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HomeMy WebLinkAboutBuena Vista Lagoon Foundation; 2007-05-01;May 1,2007 City of Carlsbad Buena Vista Lagoon Foundation Dr. Antle PO Box 4516 Carlsbad CA 92008 SUBJECT: AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING AGREEMENT I am pleased to inform you that the Carlsbad City Council approved the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Committee's recommendation that you/your organization receive $164,000.00 in Agricultural Conversion Mitigation Fee Grant funding. The grant funding is to be used for the following purpose(s): engineering design and environmental studies necessary to build a wooden boardwalk at the western end of Buena Vista Lagoon that would run alongside the Lagoon and the Coast Highway connecting the Audubon Center and Maxton Brown Park as described in your Grant Proposal No. AGP 06-04 - Buena Vista Lagoon Boardwalk. This letter is to serve as a Letter of Agreement. The grant funds will be awarded in phases and upon the achievement of milestones according to the attached project schedule. Any project that is awarded funds will be required to meet agreed-upon milestones. (Some projects will be a single-phase project.) If you need to make changes in your grant proposal project or schedule, please contact the Planning Department. Please have both of the people who signed the grant application sign this agreement and retum it in the enclosed envelope. City staff will then forward the letter to the Mayor for signature. Once the agreement has been signed by the applicants and the mayor, we will begin the initial release of funds according to the approved milestone/funding schedule. If the funds are not spent for this specific purpose, they must be retumed to the City. In addition, failure to satisfy the agreed-upon milestones will result in project reconsideration and possible cessation of funding. Grant recipients are required to recognize on all printed material that the project is funded in part or in full by the City of Carlsbad. A final report on how the funds were spent and what the project accomplished must be filed with the City of Carlsbad once the funds are spent or within one year of receipt of the money, whichever comes first. In addition, you agree to maintain original records (i.e., receipts) for at least five years from the date on which you receive your final grant funds and make them available to the City should they request to audit them. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • vwvw.ci.carlsbad.ca.us Agricultural Conversion Mtiigation Fee Grant Funding Agreement May 1,2007 Page 2 Thank you for your participation in the Agricultural Conversion Mitigation Fee Grant process. Should you have any questions, please feel free to call Scott Donnell at 602-4618. Sincerely, DON NEU Planning Director I/We herptr^'agrfoe to all of the above. ApplicqnU^ame Date Applicant Name Date ' October 23, 2008 TO: Project File AGP 06-04 FROM: Associate Planner, Kevin Pointer RE: AGRICULTURAL CONVERSION MITIGATION GRANT FUNDING FOR BUENA VISTA LAGOON BOARDWALK GRANT (AGP 06-04) The purpose of this memorandum is to supplement and clarify information provided in the grant funding agreement between Buena Vista Lagoon Foundation and the City of Carlsbad with respect to the aforementioned project. The grant funding agreement consists of a letter from the City of Carlsbad dated May 1, 2007 and signed by the Mayor, Planning Director and applicant (grant recipient). The agreement also includes the following attachments: 1. Email correspondence between the applicant's representative (Regg Antle) and project planner Kevin Pointer; and 2. An Engineering Consultant Agreement between the applicant and Noble Consultants, Inc (NCI), which additionally attaches and references a Proposal Letter from NCI dated August 25, 2008. To clarify any perceived inconsistencies in funding amounts disclosed, staff notes that the fundinq for the proiect schedule is clarified in the aforementioned email correspondence, which serves to update fundinq amounts orlqinallv referenced within the Proposal Letter from NCI dated Auqust 25. 2008. Accordingly, staff has verified that funding will not exceed $164,000.00 and that all project tasks originally funded are redistributed through the phases 1 through 3. Task and phase descriptions are accurately presented within the Engineering Consultant Agreement/Proposal Letter; however, their funding totals are clarified through the email correspondence. KEVIN POINTER Associate Planner c: Michele Masterson, Senior Management Analyst RECEIVED ENGINEERING CONSULTANT AGREEMENT 1 ^ 2008 ^ij^ OP CARLSBAD THIS AGREEMENT is made this 1'* day of September 2008, by and betVirfiWyW^G DEPT VISTA LAGOON FOUNDATION ( "Client") and NOBLE CONSULTANTS, INC. ("NCr ). RECITALS WHEREAS, Client now has an interest in and desires to retain NCI to provide engineering services with respect to the following project: PROFESSIONAL ENGINEERING DESIGN SERVICES, BOARDWALK FOR THE BUENA VISTA LAGOON IN CARLSBAD, CALIFORNLA. and, WHEREAS, NCI is willing to provide the services descriljed herein to Client; WHEREAS, Client does not have any ownership interest in the land subject to the design services and such land is owned by the State of Califomia Department of Fish and Game (DFG) and/or the City of Carlsbad and City of Oceanside. Client has received permission from the DFG to cause the preparation of the subject plans and applications for review of fijture construction but DFG retains all authority to review and conditionally approve or disapprove any related appHcation and construction; and WHEREAS the BVLF is a Non-Profit Public Charity Corporation and has received a grant from the City of Carlsbad (Funding Source) for the preparation of plans and applications for future construction of a pedestrian walkway over the Buena Vista Lagoon along Carlsbad Boulevard and is wholly reliant on said grant for funding of the subject design services; NOW THEREFORE, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Agreement and Scope of Services. Client hereby retains and employs NCI to provide the following services: To consist of the Scope of Services as described in NCI's proposal dated August 25, 2008, attached hereto as Exhibit '*A'\ NCI shall prepare such detailed investigations, studies, plans, specifications and/or reports as are reasonably necessary and desirable to achieve the above-described scope of services. NCI shall perfonn services as an independent contractor and shall perfonn the services provided for in this agreement in accordance with generally accepted standards of professional practice in effect at the time of performance. 2. Tangible Products. All services provided by NCI hereunder may be used by the Client only for the project described herein. All original papers, documents, drawings or other work of NCI shall become the exclusive property of the Client upon full payment to NCI all amounts due hereunder. Said papers, documents and drawings, or copies thereof, may not be used by NCI at any time or for any purpose without the consent ofthe Client. Engineering Consultant Agreement Noble Consultants, IncTBuena Vista Lagoon Foundation Page 2 of 5 Client intends to transfer ownership of all such tangible products to the City of Carlsbad and/or the DFG pursuant to their Agreement for grant funding. 3. Comoensation. The Client shall compensate NCI for its services by the payment ofthe following fees: To consist of a lump sum, fixed price fee of $158,000, as described in NCI's proposal dated August 25, 2008, and attached hereto as Exhibit "A". Any Extra Work must be agreed in advance by addendum to this contract and will consist of a specified scope of work and a lump sum amount Invoices will be submitted to Client on a monthly basis, and a final bill will h>e submitted upon completion of services. NCI recognizes that such invoices will be presented by Client to the Funding Source and that Client will pay NCI the amount due for services rendered and expenses incurred pursuant to this Agreement within fourteen (14) calendar days after Client is paid by the Funding Source. 4. CoQoeration. Client and NCI agree to cooperate with each other in order to fulfill their responsibilities and obligations under this Agreement. Client will assist NCI to acquire any information, data, studies and/or reports as shall be reasonably required for the consulting services described above; and, upon request, will provide all documents and materials in its possession necessary for NCI to provide said consulting services. 5. Disclaimer of Representations and Warranties. Unless expressly agreed by NCI to the contrary in writing, NCI: (a) makes no representation or warranty conceming the accuracy of estimated quantities and cost figures disclosed in maps, plans, specifications or drawings prepared pursuant to this Agreement, other than that all such figures shall be deemed to be estimates only, and are subject to fluctuations in cost factors; (b) does not guarantee the completion of contracts or the quality of performance by the constmction contractor or contractors or any other third party, nor is it responsible for the acts or Comissions of such contractors or third parties; (c) MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ITS FINDINGS, RECOMMENDATIONS, SPECIFICATIONS OR PROFESSIONAL ADVICE, EXCEPT THAT THE WORK TO BE PERFORMED HEREUNDER WAS PERFORMED PURSUANT TO GENERALLY ACCEPTED STANDARDS OF PRACTICE IN EFFECT AT THE TIME OF PERFORMANCE; and (d) makes no representation conceming soil conditions, and shall not be responsible for any liability which may arise out ofthe making or failure to make soil surveys, subsurface soil tests, or general soil testing unless an undertaking to the contrary is specifically included in a previous phase of woric, this Agreement or its attachment(s). Engineering Consultant Agreement Noble Consultants, IncVBuena Vista Lagoon Foundation Page 3 of 5 6. Changes. Any changes in the description of the project as set forth in this Agreement, or in the investigations, studies, reports, plans and/or specifications related thereto, which would affect NCI's or Client's obligations hereunder, shall require the written consent of NCI and Client. Failure by Client or NCI to obtain such consent will constitute a waiver by Client or NCI of any and all claims against NCI or Client arising from any such changes. 7. Use of Work Product. No tangible work product of NCI's services hereunder shall be used by Client for any purpose other than the information of the Client unless such work product shall bear the signature of a responsible officer of NCI. Client agrees that all reports and other work fumished to the Client or his agents, which are not paid for, will be retumed upon demand and will not be used by the Client for any purpose whatsoever. NCI will retain copies of all pertinent records relating to the services performed for a period of five years following submittal of the report, fmal drawings and any change order drawings, during which period the records will be made available to the Client at all reasonable times. 8. Force Maieure. NCI shall not be responsible for delay caused by activities or factors beyond its responsible control, including, but not limited to, delays by reason of strikes, lockouts, work slow-downs or stoppages, accidents, acts of God, failure of Client to fiimish timely information or to promptly approve or disapprove of NCI's work, faulty performance by Client or by other contractors or govemmental agents. NCI shall not be responsible in damages nor shall it be deemed in default of this Agreement for delays caused by the factors refened to in this paragraph. 9. (a) Insurance. NCI agrees to, at its own cost, maintain in force throughout the period of its performance under this Agreement automobile and general liability insurance in the amount of $1,000,000 each. NCI shall provide the Client with certificates of such coverage, naming the Client, the DFG and the City of Carlsbad as additional named insured. NCI shall maintain Workers' Compensation coverage as required by the State of Califomia. Throughout the time NCI is actively providing services to the Client, NCI also agrees to maintain professional liability enors and omissions insurance in the minimum amount of $1,000,000. (b) Limitation of Liability. For any injury or damage on account of any enor, omission or other professional negligence, the Client agrees to limit its claim to the insurance required of 'NCI to the Client and to all its volunteers, agents, contractors and subcontractors arising out of the performance of NCI's professional services, such that NCI's total insured aggregate liability to all those named will not exceed $1,000,000 per separate agreement. 10. Restaking. In the event any staking (for Projects where staking is necessary) is destroyed, damaged or disturbed by an act of God or by parties other than NCI, the cost of restaking shall be paid for by Client as extra work. 11. Reimbursement for Costs. All costs for anticipated expenses and fees, other than permit fees, are included in the lump sum fee pursuant to this Agreement. Any additional costs may be authorized only through addendum to this agreement by both parties. Engineering Consultant Agreement Noble Consultants, IncyBuena Vista Lagoon Foundation Page 4 of 5 12. Suspension of Performance. In the event that Client, for any reason, shall suspend, abandon, or terminate all or any portion of the Project and, as a result, all or any portion of tiie work prepared or partially prepared by NCI hereunder shall not be subject to be performed by Client or any other party, Client shall nonetheless pay NCI all fees and charges for services rendered to that time and provided hereunder, subject to the provisions of Item 3 and payment from the Fimding Source, including a charge for reasonable professional time as final cleanup, not to exceed the maximum contract price specified herein, if any. 13. Assignment: Goveming Law. This Agreement and each and every portion hereof shall be binding on all successors and assigns of each of the parties hereto, but shall not be assigned by NCI without the prior written consent of the Client. This Agreement shall be govemed by and constmed in accordance with the laws of the State of California. 14. Right of Entry. If and as needed. Client will assist NCI to obtain Right of Entr>' to the property. 15. Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, will, on the written request of one party served on the other, be submitted for dispute resolution conducted by a mutually agreed to ADR provider. If the matter remains in dispute, the dispute may be submitted to arbitration upon further agreement of the parties. The costs ofthe dispute resolution will be home in a proportion that the ADR provider and/or arbitrator shall determine. The results shall be bindmg only upon furtiier agreement of the parties. In the event tiiat a dispute should arise relating to tiie performance of tiie services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incuned in the defense ofthe claim, including staff time, court costs, attomey's fees and other claim-related expenses. 16. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matters herein. Each party to this Agreement acknowledges tiiat no representations, by any party which are not embodied herein and that no other agreement, statement or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement will be effective only if it is in writing signed by the parties. Should any provision herein be found or deemed to be invalid, this Agreement shall be constmed as not containing such provision, and all other provisions which are otherwise lawfiil shall remain m full force and effect, and to tiiis end the provisions of this Agreement are severable. Engineering C<»isultant Agreement Noble Consultants, IncTBuena Vista Lagoon Foundation Page 5 of5 WHEREFORE, the parties hereto have caused this Agreement to be executed on the day and year first above written. DATI CLIENT: Regg V. Antie, M.D, President Buena Vista Lagoon Foundation, Inc. PO Carload, CA 92608 9/7d/^^ DATED: ^^y^^ NOBLE CONSULTANTS, INC August 25.2008 RECEIVED Sa'^ SEP 0 2 im Buena Vista Lagoon Foundation ^ ^ r^r^ P.O. Box 4516 CITY OF CARLSBAD Carisbad. CA92008 PLANNING DEPT RE: Proposal for Professional Engineering Design Sennces Buena Vista Lagoon Foundation Boardwalk Dear Regg, Pursuant to our recent discussions Noble Consultants Inc. (NCI) is pleased to submit this proposal for Professional Engineering Design Sennces for your proposed boardwalk at the Buena Vista Lagoon (BVL), In Carisbad, Califbmia. V\te understand that the Buena Vista Lagoon Foundation (BVLF) is planning a boardwalk that would provide a public use trail, and an Important link between the City of Carisbad and the City of Oceanside. Public Interest on the site lies In passive recreation Including fishing, walking, nature obsen/ation, education and interpretation of the site's unique biological habitat. The BVLF Is considering two boardwalk altematives, whteh are described below. Altemative A: This boardwalk altemative will run straight and parallel to the Carisbad Boulevard - South Coast Highway roadway, connecting the kiosk at the Nature Center with Maxton Brown Pari^. A straight layout is prefenred over a more expensive meandering layout that would follow the shoreline contour. The boardwalk would be elevated above the 100-year flood line. Since the roadway is below the 100-year flood line, the proposed boardwalk may block views of the lagoon from the roadway. The boardwalk wouki be located at a minimum of fifteen feet from the roadway to alleviate the perception of noise ft-om traffic, altow a sense of removal and mitigate the awkwardness of being elevated above the roadway traffic. In addition, as future developments In the area take place it would be expected that the Improved roadway would be elevated above the 100-year fiood line allowing fbr better views of the lagoon firom the roadway. The boardwalk would feature viewing decks to allow users to sit and rest as well as view the lagoon with no interference on pedestrian traffic. Figure 1 shows the layout of Altemative A. Altemative B: This altemative would extend access to a more remote area of the lagoon. Altemative B is similar to /Utematlve A, except that it features a bifurcation that would mn In the East-West direction firom the main boardwalk. This branch would be built on the existing shoal fronting Maxton Brown Pari< and would allow pedestrians to observe the lagoon firom a location east of the main boardwalk. Figure 2 shows the layout of Altemative B. • NOVATO 359 BEL MARIN KEYS BLVD.. SUITE 9. NOV.^TO, CA 94949-5637 (415) 884-0727 FAX (415) 884-0735 • IRVTNE 2201 DUPONT DR.. SUITE 620, IRVINE. CA 92612-7509 (949)752-1530 FAX (949) 752-8381 0 SANDIEGO P.O. BOX 231531. ENCINITAS, CA 92023-1531 (760)715-8537 Imp: MMW.nohleconsiihants. com NOBLE CONSULTANTS, INC. Dr. Regg Antle President Buena Vista Lagoon Foundation BVL Boardwalk ProfBssional Engineering Design Services August 25,2008 Page 2 of 9 Figure 1. BVL Boardwalk - Altemative A. BEST COPY NOBLE CONSULTANTS, INC. ^ Or. Regg AnOe Presidertf Buena Vista Lagoon Foundation BVL Boardwalk Professional Engineering Design Services August 25,2008 Page 4 of 9 The BVLF envisions, for both Altematives A and B above, that the boardwalk would be built of treated timber given its natural appearance. However, concrete piles may be considered for the foundation. Furthermore, the BVLF envisions a boardwalk design that wiii provide a continuation to the path system at both the Nature Center and Maxton Brown Paxk. Conforming with state and local codes, the boardwalk shall include handrails (guardrails) on both skfes. walking surface, viewing decks, and shall incorporate accessible paths and ramps to facilitate easy pedestrian flow and ADA accessibility. The boardwalk should not feature changes in elevation to facilitate the transit of the ADA user. All timber used In the constructton of the boardwalk shouid be specified to be treated to prevent decay, firom insect attack, biological deoiy. ultraviolet light exposure, stress firom wetting and drying, and moisture. The boardwalk shall be constructed over the shoreline and shoals with none or minimal water surface undemeath it. Figures 3 and 4 shows different views of a conceptual design of the boardwalk that has been considered by the BVLF. The conceptual design was provided to NCI by the BVLF for guMance purposes only. Figure 3. BVL Boardwalk conceptual design. COPY w NOBLE CONSULTANTS,INC. Dr. Regg Antle PresMent Buena Vista Lagoon Foundatkm BVL Boardwalk Professional Engineering Design Sen/ices August 25,2008 Page 5 of9 2x5 handrail Cap Timber or Concrete Files Spacing and Diameter TBD Figure 4. BVL Boardwalk conceptual design. The following describes In detail the Scope of Sen/lces proposed by NCI to develop the final design of the BVL Boardwalk. Scope of Services NCI proposes to develop the BVL Boardwalk design with a phased approach, whteh will consist of the fdlowing: • Phase 1 - Concept Design Fonnulation o Task 1.1 Data Collection and Review o Task 1.2 Field Investigations o Task 1.3 Design Chan^ette o Task 1.4 Preliminary Boardwalk Design Memorandum • Phase 2 - Procurement of Permite o Task 2.1 CEQA Exemptton o Task 2.2 Collection of Environmental Information o Task 2.3 Prepare Screencheck Draft IS/MND o Task 2.4 Prepare Draft IS/MND o Task 2.5 Prepare Final IS/MND and Mitigation Monitoring Reporting Program • Phase 3 - Final Boardwalk Design o Task 3.1 90% Completion Design o Task 3.2 Final Design The following secttons describe each phase and tesk. Phase 1 - Concept Design Formulation In this phase NCI wiii perform a series of investigations, analyses and activities In order to characterize the physteal conditions of the site, identify property boundaries and devetop a preliminary design of ttie BVL Boardwalk. The end result of tills phase will be a Preliminary Design Memorandum which will be submitted to the BVLF for review and approval. The memorandum will consist of plan and top views of the boardwalk, deteils of representative sections, and an outiine of specifications. The Preliminary Design NOBLE CONSULTANTS,INC. Dr. Regg Antle Presklent Buena Vteta Lagoon Foundatton BVL Boardwalk Professional Engineering Design Services August 25,2008 Page 6 of 9 Memorandum will describe tiie BVL Boardwalk with sufficient detail to procure pemiits. The following paragraphs describe the woric to be peribnned in each tesk of this phase. Task 1.1: Date Collection and Review This task effort vwU consist of collecting, analyzing and reviewing the property records on file with ttie City of Carisbad, City of Oceanside, County of San Diego, Calrfornia Dejaartment of Fish and Game, BVLF, etc. in order to detennine property righte, property line boundaries, roadway drawings and specifications, easement Infbmiation, ete. In addition, NCI will procure publicly available infomiation such as geotechnteal, topographte, battiymetric and utilities sun/eys, relevant GIS data and aerial photographs relevant to ttie profect area. NCI assumes ttie assistance of a BVLF staff member to perform ttiis task. Task 1.2: Field Sun/evs In ttie event that geotechnical, topographte, battiymetric or utilities sun/eys are not available or do not provkie ttie necessary information. NCI will peribnn ttie sun/eys to characterize ttie project site to ttie level required for the boardwalk design. Task 1.3: Deskm Charrette Utilizing tiie resutts of ttie previous tesks, and ttie conceptual designs suggested by ttie BVLF, NCI will interact wtth ttie BVLF in a one-day design chanrette wtth ttie purpose of selecting an attemative for design. Viewing deck tocations. boardwalk end tocations, etc. are features ttiat will be discussed in tiiis session. A graphte record of ttie selected design in response to ttie resulte of ttie design charrette wiil be produced. Task 1.4: Preilminan/ Boardwalk Design Memorandum Based on the resulte of ttie Design Charrette, a preliminary design of the BVL Boardwalk will be produced. The preliminary design, to be described In ttie Preliminary Boardwalk Design Memorandum, will consist of plan and top views of ttie boardwalk, typical sections, preliminary opinton of consbuction coste. and an outiine of spedfications. This memorandum will be submttted to ttie BVLF for review. Once approved by ttie BVLF. ttie memorandum will constitute ttie basis finom which ttie final design will be developed. The Prelininary Design Memorandum wiU describe ttie BVL Boardwalk wtth suffident deteil to procure permtts. Phase 2 - Procurement of Permits The boardwalk project will be sut>)ect to review firom several agendes firom whom permtts and approvals will be required in order for ttie projed to be auttiorized for construction. The Ctty of Cartsbad and ttw of Oceanskte. ae expected to have the jurisdtettonal responsibiltty for ttie project iBquremente of Ihe CaliiDnriia Environmenial Quality Act (CEQA). The main purpose of CEQA review is to identify and prevent potentially significant environmental impads. in ttiis phase. HCI will engage ttie servtees of Chambers Group, a recognized environmentel consultancy fimi witti offices Sai Diego and Soiihem Califoniia to prepare pursue a CEQA exempt status and Mttigated Negative Dedaralion if necessary. This scope of senm^es does nd indude to pro(fcj(» an Environmental impad Report <BK be Jki^sd to asasl ttie ^/LF In prtjvk&ig ttie required technical It^ormation, exdudmg an EIR. to obtain Ihe perii^ and approvalft. »IMS be the BVLPs responstt^ to apply lo^ and host any meetings ttiat may be required, and manage and execute all admlnistrattve tasks related to ttie procurement of permtts and approvals. Task 2.1: CEQA Exemption The CEQA review process wiii involve a first step in whteh the Lead Agency Ci.e. ttie Ctty of Cari^iad) wtit examine ttie projed to detennine whettier ttie prpjed is subjed to CEQA at aH. if the projed Is exemi:^ the process does nd need to proceed any further and the agency may prepare a Nott^ NOBLE CONSULTANTS, INC. Dr. Regg Antle Presklent Buena Vista Lagoon FourMlatton BVL Boardwalk Professional Engineering Design Services August 25,2008 Page 7 of 9 Chambers Group will investigate whettier the proposed projed qualifies for an exemption under CEQA. If an exemption can be justified, Chambers Group wili prepare ttie exemption fomri and also 2 or 3 pages of explanation as a back up to the request for an exemption, tt will be tiie BVLF responsiblltty to apply for the Notice of Exemption. If tiie projed is not exempt, tiie Lead Agency will teke a second step and will request to condud an Inttial Study to detemiine whetiier ttie projed may have a significant effed on ttie environment If ttie Inttial Study shows that ttiere is no substantial evktence ttiat the projed may have a significant effed on the environment, the Lead Agency wiU prepare a Negative Dedaration. Chambers Group will prepare an Inttial Study/Mttigated Negative Dedaratton (IS/MND) in compliance wtth Califomia Environmental Qualtty Ad (CEQA) acoordng to ite folowing tasks: Taak2.2 Cdledtonof Environmantel Infonnation Chambers Group wiU attend a ktek-off meeting wtth the BVLF and also perform a brief reconnaissance vistt to ttie projied stte. Chambere Group assumes that the BVLF wil provkle previously acquired ffifonna^on on the iMdog^. cuttural, eto. lesources and otfier environmental condtttens at the projed s^ Noliekjwortcarsunraysare praiXMedaspart ofthisso^ Lagoon RestoreiionPfpied and Elftfiiisiniofmato TaakZa Pren^gm'Y*TffyPr^f^^n For ttie IS, ttie format wUI be based on ttie current CEQA Guidelines. This fomiat fisHows that of an expanded CEC2A dieddist focusing on respondirig to the levd of irnpad se^^ found Sl 15 s^iarsie enyHtximer^ {fedpilnes. A bri^ sutetantiation for level of impad for each cheddist qu(^^ he pr^^ared. MHIgarilon. ^ needed, wH be proirfded, as wH detamwialian of MMher any residual impads iMuU remain ai^ A ^TB^siisdc C^aS IS^IND (SD IS/MND) t>e pF^>ared. and five (5) copies and an eledronte copy win be ^^iM}nRttted to Itie B^4F for fe^fi^ FoHom^lhaBVAFrei^afttieSDIS/ilND. Chambeis Group wotid ihcorporals fite BVLPs comme;^ ar^l prsp^ ^ Drs^ IS/MND for ptt^ reviewr. A final Draft IS/MND wUI be prepared, and f»/e (5) copies and m elocferonic copy will b& subvnittc^ ^ tfie %iai f^\4eflr. ttls^^^?^^^t^ewi:^t}eone(1)i»sidof coimiienterecenQdon ^ SD 1S/14N0. If mote review is required, revi^ons would be pti^fomied on a tOTie-and-a^xanses basis aboitt thft cost IdMySsrt M Ihis prefiQSBlv Task 2.4 PPBoare Dial ISltiD Folowing the BVLFs one round of review of the SD iS/KB4D, Chambers Grot.^ woukl re^^ ttie document ID relert IBVLF comments and would pr^xare the Draft ISA4ND for pubSc review. The Dt^ft ^i%^iD'^jMbQ^^Js^fOTp^A^mvfi3^nc^r3^^ Tlie piisfic review period $ti^:iB not be }c.$s itlian 30 days. The cos^ includes t^ie prepardl 50 cc^)les of ttie IS/MND. Ctanbere GroupMiberKporisS)le for rna^r^ to SDoipics of tbe Dnift IS/M^C^ to a nns*;^r^ list stipinted by the BVLF or the Lead Agency. Chambers Grou9> will prepare the Notice of Cornp^etiorVNot'ice of Av^itabnity. Tg<ik 2.5 Preoare Final lS/Mf<) and Mitigation Monitoring Reo^^ The Preiminafy Final IS/MND wmid indude the writfer. and org? comments, re^xm^^ to ootntnent^, s^id imiBed pages to tie Draft IS/^D and woukl be submtttctd fbr revtow by the BVLF. The Drafl MitigM>or> Monltom-^ iiiid Rt5j5ottttig P^an ^^M^ imM tsfeo fee pn3p?3R^ for ref^new by the BVLF. Qiatidiers Group ^Vatf will woik with NCI and tho BVLF to dotofmine tho appfopdate mitixiatfon measures and monloring program to best meet ttie requiremente of Ihe ISAIND and the ivpjed apj^^ Tho Prs!8?wi5ay Fm^ ISf^f^ ^ S^^RP yM be prepared, and five (^ copies and an electronic copy will bo submitted to the BVLF for review and asmment Fdkw«ng the BVLFs one round of review of NOBLE CONSULTANTS,INC. Dr. Regg Antle Preskient Buena Vista Lagoon Foundatton BVL Boardwalk Professional Engineering Design Sen/ices August 25,2008 Page 8 of 9 the Final IS/MND and MMRP, Chambers Group would Incorporate ttie BVLF commente and prepare ttie camera-ready copies of ttie Final IS/MND fbr final BVLF review and approval. If ttie Inttial Study shows ttiat ttie projed may have a significant effed on ttie environment, ttie Lead Agency wM Ma a ttiint step and request ttie preparation of an Environmental Impad Report (EIR). NCI and Chambere Group m not condud ttie EIR. or any study to support tt. tt Is noted ttiat infomiation and date required to compiete ttiis phase is already available firom ttie ongoing Buena Vista Lagoon Restoration Projed and QR. Therefore: • No btologteal fiekl surveys are induded in ttils proposal. Chambere Group wiU rely on prevtous btetogteal sun/eys supplied by the BVLF. • This proposal does not indude coste for archival research beyond that at ttie Soutti Coastal Information Center, formal recordation of resources, test excavation of archaeotogteal sftes, or fonnal evaluation of archaeotogteal srtes or historic resources for eligibiitty to ttie CRHR. If any of ttiose services ara requirsd, a sspsa^ite scope of woric and co^ vwH be submttted upon request based on the necessary level of efibft • Scope of woric does not address ettinography or ardittedural history woric. • For the purposes of ttiis proposal, no historic (45 yeare dd or dder) buUdings or otfier buUt environment features above ground level are assumed to be present wtthin ttie projed area. • No tocal. state, or federal agency permtts. review, or approval for general access and archaeotogteal field sun/ey recjuired. Phase 3 - Final Boardwalk Design Upon ttie award of the envlronm«ital permtts and approvals, NCI will produce the final boaKivraLk dasign and submtt tt in two steps: a) 90% compietion design and b) final design. Thc otsjcctivc of this uvo-stcp submtttal is to provkie the BVLP wtth an opportuni^ for a final review prior to finalizing the design and The fdtowing is a Ust of the deliverables for each sitoittat: Task 3.1: 50% Completion Design a. Titie and Index Sheet b. Stte Pian c. Prc3jed Plan and Profile Drawings d. Stmctural Details c. Prdlmlnary List of Technteal Specifications Task 3.2: Final Deskin a. Final Titte and Index Sheet b. Final Stte Plan c. Final Projed Plan and Profite Drawings d. Final Strudural Details e. Complete Technteal Spedfications f. Ali engineering calculations in notebook fomnat g. Three sete of drawings NCI wtti respond to City's plan cheek cGmnients fcftcwing rsv?^// cf ths Cw/s tmm Bssig.n submitta? Fdkjwing ttie Ctty approval and issuance of a wuM^^^^ sdkA bkls from quaiiffied oontradore. NOBLE CONSULTANTS,INC. Dr. Regg Anfle President Buena Vista Lagoon Foundatton BVL Boardwalk Professional Engineering Design Sendees August 25.2008 Page 9 of 9 Engineering Services Fee Compensation for ttie completion of ttie woric described in ttie Scope of Sen/tees above shall be a total Lump Sum Fee of $158,000. The table below provides a breakdown of tiie fee and estimated time to comptete each phase. Cost Time to Complete Phase 1 - Concept Design Formulation $66,000 3 montiis Phase 2 - Procurement of Permtts $38,000 ** Phase 3 - Final Boardwalk Design $54,000 4 months Estimated Total $158,000 - time to complete is unknown and depends on public agendes. The following condttions wili apply: NCI will inttiate tiie design woric after receipt of Purchase Order or fOnnal Notice to Proceed. NCI win invdce ttie BVLF on a montiily basis based on percentege of woric completed. Invoices will be due upon receipt A1.5% per montti interest will be charged on invdces not paid wtthin 30 days. This proposal is valid for 60 (sixty) days from date of submtttel. If you concur wtth ttiis proposal for our above-kJentified Scope of Sen/ices, please provide us wtth a written Notice to Proceed. At ttiat time we will execute ttie attached Engineering Consultant Agreement. We look forward in ttie opportuntty to provkie you our servtees. Rease catt me if you have any questions regarding this proposal. Sincereiy, NOBLE CONSULTANTS, INC. Claudio Fassardi Associate Engineer Cevin Pointer - Re: Re: Ag mit grant '-"^ Page 1 of! i'rom: "Regg Antle" <reggantle@cox.net> To: "Kevin Pointer" <Kpoin@ci.carlsbad.ca.us> )ate: 10/09/2008 4:52 AM Subject: Re: Re: Ag mit grant :C: "Ronald Wootton" <wootland@cox.net> Attachments: NCI - BVLF Boardwalk Professional Engineering Services Proposal 082908.pdf vBvin-Task 1 components are completely detailed in exhibit A pages 5&6 that I gave to you at the last Ag Mit meeting. I thought I lad also emailed you this final document Anyway find attached this document Funding is no longer broken down by task, but by *hase as already provided. Completion date Phase 1 is now Jan 31,09. ^egg Original Message From: Kevin Pointer To: reggantle@cox.net Cc: Ronald Wootton Sent: Wednesday, October 08, 2008 9:51 AM Subject: Fwd: Re: Ag mit grant Due to internet server errors experienced by the City yesterday afternoon, the below email is being fon/varded again to ensure your receipt. We apologize for any delay you have experienced in communications with the City of Carlsbad. »> On 10/07/2008 at 10:01 AM, in message <48EB338E.BB18.0063.0(g).ci.carlsbad.ca.us>. Kevin Pointer wrote: " Good morning Regg, Would you please fonA/ard a revised project schedule with as much detail as provided in the originally submitted "Project Funding Schedule" so that individual tasks within each phase are identified? (See attached). Additionally, would you please provide the City with an anticipated date for the completion of Phase 1? Sincerely, Kevin Pointer CityofCarlsbad Associate Planner (760) 602-4620 (760) 602-8559 fax http://mw.carlsbadca.gov/ . Conserve resources....Print this email only if you need to. »> On 10/07/2008 at 9:39 AM, in message <002201c9289b$4a84dl30$a477c548@P4>, "Regg Antle" <reggantle@cox.net> wrote: Kevin I am sending the W9 under separate cover. We have revised the costs for the project because of the delay in signing. Noble is charging us more. We will remain in the guidelines and the total cost is $164,000. ile-//r.-\T)ociiment.<? and SettinPs\Knoin\T.ocal Settings;\Temn\XPpmwi.se\48RD8R09GW-DomainPO-FDl... 10/17/200^ Page 2 of: •^hasel-Concept Design Formulation $68,000 3 months to complete Phase 2-Procurment of Permits $38,000 Time unknown* Phase 3-Final Boardwalk Design $58,000 4 months to complete *time to complete is unknown and depends on public agencies Regg Original Message From: Kevin Pointer To: regaantle@cox.net Sent: Tuesday, September 23, 2008 8:26 AM Subject: Re: Ag mit grant Good morning Regg, On August 25 2008 the City received your request for partial disbursement of awarded grant funding from the Agricultural Conversion Mitigation Fee fund in the amount of $68,000. At the September 2, 2008 Agricultural Conversion Mitigation Fee Committee meeting staff informed you of our need for additional information to accommodate your request. Subsequently, on Sept. 18th the City received a copy of the Engineering Consultant Agreement entered into between Buena Vista Lagoon Foundation (BVLF) and Noble Consultants, Inc. After our review we've determined that the information we've most recently received is not consistent with the project schedule on file and submitted on July 13, 2007. The purpose of this email to request that you provide clarification of the discrepancies so that the City mav proceed with disbursement of funds. Our recommendation is that you clarify this information by providing a revised/updated project schedule. Additionally, staff is reauestina that vou complete and return the attached Supplemental W-9 form for processina of the pavment. In your August 25th email you indicated that BVLF is requesting disbursement of $68,000 (ofthe awarded $164,000), however, the project schedule you submitted to the City on July 13, 2007 cites Phase 1 funding allotment at $60,000. To clarify this discrepancy, it is recommended that you submit a revised project schedule with funding totals that align with your most recent disbursement request It is also very important that the total funding scheduled does not exceed the awarded total ($164,000). Tasks within each phase may be re-categorized, as long as we are able to determine that the request aligns with and is substantially similar to the awarded grant project. Additionally, it is requested that the revised project schedule contain dates for which completion of each phase is expected. At the September 2, 2008 Agricultural Conversion Mitigation Fee Committee meeting you indicated to staff that Phase 1 is already underway. Additionally, the project schedule on file identifies that Phase 1 is scheduled to take 3 months. With that in mind, please provide the City with a reasonably expected completion date for Phase 1 (and subsequent) tasks as part of the revised project schedule. Lastly, in order for staff to disburse funding it is required that you complete and submit the attached Supplemental W-9 form for accounting purposes. Should you have any questions regarding the information necessary for the City to release the funds, please don't hesitate to contact me directly. Sincerely, Kevin Pointer CityofCarlsbad Associate Planner (760) 602-4620 (760) 602-8559 fax hrtp://www.carlsbadca.gov/ ///-(. A„ J C<^*4-^*^, «\VPart^wi-cp\48Fn8FaQrTW.nnmainPO-FDl... 10/17/200^ »> On 09/05/2008 at 8:34 AM, in message <48C0EF10.BB18.0063.0@ci.carlsbad.ca.us>, Kevin Pointer wrote: Good morning Regg, To follow-up on your below email, as well as to provide a reminder of our conversation at the Agricultural Conversion Mitigation Fee Committee meeting on Tuesday, the City is awaiting submission of the engineering consultant agreement with Noble Consultants, Inc. in order to continue with processing of the check request to fund the Buena Vista Boardwalk project. Please let me know if you have any questions. Page 3 of: Conserve resources....Print this email only if you need to. Sincerely, Kevin Pointer City ofCarlsbad Associate Planner (760) 602-4620 (760) 602-8559 fax http ://www.carlsbadca. gov/ Conserve resources....Print this email only if you need to. »> On 08/25/2008 at 7:39 PM, in message <006501c90724$ea801750$da81c548@P4>, "Regg Antle" <reggantle@cox.net> wrote: Scott Per our phone conversation. We have signed a consultant agreement with Nobel Consultants Inc. to design and help permit the Boardwalk project Phase 1 - Concept Design Formulation, is now underway. We are applying for $68,000 to complete this phase. We are billed monthly and the clock is running. Per our letter 7/10/07 the payment is due. Should you need other documentation please let me know. Regg V. Antle MD, FAACS Pres. BVLF Off 760-726-6451 FAX 760-726-4822 reggantle@cox.net reggantle@cox.net •|lf--//r-\T^npiimpntc nnri S;pttino<3\T<rnnm\T nrcil S5f^ttinac\Tf>rnn\YParr»wi<:p\48Fn8F00rTW-nnrn?>inPn-FF)1 1 0/1 7/900^