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HomeMy WebLinkAbout1998-04-21; City Council; 14645; APPROVING A CONSULTANT AGREEMENT FOR ENVIRONMENTAL STUDIES AND PERMIT PROCESSING FOR EL CAMINO REAL WIDENING AT CANNON ROAD WITH RECONAB# 14,645 MTG. 4/21/98 FOR ENVIRONMENTAL STUDIES AND PERMIT PROCESSING RECON, PROJECT NO. 3184 RECOMMENDED ACTION: Adopt Resolution No. 98-119 approving a consultant agreement with RECON fi Environmental Studies and Permit Processing for El Camino Real Widening from Station 453+00 Station 441+00, Project No. 3184. ITEM EXPLANATION: The widening of El Camino Real at its intersection with Cannon Road requires: H The addition of one through traffic lane on each side; The widening of the existing El Camino Real Bridge over Agua Hedionda Channel by two (2: on each side; 1 The addition of a free right-turn lane from southbound El Camino Real to westbound Cannor Road and associated grading. Currently, the properties adjacent to El Camino Real are vacant or are used for farming. Statements of Qualifications were received from five consulting firms. The staff Consult: Selection Committee recommends that Regional Environmental Consultants (RECON) be retainl to perform the service based on their experience and background on projects of a similar naturc RECON was selected as the most qualified firm to perform the services. Staff recommends that the City Council approve the attached consultant agreement with RECC for environmental studies, preparation of environmental documents and processing of permits described in the attached consultant agreement, Exhibit 3. ENVIRONMENTAL REVIEW: a The Planning Director has determined the project is exempt as information collection r 3 Section 15306 of CEQA guidelines. The Planning Director will issue a Notice of Exemption up L4 approval of the construction contract. 2 a, 0 4 FISCAL IMPACT: z 0 0 4 9 0 z 3 0 0 i= - The fee included in the attached agreement with RECON is $35,264.00. Sufficient funds : available in the project account. TOTAL APPROPRIATIONS TO DATE $5,418,1C Expenditures to Date $3,350,120 Contractual Obligations $1,057,896 Mitigation Construction & Monitoring $35,264 Additional Estimated Costs to 6/30/98 $632,693 TOTAL ESTIMATED COSTS TO 6/30/98 $5,072,6L ESTIMATED REMAINING BALANCE 6/30/98 $345,4S Page 2 of Agenda Bill No. R.,,, 0 EXHIBITS: 1. Location Map. 2. Resolution No. 98-119 approving a consultant agreement with RECON I Environmental Permit Processing for El Camino Real Widening from Station 453+00 Station 441 +OO, Project No. 31 84. 3. Agreement with RECON for Environmental Permit Processing for El Camino Real Widenil from Station 453+00 to Station 441 +OO, Project No. 31 84. 0 0 EL CAMINO REAL WIDENING 0 0 AGREEMENT WITH RECON FOR ENVIRONMENTAL STUDIES AND PERMIT PROCESSING FOR EL CAMINO REAL WIDENING FROM STATION 453+00 TO STATION 441+00 PROJECT NO. 3184 THIS AGREEMENT is made and entered into as of the A/ day of Aq r y I - , 1998, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and REGIONAL ENVIRONMENTAL CONSULTANTS (RECON), hereinafter referred to as "Contractor." RECITALS City requires the services of a Contractor to provide the necessary environmental consulting services for preparation of environmental studies and permit processing; 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: I. 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 blueline copies of improvement plans and copies of existing information the City has on file relative to this project. rev. 10/22/97 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 one hundred twenty (120) days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City. The City 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 $35,264. 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 (loo/,) 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 four (4) months 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. 10122197 2 0 0 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 Within five (5) days of completion and approval of each task, the Contractor shall deliver to the city the following itelYlS: as described in Exhibit "A'~ Table 1 ( attached hereto and incorporated here 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, rev. 1 0/22/97 3 0 0 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, 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. 11. 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 City. The City 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 rev. 10/22/97 4 e 0 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 City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Contractor or the City. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (1 0) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be fotwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. rev. 10/22/97 5 0 0 13. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must asserted as part of the contract process as set forth in this agreement and not anticipation of litigation or in conjunction with litigation. The Contractor acknowledg that if a false claim is submitted to the City, it may be considered fraud and 1 Contractor may be subject to criminal prosecution. The Contractor acknowledges ti California Government Code sections 12650 et sea., the False Claims Act, provides i civil penalties where a person knowingly submits a false claim to a public entity. The provisions include false claims made with deliberate ignorance of the false informati or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see to recover penalties pursuant to the False Claims Act, it is entitled to recover litigation costs, including attorney’s fees. The Contractor acknowledges that the filing a false claim may subject the Contractor to an administrative debarment proceedil wherein the Contractor may be prevented to act as a Contractor on any public work improvement for a period of up to five years. The Contractor acknowledges debarme by another jurisdiction is grounds for e City of Carlsbad to disqualify the Contract from the selection pr d& (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference p(Initia1) & rev. 10/22/E 6 0 0 14. 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 hidher employees or subcontractors. The City shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the Contractor or hidher 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. rev. 10/22/97 7 0 0 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 limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. 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. 16. 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 hidher records. 17. 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. rev. 10/22/97 8 0 0 18. 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 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. 19. 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. 20. 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. rev. 1 0122197 9 0 8 21. 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 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. 22. 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. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "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. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. rev. 10122197 10 e 0 25. 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. 26. 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: rev. 10/22/97 11 0 0 1. Comprehensive General Liability Insurance. $1,000,000 combined single- limit per occurrence for bodily injury, personal injury and property damage. If the subm;ffed 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. 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. rev. 10/22/97 12 e 0 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 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. ... .. . ... ... .. . ... ... ... ... ... ... . .. ... ... ... ... ... ... ... ... rev. 10/22/97 13 0 0 27. 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: Title Associate Engineer Name Sherri Howard Address City of Carlsbad - Public Works Dept. Engineering Division 2075 Las Palmas Drive Carlsbad. CA 92009-1 576 For Contractor: Title Project Manager Name Tom Held Address RECON 4241 Jutland Drive, Suite 201 San Diego, CA 921 17-3653 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. 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 rev. 10/22/97 14 0 e hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this 13th day of April ,1998 . CONTRACTOR: REGIONAL ENVIRONMENTAL CONSULTPN) - By: 0, (sTgn here) Charles Bull, President (print name/title) By: & ?iiL"=& ATTEST: (sign here) Diane Pearson, Vice Pres/Secretary (print narneltitle) .~ City Clerk KAREN R. KUNDTZ, Assistant 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 rev. I0122197 15 0 e CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT California CAPACITY CLAIMED BY SI Sari Dieqo Though statute does not require the h Countyof fill in the data below, doing so ma Invaluable to persons relying on the do 0 INDIVIDUAL before me, Annette R. Hirt, Notary public NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC ' WORPORATE OFFICER@) personally appeared Charles Bull and Diane Pearson NAME(S) OF SIGNER@) 8 Pres/Vice Pre: TITLEW gpersonally known to me - OR - 17 proved to me on the basis of satisfactory evidence PARTNER(S) LIM'TEC to be the person(s) whose name(s) &/are subscribed to the within instrument and ac- ATToRNEY-IN-FACT knowledged to me that b&ke/they executed c] TRUSTEEW the same in tw#i?%/their authorized capacity(ies), and that by k&m-/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GENEP 0 GUARDIAN/CONSERVAT( OTHER: SIGNER IS REPRESENT11 SS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES) RECON %?d& SIGNATURE OF NOTARY OPTIONAL SECTION ! THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT City-ad THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2 6 DATE OF DOCUMENT ! it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN t"JE ABOVE Though the data requested here is not required by law, 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 * Canoga Park a 0 EXHIBIT "A" SCOPE OF WORK PREPARE CEQA INITIAL STUDYlENVlRONMENTAL CHECKLIST RECON will prepare the Initial Study/Environmental Checklist with references or explanations for all answers to questions for each environmental issue on the checklist in compliance with current case law. The Environmental Checklist Form that will be used is found in Appendix I of the CEQA Guidelines, as amended January 1, 1995. Upon completion of the discussion of each issue, the appropriate Initial Study checklist box (i.e., no impact, less than significant impact, potentially significant unless mitigation incorporated, and potentially significant) will be marked. The following issues will be included as described below. Project Description: Based on project materials and plans provided by the City, prepare a detailed project description for the Initial Study that can also be used in the Negative Declaration. The project description will include graphics (e.g., site plan, grading plan) to accurately depict the project for the public. Biology: The RECON biologists are familiar with the project area, having worked on a number of projects in this general location. RECON will assess the potential for both direct and indirect biological impacts from the proposed project. The tasks allowing this assessment to be completed include the following: a, Conduct a search of the records of the California Natural Diversity Data Base (California Department of Fish and Game) to determine what sensitive species have been reported from the vicinity of the project. b. Conduct a biological resources survey of a corridor (approximately 25 feet wide and 1,200 feet in length on each side of the existing paved road) encompassing the proposed widening, the adjacent habitat along the length of the widening, and a survey of the adjacent property that will receive storm water runoff from the road. RECON biologists will conduct a botanical survey of the property to search for sensitive plant species and a zoological survey to search for sensitive animal species. c. Prepare a vegetation map of the subject property showing natural plan communities and the observed locations of rare and endangered species if an! are located during the survey. rev. 10/22/9; 16 0 0 d. Record any inventoried biological resources located during the survey and comply with the reporting requirements of the Natural Diversity Data Base. e. Prepare a biological technical report which describes biological resources occurring on the property, assesses the impact of the proposed alignment and the alternative alignment on the biological resources, and discusses mitigation measures, if necessary. f. Submit the report to the City. g. Schedule the project for one of the regularly scheduled pre-application meetings with the CDFG and USACE and attend the meeting with the City. h. Prepare an application package as required by Section 1601 of the Fish and Game Code for alteration of the streambed on the project site. The package will include the completed app1icatio.n form and copies of appropriate environmental documents such as the Initial Study and the biology technical report. Submit the 1601 application package to the City for signature, check inclusion, and forwarding to the CDFG. I. Since the project includes widening the bridge of Agua Hedionda Channel and whether or not impacts to wetlands will occur, prepare a letter to the USACE including the environmental documents as attachments. If the biologist project can proceed under the Nationwide No. 26 permit. If wetlands will not be impacted, the letter and attachments will provide documentation. Following the City's review, submit the letter to the USACE. determines that impacts will occur to wetlands, request confirmation that the j. 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 City 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. k. Expend up to 20 hours coordinating with the USACE and CDFG concernin{ biological issues and mitigation. Additional studies may be required by the jurisdiction or resources agencies, such as i wetland delineation, directed searches for particular sensitive species, or a habita restoration plan if any native or wetland habitat is impacted. These and any othe special studies would be conducted with additional authorization from the client. rev. 10/22/9; 17 e 0 Archaeology: The archaeological resources study will be conducted by a SOPA- certified archaeologist who meets the City of Carlsbad's qualifications for professional archaeologists. RECON will assess the potential for both direct and indirect archaeological impact from the proposed project. The following tasks will be completed: a. Conduct a cultural resources record search of the archives at the South Coastal Information Center at San Diego State University and the San Diego Museum of Man for areas within one-half mile of the project site. b. Perform a cultural resources field survey of the project corridors. c. Prepare a cultural resources technical report based on findings from the record search and field survey of the site, identifying all cultural resources sites that could potentially be impacted by the project, assessing their likely importance, and recommending further studies or mitigation, as required. Paleontology: RMW Paleo Associates will perform the following tasks: a. Complete a literature review at the San Diego Natural History Museum including a search of known sites within the study area and a one-mile radius of the study area. b. Perform a surface examination to determine if there are any exposed paleontological resources within the study area. c. Prepare and submit a report detailing the findings of previous work done on and near the road widening, the results of the field examination, recommendations for developing a mitigation monitoring program, if necessary, and a map showing locations of any sites within the project area. Geology/Soils: Ninyo & Moore will conduct a review of existing soils reports prepared for the project area. The approach involves a review of background information, field reconnaissance, geologic mapping, an evaluation of geotechnical conditions and possible constraints, and report preparation. Specifically, Ninyo & Moore's scope 01 services for geologylsoils will include the following: a. Review of available background data such as existing geotechnical reports geologic maps and reports, topographic maps, and information that might bc available from the City of Carlsbad. b. Field reconnaissance and geologic mapping. c. Compilation and analysis of data obtained. rev. 10/22/9: 18 e e d. Preparation of a geotechnical reconnaissance study report presenting a summary of findings, conclusions, and geotechnical recommendations. The report will discuss the geologic setting, anticipated earth units, unstable slopes, bridge foundation soil conditions, shallow groundwater, erosive soils, faulting, seismicity, and other geotechnical issues. The report will also provide conceptual recommendations for mitigation of geotechnical concerns. Hazardous Material: Ninyo & Moore's proposed scope of work for the hazardous materials technical study will include the following: a. Review readily available maps, reports, photographs, plans, and other documents pertinent to hazardous materials issues for the site. The applicant, City of Carlsbad, and others will provide copies of, or access to pertinent maps, reports, photographs, plans, and other documents in their possession. b, Performance of a site reconnaissance, subject to site access, to visually identify areas of possibly contaminated surficial soil or water, improperly stored hazardous materials, possible sources of pesticides and polychlorinated biphenyls, and possible risks of contamination from activities at the sites and adjacent properties. c. Review available regulatory agency databases for the site and for properties located within a specified radius of the project site. Databases will be used to identify locations of known hazardous waste sites, landfills, burn ash sites, leaking underground storage tanks, permitted facilities that utilize underground storage tanks and facilities that use, store, treat, or dispose of hazardous materials. d. Review of readily available historical aerial photographs. e. Prepare a hazardous materials technical study report that will include a summary measures, illustrations (as appropriate), references, agencies and individuals contacted, and a list of preparers. of findings, methodology, existing conditions, impact analysis, mitigation HydrologyMlater Quality: Ninyo & Moore will complete the following tasks: a. Review of readily available maps, reports, photographs, plans, and othel documents pertinent to water quality issues for the site. b. Perform a site reconnaissance to visually identify areas of existing or potentia water quality issues. rev. 10/22/9i 19 0 0 c. Review readily available local regulatory agency information regarding surface water and groundwater for the site. Requests for information will be made to the Department of Water Resources, County Department of Environmental Health, Regional Water Quality Control Board, State Water Quality Information System, U.S. Geological Survey, and other agencies, as appropriate. d. Prepare a water quality technical study report that will include a summary of findings, methodology, existing conditions, impact analysis, mitigation measures, illustrations (as appropriate), references, agencies and individuals contacted, and a list of preparers. Visual AestheticslGrading: Based on a field visit, the proposed project grading plan, and other secondary sources, a landform alteration/visual quality discussion which addresses the Initial Study checklist questions will be provided. Mitigation measures identified in the Initial Study process will be incorporated into the Negative Declaration. Noise: RECON will conduct a noise study to address possible increases in noise levels from additional traffic, the new lanes, and the turn lane. Noise levels will be evaluated for conformance with City noise standards. a. Measure existing nose levels at 2 locations adjacent to the roadway. Measurement locations will be selected to provide an understanding of the variability of noise levels near the project site. b. Estimate future vehicular traffic noise levels using the Stamina 2.0 version of the Federal Highway Administration Noise Prediction Model. The study will analyze noise caused by future traffic on El Camino Real. The results of the model will be expressed in community noise equivalent levels. c. Determine appropriate mitigation measures for potentially significant impacts to sensitive uses in the vicinity of the roadway improvements. The analysis will calculate the necessary barrier height, or other mitigation options, to reduce noise levels to the standard set by the City of Carlsbad. d. Prepare a noise technical report that describes the study methods and results outlined above and specifies any noise mitigation measures that may be needed. rev. 1 0/22/9i 20 e a MITIGATED NEGATIVE DECLARATION A Mitigated Negative Declaration supported by technical documents described above will be completed in accordance to CEQA and the CEQA Guidelines Section 15071 and the Carlsbad Environmental Protection Ordinance. The Mitigated Negative Declaration will include a brief description of the project, the project location and map, and a proposed finding that the project will not have a significant effect on the environment. A copy of the Initial Study documenting reasons to support the finding, and project mitigation measures to avoid potentially significant effects will be attached, STATUS SUMMARIES RECON will submit written biweekly progress summaries to the City which will describe the status of the project related to schedule and budget, and identify any foreseeable contingencies that may affect the project. REVISIONS a. Submit five screen-check draft copies of the Initial Study and Mitigated Negative Declaration to the City for review. Make one set of revisions based on written comments. b. Submit five copies of the revised documents to City staff. Make a second set of revisions based on City's written comments, if necessary. c. Submit ten copies and one reproducible master of the public review documen and all appendixes to the City. d. Assist City staff with the distribution list. RESPONSE TO COMMENTS RECON will prepare response to comments received during the public's review perioc and will submit five draft copies and ten revised copies to the City. MEETINGS TO COMMENTS RECON'S project manager will attend up to four meetings with City staff in addition to kickoff meeting, and up to two (2) public hearings. rev. 10/22/9 21 e Kick-off Meeting Subtotal Kick-off Meeting Biology Senior Senior Assistant Graphics Production Specialist Expenses Subtotal Biology Archaeology Senior Assistant Research Assistant Graphics Illustrator Museum Fee Expenses Production Specialist Subtotal Archaeology Paleontology Subtotal Paleontology Geology and Soils Subtotal Geology and Soils Noise RMW Paleo Ninyo and Moore Principal Assistant Graphics Production Specialist Expenses Subtotal Noise Hazardous Material Ninyo and Moore Subtotal Hazardous Material e FEE $552.00 $552.00 $3,680.00 $560.00 $200.00 $200.00 $50.00 $4,690.00 $368.00 $70.00 $1,350.00 $200.00 $250 .OO $50.00 $250.00 $2,538.00 $368.00 $368.00 $3,100.00 $3,100.00 $600.00 $3,360.00 $200.00 $200.00 $50.00 $4,410.00 $2,300.00 $2,300.00 rev. 10/22/97 22 0 0 Water Quality Ninyo and Moore Subtotal Water Quality Prepare Initial Study Senior Graphics Printing and Copying Production Specialist Subtotal Prepare Initial Study Prepare Negative Declaration Principal Senior Printing and Copying Production Specialist Subtotal Prepare Negative Declaration Permits Senior Assistant Production Specialist Expenses Subtotal Permits Meetings and Hearings (6) Senior TOTAL PROJECT COSTS $2,650.00 $2,650.00 $2,944.00 $300.00 $300.00 $700.00 $4,244.00 $120.00 $2,576.00 $1 00.00 $600.00 $3,396.00 $2,208.00 $1,400.00 $1,050.00 $1 50.00 $4,808.00 $2,208.00 $35,264.00 rev. 10/22/9; 23 e 0 - a c_ a i X w r >r i5 .c, - acccccc cc 3 .P .o .P .P .P .Q .- .- v) c a, c, 0 cu .- ;ii 0 I li v) cu c - Y .- .- b v) 2 mF .- - c, .- sz a, a,a .- c, 3 51 .P xmaaSzIZ~za ocu .u .- c .- 3 ?gsO9aXb- Y- v) "Z$$ m E ox g a=% oll +!I mag OD4 - I a 3 - 0 3z $G$ a, - a,o.~Nw.~~~ w a, 2 b hl hl 0 e \ v > c2 8 0 0 b)cvbO~OU3Tfb)cv wuamr~mw(Ymw 'Qcufftrc)Tl"cvcu'QmQ> #€e ###€e636363 b cv cv 0 e \ 7 > 2 m cv 0 e L a, c C ITI ii b a c\1 0 \ Q! > p! 7 i a, 9) C m ul C .- Q) lu 0 + .- g 2 i a, a, c ca, "a, .- mw ul .r '5 0 -0 G2 .e 5 a8 m- 0 'C 3 i Q a,L a0 .E v) me CE SEL 22 *x3 $8 gzi EE ez F .& $5 $ .z .- c -a= 3% 2: 97 =a, s* as ~ 0- 0 nn .- a)L >a (I) -0 W + 2 T(V co cv * May 11,1998 Regional Environmental Consultants (RECON) Attn: Tom Held, Project Manager 4241 Jutland Drive, Suite 201 San Diego, CA 921 17-3653 RE: ENVIRONMENTAL STUDIES & PERMIT PROCESSING - PROJECT NO. 3184 (EL CAMINO REAL WIDENING AT CANNON ROAD Enclosed for your files are copies of Carlsbad's Council Agenda Bill 14,645 and Council Resolution 98-1 19, approving an agreement for the above referenced project; and a signed copy of the agreement with the City of Carlsbad. If you have questions regarding this agreement please call Sherrie Howard, in our Engineering Department, at (760) 438-1 161, extension 4427. ., In accordance with Section 25 of the aareement. vou are rewired to file a Conflict of Interest Statement with the Carlsbad Citv Clerk . Everyone in vour companv who works on this Citv proiect must file a Form 700 - Statement of Economic Interests, and reoort all Disclosure Cateqories. which includes 1,2,3 and 4. Enclosed for your use is a Form 700, which can be copied for additional staff. if any. Also enclosed are copies of the Amended Appendix to the Local Conflict of Interest Code, and the FPPC Fact Sheet regarding Gifts, Honoraria and Travel. COMPLETED ASSUMING OFFICE STATEMENTS ARE DUE IN THE CITY CLERK'S OFFICE NO LATER THAN 500 PM ON JUNE 10,1998. Please call Sherrie Worrell, Deputy City Clerk, at (760) 434-2808 if you need help or have any questions about the Conflict of Interest requirements. W" KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive 0 Carlsbad, California 92008-1 989 - (760) 434-2808