HomeMy WebLinkAbout2007-03-20; City Council; 631; Planning Systems and Vadnais agreementsCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
AB#
MTG.
DEPT.
631
3/20/07
ENG
ACCEPTING BIDS, AWARDING A CONSTRUCTION CONTRACT WITH
VADNAIS CORPORATION, AND APPROVING AND AUTHORIZING A
PROFESSIONAL ENVIRONMENTAL SERVICES AGREEMENT WITH
PLANNING SYSTEMS, INC., FOR LAKE CALAVERA REMEDIAL
IMPROVEMENTS, PROJECT NO. 3821, AND APPROPRIATION OF FUNDS
DEPT. HEAD
CITY ATTY.
CITY MGR.
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RECOMMENDED ACTION:
Adopt Resolution No. 1293 accepting bids, awarding a contract with Vadnais Corporation,
and approving and authorizing a professional environmental services agreement with
Planning Systems, Inc., for environmental monitoring for the construction of the Lake Calavera
Remedial Improvements, Project No. 3821, and appropriation of funds.
ITEM EXPLANATION:
The Calavera Dam is an earth-fill dam that impounds waters from the Calavera Creek watershed to
form the Lake Calavera reservoir. At present, the Calavera Dam's outlet works are inoperable, the
outlet pipeline has serious deterioration from corrosion, and the spillway is damaged from erosion.
The Calavera Dam is presently not in compliance with the requirements of the California Department
of Water Resources Division of Safety of Dams (DSOD).The Lake Calavera Remedial Improvements
Project will restore operational control and safety of the dam, and make necessary remedial facility
repairs while modernizing the reservoir operations.
The Lake Calavera Remedial Improvements include the following:
• In lieu of constructing a new bridge to the outlet tower, the upper 26-feet of the existing outlet
control tower will be removed and replaced with an automated outlet valve system placed
upon the lakeside face of the dam.
• The automated outlet valves will be dual action hydraulically and pneumatically-controlled.
This redundancy is to ensure a safe and reliable operational control of the valves meeting
DSOD requirements.
• The outlet pipe will be slip-lined with polyethylene pipe underneath the dam.
• A remote valve control and new SCADA alarm system will be placed in an on-site control
building with radio feed to the operations center. The control building will have motion-sensor
security lighting and fencing.
• The spillway apron and channel improvements will have a new ArmorFlex block revetment
installed. Colored concrete will be placed at the spillway channel and apron.
• An access road to the spillway apron will be installed.
• Improvements to the dam crest for maintenance crew access will be made.
All improvements will be made using a construction method that does not require a significant lake
water level draw down.
FOR CITY CLERKS USE ONLY.
BOARD ACTION: APPROVED
DENIED
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AMENDED
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On November 21, 2006, the Board of Directors authorized the advertisement for bids for the
Lake Calavera Remedial Improvements, Project No. 3821. The City received five (5) sealed bids on
February 27, 2007, which are summarized in Table 1.
TABLE 1 - SUMMARY OF BIDS
CONTRACTOR NAME
1 . Vadnais Corporation
2. Orion Construction Corporation
3. Valley Coast Construction
4. Kiewit Construction
5. Reyes Construction
CITY/STATE
San Diego, CA
Vista, CA
San Diego, CA
Santa Fe Springs, CA
Pomona, CA
TOfALBID
$4,150,170
$4,583,000
$4,969,567
$5,458,000
$5,500,600
The Engineer's Estimate for the project was $4,200,000. The lowest responsive bid was submitted by
Vadnais Corporation. All bid documents submitted by Vadnais Corporation have been reviewed by
staff and found to be in order. Staff recommends awarding the construction contract to Vadnais
Corporation, in the amount of $4,150,170.
The project permit requirements call for environmental monitoring services. In response to this, staff
requested a proposal from Planning Systems, Inc., which prepared the project's environmental
documentation. Planning Systems is uniquely qualified to provide environmental services necessary
in preparing the construction plans necessary to satisfy revegetation program, to provide the
necessary monitoring and reporting of the program, and to provide construction-related environmental
services dictated by the agency permits during the construction phase of the project. The purchasing
officer has approved the use of a sole source agreement with Planning Systems.
The environmental monitoring services include:
• Construction - Monitoring, Coordination and Biological Surveys
• Wetland Revegetation Construction Plans
• Five-year monitoring and management of revegetation
• Conservation easement preparation and recordation.
To assist staff with the environmental monitoring services, staff recommends that a professional
environmental services agreement be approved with the firm of Planning Systems, Inc., to provide
these services for a not-to-exceed amount of $205,000.
ENVIRONMENTAL IMPACT:
The Planning Commission adopted a Mitigated Negative Declaration, and approved a Conditional Use
Permit (CUP 04-11) and a Habitat Management Plan Permit (HMPP 05-03) on January 18, 2006 by
Planning Commission Resolution Nos. 5890, 5891 and 5892, respectively.
On January 23, 2006, an appellant filed a timely request for appeal of the HMPP for the project to the
City Council. On January 27, 2006, the appellant amended the appeal form on file with the City Clerk.
The appeal was denied by the City Council on April 18, 2006, thereby upholding the Planning
Commission's decision to approve the HMPP by City Council Resolution No. 2006-101.
In addition to these environmental documents, the following additional permits have been acquired for
construction of the project:
1. California Regional Water Quality Control Board 401 Water Quality Certification and Waiver
issued 5/15/2006 and amended 8/11/2006.
2. California Department of Fish and Game Agreement Regarding Proposed Stream or
Lake Alteration pursuant to Section 1602 of the California Fish and Game Code.
3. Department of the Army Nationwide Permit (NWP) 3 and 33 issued on 11/6/2006.
PageS
4. California Department of Water Resources Division of Safety of Dams (DSOD).
Planning Systems, Inc., environmental monitoring services will include coordination and
documentation with all the above permits.
FISCAL IMPACT:
The estimated project cost to construct the Lake Calavera Remedial Improvements Project is shown
below in Table 2.
TABLE 2 - PROJECT COST SUMMARY
LAKE CALAVERA REMEDIAL IMPROVEMENTS
(PROJECT NO. 3821)
FINAL DESIGN
1 . City Staff
2. Planning Systems (Environmental)
3. Right-of-Way Engineering (Survey)
4. CGvL Engineers (Engineering)
5. Merkel & Associates (Biological)
6. ASM Affiliates (Archaeological)
7. Ben C. Gerwick (Structural)
8. Rick Engineering (Topographical)
9. HDR Engineering (Engineering)
10. Miscellaneous and Permits
Subtotal
TEMPORARY PUMPING PROGRAM
1. Rain for Rent (FY 05-06)
2. Rain for Rent (FY 06-07)
Subtotal
CONSTRUCTION
1 . Construction Contract (Vadnais Corporation)
2. Construction Contingencies
3. Construction Management, Inspection, Geotechnical
4. Special Construction Inspection (Ben C. Gerwick)
5. Construction Support (HDR Engineering)
Subtotal
ENVIRONMENTAL
1. Planning Systems (Monitoring)
2. Construction Contract (Mitigation)
Subtotal
TOTAL PROJECT COST
CURRENT APPROPRIATION
ADDITIONAL APPROPRIATION REQUIRED
ESTIMATED
COSTS
$124,377
$131,910
$4,230
$344,593
$51 ,226
$4,945
$55,800
$8,383
$80,838
$9,698
$816,000
$38,235
$50,000
$88,235
$4,150,170
$415,830
$200,000
$42,000
$50,000
$4,858,000
$205,000
$130,000
$335,000
$6,097,235
$3,217,600
$2,879,635
The total project cost is estimated at $6,097,235 for the construction and mitigation program of the
Lake Calavera Remedial Improvements Project. It is estimated that additional funds of $2,879,635
from the Water Replacement fund are required to complete the project. Sufficient funds are available
for additional appropriations.
On Npvember 21, 2006, through Agenda Bill No. 623, the Board of Directors authorized the
advertisement for bids and was informed that a request for an additional appropriation would be
anticipated at the time of award of the construction contract and that the additional appropriation will
be based upon actual contractual costs. Staff estimated that an appropriation increase in the amount
of $2,882,400 would be needed for this project at that time. The Board approved staff's
Page 4
recommendation to authorize the advertisement for bids for the Lake Calavera Remedial
Improvements Project and delayed approval of additional appropriations to the time of award.
The total appropriation increase is now estimated at $2,879,635, which is slightly less than estimated
in Agenda Bill No. 623.
EXHIBITS:
1. Location Map.
2. Board of Directors of Carlsbad Municipal Water District (CMWD) Resolution
No. 1293 accepting bids, awarding a contract with Vadnais Corporation, and
approving and authorizing a professional environmental services agreement with
Planning Systems, Inc., for environmental monitoring for the construction of the
Lake Calavera Remedial Improvements, Project No. 3821, and appropriation of funds.
3. Agreement with Planning Systems, Inc., for Construction Management, and Inspection
Services for the Lake Calavera Remedial Improvements, Project No. 3821.
DEPARTMENT CONTACT: David Ahles, (760) 602-2748, dahle@ci.carlsbad.ca.us
LOCATION MAP
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PROJECT
PROJECT NAME
CALAVERA DAM - IMPROVEMENTS
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1
RESOLUTION NO. 1293
2
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
3 MUNICIPAL WATER DISTRICT (CMWD) ACCEPTING BIDS,
AWARDING A CONSTRUCTION CONTRACT WITH VADNAIS
4 CORPORATION, AND APPROVING AND AUTHORIZING A
PROFESSIONAL ENVIRONMENTAL SERVICES AGREEMENT WITH
5 PLANNING SYSTEMS, INC., FOR ENVIRONMENTAL MONITORING
SERVICES FOR CONSTRUCTION OF THE LAKE CALAVERA
6 REMEDIAL IMPROVEMENTS, PROJECT NO. 3821, AND
APPROPRIATION OF FUNDS.
7
WHEREAS, the Board of Directors of Carlsbad Municipal Water District has determined
8
it necessary, desirable, and in the public interest to construct Lake Calavera Remedial
9
Improvements, Project No. 3821; and
10
WHEREAS, the Board of Directors of the CMWD, Resolution No. 1283, has previously
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approved the plans and specifications and authorized the advertisement for bids for the
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construction of the Lake Calavera Remedial Improvements, Project No. 3821; and
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WHEREAS, five (5) sealed bids were received on February 27, 2007 by the City of14
Carlsbad for the construction of the Lake Calavera Remedial Improvements, Project No. 3821,15
and were subsequently reviewed by staff; and16
WHEREAS, the low bid received by Vadnais Corporation, in the amount of $4,150,170,
was determined to be the lowest responsive bid by staff; and18
WHEREAS, on December 3, 2006, Planning System, Inc., submitted a proposal to\ y
perform environmental monitoring services to the Engineering Department. The firm of
Planning Systems, Inc., is uniquely qualified to provide environmental services necessary and the
purchasing officer has recommended a sole source agreement for this project; and22
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has
23
determined it necessary, desirable, and in the public interest to enter into an agreement between
24
Planning System, Inc., and the CMWD for environmental monitoring services for the construction
25
of the Lake Calavera Remedial Improvements, Project No. 3821; and26
WHEREAS, the appropriation totaling $3,217,600 for the Lake Calavera Remedial
27
Improvements Project is insufficient to complete the project; and28
1 WHERAS, additional funds in the amount of $2,879,635 are anticipated to be needed to
2 complete the project; and
3 WHEREAS, a Mitigated Negative Declaration has been adopted by the Planning
4 Commission by Resolution No. 5890, dated January 18, 2006, as required by the California
5 Environmental Quality Act; and
6 WHEREAS, the Planning Commission approved a Conditional Use Permit (CUP 04-11)
7 on January 18, 2006 by Planning Commission Resolution No. 5891; and
8 WHEREAS, the Planning Commission approved a Habitat Management Plan Permit
9 (HMPP 05-03) on January 18, 2006 by Planning Commission Resolution No. 5892; and
10 WHEREAS, an appellant filed a timely appeal of HMPP 05-03 on January 23, 2006 and
11 later amended the appeal on January 27, 2006; and
12 WHEREAS, upon hearing the appeal, the City Council upheld the findings and conditions
13 of Planning Commission Resolution No. 5892 by City Council Resolution No. 2006-101 on
14 April 18, 2006; and
15 WHEREAS, the project has received the necessary environmental permits from the
'** California Regional Water Quality Control Board and the Department of the Army and an
agreement from the California Department of Fish and Game to conduct the improvements.
18 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
19 Water District as follows:
20 1. That the above recitations are true and correct.
21 2. That the bid submitted by Vadnais Corporation, in the amount of $4,150,170, for
oo the construction of the Lake Calavera Remedial Improvements, Project No. 3821, is hereby
oo" accepted and the Executive Manager is hereby authorized and directed to execute a contract
24 therefore.
25 3. That the Executive Manager is hereby authorized to approve construction change
26 orders up to $415,830 for Project No. 3821.
27 ///
28 ///
1 4. That the award of this contract is contingent upon Vadnais Corporation, executing
2 the required contract and submitting the required bonds and insurance policies, as described in
3 the contract, within twenty (20) days of adoption of this resolution with the understanding that
4 the Executive Manager may grant reasonable extensions of time.
5. That the proposal by Planning Systems, Inc., in the amount of $205,000 for
professional environmental services is accepted and approved.
7 6. That the President of the Carlsbad Municipal Water District is authorized and
directed to execute the agreement with Planning Systems, Inc., for professional environmentalo
services for the construction of the Lake Calavera Remedial Improvements, Project No. 3821.y
7. That the Finance Director is authorized to appropriate $2,879,635 from the Water
Replacement fund for the Lake Calavera Remedial Improvements, Project No. 3821.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 20th
day of March, 2007, by the following vote:
AYES: Board Members Lewis, Hall, Packard
NOES: None.
ABSENT: Board Member Kulchin.
ATTEST:
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"LORRAINE M. WOOD, Secretary
(SEAL)
•
AGREEMENT FOR
PROFESSIONAL ENVIRONMENTAL SERVICES FOR
PROJECT NO. 3821
(PLANNING SYSTEMS, INC.)
THIS AGREEMENT is made and entered into as of the o^ _ day of
20<21, by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Apt of 1911, and a
Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and PLANNING
SYSTEMS, INC., a corporation, ("Contractor").
RECITALS
A. CMWD requires the professional services of an environmental services
contractor that is experienced in wetland revegetation, construction plans, and
construction support services.
B. Contractor has the necessary experience in providing professional
services and advice related to environmental services related to Lake Calavera
Remedial Improvements, Project No. 3821.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to CMWD and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD 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 three (3) years from the date
first above written. The Executive Manager may amend the Agreement to extend it for
three (3) additional one (1) year periods or parts thereof in an amount not-to-exceed
twenty thousand dollars ($20,000) per Agreement year. Extensions will be based upon
a satisfactory review of Contractor's performance, CMWD needs, and appropriation of
funds by the CMWD Board of Directors. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
General Counsel Approved Version #1 1.28.06
1
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 one hundred forty five thousand dollars ($145,000). No other compensation for
the Services will be allowed except for items covered by subsequent amendments to
this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention
until CMWD 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
CMWD. Contractor will be under control of CMWD only as to the result to be
accomplished, but will consult with CMWD as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CMWD will not make any
federal or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. CMWD 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 CMWD and the City of Carlsbad within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which CMWD may be
required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD's election, CMWD 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 CMWD. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to CMWD 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 CMWD. 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 CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
General Counsel Approved Version #11.28.06
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 by any negligence, recklessness, or willful misconduct 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.
10. 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 the General Counsel or Executive 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. CMWD, 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 CMWD). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
General Counsel Approved Version #11.28.06
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 CMWD'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 CMWD and the City of Carlsbad 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then CMWD 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 CMWD to obtain or maintain insurance and CMWD 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. CMWD reserves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
General Counsel Approved Version #11.28.06
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 CMWD 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 CMWD. 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 CMWD.
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
CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD: For Contractor:
Name
Title
Carlsbad
Address
William Plummer
District Engineer
Municipal Water District
1 635 Faraday Avenue
Carlsbad, CA 92008
Phone No. (760) 602-2768
Name
Title
Address
Phone No.
E-mail
Paul Klukas
Director of Planning
1530 Faraday Ave., Suite 100
Carlsbad, CA 92008
(760)931-0780
pklukas@nctimes.net
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
CMWD will evaluate Contractor's duties pursuant to this Agreement to determine
whether disclosure under the Political Reform Act and CMWD'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 Secretary of the Board those schedules specified by CMWD and contained in the
Statement of Economic Interests Form 700.
General Counsel Approved Version #11.28.06
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 CMWD 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 CMWD 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 (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive
Manager. The Executive 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 Executive 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.
General Counsel Approved Version #11.28.06
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
CMWD may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If CMWD decides to abandon or indefinitely postpone
the work or services contemplated by this Agreement, CMWD 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 CMWD and
all work in progress to CMWD address contained in this Agreement. CMWD will make
a determination of fact based upon the work product delivered to CMWD and of the
percentage of work that Contractor has performed which is usable and of worth to
CMWD in having the Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to CMWD. 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. CMWD 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, CMWD 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
CMWD 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 CMWD, 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 CMWD seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this
Agreement.
General Counsel Approved Version #11.28.06
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 CMWD
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 CMWD, 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.
General Counsel Approved Version #1 1.28.06
8
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
PLANNING SYSTEMS, INC.,
a corporatior
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency
organized under the Municipal Water
Act of 1911, and a Subsidiary District
of tha^itvlbf Carlsbad
B
(print name/title)
re
designee
ATTEST:
€utfve Manager or
(sign here)
J.
(print name/title)i
TOR&AINE M. WOOD
Secretary
(e-mail address)
If required by CMWD, proper notarial acknowledgment of execution by contracfb$,musf vX\°
be attached. If a Corporation. Agreement must be signed by one corporate officer'lVcW1^
each of the following two groups.
'Group A.
Chairman,
President, or
Vice-President
"Group B.
Secretary,
Assistant Secretary,
CFOor
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, General Counsel
Deputy Generav Counsel
General Counsel Approved Version #11.28.06
EXHIBIT "A"
SCOPE OF SERVICES
Itemized List of what Contractor will do for CMWD and at what price.
General Counsel Approved Version #04/02/02
10
PLANNING
SYSTEMS
LAND USE/COASTAL PLANNING
LANDSCAPE ARCHITECTURE • LA3900
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
"A"
December 3, 2006
Christopher M. Muehlbacher
Associate Engineer
CITY OF CARLSBAD
Engineering Department
1635 Faraday Ave.
Carlsbad, CA 92008
RE: CALAVERA DAM REMEDIAL IMPROVEMENTS
PROPOSAL TO PROVIDE PLANS AND ENVIRONMENTAL MONITORING SERVICES
- COMPLIANCE WITH ENVIRONMENTAL PERMIT CONDITIONS
Dear Mr. Muehlbacher:
Planning Systems is pleased to submit a proposal to provide environmental permitting services
to the Carlsbad Municipal Water District (CMWD) for preparation of landscape plans, provision
of biological and noise monitoring services, construction monitoring, revegetation and mitigation
plans, reports and monitoring, and permit and planning satisfaction activities.
Tasks and costs associated with this proposal are provided as follows:
SCOPE OF WORK
1. Preliminary Work
A. Coordination and monitoring of survey staking, fencing and clearing of
construction area
B. Staking and coordination to finalize mitigation plot locations
2. Wetland Revegetation Construction Plans
A. Preparation and approval of Landscape Plan (USAGE #2, #3, #4), including;
1. Irrigation Plans, Planting Plans, Specifications, Details
2. Address Plancheck comments
3. As-Built plans
4. Meetings and coordination
B. Submit plant palette to CDFG for approval (CDFG #6)
C. Construction management to direct landscape installation
D. Post-installation 120-day establishment management and site visits
E. Construction management to direct grading (Grading and engineering plans will
be prepared by others)
1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • info@planningsystems.net
Christopher M. Muehlbacher
December 3,2006
Page 2
Dam Construction - Monitoring, Coordination and Biological Surveys
A. Construction monitoring - One year (CDFG #17)
B. Pond turtle, CAGN, and nesting birds surveys (CDFG #10, #16, USAGE #22)
C. Biological monitor of construction and noise (USAGE #22, CDFG #17)
D. Flag perimeter of work (USAGE #10, CDFG #19)
E. Pre-Construction Education (RWQCB #4, USAGE #12)
Wetland Revegetation - Biological Maintenance, Monitoring and Reporting
A. Five years of monitoring and management of Revegetation (USAGE #20)
B. Site Preparation and planting report (CDFG #13)
C. Corps verification of site grading (USAGE #3)
D. Provide report on installation completion (USAGE #19)
E. Annual reports on status of Wetland Revegetation - 5 years (USAGE #2, CDFG
#14, RWQCB #21)
F. Prepare "As-built" report for Revegetation area (RWQCB #17)
Plannine Coordination and Documents
COST
A. Provide written notification to USAGE, USFWS, and RWQCB prior to initiating
work (USAGE #11)
B. Draft conservation easement for review and approval (USAGE #8, RWQCB #16)
C. Record conservation easement (USAGE #8)
D. Provide copy of all permits to contractors (CDFG #2, RWQCB #3)
E. Notify CDFG of initiation of construction (CDFG #3)
F. Process performance bond (USAGE #9)
G. Create contractor education program (USAGE #12, RWQCB #4)
H. As-Needed services requested by client
Task (from
above)
1.
2.
3.
4.
5.
TOTAL
Description
Preliminary Work
Wetland Revegetation Construction Plans
Dam Construction - Monitoring, Coordination and
Biological Surveys
Wetland Revegetation - Biological Maintenance,
Monitoring and Reporting
Planning Coordination and Documents
PS Cost
(Not to Exceed)
$6,000
$19,000
$45,000
$55,000
$20,000
$145,000
PLANNING V
SYSTEMS 1H"i
Christopher M. Muehlbacher
December 3, 2006
Page 3
Planning Systems anticipated that the costs associated with this effort will not exceed $145,000.
Billing will occur only for hours spent in the above effort. Any additional costs beyond the
amount estimated above will require additional authorization prior to completion of the services.
It is understood that time is of the essence in this effort. Planning Systems will begin the work
immediately upon authorization.
If the provisions of this proposal are acceptable, please mail us the necessary agreement contract
documentation for execution.
PaulJ.Klukas
Director of Planning
Attachment - Fee Schedule
PLANNING SYSTEMS
Fee Schedule
(Effective May 1,2005)
PRINCIPAL: $150.00/hr
LAND PLANNERS/SCHOOL FACILITY PLANNERS:
Director of Planning .... $135.00/hr
Land/School Planner .... $ 95.00/hr
Land/Environmental Planner ... $ 75.00/hr
Planner $ 75.00/hr
Planning Technician .... $ 50.00/hr
LANDSCAPE ARCHITECT/HABITAT RESTORATION SPECIALIST:
Senior Restoration Ecologist . . . $110.00/hr
Senior Landscape Architect . . . $110.00/hr
Project Manager $100.00/hr
Landscape Designer/Habitat Restoration Specialist $ 90.00/hr
Biologist/Construction Monitor II. . . $ 90.00/hr
Construction Monitor I .... $ 75.00/hr
Field Tech I $ 60.00/hr
OTHER:
Expert Witness/Deposition/Related Attorney Consult $3 50.00/hr
Expert Witness Research .... $250.00/hr
Graphic/CAD Operator .... $ 65.00/hr
Researcher/Report Editing .... $ 50.00/hr
Word Processing $ 45.00/hr
REIMBURSABLE EXPENSES/BILLING POLICY:
Supplies and other direct costs such as printing, reproduction,
graphic aids, travel (air fare & meals), photography, postage, fax
& delivery will be billed at cost plus, 15%.
Invoices will be issued on a monthly basis unless otherwise
agreed. Accounts are due and payable within 30 days of the date
of invoice. Past due accounts will have a finance charge of 1.25%
compounded.
Any revisions to the fee schedule will be provided to you in
advance of their institution. Revision will not affect fixed-fee, or
not-to-exceed contract amount, unless Client temporarily
suspends project for more than 90 days.
March 20, 2007
TO:
From:
construction
ASSISTANT CITY MANAGER
Communications Manager
is a Frequently Asked Questions handout for _„,„, „,,„ pllDllc use .
Dam Improvement Project and surrounding open spaee accTs during
, Park
DWIE
CITY OF CARLSBAD
CITY CLERK'S OFFICE
Calavera Dam Improvements
Frequently Asked Questions
• The Calavera Dam project will provide flood protection to those downstream
and bring the dam into compliance with state regulations.
• The construction plan avoids drainage of Calaveras Lake and minimizes
impact to the surrounding environment.
• Construction is expected to start this summer and will last about 10 months.
Foot traffic over the dam is not possible during this period.
What work is being done?
Improvements to the Calavera Reservoir include the construction of a
sophisticated drain and pump system to appropriately control the reservoir's
water level during heavy rain years. The upper 26 feet of the concrete tower will
be reduced to below normal water levels and the current, non-functioning valves
will be replaced with modern fixtures and piping.
Why does it need to be done?
The existing valves, which have not worked for years, create a situation
during heavy rains where water could overflow the dam and cause downstream
flooding. This project will result in a new system that controls water flow out of
the dam during high water periods, provides flood protection, and complies with
state requirements for dam safety.
How long will construction take?
Construction will begin in the summer of 2007 and continue for about nine
months. Truck traffic will be minimal, and designated truck routes have been
chosen to minimize neighborhood impacts.
Construction hours are 7 a.m. to 4 p.m. from Monday to Friday.
Will the trails be closed during construction?
The contractor will close off a portion of the trails to be able to conduct
the work safely. Access across the top of the dam and access near the spillway
and the west end of the lake will be closed during construction.
While the Lake Calavera area is currently a popular place to hike and bike, the
trails are not "officially" part of the city's trail system and will not be improved by
Page 2 of 2 - Calavera Dam Improvements
City Trail volunteers or City crews until the Trails Master Plan has appropriate
environmental approvals and permits in place. For these reasons the City
currently does not encourage active use of these trails and would further
discourage hiking and biking in the vicinity close to the west end of the lake
during construction operations for the dam valve repairs.
Aren't the trails scheduled to be part of the City's Trail system at some
point in the future?
Currently the City of Carlsbad is developing the Lake Calavera Trails
Master Plan, which will upgrade and provide an official 6 mile trail system on the
City owned property around Lake Calavera. The trails are part of the Citywide
Trail Master plan and will serve to provide access to the City owned mitigation
site and preserve. Most trails will remain unpaved and will vary from 2' wide
single track to 12' wide shared use with utility easement/access roads that criss-
cross the site. It is anticipated that a decision on the Environmental Review will
be completed in summer of 2007 and shortly thereafter, improvements will begin
by trail volunteers.
The dam project will include a restoration and improvement so that hikers will
once again be about to cross the top of the dam after repairs are completed.
Will the dam be closed to fishing?
The reservoir has not been a fishing spot for many years.
Will police help to keep people out of the area?
The Carlsbad police respond to all calls for service, but do not anticipate
any increased criminal activity as part of the construction project.
How is the City letting people know about the project?
The City mailed a newsletter to Carlsbad residents that live in the Calavera Hills
and Rancho Carlsbad communities to make them aware of the project and its
impacts. Three more newsletters, signage, press releases and information on
the City Web site and in the Community Services Guide should help people feel
informed about the status of the project.
For more information, contact:
David Alhes, Carlsbad Senior Civil Engineer, 760-602-2748
***
LAKE CALAVERALAKE CALAVERAREMEDIAL IMPROVEMENTSREMEDIAL IMPROVEMENTS
Location MapLocation MapSITE
History of Lake CalaveraHistory of Lake CalaverazCONSTRUCTED - 1942 zPURPOSE - Store well water & surface water for Carlsbad’s Drinking water supply.zORIGINAL NAME - Fraser Lake, for Water District Superintendent Sam Fraser.zOUTLET DESIGN - Three valve system outlets water at different levels.
Construction of Lake CalaveraConstruction of Lake Calavera
Construction of Lake CalaveraConstruction of Lake Calavera
Construction of Lake CalaveraConstruction of Lake Calavera
Construction of Lake CalaveraConstruction of Lake Calavera
Current ViewCurrent View
Use History of Lake CalaveraUse History of Lake Calaveraz1956 - Colorado River Water brought to Carlsbad, reducing need for drinking water storage at lake.z1960’s – Removed water treatment plant, Primary function shifted to flood control.z1970’s – Eliminated bridge to valve controls requiring access by small boat.Public Access Restricted for security & safetyz1990’s – Potential Future Uses Investigated 1. Emergency Drinking Water 2. Recycled Water Supply.
OPERATIONAL PROBLEMSOPERATIONAL PROBLEMSz1996 - Control valves began failing.z1998 - No control of lake level (drainage provided by one open valve at 208 foot elevation or spillway.zLake levels – Fluctuate due to evaporation, precipitation, and runoff
Operational Impact Operational Impact --20052005
Project PurposeProject PurposeComply With California Division of Safety of Dams–Requires all reservoirs to be able to release half of their impoundment within seven days–Requires outlet system to be functional–Requires spillways to have erosion protection–Requires backup operation of valves–Outlet Piping to be free from defects–Valves must be protected from debrisComply With Operations–Increase safety and security with valve automation and secured controls–Eliminate attractive nuisance of tower–Provide drivable access to dam & controls
Proposed ImprovementsProposed ImprovementszNew automated outlet valve system placed on lakeside face of the dam.zSpillway apron and channel improvements.
Proposed ImprovementsProposed ImprovementszNew slip-line of existing outlet pipe under the dam.zDemolition and removal of upper portion of existing tower.zNew control building for remote radio control of outlet valves, with associated security fencing and lighting.zImprovement of existing access road.
Proposed ImprovementsProposed ImprovementsSPILLWAYPROTECTIONNEW I/O PIPE & VAVESNEW CONTROL BUILDG.NEW ACCESS ROAD FROM TAMARACK
Environmental ReviewEnvironmental ReviewzMitigated Negative Declaration zConditional Use Permit (CUP 04-11)zHabitat Management Plan Permit (NMPP 05-03)zCalifornia Regional Water Quality Control Board 401 Water Quality CertificationzCal. Dept. of Fish & Game Agreement.zDept. of the Army Nationwide Permit zCal. Dept. of Water Resources Division of Safety of Dams Permit.
MITIGATIONMITIGATIONImpactMitigationO.69 acres of coastal sage scrub (CSS).Create 1.4 acres of CSSMaintain lake water level Construction will use coffer dam & diversWetlands impact Create 0.06 acres of wetland along north shoreMaintain environment 3-Year Monitoring and Management Program
Lake Calvera Project CostLake Calvera Project CostFinal Design$ 816,000Temp. Pumping Program$ 88,000Environmental$ 335,000Total$ 6,097,000Current Appropriation$ 3,218,000Construction$ 4,858,000Additional Appropriation Required$ 2,880,000
Project ScheduleProject SchedulezContract Award – March 20, 2007zNotice to Proceed – June 2007zComplete Construction – July 2008zEnvironmental Monitoring and Maintenance Work – 3 Years
Concludes PresentationConcludes Presentation