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HomeMy WebLinkAbout1998-10-20; City Council; Resolution 98-3501 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 I RESOLUTION NO. 98-350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH RICK ENGINEERING COMPANY TO PREPARE ENVIRONMENTAL DOCUMENTATION AND PERMITTING AND FINAL ENGINEERING PLANS FOR THE PROJECT NO. 3338. RANCHO CARLSBAD CHANNEL AND BASIN PROJECT-PHASE II, WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds for the Drainage Channel and Desiltation BasinlCannon Road project; and WHEREAS, Statements of Qualifications were previously solicited to prepare a Drainage Concept Plan from qualified engineering firms; and WHEREAS, Rick Engineering Company was selected as the most qualified to prepare the Drainage Concept Plan and the Concept Plan has been completed in a satisfactory manner; and WHEREAS, Rick Engineering Company is the most qualified to prepare environmental documentation and permitting and final engineering plans for Phase II for a fee of $130,768 and that sufficient funds are currently available in the project account. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That a consultant agreement with Rick Engineering Company for preparation of environmental documentation and permitting and final engineering plans for Project No. 3338 as described in the attached agreement is hereby approved and the Mayor is hereby authorized and directed to execute said agreement. Ill 111 Ill Ill Ill Ill Ill Ill Ill 0 0 1 3. Following Mayor's signature of the agreement, the City Clerk is further authorized 2 3 4 5 6 7 8 9 10 11 and directed to forward copies of said agreement to Rick Engineering Company and the Engineering Department design division for their files. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 20 day of October , 1998 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Kulchin and Hall NOES: None 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL) 0 0 AGREEMENT FOR ENGINEERING SERVICES PROJECT NO. 3338 FOR RANCHO CARLSBAD CHANNEL AND BASIN PROJECT - PHASE II THIS AGREEMENT is made and entered into as of the a day of ?c orm3ER , 19=, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and RICK ENGINEERING COMPANY, hereinafter referred to as "Contractor." RECITALS City requires the services of an Engineering Contractor to prepare environmental documentation, permitting, preliminary engineering and final engineering plans for the Rancho Carlsbad Channel and Basin Project, Phase II; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS The Contractor shall perform the requirements as detailed in the Scope of Work attached hereto as Exhibit "A" and incorporated herein. 2. CITY OBLIGATIONS The City shall provide the items as detailed in Exhibit "A" attached hereto and incorporated herein. rev. 8/25/98 -1 - e 0 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt of notification to proceed by the City and be completed within three hundred sixty (360) calendar days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Public Works Director. The Public Works Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $130,768. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, "Changes in Work." The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the City Manager for one (1) additional one (I) year periods or parts thereof, based upon a review of satisfactory performance and the City's needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. rev. 8/25/98 -2 - 0 e 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS The Contractor shall deliver to the City the following items at the times indicated: ITEM DUE DATE, Five (5) hard copies and diskettes of Biological Technical Report At the completion of Environmental Task 2 for Detention Basin BJB At the completion of Final Engineering Five (5) copies of Hydraulic Design Report Permitting Task 7 Assessment Report At the completion of Environmental Five (5) copies of Environmental Site Site Plan Permitting Task 6 Investigation Report including reproducible At the completion of Environmental Five (5) copies of Geotechnical Study and responses to written comments Environmental Permitting Task 5 copy of Negative Declaration and Initial Concurrent with completion of Ten (1 0) copies and one reproducible Permitting Task 4 Cultural Resources Technical Report At the completion of Environmental Five (5) hard copies and diskettes of Permitting Task 2 Mitigation Plan At the completion of Environmental Five (5) hard copies and diskettes of Permitting Task 1 Within five (5) days of completion and approval of the 100% submittal for Detention Basin Plans and Revegetation Plans, the Contractor shall deliver to the City the following items: 0 Original mylars, completed without sticky backs, ready for Public Works Director signature. 0 Original plats and legal descriptions for right-of-way appropriately signed and sealed and legal descriptions on MS Word 6.0 or later disk. 0 One (1) set of improvements and grading plans and right-of-way plats on AutoCAD revision 12 or 13 on diskette. rev. 8/25/98 -3 - e a Contract specifications and cost estimate on diskette. All design related computer disks not described above. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad .. Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the 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, the City shall have the right to annul this agreement without liability, or, in its discretion, rev. 8/25/98 -4- 0 0 to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 1 I. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Public Works Director. : The Public Works Director shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The rev. 8/25/98 -5 - 0 0 City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act, 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 the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process 7a3mtial)// The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, -@ 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. rev. 8125198 -6 - 0 0 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's own way as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City.. shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not rev. 8125198 -7 - 0 0 limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records.. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 rev. 8125198 -8 - 0 0 work described herein caused by any willful misconduct, or negligent act, or omission 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. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized rev. 8/25/98 -9 - 0 0 in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City's conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A consultant. The disclosure category shall be all categories. rev. 8/25/98 -10 - 0 0 25. INSURANCE The Contractor shall obtain and maintain for the duration of the contract 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 work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall 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" and shall meet the City's policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits .. indicated herein, unless a lower amount is approved by the City Attorney or City Manager: I. Comprehensive 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 shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. rev. 8/25/98 -11 - 0 0 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor's profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. I. The City shall be named as an additional insured on all policies .. excluding Workers' Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing rev. 8/25/98 -12 - 0 0 policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 26. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: Title Name Address Public Works Director Lloyd B. Hubbs 2075 Las Palrnas Drive Carlsbad, CA 92009-1 576 Title Vice President Name Dennis C. Bowling, Rick Engineering Company Address 5620 Friars Road San Diego, CA 921 10 ArchitecVLicense Number: R.C.E. 32838 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in rev. 8/25/98 -13 - e 0 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this 5 t ' day of 0 LT- ,I9 7r. CONTRACTOR: RICK ENGINEERING C MPAN n &$ BY- (sign here) ' ATTEST: Houshmand Afiahi, Secretarv (print nameltitle) A* FdTgw\ City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY & * t City Attorney Q- L /b .LC. 90. rev. 8/25/98 -14 - CALIFORNIA ALL-PUR- @ AC.KNOWLEDGMENT 0 State of C’ Q%lFc!fl vvin 1 County of ani 01 EG 0 On Gk TLG~~ 5 , ~~~~ teforemeJl,u~~ S~Wd>tf/w, ~&7/Ct-n’c/ PC&(,, personally appeare&b,s c &dGA/+F hi.c g&/Dtw Name(s) d &-rc$ slensc(s) %‘*/,,,- 3 ~J~TG~,-~,.~~~* r’ wme cad Tw. omcer (0.S.. -.lam Doe. Nogy . .. &ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS m hand and official seal. &Q -dNogy- K,&L .I OPTIONAL Though the information below is not required by law, it may prove valuabk to persons relying on the document and COUM prevent fraudulent removal and reattachment of ibis fomr to another document. Description of Attached Document *eem&37 @a &6 ~/Ve%?INc s*Lm GZ Q@/w/C G-PL-5 Title or Type of Document: fi@P ckWh’@ x &A9& f-2~3- - fb?% //& 3 33 g) Document Date: Number of Pages: 2 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: I Signer’s Name: 0 lndividuai Cl Corporate Officer Title(s): El Partner - 0 Limited 0 General 0 Attorney-in-Fact Trustee- 0 Guardian or Conservator 0 Other: lropofl GiziGq I I I I Signer Is Representing: u 0 Individual 0 Corporate Officer litle(s): 0 Partner - 0 Limited 0 General Cl Attorney-in-Fact 0 Trustee- 0 Guardian or Conservator 0 Other: I I ~ Signer Is Representing: ~ I I I u 0 1994 National Notary Asscclabon 8236 Remmet Ave., P.O. Box 7184 Camga P& CA 913097184 wd. No. 5907 Reodm call TWm 1-8004764827 0 0 EXHIBIT "A" SCOPE OF WORK RANCHO CARLSBAD CHANNEL AND BASIN PROJECT PHASE II ~~ ~ ~~ ~~~~~ ~~ 1. CONTRACTOR'S OBLIGATION The following scope of work describes the tasks required for the Rancho Carisbad Channel and Basin Project, Phase 11. ENVIRONMENTAL DOCUMENTATION, PERMITTING AND PRELIMINARY ENGINEERING TASKS Task 1: Bioloaical ReDort 1. Prepare a list of sensitive species that could occur within the detention basin vicinity based on a search of the records of the California Natural Diversity Data Base (California Department of '- Fish and Game [CDFG]) and the California Native Plant Society, and RECON'S knowledge of local habitats. 2. Prepare an updated vegetation map showing natural plant communities and the observed locations of rare and endangered species. 3. Record any inventoried biological resources located during the survey and comply with the reporting requirements of the Natural Diversity Data Base. 4. Prepare a biological technical report which describes biological resources occurring in the project area, assesses the impact of the detention basin on the existing biological resources, and discusses mitigation measures, if necessary. 5. Submit the report to the client. $3,194 -15 - rev. 8/25/98 0 a Task 2: Mitiaation Plan 1. Prepare a mitigation plan describing measures to compensate for impacts to biological resources caused by the proposed detention basin. $2,906 Task 3 : PerrniUCertificatianlAureement Application Packaaes I. Schedule the project for one of the regularly scheduled pre- application meeting with the CDFG and USACE and attend the meeting with the client. 2. Prepare an application package as required by Section 1603 of the Fish and Game Code for alteration of the streambed on the project site. The package will include the completed application form and copies of appropriate environmental documents, including the biology technical report and the mitigation plan. 3. Prepare a letter to the U.S. Army Corps of Engineers (USACE) requesting confirmation that the project can proceed under the Nationwide No. 26 permit (Clean Water Act, Section 404). The letter will include the environmental documents as attachments. 4. Submit the 1601 application package to the client for signature, check inclusion, and forwarding to the CDFG. Following the client’s review, submit the Nationwide permit letter to the USACE. 5. Prepare a draft letter to the Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Act. Submit the draft letter to the client to be put on their letterhead, signed, and a check included. RECON will assemble and provide the environmental documents which will be included as attachments to the letter. 6. Expend up to six hours attending additional meetings and following up on the agreement and permits with the agencies. -16 - rev. 8/25/98 e 0 7. Additional studies may be required by the jurisdiction or resources agencies, such as directed searches for particular sensitive species. These and any other special studies would only be conducted with additional authorization from the client. $4,415 Task 4 : Cultural Resources Technical Report I, Conduct a cultural resources record search of archives at the South Coastal information Center at San Diego State University and the San Diego Museum of Man for the area within one mile of the project area. 2. Perform a cultural resources field survey for an area 500 feet on either side of the proposed Melrose Avenue connection centerline. 3. Prepare a cultural resources technical report based on findings from the records search and field survey of the project site, identifying all cultural sites that could potentially be impacted by the' project, assessing their likely importance, and recommending further studies or mitigation as required. $2,151 Task 5 : Environmental Documentation 1. Review prior environmental documents prepared for the project area. 2. Review the biological technical report, the cultural resources technical report, and other reports supplied by Rick Engineering. It is assumed that reports supplied by Rick Engineering will include a geological reconnaissance report, a Phase I hazardous materials assessment report, a traffic report, and a hydrology and water quality report. -17 - rev. 8125198 0 0 3. Prepare an Environmental Initial Study, based on the checklist from the appendixes to the CEQA Guidelines, utilizing the project information supplied by Rick Engineering and information from the review of technical studies as needed. 4. Prepare a Negative Declaration or Mitigated Negative Declaration supported by the Initial Study. 5. Submit five copies of the draft Negative Declaration and initial Study to the City of Carlsbad for review and prepare one set of revisions. 6. Submit ten copies, including a reproducible copy, of the revised Negative Declaration and Initial Study to the City of Carlsbad to be circulated for public review. 7. At the end of the public review period, prepare responses to written comments received on the Negative Declaration, submit the responses to the City for review, and prepare one set of revised responses to attach to the Negative Declaration. 8. Attend up to three meetings with Rick Engineering and/or City staff and one public hearing on request. $5,487 Task 6 : Geotechnical lnvestiaation 1. Review published geologic maps, aerial photographs, and other literature pertaining to the site to aid in evaluating geologic hazards that may be present. 2. Excavate 5 small-diameter borings to a depth of approximately 20 feet to examine and sample the prevailing soil conditions within the planned detention berm areas. 3. Excavate 2 small-diameter borings to a depth of about 15 feet to examine and sample the prevailing soil conditions within the area west of and adjacent to the confluence of the two creeks. 4. Perform laboratory tests on selected soil samples to evaluate in situ density, shear strength, consolidation, compaction gradation, and expansion characteristics of the prevailing soil conditions encountered. -18 - rev. 8/25/98 0 0 5. Prepare a written report presenting our findings and our conclusions and recommendations regarding the geotechnical aspects of constructing the detention facility and regrading a portion of the channel as presently proposed. Recommended grading specifications, slope stability analysis, excavation characteristics and remedial grading measures would be included in the report. A reproducible site plan with background topography and planned improvements will be required for this report. 6. Attend meetings with the City of Carlsbad and/or the design team on an as-requested basis. 7. Assist Rick Engineering Company in reviewing Project Specifications on an as-requested basis. $8,755 Task 7: Environmental Site Assessment Geocon proposes to perform a site reconnaissance and preliminary research to estimate the potential for existing impacts to the site (i.e., levels of hazardous materials/wastes likely to warrant mitigation action pursuant to current regulatory guidelines) from the presence of hazardous materials/wastes on or within the vicinity of the site. The guidelines used for the definition of hazardous materials/wastes are referenced in the California Code of Regulations (CCR), Tifle 22, Division 4.5. The proposed scope of services for the Phase I ESA is as follows: 1. Perform a reconnaissance of the site to assess for the presence, or make visual observations of indicators of the potential existing presence of hazardous materials, hazardous wastes, or soil and/or groundwater impacts on the site. These indicators include, but are not limited to, 55-gallon drums, underground and above-ground storage tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surficial soils, electrical transformers that may contain polychlorinated biphenyls (PCB's), and areas conspicuously absent of vegetation. Client would be responsible for Drovidina Geocon with a site Dlan clearly depictina the site boundaries. Client would also be responsible for obtainina Demission to enter the site prior to our visit. If access is unavailable to any portions of the subject property, Geocons ability to complete the assessment described herein may be hindered. Provisions for a survey of wetlands, earthquake faults, asbestos, lead-based paint, lead in drinking water, radon gas, and methane gas are not provided in this scope of services. rev. 8/25/98 -19 - 0 a 2. Perform a visual survey of the adjacent properties from the site and from public thoroughfares to observe general types of land use surrounding the subject property. 3. Review the Standard Environmental Records Sources: Federal and State referenced in American Society for Testing and Materials (ASTM) Designation E 1527-97 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process to obtain information regarding the potential presence of hazardous materials/wastes on the site or on properties located within the approximate minimum search distance specified for each source. 4. Review reasonably ascertainable regulatory agency files for the site and/or properties in the vicinity of the site whose environmental conditions might potentially impact the subject site. A maximum of three hours would be spent reviewing files. If additional file review time is needed, Client would be contacted and apprised of the additional fees prior to review. 5. Review California Department of Conservation, Division of Oil and .. Gas Field Maps to obtain information regarding the potential presence of oil and/or gas wells on the subject site or on adjacent properties. 6. Contact local public agencies by telephone or in writing to obtain readily ascertainable information regarding underground storage tank permits, building permits, agriculture-related permits and violations, air emission permits and violations, source of water and method of sewage disposal, location and depth of nearest drinking water wells, and electrical transformers. The information would be obtained for the subject site and adjacent properties with the exception of building permits, which would be obtained for the subject site only. The agencies contacted may include, but would not be limited to, the fire department, building department, air pollution control agency, agriculture department, water and sewer agencies, and gas and/or electric utility companies. 7. Review and interpret reasonably ascertainable aerial photographs to obtain information concerning the history of the site and adjacent properties. rev. 8/25/98 -20 - 0 0 8. Review EDR Sanborn, Inc. Fire Insurance Maps for the site (if available). The EDR Sanbom Fire Insurance Maps would be reviewed to obtain information concerning the historical uses of the site and the potential presence of underground storage tanks on the site. 9. Review pertinent and reasonably ascertainable information sources to evaluate physiographic, geologic, and hydrogeologic conditions in the vicinity of the site. The review would not include or address earthquake faults on the subject site or in the site vicinity, 10. Review documents provided by Client at Client's discretion. Potentially useful documents may include geotechnical, geologic, and environmental reports; site plans; plot plans; tenant lists; and correspondence with regulatory agencies. The review would not include or address earthquake faults on the subject site or in the site vicinity. 11. Review and interpret U. S. Geological Survey (USGS) topographic maps to obtain information relative to the topography and physical setting of the site, and previous development and uses of the site and properties within approximately ? mile of the subject site. 12. Review recorded land title records for the site to attempt to identify past or present property owners whose name (i.e., XYZ Chemical Corporation) implies that those entities may have used, generated, stored, or disposed of hazardous materials/wastes on-site. Title information dating back at least 50 years would be obtained from a title comDanv bv Client at Clients discretion and exDense. 13. Conduct interviews by telephone or in writing with present and past tenantdowners of the subject site to evaluate if present or past occupants have used, generated, stored, or disposed of hazardous materials/wastes on-site. The names and teleDhone numbers of the contacts for the above interviews are to be Drovided by Client. 14. Prepare a report summarizing the findings of the ESA. The report would qualitatively describe the potential for environmental impairment of the site. If necessary, the report would also provide recommendations for additional environmental services (i.e., a Phase II investigation) based on the findings of the Phase I ESA. $2,500 -21 - rev. 8/25/98 0 0 Task 8: Preliminarv Engineerina. Topo and Desian Survev The scope of work for Rick Engineering Company for this Phase I will be to provide exhibits for the detention basin and channel improvements, compile topography for the detention basin area noitherly of the mobile home park which will be used for preliminary and final design and perform field surveys in the mobile home park to verify the finished floor elevations for the mobile homes adjacent to the Calaveras and Aqua Hedionda Creek. These field surveys are necessary to validate the existing topography. It is assumed that the aerial topography for the mobile home park provided by Manitou Engineering will be acceptable mapping for use in preliminary and final engineering of the channel improvements. 1. Preliminary Engineering and Coordination and Expenses ($1,000.00) $8,900.00 2. Aerial Topography $7,800.00 3. Design Surveys $3,500.00 Subtotal $20,200.00 Total Environmental Documentation, Permitting and Preliminary $49,608.00 Engineering Tasks FINAL ENGINEERING TASKS: The scope of work for this phase of the project is as follows: Task 1: Final Plans. SPecifications, Cost Estimates. Easement Plats and Leaal Descriotions Prepare 40-scale improvement and grading plans, cost estimates, and specifications for the proposed BJB detention facility and related storm drain system and for the channelization needed at the confluence of the Calaveras Creek and Aqua Hedionda Creek. Additionally, grading plans will be prepared for the dredging of the Calaveras and Aqua Hedionda Creek adjacent to the mobile home park. Rick Engineering Company will prepare a legal description and easement plat for the detention basin located on the Robertson and school district properties. It is assumed that no additional easements will necessary for the grading within the channels. Additionally, it is assumed that no additional grading will be necessary for mitigation offsite. Provide plans, specifications, cost estimate and right-of- way engineering documents to meet City Standards and Policies in accordance with Attachment I, herein. 1. 40-scale improvement and grading plans, cost estimate, $37,100.00 specifications, plan processing, coordination, and printing and expenses ($3,000.00) (1 1 sheets) 2. Easement plat and legal description $2,500.00 Subtotal $39,600.00 -22 - rev. 8/25/98 0 0 Task 2: Final Hvdraulic Studies and Detention Basin Desiqns 1. Prepare and process final hydraulic design for detention basin BJB. $9,400.00 The design will be based on the analyses and drawings prepared for the Conditional Letter of Map Revision (CLOMR). The detention basin embankment will be established along the footprint of the proposed College Boulevard extension as approved by the City of Carlsbad. The detention basin will be designed to remain outside the jurisdiction of the Division of Safety of Dams (including $500.00 expenses). Prepare and submit five (5) copies of Hydraulic Design Report summarizing operational characteristics of Detention Basin BJB. 2. Prepare and process final hydraulic design for the Calaveras and $6,900.00 Agua Hedionda Creek channel improvements. The design will be based on the analyses and drawings prepared for the Conditional Letter of Map Revision (CLOMR) (including $500.00 expenses). Subtotal $1 6,300.00 Task 3: Reveaetation Plans Prepare revegetation plans (planting irrigation plans, specifications and cost estimates) for approximately a one-acre mitigation site, plantinglerosion control for the construction of the detention basin berm, revegetation of the proposed storm drain and the planting required for the new channel improvements. Provide plans, specifications, and cost estimates to meet City Standards and Policies in accordance with Attachment I, herein. 1. Revegetation Plans $1 3,075.00 2. Expenses $685.00 Subtotal $13,760.00 Total Final Engineering Tasks $69,660.00 MEETINGS (AS AUTHORIZED BY THE CITY OF CARLSBAD) These services include: 1. Resource agency meeting attendance (four meetings at three $2,400.00 2. Mobile home park presentation and exhibits (two meetings at $2,700.00 hours each) four hours each) (including $200.00 expenses) exceed 40 hours) 3. Park, school district, and property owner coordination (not-to- $4,000.00 4. Team status meetings (six meetings at two hours each) $2,400.00 Total Meetings $1 1,500.00 GRAND TOTAL FOR SCOPE OF WORK $130,768.00 -23 - rev. 8/25/98 0 e 2. CITY'S OBLIGATIONS A. The City of Carlsbad will provide the necessary title reports, maps, and right- of-way drawings to prepare the easement plat and the City of Carlsbad will obtain all appropriate signatures for the grant deeds. B. The City will act as the project manager and any outside coordination and support with public agencies, school districts, parks department, andlor property owners will be the City of Carlsbad's responsibility. In addition, the City of Carlsbad will be responsible for any agency processing or permit fees. C. As-builts are not included. D. Bid and construction support services are excluded from this contract. E. The final plans will be submitted on photo mylars. 3. INCREMENTAL PAYMENTS Fees shall be paid as lump sums for each of the tasks identified above. Progress 1 payments shall be based on the percentage of completion of each task as approved by the City and in accordance with Attachment I. rev. 8/25/98 -24 - , 0 0 ATTACHMENT 1 rable 1 through Table 3 define the City Plancheck Milestones, the timing and requirements of each submission, and the fee allocation ~er submittal milestone. TABLE ?. TIMING OF SUBMISSION MILESTONES 14 calendar days after 22 calendar days after 30 calendar days after 60 calendar days after Elapsed Time 100% 90% 70% 30% completion of Engineering Tasks. and Preliminary Documentation, Permitting Environmental return of 90% plancheck. return of 70% plancheck. return of 30% plancheck. TABLE 2. REQUIREMENTS OF SUBMISSION Grading, Improvement Ink on mylar ready for Full bid-ready plans with Full and comolete plans Plan base sheets, and Revegetation Plans showing conceptual with conections and plancheck set 1. grading, drainage, City Engineer signature. corrections and plancheck and utility relocations. One (1) AutoCAD Disk. landscape & irrigation set 2. MILESTONES 100% 90% 70% 30% 8 Copies 8 Copies 8 Copies 8 Copies RIGHT-OF-WAY PLATS & LEGAL DESCRIPTIONS Ink on mylar plats. Final plats and legal Plats and legal Base sheets showing all - Preliminary right-of-way appurtenances NOTE: descriptions. descriptions for right-of-way impacts. detention basin BJB & One (1) MS Word Disk needs provided at about 10% stage. - Use MS Word 6.0 SPECIFICATIONS & COST 8 Copies 8 Copies 8 Copies 8 Copies ' Plus: SPECIFICATIONS DRAFT SPECIFICATIONS ESTIMATE SAME AS 90%. FINAL ESTIMATE & DETAILED ESTIMATE & SCOPING ESTIMATE Amracy i25% One (1) Microsoft Word NOTE: Disk. Draft Bid Set Format Accuracy *IO% 8 Copies 8 Copies * Accuracy *lo% Use Microsoft Word & Disk. Microsoft Excel. One (1) Microsoft Excel 8 Copies TABLE 3. SUBMlTTAL MILESTONE VS. FEE ALLOCATION MILESTONES 90% I 100% 70% 30% ' Tasks Fee + t * Grading & Improvement Plans $3,710 10% $7,420 20% $7,420 20% $18,550 50% $37,100 Right-of-way Plats & Legals $2,500 30% $750 Percentage of Fee Allocated LEGEND PER MILESTONE $5,336 $10,672 $11,172 $26,180 MAXIMUM PAYMENTS $53,360 TOTAL $1,376 10% 20% , $2,752 $2,752 20% $6,880 50% $1 3,760 Plans Revegetation $250 10% $500 20% $1,000 40% t. n Upon City Engineer's Signature of Plans -25 - rev. 8/25/98