HomeMy WebLinkAboutPlanning Systems Inc; 2007-03-20; PWENG591PWENG591
RATIFICATION OF AMENDMENT NO. 3 TO AGREEMENT FOR
ENVIRONMENTAL SERVICES FOR THE LAKE CALAVERA
REMEDIAL IMPROVEMENTS, PROJECT NO. 3821
This Amendment No. 3 is entered into the 19 a day of
but effective as of the 2gth day of November, 2009, ratifying the
dated March 20, 2007 (the "Agreement") by and between the Carlsbad Municipal Water District,
a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of
the City of Carlsbad ("CMWD), and Planning Systems, Inc., a California corporation,
("Contractor") (collectively, the "Parties") for environmental services.
RECITALS
A. On October 31, 2007, the Parties executed Amendment No. 1 to the Agreement
to prepare grading plans to be used in the wetland revegetation construction plans; and
B. On March 30, 2010, the Parties executed Amendment No. 2 to the Agreement to
continue monitoring activities as required by resource agency permits; and
C. The Parties desire to alter the scope of work of the Agreement to include
additional monitoring and reporting to the City and reporting agencies, and additional soil
analysis; and
D. The Parties have negotiated and agreed to an additional scope of work and fee
schedule which is attached to and incorporated in this reference as Exhibit "A Scope of
Services and Fee.
E. The Parties desire to ratify any amended scope of work already performed by the
Contractor without the benefit of this Amendment.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. The retroactive amendment of the Agreement is ratified.
2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor has provided, or will provide, those services described in
Exhibit "A.
3. CMWD will pay Contractor for all work associated with those services described
in Exhibit "A on a time and materials basis not-to-exceed six thousand five hundred dollars
($6,500).
4 Contractor will complete all work described in Exhibit "A" by March 25, 2010.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
General Counsel Approved Version #07.05.01
1
7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
PLANNING SYSTEMS, INC
a California corporation
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 191 1, and
a Subsidiarv Di-t of tMitv of Carlsbad
By: ,z
President, Executive Manager or designee
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ATTEST: A
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If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of
the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
hf\& 4 '
By: v
Deputy General ~o$sel
General Counsel Approved Version #07.05.01
2
LAND IJSEICOASTAI. P1,ANNINC;
LANDSCAPE ARCIIITETTUH~; 1.~3900 Exhibit "A"
SYSTEMS POLICY AND PROCESSIN(;
ENVIRONM&NTAL MI'l'I(:rYl'lON
May 4,2010
Ms. Sllerri Howard
Associate Engineer
CITY OF CARLSBAD
Public Works - Engineering Departnicnt
1635 Faratlay Ave.
Carlsbad, CA 92008
RE: INCREASE IN BUDGET REQUEST
Lakc Calavera Re~iledial Improvements Project Mitigatio~i Program
Ms. Howard:
Please consider this letter a request to increase the budget to provide fillding for una~~ticipated
Lake Calavera Dam Retiledial I~nprovemet~ts ~nitigation design and management services
perfor~ned by Pla~l~ii~~g Syste~i~s that has cal~sed tlie project to excccd the autllorized budget.
The atlditional work performed beyo~id tllose tasks ide~~tifietl in the original Scope a~td tlie ti~i~e
fra~ne of the additional work was as follows:
I. Whetl pre-planting soil test resnlts described conditio~ls tl~at wo~~ld not siipporZ the
approved planti~ig plan, Planniog Syste~!ls provitletl tearu coordination, additio~~al desig~i
services, and additional field visits to assist tlie co~itractor it1 i~~stalli~~g a revised pla~ititig
plan. Tinie frau~~e: April 2009 -May 2009
2. Revising the approvcd planting plan due to poor soil conditions in plots 4-6 resultcd ill
the need for additio~~al biological reporting. Time frame: April 2009 -May 2009
3. Preparing as-built cor~strt~ction tloci~~neilts required nore work than originally a~iticipatetl
because of tlie Plot 4-6 as-built cl~anges. Time frame: J111le 2009 - July 2009
4. WII~II tlie platlting was in the gro~~nd for three months and failu~u: of the as-built pla~lti~~g
at Plots 4-6 aooeared almost certain. Pla~~ninn Svstems directed and assistetl the A a .. ,
i~~stallatio~~ contractor during thee site visits to i~lstall vegetative plugs gatheretl from
nearby ~iatural vegetation to correct establishment failure. Time frame: August 2009
5. More i~ltcnsive mo~~itoring than was a~iticipated was tlecessaly to assess plant survival
and loss of tlie initially i~lstalled plants, and then again for the vegetative plugs i~~stalletl
Time fra~ne: June 2009 - September 2009
Funding requested - $6,500.00
If acceptable, please provide us with appropriate City of Carlsbad contract for~~is. Please contact
me if you llave any ql~estio~~s.
Greg Evans
PLANNING SYSTEMS
15.30 IIAKA1)AY AVI;NUL', SUI1'1'. IOU. CAH1,SUAI). C,\ 920UX. (760) 931-0780 F#\X (760) 931-5744. it~f~~@~~~l;~~~~li~lgsybI~lllb.IIUI
PLANNING SYSTEMS
Fee Scbedvlc
(Effective May 1,2005)
PRINCIPAL: $ 150.00lhr
LAND PLANNERSISCHOOL FACILITY PLANNERS:
Director of Planning S135.OOhr
Land/School Planner . S 95.00hr
LandlEnvironmental Planner . $ 75.00hr
Planner. $ 75.001hr
Planning Technician $ 50.001hr
LANDSCAPE ARCHITECTilUBITAT RESTORATION SPECIALIST:
Senior Restoration Ecologist . $1 10.00hr
Senior Lsl~dscape Architect . $1 10.00lhr
Project Manager $100.00/hr
Landscape DesignerIHabitat Resto~ation Specinlist $ 90.00/hr
Biologist/Consrmction Monitor ll , $ 90.001hr
Construction Monitor I . S 75.00lhr
Field Tech I , $ 60.00Ihr
OTHER
Expcn Wilness/Dcpositio~eIaled Attorney Consult , $350.00/ht
Expen Witness Research $250.00hr
GraphidCAD Operator . $ 65.0Ohr
RcsearcherlRepolt Editing , $ 50.00hr
Word Processing $ 45.00lhr
REIMBURSABLE EXPENSESIBULING POLICY:
Supplies and other dired costs such ns printing, reproduction, graphic aids,
travel (air fnre & meals), photography, postage, fm & delivery will be billed
at cost plus, I$%,
Lnvoices will bc issued on a monthly basis unless otherwise agreed. Accounts
are due and payable within 30 days of the date of invoice. Past due accounts
will have a finance charge of 1.25% compounded.
Any revisions to the fee schedule will be pmvided to you in advance of their
~nstitution. Revisi~rl will not affect fixed-fee, or not-to-exceed contract
nmount, unless Client temporarily suspends projffit for more than 90 days.
AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT
FOR ENVIRONMENTAL SERVICES
(PLANNING SYSTEMS, INC.)
This Amendment No. 2 is entered into and effective as of the & day of
Miarrh , 2010, extending and amending the agreement dated
March 20. 2007 (the "Aareement") bv and between the Carlsbad Munici~al Water District. a
Public ~~enc~ org'anizedunder the~inici~al Water Act of 191 1, and a subsidiary District of the
City of Carlsbad, ("CMWD"), and Planning Systems, Inc. a California corporation, ("Contractor")
(collectively, the "Parties") for (description of ~roiect).
RECITALS
A. On October 31, 2007, the Parties executed Amendment No. 1 to the Agreement
to prepare grading plans to be used in the Wetland Revegetation Construction Plans; and
B. The Parties desire to alter the Agreement's scope of work to continue monitoring
activities as required by resource agency permits; and
C. The Parties desire to extend the Agreement for a period of one (1) year.
D. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one (1) year ending on March 20, 2011 on a time and materials basis
not-to-exceed nineteen thousand dollars ($19,000).
2. Contractor will complete all work described in Exhibit "A" by March 20, 2011
3. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
General Counsel Approved Version #07.05.01
1
5. The individuals executing this Amendment 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 Amendment.
CONTRACTOR CARLSBAD MUNICIPAL WATER
PLANNING SYSTEMS, INC. a DISTRICT, a Public Agency organized
under the Municipal Water Act of 191 1,
and a Subsidiary District of the City of
Carlsbad
(print nameltitle)
w f designee
ATTEST:
?/"-
v(sign here) -
Secretary
~AZIL x ILWG+Y/D(~~. 8pw \\l1~1111, fi4( I $ \\\' *$,!Q%.h!!;i. 0 (print nameltitle) -2#. ..@ w>$.$.?
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(e-dail addre&) ?.%...$?~IFO?>.. *C;.Z;~ g.: ., \3 ......
"fr .>'- If required by CMWD, proper notarial acknowledgment of execution by Cbntcautdr must be
attached. If a Cor~oration, Agreement must be signed by one corporate officer from each of
the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By:- Deputy General C nsel
General Counsel Approved Version #07.05.01
2
EXHIBIT "A"
LAND USEICOASTALPLANNING
ENVIRONMENTAL MITIGATION
January 14,2010
Ms. Sheui Howard
Associate Engineer
City of Carlsbad
Public Works - Engineering Department
1635 Egraday Ave.
Cadsbad, CA 92008
Re: Anticipated invoicing and budget request Lake Calavera remedial i~~lproveme~lts
project mitigation monitoring
Ms. Howard,
In response to your e-mail of Dec. 22,2009, please consider the following budget for
March 26,2010 -March 25,201 1.
Anticipated Work:
Work Products
- (3) Quarterly monitoring and report to City, contractor and agencies
(1) Production and submittal of annual monitoring report to agencies - Preparation of remedial installation plan and palette - (14) Remedial installation site visits and contractor maintenance
recommendations
Funding requested: $19,000.00
Work will be done on a time and materials (T&M) basis. Billing will occt~r 011ly for
liours actually worked on the project. Any additional costs beyond this a~nount will
require additional authorization prior to completio~l of the services. Tlle amount
stipulated above will not be exceeded without prior written consent.
If acceptable please provide us with appropriate City of Carlsbad contract fonns. Please
contact me if you have any questions.
1530 FARADAY AVENUE SUITE 100 CARISDAD, CA92008 (760) 931.0780. ISAX (760) 931-5744. i~~foQplan~liagsystc~l~et
PLANNING SYSTEMS
Fee Schedule
(Effective May 1,2005)
PRINCIPAL: $150.00/hr
LAND PLANNERS/SCHOOL FAClLlTY PLANNERS:
Director of Planning $13S.O0lhr
LandISchool Planner . $ 95.00hr
LandlEnvironmental Planner . $ 75.00hr
Planner. $ 75.00/hr
Planning Technician $ 50.00hr
LANDSCAPE ARCHITECTIFiABITAT RESTORATION SPECIALIST:
Senior Restoration Ecologist . $1 1O.OOllv
Senior Landscape Architect . $1 IO.OO/hr
Project Manager $100.00/hr
Landscape DesignerIHabitat Restoration Specialist , $ 90.00/hr
BiologistJConstruction Monitor 11 $ 90.00lhr
Construction Monitor 1 . $ 75.00lhr
Field Tech 1 . $ 60.00hr
OTHER:
Expert Witness/DepositiodRelated Attorney Consult , $350.00/hr
Expen Witness Research $250.00/hr
GraphicICAD Operator . $ 65.00hir
ResearcherIReport Editing . $ 50.00hr
Word Processing $ 45.001hr
REIMBURSABLE EXPENSESIBILLING POLICY:
Supplies and other direct costs such as printing, reproduction, graphic aids,
travel (air fare & meals), photography, postage, fax & delivery will be billed
at cost plus, 15%.
Lnvoices will be issued on a monthly basis unless otherwise agreed. Accounts
are due and payable within 30 days of the date of invoice. Past due accounts
will have a finance charge of 1.25% compounded.
Any revisions to the fee schedule will be provided to you in advance of their
institution. Revision will not affect fixed-fee, or not-to-exceed contract
nmount, unless Client temporarily suspends project for more than 90 days.
AMENDMENT NO. 1 TO AGREEMENT FOR
PROFESSIONAL ENVIRONMENTAL SERVICES FOR
LAKE CALAVERA REMEDIAL IMPROVEMENTS, PROJECT NO. 3821
(PLANNING SYSTEMS, INC.)
This Amendment No. 1 is entered into and effective as of the _ day of
_ U* Cjr-t-4u^ _ , 200 "/ , amending the agreement dated
March 20, 2007 (the "Agreement") by and between the Carlsbad Municipal Water District, , a
Public Agency organized under the Municipal Water Act of 191 1 , and a Subsidiary District of the
City of Carlsbad, referred to as ("CMWD"), and Planning Systems, Inc., a corporation
("Contractor") (collectively, the "Parties") for professional environmental services for Lake
Calavera Remedial Improvements, Project No. 3821.
RECITALS
A. The original contract omitted the need to prepare grading plans to be used in the
Wetland Revegetation Construction Plans; and
B. The Parties desire to alter the Agreement's scope of work to include the prepare
of grading plans for the Wetland Revegetation Construction Plans; and
C. The Parties agree that O'Day Consultants can be added as a sub-contract to
prepare grading plans that will be used in the Wetland Revegetation Construction Plans.
D. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1 . In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. CMWD will pay Contractor for all work associated with those services described
in Exhibit "A" on a time and materials basis not-to-exceed twenty six thousand seven hundred
ninety one dollars ($26,791). Contractor will provide CMWD, on a monthly basis, copies of
invoices sufficiently detailed to include hours performed, hourly rates, and related activities and
costs for approval by CMWD.
3. Contractor will complete all work described in Exhibit "A" by June 30, 2008.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
General Counsel Approved Version #07.05.01
6. The individuals executing this Amendment 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 Amendment.
CONTRACTOR
PLANNING^YSTEMS, INC., a
corporatic
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the'lYlunidpa^ Water Act of/H3^ 1,
and a
Carlsba
By
(print name/title)
Secretary 0
(sign here)
. h«-T
,°:«-(print name/title)
(e-mail address} '
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFOor
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
^
puty GeneralCtiunsel
General Counsel Approved Version #07.05.01
* * i » i *• * !ft.la if f?
PLANNING
SYSTEMS
LAND USE/COASTAL PLANNING
LANDSCAPE ARCHITECTURE • LA3900
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
September 20, 2007
Mr. David Ahles
Engineering Department
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Re: Project No. 3821 Calavera Dam Remedial Improvements
Mr. Ahles,
As requested, attached is the O'Day Consultants proposal to provide engineering services for
revegetation construction documents necessary to comply with permit requirements of the
Calavera Dam Remedial Improvements Project. Planning Systems agrees to engage O'Day as
a sub-consultant to Planning Systems, and to provide project coordination with O'Day and the
City as necessary to perform the services specified hi the attached O'Day proposal. As per our
previous conversations, Planning Systems requests that the present terms of the agreement
Planning Systems has with the City (Agreement For Professional Environmental Services for
Project No 3821), be increased to add the following work:
1. O'Day Engineering Services (proposal attached)
2. Planning Systems coordination (10% of O'Day contract)
Contract amendment request total
Please call me if you need clarification or additional information.
Sincerely,
$24,356
J__2.435
$26, 791
'Greg
1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (7160) 931-5744 • info@planningsystems.net
Promo No. 07-0078
May 17, 2007
Page 1 of 2
Lake Calavera Wetland Revegetation Plan
Remedial Improvement Project
Scope of Work
Scope I: Lump sum fee of $5,800.00 due and payable upon percentage of work completed.
1) Riparian Delineation.
a. Office calculations and field survey for horizontal and vertical control.
b. Field survey to tie in field stakes set by Planning Systems to delineate the
limits of the existing/proposed riparian habitat.
c. Prepare exhibit to show riparian limit line.
Scope II: Lump Sum fee of $ 10,900.00 due and payable upon percentage of work
completed.
Grading Plan
1) Prepare and initial submittal of the following documents to the City of
Carlsbad:
a. Prepare grading plans for riparian habitat creation.
b. Prepare erosion control plans.
c. Calculate earthwork quantities.
d. Prepare Storm Water Pollution Prevention Plan.
e. Construction estimate.
Worked deemed complete when all information required by the City of Carlsbad
grading plan checklist is on the plan and ready for initial submittal.
Assumption: City of Carlsbad to provide digital topographic survey.
Scope III: Lump sum fee of $3,500.00 due and payable upon percentage of work completed.
1) Address plancheck comments from the City of Carlsbad after initial submittal
of Grading Plan and site plan changes after given notice to proceed.
Promo No. 07-0078
May 17, 2007
Page 2 of2
Scope IV: Lump sum fee of $2,500.00 due and payable upon percentage of work completed.
1) Prepare "as-built".
Scope V: Lump sum fee of $656.00 due and payable upon percentage of work completed.
1) Meetings and hearings (not to exceed 4 hours)
Scope VI: Lump sum fee of $ 1,000.00 due and payable upon percentage of completion.
1) Reimbursables, reproductions and data transfers
DOES NOT INCLUDE:
Agency fees
Application and processing
Conservation easement
Construction changes
Construction consultation
Construction Surveying
Dry Utility Engineering
Environmental documentation
Geotechnical Report
Hydrology study
Landscape and irrigation plans
Legal descriptions
Noise Analysis
Record of Survey
Reimbursable expenses
Remedial topo
Revisions to engineering plans and supporting documents due to changes in site plan
Soils Engineering
Specifications
Storm Water Management Plan
Structural Engineering/Retaining Wall Design
Title documents
Topographic survey
Traffic Engineering and signalization plans
CONSULT AX^N T S
Civil Engineering * Surveying
SCHEDULE OF HOURLY BILLING RATES
June 1,2006
OFFICE ENGINEERING
Project Manager $164.00
Proj ect Engineer 146.00
Design Engineer 129.00
AutoCad Technician 112.00
Drafter/Engineering Aide 85.00
Word Processing 60.00
FIELD ENGINEERING
3 Man Survey Crew $280.00
2 Man Survey Crew 195.00
GPS or Robotic Surveying 186.00
1 Man Survey Crew/Survey Chief 123.00
CONSULTATION
Principal $240.00
All out-of-pocket expenses, such as filing fees, printing, and reproduction costs, will be extra and
invoiced at our direct cost plus 15%. Prevailing wage projects will be charged a higher rate for
field engineering. Four (4) hour minimum charge for survey crew time. Any site visits less than
4 hours will be charged as extra work to fixed fee scopes of work.
Rates are subject to periodic increase.
O'Day Consultants Inc. E-mail: oday@odayconsultants.com
2710 Loker Avenue West, Suite 100 Website: www.odayconsultants.com
Carlsbad, California 92010-6609 Tel: 760.931.7700 Fax: 760.931.8680
AGREEMENT FOR
PROFESSIONAL ENVIRONMENTAL SERVICES FOR
PROJECT NO. 3821
(PLANNING SYSTEMS, INC.)
THIS AGREEMENT is made and entered into as of the <= _ day of
200*7. by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad, referred to as ("CMWD"),* and PLANNING
SYSTEMS, INC., a corporation, ("Contractor").
RECITALS
A. CMWD requires the professional services of an environmental services
contractor that is experienced in wetland revegetation, construction plans, and
construction support services.
B. Contractor has the necessary experience in providing professional
services and advice related to environmental services related to Lake Calavera
Remedial Improvements, Project No. 3821.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to CMWD and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of three (3) years from the date
first above written. The Executive Manager may amend the Agreement to extend it for
three (3) additional one (1) year periods or parts thereof in an amount not-to-exceed
twenty thousand dollars ($20,000) per Agreement year. Extensions will be based upon
a satisfactory review of Contractor's performance, CMWD needs, and appropriation of
funds by the CMWD Board of Directors. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
General Counsel Approved Version #1 1 .28.06
1
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be one hundred forty five thousand dollars ($145,000). No other compensation for
the Services will be allowed except for items covered by subsequent amendments to
this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention
until CMWD has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
CMWD. Contractor will be under control of CMWD only as to the result to be
accomplished, but will consult with CMWD as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CMWD will not make any
federal or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. CMWD will not be required to pay any workers' compensation insurance
or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which CMWD may be
required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD's election, CMWD may
deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to CMWD for the acts and omissions of Contractor's subcontractor and of
the persons either directly or indirectly employed by the subcontractor, as Contractor is
for the acts and omissions of persons directly employed by Contractor. Nothing
contained in this Agreement will create any contractual relationship between any
subcontractor of Contractor and CMWD. Contractor will be responsible for payment of
subcontractors. Contractor will bind every subcontractor and every subcontractor of a
subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
General Counsel Approved Version #11.28.06
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key
Rating of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless the General Counsel or Executive Manager approves a lower amount.
These minimum amounts of coverage will not constitute any limitations or cap on
Contractor's indemnification obligations under this Agreement. CMWD, its officers,
agents and employees make no representation that the limits of the insurance specified
to be carried by Contractor pursuant to this Agreement are adequate to protect
Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems
adequate, at Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
General Counsel Approved Version #11.28.06
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to CMWD's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The CMWD and the City of Carlsbad will be named as an additional
insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then CMWD will have the option to declare Contractor in breach,
or may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by CMWD to obtain or maintain insurance and CMWD may collect
these payments from Contractor or deduct the amount paid from any sums due
Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
General Counsel Approved Version #11.28.06
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of CMWD during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of CMWD. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to CMWD.
Contractor will have the right to make one (1) copy of the work product for Contractor's
records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in
CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD: For Contractor:
Name
Title
Carlsbad
Address
William Plummer
District Engineer
Municipal Water District
1635 Faraday Avenue
Carlsbad, CA 92008
Phone No. (760) 602-2768
Name
Title
Address
Phone No.
E-mail
Paul Klukas
Director of Planning
1530 Faraday Ave., Suite 100
Carlsbad, CA 92008
(760)931-0780
pklukas @ nctimes.net
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
CMWD will evaluate Contractor's duties pursuant to this Agreement to determine
whether disclosure under the Political Reform Act and CMWD's Conflict of Interest
Code is required of Contractor or any of Contractor's employees, agents, or
subcontractors. Should it be determined that disclosure is required, Contractor or
Contractor's affected employees, agents, or subcontractors will complete and file with
the Secretary of the Board those schedules specified by CMWD and contained in the
Statement of Economic Interests Form 700.
General Counsel Approved Version #11.28.06
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the CMWD an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times
observe and comply with these laws, ordinances, and regulations and will be
responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or CMWD will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive
Manager. The Executive Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the
action of the Executive Manager will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to
them at law.
General Counsel Approved Version #11.28.06
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
CMWD may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If CMWD decides to abandon or indefinitely postpone
the work or services contemplated by this Agreement, CMWD may terminate this
Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by CMWD and
all work in progress to CMWD address contained in this Agreement. CMWD will make
a determination of fact based upon the work product delivered to CMWD and of the
percentage of work that Contractor has performed which is usable and of worth to
CMWD in having the Agreement completed. Based upon that finding CMWD will
determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of CMWD, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to CMWD. Contractor will be paid for work performed to the termination date; however,
the total will not exceed the lump sum fee payable under this Agreement. CMWD will
make the final determination as to the portions of tasks completed and the
compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, CMWD will have the right to
annul this Agreement without liability, or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to
CMWD must be asserted as part of the agreement process as set forth in this
Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to CMWD, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et 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 CMWD seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this
Agreement.
General Counsel Approved Version #11.28.06
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD
and Contractor and their respective successors. Neither this Agreement or any part of it
nor any monies due or to become due under it may be assigned by Contractor without
the prior consent of CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
General Counsel Approved Version #1 1 .28.06
8
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
PLANNING SYSTEMS, INC.,
a corporation
S/J.*Bv:
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency
organized under the Municipal Water
Act of 1^911, and a Subsidiary District
~ jad
(print name/title)
(sign here)
(print name/title)
^fAtdhiVY
-mkil address)
designee
ATTEST:
Secretary
€ut(ve Manager or
(e )
If required by CMWD, proper notarial acknowledgment of execution by contractor,.
be attached. If a Corporation. Agreement must be signed by one corporate officer'fVorfl1'^
each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFOor
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
Deputy General Counsel
General Counsel Approved Version #11.28.06
EXHIBIT "A"
SCOPE OF SERVICES
Itemized List of what Contractor will do for CMWD and at what price.
General Counsel Approved Version #04/02/02
10
I PLANNING
| SYSTEMS
LAND USE/COASTAL PLANNING
LANDSCAPE ARCHITECTURE • LA3900
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
December 3, 2006
Christopher M. Muehlbacher
Associate Engineer
CITY OF CARLSBAD
Engineering Department
1635 Faraday Ave.
Carlsbad, CA 92008
RE: CALAVERA DAM REMEDIAL IMPROVEMENTS
PROPOSAL TO PROVIDE PLANS AND ENVIRONMENTAL MONITORING SERVICES
- COMPLIANCE WITH ENVIRONMENTAL PERMIT CONDITIONS
Dear Mr. Muehlbacher:
Planning Systems is pleased to submit a proposal to provide environmental permitting services
to the Carlsbad Municipal Water District (CMWD) for preparation of landscape plans, provision
of biological and noise monitoring services, construction monitoring, revegetation and mitigation
plans, reports and monitoring, and permit and planning satisfaction activities.
Tasks and costs associated with this proposal are provided as follows:
SCOPE OF WORK
1. Preliminary Work
A. Coordination and monitoring of survey staking, fencing and clearing of
construction area
B. Staking and coordination to finalize mitigation plot locations
2. Wetland Revegetation Construction Plans
A. Preparation and approval of Landscape Plan (USAGE #2, #3, #4), including;
1. Irrigation Plans, Planting Plans, Specifications, Details
2. Address Plancheck comments
3. As-Built plans
4. Meetings and coordination
B. Submit plant palette to CDFG for approval (CDFG #6)
C. Construction management to direct landscape installation
D. Post-installation 120-day establishment management and site visits
E. Construction management to direct grading (Grading and engineering plans will
be prepared by others)
1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • info@planningsystems.net
Christopher M. Muehlbacher
December 3, 2006
Page 2
3. Dam Construction - Monitoring, Coordination and Biological Surveys
A. Construction monitoring - One year (CDFG #17)
B. Pond turtle, CAGN, and nesting birds surveys (CDFG #10, #16, USAGE #22)
C. Biological monitor of construction and noise (USAGE #22, CDFG #17)
D. Flag perimeter of work (USAGE #10, CDFG #19)
E. Pre-Construction Education (RWQCB #4, USAGE #12)
4. Wetland Revegetation - Biological Maintenance, Monitoring and Reporting
A. Five years of monitoring and management of Revegetation (USAGE #20)
B. Site Preparation and planting report (CDFG #13)
C. Corps verification of site grading (USAGE #3)
D. Provide report on installation completion (USAGE #19)
E. Annual reports on status of Wetland Revegetation - 5 years (USAGE #2, CDFG
#14, RWQCB #21)
F. Prepare "As-built" report for Revegetation area (RWQCB #17)
5. Planning Coordination and Documents
A. Provide written notification to USAGE, USFWS, and RWQCB prior to initiating
work (USAGE #11)
B. Draft conservation easement for review and approval (USAGE #8, RWQCB #16)
C. Record conservation easement (USAGE #8)
D. Provide copy of all permits to contractors (CDFG #2, RWQCB #3)
E. Notify CDFG of initiation of construction (CDFG #3)
F. Process performance bond (USAGE #9)
G. Create contractor education program (USAGE #12, RWQCB #4)
H. As-Needed services requested by client
Task (from
above)
1.
2.
3.
4.
5.
TOTAL
Description
Preliminary Work
Wetland Revegetation Construction Plans
Dam Construction - Monitoring, Coordination and
Biological Surveys
Wetland Revegetation - Biological Maintenance,
Monitoring and Reporting
Planning Coordination and Documents
PS Cost
(Not to Exceed)
$6,000
$19,000
$45,000
$55,000
$20,000
$145,000
PLANNING f
SYSTEMS ^n*i
Christopher M. Muehlbacher
December 3, 2006
PageS
Planning Systems anticipated that the costs associated with this effort will not exceed $145,000.
Billing will occur only for hours spent in the above effort. Any additional costs beyond the
amount estimated above will require additional authorization prior to completion of the services.
It is understood that time is of the essence in this effort. Planning Systems will begin the work
immediately upon authorization.
If the provisions of this proposal are acceptable, please mail us the necessary agreement contract
documentation for execution.
PaulJ.Klukas
Director of Planning
Attachment - Fee Schedule
PLANNING SYSTEMS
Fee Schedule
(Effective May 1,2005)
PRINCIPAL: $150.00/hr
LAND PLANNERS/SCHOOL FACILITY PLANNERS:
Director of Planning .... $135.00/hr
Land/School Planner .... $ 95.00/hr
Land/Environmental Planner ... $ 75.00/hr
Planner $ 75.00/hr
Planning Technician .... $ 50.00/hr
LANDSCAPE ARCHITECT/HABITAT RESTORATION SPECIALIST:
Senior Restoration Ecologist . . . $110.00/hr
Senior Landscape Architect . . . $110.00/hr
Project Manager $100.00/hr
Landscape Designer/Habitat Restoration Specialist $ 90.00/hr
Biologist/Construction Monitor II. . . $ 90.00/hr
Construction Monitor I .... $ 75.00/hr
FieldTechl $ 60.00/hr
OTHER:
Expert Witness/Deposition/Related Attorney Consult $350.00/hr
Expert Witness Research .... $250.00/hr
Graphic/CAD Operator .... $ 65.00/hr
Researcher/Report Editing .... $ 50.00/hr
Word Processing $ 45.00/hr
REIMBURSABLE EXPENSES/BILLING POLICY:
Supplies and other direct costs such as printing, reproduction,
graphic aids, travel (air fare & meals), photography, postage, fax
& delivery will be billed at cost plus, 15%.
Invoices will be issued on a monthly basis unless otherwise
agreed. Accounts are due and payable within 30 days of the date
of invoice. Past due accounts will have a finance charge of 1.25%
compounded.
Any revisions to the fee schedule will be provided to you in
advance of their institution. Revision will not affect fixed-fee, or
not-to-exceed contract amount, unless Client temporarily
suspends project for more than 90 days.
4 2-
March20, 2007
ALL RECEIVfr
• f 'r>fnrma(j0_ -*,».. .
CM
TO:
From:
ASSISTANT CITY MANAGER
Communications Manager
Attached is a Frequently Asked Questions handout for Council and public use about the
Calavera Dam Improvement Project and surrounding open space access during
construction.
I collaborated with Public Works Project Manager Dave Ahles, and Liz Ketabian, Park
Planner on this document.
6LEC^IHDWEE
MAR 2 0 2007
CITY OF CARLSBADCITY CLERK'S OFFICE
n\
y
Calavera Dam Improvements
Frequently Asked Questions
• The Calavera Dam project will provide flood protection to those downstream
and bring the dam into compliance with state regulations.
• The construction plan avoids drainage of Calaveras Lake and minimizes
impact to the surrounding environment.
• Construction is expected to start this summer and will last about 10 months.
Foot traffic over the dam is not possible during this period.
What work is being done?
Improvements to the Calavera Reservoir include the construction of a
sophisticated drain and pump system to appropriately control the reservoir's
water level during heavy rain years. The upper 26 feet of the concrete tower will
be reduced to below normal water levels and the current, non-functioning valves
will be replaced with modern fixtures and piping.
Whv does it need to be done?
The existing valves, which have not worked for years, create a situation
during heavy rains where water could overflow the dam and cause downstream
flooding. This project will result in a new system that controls water flow out of
the dam during high water periods, provides flood protection, and complies with
state requirements for dam safety.
How long will construction take?
Construction will begin in the summer of 2007 and continue for about nine
months. Truck traffic will be minimal, and designated truck routes have been
chosen to minimize neighborhood impacts.
Construction hours are 7 a.m. to 4 p.m. from Monday to Friday.
Will the trails be closed during construction?
The contractor will close off a portion of the trails to be able to conduct
the work safely. Access across the top of the dam and access near the spillway
and the west end of the lake will be closed during construction.
While the Lake Calavera area is currently a popular place to hike and bike, the
trails are not "officially" part of the city's trail system and will not be improved by
Page 2 of 2 - Calavera Dam Improvements
City Trail volunteers or City crews until the Trails Master Plan has appropriate
environmental approvals and permits in place. For these reasons the City
currently does not encourage active use of these trails and would further
discourage hiking and biking in the vicinity close to the west end of the lake
during construction operations for the dam valve repairs.
Aren't the trails scheduled to be part of the City's Trail system at some
point in the future?
Currently the City of Carlsbad is developing the Lake Calavera Trails
Master Plan, which will upgrade and provide an official 6 mile trail system on the
City owned property around Lake Calavera. The trails are part of the Citywide
Trail Master plan and will serve to provide access to the City owned mitigation
site and preserve. Most trails will remain unpaved and will vary from 2' wide
single track to 12' wide shared use with utility easement/access roads that criss-
cross the site. It is anticipated that a decision on the Environmental Review will
be completed in summer of 2007 and shortly thereafter, improvements will begin
by trail volunteers.
The dam project will include a restoration and improvement so that hikers will
once again be about to cross the top of the dam after repairs are completed.
Will the dam be closed to fishing?
The reservoir has not been a fishing spot for many years.
Will police help to keep people out of the area?
The Carlsbad police respond to all calls for service, but do not anticipate
any increased criminal activity as part of the construction project.
How is the City letting people know about the project?
The City mailed a newsletter to Carlsbad residents that live in the Calavera Hills
and Rancho Carlsbad communities to make them aware of the project and its
impacts. Three more newsletters, signage, press releases and information on
the City Web site and in the Community Services Guide should help people feel
informed about the status of the project.
For more information, contact:
David Alhes, Carlsbad Senior Civil Engineer, 760-602-2748
***