HomeMy WebLinkAbout2002-03-05; City Council; Resolution 2002-0741
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II RESOLUTION NO. 2002-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH RICK ENGINEERING COMPANY TO
PREPARE ENVIRONMENTAL DOCUMENTATION AND
PERMITTING AND FINAL ENGINEERING PLANS FOR THE
RANCHO CARLSBAD CHANNEL MAINTENANCE PROJECT, PROJECT NO. 3338.
WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds for
the Drainage Channel and Desiltation BasinlCannon Road project; and
WHEREAS, Statements of Qualifications were previously solicited to prepare a Drainage
Concept Plan from qualified engineering firms; and
WHEREAS, Rick Engineering Company was selected as the most qualified to prepare the
Drainage Concept Plan and the Concept Plan has been completed in a satisfactory manner; and
WHEREAS, Rick Engineering Company is the most qualified to complete environmental
documentation and permitting and final engineering plans for implementation of the initial phase of
the Concept Plan for a fee of $103,842; and
WHEREAS, $1,260,500 is the total project cost and only $1,120,000 of Planned Local
Drainage Area B funds are appropriated.
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 a consultant agreement with Rick Engineering Company for preparation of
environmental documentation and permitting and final engineering plans for Project No. 3338 as
described in the attached agreement is hereby approved and the Mayor is hereby authorized and
directed to execute said agreement.
3. That an additional appropriation of $140,500 is hereby approved from the Planned
Local Drainage Area B fund to the project account.
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authorized and directed to forward copies of said agreement to Rick Engineering Company and
the Engineering Department design division for their files.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 5th day of MARCH ,2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ATTEST
,/
LiXkANE WOOD, City Clerk
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AGREEMENT FOR ENVIRONMENTAL AND
ENGINEERING SERVICES
RICK ENGINEERING COMPANY
THIS AGREEMENT is made and entered into as of the 7 r& r/!A.m , 20L& by and between the CITY OF CARLSBAD. a municipal
day of
corporation, (“City”), and RICK ENGINEERING COMPANY, a California Corporation,
(“Contractor”).
RECITALS
A. City requires the professional services of an Engineering Contractor that is
experienced in environmental documentation, permitting, hydraulic engineering and
preparation of engineering plans, specifications and estimates.
B. Contractor has the necessary experience in providing professional
services and advice related to providing a solution to the drainage and sediment
problems and resultant impacts to the Rancho Carlsbad Mobile Home Park (RCMHP).
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the “Services”) that are defined in attached Exhibit “A, which is incorporated by this
reference in accordance with this Agreement‘s terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor’s profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. - TERM The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for one (1)
additional one (1) year period 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.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total not to exceed fee payable for the Services to be performed during the initial
Agreement term will be ninety two thousand five hundred ninety two dollars ($92,592)
with an option for an additional not to exceed amount of eleven thousand two hundred
ffly dollars ($1 1,250) for additional studies and meetings. No other compensation for
the Services will be allowed except for items covered by subsequent amendments to
this Agreement. The City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work andlor Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Except as to the sole negligence or willful misconduct of City, Contractor will defend,
indemnify and hold City, ikkicers, agents and employees, harmless from any and all
loss, damage, claims, demands, liability, expense or cost, including attorney's fees,
which arises out of, or is in any way connected with the performance of, the Services by
Contractor or any of Contractor's employees, agents or subcontractors, notwithstanding
that City may have benefited from their services.
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 the Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to-property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and EmDlover's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability.
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 Providina 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 Coveraae. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
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.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Aareement. All records will be clearlv 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.
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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 aarees that all coDvriahts that arise from the services will be vested in City ~~~ ~ ~ ~
and Contract& relinquishes all claims to the copyrights in favor of City. .. -
15. NOTICES
The name of the Dersons who are authorized to aive written notices or to receive written
notice on behalf of City and on behalf of Contractlor under this Agreement.
~~~ ~ ~
For Citv: For Contractor:
Title: Deputy Public Works Director Name: Dennis Bowling, Rick Engineering
Department: Engineering Services Title: Vice President
City of Carlsbad Address: 5620 Friars Road
Address: 1635 Faraday Avenue San Diego, CA 921 10
Carlsbad, CA 92008 Phone No. (619) 291-0707
Phone No. (760) 602-2730
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and Citv's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
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Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (IO) 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.
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20. TERMINATION
In the event of the Contractor's failure to Drosecute. deliver, or perform the Services,
City may terminate this Agreement for nonperfokance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however,
the total will not exceed the lump sum fee payable under this Agreement. City will make
the final determination as to the portions of tasks completed and the compensation to
be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea, the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
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23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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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
RICK ENGINEERING COMPANY,
a California corporation
*By: 2!,
-, Vice President
**By:
(sign here) Ro &E 7 A . .A t56C''Z mBftaRi. Secretaty (print namehitle)
CITY OF,CARLSBAD. a municipal
ATTEST:
n
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Comoration, Agreement must be signed by one corporate officer from
each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
nGroup 6.
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:
RONALD R. BALL, City Attorney .
By: Lc4mAkL LC UWA
Deputy City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5907
State of I 6% 5? /L' [ 19
County of 5- b /€c? 0
On /%3,t'Q"/ rL), 2ona before me, dln/B # 5: PHb il S#7&(. &.,&>?y e/&.
personally appeared "Zeho Vw L& sR.%cct--~~~~~rn"q A &.~~TL.,L-G~? SKF
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS Wand and official seal.
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DATE NAME, TIRE OF OFFICER. E.G.. 'JANE OOE. NOTARY PUBdC. J n
NAMEIS) OF SIGNER(S)
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this fon.
0 PARTNER(S) LIMITED
0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAtVCONSERVATOR 0 OTHER:
0 GENERAL /5
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSONIS) OR EMIlY(1ES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION. 8236 Rernmel Ave.. P.O. Box 7184 Canoga Park. CA 91309-7184
EXHIBIT “A”
SCOPE OF SERVICES
RANCHO CARLSBAD CHANNEL MAINTENANCE PROJECT
PHASE II
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CONTRACTORS OBLIGATION
The following scope of work describes the tasks required for the Rancho Carlsbad Channel
Maintenance Project.
1. ENVIRONMENTAL DOCUMENTATION, PERMITTING AND PRELIMINARY
ENGINEERING PHASE
A. Environmental Documentation & Permitting (RECON)
Task 1: 404 PermiU401 State Water Quality Certification/l601 Streambed
Alteration Agreement Application Packages
1. Prepare a 404 Permit application package to be submitted to the U.S.
Army Corps of Engineers. The application form will need to be signed by
the City ( the applicant).
2. Prepare a 401 State Water Quality Certification application package for
submittal to the Regional Water Quality Control Board. A draft letter to the
letterhead. An application fee paid by the City will also need to be
RWQCB will be prepared that will be required to be printed on the City’s
submitted with the application package.
3. Prepare a 1601 Streambed Alteration Agreement application package for
submittal to the California Department of Fish and Game. The application
form will need to be signed by the City. An application fee paid by the City
will also need to be submitted with the application package.
4. Provide consultation time to attend meetings and provide assistance to
the resource agencies during the processing of the application packages.
5. Any additional studies required by the jurisdiction or resource agencies,
such as directed searches for particular sensitive species would be
conducted only with subsequent authorization from the client.
$5,603
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-2: Mitigation Plan (Optional)
1. Prepare a conceptual mitigation plan describing measures to compensate
for impacts to jurisdictional waters, including wetlands, anticipated from
the proposed channel maintenance project.
$1,146
-3: Wetlands Delineation (Optional)
1. Conduct a wetland/jurisdictional delineation according to the U.S. Army
guidelines on Agua Hedionda Creek and Calavera Creek within the
Corps of Engineers and California Department of Fish and Game
bounds of the Rancho Carlsbad Mobile Home Park (project area).
2. Prepare a wetland delineation report that summarizes the results of the
wetland/jurisdictional delineation and provides a map showing the
location of these resources.
$2.143
B. Preliminary Engineering (Rick Enaineerina ComDanv)
The scope of work for Rick Engineering Company for this Phase will be to
topography and potential encroachments, to conduct final hydraulic analysis for
provide field surveys in the mobile home park to verify the actual channel
channel improvements and to prepare exhibits of channel improvements for
CEQA.
-1: Field Surveys, Final Hydraulic Design and Exhibits
1. Preliminary Engineering and Coordination, field walk and contract
administration (T&M) $6,500
2. Prepare final hydraulic design for the Agua Hedionda Creek channel
Agua Hedionda Creek based on the field-surveyed cross sections.
improvements including a proposed condition HEC-2 analyses for
This hydraulic design will assume no channel improvements within the
Calaveras Creek channel. Included in this task will be design of erosion
protection as needed at the wnfluence of Agua Hedionda Creek. $6,500
3. Prepare a report outlining the results of the final hydraulic design and
channel improvements for Agua Hedionda Creek detailing the existing
split-flow situation' within Calaveras Creek where it enters the Rancho
Carlsbad Mobile Home Park and how the flow will be conveyed once the
proposed improvements have been constructed. $1,500
4. Prepare exhibit(s) showing the limits of the impacts to Agua Hedionda
Creek based on the Channel Improvements to be included with the
report. $1,000
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5. Process the report through the City of Carlsbad. (T&M) $1,800
6. Design Surveys (topographic design survey Agua Hedionda Creek only)
$6,200
7. Field locate existing trees as identified/flagged by the City of Carlsbad
and Rick Engineering $500
8. Expenses (T&M) $700
Task 1 Subtotal = $24,700
Phase I Total = $33,592
II. FINAL ENGINEERING PHASE
A. Final Plans and Storm Water Pollution Prevention Plan (Rick Ensineering
ComDanv)
Task 1: Final Plans, Specifications and Estimates
1. Prepare 40-scale improvement and grading plans, cost estimates, and specifications for the channelization needed at the confluence of
will be prepared for the dredging of the Agua Hedionda Creek within the
Calaveras Creek and Agua Hedionda Creek. Additionally, grading plans
mobile home park including plans, specifications and estimates for
disposition of dredged material. It is assumed only three submittals (50%.
90%, 100%) will be required. The task includes plan processing and
coordination and meetings for review of planchecks. $25,000
2. Prepare legal descriptions and easement plats for the required
construction and right-of-way easements needed for the project. It is
assumed that easements for the grading within the channels will be
required from only two property owners. . $6,000
3. Subconsultant Coordination & Contract Administration (20 hrs. T&M)
$2,000
4. Expenses (T&M) $3,000
Task 1 Subtotal = $36,000
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-2: Notice of Intent and Storm Water Pollution Prevention Plan
1. Prepare a Storm Water Pollution Prevention Plan (SWPPP) and design
water quality facilities to meet the provisions set forth in the National
Pollution Discharge Elimination System (NPDES) General Permit for
Construction Activity (SDRWQCB Municipal Permit Order 2001-01).
Services will include the preparation of a Notice of Intent (NOI) for Client
execution and submittal to the State Regional Water Quality Control
Board. $7,000
2. Develop a storm water monitoring program for compliance with the
modifications to the Water Quality Order No. 99-08-DWQ State Water
Resources Control Board (SWRCB) National Pollution Discharge
Associated with Construction Activity (General Permit).The scope of work
Elimination System (NPDES) General Permit for Storm Water Discharges
includes identification of storm water monitoring locations, preparation of
storm water monitoring program and manual and contractor training to
implement the program. $3,600
Task 2 Subtotal = $10,600
Rick Engineering Company Final Engineering Subtotal = $46,600
B. Landscape Architecture (Urban Arena)
m: Revegetation Plans
1. Prepare revegetation plans, specifications and estimates required for
channel dredging and channel modifications of the Agua Hedionda Creek.
$8,500 (If irrigation plans are not required then there is a reduction
in fee of $2,000)
2. Provide Construction Administration (T&M) $2,400
3. Expenses (T&M) $1,500
Urban Arena Subtotal = $12,400
Phase I1 Total = $59.000
PROJECT TOTAL = $92,592
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111. OPTIONAL SERVICES (AS AUTHORIZED BY THE CITY OF CARLSBAD)
A. Resource agency meeting attendance (two meetings at three hours each.) (T&M)
$1,700
B. Mobile home park presentation (one meeting at four hours each). (T&M) $1,400
C. Miscellaneous exhibits for presentations (three exhibits) (T&M) $3,500
D. Team status meetings held at City of Carlsbad (six meetings at three hours each).
(T&M) $4,100
E. Letter to McMillin Land Development explaining the existing split-flow situation
within Calaveras Creek and how future flows will be conveyed in this area. $550
Total = $11,250
CITYS OBLIGATIONS
A. The City of Carlsbad will provide the necessary title reports, maps, and right-of-
way drawings to prepare the easement plats and the City of Carlsbad will obtain all
appropriate signatures for the grant deeds.
B. The City will act as the project manager and any outside coordination and support with public agencies, school districts, parks department, and/or property owners
will be the City of Carlsbad's responsibility. In addition, the City of Carlsbad will be
of permission to grade the project.
responsible for any agency processing or permit fees. The City will obtain all letters
C. As-builts are not included.
D. Bid and construction support services are excluded from this contract.
E. The final plans will be submitted on photo mylars.
F. Retaining walls will not be required for this project.
G. It is assumed that the previous geotechnical report and environmental site
assessment completed in July and April of 2000 by GEOCON is still valid and
that no additional geotechnical work is required.
H. Construction staking is excluded.
1. Storm water collection and analysis will be paid by the City and performed by
others.
J. Dry utility design, if necessary, to be provided by others.
K. Potholing is not included.
14 City Attorney Approved Version W5.22.01
L. The final plans will be submitted on photo mylars. The City to provide electronic
file formatting prior to the start of work.
M. Tree preservation program if required including meetings, preliminary
engineering and final engineering and landscaping have been excluded from this
contract.
N. Design of any water, sewer and storm drain outside the channel dredging limits is
excluded.
15 City Attorney Approved Version #05.22.01