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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. /&> wfrf Mfe-~^£ 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 CONTINUED WITHDRAWN AMENDED «/ D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 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 CITYOF OCEANSIDE NOT TO SCALE cm or OCEANSWE PROJECT PROJECT NAME CALAVERA DAM - IMPROVEMENTS N Br: scoff LVANS. CARLSBAD LNGINEEKING DtPf. 7/29/02 H:\CAPIfAL IMPROVEMENT PRtKMAM\382i LAKE CALAKRA IUPROVEUENT5\PLANS&EXHIBITS\PLANS\CALAVERA DAU.DWtf 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 11 approved the plans and specifications and authorized the advertisement for bids for the 12 construction of the Lake Calavera Remedial Improvements, Project No. 3821; and 13 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. 12 13 14 15 16 17 18 19 '" 20 21 "' 22 '" 23 24 '" 25 '" 26 '" 27 '" 28 "' 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 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: rt/vx JLi "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