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HomeMy WebLinkAbout2018-09-11; City Council; ; Agreement with WLC Architects, Inc. to provide architectural and engineering design services for the Fire Station No. 4 AdditionOn May 22, 2018, staff posted a Request for Proposals (RFP) on the city's website for the solicitation of architectural and engineering design services for the Project. On June 20, 2018, five consultant proposals were received and copies were distributed to a selection committee comprised of staff from the Fire and Public Works Departments. Responses to the RFP were evaluated pursuant to Carlsbad Municipal Code section 3.28.060(A), and each committee member was required to sign a confidentiality agreement to ensure the fairness of the procurement process. Proposals were evaluated based on (1) adherence to RFP content and submission requirements, (2) depth of firm qualifications and experience, (3) depth of Project team qualifications and related experience, (4) Project team staffing approach and work plan, (5) client references, and (6) experience working for Southern California municipalities. On June 26, 2018, the staff selection committee met to share their independent analyses of the proposals. These evaluations were then tabulated and ranked. The top two proposing firms were invited to an interview on July 19, 2018. Representatives from the Fire and Public Works Departments participated in the interviews and collectively selected one of the two firms. Staff recommends the award of an Agreement for architectural and engineering design services to WLC for an amount not to exceed $225,920. The services to be provided for this fee have been divided into three service tasks. The first service task will include an evaluation of the building design conditions and site constraints, schematic design services, environmental and civil engineering studies to prepare a new Conditional Use Permit Amendment and Coastal Development Permit application, and a preliminary cost estimate for construction. The second service task will include design development and plan check submission for review and permitting approval. The third service task will include construction administration services and Project close out assistance. These service tasks are detailed further in Exhibit A, which is appended to Attachment A, as part of Exhibit 1. Fiscal Analysis The Agreement with WLC is for an amount not to exceed $225,920, inclusive of service tasks 1, 2 and 3. Infrastructure Replacement funds has been appropriated for the Project as shown in the table below: FIRE STATION NO. 4 ADDITION, PROJECT NO. 4740 Current Appropriation -Infrastructure Replacement Fund $810,000 Current Expenditures/Encumbrances -Infrastructure Replacement Fund $0 TOTAL AVAILABLE FIRE STATION NO. 4 ADDITION, PROJECT NO. 4740 $810,000 Agreement for Design Services -WLC Architects, Inc. $225,920 REMAINING BALANCE $584,080 ADDITIONAL APPROPRIATION NEEDED $0 Next Steps City staff will direct WLC to begin the work of the first service task, which includes evaluating existing building conditions and site constraints, developing a schematic design for Fire Station No. 4, conducting environmental and civil engineering studies for a CUP, and developing a September 11, 2018 Item #4 Page 2 of 42 preliminary cost estimate for the proposed construction work. Once this service task work is complete and estimated costs are known, staff will return to City Council to request additional funds if the estimated costs are greater than the remaining balance in the project fund. Environmental Evaluation (CEQA} Authorizing execution of the Agreement with WLC for architectural and engineering design services is statutorily exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15262 (feasibility and planning studies). Furthermore, as the Project design is finalized, the Project will be subject to environmental review per CEQA Guidelines. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution. 2. Location Map. 3. Conditional Use Permit 268 for Fire Station No. 4. September 11, 2018 Item #4 Page 3 of 42 RESOLUTION NO. 2018-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH WLC ARCHITECTS, INC. TO PROVIDE ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE FIRE STATION NO. 4 ADDITION, PROJECT NO. 4740, FOR AN AMOUNT NOT TO EXCEED $225,920. EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California has determined that staff requires the assistance of an architectural and engineering design firm to evaluate design options and site constraints, prepare a Conditional Use Permit and cost estimates and provide construction administration services for the Fire Station No. 4 Addition, Project No. 4740 (Project); and WHEREAS, the Public Works Department has solicited a Request for Proposals (RFP) for architectural and engineering design services for the Project; and WHEREAS, staff has received a total of five responses to the RFP and has conducted a qualifications-based evaluation of the five proposals received under Carlsbad Municipal Code section 3.28.0G0(A); and WHEREAS, staff has identified WLC Architects, Inc. (WLC) as the most qualified firm for the Project; and WHEREAS, staff and WLC have negotiated the scope of work and associated fee for an amount not to exceed $225,920 to provide architectural and engineering design services for the Project; and WHEREAS, the City Council has determined that sufficient funds are currently available for this request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the mayor is authorized and directed to execute the Agreement with WLC to provide architectural and engineering design services for the Fire Station No. 4 Addition, Project No. 4740, in the amount not to exceed $225,920, which is attached hereto as Attachment A. September 11, 2018 Item #4 Page 4 of 42 EXHIBIT 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of September, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. (SEAL) September 11, 2018 Item #4 Page 5 of 42 PSA 19-509TRAN AGREEMENT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR FIRE STATION NO. 4 ADDITION WLC ARCHITECTS, INC. GREEMENT is made and entered into as of the \ l\.;tY\.,-day of --~....,._.,w.L--"'--"'-.L.:....11...F:....,::_--, 2018, by and between the CITY OF CARLSBAD, a municipal "City"), and WLC ARCHITECTS, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in architectural and engineering design services. B. Contractor has the necessary experience in providing professional services and advice related to architectural and engineering design services for expanding a fire station. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of eighteen (18) months from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional six (6) months periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred and twenty-five thousand, nine hundred and twenty dollars ($225,920). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed fifty thousand dollars ($50,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 September 11, 2018 Item #4 Page 6 of 42 PSA 19-509TRAN 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused 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-:VII"; OR with a surplus City Attorney Approved Version 6/12/18 2 September 11, 2018 Item #4 Page 7 of 42 PSA 19-509TRAN line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1 .2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 6/12/18 3 September 11, 2018 Item #4 Page 8 of 42 PSA 19-509TRAN maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, 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. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Steven Stewart Title Municipal Projects Manager Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-602-7543 For Contractor Name Kelley Needham Title Principal Address 8163 Rochester Ave, Ste 100 Rancho Cucamonga, CA 91730- 0729 Phone No. 909-987-0909 Email kelley@wlcarchitects.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 September 11, 2018 Item #4 Page 9 of 42 PSA 19-509TRAN 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes IZ! No D 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 whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would b~ 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 City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 September 11, 2018 Item #4 Page 10 of 42 PSA 19-509TRAN under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 September 11, 2018 Item #4 Page 11 of 42 PSA 19-509TRAN 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 WLC ARCHITECTS, INC., a car corporation .:?r~~7"-.. ere) ~,\~~~ (print name/title)/ CITY OF CARLSBAD, a municipal corporation of the State of California By~ 111/L ~Hai.Mayor If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney I~ BY: -~~~::::::=::=:=~~~- Deputy City Attorney City Attorney Approved Version 6/12/18 7 September 11, 2018 Item #4 Page 12 of 42 PSA 19-509TRAN EXHIBIT "A" SCOPE OF SERVICES Architectural and Engineering Services for Fire Station No. 4 Addition service Task 1; Pceconstryctjon Seryjces Task 1.1 As-built Conditions Evaluation Review structural evaluation, as-built documentation and existing drawings and physically inspect the condition of the building, to understand the current condition of the structure, roof, HVAC, lighting and electrical power capacity and load. The renovation design must take into consideration the fact that the building must comply with the California Essential Services Building Seismic Safety Act. Task 1.2 Schedule Develop a project schedule for review with the city's Municipal Project Manager. Project schedule should have city planning, permitting, preconstruction and construction milestones. Interruptions to firefighting procedures and relocation, as needed, should be taken into consideration. Task 1.3 Preliminary Construction Cost Estimate Develop an estimate of probable construction cost and identify any recommended refinements or modifications that can be incorporated into the final bid documents to ensure that the projects can be constructed within the established budget. Task 1.4 Conditional Use Permit Conduct civil and environmental engineering studies and reports as necessary per city guidelines and complete a Conditional Use Permit for the project with a schematic level design. Task 1.5 Schematic Design Develop a schematic level design process that is based on the building structural evaluation in Task 1.1 above, site inspection work and user group input. Schematic drawings shall be submitted to the City for review at periodic stages of completion and incorporate the use of the city's title block standard. The drawings shall be submitted electronically in PDF format for review by the city's project team. Service Task 2: Design Development Task 2.1 Construction Documents Upon city approval of schematic design drawings, develop the design and construction documents inclusive of technical specifications. Construction drawings shall be submitted to the City for review at 75%, 90%, and 100% completion levels using the city's title block standard. The drawings shall be submitted electronically in PDF format for review by the city's project team at each completion level and when final version is approved, Consultant shall make appointment with city for design review and 3rd party plan check per directions on city website. During design review, Consultant shall incorporate additional edits required. Once design City Attorney Approved Version 6/12/18 8 September 11, 2018 Item #4 Page 13 of 42 PSA 19-509TRAN drawings are approved by city and 3rd party plan check, an electronic submittal of the 100% drawings in .pdf format shall be made. The City will develop and submit the "front end" (e.g., Invitation to Bid, General Provisions) of the bid document package to the Consultant for review and comment. Technical specification sections in Master Specification format shall be prepared by Consultant and submitted with 90% and 100% drawing submittals. All specification submittals shall be made electronically in Microsoft Word format, the most current version held by the City. Task 2.2 Furnishings, Fixtures & Equipment (FF&E) The Consultant shall identify FF&E for the facility, including any items recommended to be procured outside of the construction contract. FF&E materials shall be identified in the technical specifications. Task 2.3 Construction Cost Estimate Refine the preliminary cost estimate developed in Task 1.3 as design is developed. Recommended refinements or modifications that can be incorporated into the final design documents to ensure that the project can be constructed within the established budget. Provide this cost estimate with the 75% and 90% construction drawing submission. Task 2.4 Bidding Phase Provide pre-construction management and administration support services during the project bidding phase, which includes, but is not limited to, pre-bid meeting attendance with city's Municipal Project Manager, answering questions from bidders as necessary and preparing responses for addendums, and evaluation of contractor bids. Service Task 3: Construction Administration and Project Closeout Task 3.1 Contract Administration The Consultant shall be responsible for timely review and return of submittals, shop drawing and Request(s) for Information (RFI}, and periodic site visits during to the course of the work to note progress of the work. Task 3.2 Contractor's Claims and Change Orders Assist the City's Municipal Projects Manager with negotiating all claims to an agreed contractor/consultant/city conclusion. Prepare written justification and cost estimates for each change that requires design modifications or clarifications, including revisions to the drawings, details and specifications. Provide support to the city in resolving claims and disputes. This shall include: written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. Task 3.3 Project Closeout Prepare a detailed project punch list when the construction work has been substantially completed . Upon correction of deficiencies, schedule, coordinate and conduct a final walk- through prior to the acceptance of work with the city. Review and certify that the contractor's project record drawings are complete and accurate. City Attorney Approved Version 6/12/18 9 September 11, 2018 Item #4 Page 14 of 42 PSA 19-509TRAN SCHEDULE OF SERVICES AND FEES Service Task 1 -Preconstruction and CUP $60,220 Service Task 2 -Desian Development $115,200 Service Task 3 -Construction Administration and Project Closeout $48,000 SUBTOTAL $223,420 Reimbursable Allowance $2,500 TOTAL NOT-TO-EXCEED FEE FOR SERVICES $225,920 City Attorney Approved Version 6/12/18 10 September 11, 2018 Item #4 Page 15 of 42 EXHIBIT A PSA19-509TRAN Scope of Services A. BASIC ARCHITECTURAL SERVICES The following is a list of the basic activities and services anticipated for your new project. The scope has been divided into the five phases typically associated with architectural services: 1. Schematic Design Phase The first and perhaps most important task during the Schematic Design Phase will be to establish and determine the best approach to the design of the primary systems in the project. The architectural program shall be developed. Alternative configurations shall be quickly explored in order to evaluate the best opportunities. A design concept shall be formulated in order to provide a sound basis for subsequent planning and design decisions to occur. The design concept shall be utilized to evaluate advantages and disadvantages of each potential alternative. Site and programmatic factors, aesthetic quality, cost, and other key factors related to the project shall be utilized in order to form the basis of an evaluation. Through a variety of informal meetings with the project committee, a schematic design concept shall be established. During the Schematic Design Phase for your project, the following tasks and deliverables been identified: A. Existing Conditions The condition of the existing facility will be evaluated by the design team. B. Master Site Plan A master site plan shall be prepared in order to describe all major site components and to illustrate the overall site planning concept for the project. All structures, parking areas, and circulation components shall be identified. Areas of future expansion and/or future phasing shall also be defined. C. Preliminary Floor Plan A preliminary floor plan shall be prepared. D. Exterior Elevations Exterior elevations shall be prepared to illustrate all major reviews of the project. Elevations shall be drawn to depict scale, character, architectural vocabulary, and shall be delineated to communicate the aesthetic qualities of the project. E. Schematic Design Opinion of Cost A preliminary opinion of construction costs shall be prepared and included with the summary report. F. Project Schedule A comprehensive project schedule shall be prepared. The project schedule shall include anticipated time frames for each phase of the project as well as any other milestones required by the City and Fire Department. Carlsbad Fire Station 4 Page 2 12 September 11, 2018 Item #4 Page 17 of 42 EXHIBIT A PSA 19-509TRAN 2. Design Development Phase After completion of the Schematic Design Phase, the design of the project shall be advancedinto more detailed refinement by initiating the Design Development Phase. Our Design Teamshall prepare design development documents consisting of drawings, outline specifications, design calculations, material/equipment submittals, fixture cuts, and a design development opinion of estimated construction cost. Architectural, structural, electrical, and mechanical systems shall be further detailed and analyzed. Preliminary drawings shall be prepared for each of these systems and options which may exist shall be evaluated. During the Design Development Phase, requirements for cabinets, casework, hardware, and related specialties shall be determined. A preliminary furniture plan shall be prepared indicating usage and furniture layout of every work station, office, and support space. Final selection of materials, textures, and colors shall occur. The Design Development Phase is essentially the time when preliminary design proposals are refined to a level of detail and developed to a state such that final construction documents can be initiated. The Design Development Phase is the time when all final decisions pertaining to the proposed project are evaluated and finalized. During the Design Development Phase, the following tasks and deliverables have been identified: A. Design Development Plans Design development drawings shall be prepared in order to fix and describe the size and character of the entire project including architectural, structural, mechanical, and electrical design features. A list of furniture, fixtures, and equipment will be developed and coordinated with the bid documents. B. Outline Specifications Outline specifications shall be prepared in order to identify and define the materials and system components selected for the project. Outline specifications shall be prepared in summary outline form based on CSI format. C. Basis of Design A technical manual shall be assembled to organize product literature and data for all materials, equipment, and fixtures selected for the project. D. Building Code Analysis Drawings, diagrams, and calculations shall be prepared based upon all applicable building codes having jurisdiction over the project. A preliminary occupancy and exiting plan shall be prepared to identify the type of construction, type of occupancy, required fire rating/separation, and location/number of exits required. E. Design Development Opinion of Cost An opinion of construction cost shall be prepared to reflect the scope and anticipated construction costs as reflected by the design development documents. F. Project Schedule An updated project schedule shall be prepared and submitted. Carlsbad Fire Station 4 13 Page 3 September 11, 2018 Item #4 Page 18 of 42 EXHIBIT A PSA 19-509TRAN 3. Construction Document Phase The final Construction Document Phase of the project generally consists of the preparation of the construction documents to include final drawings, specifications, calculations, and final cost estimates. Our proposal includes complete and comprehensive architectural and engineering services required to execute the entire project. Specifically, we have included the following disciplines: • Architectural • Civil Engineering • Structural Engineering • Mechanical Engineering • Electrical Engineering During this phase, the Contract Documents are prepared setting forth in detail the requirements for the construction of the project. General conditions, instructions to bidders, and all special requirements are defined, and when combined with the various trade specifications, a complete project manual is produced. During the Construction Document Phase final cost studies shall be prepared. A detailed opinion of construction cost shall be prepared at the point where final plans and specifications are approximately 50% complete. Once construction documents have almost been completed, a revised opinion of cost shall be prepared at the level of approximately 90% completion. Allowable construction costs will be consistently monitored during the entire process in order to minimize the possibility of requiring major refinement or modification due to budgetary limits. The following tasks are specifically proposed for the project: A. Construction Drawings Final construction drawings shall be prepared in order to describe and identify the spaces, sizes, volume, and location in detail for the construction of the project. B. Project Manual A project manual shall be prepared to include all instructions to bidders, bidding forms, general conditions, supplementary special conditions, and the construction trade sections for the project. The project manual provides detailed technical information pertaining to the administration of the contract for construction, materials and equipment to be furnished, acceptable manufacturers, and the requirements for executing the work. C. Final Design Calculations Final design calculations shall be prepared and submitted with the final plans and specifications for review and approval by governing agencies having jurisdiction over the project. Structural calculations, hydrology/drainage calculations, and mechanical/electrical (Title 24 Energy Compliance) shall be completed during this phase. Carlsbad Fire Station 4 Page 4 14 September 11, 2018 Item #4 Page 19 of 42 EXHIBIT A PSA 19-509TRAN D. Opinion of Cost A detailed opinion of construction costs shall be prepared at the point where plans and specifications are approximately 50% complete. A second cost opinion shall be prepared at the 90% completion point in order to address any refinement or modification occurring during the preparation of the construction documents. The cost opinion shall be prepared utilizing specific area and quantity take-offs applied to labor and material cost, and shall include allowance for general conditions, Contractor's profit and overhead, and contingencies. E. Final Plan Check All final plans, specifications, and supporting calculations shall be submitted to appropriate agencies having jurisdiction over the project. The final construction documents shall be revised and amended in order to reflect any plan check requirements, and at this time, construction documents will be ready for competitive bidding. 4. Bidding Phase During the Bidding Phase, the Architect shall provide administrative support services to assist the City in obtaining competitive bids for the proposed project. Notices Inviting Bids shall be distributed to local construction plan rooms. The Architect shall respond to any questions, clarifications, or conflicts which may arise in the form of written addenda to the contract documents. At this time, requests for substitutions may be considered if allowed by the contract documents. The Architect shall assist the City with an evaluation of the bids received and make a recommendation for award of the contract for construction. The following services for the Bidding Phase of the project are proposed: A. Bidding Procedures and Administration The Architect shall assist the City with the Bidding Phase of the project. Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda prepared by the Architect. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents. B. Evaluation of Bid Proposals Upon receipt of all bid proposals, a review and evaluation shall be conducted by the Architect. The completeness of each bid proposal shall be evaluated whenever consideration exists to award to the proposing contracting entity. The completeness of the bid proposal, proposed subcontractors, affidavit of signature and other special bid proposal requirements shall be reviewed by both the City and the Architect. C. Notice to Award Construction Contract Upon the completed review of appropriate bid proposals, the Architect shall provide a recommendation for consideration regarding the potential award of the contract for construction. Carlsbad Fire Station 4 Page 5 15 September 11, 2018 Item #4 Page 20 of 42 EXHIBIT A PSA 19-509TRAN 5. Construction Administration Phase The Architect shall conduct job site meetings at two week intervals in order to generally review and evaluate the construction schedule, monitor weekly performance, review quality control standards, and provide assistance for any clarification or revision to the contract for construction. Shop drawings and related submittals shall be reviewed and returned to the Architect for appropriate action. The Contractor's requests for information, proposal requests, and related communications shall be attended to on a regular basis. Contractor's pay requests shall be reviewed by the Architect on a monthly basis in accordance with the amount of work completed and in accordance with the contract documents. At every job site meeting, minutes shall be prepared, published and distributed by the Architect to all parties concerned, specifically noting current action items and related responsibilities. Upon completion of the Construction Phase the Architect shall organize and conduct a final walk-through and review. A final punch list for all required corrections and remaining work shall be prepared. During the Construction Phase of the project, the following services shall be furnished: A. Preconstruction Conference A preconstruction conference shall be organized and conducted by the Architect to brief all parties concerned with general and special requirements of the contract for construction. Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives from the Fire Department, the Architect, the Contractor, and all major subcontractors. B. Job Site Meetings Job site meetings at two week intervals shall be scheduled and conducted by the Architect for the same day and time through the duration of the project. Scheduling, coordination, requests for information, and changes to the contract for construction are routinely monitored. The Architect shall publish and distribute a field report for each job site meeting, documenting the progress of construction and specifically noting current and delinquent action items. C. Submittal and Shop Drawing Review The Architect shall review all required shop drawings and related submittals as required by the contract documents. D. Project Closeout At the completion of the Construction Phase a final job site meeting and review of the entire facility shall be conducted. A final punch list will be published and distributed by the Architect to all parties concerned, specifically noting required corrections, non-conforming work, and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corrected, at which time a Final Notice of Completion shall be filed by the City. E. Record Documents A set of final record documents will be created from the Contractor's as-built drawings. Carlsbad Fire Station 4 Page 6 16 September 11, 2018 Item #4 Page 21 of 42 EXHIBIT A PSA 19-509TRAN 8. SITE SPECIFIC SERVICES The following items are not typically found in the basic scope of architectural services. Based on the specifics of your site and our experience with projects of this type, we believe the following additional services will also be required: A. Topographical Survey A complete on-site Topographical and Boundary Survey shall be furnished by the Design Team. The size, area, and overall configuration of the site area shall be accurately defined noting all existing conditions, improvements, utilities, and adjacent relationships. B. Geotechnical Investigation A Geotechnical Investigation shall be furnished by the design team. The soils report shall be reviewed in order to determine existing soils conditions, soils characteristics, water table relationship to known seismic faults, and overall soils suitability for the proposed project. Specific recommendations shall be made for soils preparation related to the construction of footings, foundations, slabs, and various pavement sections. C. Hazardous Material Survey A survey of each existing facility will be conducted in order to determine the presence of asbestos, lead, and miscellaneous toxic materials. D. Environmental Engineering/CUP Task 1: Categorical Exemption The exemptions that will likely be applicable to the proposed project is Class 1 (Minor Alteration of Existing Structures) CEQA Guidelines Section 15301, Class 1 consists of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Examples include but are not limited to Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less, or 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. Task 1.1: Draft Categorical Exemption Administrative Draft: Chambers Group will determine the appropriate Categorical Exemption fo the proposed project per Article 19 of the CEQA Guidelines and will prepare the supporting statements and required forms for filing of the Categorical Exemption. Carlsbad Fire Station 4 Page 7 17 September 11, 2018 Item #4 Page 22 of 42 EXHIBIT A PSA 19-509TRAN Prepare an Administrative Draft NOE, including an attachment which details the following: • Project Location • Existing Conditions • Description of Project • Applicability of Exempt Status • Analysis of the Applicability of Exceptions to Exemptions • References Deliverables: One (1) hard copy and one (1) electronic PDF copy of the Administrative Draft Categorical Exemption for City review. Task 1.2: Final Categorical Exemption Prepare/Distribute Categorical Exemption: After receipt of one set of integrated comments on the Administrative Draft Categorical Exemption from the City, Chambers Group will revise the Categorical Exemption accordingly. Chambers Group will file the Categorical Exemption with the State Clearinghouse and the County Clerk. Deliverables: Three (3) hard copies and one electronic PDF copy of the Categorical Exemption will be provided to WLC. Once final, one (l) Categorical Exemption to be filed with the OPR and the County Clerk. Task 2: Coastal Development Permit Waiver Task 2.1 : Draft CDP Waiver Chambers Group will draft a request for a Coastal Development Permit (CDP) De Minimus Waiver that will outline the Applicant, Location, Proposed Development, Background, Project Description, and Rationale for why the proposed development will not adversely impact coastal resources, public access, or public recreation opportunities and is consistent with past Commission actions in the area and the policies in Chapter 3 of the California Coastal Act. Task 2.2: Final CDP Waiver After receipt of one set of integrated comments on the Draft CDP Waiver from the City, Chambers Group will revise the CDP Waiver accordingly. Chambers Group will submit the CDP Waiver to WLC for submittal to the City. Deliverables: Three (3) hard copies and one electronic PDF copy of the CDP Waiver will be provided to WLC. Carlsbad Fire Station 4 Page8 18 September 11, 2018 Item #4 Page 23 of 42 EXHIBIT A PSA 19-509TRAN Fee Breakdown Your contract with WLC will mark a purposeful investment in your facilities. We are here to make sure that you consider that investment to be a good one, with significant returns. WLC is extremely flexible when it comes to the fee structure that best suits each new commission. We want the City and Fire Department to feel that you are getting both a quality architectural product and excellent professional services at a fair market price. In an effort to better define our fee proposal, we have broken it down into the following components: A. Basic Architectural Fee B. Site Specific Fees C. Total Fee D. Fee Structure E. Reimbursables F. Items Excluded G. Hourly Rate Schedule A description of each component is as follows: A. BASIC ARCHITECTURAL FEE Our fee for basic architectural services will be a fixed lump sum and includes the following disciplines: • Civil Engineering • Architectural Design • Structural Engineering • Mechanical Engineering • Electrical Engineering For the purposes of establishing a fee, we have assumed a construction budget of $1 ,600,000.00. The fee will be adjusted to correspond to any increases in the project scope/budget. A breakdown of our proposed fee is as followed: PHASE OF SERVICE Schematic Design Design Development Construction Documents Bidding Construction Administration SUBTOTAL BASIC ARCHITECTURAL FEE Reimbursable Allowance TOTAL BASIC ARCHITECTURAL FEE Carlsbad Fire Station 4 19 FEE $ 28,800.00 19,200.00 96,000.00 9,600.00 38,400.00 $ 192,000.00 2,500.00 $ 194,500.00 Page 9 September 11, 2018 Item #4 Page 24 of 42 EXHIBIT A PSA 19-509TRAN B. SITE SPECIFIC FEES The following items are unique to each site and not typically found in the basic scope of architectural services. Based on our experience and interpretation of the information available, we believe the following services will also be required: TASK Geotechnical Report Hazardous Material Assessment Topographical Survey CUP /Environmental Engineering TOTAL SITE SPECIFIC FEES C. TOTAL FEE The following is the total of all fees: SERVICE Basic Architectural Services Site Specific Services TOTAL FEE D. FEE STRUCTURE The total fee will be structured in phases as follows: PHASE OF SERVICE Task 1 -Preconstruction Services CUP/Environmental Engineering Geotechnical Report Hazardous Material Assessment Topographic Survey Schematic Design Task 2 -Design Development Design Development Construction Documents Task 3 -Bidding and Construction Bidding Construction Administration SUBTOTAL REIMBURSABLE ALLOWANCE TOTAL FEE Carlsbad Fire Station 4 20 $ $ $ s FEE $ 13,000.00 4,000.00 10,000.00 4,420.00 $ 31,420.00 FEE $ 194,500.00 31,420.00 $ 225,920.00 FEE 4,420.00 13,000.00 4,000.00 10,000.00 28,800.00 19,200.00 96,000.00 9,600.00 38,400.00 223,420.00 2,500.00 225,920.00 Page l 0 September 11, 2018 Item #4 Page 25 of 42 EXHIBIT A PSA 19-509TRAN E. REIMBURSABLES Items required or requested by the City, Fire Department, or approving agency will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following: 1. Bulk paper copy. 2. Printing/Mylars. 3. Express or overnight mail/courier service. F. ITEMS EXCLUDED The following is a list of items which are excluded from our scope of services or are not anticipated to be required. However, these services can be included, if requested, or once additional information is known: 1. Items not specifically indicated in our scope of work. 2. Landscape Architecture. 3. Foundation Systems: Our fee assumes typical spread footings in average soil conditions. Any other type of foundation system would not be considered within our scope of work. 4. Any and all documentation related to storm water quality or quantity for the development of this project. This includes, but is not limited to the preparation of the following new or revised reports and related drawings: Drainage Study, Hydrology Study, Water Quality Management Plan (WQMP), Hydromodification Plan, and Storm Water Pollution Prevention Plan. Carlsbad Fire Station 4 Page 11 21 September 11, 2018 Item #4 Page 26 of 42 EXHIBIT A PSA19-509TRAN G. HOURLY RATE SCHEDULE For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will be negotiated at the time additional services are requested. CIVIL ENGINEER Principal Civil Engineer Principal Land Surveyor Project Engineer Project Manager Engineering Design Design Draftsman Draftsman Technical Support ARCHITECT Principals of Firm Associate Principal/Director Associate/Coordinator Senior Project Architect Senior Project Manager Project Architect Project Manager Technical Level I Technical Level II Technical Support STRUCTURAL ENGINEER Principal Engineer Project Engineer Chief Draftsman Draftsman Technical Support Carlsbad Fire Station 4 $150.00 $150.00 $120.00 $105.00 $105.00 $100.00 $ 95.00 $ 80.00 $240.00 $210.00 $210.00 $190.00 $190.00 $160.00 $160.00 $110.00 $110.00 $ 90.00 $175.00 $150.00 $110.00 $ 90.00 $ 75.00 22 ELECTRICAL ENGINEER Principal Project Manager Project Engineer Design Engineer Designer/CA DD Technician Jr. Designer/CA DD Technician CA DD Technical/Drafter Technical Support MECHANICAL ENGINEER Principal Associate Principal Senior Project Manager Project Manager Senior Project Engineer Project Engineer Senior Design Engineer Design Engineer Senior Designer Designer CAD Designer CAD Technician Administrative Word Processor ENVIRONMENTAL Senior Director Director/Program Manager Senior Project Manager Project Manager Project Controls Specialist Project Assistant/Tech. Editor Word Processor Clerical/Technician $175.00 $135.00 $125.00 $ 95.00 $ 90.00 $ 80.00 $ 70.00 $ 50.00 $225.00 $205.00 $195.00 $185.00 $170.00 $150.00 $135.00 $125.00 $115.00 $105.00 $100.00 $ 80.00 $ 75.00 $ 65.00 $210.00 $193.00 $155.00 $131.00 $ 85.00 $ 79.00 $ 68.00 $ 55.00 Page12 September 11, 2018 Item #4 Page 27 of 42 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 PLANNING COMMISSION RESOLUTION NO. 3957 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION TO A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A MUNICIPAL FIRE STATION ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF BUTTERCUP ROAD AND BATIQUITOS LANE IN LOCAL FACILITIES MANAGEMENT ZONE4. CASENAME: CASENO: FIRE STATION NO. 4 CUP268x2 WHEREAS, the City of Carlsbad has filed a verified application with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Conditional Use Pennit Extension as shown on Exhibits "A" -"ct', dated March 19, 1985, on file in the Planning Department (CUP 268x2) and as provided by the conditions of approval of CUP 268, and Chapter 21.54 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on thei 17th day of July, 1996, hold a duly noticed public hearing to consider said application on property described as: That portion of real property in the Ci:ty of Carlsbad, County of San Diego, State of California, as dedicated per document F.P. 73-237096 of Official Records. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all :persons desiring to be heard, said Commission considered all factors relating to CUP 268x2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. I EXHIBIT 3 September 11, 2018 Item #4 Page 29 of 42 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 B) - That based on the evidence presented at the public hearing, the Commission APPROVES the five year extension of Conditional Use Permit, CUP 268 (CUP 268x2), based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 1530l(b) of the State CEQA Guidelines and v.-ill not have any adverse significant impacts on the environment. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the fire station is needed to serve existing and future development in the southwest quadrant. That the site for the intended use is adequate in size and shape to accommodate the use, in that the fire station and all ancillary improvements continue to fit on the site. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the existing landscaping and walls, along with topographic characteristics, adjust the fire station to its residential surroundings. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that Batiquitos Lane is a collector street with a maximum traffic capacity of 10,000 trips per day. Conditions: 1. 2. The Planning Commission does hereby approve the Conditional Use Permit extension for the municipal irre station project entitled "Fire Station No. 4". (Exhibits "A" - "C", on file in the Planning Department and incorporated by this reference, dated March 19, 1985), subject to the conditions herein set forth. Staffis authorized and directed to make or require the Developer to make all corrections and modifications to the Conditional Use Permit Extension Documents, as necessary to make them internally consistent and conform to Planning Commission's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. This Conditional Use Pennit is extended for a period of five (5) years from the date of expiration with a new expiration date of June 18, 2000. This Conditional Use Pemiit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this pennit have been met and that the use does not have a substantial negative effect PC RESO NO. 3957 -2- I EXHIBIT 3 September 11, 2018 Item #4 Page 30 of 42 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 3. - on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 1his pennit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the nl,llnber of extensions the Planning Commission may grant. All other conditions contained in Planning Commission Resolutions No. 2430 and 3021, except as modified.herein, remain in full force and effect. PC RESO NO. 3957 -3- [ EXHIBIT 3 I I I I I I I I I I I I I I I I I I I I I I September 11, 2018 Item #4 Page 31 of 42 f, ... 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 -- PLANNING COMMISSION RESOLUTION NO. 3021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW A FIRE STATION ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST. CORNER OF BATIQUITOS LANE AND BUTTERCUP ROAD. CASE NAME: CI1Y OF CARLSBAD CASE NO: CUP 268:xl [ EXHIBIT 3 WHEREAS, a verified applica,tion has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 20th day of June, 1990, hold a duly noticed public hearing to consider said application on property described as: That portion of real property in the City of Carlsbad, County of San Diego, State of California, as dedicated per document F.P. 73-237906 of Official Records. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 268xl. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the ·evidence presented at the public hearing, the Commission APPROVE CUP 268xl, based on the following findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is located; September 11, 2018 Item #4 Page 33 of 42 l 2 :3 4 5 6 2. 3. 4. I EXHIBIT 3 That the site for the intended use is adequate in size and shape to accommodate the use; That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. (Ord. 9252 §l(part), 1970: Ord. 9060 §1401). 7 Conditions: 8 9 10 11 12 13 14 15 16 1"/ 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. Approval is granted for CUP 268xl, as shown on Exluoits "A" -"C", dated March 19, 1985, inco:rporated by reference and on file in the Planning Department. Development shall remain substantially as shown unless otherwise noted in these conditions. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. This project is approved subject to continued compliance with all conditions of approval of Planning Commission Resolution 2420, inco:rporated herein by reference. PC RESO NO. 3021 -2- September 11, 2018 Item #4 Page 34 of 42 I EXHIBIT 3 .... e -I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission I l. of the City of Carlsbad, California, held on the 20th day of June, 1990, by the following vote, I 2 I to Vvit: 3 I AYES: Chauperson Schramm, Commissioners: Schlehuber, Holmes, 4 McFadden, Marcus & Hall. I 5 NOES: None. 6 ABSENT: Commissioner Erwin. I 7 I ABSTAIN: None. 8 -~~~/~~ 9 I 10 SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION J.l 12 ATfEST: I 13 ~1~ 14 MICHAELJ.HOLLE 15 PLANNING DIRECTOR 16 17 18 19 20 21 22 23 24 25 26 27 PC RESO NO. 3021 -4- 28 September 11, 2018 Item #4 Page 36 of 42 J. 2 3 4 5 6 7 8 9 10 ll 12 13 14 2) 3) 4) 5) 6) 7) 8) .e The subject property is adequate in size and shape to accommodate the proposed use for the reasons stated in the staff report. I EXHIBIT 3 All of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing and permitted future uses in the neighborhood will be provided and maintained for the reasons stated in the staff report. The street system serving the subject property is adequate to properly handle all traffic generated by the proposed use for the reasons stated in the staff report. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on March 18, 1985 and approved by the Planning Commission on April 10, 1985. Additional fire services are needed to adequately serve homes and businesses in the southwest quadrant of the City. The activity is compatible with the goal and objectives of the Public Safety Element and the development guidelines of the General Plan. The activity will be located near the intersection of two major thoroughfares, Poinsettia Lane and Paseo del Norte. 15 Conditions: ·16 1 ) 17 18 19 2 ) 20 21 3 ) 22 Approval is granted for CUP-268, as shown on Exhibits "A" - "C", dated March 19, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District,· dated May 25, 1983. 23 Land use Planning: 24 4 ) 25 26 /Ill /Ill The applicant shall prepare a detailed landscape and irrigatio plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 27 28 PC RESO NO. 2430 -2- September 11, 2018 Item #4 Page 38 of 42 J. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 5) 6) 7) 8) 9) -- All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land use Planning Manager prior to installation of such signs. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager. [ EXHIBIT 3 This conditional use permit is granted for a period of five years. This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly ·basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surround- ing properties or the public health and welfare. If the Land Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon writte application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Planning Cow~ission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 23 Engineering: 24 10) 25 26 27 This project is approved upon the express condition that building permits will not be issued for development of .the subject property unless the City Engineer determines that sewer capacity is available at the time of application for such permits and will continue to be available until time of occupancy. 28 PC RESO NO. 2430 -3- September 11, 2018 Item #4 Page 39 of 42 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 11 ) 12) 13) ' 14) 15) 16) 1 7) \ The developer shall obtain a grading permit prior to the commencement of any clearing,or grading of the site. The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify complianc~ wich Chapter 11.06 of the Carlsbad Municipal Code. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. I EXHIBIT 3 All slopes within this project shall be no steeper than 2:1. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired r~sults. Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the developer before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy of any portion of the project for any purpose. The improvements are: a) Street widening, curb, gutter, sidewalk, wheel chair ramp from existing improvements on Poinsettia Lane, along Batiquitos Lane and along Buttercup Road to join the existing curb line to the west. b) Completion of drainage improvements in the detention basin per CT 81-30 including installation of adequate energy dissipating rip-rap to prevent further erosion along the toe of fill slopes. c) Street lights. d) Street trees. 28 PC RESO NO. 2430 -4- September 11, 2018 Item #4 Page 40 of 42 l 18) 2 3 19) 4 5 6 7 8 20) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21) 26 27 28 PC The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. I EXHIBIT 3 The design of all private streets and drainage systems shall be approved by the City Engineer prior to issuance of any grading or building permit for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading permit for this project. All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each s~eet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined· to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address: City, St.: Telephone: BY (Name of Engineer) R.C.E. NO. jt Date: The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Coil!.Illission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. RESO NO. 2430 -5- I I I I September 11, 2018 Item #4 Page 41 of 42