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Recon Environmental Inc; 2026-03-16;
Page 1 City Attorney Approved Version 9/3/2025 AGREEMENT FOR MITIGATED NEGATIVE DECLARATION REVIEW SERVICES RECON ENVIRONMENTAL INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the _______ day of ________________, 2026, by and between the City of Carlsbad, California, a municipal corporation ("City") and Recon Environmental Inc., a California corporation hereinafter referred to as ("Contractor"). RECITALS A.City requires the professional services of a consultant who is experienced in reviewing environmental documents and technical reports. B.Contractor has the necessary experience to provide these professional services and advice. C.Contractor has submitted a proposal to the City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services ("Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The Community Development Director may amend the Agreement to extend it for one (1) additional one (1)year or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total compensation payable for the Services to be performed during the Agreement term shall not exceed thirty-nine thousand eight hundred five dollars ($39,805). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement, the total compensation amount shall not exceed thirty-nine thousand eight hundred five dollars ($39,805) for the whole term of the Agreement. Payment terms are Net 30 unless Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F March 16th Page 2 City Attorney Approved Version 9/3/2025 otherwise provided in Exhibit “A” or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City 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 City. Contractor will be under the control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described in this Agreement caused by any negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Page 3 City Attorney Approved Version 9/3/2025 arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program 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-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City'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. Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Page 4 City Attorney Approved Version 9/3/2025 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 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, 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. 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 City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) 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 City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Page 5 City Attorney Approved Version 9/3/2025 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Title Senior Management Analyst Name Leah Boyer Dept Community Development Title Contract Manager City of Carlsbad Address 3111 Camino de Rio North, Ste 600 Address 1635 Faraday Ave Phone San Diego, CA 92108 Carlsbad, CA 92008 Email lboyer@reconenvironmental.com Phone 442-339-2615 Phone (619)308-9333 x152 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 Contractor shall file a Conflict-of-Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 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 whose services are required by this Agreement. Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F City Attorney Approved Version 10/23/2025 Page 6 18.SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19.CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20.DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 21.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22.TERMINATION In the event of Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F City Attorney Approved Version 10/23/2025 Page 7 23.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25.JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. 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. 26.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27.THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 28.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. This Agreement may be executed in counterparts. Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F City Attorney Approved Version 10/23/2025 Page 8 29.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. Executed by Contractor this___________ day of _______________________, 2026. RECON ENVIRONMENTAL INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Mike Strong Community Development Director Robert Hobbs President (print name & title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Gina Sisson CFO/ Treasurer Morgen Fry Assistant City Clerk (print name & title) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ C. Dalton Sorich Assistant City Attorney 10th March Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F 3/16/2026 3/16/2026 3/16/2026 3111 Camino del Rio North, Suite 600, San Diego, CA 92108-5726 | 619.308.9333 | reconenvironmental.com SAN DIEGO | OAKLAND | TUCSON | SAN ANTONIO March 4, 2026 Ms. Lauren Yzaguirre Senior Planner City of Carlsbad Community Development Department 1635 Faraday Avenue Carlsbad, CA 92008 Reference: Proposal for the Peer Review of the Alicante Apartments Addendum to a Mitigated Negative Declaration (RECON Number P10846) Dear Ms. Yzaguirre: RECON Environmental, Inc. (RECON) is pleased to submit this scope of work and cost proposal to provide peer review services for an environmental document submittal and supporting technical reports for the proposed Alicante Apartments (project). The project would implement a 100 percent density bonus to allow for the development of a 106-unit, 80-foot-high housing development project on a 3.68-acre parcel (assessor parcel number 215-240-36-00).The project would consolidate the units within the southwest corner of the lot while leaving the remainder (73percent) of the lot undeveloped. The project parcel is generally bounded by Alicante Road to the south, Altiva Placeto the east, Altisma Way to the west, and a public utility easement to the north. The project applicant is proposing anAddendum to the Mitigated Negative Declaration (MND) prepared in 2016 for a previously proposed residentialproject (Cascada Verde; State Clearinghouse Number 2015091067). SCOPE OF WORK AND APPROACH Based on the information provided by the City of Carlsbad’s (City) Community Development Department, RECON understands that the applicant’s submittal includes the following updated documents: •Addendum to the 2016 MND (SCH No. 2015091067) •Greenhouse Gas (GHG) Memo •Updated Traffic Study All other technical reports will be the same as those submitted previously. Under this scope of work, RECON will provide a peer review for the Addendum to the 2016 MND. RECON’s GHG specialist will review the updated GHG Memo plus any GHG modeling data. Traffic engineers Fehr & Peers have been brought onto the team to provide a review of the traffic study to determine its consistency with the 2016 MND’s significance findings. RECON understands that an assessment of the Local Mobility Assessment and the Vehicle Miles Traveled analysis will not be required. Task 1: Review of the Addendum to the 2016 MND RECON will complete a review of the applicant’s Addendum to the 2016 MND, including a review of the applicant’s responses to the previous round of review. The peer review will focus on whether the project falls within the purview EXHIBIT 'A' SCOPE OF WORK AND FEE SCHEDULE Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Ms. Lauren Yzaguirre Page 2 March 4, 2026 of a CEQA 15162 and 15164 and the rationale behind the applicant’s assessment of the project’s impacts compared to those identified in the 2016 MND. The review will also address the project’s consistency with the adopted land use regulations and zoning code. New comments will be provided in track changes in the body of a Microsoft Word file, and a Summary Memo will be compiled in an easy-to-read format to highlight key items of concern. RECON understands that the City has a standard 30-day review period; therefore, RECON’s peer review will be completed within 20 days to allow the City sufficient time to prepare their letter for the applicant. Assumptions •Other than for the technical reports listed below under Task 2, RECON will not provide a review of technicalreports because we do not anticipate any further revisions would be needed based on previous rounds ofreview. However, the reports will be consulted as reference for the adequacy of the analysis in theAddendum to the 2016 MND. •RECON will include one round of revisions per the City’s comments. •RECON will assume 10 combined hours for meetings and coordination time. Task 2: Review of Updated Technical Reports Task 2.1: Review of the Updated GHG Memo RECON’s GHG specialist will conduct a review of the GHG Memo to ensure updates are in accordance with City standards and that CEQA threshold issues have been addressed appropriately. They will also ensure the applicant has adequately addressed the City’s and RECON’s previous comments. New comments will be provided in track changes in the body of the Microsoft Word file, and key items for revision will be included in the Summary Memo detailed under Task 1. Assumptions •RECON will include one round of revisions per the City’s comments. •RECON will assume 4 hours for meetings and coordination time. Task 2.2: Review of Biological Resources Reports and Plans A RECON biologist will conduct a review of the Biological Resources Technical Report and the Preserve Management Plan to ensure the updates are in accordance with City standards and that CEQA threshold issues have been addressed appropriately. They will also ensure the applicant has adequately addressed the City’s and RECON’s previous comments. New comments will be provided in track changes in the body of the Microsoft Word file, and key items for revision will be included in the Summary Memo detailed under Task 1. Assumptions •RECON will include one round of revisions per the City’s comments. •RECON will assume 4 hours for meetings and coordination time. Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Ms. Lauren Yzaguirre Page 3 March 4, 2026 Task 3: Review of the Updated Traffic Study (Fehr & Peers) Fehr & Peers will review the updated traffic study. It is their understanding that the traffic study will analyze trip generation and level of service (LOS). The traffic study will be used to determine if there are new transportation LOS impacts due to the proposed changes to the project that would exceed the 2016 MND’s less significant findings. Based on the City’s feedback to the applicant, Fehr & Peers expects to review a traffic study that addresses the following: •Existing, existing + project, cumulative, and cumulative + project conditions in the AM and PM peak hours,LOS analysis for intersections, and daily LOS for roadway segments where the project adds 50 or more peakhour trips. •Trip generation based on the current Institute of Transportation Engineers Trip Generation Manual. Fehr and Peers will complete the following items as part of their peer review: •The trip generation estimates for the project to ensure that they are technically adequate and consistent withCity requirements. •The assumptions and results for project trip distribution and assignment. •The methodology and resulting volumes for establishing existing, existing + project, cumulative andcumulative + project traffic volumes. •The technical adequacy of the LOS analysis for all scenarios including review of methodology, traffic volumes,lane configurations, traffic control, and other key inputs to the analysis. We assume that we will be reviewingLOS results for up to three intersections: Alga Road/Alicante Road, Alicante Road/Altisma Way, and theproject driveway/Altisma Way. •The segment analysis for up to two roadway segments. •The LOS analysis conclusions and comparison to the 2016 MND findings. Assumptions •Fehr & Peers does not anticipate any rounds of revision per City comments. •Fehr & Peers will assume attendance at up to three virtual meetings with the City’s team and up to twopublic hearings, as necessary. COST ESTIMATE The estimated total cost to complete these tasks is $39,805. While we are providing a task-by-task budget breakdown for your convenience, the breakdown is for budgeting purposes only and RECON proposes to perform these services on a time-and-materials basis. Should unforeseen circumstances arise requiring additional time and, therefore, additional fees, we will notify you of these circumstances immediately. Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Ms. Lauren Yzaguirre Page 4 March 4, 2026 RECON’s cost estimate by major task is presented in the table below. Task Cost Task 1: Review of the Addendum to the 2016 MND Assumptions $14,835 Task 2: Review of the Updated Technical Reports $7,170 Task 3: Review of the Updated Traffic Study (Fehr & Peers) $17,800 TOTAL $39,805 SCHEDULE RECON understands that the City has a 30-day review period. For both initial and subsequent reviews, RECON staff and subconsultants will complete a review within 20 days to give the City adequate time to complete their review of the Addendum to the 2016 MND. This proposal is valid for a period of six months from the date of issuance. To proceed, an agreement for services must be executed by both parties within this timeframe. After this period, the terms and pricing outlined herein are subject to review and may be revised. If you would like for us to proceed with the work, we will provide an agreement for services for your review. Thank you and please call me at (619) 308-9333 x152 if you have any questions. Sincerely, Leah Boyer Associate Project Manager LAB:acn Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F BA20260314405 Entity Details Corporation Name RECON ENVIRONMENTAL, INC. Entity No.0808917 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address 3111 CAMINO DEL RIO N 600 SAN DIEGO, CA 92108-5726 Mailing Address of Corporation Mailing Address 3111 CAMINO DEL RIO N 600 SAN DIEGO, CA 92108-5726 Attention Loretta Gross Street Address of California Office of Corporation Street Address of California Office 3111 CAMINO DEL RIO N 600 SAN DIEGO, CA 92108-5726 Officers Officer Name Officer Address Position(s) ROBERT HOBBS 3111 CAMINO DEL RIO N STE 600 SAN DIEGO, CA 92108-5726 Chief Executive Officer Loretta L Gross 3111 Camino del Rio N Ste 600 San Diego, CA 92108-5726 Secretary Gina Sisson 3111 Camino del Rio N Ste 600 San Diego, CA 92108-5726 Chief Financial Officer Additional Officers Officer Name Officer Address Position Stated Position None Entered Directors The number of vacancies on Board of Directors is: 0 Director Name Director Address Ramona Walker 3111 Camino del Rio N Ste 600 San Diego, CA 92108-5726 William Graham 3111 Camino del Rio N Ste 600 San Diego, CA 92108-5726 Susan Hector 3111 Camino del Rio N Ste 600 San Diego, CA 92108-5726 Agent for Service of Process Agent Name ROBERT HOBBS STATE OF CALIFORNIA Office of the Secretary of State STATEMENT OF INFORMATION CORPORATION California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 657-5448 B4 4 0 0 - 1 6 8 8 0 2 / 0 9 / 2 0 2 6 8 : 3 8 A M R e c e i v e d b y C a l i f o r n i a S e c r e t a r y o f S t a t e Page 1 of 2 For Office Use Only -FILED- File No.: BA20260314405 Date Filed: 2/9/2026 Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Agent Address 3111 CAMINO DEL RIO N 600 SAN DIEGO, CA 92108 Type of Business Type of Business environmental consulting Email Notifications Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Electronic Signature By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Loretta L. Gross Signature 02/09/2026 Date B4 4 0 0 - 1 6 8 9 0 2 / 0 9 / 2 0 2 6 8 : 3 8 A M R e c e i v e d b y C a l i f o r n i a S e c r e t a r y o f S t a t e Page 2 of 2 Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 6/24/2025 Cavignac451AStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-234-6848 619-234-8601 certificates@cavignac.com Continental Insurance Company 35289 RECONEN001 Amer Cas.Co of Reading,PA 20427RECONEnvironmental,Inc.3111 Camino del Rio N Ste 600SanDiego,CA 92108 National Fire Insurance CO.of Hartford 20478 Indian Harbor Insurance Co.36940 1509012896 A X 1,000,000 X 1,000,000 15,000 1,000,000 2,000,000 X Y 7034143706 7/1/2025 7/1/2026 2,000,000 A 1,000,000 X X X 7034143723 7/1/2025 7/1/2026 A X X 10,000,00070341437547/1/2025 7/1/2026 10,000,000 X 10,000 BC XYWC734143740WC7341437377/1/20257/1/2025 7/1/20267/1/2026 1,000,000 1,000,000 1,000,000 ADD Business Personal PropertyProfessionalLiabilityPollutionLiability 7034143706PEC005703205PEC005703205 7/1/20257/1/20257/1/2025 7/1/20267/1/20267/1/2026 LimitEach Claim/AggregateEachClaim/Aggregate $1,225,000$2M/$4M$2M/$4M RE:All Projects.Additional Insured coverage applies to General Liability for The City of Carlsbad/CMWD per policy form.Waiver of subrogation applies toWorkersCompensationperpolicyform.Professional Liability -Claims made form,defense costs included within limit.Excess/Umbrella policy follows form overunderlyingpolicies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply when afforded on underlyingpolicies).Property -Special form,replacement cost.If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment ofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. 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3DJH RI CONTINENTAL CASUALTY COMPANY ,QVXUHG 1DPH RECON Environmental, Inc. &RS\ULJKW &1$$OO 5LJKWV 5HVHUYHG ,QFOXGHV FRS\ULJKWHG PDWHULDO RI ,QVXUDQFH 6HUYLFHV 2IILFH ,QF ZLWK LWV SHUPLVVLRQ Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Policy No. WC 7 34143740 Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F Policy No. WC 7 34143737 Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F NOT TRANSFERABLE 541611 Administrative Management and General Management Consulting Services EXPIRATION DATE BUSINESS NAME 08/31/2026 RECON OWNER FIRM OR 08/31/2026 RECON ENVIRONMENTAL INC BUSINESS LOCATION BUSINESS NAME MAILING ADDRESS 3111 Camino del Rio N STE 600 RECON 3111 CAMINO DEL RIO N STE 600 SAN DIEGO, CA 92108-5720 CORPORATION NAME TAXES PAID IN ACCORDANCE WITH CITY BUSINESS TAX ORDINANCE NAICS DESCRIPTION 3111 Camino del Rio N STE 600 CITY OF CARLSBAD 1635 Faraday Ave, Carlsbad CA 92008 POST IN CONSPICUOUS PLACE KEEP FOR YOUR RECORDS LICENSE NUMBERLIC. NUMBER BUSINESS REGISTRATION CERTIFICATE BLOS004864-02-2019 NAICS CODE BLOS004864-02-2019 DATE ISSUED DATE ISSUED 08/26/2025BUSINESS LOCATION 08/26/2025 EXPIRATION DATE The person, firm or corporation named below is granted this business certificate pursuant to the provisions of the City Business License Ordinances to engage in, carry on or conduct the business, trade, calling, profession, exhibition or occupation described below. Issuance of the certificate is not an endorsement, nor certification of compliance with other ordinances or laws. This license is issued without verification that the licensee is subject to or exempt from licensing by the State of California. CITY OF CARLSBAD Docusign Envelope ID: 41DEFE7F-946F-4F4B-9561-545B27F0D53F