HomeMy WebLinkAbout1998-09-08; City Council; 14837; APPROVAL OF A MITIGATED NEGATIVE DECLARATION, MITIGATED MONITORING AND REPORTING PROGRAM AND AN AGREEMENT FOR DESIGN SERVICES FOR FARADAY AVENUE EXTENSION WITH O'DAY CONSULTANTS, INC.a > 0 K L1
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CI OF CARLSBAD -AGENDA LL
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I I - AB# 14,837
CITY MGRe WITH O'DAY CONSULTANTS, INC. DEPT. ENG
4 CITY ATTY. REPORTING PROGRAM AND AN AGREEMENT FOR MTG. 9/08/98
DEPT. HDd TITLE: APPROVAL OF A MITIGATED NEGATIVE
DECLARATION, MITIGATED MONITORING AND
DESIGN SERVICES FOR FARADAY AVENUE EXTENSION
RECOMMENDED ACTION:
Adopt Resolution No. 98-299 approving a mitigated negative declaration, a Mitig' Monitoring and Reporting Program and an agreement for design services for Faraday Avc
extension with O'Day Consultants, Inc.
ITEM EXPLANATION:
Faraday Avenue currently terminates at the boundary of the Carlsbad Research Center Unit V the future Veteran's Memorial Park (Macario Canyon). The City has previously entered intc agreement with O'Day Consultants, Inc., to perform preliminary designs and environmental stu for the alignment of Faraday Avenue from its existing westerly terminus to future Cannon Rc O'Day Consultants, Inc., and their subconsultant Cotton, Beland and Associates have complt
the preliminary design and environmental studies for the project. The City Planning Departn has published the Mitigated Negative Declaration for the 30-day period and the mitig: declaration attached is the result of comments received during the public review period.
The scope of the design contract includes the design of a split collector roadway through fu
Veteran's Memorial Park and a traffic signal at the future intersection with Cannon Road. "split" roadway is grade separated and has a full landscaped median. Staff has coordinated
review of this project with the proposed municipal golf course and the future park. The alignn
selected is based on these coordinated efforts. The split roadway will be landscaped in
continuous medians. Median landscape planting will be coordinated with the landscaping currz proposed for the municipal golf course.
A portion of this contract includes the environmental permitting as required by the resol
agencies. Currently, a permit is required for impacts to coastal sage scrub. In a previous ac City Council reserved six (6) acres from the City's 5% allocation so that staff could process a
permit for the project. Details of the permit will be negotiated during the final design of the prc
and the coastal sage impacts will be presented to the City Council for approval to deduct from 5% allocation. The roadway has been designed to have no direct wetland impacts. A Co: Development Permit is required and this project is located within the City's coastal permi
authority. Once the design of the project nears completion, staff will request approval from
Planning Commission for the Coastal Development Permit.
Due to the presence of alluvial soils that require lengthy settlement periods, the design
construction of Faraday Avenue will require that two sets of plans, specifications and estimate: prepared. The first is a rough grading plan that will allow construction of the project to begin place a surcharge on the fill material to accelerate the settlement. The improvement plan der
will follow the rough grading. The improvements will include water district facilities that wil
presented to the City Council and the Water Board in a future action.
Statements of Qualifications were received from six consulting firms. The staff Consul
Selection Committee recommends that O'Day Consultants, Inc., be retained to perform the ser based on their experience and background on projects of a similar nature. O'Day Consultants, was the most qualified firm to perform the services.
Staff is recommending that City Council find that approval of design services for the Farz
Avenue extension road project is in compliance with CEQA and approve the agreement with 0' Consultants, Inc., for the design of the rough grading plans, improvement plans, traffic signal pl project specifications, cost estimates and environmental permitting for the final design of Far:
Avenue as described in the attached agreement, Exhibit 3.
Page 2 of Agenda Bill No. @837 e
ENVIRONMENTAL REVIEW:
The project is a design contract for the rough grading plans, improvement plans, prc
specifications, and cost estimates for Faraday Avenue extension. Although the plans
specifications will not have impacts to the environment, the ultimate construction of
Faraday Avenue extension has the potential of having environmental impacts. Those pote
impacts have been reviewed consistent with CEQA. Faraday Avenue extension is identified in General Plan as a circulation element roadway and as such was included in the Master EIR (N
93-01) for the General Plan update. A Mitigated Negative Declaration was issued by the Plan
Director on July 2, 1998. Impacts to the environment identified as significant within tt
documents can be mitigated to a level of less than significant. The mitigation measures
described within the Mitigation Monitoring and Reporting Program.
FISCAL IMPACT:
The fee included in the attached agreement with O’Day Consultants, Inc. is $332,896. Suffic
funds are currently available in the project accounts (3593 and 36461). The fee for the prelimir
design and environmental permitting was $188,055. Overall project costs for preliminary des
environmental permitting and final design are expected to be $520,951.
EXHIBITS:
1. Location Map.
2. Resolution No. 98-299 approving a mitigated negative declaration, a Mitigi Monitoring and Reporting Program and an agreement for design services for Fan
Avenue extension with O’Day Consultants, Inc.
3. Agreement for Design Services for Faraday Avenue Extension for Improvement PI:
Project Specifications, and Cost Estimates with O’Day Consultants, Inc., Project No. 359
4. Mitigated Negative Declaration Case No. 3593 issued by the Planning Direc
July 2, 1998.
5. Mitigation Monitoring and Reporting Program dated June 1998.
e e
FARADA Y A VENUE
1
0 e
' II RESOLUTION NO. 98-299
2
3
4
5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION, MITIGATED MONITORING AND REPORTING
PROGRAM AND AN AGREEMENT FOR DESIGN SERVICES WITH
O'DAY CONSULTANTS, INC.. FOR FARADAY AVENUE EXTENSION.
WHEREAS, the Faraday Avenue Road Extension Project was included in the Gc
6 Plan update environmental review, MElR 93-01; and
7 WHEREAS, the City Council of the City of Carlsbad has reviewed, analyzec * considered the Mitigated Negative Declaration for Faraday Avenue road extension (for the d
9 contract for Faraday Avenue), the environmental impacts therein identified for the projec
10 any comments thereon, and the Mitigation Monitoring and Reporting Program attached ht
11 prior to APPROVING the project; and
12 WHEREAS, Public Facilities Fees and Community Facility District No. 1 fund!
13 available for the Faraday Avenue Road Extension Project; and
WHEREAS, staff has previously solicited proposals from qualified civil engineering 14 I I pursuant to Carlsbad Municipal Code 3.28.1 50 to provide these necessary services to the
15 I I and 16 WHEREAS, as a result of said consultant selection process, O'Day Consultants, Inc.
I' selected as the ' most qualified civil engineering firm lo perform preliminary design
l8 environmental review; and
19
WHEREAS, it is in the best interest of the City to approve the agreement with ( 20
WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
21 Consultants, Inc.; and
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl
23 California, as follows:
II 1. That the above recitations are true and correct. 24
2. The City Council finds as follows:
25 A. The Faraday Avenue Road Extension Project is included in MElR 93-1
26 Ill *'
Ill 28
Ill
0 0
1 B. Based on the EIA Part II and comments thereon, there is no substantial evidf
2 the praject Will have a significant effect on the environment with the implementation of
mitigation measures identified and described in MElR 93-01 , and the Mitigated Neg; 3
4 I I Declaration Case No. 3593.
C. The Mitigated Negative Declaration Case No. 3593 and Mitig;
5 Monitoring and Reporting Program have been prepared in accordance with requirements ol
6 California Environmental Quality Act, the State Guidelines and the Environmental Protec
Procedures of the City of Carlsbad. 7
a
9 judgment of the City Council.
D. Mitigated Negative Declaration Case No. 3593 reflects the indepen
10 3. That the City Council hereby approves the Mitigated Negative Declaration
11
12
adopts the Mitigation Monitoring and Reporting Program.
4. That the consultant agreement between the City of Carlsbad
13 O'Day Consultants, Inc., is hereby approved and the Mayor is authorized and directed to exe
14 said agreement.
l5 // PASSED, APPROVED AND ADOPTED at a regular rneeting of the Carlsbad City Co
16 held on the 8th day of September , 1998 by the following vote, to wit:
17 AYES:
18 NOES:
19
20
21
22
23 ATTEST:
24
25 26 &duiGj+z" KAREN h. KUNDTZ, A 'stant City Clerk
27
28
(SEAL)
0 0
EXHIBIT 5 MITIGATION MONITORING AND REPORTING PROGRAM
DUET
EXPANDED INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION
MITIGATION MONITORING PROGRAM
for the
FARADAYAVENUE ROADWAYEXTENSION
~~
City of Carlsbad
June 1998
Cotton/BeZand/Associates (C!?
0 e
DRAFT
EXPANDED INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION
MITIGATION MONITORING PROGRAM
for the
FARADAY AVENUE ROADWAY EXTENSION
JUNE 1998
Prepared for:
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009
Prepared by:
Cotton/Beland/Associates, Inc.
6336 Greenwich Drive, Suite F
San Diego, California 92 122
747 East Green Street, Suite 300
Pasadena, California 9 1 101
999.00
0 0
FARADAY AVENUE ROADWAY EXTENSION MND MITIGATION MONITORING PROGRAM
PURPOSE OF THE MONITORING PROGRAM
The Mitigation Monitoring Program is written in accordance with Section 21081.6 of tk
Public Resources Code, which was added by Assembly Bill 3 180 and became effective c
January 1, 1989. The purpose of the program is to ensure that the mitigation measurt
required by the Expanded Initial StudyMitigated Negative Declaration for the Faadz
Avenue Roadway Extension project are properly implemented. The City will monitor ti
mitigation measures required for development and operation of the Faraday Avenu
Roadway Extension project. The Mitigation Monitoring Checklist provides a mechanisr
for monitoring the mitigation measures in compliance with the MND, and general guideline
for the use and implementation of the monitoring program are described below.
MITIGATION MONITORING CHECKLIST
The Mitigation Monitoring Checklist is organized by categories of environmental impact2
(e.g., Biological Resources, Geology, Archaeology). For each impact area, the impact
identified in the MND are summarized and the required mitigation measures are listed. The
following items are identified for each mitigation measure to ensure proper implementatior
and to establish a monitoring system: When Applied, MonitoringReporting Agency
Monitoring Mechanism, Status and Frequency to MonitorReprt. A description of thesc
items is provided below.
When Applied
The mitigation measures required for the Faraday Avenue Roadway Extension project will be implemented at various times as development proceeds and during operation. Some
measures must be implemented during construction activities, while others must be
implemented when the roadway is developed and in operation. For each mitigation measure,
the implementation schedule is identified as Pre-Construction, During Construction and Post
Construction (during operation).
Monitoring/Reporting Agency
For each mitigation measure, the Monitoring Agency is identified. The monitoring agency
is responsible for ensuring that the mitigation measures are properly implemented. City
departments charged with community development, resource management, infrastructure and
public services are typically assigned monitoring responsibilities. If mitigation measures
have been requested by an agency that has jurisdiction by law over some component of the
' environment, the City can request the agency to prepare a mitigation monitoring program for
those mitigation measures.
Faradq Avenue Roadway Extension Drafr Mitigated Negative Declaration 1 City ojcarlsbad June 1998
0 0
Monitoring Mechanism (i.e., shown on plans, installed on-site)
The Monitoring Mechanism identifies the specific step in the development regulatory process
where implementation of the measure will be required. For example, completion of
archaeological studies may be required prior to approval of a grading permit. The
information in this column tells the Monitoring Agency how specific measures will be
incorporated into the development process and when monitoring should occur.
Status (verified datdinitialed)
The Status column of the checklist has been intentionally left blank. City staff will use this
column to make notes about the progress made in implementing each measure. Upon full
implementation of the measure, the completion date will be entered and initialed.
Frequency to MonitorhZeport
Measures will need to be monitored prior to construction, throughout construction, on
completion, during operation, or on violation. The 'checklist identifies the monitoring
frequency for each measure. Reporting frequency will also vary and will occur once on
completion, on violation, or ongoing. The checklist identifies the reporting frequency.
HOW TO USE THE MONITORING PROGRAM
The Expanded Initial StudyMitigated Negative Declaration for the Faraday Avenue
Roadway Extension project identifies a number of mitigation measures to reduce significant
environmental impacts. Some of the mitigation measures apply to the entire project site and
must be implemented before any development occurs. Other mitigation measures will be
implemented during project operations. As a result, the implementation schedule for each
measure varies as described in the table.
~~
Faraday Avenue Roadway Exlension
Drafl Mitigated Negative Declaration 2
City vf Carlsbad
June 1998
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AGREEMENT FOR DESIGN SERVICES FOR
FARADAY AVENUE EXTENSION FOR IMPROVEMENT PLANS,
PROJECT SPECIFICATIONS, AND COST ESTIMATES
PROJECT NO. 3593
THIS AGREEMENT is made and entered into as of the /r” day 01
, 19z, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and O’DAY CONSULTANTS, INC., a
California corporation, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a Contractor to provide the necessary civil design
and environmental services for preparation of rough grading plans, improvement plans,
project specifications, cost estimates and resource agency permitting; 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.
rev. 7/1/98
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2. CITY OBLIGATIONS
The City shall provide the Contractor with copies of plans and reports that pertain
to the project and are on file at the City of Carlsbad upon request. The City shall
provide the Contractor with the latest update of the boilerplate specifications upon
request.
3, PROGRESS AND COMPLETION
The work under this contract will begin within three (3) days after receipt of
notification to proceed by the City and be completed within two hundred (200) working
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 $332,896. 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."
rev. 711 I98
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5. DURATION OF CONTRACT
This agreement shall extend for a period of eight (8) months from date thereof.
The contract may be extended by the City Manager for one (1) additional one (1) 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.
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 items:
TASK I: Rouah Gradins Faradav Avenue Extension
0 , Original mylars, completed without sticky backs, ready for City Engineer
signature.
0 One (1) copy of technical specifications, technical specifications in MS
Word on disk and one unbound hard copy and standard reference
drawings and utility company drawings.
0 One (1) set of grading and related improvements, and right-of-way plats in
AutoCAD on diskette.
0 Cost estimate in MS Excel, item numbers matching bid sheets.
Technical specifications.
0 All design related computer disks not described above.
rev. 711 I98
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0 e
0 Three (3) sets of final signed and sealed reports including, but not limitec
to, soil, hydrology, hydraulics and earthwork.
0 Four (4) final signed and sealed soils update letter or report as
appropriate.
@ Version of MS Word, MS Excel and AutoCAD currently used by City
required.
TASK II: Improvements Faradav Avenue Extension
0 Original mylars, completed without sticky backs, ready for City Engineer
signature.
0 Original plats and legal descriptions for right-of-way appropriately signed
and sealed and legal description not included in Task I. ’
One (1) COPY of technical specifications, technical specifications on MS Word on disk, one unbound hardcopy and standard reference
drawings and utility company drawings.
0 One (1) set of improvements plans, striping and signing plan, traffic signal
and right-of-way plats in AutoCAD on diskette.
0 Cost estimate in MS Excel.
0 All design related computer disks not described above.
0 Three (3) sets of final signed and sealed reports including, but not limited
to, soil, hydrology, hydraulics and earthwork.
0 Four (4) final signed and sealed soils update letter or report as
appropriate.
0 Version of MS Word, MS Excel and AutoCAD currently used by City
required.
TASK 111: Environmental Permittinq
0 Three (3) original reports as required by Resource Agencies.
a Original permits.
rev. 711 198
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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 tc
inform them of the proposed changes along with a statement of estimated changes ir
charges or time schedule. A Standard Amendment to Agreement shall be prepared bl
the City and approved by the City according to the procedures described in Carlsbac
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rend€
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained an
company or person, other than a bona fide employee working for the Contractor, t
solicit or secure this agreement, and that Contractor has not paid or agreed to pay an
company or person, other than a bona fide employee, any fee, comrnissiol
percentage, brokerage fee, gift, or any other consideration contingent upon, or resultir
from, the award or making of this agreement. For breach or violation of this warrant
the City shall have the right to annul this agreement without liability, or, in its discretio
to deduct from the agreement price or consideration, or otherwise recover, the fi
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
rev. 7/71
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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
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.
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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 submitfed 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 seq., 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 grou for the City of Carlsbad to disqualify the Contractor
from the selection process. &f nitial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
h 3.3 .027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
itial)
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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, retiremenl
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 an)
balance owing to the Contractor.
rev. 711 191
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a a
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,
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.
rev. 711 t98
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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
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 of
indirectly employed by the subcontractor, as Contractor is for the acts and omissions oi
persons directly employed by Contractor. Nothing contained in this contract shal'
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of :
subcontractor by the terms of this contract applicable to Contractor's work unlesm
specifically noted to the contrary in the subcontract in question approved in writing b,
the City.
rev. 711 19
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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
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 18, "Hold Harmless Agreement," all
terms, conditions, aLd 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.
rev. 711198 -11 -
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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.
25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and an)
and all amendments insurance against claims for injuries to persons or damage tc
property which may arise out of or in connection with performance of the worl
hereunder by the Contractor, his agents, representatives, employees or subcontractors
Said insurance shall be obtained from an insurance carrier admitted and authorized tc
do business in the State of California. The insurance carrier is required to have i
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy fo
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limit
indicated herein, unless a lower amount is approved by the City Attorney or Cit
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combine
single-limit per occurrence for bodily injury, personal injury and property damage. If th
submitted policies contain aggregate limits, general aggregate limits shall app~
rev. 7111S
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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 anc
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability. appropriate tc
the contractor's profession with limits of not less than $1,000,000 per claim. Coveragc
shall be maintained for a period of five years following the date of completion of thc
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under thi
agreement contain, or are endorsed to contain, the following provisions,
I. The City shall be named as an additional insured on all policie
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the Cii
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excludir
Professional Liability which shall be written as claims-made coverage.
rev. 7l11E
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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 aptian 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.
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rev. 7f 1 f98
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26. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receivt
written notice on behalf of the City and on behalf of the Contractor in connection witt
the foregoing are as follows:
For City:
For Contractor:
Title Associate Engineer
Name S herri Howard
Address 2075 Las Palmas Drive
Carlsbad, CA 92009
Title President
Name Patrick N. O’Day
Address 5900 Pasteur Court
Carlsbad. CA 02008
ArchitecVLicense Number: &3”72/e
ArchitecVLicense Number:
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 01
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. 711 I98
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writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this Jfi day of 9- 199p.
CONTRACTOR: ykTF/unicipal /?,;I oJ7 ; t f California
O'DAY CONSULTANTS, INC., A California Corpmion
By: ?//4.I'
(sign Mere)
Patrick N. O'Dav/President ATTEST: (print name/title)
By: (sign here) ~J/w/k% ,
Patrick N. O'Dav/Secretarv (print name/title)
(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 tc
bind the corporation.)
ALWA LWEWNZ City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY c
rev. 7f 1 f9E
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CALIFORNIA ALL=PURPO d E ACKNOWLEDGMENT 0
%i 4 County of - State of Pa 1 i f nrn i a
P g August 28, 1998 fi On Teri Hayes, Notary Public before me,
x. Date Name and Ttle ol Otficer (e.g.. "Jane Doe. Notary Pbblic") +:
r*l (j. personally appeared Dat- I
Namefs) 01 Stgner(s) $
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pl fi fi fi %i fi B
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3 personally known to me --VW&k348 I1p ~hrslcx%i~sQUW6to be the personp
whose name(a is/acersubscribed to the within instrumel
and acknowledged to me that he&hdkq executed th
same in his/her/their authorized capacity(ies), and that I:
his/t&&eistsignature@) on the instrument the person(f
or the entity upon behalf of which the person(a) actec
executed the instrument.
WITNESS my hand and official seal.
SI nature of Notary Public
'5 i.: OPTlONAL k fi
8 $ Title or Type of Document: Prnf ~ss i nna 1 .*rvi rnmt PU x7 t Document Date: AIIQUS~ 78. 1998 Number of Pages: 21 8 Signer(s) Other Than Named Above: -
$ g
Though the information below is not required by /aw, it may prove valuable to persons relying on the document and could prevel
fraudulent removal and reattachment of this form to another document.
(5 ?: f2 Description of Attached Document
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6 2 Capacity(ies) Claimed by Signer(s)
Signer's Name: Patrick N . 0 ' Day Signer's Name:
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C Corporate Officer
C Partner - 3 Limited Z General C Attorney-in-Fact
3 Trustee
3 Guardian or Conservator X Other: Secretary and
Title(!$:
President
i I Signer Is Representing: I I
Z Individual
L. Corporate Officer
J Partner - 2 Limited 1 General Z Attorney-in-Fact
5 Trustee 1 Guardian or Conservator
- Other:
Title(s): -
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Signer Is Representing:
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B 1995 Natjonal Nolary Assoclatlon * 8236 Remmet Ave . PO Box 7184 * Canoga Pa*. CA 91309-7184 Prod. No. 5907 Reorder: Call Tall-Fre
0 0
EXHIBIT "A"
SCOPE OF WORK FARADAY AVENUE
TASK I: FARADAY AVENUE ROUGH GRADING PLAN
1. Plans. SDecifications and Estimates
A. Prepare grading and erosion control plans at 40-scale in AutoCAD to be submitted for plancheck at 70 percent, 100 percent and "mylar" completion to include storm drain, grading for the street, erosion control
using Best Management Practices and an undercrossing.
B. Coordination with Carlsbad Municipal Water District who will be designing water, sewer and reclaimed water lines and dry utility companies.
C. Prepare hydrology studies and hydraulic calculations for the design of the
project storm drains and any facilities required for storm water pollution prevention.
D. Prepare conceptual storm drain plan and coordinate drainage with Parks
E. Prepare an engineer's estimate to be submitted with each plancheck
, separate into grading, storm drain and undercrossing. Item numbers to
Planner and proposed golf course designer.
match bid sheets.
F. Prepare an earthwork estimate including shrinkagelbulking, alluvial quantities, estimated remedial quantities and cross sections.
G. Prepare technical specifications.
H. Reproductions.
TASK II: FARADAY AVENUE PLANS. SPECIFICATIONS AND ESTIMATES
I. Plans. Soecifications and Cost Estimates
A. Prepare improvement plans, grading plans to show surcharge removal and erosion control at 40-scale in AutoCAD (verify current version City using) to be submitted for plancheck at 50 percent, 90 percent and 100 percent completion to include:
A- 1
B.
. . . . . . . . .. .
C.
D.
E.
F.
G.
H.
1.
0 0
Storm drain, street improvements, signing and striping (see L), stref lights, finish grading and erosion control (see D), landscaping an irrigation (see I), traffic signal (see L) at the intersection with Canno Road.
The cover sheet will include landscape and irrigation plans for Canna Road West from Macario Canyon Bridge to Faraday Avenue.
Coordination with Carlsbad Municipal Water District who w
pressure reducing stations for water and reclaimed water.
Prepare hydrology studies and hydraulic calculations for the design ( project storm drains and any required for storm water pollution preventic (not covered in Task I).
"dAslnninnrnN.andl"..rn;ul
Prepare Storm Water Pollution Prevention Plan as required for NPDE permit.
Prepare engineer's estimate at 50 percent, 90 percent and 100 perce submittal, separate into roadway improvements and landscar improvements. Item numbers to match bidsheets.
Prepare earthwork estimate including shrinkage/bulking, alluvi quantities, estimated remedial quantities, and cross sections.
Provide a design schedule which will be updated with each submittal ( monthly, whichever occurs first.
Prepare technical specifications in Standard specifications for Pub1 Works Construction ("Green Book") format and provide one original typc document with bound copies during 50 percent, 90 percent and 1[
percent plancheck. The Specifications will reference the region specifications and modifications required by the project. Permits will t
Word (verify most current City version) at mylar submittal. Specificatiol and bid sheets and cost estimate to include landscape, irrigation ar median work in Cannon Road from Macario Canyon bridge easterly Faraday Avenue.
Landscape Plans (Teshima)
1. Irrigation plans at 40-scale, together with associated legend notes, and details, to cover the medians and adjacent slopes. TI plans will indicate piping, valves, control equipment, sprinkl
heads and quick couple locations.
attached as appendices. Submit unbound original plus one disk in N
A-2
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2. Planting plans at 40-scale, together with associated legends, notes, and details, to cover the medians and adjacent slopes. The plans will indicate the locations and type of plant materials to be preserved or removed. A plant list including quantities, sizes, and varieties of material shall be included.
3. Plant pallette and conceptual planting plan to be provided by City.
J. Coordinate and provide base sheets on computer disk files, a: required for:
1. Dry utility design (SDG&E, Pacific Bell and Cable T.V.).
2. Environmental specialist (Cotton Beland Associates).
3. Carlsbad Municipal Water District.
K. Geotechnical (Leighton and Associates)
1. Perform final geotechnical plan review and sign plans.
2. Compile geotechnical reports performed for Faraday Avenue.
3. Design plans and specifications for subdrains.
4. Make recommendation to accelerate consolidation of material tha will cause construction delays.
5. Provide plans and specifications for buttressing at ancient landslides.
L. Traffic (Linscott, Law and Greenspan)
1. Traffic signal design:
a. One new traffic signal design at Cannon Road at 40-scale, together with associated legends.
b. Standard specifications and special provisions (based or: City of Carisbad Standards).
2. Striping and signing plans at 40-scale, specifications and special provisions.
3. Construction traffic control plan at 40-scale.
A-3
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M. Attend meetings with the City to discuss project. Provide the City witt- copies of telephone conversation reports, meeting minutes and communications and transmissions to other entities and agenciez regarding this project.
N. Reproduction expenses include providing ten (IO) blueline sets of plans specifications, and estimates, if required, for plancheck at 70 percent, 9( percent and 100% submittals, and complete plans in 40-scale on myla
and four sets bluelines ready for City Engineer's signature. Improvement! will include storm drain, street improvements, street lights, grading an( erosion control, traffic signal, signing and striping, traffic control an( landscaping and irrigation for median and slopes.
0. Coordinate with SDG&E, Pacific Bell, Daniels Cablevision, and Petroleun Company (Power Plus). Each will receive two sets of plans (four sets fo SDG&E) with plancheck unless otherwise indicated. Provide City copie: of transmittals and utility company correspondence. The scope of thesc services include:
0 Prepare dry utility budget estimates.
0 Locate and determine potential source and capacity of existin!
facilities.
Identify potential conflicts with existing and proposed facilities.
0 Perform research and coordination with utility companies and othE
consultants.
0 Prepare designs for the electric and gas distribution facilities an
for conversion or relocation of overhead lines (if required by utilit
-companies and municipalities).
e Provide base and design AutoCAD drawing files for use by th
utility companies with project requirements indicated includin
service points for street lights, traffic signals, irrigation controllel
and stubs for future improvements and development areas E
required.
0 Coordinate with other consultants, agencies and utility companic
to ensure compatibility with the other consultants' work and 1
ensure compatibility with existing and planned future utility lines.
A4
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@ Coordinate with utility companies for meter and service locationt
and for conduit and cable sizing based on expected loads
coordinate with utility company transmission departments fo
permission to grade within transmission easements and for an!
conflicts with the transmission facilities.
0 Monitor design progress through utilities to ensure that CATV
telephone, gas and electric designs are completed on schedule.
0 Ensure that the necessary utility easement documents arc
prepared.
0 Study final designs and utility agreements for correct tari
applications.
0 Prepare final project package with utility installation requirement
and estimated take-off quantities for bidding purposes.
0 Schedule and attend preconstruction meeting with trenchin
contractor and utility representatives.
P. Any changes to the Scope of Work items by the City of contradictions t
the assumptions for which the fees are based will require a signe
amendment to the agreement from the City.
TASK 111: FARADAY AVENUE PERMITTING
0 Consultant will prepare and meet as necessary to process 4((
permit, Coastal Development Permit, Regional Water Quality Boar
Permit and NPDES permit.
o Permitting includes preparation of application and exhibits ar
attendance at public hearings as required.
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EXHIBIT “A”
TASK I: ROUGH GRADING
TABLE 2 DISTRIBUTION LIST
.. 1 . I 70~g.loo% “Mylar” 4 4 Sets I
3593 - FARADAY AVENUE
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Assistant City Engineer
Traffic Engineer
Principal Civil Engineer
Design and Planning File
Principal Construction Inspector community Services, Parks Maintenance Community Services, Parks Planner
Community Services, Streets
Planning Department
Planchecker
CMWD Principal Civil Engineer, Land Development Division
Municipal Projects Manager
Principal Civil Engineer
Principal Construction Inspector
H Planchecker m File
I I
Consultant shall submit appropriate number of plans to all interested parties and utility companie jurisdiction in the area. See attached City of Carlsbad Utility Notification Log form (Exhibit “B).
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TASK It: FINAL IMPROVEMENTS
3593 - FARADAY AVENUE
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Assistant City Engineer Traffic Engineer Principal Civil Engineer, Design and Planning Section Design and Planning File Principal Construction Inspector Parks Maintenance
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0 Principal Civil Engineer-Design and Planning I E Principal Construction Inspector
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Consultant shall submit appropriate number of plans to all interested parties and utility companie!
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A-10
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- 0 EXHIBIT 4 e
- Citv of Carlsba( P --- " - -~ - - -
W
MITIGATED NEGATIVE DECLARATION
Project AddresdLocation: South of future Cannon Road and north of the existing terminu
Faraday Avenue.
Project Description: The construction of a 5,400 foot segment of Faraday Avenue
split alignment.
The City of Carlsbad has conducted an environmental review of the above described prc
pursuant to the Guidelines for Implementation of the California Environmental Quality Act
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said revie1
Mitigated Negative Declaration (declaration that the project will not have a significant impac
the environment with mitigation) is hereby issued for the subject project. Justification for
action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in
Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from
public are invited. Please submit comments in writing to the Planning Department withir
days of date of issuance. If you have any questions, please call Christer Westman in
Planning Department at (760) 438-1 161, extension 4448.
DATED: JULY 2,1998
CASE NO: CDP 98-39
CASE NAME: FARADAY ROAD EXTENSION . PUBLISH DATE: JULY 2,1998
MICHAEL J. HOEMILSR
Planning Director
2075 La Palmas Dr. Carlsbad, CA 92009-1 576 - (760) 438-1 161 FAX (760) 4384
0 0
ENVIRONMENTAL DMPACT ASSESSMENT FORM - PART 11
CASE NO;
OATE: May 29. 19
BACKGROUND
1. CASE NAME: Faraday Avenue
2. APPLICANT: Citv of CarlsbadSherri Howard
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas/(760) 438-1 161 ext. 442’.
4. DATE EIA FORM PART I SUBMITTED:
5. PROJECT DESCRIPTION: See Page 3
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially afiected by this projec
involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impac
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
0 Land Use and Planning 0 TransportatiodCirculation 0 Public Services
0 Population and Housing fxI Biological Resources 0 Utilities & Service Systems
Geological Problems 0 Energy & Mineral Resources 0 Aesthetics
Ix) Water c] Hazards w Cultural Resources
0 Air Quality 0 Noise 0 Recreation
@ Mandatory Findings of Significance
Faraday Avenue Roadway Extension
Draji Mitigated Negative Declaration 13 City of Carlsbad
June 1998
0 0
DETERMINATION.
(To be completed by the Lead Agency)
0 I find that the proposed project COULD NOT have a significant effect on
environment, and a NEGATIVE DECLARATION will be prepared.
@J I find that although the proposed project could have a significant effect on '
environment, there will not be a significant effect in this case because the mitigat
measures described on an attached sheet have been added to the project. A NEGATI'
DECLARATION will be prepared.
0 I find that the proposed project MAY have a significant effect on the environment, and
ENVIRONMENTAL IMPACT REPORT is required.
0 I find that the proposed project MAY have significant effect@) on the environment, but
least one potentially significant effect 1) has been adequately analyzed in an earl:
document pursuant to applicable legal standards, and 2) has been addressed by mitigati
measures based on the earlier analysis as described on attached sheets. An EIR
required, but it must analyze only the effects that remain to be addressed.
0 I find that although the proposed project could have a significant effect on t
environment, there WILL NOT be a significant effect in this case because all potentia;
significant effects (a) have been analyzed adequately in an earlier EIR pursuant
applicable standards and @) have been voided or mitigated pursuant to that earlier E11
including revisions or mitigation measures that are imposed upon the proposed projec
Therefore, a Notice of Prior Compliance has been prepared.
&lrolq0
Planner Signature Date
Christer Westman
& Jzqldlu
Date
Michael Holzmiller
Faraday Avenue Roadwq Extension
Draji Mitigated Negative Declaration
14 City of Carlsbc
June 199
0
ENVIRONMENTAL IMPACTS
0
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the C
conduct an Environmental Impact Assessment to determine if a project may have a signific
effect on the environment. The Environmental Impact Assessment appears in the follow
pages in the form of a checklist. ThlS checklist identifies any physical, biological and hw
factors that might be impacted by the proposed project and provides the City with informatior
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negat
Declaration, or to rely on a previously approved EIR or Negative Declaration.
0 A brief explanation is required for all answers except “No Impact” answers that
adequately supported by an information source cited in the parentheses following e;
question. A ‘‘No Impact” answer is adequately supported if the referenced informat
sources show that the impact simply does not apply to projects like the one involved.
“No Impact” answer should be explained when there is no source document to refer to,
it is based on project-specific factors as well as general standards.
e “Less Than Significant Impact” applies where there is supporting evidence that
potential impact is not adversely significant, and the impact does not exceed adop
general standards and policies.
e ‘‘Potentially Significant Unless Mitigation Incorporated” applies where the incorporat
of mitigation measures has reduced an effect -from “Potentially Significant Impact’’ t ‘‘Less Than significant Impact.” The developer must agree to the mitigation, and
City must describe the mitigation measures, and briefly explain how they reduce
effect to a less than significant level.
0 “Potentially Significant Impact” is appropriate if there is substantial evidence that
effect is significant.
Based on an “EIA-Part II”, if a proposed project could have a potentially signific
effect on the environment, but &l potentially significant effects (a) have been analy:
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applica
standards and (b) have been avoided or rnitlgated pursuant to that earlier EIR or Mitiga
Negative Declaration, including revisions or mitigation measures that are imposed UI
the proposed project, and none of the circumstances requiring a supplement to
supplemental EIR are present and all the mitigation measures required by the PI
environmental document have been incorporated into this project, then no additio
environmental document is required (Prior Compliance).
When “Potentially Significant Impact” is checked the project is not necessarily requi
to prepare an EIR if the significant effect has been analyzed adequately in an earlier E
pursuant to applicable standards and the effect will be mitigated, or a “Statement
Overriding Considerations” has been made pursuant to that earlier EIR.
e A Negative Declaration may be prepared if the City perceives no substantial evidence 1
the project or any of its aspects may cause a significant effect on the environment.
-~ ~ ~~~ ~
Faraday Avenue Roadway Extension
Drqft Mitigated Negative Declaration
I5 City ofcurls
.Juw I
0 0
If there are one or more potentially significant effects, the City may avoid preparing
EIR if there are mitigation measures to clearly reduce impacts to less than significant, a
those mitigation measures are agreed to by the developer prior to public review. In t
case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporate
may be checked and a Mitigated Negative Declaration may be prepared.
0 An EIR must be prepared if “Potentially Significant Impact” is checked, and includj
but not limited to the following circumstances: (1) the potentialiy significant effect 1
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, E
the developer does not agree to mitigation measures that reduce the impact to less th
significant; (2) a “Statement of Overriding Considerations’’ for the significant impact k
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not redu
the impact to less than significant, or; (4) through the EIA-Part I1 analysis it is r
possible to determine the level of significance for a potentially adverse effect,
determine the effectiveness of a mitigation measure in reducing a potentially signific:
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end oft
form under DISCUSSION OF ENVIRONMENTAL -EVALUATION, Particular attenti1
should be given to discussing mitigation for impacts which would otherwise be determin
significant.
Faraday Avenue Roadway Extension
Druji Mitigated Negative Declaration
16 City of Cudsbt
June 195
0
Issues (and Supporting Information Sources).
I. LAND USE AND PLANNING. Would the proposal:.
a) Conflict with general plan designation or zoning?
(Source #(s):
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the
project?
c) Be incompatible with existing land use in the vicinity?
d) Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts hm incompatible
land uses?
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)?
11. POPULATION AND HOUSING. Would the proposal
a) Cumulatively exceed official regional or local
population projections?
b) Induce substantial growth in an area either directly or
indirectly (eg through projects in an undeveloped area
or extension of major infrastructure)?
c) Displace existing housing, especially affordable
housing?
111. GEOLOGIC PROBLEMS. Would the proposal result in or
expose people to potential impacts involving:
a) Fault rupture?
b) Seismic ground shaking?
c) Seismic ground failure, including liquefaction?
d) Seiche, tsunami, or volcanic hazard?
e) Landslides or mudflows?
f) Erosion, changes in topography or unstable soil
g) Subsidence of the land?
h) Expansive soils?
i) Unique geologic or physical features?
conditions from excavation, grading, or fill?
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the
b) Exposure of people or property to water related hazards
c) Discharge into surface waters or other alteration of
rate and amount of surface runoff!
such as flooding?
surface water quality (e.g. temperature, dissolved oxygen or turbidity)?
Faradqv Avenue Roadwqy Extension 17
Dr4i Mitigated Negative Declaration
0
Potentially Potentially Significant Significant
Impact Unless
Mitigation Incorporated
0 CI
13 0
I7 0 0
0 0
0 0
0
0 0
0 0 0
0 0
0 0
IXI 0
IXI IXI
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0 0
0 Kl
Less Than
Significant I:
Impact
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City of Carl2
June 1
0
Issues (and Supporting Information Sources).
d) Changes in the amount of surface water in any water
body?
e) Changes in currents, or the course or direction of water
movements?
f) Changes in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability?
g) Altered direction or rate of flow of groundwater?
h) Impacts to groundwater quality?
i) Substantial reduction in the amount of groundwater
otherwise available for public water supplies?
0
Potentially
Significant
Impact
0
Potentially
Signlficant Unless Mitigation
Incorporated
0
0
0
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
b) Expose sensitive receptors to pollutants?
c) Alter air movement, moisture, or temperature, or cause
any change in climate?
d) Create objectionable odors?
existing or projected air quality violation?
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion?
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)?
0 0 0 0 0
0
0 0
0
0
0 0
0 0
c) Inadequate emergency access or access to nearby uses?
d) insufficient parking capacity on-site or off-site?
e) Hkds or barriers for pedestrians or bicyclists?
f) Conflicts with adopted policies supporting alternative
0 0 0 0 0
transportation (e.g. bus turnouts, bicycle racks)? 0 0
g) Rail, waterborne or air traffic impacts?
VII. BIOLOGICAL RESOURCES. Would the proposal result
in impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds?
bj Locally designated species (e.g. heritage trees)?
C) Locally designated natural communities (e.g. oak
d) Wetland habitat (e.g. marsh, riparian and vernal pool)?
e) Wildlife dispersal or migration corridors?
forest, coastal habitat, etc.)?
0
0 0
0 0
0
IXI
IXI
0 0
Faraday Avenue Roadway Extension
Drafi Mitigated Negative Declaration
18
Less Than 1 Significant Im Impact
E ue
IXI [
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City of Carlsl
June I5
0
Issues (and Supporting Information Sources).
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans?
b) Use non-renewable resources in a wasteful and
inefficient manner?
c) Result in the loss of availability of a known mineral
resource that would be of future value to the region and
the residents of the State?
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency response plan
or emergency evacuation plan?
e) The creation of any health hazard or potentia1 health
hazards?
d) Exposure of people to existing sources of potential
health hazards?
e) Increase fire hazard in areas with flammable brush,
grass, or trees?
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise levels?
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
services in any of the following areas:
a) Fire protection?
b) Police protection?
c) Schools?
d) Maintenance of public facilities, including roads?
e) Other governmental services?
XII.UT1LITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas?
b) Communications systems?
c) Local or regional water treatment or distribution
d) Sewer or septic tanks?
e) Storm water drainage?
facilities?
Faradq Avenue Roadwqv Extension 19
Draft Mitigated NegaLive Declaration
0
Potentially Potentially Less Than
Significant Significant Significant In Impact Unless impact
Mitigation
Incorporated
0 0. 0 I 0.0 17 1
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0
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City of Curlst
June 19
0 0
Issues (and Supporting Information Sources). Potentially
Significant
Impact
f) Solid waste disposal?
g) Local or regional water supplies?
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway?
b) Have a demonstrate negative aesthetic effect?
c) Create light or glare?
0 0
I3 c1 0
Potentially
Signjficant
Unless
Mitigation
Incorporated
0 0
0 0 U
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources?
b) Disturb archaeological resources?
c) Affect historical resources?
d) Have the potential to cause a physical change which
0 IXI 0 IXI 0 0
would affect unique ethnic cultural values? 0 0 e) Restrict existing- religious or sacred uses within the
potential impact area?
XV.RECREATI0NAL. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities?
b) Affect existing recreational opportunities?
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)?
c) Does the project have environmental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
0
0
0
0
0
0
0
0
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Faraday Avenue Roadway Extension
Draft Mitigated Negative Declaration
20
Less Than
Significant 11
Impact
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June 1
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XVII. EARLIER ANALYSES.
e
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other Cj
process, one or more effects have been adequately analyzed in an earlier EIR or neg
declaration. Section 15063(c)(3)(D). In this case a discussion should identifq
following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are avail
for review.
b) Impacts adequately addressed. Identify which effects from the above chec
were within the scope of and adequately analyzed in an earlier document purs
to applicable legal standards, wd state whether such effects were addressec
mitigation measures based on the earlier analysk.
e) Mitigation measures. For effects that are "Less than Significant with Mitigs
Incorporated," describe the mitigation measures which were incorporate(
refined from the earlier document and the extent to which they address
specific conditions for the project.
Faraday Avenue Roadwqy Extension 21 City of Carlsr
Draji Mitigated Negative Declaration June l!
0 0
LIST OF MITIGATING MEASURES
GEOLOGY
1. Information and recommendations provided in the Leighton and Associates, Inc., PI
geotechnicallsoils report shall be incorporated into plans for site grading and constructiol
2. All grading and subsequent development plans shall be reviewed by a certified eng.
andor engineering geologist prior to finalization to determine the need for addit;
measures andor analysis. During the review, special consideration shall be given tc
loose, potentially compressible surface deposits in the form of topsoil, alluvium, slopev
undocumented fill soils, ad landslide debris. Such materials will require remedial gra
where encountered.
WATER
1. Prior to approval of final design, a runoff control plan shall be prepared by a lice
hydrology engineer. The plan shall identify temporary and permanent erosion co
measures which will be utilized during construction and to be included in the improvel.
plans for the project, to the satisfaction of the Public Works Director.
BIOLOGY
1. Sage scrub impacts shall be mitigated on adjacent parklands or through off-site purch
The 6 acres of sage scrub directly impacted by the road can be effectively mitigated wi
the study area. A 2:l replacement ratio is recommended given the good quality ha1
proposed to be removed. A gap is proposed between golf links 13 and 15 on the propc
Carlsbad Golf Course project to the south. This has been previously proposed as a mitiga
area for the golf course (these links would be situated below the road). The gap provide
opportunity to connect the riparian habitat at the base of Macario Canyon below the propL
route for Faraday Avenue with sage scrub/chaparral above the road and within the study a
Areas above (i-e., north) the road within proposed parkiands would be an optimal placc
provide mitigation. This would improve corridor linkage spanning the canyon in an 2
where open agricultural fields currently deter some wildlife movement.
A mitigation alternative would be the purchase of sage scrub lands at a 2: 1 replacement ra'
within the Carlsbad Highland Mitigation Bank.
2. For each spring prior to construction, a protocol survey for the least Bell's vireo shall
conducted in the riparian woodland of Macario Canyon. Surveys have been conducted
the 1998 breeding season and no fkrther surveys shall be required should construction be
in the year 1999. The purpose of any additional surveys is to identify the location of ;
nesting sites in order to avoid construction related noise impacts. Construction on segme
of the roadway that are located in the vicinity of nesting birds shall not begin until a
August 1 , when the nesting cycle is completed.
Faraday Avenue Roadway Extension
Draji Mitigated Negative Declaration
22 City of Cads
June 1
0 e
CULTURAL RESOURCES
Paleontology
1. Prior to issuance of a grading permit, a qualified paleontologist shall be retained by the
to carry out an appropriate mitigation program. (A qualified paleontologist is defined
individual with an MS or Ph.D. in paleontology or geology who is familiar
paleontological procedures and techniques.)
2. A qualified paleontologist shall be present at the pre-grading meeting to consult wid
grading and excavation contractors.
3. A paleontological monitor shall be on-site a minimum of half-time during the original cu
of previously undisturbed sediments to inspect cuts for contained fossils. In the event
fossils are discovered, it may be necessary to increase the per/day in field monitoring 1
Conversely, if fossils are not being found then the monitoring should be red1
(Apaleontological monitor is defmed as an individual who has experience in the collec
and salvage of fossil materials. The paleontological monitor shall work under the direc
of a qualified paleontologist.)
4. When fossils are discovered the paleontologist (or paleontological monitor) shall recl
them. In most cases, this fossil salvage can be completed in a short period of t
However, some fossils specimens (such as a complete large mammal skeleton) may req
an extended salvage period. In these instances the paleontologist (or paleontolog
monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recover
fossil remains in a timely manner. Because of the potential for the recovery of small fi
remains, such as isolated mammal teeth, it may be necessary in certain instances, to set 1
screen-washing operation on the site.
5. Fossil remains collected during the monitoring and salvage portion of the mitigation prop
shall be cleaned, repaired, sorted, and cataloged.
6. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall eil
be deposited (as a donation) in a scientific institution with permanent paleontolog
collections such as the San Diego Natural History Museum or retained by the City
displayed to the public at an appropriate location such as a library or City Hall.
7. A final summary report shall be completed and retained on file at the City that outlines
results of the mitigation program. This report shall include discussions of the methods us
stratigraphic section (s) exposed, fossils collected, and significance of recovered fossils.
Archaeology
1. Prior to grading, a qualified archaeologist shall be retained by the City to determine
significance/importance of the portion of site CA-SDI-8303 that will be impacted by gradj
activity. The determination of significance/importance shall be made through a testi
program and shall be consistent with City of Carlsbad and CEQA criteria. The testi
Faraday Avenue Roadwq Extension
Draft Mitigated Negative Declaration
23 City of Carlsl
June 15
~ ~ ~~~
e @ program shall consist of surface collection of artifacts, recording of milling fea
excavation of shovel test pits and 1x1 meter units to determine -site size, depth, co
integrity and potential to address important research questions. A report shall be pre
summarizing the results of the testing program. The report shall contain recommend:
for data recovery for the site if it is determined to be significanthmportant under C:
Carlsbad and CEQA criteria.
2. If as a result of the testing program identified in Mitigation Measure 1, site CA-SDI-8:
determined to be significanthmportant, then a data recovery program shall be implemf
The data recovery program shall be implemented in accordance with the recommend:
for data recovery as provided in the testing report required under Mitigation Measure 1.
ATTACH MITIGATION MONITORING PROGRAM
A mitigation monitoring and reporting program has been prepared for the project and is k
under separate cover.
Faraday Avenue Roadway Extension
Draji Mitigated Negative Declaration
24 City of Ca
Junt
0 0 APPLICANT CONCURRENCE WITH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
lA, kbcu
Date Sherri Howard
Associate Engineer
Faraday Avenue Roadway Extension 25
Draji Mitigated Negative Declaration
City of Cai
June
0 0
7 City of Carlsbac
September 14,1998
O’Day Consultants
Patrick N. O’Day, President 5000 Pasteur Court
Carlsbad, CA 92008
RE: PROJECT NO. 3593, AGREEMENT FOR FARADAY AVE. EXTENSION
Enclosed for your records are copies of Carlsbad City Council Agenda Bill No. 14,837
and Resolution No. 98-299. These documents were approved by Council on
September 8, 1998. Also enclosed is one fully executed original agreement for the
above referenced project.
In accordance with Section 24 of enclosed agreement, you are required to file a Conflic
of Interest Statement with the Cartsbad City Clerk. Anyone in the company who is
working on this City project must file a Form 700, Statement of Economic Interests, anc
must report all Disclosure Categories which includes 1,2, 3, and 4.
Enclosed for your use are the following documents:
1. Form 700 1997-1 998 Statement of Economic Interests
2. Amended APpendix to the Local Conflict of Interest Code
3, Limitations and other Restrictions on Gifts, Honoraria, Travel and Loans
You may make as many copies of these documents as you need.
Your comdeted Assuminq Office Statement is due in the City Clerk’s Ofice no
later than 500 PM on October 14,1998.
If you have questions regarding this process, please call Karen Kundtz, Assistant City
Clerk, at (760) 434-291 7.
+3EL t \ifLf
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 (760) 434-2808