL Principal EngineerlScientist Court Appearances 170.00 158.00 144.00 130.00 1 10.00 90.00 128.00 120.00 98.00 78.00 71.00 65.00 185.00 250.00 REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement) Subcontracts or Outside Services cost +15% Reproductions -In House Mylar Plots (B/W) Color Plots Vellum Plots (B/W) Bond Plots (B/W) Drawing Reproduction Document Reproduction Travel -Outside Reproduction Company Auto Rental Vehicle Airfare Meals and Lodging $2.00/SF $4.001 SF $1 .OO/SF $0.50ISF Cost +15% $0.1 O/sheet Cost +I 5% $0.365/mile cost cost cost