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HomeMy WebLinkAbout1986-09-23; City Council; Resolution 8817RESOLUTION NO. 8817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WILLDAN AND ASSOCIATES FOR THE DESIGN OF A MITIGATION PLAN AND MONITORING PROGRAM FOR THE LA COSTA AVENUE PROJECTSy CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATIONy AND APPROPRIATION OF FUNDS WHEREAS, a proposal has been negotiated by the City of Carlsbad for the design of the La Costa Avenue improvement projects mitigation plan and monitoring program with Willdan and Associates; and WHEREAS, the negotiated fee for services to perform the mitigation plan and monitoring program for said project is $52,250; and WHEREAS, there is no current appropriation to perform said services; and WHEREAS, the Planning Director has issued a Mitigated Negative Declaration for said project dated May 28, 1986; and WHEREAS, the aforementioned Mitigated Negative Declaration has undergone all required public review with responses to comments received during that review completed on August 15, 1986; and WHEREAS, the City Council of the City of Carlsbad has determined the La Costa Avenue improvement projects to be necessary to ensure efficient traffic circulation within the City limits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The above recitations are true and correct. /// I 2 7 G 4 F . E ‘i E s 1C 11 12 1Z 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That an agreement between the City of Carlsbad and Willdan and Associates for the design of the mitigation plan and monitoring program for the La Costa Avenue improvement projects is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement, which is attached hereto, for and on behalf of the City of Carlsbad. 4. That the City Council of the City of Carlsbad hereby certifies the Mitigated Negative Declaration for said project. 5. That a funds transfer in the amount of $52,250 from the unappropriated balance of the General Capital Construction account to the project account is hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 23rd day of September , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City k lerk (SEAL) AGREEilI.:I7T FOR PREPARATIOW OF MITIGATION PLAN & MONITORING PROGRAM THIS AGREEMENT, made and entered into as of the day of 9 19 ? by and between the CITY OF CARLSBAD, a - municipal corporation, hereinafter referred to as "City," and Willdan and Associates, hereinafter referred to as "Consultant." RECITALS City requires the services of an Environmental Engineering Consultant for the preparation of a mitigation plan and monitoring program for the City of Carlsbad's La Costa Avenue improvement projects under the direction of the Municipal Projects Department of the City; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE,. in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT 'S OBLIGATIONS The Consultant shall: A. Prepare a mitigation plan for the City's La Costa Avenue improvement projects in accordance with their proposal dated August 14, 1986, a copy of which is attached and incorporated by reference herein; -2- B. Act as liaison between utility agencies, citizens and City staff as related to the proposed project. C. Coordinate and implement project and traffic safety. D. Attend such meetings of public or private groups as may be required in conjunction with the La Costa Avenue improvement projects. E. Provide all personal transportation during the course of this agreement. F. Perform a1 1 functions, responsibilities,’ and requirements to accomplish the mitigation plan and monitoring program as specified in their proposal hereinabove referred. 2. CITY OBLIGATIONS Under the general direction of the Municipal Projects Oepartment and subject to the provisions of Section 9 of this agreement, the City shall: A. Make available to Consultant all records, reports, and other documents deemed necessary by Consultant to properly perform the services required by the City. 3. CONSULTANT COMPENSATION Under the general direction of the Municipal Projects Department and subject to the provisions of Section 9 of this agreement, the City shall: A. Compensate Consultant for services performed under Article 1 above, in accordance with the fees set forth in the above referenced proposal. -3- B. It is understood by the parties to this agreement that the aforementioned fees shall be considered to be the total compensation for the duration of the project. The Consultant warrants that no adjustments in fees shall be requested during the term of this agreement. C. Transportation shall be provided by the Consultant and no additional compensation shall be paid by City to Consultant for transportation to or from home to work place or for field trips within the City on behalf of the City of Carlsbad. D. Additional expenses related to this agreement for meetings outside the limits of the City, transportation, meals, etc., shall be reimbursed by the City on the basis of actual cost where specifically approved by the City upon submission of itemized invoices to the City of Carlsbad. 4. PAYMENT OF FEES Fees earned pursuant to Section 3A of this agreement shall be paid by City within twenty (20) days of delivery of invoices provided, however, that no fees shall be paid until the invoices have been verified and approved by the City. Payment of any fees pursuant to this section shall not constitute a waiver by City of any breach of any part of this agreement. Reimbursement pursuant to Section 3D of this agreement shall be made in accordance with existing City reimbursement policies. 5. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bonafide employee working for the Consultant, to solicit or secure this agreement, -4- and that Consultant has not paid or agreed to pay any company or person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or any other consideration contingent upon, or resulting from the award or making of this agreement. For breach or violation of this warranty, the City shall 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 such fee, commission, percentage, brokerage fee, gift, or consultant fee. 6. NON-DISCRIMINATION CLAUSE The Consultant shall comply with state and federal ordinances regarding non-discrimination. 7. TERMINATION OF CONTRACT In the event of the Consultant's failure to execute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for non-performance by notifying the consultant by certified mail of the termination of the contract. The City will give 30 days notice, the Consultant, thereupon, will deliver all documents owned by the City and all ' work in progress to the Municipal Projects Department, of the project in progress, who shall make a determination of fact based upon the documents delivered to the City of the percentage of work which the Consultant has performed which is usable and of i -5- worth to the City in having the contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the contract. Final payment shall be in compliance with the code of federal regulations. 8. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedures shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identi.fied as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the consultant or the project manager for the Municipal Projects Department. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City's representative receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Manager for resolution. The City Manager may then opt to consider the directed solution to the problem. -6- In upon uch cases, the action of the City Manager shall be binding the parties involved although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 9. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services only, including construction, inspection and construction management of assigned projects, and any payments made to Consultant are compensation solely for such services as Consultant may render and recommendations consultant may make in the course of the project(s). IO. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble all City documents in the Consultant's possession and put the same in order for proper filing and closing and deliver said documents to the City. In' the event of termination, the Consultant shall be paid for work performed to the termination date. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the codes of federal regulations. -7- 11. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under the direction and control of the project manager and/or Municipal Projects Manager only as to the assignment of tasks, the result to be accomplished and the personnel assigned to the project. The Consultant shall consult with the City as necessary to.ensure compliance with this agreement. 12. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, correspondence, copies of reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, copies of reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the documents for his records. 13. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. -8- 14. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant's agents, employees, or represent at ives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. 15. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or -9- other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contrat or any part thereof. 16. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. 17. SUCCESSORS OR ASSIGNS All terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 18. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. The Consultant shall report income investments or interests in real property. - 10 - 19. TERM OF CONTRACT In accordance with Section IE, the term of this agreement shall run through completion of the aforementioned projects. The City shall have the option of offering permanent employment to the Consultant as a regular City employee anytime within the specified term of this agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WILLDAN AND ASSOCIATES: CITY OF CARLSBAD: DAVID' M. ASHLEY, Division Mgr. ATTEST ED : City Attorney U City Clerk August 14, 1986 Mr. Jeff Bunnell CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA. 92008 SUBJECT: REVISED PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES - LA COSTA AVENUE CORRIDOR M I T IC AT I ON PROJ ECT Dear Jeff: Willdan Associates is pleased to submit this fee proposal for providing engineering and construction management services for this project. Willdan Associates has, for over twenty years, specialized in providing engineering services to municipalities. Today, our staff includes over 275 professiona I engineers, planners, technicians and computer programmers, located in six offices throughout Southern California. Our local San Diego office, in oper- ation for over nine years, includes a staff of twenty-five professional civil engineers, traffic engineers, technicians, construction inspectors and other personnel available to provide a local, personalized service. This proposal amends a previous proposal dated June 25, 1986, to provide for additional services as described below and as requested by the City of Car Is bad. PROJECT DESCR 1 PTl ON The City of Carlsbad has retained Willdan Associates to prepare plans and specifications for the widening of La Costa Avenue between the 1-5 Freeway and El Camino Real. The project will take place in several phases consisting of: 1. Widen the La Costa Avenue/El Camino Real intersection; 2. Widen the La Costa Avenue/l-5 intersection at the ramps as an interim project; 3. Widen La Costa Avenue from 1-5 to El Camino Real; and 4. Widen the La Costa Avenue/ 1-5 interchange (bridge widening). Each phase has specific effects on the environment, as discussed in the Initial Environmental Assessment prepared by Westec Services, Inc. dated May 1986. This project consists of specific mitigation measures which should be taken concurrent with the construction of the La Costa Avenue/El Camino Real intersection project. The work will generally consist of grading of salt marsh areas and revegetation of salt marsh and riparian areas north of La Costa Avenue adjacent to the Wetlands Boundary of the Batiquitos Lagoon. 6363 GREENWICH DRIVE SUITE 250 SAN DIEGO, CALIFORNIA 921 22 (61 9) 457-1 199 August 14, 1986 Fee Proposal to Jeff Bunnell CITY OF CARLSRAD Paqe Two SCOPE OF SERVICES Following discussions with City staff, we understand the scope of work for the project to generally be as follows: 1. 2. 3. 4. Prepare a grading plan, specifications, and estimate in a manner suitable for public bid and acceptable to the City of Carlsbad. Include a plan, prepared by a licensed Landscape Architect, for revege- tation of salt marsh and riparian woodland adjacent to the Satiquitos Lagoon. It is understood this will include approximately 8.4 acres of salt marsh and 1 .7 acres of riparian woodland. Provide two (2) separate legal descriptions, plats and deeds dedicating the areas of grading and revegetation in fee to the City of Carlsbad based on the following criteria: a) Base the area of dedication on the mitigation proqram as outlined in the Initial Environmental Assessment dated Ma?, 1986 by Westec Services (ie: replacement of 3.4:l for riparian and 2.25:l for coastal salt marsh). b) Base the area of dedication on the mitigation program suggested by Coastal Commission staff dated August 6, 1986 (ie: replacement of 3:l for riparian and 4:l for coastal salt marsh). Provide the services of an environmental firm with qualified biologists to supervise the actual revegetation of the riparian habitat and to monitor the success of the revegetation for a period of 4 years. Project design will include preparation of a 40 scale plan for grading within the required coastal salt marsh area in accordance with a final Mitigated Negative Declaration based on the Initial Environmental Assessment prepared by Westec dated May 1986. Coordination with VJestec will be maintained during design to assure that the grading plan is in conformance with the mitigation requirements. Specifications and bid documents will be provided in accordance with the City's standard format and utilizing the "Green Rook", and will include quantity takeoffs, with estimates based on unit prices from recently bid projects. The plan for revegetation of the salt marsh and riparian habitat will also be 40 scale and based on a final Mitigated Negative Declaration based on the IEA dated May 1986. We propose to use the firm of Lightfoot E Associates, pro- fessional landscape architects, who will also prepare landscape plans for the I' August 14, 1986 Fee Proposal to Jeff Runnel1 CITY OF CARLSRAD Page Three La Costa Avenue widening project from 1-5 to El Camino Real. Plans, quanti- ties, and specifications for this work will be included in the bid package for the grading plan. We propose to use the firm of Westec Services, Inc. to act as the City's agent to supervise the implementation of the rvegetation plan and to monitor its success for a four year period. Four seasonal observations will be made the first year with annual reports to the City the succeedinq 3 years. ADDlT IONAL SERVICES Additional services which could be provided include: 1 . Inspection of the grading operation, construction staking, construction management services, attending preconstruction meetings, and general administrative tasks associated with the construction phase. .2. Preparation of a plan for irrigation of the revegetated area. However, the revegetated area will be watered by water truck until established. 3. Preparation of a grading plan for a disposal area. It is assumed this will be the contractor's responsibi ti ty . Responsibilities of City The City agrees to provide: 1. Any soils reports required for the proposed project. 2. Any additional environmental and coastal commission permits required over and above the permits to be obtained in connection with the La Costa Avenue widening project. PROJECT SCHEDULE The services to be provided under this contract will be provided upon a final Mitigated Negative Declaration consistent with the IEA, and will be expedited to permit the work to proceed concurrent with construction of the La Costa AvenuelEl Camino Real intersection project. August 14, 1986 Fee Proposal to Jeff Bunnell CITY OF CARLSBAD Page Four DISCUSSION OF FEES (Revised) Presented below is a summary table of our proposed fees for this project, as outlined above. Right -of-Wa y Description, Plats, Deeds (2 sets) (9 Properties) $1 5,000.00 Grading Plan $1 1,500.00 Revegetation Plan 15,000.00 Monitor Revegetation Riparian and Salt Marsh 10,750 .OO TOTAL $52,250.00 We sincerely appreciate the opportunity of presenting this proposal for pro- viding engineering services on this project. Should you have any questions or desire any additional information, please contact us at our new office, 457-1 199. Yours truly, W I LLDAN ASSOCIATES ' David M. Ashley // Division Manager DMA : sf P 86-100.1