HomeMy WebLinkAbout2004-01-20; City Council; 17471; Power & Desalination Plants EIRCITY OF CARLSBAD -AGENDA BILL
AB# 17,471
MTG. 1/20/04
DEPT. PLN
TITLE: DEPT.HD.
REQUEST FOR APPROVAL OF AGREEMENTS FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE POWER AND DESALINATION e CITY ATTY.
CITY MGR GD? PLANTS PROJECT - EIR 03-05
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2004-025 , APPROVING agreements
with Poseidon Resources (Channelside) LLC and Dudek and Associates, Inc., for the preparation of
an Environmental Impact Report (EIR 03-05) for the Power and Desalination Plants project.
ITEM EXPLANATION:
Poseidon Resources Corporation and Cabrillo Power I LLC have submitted a precise development
plan application (PDP 00-02) and specific plan amendment application (SP144(H)) for the Encina
Generating Station and proposed seawater desalination plant. The proposed desalination would be
located within the boundaries of the generating station. The precise development plan application
serves to provide a record of the existing uses and components of the Encina Generating Station and
general development and use standards for the power plant property. The precise development plan
also serves as the application for the proposed desalination plant, which at maximum capacity could
convert 50 million gallons a day of seawater into drinking water. The specific plan amendment
application proposes to incorporate the precise development plan into Specific Plan 144.
Based on an initial study prepared for the proposed desalination plant and staffs review of the
project, staff has concluded that the desalination plant project could result in potentially significant
environmental impacts. Consequently, the project will require the preparation of an EIR. The EIR will
consider a variety of environmental impacts, such as those impacts associated with (1) pipeline
construction from the desalination plant to the Carlsbad’s and the region’s water infrastructure, (2)
the compliance of the project with the goals and policies of the South Carlsbad Coastal
Redevelopment Plan and Agua Hedionda Land Use Plan, and (3) the effects of brine discharge from
the desalination plant on the ocean environment.
Staff sent requests for proposal for the preparation of the Power and Desalination Plants project EIR
to four (4) consulting firms, two of which submitted formal proposals to the Planning Department.
The Planning Department, in conjunction with representatives from the City’s Public
WorksIEngineering Department and the Carlsbad Municipal Water District, conducted a thorough
review of each proposal, the responses to the scope of work, the experience of the individuals
involved and the firm itself, and performance and product delivery schedules. The City’s review
panel also interviewed both firms.
After reviewing the proposals and interviewing the two firms, staff recommends hiring Dudek and
Associates, Inc., to prepare the project EIR. The Dudek proposal was well prepared, exhibited a
thorough understanding of the scope of work, and included a schedule and cost proposal that was
acceptable to staff and the applicant given the complexities of the project. Among the firm’s relevant
experience is its recent completion of Carlsbad’s Water and Sewer Master Plan Updates and the
Master Plan Program EIR for the Updates.
Therefore, staff recommends approval of the attached consulting agreement with Dudek and
Associates, Inc., and the agreement with Poseidon Resources (Channelside) LLC, as the applicant.
FISCAL IMPACT:
The total cost of the consulting services to prepare the EIR is $323,045. The applicant, Poseidon
Resources (Channelside) LLC, will pay for the EIR per the attached agreement.
PAGE 2 OF AGENDA BILL NO. 17 9 471
EXH I BITS :
1. City Council Resolution No. 2004-025 , with Exhibit 1: Agreement with Dudek
and Associates, Inc., for the Preparation of an EIR, and Exhibit 2: Agreement between City and
Poseidon Resources (Channelside) LLC for Payment of the EIR Consultant.
2. Proposal to prepare an EIR for the Carlsbad Seawater Desalination Project, without appendix,
prepared by Dudek and Associates, Inc. (on file with the City Clerk).
DEPARTMENT CONTACT: Scott Donnell, (760) 602-4618, sdonn@ci.carlsbad.ca.us
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RESOLUTION NO. 2004-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CONSULTING
AGREEMENTS WITH DUDEK AND ASSOCIATES, INC. FOR
THE PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE POWER AND DESALINATION PLANTS
PROJECT AND AN AGREEMENT WITH POSEIDON
RESOURCES (CHANNELSIDE) LLC FOR PAYMENT FOR THE
PREPARATION OF EIR 03-05.
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
1. That a consulting agreement with Dudek and Associates, Inc. for
consulting services to prepare an Environmental Impact Report (EIR) for the Power and
Desalination Plants project (Exhibit I), and an agreement with Poseidon Resources for the
payment of the EIR consultant (Exhibit 2) are hereby approved and the Mayor is authorized to
execute said agreements.
2. Following the mayor's execution of said agreements, the City Clerk is
directed to forward copies of this resolution and said agreements to Dudek and Associates, Inc.,
Attention Joe Monaco, 605 Third Street, Encinitas, CA 92024; Poseidon Resources
(Channelside) LLC, Attention Peter MacLaggan, 501 West Broadway, Suite 840, San Diego, CA
92101; and the Planning Department.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 20th day of January 2004, by the following vote, to wit:
Council Members Lewis, Finnila, Kulchin, Hall, Packard AYES:
A NOES: None
- _- A*../
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AGREEMENT WITH DUDEK AND ASSOCIATES, INC. FOR THE PREPARATION OF
AN ENVIRONMENTAL IMPACT REPORT - (EIR 03-05)
5t THIS AGREEMENT, made this 2) day of ~Q-WQTY 4 ,2003, between the
CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as "CITY", and Dudek and Associates, Inc., hereinafter referred to as
"CONTRACTOR.
RECITALS
WHEREAS, the CITY has entered into an agreement with Poseidon Resources
(Channelside) LLC hereinafter called applicant, wherein the CITY agrees to prepare an
Environmental Impact Report (EIR) for the proposed project identified as Power and
Desalination Plants - PDP OO-O2/SP 144(H) which is located between Cannon Road
and Agua Hedionda Lagoon, west of lntertstate 5 and more precisely shown on the plat
marked Attachment I, attached hereto and made a part hereof; and
WHEREAS, the CONTRACTOR has the qualifications to prepare the required
Environmental Impact Report; and
WHEREAS, it is understood that the CONTRACTOR shall be an independent
contractor of the CITY;
NOW, THEREFORE, in consideration of their mutual covenants and conditions,
the parties hereto agree as follows:
1. CONTRACTOR OBLIGATIONS
CONTRACTOR shall prepare an Environmental Impact Report on the subject
project in accord with the California Environmental Quality Act as implemented by the
State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its
1 Rev. 08-08-97
implementing resolutions. In carrying out this obligation the CONTRACTORS duties
shall include the following:
(a) The CONTRACTOR shall, consistent with the Work Program contained in
Attachment 2, (1) make all necessary and required field explorations, reviews and tests;
(2) make all necessary and required laboratory tests and analyses; (3) appear and be
prepared to answer questions and prepare testimony on the final Environmental Impact
Report at all public hearings before the Planning Commission and the City Council prior
to the certification of the report; (4) make all reports necessary to comply with the
requirements of this section. Before preparing the draft report, the CONTRACTOR
shall submit fifteen copies of a preliminary report (screen check EIR) to the Planning
Director for staff review. The CONTRACTOR shall revise the preliminary report as
requested by staff in order to make it suitable for draft EIR review.
(b) CONTRACTOR shall prepare a draft report in compliance with the Work
(unless Program contained in Attachment 2 on file at the Planning Department
otherwise stated in this agreement), attached hereto and made a part hereof and with
applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY
eighty-five copies as specified in the Work Program plus a reproducible master of the
draft Environmental Impact Report to the CITY.
(c) CONTRACTOR shall attempt to determine as soon as possible in the
study of the area involved, those factors which could severely inhibit or prohibit the
proposed project. If it appears that such factors are present, CONTRACTOR shall so
inform the Planning Director who in turn will discuss with the applicant the feasibility of
continuing with the report. The objective of this subsection of the agreement is to
minimize the cost if these adverse factors exist.
2 Rev. 08-08-97
/%
(d) CONTRACTOR shall prepare and file with the CITY written responses to
all comments received subsequent to public notice that the draft Environmental Impact
Report has been filed. CONTRACTOR shall also prepare any response necessary to
matters raised at the public hearings. The written responses shall be prepared in a form
that will permit the responses to be incorporated into the final Environmental Impact
Report.
(e) The contractor shall provide an electronic CD copy of the City-approved
Final EIR in Microsoft Word 2000.
2. CITY OBLIGATIONS
(a) The CITY will make payment to the CONTRACTOR as provided for in this
agreement.
(b) The CITY will make available to the CONTRACTOR any documents,
studies, or other information in its possession related to the proposed project.
(c) The CITY will review the Preliminary Report presented by the
CONTRACTOR within fourteen working days of their receipt and make written
comments to the CONTRACTOR within that time period.
(d) The CITY shall provide the CONTRACTOR with copies of all written
comments received on the draft Environmental Impact Report subsequent to public
notice that the draft Environmental Impact Report has been filed and is available for
public review.
3. TIME OF COMPLETION
Time is of the essence in carrying out the terms of this agreement. It is
understood that inclement weather conditions may delay the completion of field work.
The CONTRACTOR will be allowed as many additional days as are necessary to
3 Rev. 08-08-97 13
compensate for days lost due to inclement weather. The CONTRACTOR shall submit
to the CITY fifteen copies of the Preliminary Environmental Impact Report within ten
weeks of the effective date of this agreement. The CONTRACTOR shall submit to the
CITY eighty-five copies of the draft Environmental Impact Report within ten working
days of the completed staff review of the Preliminary Environmental Impact Report as
specific in the Work Program.
4. PAYMENT
The CONTRACTOR will be paid a maximum of Three Hundred Twenty-three
Thousand and Forty-five Dollars ($323,045) for all work necessary to carry out the
requirements of this agreement. Actual payment shall be based on the cost of the
report based on the costs as set forth in Attachment 3 on file at the Planning
Department. The CONTRACTOR shall be paid within 30 days, in response to monthly
invoices, based on the percentage of the tasks completed according to Attachment 3.
The final ten (IO) percent of the contract amount will be paid, not to exceed the
maximum amount provided in this agreement, within thirty (30) days after receipt of
invoice, to be submitted after the certification of the Environmental Impact Report by the
City Council.
5. LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is the sum of Three
Hundred Twenty-three Thousand and Forty-five Dollars ($323.045) which amount is
estimated to be sufficient to compensate the CONTRACTOR for all services performed
hereunder during the terms of this agreement. In the event at any time it appears to
the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify
the Planning Director. Ye will not perform any work or incur any obligation beyond said
4 Id Rev. 08-08-97
sum of Three Hundred Twenty-three Thousand and Forty-five Dollars ($323,045)
without appropriate amendment to this agreement.
6. CHANGES IN WORK
If, in the course of this contract, changes seem merited by the CONTRACTOR or
the CITY and informal consultations indicate that a change in the conditions of the
contract is warranted, the CONTRACTOR or the CITY may request a change in the
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 or CONTRACTOR
to inform them of the proposed changes along with a statement of estimated changes
in charges or time schedule. After reaching mutual agreement on the proposal, a
supplemental agreement shall be prepared by the CITY and approved by the CITY
according to the procedures described in Carlsbad Municipal Code Section 3.28.080.
Such supplemental agreement shall not render ineffective or invalid unaffected portions
of the agreement. Changes requiring immediate action by the CONTRACTOR or the
CITY shall be ordered by the Planning Director who will inform a principal of the
CONTRACTOR'S firm of the necessity of such action and follow up with a supplemental
agreement covering such work.
The lump sum amounts detailed in this agreement shall be adjusted for changes,
either additive or deductive, in the scope of work, provided such changes are processed
according to the procedures in this paragraph.
7. 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
5 f4 Rev. 08-08-97
pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
the CITY shall have the right to annul this agreement without liability, or, in its
discretion, 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.
8. NONDISCRIMINATION CLAUSE
The CONTRACTOR shall comply with the state and federal laws regarding
nondiscrimination.
9. TERMINATION OF CONTRACT
The CITY may terminate this agreement at any time by giving written notice to
the CONTRACTOR of such termination and specifying the effective date thereof, at
least fifteen days prior to the effective date of the termination. In the event of
termination, all finished or unfinished documents and other materials prepared pursuant
to this agreement shall become its property. Upon termination for reasons other than
breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the
services completed to the date of notice of determination.
10. 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
6 Rev. 08-08-97 16
CONTRACTOR or the CITY Planning Director. 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 Planning Director 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 forwarded 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.
11. CLAIMS AND LAWSUITS
The CONTRACTOR agrees that any contract claim submitted to the City must
be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The CONTRACTOR
acknowledges that if a false claim is submitted to the City, it may be considered fraud
and the CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR
acknowledges that California Government Code Sections 12650 et sea, the False
Claims Act, provides for civil penalties where a person knowingly submits a false claim
to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of information. If
the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney’s fees. The CONTRACTOR
acknowledges that the filing of a false claim may subject the CONTRACTOR to an
administrative debarment proceeding wherein the CONTRACTOR may be prevented to
il 7 Rev. 08-08-97
act as a contractor on any public work or improvement for a period of up to five (5)
years. The CONTRACTOR acknowledges debarment by another jurisdiction is
of Carlsbad to disqualify the CONTRACTOR from the selection
TheJprovisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026,
nd 3.32.08 pertaining to false claims are incorporated herein by reference.
(Initial)
STATUS OF THE CONTRACTOR
3.32.027 and 3.32.08 pertaining to false claims are incorporated herein by reference.
(Initial) *
12y STATUS OF THE CONTRACTOR
The CONTRACTOR shall perform the services provided for herein in
CONTRACTORS own way as an independent contractor and in pursuit of
CONTRACTORS 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
what soever.
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, on behalf of the CONTRACTOR. The CONTRACTOR
agrees to indemnify the CITY for any tax, retirement contribution, social security,
18 8 Rev. 08-08-97
overtime payment, or workers' compensation payment which the CITY may be required
to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for
work done under this agreement.
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 CONTRACTORS that are included in this agreement.
13. OWNERSHIP OF DOCUMENTS
All documents and materials prepared pursuant to this agreement are the
property of the CITY. The CITY shall have the unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or in part, any reports, data, or other
materials prepared under this agreement.
14. 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.
15. RELEASE OF INFORMATION BY CONTRACTOR
Any reports, information or other data, prepared or assembled by the
CONTRACTOR under this agreement shall not be made available to any individual or
organization by the CONTRACTOR without prior written approval of the CITY.
16. 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 attorney fees arising out of the performance of the work
9 Rev. 08-08-97
described herein caused in whole or in part 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, except
where caused by the active negligence, sole negligence, or willful misconduct of the
City of Carlsbad.
CONTRACTOR shall at its own expense, upon written request by the City,
defend any such suit or action brought against the City, its officers, officials, employees
and volunteers. CONTRACTORS indemnification of City shall not be limited by any
prior or subsequent declaration by the CONTRACTOR.
17. ASSIGNMENT OF CONTRACT
CONTRACTOR shall not assign this contract or any part hereof or any monies
due or to become due thereunder without prior written consent of the CITY.
18. SUBCONTRACTING
If the CONTRACTOR shall subcontract any of the work to be performed under
this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the
CITY for the acts and omissions of its subcontractor and of the persons either directly
or indirectly employed by its subcontractor, as it is for the acts and omissions of
persons directly employed by it. Nothing contained in this contract shall create any
employee or contractual relationship between any subcontractor of CONTRACTOR and
the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor
of the subcontractor by their terms of this contract applicable to its work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the CITY.
10 20 Rev. 08-08-97
19. 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 to take part in negotiating, making, accepting
or approving any architectural, engineering, inspection, construction, or material supply
contract or subcontract in connection with the construction of the project, shall become
directly or indirectly interested personally in this contract or in any part thereof. No
officer, employee, architect, attorney, engineer or inspector of or for the CITY who is
authorized in such capacity and on behalf of the CITY to exercise any executive,
supervisory or other similar functions in connection with the performance of this contract
shall become directly or indirectly interested personally in this contract or any part
hereof.
20. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee or 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 shall such verbal agreement or
conversation entitle the CONTRACTOR to any additional payment whatsoever under
the terms of this contract.
21. SUCCESSOR OR ASSIGNS
Subject to the provision of Paragraph IO, "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.
Ill
11 Rev. 08-08-97 di
22. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
23. CONFLICT OF INTEREST
The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest Code.
The CONTRACTOR shall report investments or interests in all four categories.
24. 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, its 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. Coveraqes 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:
1. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
12 Rev. 08-08-97
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
CONTRACTORS 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.
B. Additional Provisions.
CONTRACTOR shall ensure that the policies of insurance required under
this agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation.
2. The CONTRACTOR shall furnish certificates of insurance to the
City before commencement of work.
3. The CONTRACTOR shall obtain occurrence 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
13 Rev. 08-08-97
23
CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR
under this agreement.
25. 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 Planner
Name: Scott Donne11
Address: 1635 Faradav Avenue
Carlsbad, CA 92008
For Contractor: Title: Senior Proiect Manaaer -
Name: Joe Monaco
Address: Dudek and Associates, Inc.
605 Third Street, Encinitas CA 92024
ArchitecULicense Number: NIA -
Arch itect/License Number: NIA
26. BUSINESS LICENSE
CONTRACTOR shall obtain and maintain a City of Carlsbad Business License
for the duration of the contract.
27. ENTIRE AGREEMENT
This agreement, together with any other written document referred to of
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 discharges except by an instrument in
14 Rev. 08-08-97 a4
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by CONTRACTOR this I 3 day of TU n , 20 & 4-k
CONTRACTOR:
Dudek and Associates, Inc.
(print namehitle)
CITY OF CARLSBAD, a municipal
,
BYb&&% Qs.L
Du ek & Associates, Inc. June Collins
(sign "2
(print n a m e/ti t ieecretary
(Proper notarial acknowledgment of execution by CONTRACTOR must be attached).
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RO-. BALL, Citv Attorney
15 Rev. 08-08-97 45
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On JLIJIIC~I/YI I~Jou~ before me, J.Swens! Y)ml/l? ?&dL
Notary Public, peisonally appeared 3. +- b//h~,
D(J personally known to me - or [ ] proved to me on the basis of satisfactory evidence to
be the person@ whose name@ is/@subscribed to the within instrument and
acknowledged to me that he/she@ executed the same in hidher@ authorized
capacit@ and that by his/her@ignatur@on the instrument the person@ or
the entity upon behalf of which the perso@cted, executed the instrument.
WITNESS my hand and official seal.
AI-
(Sigkdure of Notary)
ATTACHMENT 1
&*Ob2 -I
SITE
POWER & DESALINATION PLANTS
EIR 03-05
ATTACHMENT 2
CARLSBAD SEAWATER'DESALINATION
PROJECT
REQUEST FOR PROPOSALS
TO PREPARE
A PROJECT ENVIRONMENTAL IMPACT REPORT
FOR THE PROPOSED
CARLSBAD SEAWATER DESALINATION PROJECT
CARLSBAD, CALIFORNIA
DEADLINE: November 19,2003,5:00 p.nt.
City of Carlsbad Planning Department
Attention: Ms. Michele Masterson
1635 Faraday Avenue
Carlsbad, California 92008
a8
PROJECT DESCRIPTION
In May 2002, Poseidon Resources Corporation (PRC) submitted a Precise Development
Plan (PDP) application to the City of Carlsbad to obtain land use approvals to construct
and operate the 50 Million gallon per day (MGD) Carlsbad Seawater Desalination Plant
(CSDP), and other appurtenant and ancillary water facilities to produce and distribute
potable water. The PDP application was made jointly with Cabrillo Power I LLC
(CPILLC), owner and operator of the Encina Generating Station. Although CPILLC is
not a co-applicant for the CSDP, the co-application on the PDP was necessary to satisfy a
City of Carlsbad Zoning Code requirement for properties zoned PU-Public Utility. The
PDP was prepared for the Encina Generating Station (EGS) in accordance with the
requirements of Chapter 21.36, "P-U Public Utility Zone," of the Carlsbad Municipal
Code, and specifically Section 21.36.030 (Precise Development Plan) of the Carlsbad
Municipal Code.
The intended purpose of the PDP is to provide a comprehensive understanding of all
existing facilities and features of land located in the P-U zone and owned by CPILLC. In
addition to a comprehensive listing of existing facilities currently onsite at the EGS, this
PDP serves as a guide for development of the CSDP as proposed by Poseidon Resources
Corporation.
The Proposed Project would be co-located at the existing Encina Generating Station
located immediately south of the Agua Hedionda Lagoon (see attached site plan). The
proposed co-location of related land uses is a key element of the project specifically
designed to utilize built in efficiencies including ready access to electricity and existing
seawater intake and keep the cost of desalinated water competitive with the cost of
imported water.
The CSDP would occupy an approximately 4-acre parcel in the area currently containing
Fuel Oil Tank #3. The fuel oil tank would be demolished to accommodate the
desalination facility. The proposed project site would be leased from its owner Cabrillo
Power I, LLC. The EGS is a coastal dependent land use located on the south shore of the
Agua Hedionda Lagoon within the City of Carlsbad, in northern San Diego County. The
EGS was originally constructed in 1954 and has been in continual operation for nearly 50
years. Regional and vicinity maps are attached. Surrounding features and land uses
include the Pacific Ocean and Carlsbad Boulevard to the west, the Carlsbad State Beach
and Agua Hedionda Lagoon to the west and north, Interstate 5 and SDG&E properties to
the east, and Cannon Road and adjacent residential areas to the south. A North County
Transit District railway bisects the EGS north to south just east of the proposed
desalination facility. Access to the site is provided from Carlsbad Boulevard via the
Cannon Road interchange at Interstate 5.
The proposed CSDP, would have the capacity to deliver 50 million gallons per day (mgd)
of Reverse Osmosis (RO) permeate (product water) to an offsite drinlung water storage
reservoir (Maerkle Reservoir). From there, the desalinated water would be further
Carlsbad Seawater Desalination Project
October 28,2003
distributed along several pipeline routes (some proposed, some planned and some
existing) for ultimate use and consumption by homes and businesses in Northern San
Diego County. The onsite and offsite components of the CSDP are listed belo~. An
attached map provides description and location details’ on the proposed off-site elements.
Onsite Project Elenleiits
50 MGD desalination facility
Finished water pump station (which may be located with the desalination facility)
Finished water conveyance pipeline
Seawater supply pipeline and pump station
Concentrate disposal pipeline
Waste disposal pipeline
Electrical transformers and substation
Surge control facilities
0 ffsite Project Elements
Approximately 6 miles of 48-inch diameter pipeline to carry the product water to
the Maerkle Reservoir and to distribute the product water within the city of
Carlsbad and to the Tri Agency Pipeline.
a 3 pump stations
200 feet of pipeline to connect a new onsite waste disposal line to the regional
sewer system
Approximately 6 miles of 30 to 36-inch diameter pipeline to carry the product
water from Maerkle Reservoir to the Vista Irrigation District, City of Oceanside
and/or the North County Distribution Pipeline.
The Seawater Desalination Process
Source water for the Proposed Project will come from filtered seawater diverted from
existing cooling water pipelines at the EGS. Up to 104 MGD of seawater would be
diverted from the combined outlet of the generating station condensers and piped to the
desalination facility. The source water will be pre-treated and filtered through RO
membranes to produce high quality drinking water. The product water would be stored
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Carlsbad Seawater Desalination Project
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temporarily in on-site facilities before transmission to regional storage and distribution
systems. New pipelines would be constructed for conveyance of the product water to the
City of Carlsbad, San Diego County Water Authority and other neighboring Ivater agencies. 1.
The by-product of the RO treatment process is water with twice the salt content of
seawater (7.0 percent vs. 3.5 percent). This saline by-product water will be mixed with
the return flow from EGS cooling water system. Cooling water from the condensers of
all five units flows into a common discharge tunnel. The 15-foot wide, concrete
discharge tunnel conveys the cooling water into an on-site warm water discharge pond
before traveling through box culverts under Carlsbad Boulevard into a riprap-lined
channel leading to the Pacific Ocean.
BACKGROUND
Pursuant to Section 15367 of the California Environmental Quality Act (CEQA), the City
of Carlsbad (City) is the Lead Agency in the preparation of this ER. Actions identified
to achieve approval of the proposed project may include, but are not limited to:
City of Carlsbad actions
Certification of a Project EIR and approval of the Encina Generating Station
Precise Development Plan (EGSPDP);
An Amendment to the South Carlsbad Coastal Project Area Redevelopment
Plan;
An Amendment to the Encina Specific Plan No. 144 to incorporate the
EGSPDP into the specific plan;
A Coastal Development Permit (CDP) for the offsite project elements located
within the Coastal Zone but outside the Agua Hedionda segment of the City’s
Local Coastal Program;
A Conditional Use Permit (CUP) for aboveground offsite project elements.
A Tentative Parcel Map to create a parcel for the proposed desalination plant,
and;
A Floodplain Special Use Permit.
California Coastal Commission action
A Coastal Development Permit (CDP) for the EGSPDP. This permit is
necessary as the Encina Generating Station is located in the Agua Hedionda
segment of the City’s Local Coastal Program - a segment in which the City
does not have permit authority.
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Carlsbad Seawater Desalination Project
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Other Agency actions
Amendments to existing leases with the California State Lands Commission;
A Domestic Water Supply Permit from the California Department of Health
Services;
A National Pollutant Discharge Elimination System (NPDES) Permit from the
San Diego Regional Water Quality Control Board;
Additional review may be provided by Federal, State and regional agencies
including, but not limited to: the U.S. Environmental Protection Agency, U.S.
Fish and Wildlife Service, National Oceanic & Atmospheric Administration,
U.S. National Marine Fisheries Service, U.S. Army Corp of Engineers, and
California Department of Fish and Game;
Land use and development permits from the cities of Oceanside and Vista,
and;
Permits to connect to facilities of the San Diego County Water Authority and
various local water districts.
0
The San Diego County Water Authority is also currently preparing a similar
Environmental Impact Report that includes the desalination project. This is a separate
effort. The EIR that is the subject of this request for proposal is not tied to that work
effort in any way.
Both the Water Authority and City are pursuing a memorandum of understanding that
may result in a partnership or water purchase agreement or other mutually beneficial
arrangement. However, efforts to complete this agreement have been underway for
several months and it is uncertain when and if completion will occur. The City and
Poseidon Resources Corporation are also considering a similar partnership or business
arrangement.
Concerning the existing EGS facilities and operations, the EIR will need to identify
existing baseline conditions. The EIR does not need to address future impacts of the
power plant or propose new or additional mitigation measures for existing conditions,
except as the desalination project may modify them. Additionally, the EIR will need to
analyze the effect of the project on the ability to relocate the power plant in the future,
which is a South Carlsbad Coastal Redevelopment Plan goal. However, the EIR will not
address the specific impacts of any potential power plant relocation.
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Carlsbad Seawater Desalination Project
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SUMMARY OF KEY ENVIRONMENTAL ISSUES
List of Potentially Significant Environmental Issues’
Aesthetics
Air Quality
Biological Resources
Cultural Resources
Geology and Soils
Hazards and Hazardous Materials
HydrologyNater Quality
Land Useplanning
Noi se/Vi bration
Traffic/Circulation
Utilities and Service Systems
Other CEQA mandated sections (i.e., cultural resources, recreation, etc.) must
also be evaluated in this EIR.
Aesthetics
The proposed desalination facility would be situated within the boundaries of the existing
Encina Power Plant, which currently contains several large fuel oil storage tanks, a large
power generation building with steam turbines, and a 400-foot tall emissions stack,
among other things. The facility would occupy an approximately 4-acre area currently
containing fuel oil tank #3, which would be demolished. Other on-site aspects of the
facility that may be visible include a pump station and surge control facilities. Off-site
elements that warrant consideration including above ground conveyance facilities such as
pump stations.
Aesthetic considerations within the project site, if any, are at best minimal. However, the
project site is surrounded by elements that contribute to the scenic nature of the area (the
Pacific Ocean; Agua Hedionda Lagoon, beaches and low coastal bluffs). The project site
is also visible to Carlsbad Boulevard, residences north of the project site and across Agua
Hedionda Lagoon, and may be visible to passenger rail traffic on the North County
Transit District railway. Additionally, the City of Carlsbad General Plan has designated
specific transportation corridors as scenic roadways. A portion of Carlsbad Boulevard,
which borders the project site, has been designated as a “Community Theme Corridor”
because of its visual access to beaches, the ocean, three lagoons and flower fields.
The proposed desalination facility can be contained within structures that are smaller than
those of the existing power plant. In consideration of aesthetic concerns, it is anticipated
the precise design of the project elements, including the desalination plant and on and
off-site pump stations, will include some combination of building design, setbacks and
landscaping to further soften their appearance. Building schematics will be evaluated in
5 33
Carlsbad Seawater Desalination Project
October 28,2003
this EIR, which will fully assess the project’s impacts and propose suitable mitigation as
necessary.
New light sources associated with the project will be regulated by local ordinance and are
not expected to result in an intrusion to the surrounding area. Surface coatings and
materials applied to all new structures are not anticipated to result in substantial glare
impacts.
Air Quality
The proposed project is essentially consistent with the existing General Plan and zoning
for the site, and therefore is consistent with the adopted Air Quality Management Plan for
the San Diego Air Basin.
The proposed desalination plant is not labor intensive; less than 20 employees will be
needed to operate the facility. As such, the project will not contribute discernable, much
less significant traffic volumes, and therefore would not noticeably affect current levels
of mobile source emissions.
The desalination process utilizes electric pumping equipment, which would account for
additional electricity generation emissions. These emissions alone are not expected to
exceed thresholds of significance. Additionally, the electric pumps and other equipment
required to operate the desalination facility are not anticipated to require additional
permitting through the San Diego Air Pollution Control District (APCD).
Short-term construction activities may result in temporary increases in emissions, dust
and odors from construction equipment. However, the project site is located within an
existing industrial area, removed from potentially sensitive receptors. Further potential
air emissions effects of construction activities are localized, short term and transient. All
local and San Diego APCD standards will be adhered to during the construction phase of
the project. As supported by the preceding discussions, the project’s impact on air
quality would not be substantial, because the proposed project would be located within a
non-attainment basin for certain criteria pollutants, the cumulative impact of the project
would likely be considered significant.
Biological Resources
The proposed project has the potential to affect marine biological resources through the
discharge of water with increased salinity. The focus of the terrestrial impacts relate to
<he offsite pump station(s), and pipeline alignments, especially in undeveloped areas.
Additionally, sensitive bird species have been identified as utilizing the Agua Hedionda
Lagoon as nesting or foraging habitat. These species and their habitat may be affected
by short-term construction of the proposed desalination plant.
Potential marine biological impacts are related to the introduction of saline by-product
water with other water sources currently found in the ocean and lagoon. These other
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Carlsbad Seawater Desalination Project
October 28, 2003
sources include urban runoff from storm drains, treated effluent from municipal
wastewater treatment plants, and once-through cooling water from the generating station.
This could potentially affect marine resources immediately offshore of the discharge
channel. Also, construction of the offsite pipelines and pump stations, especially portions
of the alignment proposed to go through presently undeveloped lands will need to be
evaluated relative to their potential to affect terrestrial biological resources and native
habitats.
Cultural Resources
A Cultural Resources Assessment of the proposed project, including the desalination
plant site, pump station sites and pipeline alternatives (pipeline routes and pump station
sites) should be prepared. This report should include a site reconnaissance focusing on
facilities that would involve disturbed native terrain, a formal li teraturelrecords search
(including review of available cultural resource studies prepared by the City, and
recommendations for project mitigation where applicable. The results of the Cultural
Resource Assessment should be summarized in the EIR.
Geology and Soils
Numerous earthquake faults have been mapped within the Southern California region,
although no faults have been identified within the project site. Due to the widespread
nature of earthquake hazards within Southern California, the EIR will address potentia11 y
adverse effects to people or structures resulting from seismic activity such as
groundshaking, surface rupture, and liquefaction. Mitigation measures will be
recommended to reduce the severity of any potentially significant impacts.
Because the topography of the project site is relatively flat, with few slopes, the potential
for landslides is considered minimal. Implementation of the proposed project would not
result in substantial adverse effects to people or structures from landslides.
Implementation of the project proposal will require demolition and grading to remove the
earthen containment berms surrounding existing fuel oil storage tanks, and to compact
and smooth the existing topography of the site. Demolition and grading could reveal the
presence of potentially contaminated soils. Construction activities associated with the
proposed project will temporarily expose underlying soils, thereby increasing their
susceptibility to erosion until the project is fully implemented. Likewise, potential
impacts could arise from temporary stockpiling during pipeline construction activities.
An assessment of the potential limitations of soils underlying the project site which may
affect this specific proposal, including further analysis of potential erosion andor
unstable soil conditions, including susceptibility to liquefaction, subsidence and soil
expansion, will be addressed in the EIR. Where potentially significant geotechnical
constraints are identified, appropriate mitigation measures will be proposed. A general
discussion of existing geological conditions for offsite water pipeline alternatives and
pump stations should be provided based on existing information.
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Carlsbad Seawater Desalination Project
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Plans for the proposed project do not include the use of alternative wastewater disposal
systems, including the use of septic tanks. Implementation of the proposed project nfould
therefore have no impact on this area.
Hazards and Hazardous Materials
Operation of the project will involve some routine transport. use. ana disposal of
hazardous materials. The project site, being located within the existing Encina
Generating Station facility, is relatively self-contained. The desalination facility could
use and store water treatment chemicals such as non-gaseous sodium hypochlorite, femc
chloride, sulfur dioxide, carbon dioxide, anti-scalant and caustic soda. Potentially, there
may be incompatibilities between these chemicals and those in use at the existing power
plant.
The transport, handling and storage of the onsite chemicals are governed by Federal and
State (OSHA) regulations. In the unlikely event of a chemical spill, the impact would
most likely be directed at onsite personnel rather than the population at large. However,
the risk of upset from hazardous materials is considered a potentially significant impact.
This issue will be analyzed within the EIR and mitigation measures, if necessary, will be
proposed where appropriate.
The proposed project does not involve the emission or handling of hazardous materials
within one-quarter mile of an existing or proposed school. No schools are currently
located or proposed for construction within the proximity of the project site.
There is a potential for the project site to contain hazardous materials related to historic
and current generating station and fuel storage operations. Specifically, the site may
include areas of contaminated soil from oil residues. In addition, potential impacts could
result from unknown hazards and historic uses at the site encountered during construction
activities. These impacts and appropriate mitigation measures will be discussed in the
EIR.
The project is located approximately 2.5 miles west of Palomar Airport, and
approximately 17 miles southeast of the landing strip at the Marine Corps’ Pendleton
Base Camp in unincorporated San Diego County. Implementation of the proposed
project would not result in safety hazards related to air traffic or air space considerations
for the people residing or working in the project area.
The proposed project essentially conforms with the existing General Plan designation for
the site, which was not found to conflict with any adopted emergency response plan at the
time of adoption. Similarly, the general plan does not identify the project site as subject
to significant risks associated with wildland fires.
8
Carlsbad Seawater Desalination Project
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HydrologynVater Quality
Encina Generating Station discharges are currently permitted and regulated under a
National Pollutant Discharge Elimination System (NPDES) permit through the San Diego
Regional Water Quality Control Board. The Project would not increase seawater intake
beyond current or permitted levels. Seawater would be diverted after it has already been
through the generating station’s once through non-contact cooling water system, and
before it is returned to the ocean.
The proposed project would divert up to 104 mgd from the generating station’s existing,
permitted discharge of 857 mgd into the Pacific Ocean to the desalination facility.
Approximately half of the water processed by the desalination facility would be
converted to high quality drinking water supply and delivered to local and regional water
distribution systems. The concentrated seawater by-product of the desalination process
will be recombined with the generating station discharge. The impact of the concentrate
discharge on near shore and ocean resources, and the applicable discharge standards will
be identified and evaluated in the EIR.
Project-related construction activities have the potential to temporarily degrade
stormwater runoff. The Agua Hedionda Lagoon is identified on the San Diego Regional
Water Quality Control Board 303(d) list for sedimentation. Based on the project
description and conceptual designs of the proposal, all aspects of the project will conform
with applicable National Pollutant Discharge Elimination System (NPDES) permit
requirements, including the incorporation of a Storm Water Pollution Prevention Plan
(SWPPP) employing Best Management Practices (BMPs) to control soil erosion,
sedimentation and turbidity. Details regarding aspects of the project that could
potentially provide substantial additional sources of polluted runoff, or otherwise degrade
water quality will be addressed in the EIR. As appropriate, mitigation measures will be
proposed. Potential long-term operational impacts in regards to hydrology and water
quality should be analyzed for both the desalination facility site and off-site components,
including impacts in regards to Agua Hedionda Lagoon.
The project does not involve residential construction, and as such would not expose
resident populations to potential flood hazards; nor does the project propose aspects or
elements that would impede or otherwise alter flood flows. Further, the project would be
located in an area already committed to industrial uses recognizing and accommodating
potential flood hazards implicit in coastal locations. Potential hazards and risks due to
flooding at the project site is not a substantial consideration.
Potential inundation by failure of a levee or dam is not a realistic environmental
consideration at the project site. Although the project site is at a low enough elevation
that it could conceivably be affected by significant tsunami, the likelihood of such an
event is considered remote and speculative. As supported by the preceding discussion,
project-related exposure to seiche, tsunami, or mudflow is considered less-than-
significant
9 37
Carlsbad Seawater Desalination Project
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Since Agua Hedionda Lagoon is the water source for the desalination plant, the EIR \vi11
address the lagoon’s water quality to determine its potential impacts on the quality of the
product water that the desalination plant would produce. Additionally. the EIR \vi11 need
to consider the product water’s (1) compatibility with existing water supply
infrastructure, (2) potential blending with other water sources and related consistency
issues, and (3) potential effects on industrial, commercial, and residential end-users.
Lurid Use/Planniiig
The project will be located within the established industrial site, and does not propose
elements or aspects that would physically divide an established community. As such, the
proposed project will have no impact in this regard.
The projecr is generally consistent with the General Plan and zoning designations for the
site. The project is located within the South Carlsbad Coastal Project Area
Redevelopment Plan. That Plan is being amended to include the proposed desalination
facility as a potential project. However, the EIR should address the impact of the
desalination project on the existing vision, goals, and objectives of the Redevelopment
Plan.
As noted previously, the project is subject to and will comply with the City review and
approval process for a number of permits. In addition to the Redevelopment Plan, the
EIR will need to analyze the relationship of the project with all applicable ordinances and
planning policies, including the policies and objectives of the Local Coastal Plan and
Specific Plan. Furthermore, the EIR will need to include a discussion and analysis of (1)
potential coastal amenities and on and off-site improvements as they relate to applicable
City plans and policies and (2) the environmental impacts of the amenities and
improvements.
In addition to local review and approval, the proposed project will require review by the
California Coastal Commission and may require review by neighboring cities and water
districts for the portions of the proposed project located within their jurisdiction. Review
of the project by other agencies at the regional, state, and federal level, such as the San
Diego Air Pollution Control District and State Regional Water Quality Control Board,
will also be required. The project’s potential to conflict with applicable habitat
conservation plan(s) or natural communities conservation pian(s) is, to an extent,
contingent upon potential biological resources impacts of the project, which are of
themselves considered potentially significant. Land use implications of the project will
be presented within the EIR together with mitigation of impacts determined to be
potentially significant.
NoiseNibration
The proposed project site will be located immediately adjacent to an existing noise
generator, the Encina Generating Station. Although construction of the desalination plant
and its long-term operation are not expected to generate localized external noise
10 38
Carlsbad Seawater Desalination Project
October 28,2003
sufficient to exceed thresholds of significance. the EIR will present the results of a noise
ana vibration analysis and identify mitigation measures, if necessary, for areas in the
vicinity of the desalination plant and off-site pump stations.
Additionally, construction of the project water conveyance pipeline(s) will temporarily
increase noise levels in areas proximate to pipeline aligment(s), with potential effects on
nearby receptors. Construction activities may also result in some ground-level noise or
vibration levels at adjacent land uses. The EIR will address potential impacts due to
temporary construction noise generated by the project mitigation of potentially significant
impacts will be proposed.
The project is located approximately 2.5 miles west of the McClellan Palomar Airport
and approximately 17 miles southeast of the landing strip at the Marine Corps’ Pendleton
Base Camp north of the City of Oceanside. Given the distance and siting of these
facilities in relation to the project site, aircraft-related noise impacts at the project site are
not anticipated to be substantial.
TrafficlCirculution
Operation of the proposed facility is not expected to cause a substantial increase in traffic
in and around the project site, The proposed facility is not labor intensive, and therefore,
is not expected to cause any significant effects on the surrounding roadway network, nor
will the trips generated by the project meet the Congestion Management thresholds to
require the preparation of a CMP-Traffic Lmpact Analysis. Likewise, construction of the
proposed desalination plant is not anticipated to cause any substantial impact on the
roadway network. However, while project traffic generation may be insignificant, street
improvements alongside the Encina Generating Station are still needed. The EIR will
need to consider these improvements as part of the project.
Long-term operations of the project are not anticipated to conflict with or affect policies,
plans or programs supporting alternate transportation, nor create any dangerous
intersections or incompatible vehicular uses. However, construction the proposed
project’s water conveyance pipelines to transport water may cause temporary impacts to
roadways, traffic circulation, and public transit. Additionally, these impacts, although
temporary, could have an effect on both emergency access routes and on-street parlung.
The level of impact will be a product of the precise alignment of the preferred project.
These impacts will be fully disclosed within the forthcoming EIR, and mitigation
measures will be developed to minimize the identified impacts.
The project site is located over two miles from the McClellan Palomar Airport.
Development of the site will not affect air traffic patterns.
Utilities and Service Systems
The EIR will need to examine the impacts of filter
possible disposal methods include (1) off-site removal
backwash solids disposal. Two
and landfill disposal or (2) sewer
11 39
Carlsbad Seawater Desalination Project
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system disposal at the Encina Wastewater Treatment Plant. Potential impacts associated
with landfill disposal include the on-site collection of waste, routes and frequency of
vehicles used to remove the waste, and landfill capacity.
Possible impacts related to disposal of filter backwash solids into the sewer system
include the introduction of possible constituents that are detrimental to the wastewater
treatment process and infrastructure; the capacity of the Encina Wastewater treatment
plant; and the effects the disposal may have on recycled water produced at the treatment
plant.
Ciini ulative impacts
As required by CEQA, the EIR will be required to address the potential cumulative
impacts of the Project when added to all other reasonably foreseeable projects in the
vicinity.
Growth Inducement
As required by CEQA, the EIR will be required to address any potential growth inducing
impacts created by the proposed project.
Alternatives
As required by CEQA Guidelines Section 15126.6, the consultant shall analyze various
project alternatives and provide a range of reasonable alternatives to the project, which
would feasibly attain most of the basic objectives of the project. The consultant shall
provide a listing of the environmental advantages and disadvantages of each alternative.
The alternatives shall include the following:
No Project Alternative - The No Project alternative shall analyze the impacts associated
with no construction and operation of the CSDP and related project components, as well
as the No-Project Alternative’s ability to attain the basic objectives of the Project.
25 MGD Project Alternative - The consultant shall evaluate a variation of the project
which is a facility designed to produce 25 MGD of high quality drinking water onsite.
This alternative will not connect to the Authority’s Second Aqueduct.
100 MGD CSDP Alternative - The,consultant shall evaluate a variation of the project
designed to create and distribute100 MGD of high quality drinking water onsite.
Alternative Project Sites - The consultant shall evaluate the potential environmental
affects of co-locating the proposed CSDP onsite at the Encina Wastewater Treatment
Plant in Carlsbad and at least one other location, such as the San Onofre Nuclear
Generating Station.
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Carlsbad Seawater Desalination Project
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Alternative Offsite Pipeline and Pump Station Plan -The consultant shall evaluate the
potential environmental impacts associated with several proposed pipeline alignments
and pump station locations, including the following:
..
Pumping product water from the desalination plant to the Second Aqueduct via
the City of Carlsbad Maerkle Reservoir and the Tri-Agencies Pipeline.
Pumping product water from the desalination plant to the Second Aqueduct via
the City of Carlsbad Maerkle Reservoir, the City of Oceanside Guajome
Reservoir, and the North County Distribution Pipeline.
Pumping product water from the 25 MGD Project Alternative to local entities in
the vicinity of the plant, including but not limited to, the City of Carlsbad, Vista
Irrigation District, Vallecitos Water District, Olivenhain Water District, San
Dieguito Water District and the City of Oceanside.
Other issues as may be identified as a result of public scoping. Proposals prepared by the
EIR consultant shall specify the level of detail to be addressed in the EIR in regard to
each of the above mentioned issues as well as all other CEQA required topical areas (i.e.,
recreation, housing, etc.).
SCOPE OF CONSULTANT SERVICES AND DELIVERABLES
The consultant shall be responsible for all aspects of work required to prepare an
impartial, defensible, easy-to-read Project EIR that meets schedule requirements and
satisfies the provisions of CEQA. The consultant shall prepare the EIR according to the
City’s required format and contents standard (attached). Proposals prepared by the EIR
consultant shall specify the level of detail to be addressed in the EIR in regard to each of
the above mentioned issues as well as all other CEQA required topical areas (i.e.,
recreation, housing, etc.) not specifically described above.
The consultant shall be responsible for the accuracy and completeness of all
information contained in the Final Draft EIR. If the Consultant does not wish to
accept responsibility for the information contained in the technical studies, the
Consultant shall provide to the City statements signed by the appropriate technical
consultant accepting responsibility for the accuracy and completeness of any
studiesheports prepared by that technical consultant. These signed statements of
responsibility shall be made a part of the appendices of the EIR.
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Carlsbad Seawater Desalination Project
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In preparing the proposal, the consultant shall address the following tasks:
1.
3 -.
3.
4.
5.
6.
7.
8.
9.
10.
Reviewhevise the Initial Study for completeness and accuracy.
Prepare and maintain the EIR mailing list in conjunction with the City.
Prepare a Notice of Preparation (NOP) and send to the State Clearinghouse and
list of responsible agencies and other agencies to be consulted regarding this
project.
Conduct one agency issues meeting and one public scoping meeting and
incorporate any additional analysis determined by staff to be appropriate.
Obtain all reference material and conduct all research and field data collection
necessary to prepare the EIR.
Identify, discuss and develop appropriate mitigation monitoring programs for any
impacts that may be associated with the short-term construction and/or long-term
operation and maintenance of the Proposed Project.
Provide fifteen (15) copies of a screen check draft document for the City to
review. The document shall be consistent with CEQA and the Carlsbad
Environmental Protection Ordinance (Title 19 of the City's Municipal Code).
Allow up to three rounds of revisions to the screen check draft document.
Within two weeks of receiving comments, provide to the City fifteen (15) copies
of any revised Draft EIR text, including appendices and exhibits, which
incorporate staff's written recommendations and revisions to the screen check
Draft EIR, in addition to the first draft of a Mitigation Monitoring and Reporting
Program and Candidate Findings of Fact.
Provide seventy-six (76) copies of the City-approved Draft EIR, with appendices
and exhibits, and Mitigation Monitoring and Reporting Program, as follows:
0
0
Twenty-five (25) copies shall be in 3-ring loose leaf binders;
Twenty-five (25) shall be spiral bound c,opies;
Twenty-five (25) shall be electronic CD copies, and;
One (1) shall be an unbound.reproducible copy.
An additional ten (10) copies, five spiral bound and five in 3-ring binders shall be
provided to Poseidon Resources and Cabrillo Power.
Prepare a Notice of Completion (NOC) for review and approval by City. Once
approved, send Notice and appropriate number of Draft EIR copies to State
Clearinghouse.
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Carlsbad Seawater Desalination Project
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11. Mail CDs containing the Draft EIR with appendices and exhibits to agencies and
interested parties. For purposes of proposal preparation, assume 50 CDs will be
prepared and mailed.
r '.
12. Respond to comments made during the Draft EIR public review period. Submit
written responses to comments and provide fifteen (15) screen check Final EIR
documents that include all comments on the Draft within three (3) weeks after
close of the public review period. In addition, fifteen (15) copies of the Candidate
Findings of Fact incorporating staff's comments shall be submitted. Allow up to
three rounds of revisions to the draft document.
13. Provide fifteen (15) copies of the Final Draft EIR, including appendices and
exhibits, which shall incorporate staff's written recommendations and revisions to
the screen check Final EIR, a Mitigation Monitoring and Reporting Program and
a separate submittal consisting of the Candidate Findings of Fact within two (2)
weeks of receiving comments.
14. Provide seventy-six (76) copies of the City-approved Final EIR, with appendices
and exhibits, and Mitigation Monitoring and Reporting Program, as follows:
Twenty-five (25) copies shall be in 3-ring loose leaf binders;
Twenty-five (25) shall be spiral bound copies;
Twenty-five (25) shall be electronic CD copies, and;
One (1) shall be an unbound reproducible copy.
An additional ten (10) copies, five spiral bound and five in 3-ring binders shall be
provided to Poseidon Resources and Cabrillo Power.
15. Attend the following meetings, including but not limited to:
e
e
e
e
One kick-off meeting with city staff, applicant and property owner;
One agency issues meeting;
One public scoping meeting;
Two meetings with staff to discuss issues regarding the preparation of the
screen check draft.
One meeting with city staff to review comments on the screen check draft;
One public informational meeting two weeks after draft EIR is publicly
released;
Two meetings with city staff to review draft final EIR including responses to
comments; and,
Up to five public hearings with presentations as necessary as determined by
city staff.
Nore: The consultant will not be paid for meetings that are not held.
15
Carlsbad Seawater Desalination Project
October 28.2003
16. Mail CDs containing the Final EIR with appendices and exhibits to commentins
public agencies pursuant to CEQA Section 21092.5 and interested parties. For
purposes of proposal preparation, assume 50 copies will be prepared and mailed.
17. Prepare Environmental Findings of Fact, a Mitigation Monitoring Program, and
Statement of Ovemding Considerations as necessary for adoption by the City.
18. Prepare a Notice of Determination (NOD) for review and approval by the City.
Once approved, send Notice and appropriate number of certified EIR copies to
State Clearinghouse.
EXPECTED PROJECT SCHEDULE
City issues RFP for EIR
Six copies of Proposals due to City
Top proposal teams will be interviewed week of
City of Carlsbad to award contract
Administrative DER due to Lead Agency
DER available for public review
Initiate 45-day public review process
End 45-day public review process
Consultant to Provide FEIR & Responses to Comments to City
FER available for public review
Planning Commission approves FEIR
EIR certified by City Council (Lead Agency)
October 29,2003
November 19,2003
December 8,2003
February 3,2004
May 1,2004
June 1,2004
June 1,2004
July 15,2004
August 23,2004
September 27,2004
October 27,2004
December 7,2004
Priority Project Schedule
The consultant is to provide a proposed project schedule based on the following
consideration: This EIR is currently on a project schedule to competitively qualify for a
$250.00 per acre-foot subsidy offered by the Metropolitan Water District (MWD) to
encourage development of new desalinated water sources. Therefore, this EIR needs to
be certified by the City at the earliest possible timeframe and should be considered a high
priority project on an accelerated certification schedule.
AVAILABLE INFORMATION
The following studies and pertinent information will be available for review and use in
the preparation of this ER:
0 Carlsbad Seawater Desalination Plant Initial Study, Applied Planning, May 2002.
0 Carisbad Desalination Feasibility Study, Poseidon Resources Corporation, July
200 1.
0 Encina Generating Station Precise Development Plan, Hofman Planning
Associates, September 2003.
16
Carlsbad Seawater Desalination Project
October 28, 2003
City of Carlsbad Final Environmental Impact Report for General Plan Update
(MEIR 93-01), City of Carlsbad Planning Department, March 1994.
City of Carlsbad General Plan, adopted by Carlsbad City Council September 6.
1994, and General Plan Land Use Map.
City of Carlsbad Zoning Ordinance and Zoning Map.
City of Carlsbad Open Space and Conservation Resource Management Plan,
prepared by Wallace, Roberts & Todd, dated June 1992.
City of Carlsbad Scenic Corridor Guidelines, dated July 1, 1988.
City of Carlsbad Landscape Manual, adopted by City Council on November 13,
1990.
City of Carlsbad Environmental Protection Procedures (Title 19).
City of Carlsbad 2003 Sewer Master Plan Update and EIR.
City of Carlsbad 2003 Water Master Plan Update and EIR.
City of Carlsbad Draft Habitat Management Plan.
City of Carlsbad Agua Hedionda Local Coastal Plan.
Phase I and I1 Environmental Site Assessment, prepared for the Encina
Generating Station, 1997.
Phase I11 Remedial Action for SDG&E, 1999.
Hydrodynamic Modeling of Dispersion and Dilution of Concentrated Seawater
Produced by the Ocean Desalination Project at the Encina Power Plant, Carlsbad
CA., Prepared by Dr. Scott Jenkins and Joseph Wasyl, December 1,2001.
Marine Biological Considerations Related to the Reverse Osmosis Desalination
Project at the Encina Power Plant, Carlsbad, CA. Prepared by Dr. Jeffrey Graham,
Scripps Institution of Oceanography, January 4,2002.
Carlsbad Seawater Desalination Plant Project Description, Poseidon Resources
Corporation, 2003.
Carlsbad Desalination Plant Staffing Projections, Poseidon Resources
Corporation, 2003.
Carlsbad Desalination Plant Source Water Quality Characterization, Poseidon
Resources Corporation, 2003.
Carlsbad Desalination Plant Product Water Quality Characterization, Poseidon
Resources Corporation, 2003.
Carlsbad Desalination Plant Water Discharge Streams CharacterizatiodDischarge
Toxicity Analysis, Poseidon Resources Corporation, 2003.
Carlsbad Desalination Plant Noise Source Characterization, Poseidon Resources
corporation, 2003.
Preliminary Geotechnical Investigation - Desalination Plant Site, Poseidon
Resources Corporation, 2003.
Preliminary Seismicity Analysis - Desalination Plant Site, Poseidon Resources
Corporation, 2003.
17 45)
Carlsbad Seawater Desalination Project
October 28,2003
0
Desalination Plant Construction Traffic Assessment, Poseidon Resources
0
General Project Implementation Schedule, Poseidon Resources Corporation.
2003.
Watershed Sanitary Survey, Poseidon Resources Corporation, 2003.
Corporation, 2003.
Desalination Plant Flow Schematic, Poseidon Resources Corporation, 2003.
Desalination Plant Conceptual Landscape Plan, Poseidon Resources Corporation.
2003.
Engineering assessment of primary and alternate pipeline alignments to support
preparation of the Project EIR including maps, description of proposed routes,
location of pump stations and other above ground appurtenances, typical plan and
profile drawings for pump stations and above ground appurtenances, description
of construction techniques to be employed, description of anticipated construction
related impacts and recommended traffic control measures, and a summary of
meetings with land use and regulatory entities, property owners, and other
interested stakeholders. Carollo Engineers work in progress expected to be
complete on or before 2/15/04.
Water quality blending and customer acceptance studies; McGuire Environmental
Consultants work in progress expected to be complete on or before 2/15/04.
PROPOSAL REOUIREMENTS AND EVALUATION CRITERIA
General
Proposals will be reviewed and ranked by a selection committee composed of City staff
members. The recommended proposal will be determined on a “Best Value’‘ evaluation
method, as mandated by Carlsbad Municipal Code section 3,28.050 for goods, services
and equipment.
Overall, the proposal should be concise, well organized, and demonstrate the responder’s
understanding of the Project. Selection will be based on the factors listed below:
Contents
Proposals submitted in response to this RFP shall be in the following order and shall
include:
a. Executive Summary
Include a one- to two-page overview of the entire Proposal describing the
highlights of the Proposal.
18 46
Carlsbad Seawater Desalination Project
October 38,2003
b. Ideiitijkation of Responder
Legal name and address of company.
Name and address of principal place of business.
Legal status of consultant (sole proprietorship, partnership, corporation, joint
venture, etc.). If joint venture or partnership identify the members of the joint
venture or partnership and provide all information required under this section
for each member.
If company is wholly owned subsidiary of a parent company, identify the
parent company.
Name, title, address, telephone number, and email address of person to
contact concerning the Proposal.
c. Experience
Describe consultant's experience in completing similar consulting efforts. List three
(3) successfully completed projects of similar or related nature with name of
company and project manager, phone numbers, type of work performed and value of
consulting contract. Consulting projects currently being performed may be
submitted for consideration.
d. Proposed Method to Accomplish the Work
Discuss consultant's approach to the project, including a detailed scope of work of
project tasks, a proposed project schedule, an estimation of hours for individual tasks
and subtasks by prime and subconsultants. Supplemental tasks or modifications to
tasks outlined in this RFP should be clearly identified in the proposal.
e. Project Organization and Key Personnel
Describe proposed project organization, including key personnel and
respective responsibilities. Indicate role and responsibilities of prime
consultant and all subconsultants. The evaluation will consider the entire
team, therefore no changes in team composition will be allowed without
prior written approval by the City. Describe the lines of communication
between the prime team members and subconsultants.
Provide detailed discussion of the experience of consultant's project
manager, and other key staff members on projects of similar size, capacity,
and dollar value. For each similar project, include client's name, contact
person and phone numbers. Describe the roles and work time commitments
of the Project Manager, Task Leaders, Project Experts and other key
personnel who will work on this Project.
19 47
Carlsbad Seawater Desalination Project
October 28.2003
Reference the person who will be primarily responsible for contact u.ith
the City, as well as the person(s) who will be responsible for Planning
Commission and City Council presentations.
f. Fee Schedule
Consultant services costs are to be provided on a per hour or per item basis
such that prior to beginning work on any project, an itemized estimate can be
provided to the City. Indicate hourly billing rates for individuals identified
by classification and name and the rates for attendance at meetings/public
hearings. Rate schedules shall specify an effective term and a maximum
annual increase for time extending beyond the effective term. List per mile
travel costs and any other direct or indirect costs associated with performing
the required services. No subcontractor markup shall be allowed.
The Consultant shall indicate that any additional requested services shall be
provided on a time and material basis per the contracted labor rate and fee
schedule.
The fee schedule to be included in the proposal is not the same as the
detailed cost proposal described under Submittal Requirements below.
SUBMITTAL REOUIREMENTS
1. Six (6) copies of the Proposal.
2. The Proposal shall be signed by an individual or individuals authorized to execute
legal documents on behalf of the consultant.
3. The Proposal must be received no later than 5:OO p.m. on November 19, 2003, at
the office of
CRY OF CARLSBAD
PLANNING DEPARTMENT
ATTN: MICHELE MASTERSON, MANAGEMENT ANALYST
1635 FARADAY AVENUE
CARLSBAD, CA 92008
4. The Proposals shall be submitted in sealed packages with the following information
clearly marked on the outside of each package:
Name of Responder
Project Title: Environmental Impact Report for Carlsbad Seawater
Desalination Project
Package Number (e.g., 1 of -, 2 of -, etc.)
The word "PROPOSAL" written or stamped in red
20 48
Carlsbad Seawater Desalination Project
October 28.2003
5. One original cost proposal, detailing the assumptions used to develop the cost
proposal, shall be submitted in a separate sealed package with the folioning
information clearly marked on the outside of the package:
Name of Responder
Project Title
The cost proposal shall be formatted such that labor hours for each individual and
other direct costs are readily apparent for each task and subtask. It should state a
total not-to-exceed upper limit for the scope of work described in the proposal,
including all work to be provided by the prime and subconsultants.
6. Failure to comply with the requirements of this RFP may result in disqualification.
7. Proposals andor modifications thereto received subsequent to the date specified
above will not be considered and will be returned unopened to the proposer.
PRE-SUBMITTAL ACTIVITIES
1. Questions Concerning Request for Proposals
All questions regarding the RFP should be presented via email to:
Scott Donne11
Carlsbad Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-461 8
Email: sdonn@ci.carlsbad.ca.us
Answers will be provided via email to all firms.
2. Revision to the Request for Proposals
The City reserves the right to revise the RFP before the date Proposals are due.
Revisions to the RFP shall be mailed to all potential consultants. The City reserves
the right to extend the date by which the Proposals are due.
21 4?
Carlsbad Seawater Desalination Project
October 28,2003
EVALUATION CRITERIA
At a minimum, proposals and consultant selection will‘be evaluated based on the following
minimum criteria:
Approach to Work
0
Level of detail dscussed
0
Understanding of project and objectives
Responsiveness to RFP, including approach and methodology proposed
Familiarity with problems associated with project
Work Plan and Schedule
Tasks clearly defined
0
0
0
0
Activities well coordinated and communicated
Involvementhime commitment of key personnel
Proposed schedule/ability to perform within schedule with assigned staff
Flexibility to changes in scope and schedule
Appropriate level of effort to complete tasks and subtasks
Technical Contpeterzce
0
0
TechnicaVspecialized qualifications of project team
Demonstrated experience of key personnel with similar projects
Depth of management and technical expertise
Provisions for technical and quality review
Familiarity with the City’s water system
Project Experience
Client references
Past performance on similar or related projects
Technical quality of prior projects
Cost, schedule and quality control on similar projects
Past performance on other City projects
Sub-Consultants
Technical expertise
Record of past performance
Experience of key personnel with similar projects
Familiarity with the City’s water system
Organitation and Schedule
Commitment of key personnel
0
Financial capability and resources of firm
Flexibility to changes in scopes and schedules
22
Carlsbad Seawater Desalination Project
October 28,2003
SCHEDULE. CONTRACT AND PAMMENT INFORMATION
The City anticipates that the process for nominating and selecting a consultant, and
awarding the contract, will be according to the following tentative schedule:
Advertise and Issue RFP: October 29,2003
0 Proposal Due Date: November 19,2003
0 Oral Interviews (if necessary): Week of December 8,2003
0 Selection and Notification: Week of December 8,2003
Contract Negotiation Complete: January 16,2004
Approval of Contract: February 3,2004
Notice to Proceed: February 4,2004
The City will attempt to negotiate a contract with the highest-ranking firridteam at
compensation determined to be fair and reasonable. If the parties fail to conclude
satisfactory arrangements, negotiations with that findteam will be terminated and
negotiations will then proceed in the same manner with the other firms/teams in order of
ranking. If the City is unable to negotiate a satisfactory contract with any of the selected
firms/teams, it may select additional firms and continue the negotiation process. The
City of Carlsbad reserves the right to reject any or all proposals if they are determined to
be inappropriate or inadequate
A copy of the standard EIR consultant contract is attached. Agreement to the
Citv’s standard contract terms and conditions should be included as part of the
submittal. Please do not respond to the proposal if you cannot agree to all terms of the
City’s agreement. The City will not change or modify the hold harmless liability clause
included in the agreement.
At the time of contract negotiation, a payment schedule will be agreed upon between the
City of Carlsbad and the consultant.
SPECIAL CONDITIONS
Reservations
This RFP does not commit the City to award a contract, to defray any costs incurred in the
preparation of a Proposal in response to this RFP, or to procure or contract for work. The
City reserves the right to award this agreement to the consultant determined to offer the
quality, standards, and prices most advantageous to the City.
23
Carlsbad Seawater Desalination Project
October 28.2003
Right To Cancel
City reserves the right to cancel, for any reason, in part'or in its entirety, this RFP including
but not limited to: selection schedule, submittal date, and submittal requirements. If the City
cancels or revises the RFP, all Proposers will be notified in writing by the City.
Additional In foniiafiori
City reserves the right to request additional information andor clarifications from any or all
Proposals to this RFP.
Coiifrict Of Interest
The City considers it inappropriate to award an EIR contract to a firm (prime and
subconsultants) already holding, or expecting to hold, a contract with the applicants
(Poseidon Resources Corporation or Cabrillo Power I LLC.). Responses to this Request
for Proposals should accordingly contain a statement as to what contractual agreement, if
any, exists or is expected to exist in the future between the responding firm (or its
holdings), its subconsultants, and the applicants. This Request for Proposals does not
commit the City to award a contract for any costs incurred in the preparation of the
proposal. The City reserves the right to accept or reject any or all proposals received as a
result of this request, to negotiate with a qualified source, or cancel in part, or its entirety,
this Request for Proposals if it is in the best interest of the City to do so.
Pir blic blfonnation
Release of Public Information - Consultants desiring to release information to the public
must receive prior written approval from the City. The consultant is subject to all federal,
state, and local conflict of interest laws, regulations, and policies applicable to public
contracts and procurement practices.
Public Records
All Proposals submitted in response to this RF'P become the property of the City and under
Government Code 0 6250 et. seq. are public records, and as such may be subject to public
review.
ATTACHMENTS
Site plan
Regional map
Vicinity map
Off-site project elements map
City Standard for EIR content and format
City Standard for EIR consultant contract
List of consultants contacted for this RFP
24
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Rancho Santa Fe
Note: All locatmm am appmmalr.
Valley Center
Ramona
Santee
El Cajon
REGIONAL MAP
Encina Power Station Precise Development Plan
Exhibit 1 .5f
City of Oceanside
Nom, a
VICINITY MAP
~ ___~~~__________~~
Encina Power Station Precise Development Plan
Exhibit 2
/ /
/' / /
/' "'"":"h f L' 'n li - i
Required Format and Contents of an
Environmental Impact Report for the City of Carlsbad
Table of Contents
Summary
Significant Effects, Proposed Wtigation and Alternatives
Areas of Controversy
Issue to Be Resolved
Project Location Maps
Statement of Objectives
Technical, Economic and Environmental Characteristics
Intended Uses of the EIR
Agencies Expected to Use the EIR
List of Permits and Approvals Required
Baseline Environmental Conditions
Resources Unique to the Region
Consistency with Regional Plans
Significant Effects
Significant Effects Which Cannot Be Avoided or Mitigated
Significant Irreversible Changes
Growth Inducing Impacts
Mitigation Measures
Project Description
Environmental Setting
Consideration and Discussion of Environmental Impacts
Measure proposed by the Applicant
Measures recommended by the City or others
Discussion of alternative mitigation measures
AI ternati ves
Effects Not Found to be Significant
Organizations and Persons Consulted
Discussion of Cumulative Impacts
For Final EIR:
The DEIR or a revision of it
Comments and Recommendations Received on the DEIR
Persons, Organizations, and Public Agencies commenting on the DER
Responses to Comments
-1- 57
Al7aCHMENT 3 w R
Sum of Totals
Signature of Evaluator g%-Pb &
Notes:
Weight amounts are merely suggestions and can be discussed at the review meeting. They can range
from 1 (low importance) to 3 (high importance). Scores range from 0 to 5 as follows:
0 = the criteria was not addressed
1 = unacceptable
3 = acceptable
5 = exceptional
Total equals the score times the weight
We requested the consultant identify this information in their presentations. i
12/16/2003
Notes:
Weight amounts are merely suggestions and can be discussed at the review meeting. They can range
from 1 (low importance) to 3 (high importance).
Scores range from 0 to 5 as follows:
0 = the criteria was not addressed
1 = unacceptable
3 = acceptable
5 = exceptional
Total equals the score times the weight ' We requested the consultant identify this information in their presentations.
I
12/16/2003 60
3 Generally respond well to questons?
Seem knowledgable about:
Environmental issues?
Engineering and product water issues?
Plannina. EIR & land use issues?
Identify the key elements of its proposal or the
2 work it would perform?*
2 Present capably?
2 with staff?
Give the impression that it could work well
3 lb
Sum of Totals
Rank
A
I n
Signature of Evaluator / J
Notes:
Weight amounts are merely suggestions and can be discussed at the review meeting. They can range
from 1 (low importance) to 3 (high importance).
Scores range from 0 to 5 as follows:
0 = the criteria was not addressed
1 = unacceptable
3 = acceptable
5 = exceptional
Total equals the score times the weight
* We requested the consultant identify this information in their presentations.
12/16/2003
3
3
3
3
2
2
2
Generally respond well to questons?
Seem knowledgable about:
Environmental issues?
Engineering and product wafer issues?
Planning, EIR & land use issues?
Identify the key elements of its proposal or the
work it would perform?*
Present capably?
Give the impression that it could work well
with staff?
Sum of Totals
Rank
Signature of Evaluator /
Notes:
Weight amounts are merely suggestions and can'be discussed at the review meeting. They can range
from 1 (low importance) to 3 (high importance).
Scores range from 0 to 5 as follows:
0 = the criteria was not addressed
1 = unacceptable
3 = acceptable
5 = exceptional
Total equals the score times the weight
We requested the cons.u/tant identify this information in their presentations.
12/16/2003 la
From: Glenn Pruim To: Scott Donnell
Date: la1 7/03 4:23PM
Subject: My recommendation for the EIR consultant
Scott,
Based on the interviews and reviewing my notes, I'm inclined to give the nod to Dudek. In my opinion, they appeared better informed on water quality/blending issues and RDA desires, although we did have to
prompt both candidates in these areas. I was very impressed w/ the intro from Aspen, more so that
Dudek. As the presentation went on however, Dudek impressed me more with their level of knowledge of our particular situation and the issues that would be more important to us. Aspen gave a better walk thru
of the process and appears to have the requisite background and experience but I didn't feel their presentation, or their responses to our questions, were quite as detailed. I have no doubt that either firm
could do this job, but I was more impressed by Dudek overall and I like the fact that they're local and have
significant direct experience with Carlsbad in the water and desal area. Dave, from Helix (an Aspen sub) stressed his experience working on C'bad projects but those were projects of a different nature. I liked Aspens assurance that communication is critical, and I believe they would do their best, but the distance
may become a factor.
If the two of you were leaning toward Aspen, I'd certainly be interested in sitting down to discuss.
My vote is for Dudek.
63
2
1%
9 3
4- 0-
4- ra
3 3
14 Approach to Work
6
I
Work Plan and Schedule
Technical Competence
Project Experience
Su bconsultants E-
Organization & schedule
Sum of Totals I 543 I 1 I
Rank I 3-
Signature of Evaluator
Notes:
Weight amounts are merely suggestions and can be discussed at the review meeting. They can range from 1 (low
importance) to 3 (high importance). Scores range from 0 to 5 as follows:
0 = the criteria was not addressed
1 = unacceptable
3 = acceptable
5 = exceptional
Total equals the score times the weight
I I
.
12/02/2003
Approach to Work
Work Plan and Schedule
Technical Competence
Project Experience
Subconsultants
Organization & schedule
Sum of Totals
Rank
Signature of Evaluator -
3
3
3
3
k
b
Notes:
Weight amounts are merely suggestions and can be discussed at the review meeting. They can range from 1 (low
importance) to 3 (high importance).
Scores range from 0 to 5 as follows:
0 = the criteria was not addressed
1 = unacceptable
3 = acceptable
5 = exceptional
Total equals the score times the weight
12/02/2003
2 Approach to Work
Work Plan and Schedule
Technical Competence
Project Experience
Su bconsultants
Organization & schedule
Sum of Totals
Rank
3
4 I ft
b I I* /
/
3
7
3
3
3
L
6
G
7
I
Signature of Evaluator :
Notes:
Weight amounts are merely suggestions and can be discussed at the review meeting. They can range from 1 (low
importance) to 3 (high importance). Scores range from 0 to 5 as follows:
0 = the criteria was not addressed
1 = unacceptable
3 = acceptable
5 = exceptional
Total equals the score times the weight
12/04/2003
AGREEMENT BETWEEN CITY AND POSEIDON RESOURCES (CHANNELSIDE) LLC
FOR PAYMENT OF EIR CONSULTANT FOR EIR 03-05
THIS AGREEMENT is made this day of 5 Q-\LCQ-> ,20 o +
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, and Poseidon Resources (Channelside) LLC
hereinafter referred to as 'IAPPLICANT".
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for
approval of a proposed project identified as Power and Desalination Plants - PDP 00-
02lSP 144(H) requiring an Environmental Impact Report; and
WHEREAS, CITY has determined that its current staff is inadequate in
number to process the Environmental Impact Report in a timely and thorough manner;
and
WHEREAS, APPLICANT in order to ensure the expeditious processing of
said Environmental Impact Report desires to pay to CITY the amount necessary to hire
a CONSULTANT.
NOW, THEREFORE, in consideration of the covenants and conditions, it
is agreed as follows:
1. The CITY Will engage the firm of Dudek and Associates, Inc.
hereinafter referred to as "CONTRACTOR" to perform the necessary work in the
processing arid mariitoring of the Environmental Impact Report for that area more
particularlv depicted bpon a site map attached as Attachment I and made i! part of this
ag ree men t .
2. It is understood that +he CONTRACTOR services shall conform to
1 Rev. 07/31 !OO
the Proposal attached as Attachment 2 and made a part of this agreement, and may
require:
a) Field exploration;
b)
c) Written reports; and
d) Such other work necessary to properly evaluate the
Weekly communication with the City staff;
proposed project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONTRACTOR to
complete a draft and final Environmental Impact Report at the earliest feasible time.
The CITY will advise the APPLICANT in writing of any impacts which may render the
proposed project infeasible within a reasonable time after CITY has received the
CONTRACTOR 's conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of the
CONTRACTOR 's services. Such cost shall be based on the costs set forth in
Attachment 3. The APPLICANT has advanced the sum of $ 323,045 as payment on
account for the actual cost of the CONTRACTOR'S services. In the event it appears, as
the work progresses, that said sum will not be sufficient to cover the actual cost, the
CITY will notify the APPLICANT of the difference between the amount deposited and
the new estimated cost. CITY will ensure, to the extent feasible, that no further work
will be performed by the CONTRACTOR incurring an obligation beyond the amount
advanced without an appropriate amendment to this Agreement. If the actual cost of
preparing the report is less than the APPLICANT'S advance, or should the City (at the
request of the Applicant or on its own initiative) determine that no further work is
required any surplus will be refunded to APPLICANT by CITY.
2 Rev. 07/3 1/00
5. It is understood that the CONTRACTOR shall be an independent
contractor of the CITY and CITY shall not be liable for any negligent acts or omissions
of the CONTRACTOR. The APPLICANT agrees to permit the CONTRACTOR to enter
upon his property and to perform all work thereon as the CONTRACTOR deems
necessary to complete the Environmental Impact Report. It is agreed that the
APPLICANT will not interfere with the CONTRACTOR in the performance of such work
or attempt to influence such CONTRACTOR during the course of his investigation and
report.
6. It is understood that the CITY will attempt to bring the
Environmental Impact Report to Planning Commission and City Council as soon as
possible, barring no delays from the APPLICANT.
7. The City shall not be required to defend any third party claims and
suits challenging any action taken by the City with regard to any procedure or
substantive aspect of the City’s environmental process and approval of development of
the property. If the City, in its sole and absolute discretion defends such action or
proceeding, the Applicant shall be responsible and reimburse the City for whatever
legal fees and costs, in their entirely, may be incurred by the City in defense of such
action or proceeding. The City shall have the absolute right to retain such legal counsel
as the City deems necessary and appropriate. Applicant shall reimburse the City for
any award of court costs or attorney fees made against City in favor of any third party
challenging either the sufficiency of a negative declaration or EIR or the validity of the
City’s approval of the application. This obligation survives until all legal proceedings
have been concluded and continues even if the City’s approval is not validated.
3 Rev. 0713 1 /00
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
Executed by APPLICANT this /J* day of 4kWdY-
*ODLJ.
APPLICANT:
Poseidon Resources (Channelside) LLC.
VETLv- flK!
(Name of Applicant)
By:
(sign here)
Peter M. MacLaggan, Vice President
(print name herehitle)
By:
CITY OF CARLSBAD, a municipal
(sign here)
Anthony Iessi, Secretary
(print name herehitle)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO (
treasurer must sign for corporations. Otherwise, the corporation must attach i
certified by the secretary or assistant secretary under corporate seal empowering tl
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
ROW R. BALL, City Attorney
4 R
assistant
resolution
3 otXcer(s)
iartnership
100 !v. 0713
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On T+,NQ~, I 3, XOL~ beforeme, ELCC-~, &(til &~L#CEI
Notary Public, personally appeared ?Ex& I'I k4 A C LR b C. A I\-{ , [ 3 personally
known to me - or [d proved to me on the basis of satisfactory evidence to be the person@ whose
name@ is/= subscribed to the within instrument and acknowledged to me that he/sh&hey
executed the same in his- authorized capacity(*), and that by his/heAkk signature(@
on the instrument the person(@, or the entity upon behalf of which the person(s1 acted, executed
the instrument.
WITNESS my hand and official seal.
r
(Signature of Notary) 0-
On T~~JUARV /ai doo4'
Notary Public, personally appeared A A/TNoAJ ES
before me, HAL? WPF 7 J4fY r;)R.z\/26/4 -
[dpersonally known to me - or [ ] proved to me tcbasizf satisfactory evidence td
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
MARGARET JANE DRZYZGA NOTmY PUBLIC MY CWMlSSlON EXPIRES JULY 31,
ATTACHMENT I
SITE
POWER & DESALINATION PLANTS
EIR 03-05
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ACCOUNT NO. DESCRIPTIO I
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Engineering, Planning,
Environmental Sciences and
Corporate Office:
605 Third Street
Professional Teams for Complex Projects Management Services Encinitas, California 92024
November 26, 2003
Ms. Michele Masterson
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
760.942.5147
Fax 760.632.0164
203248-300
Subjed: Proposal to Prepare an Environmen tal lmpad Report for the Carlsbud Seawater
Desalination Projecf
Dear Ms. Masterson:
Dudek & Associates, Inc. (Dudek) is pleased to present this proposal to provide environmental
support services for the Carlsbad Desalination Project. Our proposal includes a Technical and
Qualifications submittal and a Cost Proposal. The Cost Proposal is presented under separate,
sealed cover as requested.
As one of the largest, locally-based public works, environmental sciences, engineering, and
construction services consulting firms, Dudek specializes in providing integrated approaches to
ensure environmental compliance for major public works projects. The combined expertise of
our biological sciences, planning, CEQA/NEPA, and engineering staffs, as well as our significant
project area experience and established relationships with the City of Carlsbad, U.S. Army Corps
of Engineers, U.S. Fish and Wildlife Service, the California Department of Fish and Game, and
California Coastal Commission, provides the City with a well qualified team of environmental
support for this assignment.
To augment our team, Dudek proposes to use Jan Driscoll, Esq. (a partner in the law firm of
Allen Matkins Leck Gamble and Mallory) for CEQA compliance review relative to coastal, water
and desalinization issues; Hany Elwany, Ph.D. (Coastal Environments) for oceanographic issues;
Dennis Lees, Ph.C. (Littoral Ecological and Environmental Services) for marine biology; Dennis
Gallegos (Gallegos & Associates) for cultural resources; and Valorie Thompson, Ph.D. (Scientific
Resources Associates, a Caltrans-certified WBE) for air quality and public health.
As demonstrated in the attached proposal, our project team is local, has the expertise, depth of
staff , and technical resources necessary to provide environmental support services required for
the Desalination Project. Our professional and technical expertise is exceeded only by our
enthusiasm and eagerness to work with the City on this important project.
The individual with the authority to contractually bind the company is Frank Dudek, President.
The signature below constitutes a formal Statement of Offer. Mr. Dudek designates Joe Monaco,
Senior Project Manager, as his representative during the period of evaluation and he may be
contacted at (760) 942-51 47 for further information or clarification.
Very truly yours,
DUDEF& ASSOCIATES, INC.
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Section
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
TABLE OF CONTENTS
Awendix A
Resumes
Pacle No.
Executive Summary .......................................................................... 1
Identification of Responder ............................................................ .2
Experience ......................................................................................... 3
Proposed Method to Accomplish Work ........................................... 7
4.1 Project Understanding ....................................................................... 7
Scope of Work ............................................................................... 10
Project Organization and Key Personnel ....................................... 22
4.2
4.3 Schedule ........................................................................................ 21
Fee Schedule ................................................................................... 26
Comments on Standard EIR Agreement ........................................ 26
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SECTION I EXECUTIVE SUMMARY
Dudek & Associates, Inc. (Dudek) is pleased to present this proposal to prepare an Environmental
Impact Report (EIR) for the City of Carlsbad’s (City) Seawater Desalination Project located on the site
of the Encina Generating Station in Carlsbad, California. We have selected our team based on our
understanding of the issues that are likely to arise during the ElR preparation, and on the experience
and knowledge that the Dudek team members have of the study area.
Dudek will serve as the prime consultant, with Joe Monaco, AlCP serving as overall Project Manager.
Mr. Monaco has over 16 years experience in completing CEQNNEPA documentation and has been
responsible for over 100 ElRs evaluating infrastructure projects including water pipelines, pump
stations, wastewater treatment, and reclaimed water facilities. To augment our team, Dudek proposes
to use Jan Driscoll (a partner in the law firm of Allen Matkins Leck Gamble and Mallory, LLP) for
CEQA compliance review relative to coastal, water and desalinization issues; Hany Elwany, Ph.D.
(Coastal Environments) for oceanographic issues; Dennis Lees, Ph.C. (Littoral Ecological and
Environmental Services) for marine biology; Dennis Gallegos (Gallegos & Associates) for cultural
resources; and Valorie Thompson, Ph.D. (Scientific Resources Associated - a Caltrans certified WBE)
for air quality and public health.
Our Project team organization shown in Section 5 of this proposal has been developed to facilitate
communication and address the most difficult environmental issues for the Desalination Project. The
Project team’s knowledge of desalination projects, pipeline projects, local planning issues, regulatory
requirements, and the study area, places it in a position to fully grasp the impacts that need to be
addressed for this Project. Maior issues to be addressed in the EIR include the following:
Growth-inducement potential;
Compliance with the Agua Hedionda Local Coastal Program policies;
Consistency with the Coastal Act/coordination with Coastal Commission since the Encina Specific
Plan is outside of the City‘s local coastal program permitting jurisdiction;
Brine discharge/water quality and intake;
Terrestrial and aquatic biological resources including threatened and endangered species,
wetland issues, sensitive habitats, consistency with the Carlsbad Habitat Management Plan, ocean
water quality effects, and fish habitat;
Construction impacts including noise, air quality, traffic, and coastal recreation/access;
Cultural resources near Agua Hedionda Lagoon;
Energy resources
Consistency with 670-acre Encina Specific Plan Area (SP144)
~~ibr~~ 203248-300
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As a local, San Diego firm with over 20 years experience in the study area, Dudek is very familiar with
the local issues and environment in the Project area. Dudek's corporate headquarters are located in
Encinitas, which is just 10 minutes from the proposed desalination plant site. The Dudek team has
completed several projects within the City of Carlsbad and in the Project area, providing valuable
insight into expected field conditions. One of Dudek's recent accomplishments was the successful
completion and approval of the City's Water and Sewer Master Plan Updates, including the attendant
Program EIR. The Program EIR analyzed the environmental effects of 84 Project components
proposed in the plans, many of which are within the same alignments and locations proposed for
facilities associated with the Desalinization Project. Of importance is the similarity of the Carlsbad
Water and Sewer Master Plan Program EIR with the product water conveyance system proposed as
part of the Desalination Project. The proposed desalination conveyance alignment from the
desalination plant to Maerkle Reservoir is virtually the same alignment that Dudek analyzed in the
Carlsbad Master Plan Program EIR.
SECTION 2 IDENTIFICATION OF RESPONDER
a. Legal Name and Address of Company
(also principal place of business)
Dudek & Associates, Inc.
605 Third Street
Encinitas, CA 92024
b. Legal Status of Consultant California Corporation (Company is parent)
c. Address of Office 605 Third Street
Encinitas, California 92024
d. Name, Title, Address, Telephone Number and
Email Address of Person to Contact
Concerning the Proposal
Joe Monaco, AICP, Senior Project Manager
605 Third Street
Encinitas, CA 92024
Tel: (760) 942-51 47
Email: imonaco@dudek.com
6i ASSOCLATES, INC.
Rcg*rJ-ln-k)rm 203248-300
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The following three samples of work demonstrate Dudek’s qualifications and experience. In addition,
this section provides relevant project experience for each of our subconsultants.
‘k/dc-zr ~nc SS:L/F- fu:3risr F,cr c
nmental and Engineering Di
completed the City of Carlsbad Water and Sewer Master Plan
Updates and Master Plan Program EIR. The Program EIR analyzed
the environmental effects of 84 Project components proposed in
the Master Plans, which are similar with the product water
conveyance system proposed as part of the Desalination Project.
(760) 602-460
ProiedTmm Joe Monaco, Project Director Shawn Shamlou, project M~~~~~~ Mark McGinnis GIS Analyst Vipul Josh;, Bio/ogist Gallegos & Associates
Value: $92,655
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E R ci no Wafer Pol 1 uiio rt C o n:rd F G ci ! F has e ?' Ex pa PSI cr; C EQ", Doc u m e r;tati on , E nci n a Wastewater
Authority
Dudek is currently providing environmental documentation in
compliance with CEQA for the Encina Wastewater Authority's
(EWA) Phase V Expansion of the Encina Water Pollution Control
Facility. Proposed Phase V facilities include modifications to the
existing preliminary treatment facilities, secondary treatment
facilities, effluent pumping facilities and odor control.
Additionally, in order to meet long-term biosolids disposal and
management needs as well as minimize energy purchases, EWA
is proposing to develop a new biosolids handling and disposal
facility as well as modify the existing onsite congeneration
system. Major issues addressed include effects to ocean water
Project Team John Porteous, Project Manager
Joe Monaco, Land Use Mike Komula, Acoustician Dennis Lees, Marina Oceanwater
Sarah Qua'iY omno, Visual
Value: $1 03,000
quality, marine biological resources, air quality, noise, aesthetics, transportation, hazardous
materia I s/pu blic hea I th and growth inducement .
S s ii E i i i s F. eci a i m ed \iv ale i G i sTri b clii oq, '5 TO :ace S)~sie fi- E I R/E;
Dudek completed an EIR/EA required for CEQA and NEPA
compliance for the proposed water reclamation facility including
a storage reservoir, two pump stations and the construction of a
distribution system for reclaimed water to users within the San
Elijo JPA service area. The distribution system includes 93,550
linear feet of pipelines, pumps, and two storage reservoirs.
Major issues addressed include biological impacts associated
with crossing the San Elijo Lagoon, coastal issues, cultural Value: $1 80,000
resources, erosion and sedimentation, and alternative
engineering design and construction methods to cross the San Elijo lagoon.
Proj&Tmm John Porteous Project Manager Anita Hayworth, Biological Resources Mike Komula, Acoustician
u bco fl SU Ita nt rience
ALLEN WATKINS LECK GAk4BLE & MALLOW, LLF
.. . ,,oas$zi I-- ',;":'ere< Fr~;~z~~ -. ~ ,'s;rjT62r.&: ~d~.!i\~~~i,~
Ms. Driscoll is providing legal council for a client who is Contad
proposing a long term water supply project for the Monterey
Peninsula that includes a Seawater Reverse Osmosis Engineer, California American Water,
desalination plant and aquifer storage and recovery. The client
is a California Utilities Commission (CPUC) regulated water
utility. California Environmental Quality Act (CEQA) compliance
will include preparation of a Proponent's Environmental
Assessment pursuant to the CPUC's CEQA rules, preparation of a draft and final EIR. The proposed
project will use already existing intake and outfall facilities. Alternatives to be evaluated include
alternate sites and larger capacity desalination facility.
Fred Feizollahi, Senior Operations
(831) 646-3261
Value unknown at this time
P-f-T-bC-QkCW 203248-300
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COASTAL ENVIRONMENTS
St,rci, 6; Sediment ir~rmce Conditions In The Vicini? oi Asuc tiedionds Lagoon, Citv ef Ccrisbad
Coastal Environments (CE) conducted a study to analyze
sediment transport in the vicinity of Agua Hedionda Lagoon.
Specific technical tasks in this study include: 1) review sediment
transport in the vicinity of Agua Hedionda Lagoon; 2) estimate
shoreline erosion rates; 3) evaluate the effect of the power plant
Conto Sherily Commission, (61 9) 767-2370
Value: $250,000
and the lagoon on the natural transport and deposition of
sediment to the shoreline; 4) develop four sediment placement options; and 5) identify stable disposal
sites north and south of the lagoon.
CE performed sedimentation monitoring and hydraulic
evaluation. The purpose of this study was to address
sedimentation observed within the Model Marsh between
February and June 2000, which showed that there were several
i'
Value: $50,000 sources of the sediment: the Goat Canyon watershed, daily
tidal flushing, storm-induced flood flow, and beach sand
washed in from beach dunes during large wave events. Our
efforts included an aerial survey, sediment analysis, water level measurements, hydrodynamic analysis,
and topographic su rveys.
Ll~OFWL ECOLOGICAL & ENVIRONMENTAL
// .I- r. _. ._ iorjcs! rrCh Cae; 2- t. 22 - CI- ['&I. cnk G,lor CI Zab!: c - i' 'inlstr,' of E/ecrhcit cr,c
\t ',' CTBI-, I::clwoi,
Mr. Lees was project manager and principal investigator on maior = Cod
studies related to development of a new city and large desalination
and power plant. Directed intensive baseline studies of demersal
fish, zooplankton, and benthic assemblages in Kuwait Bay and
northern Kuwait. Examined distribution and abundance of the
larvae and adults of commercial and non-commercial species of fish and crustaceans over a 1-year
period and predicted effects of development and operation of a new city and associated desalination
and power plants on the fisheries stocks.
Not known due to changes in personnel
Value: $1 , 2,000,000
Mr. Lees was project manager and principal investigator for Contact
several year-long compliance studies for ocean outfalls for several
SCE power generating stations ranging from Orrnond Beach to
Huntington Beach in southern California. The overall objective of
these programs was to determine if the discharge of the heated
cooling water from the power plants was causing negative impacts in nearshore habitats. The
program, focusing on depths from the intertidal zone to about 40 feet, involved diving, infaunal, and
trawling surveys.
Jack Stocb'Robed Grove! Southern California Edison, (626) 302-9735
Value: unknown
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GALLEGOS & ASSOCIATES
Cuiiu~~i Eescurce Test DGX F,ecovery and h40nitorifi~ Frogran: FGT The Oiiq Mesa Generating
F rei EC;
This study included determining site significance and eligibility to
the National Register for 13 cultural resources, data recovery for
site CA-SDI-9975, and monitoring during construction of the
power plant and related facilities. Tasks included survey, artifact
collection using GPS and GIS, excavation of shovel test pits
(STPs) and units, artifact analysis, special studies, and a report of
finding. This study was prepared for the California Energy Commission.
Value: $250,000
SCIENTIFIC RESOURCES ASSOCIATED
I Air Gualit.~~ Analysis ~ Cclirrp 7er;d;eior. Tertiay; I reraiment Pian:
Dr. Thompson prepared the air quality analysis for the proposed
construction and operation of the Camp Pendleton Tertiary
Treatment Plant that is proposed for the treatment of wastewater
generated at Camp Pendleton. The project included assessing
construction emissions associated with the various phases of
construction, and evaluating the conformity of the construction
phase of the project with the San Diego State Implementation Plan. The assessment also included
evaluating the potential for adverse impacts associated with odors generated from wastewater
treatment processes.
Value: $4,900
F G pgiir: .inal\cci:: - e,GCc.;e Cc PC I t e;:s;poi im r, b/ attr 13! ~rr ri
Dr. Thompson is providing assistance to the MWD in assessing
construction of the Coachella Canal in Riverside and Imperial
Counties. The analysis includes estimating emissions associated
with construction, including heavy equipment exhaust, truck
traffic, and fugitive dust. The assessment also involves
evaluating the project’s requirements under the General Conformity Rule and providing technical
assistance in developing the conformity evaluation.
the potential for impacts to air quality associated with the Tom conto Ryan, Metro oli+an Water District, (21 3) 21 7-6000
Value: $4,200
I& ASSOCIATES, INC.1
P.+.iOdT-taC-4kP- 203248.300
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SECTION 4 PROPOSED METHOD TO ACCOMPLISH WORK
4.1 PROJECT UNDERSTANDING
Poseidon Resources (project applicant) and Cabrillo Power I LLC (Encina Generating Station [EGS]
operator and land owner) are proposing to construct a seawater desalination plant and conveyance
system located predominately in the City of Carlsbad in north San Diego County. The plant would be
located at the existing EGS site. The Project proposes the construction of a desalination plant with the
capacity to deliver 50 million gallons per day (MGD) of product water (Reverse Osmosis [RO]
permeate) to the Maerkle Reservoir in the City of Carlsbad.
The Project would also involve the construction of associated pipelines, pump stations, and
appurtenant and ancillary facilities to distribute potable water through the City's aqueduct system for
domestic use. The EGS currently contains fuel oil, storage tanks, switching stations boilers and steam
turbines. The plant runs on natural gas and draws cooling water from the Pacific Ocean through the
260-acre Agua Hedionda Lagoon. The plant is located within the City of Carlsbad's Encina Specific
Plan Area which is approximately 670 acres and extends from the Pacific Ocean to approximately two
miles inland. A transmission corridor runs from the EGS eastward. Land uses within the current
specific plan area include agriculture, recreation, open space, marine research, and aquaculture.
Dudek's approach to addressing project issues will be focused on assembling the most thorough and
legally defensible analysis possible. One key component of our strategy is to proactively address
coastal issues and how they relate to the project since the California Coastal Commission (CCC) will
be a Responsible Agency under CEQA and will have approval authority for the project's coastal
development permit. In August, 2003, the CCC issued a Draft Report on Seawater Desalinization
and the California Coastal Act. The purpose of the report was to provide general information on
seawater desalinization and to outline how CEQA analyses for desalinization plants should be
conducted to provide adequate information for coastal development permit issuance. Many of these
issues have been raised by the CCC, the California Energy Commission and environmental groups,
such as the Surfrider Foundation on the EIR for the proposed Poseidon desalinization facility in
Huntington Beach. It is reasonable to expect that these same issues will be raised on this project.
Therefore, we believe that all of these issues should be considered in the EIR analysis for the proposed
Carlsbad desalination facility, particularly since the CCC will rely upon the City's environmental
document for their CEQA compliance. A summary of the issues is as follows:
Relationship to the Existing Power Plant
0 The EIR will need to analyze impacts of the proposed project based on operational assumptions
for EGS that reflect "reasonable worst case" conditions. Of note is the fact that while the
permitted cooling water intake for EGS is 857 mgd, the typical average intake is less than that
and is subject to temporal fluctuations. Analysis of dilution of brine discharge should therefore be
based on the reasonable average discharge from EGS, rather than the permitted 857 mgd. Other
EGS operational considerations that should be factored into the EIR analysis is to what extent the
EGS provides baseload power vs. peak demand power. Since the proposed desalinization project
will likely operate in a more continuous fashion than the EGS, a reasonable worst case analysis
may consider operations in low power demand situations.
0 The EIR will need to consider how the proposed project relates to the longevity of the plant in its
current location and configuration. This is an issue that will not only be of concern to the CCC,
but the City as well, since relocation of the EGS is a goal of the South Carlsbad Coastal
Redevelopment Plan. CCC believes that in most cases, co-located plants need to be analyzed as
though they would operate independently since most will, at some point in their operating life,
operate when the power plant does not.
Other Coastal Commission Issues
The CCC considers the shift of seawater from a "commons" resource to a commodity to be an
issue deserving attention in the EIR analysis. Ocean water is a public trust resource. CCC review
will consider whether the proposed project is consistent with public trust values. A consideration in
this analysis will be impacts on marine organisms, and whether the proposal adequately promotes
the "ecological and aesthetic values" that are part of the Public Trust Doctrine.
CCC will also likely require an analysis of cumulative impacts of desalinization in general. While
it is acknowledged that the individual impact of increased salinity is minimal, the CCC will be
interested in the analysis of cumulative effects as more and more desalinization plants are
proposed along the coast. The issues related to a shift of ocean water from resource to a
commodity are also at play here in that there may be a cumulative change in policy related to
how ocean water is viewed, managed and used. While the EIR need only address potential
physical effects, some discussion of how long term policy shifts could translate to physical effects
should be provided.
The CCC will be interested in localized effects; how impacts to coastal resources relate to benefits
that the project provides to non-coastal development.
Existing Coastal Act policies related to growth inducement appear to mostly relate to facilities, not
supply. However, a question that should be addressed in the EIR is whether the project is meant
to replace an existing supply or provide a new supply. This could have implications in how the
CCC ultimately considers the project's relationship to growth. Another important growth-related
issue is the fact that the plant would not be publicly owned and operated. The CCC would
consider a public facility to be more likely linked to local growth management plans, goals and
priority uses.
Development of project alternatives will also need to consider CCC interest in studying system
alternatives, including conservation programs, use of reclaimed or recycled water, and
reallocation of existing supplies (the recent Imperial Irrigation District water allocation deal may be
an example of how these alternatives are already being implemented in conjunction with
development of new supplies).
The ability of the EIR to address these issues up front will provide a better defensible document and
will facilitate political consideration. Participation on the team by Jan Driscoll will assist in efficiently
addressing legal requirements related to these issues. Ms. Driscoll is an attorney with extensive
experience in CEQA compliance and with water related issues, including desalinization. Table 7
below presents Project components identified in the RFP and Dudek's key environmental issues
associated with each element.
TABLE 1
UNDERSTANDING OF PROJECT ISSUES
H Approximately 6 miles of 48-inch pipeline to
carry product water to the Maerkle Reservoir
for distribution of product water
PROPOSED DESA
w Capacity to deliver 50 MGD of product water
rn Construction impacts (noise, air quality,
rn Growth-inducement (potential expansion)
traffic, land use)
~~
rn Located on approximately 4.0 acres adjacent
to Agua Hedionda Lagoon
rn 200 feet of pipeline to connect a new onsite
waste disposal line to the regional sewer
Up to 104 MGD of cooling water to be
diverted to the desalination facility
rn Construction impacts (noise, air quality, traffic
control, recreation)
rn Chemical treatment of product water and on-
site storage prior to entering distribution system
rn Brine discharge
NATION PLANT
rn This will add capacity to serve the region with
water and raise the Project’s growth-
inducement potential
rn Energy consumption
Aesthetic effects of desalination plant to
sensitive receptors rn Compatibility with City’s SP 144
rn Compliance with the Agua Hedionda Local
Coastal Program policies
rn Biological and cultural resources near Agua
Hedionda Lagoon
rn Potential change in the quantity or rate of
cooling water intake could result in impacts to
aquatic biology and/or turbidity
rn Potential for hazardous materials issues
rn Potential increase in salinity and changes in
discharge water temperature which could
result in aquatic biology and water quality
impacts
rn Portion of the new pipeline constructed on
undisturbed native vegetation and agricultural
lands rn Product water stored at Maerkle Reservoir
rn Biological resources including threatened and
endangered species, wetland issues, sensitive
habitats, consistency with HMP, etc.
rn Cultural resources near Agua Hedionda
Laaoon
rn Three new pump stations to be constructed rn Construction impacts, noise impacts,
biological and cultural resources
system
rn Approximately 6 miles of 30 - 36-inch pipeline
to carry product water from Maerkle Reservoir
to the Vista Irrigation District, City of
Oceanside and/or North County Distribution
Pipeline.
rn Biological resources including threatened and
endangered species, wetland issues, sensitive
habitats, consistency with HMP
rn Construction impacts (noise, air quality, traffic
control)
(&ASSOCIATES, INC.1 Fw-dWd-b-m 203248-300
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4.2 SCOPE OF WORK
Task 1: Project Start-up and Initiation
Dudek‘s project manager and key technical staff will meet with the City upon receipt of a notice to
proceed. The purpose of this meeting is to meet the key team members and clarify roles, establish
data exchange procedures, verify Project schedule, and collect technical reports and any additional
available data. Project initiation will include review of existing information and data sources as
identified by the City.
Task 2: Project Description and Alternatives Summary
During this task, a detailed Project description and Project alternatives will be developed for
distribution and review by the City staff and Dudek team members. The alternatives discussion will
provide a description of the five Project alternatives identified in the RFP including the No Project
Alternative, 25 MGD Alternative, 1 00 MGD Alternative, Alternative Project Site, and the Alternative
Offsite Pipeline and Pump Station Plan Alternative. The Project and alternatives description will form
the basis for the EIR analysis. The Project description will describe in detail the Project objectives,
location, description of the site, Project characteristics, background and will identify all off-site
improvements necessary to implement the proposed Project. A complete list of required discretionary
actions, permits and approvals will be provided, with the lead and responsible agencies identified for
each.
Deliverable Product:
0 Dudek will prepare and submit fifteen (15) copies of a Preliminary Project Description and
Alternatives for review/approval by the City.
Task 3: Initial Study
Dudek will review the Initial Study already prepared for the proposed Project and revise and update it
as necessary. The environmental checklist form included in Appendix G of the State CEQA
Guidelines will be used as the basis for the evaluation.
Deliverable Product:
0 Fifteen (1 5) copies of the final draft Initial Study for review and approval by the City. Final copies
will be distributed with NOP (see Task 4).
Task 4: Notice of Preparation/Public Scoping
Dudek will prepare a Notice of Preparation (NOP) for City approval. Public scoping will consist of
issuance of an NOP and incorporation of comments received on the NOP as required by CEQA. In
addition, Dudek will participate in one public scoping meeting and one agency issues meeting. The
meetings will be initiated with an overview of the project description as well as the City’s Initial Study
and EIR Scope of Work. This will be followed by providing an opportunity for the general public to
make comments and observations about the Project’s impacts and EIR focus. The meeting facilitators
and note-takers will summarize and record these concerns and ask meeting participants to clarify their
concerns and provide insight into their expectations of the draft EIR as an independent tool for fact-
finding. Key members of the report preparation team will use the scoping meeting as an opportunity
to interact with and ask questions of community representatives and the general public.
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In conjunction with the City, Dudek will compile a list of agencies and organizations which are to
receive copies of all notices and environmental documents. This list will include the local jurisdictions
(i.e., cities of Oceanside, and Vista), the State Clearinghouse, agencies with known permitting
responsibilities, any public agencies which may be affected by the proposed Project, and any
organizations or individuals having previously requested copies of the environmental document.
Dudek will also be responsible for maintaining the mailing list throughout the EIR process. Each
mailing will be saved individually (e.g., NOP list, Draft EIR list, and Final EIR list). Our cost and scope
assumes that the City will be responsible for compiling a mailing list of adjacent property owners.
Deliverable Produds:
0 Mailing list
0
0
0
"Notice of Availability" NOP/public scoping meetings
Up to 100 copies of the NOP
Memorandum describing completion of public scoping process
Task 5: Environmental Impact Report
The EIR will be written in compliance with the criteria, standards and procedures of the CEQA Statute
and Guidelines, the Carlsbad Environmental Protection Ordinance (Title 1 9 of the City's Municipal
Code) and the regulations, requirements and procedures of any other responsible public agency with
jurisdiction by law. The following is an outline of the content and specific sections to be included in
the EIR analysis.
5.1 Executive Summary, Introduction, Setting
The summary will contain an overview of the proposed Project, including a list of required
discretionary approvals. The summary shall also include a summary of impacts and mitigation
measures, known areas of controversy including issues raised by agencies and the public, as well as a
summary of alternatives to the proposed Project. The Introduction section of the EIR will define the
purpose, scope and legislative City of the EIR; requirements of CEQA and other pertinent
environmental regulations, This section will also describe the EIR process, structure, required contents
and its relationship to other potential responsible or trustee agencies. The Environmental Setting
Section of the EIR will provide a description of the existing site conditions, including a description of
the natural resources contained on the plant site, proposed pipeline alignments, Maerkle Reservoir,
and any other areas that would be affected by the Project.
5.2 Project Description
This section will include the approved Project description prepared above under Task 2.
5.3 Environmental Impact Analysis
Each environmental impact section of the EIR will contain thresholds for significance, potential
environmental impacts, recommended mitigation measures for impacts identified as significant, and
an analysis of significance after incorporation of mitigation. The following is Dudek's scope of work
for each of the environmental issues that are anticipated to be addressed in the EIR.
5.3.7 Aesthetics
Potential impacts to community character and views of the Project sites from adjacent areas will be
evaluated. View impacts from public vantage points around the development sites will be addressed,
including from Interstate 5 and Carlsbad Boulevard, a designated scenic corridor. Also, the
desalination plant site is visible to riders on the Coaster and Amtrak trains that pass by. A proposed
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Carlsbad Rail Trail, a multi-purpose pathway to be constructed
parallel to the railroad tracks in Carlsbad would also be
afforded views of the site. Based on site plans available for the
desalination plant and pump stations and visual simulations
available for the plant and pump stations, the EIR will examine DroDosed Coastal Rail Trail to the the height of the structures, as well as visual buffering
techniques, such as landscaping, berms, and other measures
proposed in the conceptual site plans to mitigate such impacts
and evaluate the ability of the measures to reduce impacts to
less than significant levels. In addition, the EIR will address light
and glare impacts of any lighting proposed and the surface coatings used for the desalination plant
and pump stations. As needed, this section will recommend mitigation measures to reduce potential
aesthetic, light, and glare impacts.
> Short-term con~rudion
equipment on the EGS site and
along conveyance route
5.3.2 Air Qualify
Scientific Resources Associated (SRA), will address the potential
for impacts to the air quality associated with both construction
and operation of the Project. Construction impacts will be
evaluated based on the County of San Diego’s guidelines and
significance criteria for construction Projects. SRA will estimate
emissions from the construction phase of the proposed Project based on information provided by the
City with regard to construction requirements, and will be developed based on standardized
approaches as presented in San Diego Air Pollution Control District (SDAPCD) Rules and Regulations,
the U.S. EPA’s AP-42 document, the South Coast Air Quality Management District’s CEQA Air Quality
Handbook, and other appropriate guidelines. The emission estimates will be developed based on the
SCAQMD’s or USEPA’s AP-42 emission factors or other appropriate sources. SRA will also evaluate
the consistency of the Project construction phase with the SDAPCD’s Regional Air Quality Strategy
(RAQS) and the San Diego portion of the State Implementation Plan (SIP). Operational impacts will
be primarily confined to indirect emissions associated with energy use at the desalination plant.
Energy use emissions will be quantified based on estimated energy requirements for the plant, using
standard emission factors. This section will verify the consistency of the Project with the RAQS and SIP.
Mitigation measures for air quality, including dust control for construction activities, will be included in
the EIR where necessary.
> Operational impacts due tb use
of energy
5.3.3 Biological Resources
Terrestrial Biology
Biological Resources Inventory and Wetlands Delineation.
During this task, Dudek biologists will conduct a field survey of
the proposed Project construction corridor and staging areas,
reviewing the study area in the context of any previous
environmental mapping and documentation and recent aerial
photographs. Dudek understands that the proposed Project study
area consists of the desalination plant and piping, including six miles of 48-inch pipeline to carry
product water to the Maerkle Reservoir and six miles of 30- to 36-inch pipeline to carry product water
from Maerkle Reservoir to North County water users; three pump stations; and 200 feet of connection
pipeline. Vegetation within the alignment will be mapped according to Holland. The map will include
endangered species within
align men t corridor.
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Marine Biology
Littoral Ecological and Environmental Services (LEES) has been
included on the Dudek team to provide expertise in marine
biology. LEES will review existing documents prepared
previously for the Desalination Project regarding hydrodynamic
modeling, dispersion and dilution of concentrated seawater,
marine biological considerations, and water quality
characteristics and toxicity of the desalination plant discharge
stream. LEES will evaluate the potential effects of increased
salinity of the Project. This will include the following:
o Fish assemblages
larvae
9 Effect of the Project on Essential
fish Habitat. Review NPDES monitoring and 31 6b reports to identify
important organisms in the vicinity of the discharge
channel or in the heated effluent;
Assess seasonal and temporal distribution patterns of important organisms;
Review the scientific literature to evaluate salinity tolerances and sensitivities of those organisms
that appear to be at risk of exposure based on their seasonal or temporal distribution patterns;
Identification of benthic organisms or fish with temperature-dependent salinity sensitivities;
Comparison of modeled temperature-salinity contours with the distribution of the sensitive
organisms both in the benthos, water column, and power plant effluent;
Comparison of estimated trace metals concentrations in hypersaline effluent with California
Ocean Plan guidelines;
Developing predictions of potential impacts from addition of hypersaline effluent to heated effluent
from Encina Power Station.
LEES will also prepare an Essential Fish Habitat Assessment in response to the requirements of Section
305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act according to U.S. Fish
& Wildlife Guidelines in 50 CFR 600 920 (g)(2). This information will be provided in the EIR and
potential impacts to marine life will be identified and, if necessary, mitigation measures will be
recommended. This task assumes that the City and agencies are satisfied with existing biological
information for nearshore marine habitats; no additional field studies are included.
5.3.4 Cultural Resources
Gallegos & Associates has been included on the Dudek team to
provide cultural resources analysis for the proposed Project. A
literature review and record search will be conducted at South
Coastal Information Center at San Diego State University which
will identify previously recorded cultural resources within the
study area including the desalination plant and the conveyance
route. The records search prepared for the Carlsbad Water and Sewer Master Plan EIR will be used to
the extent feasible to streamline this requirement and reduce potential delays associated with the
record search. Field surveys of the study area, conducted in compliance with state and federal
guidelines, will identify presence/absence of cultural resources. If prehistoric or historic sites are
identified within the desalination plant site or within the conveyance route, testing will be necessary to
determine site importance under CEQA criteria. This scope of work and cost estimate does not
include testing to determine site significance.
the undeveloped portions of the
Project.
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5.3.5 Geology and Soils
This section will be based on available geotechnical studies
prepared by others for the proposed Project including the
Preliminaw Geotechnical and Preliminaw Seismicity Studies
prepared by Poseidon in 2003 and the geotechnical report that
will be prepared for the engineering alignment study currently
underway. The topography, geology, groundwater conditions,
soils characteristics and seismicity of the study area will be presented. This section will address
construction foundation considerations and earthmoving requirements for the site (to the extent these
can be determined). Grading, erosional, and hazardous waste impacts will be analyzed as required.
Mitigation measures will be included to reduce or eliminate potential effects as identified in the
analysis.
P Potential for soil contamination
on desalination plant site.
5.3.6 Hazards and Hazardous Materials
SRA has been included on our team to conduct an evaluation of
the potential for hazards associated with the transport, use, and
storage of hazardous materials to be used in conjunction with
the Seawater Desalination Project. The hazards may include
potential transportation accidents, as well as accidental releases
on site. The hazards evaluation will address the potential likelihood and consequences of accidents,
and potential mitigation measures that may be employed to reduce the likelihood and consequence of
an accident. The analysis will also include a discussion of applicable regulations designed to reduce
risks associated with transport and handling of hazardous materials.
transport and use/storage of
hazardous materials alignment.
In addition, Dudek will review the Phase I and II Environmental Site Assessments prepared for the
Encina Generating Station in 1997. The investigation will consist of a review of the Phase I and II site
assessment reports, a site reconnaissance, and a summary of the findings. Based on the site
reconnaissance and the information supplied in the site assessment reports, Dudek will review the
recommendations made in the previous reports and, if necessary, make additional recommendations
for mitigation of potential contamination.
5.3.7 Hydrology/Drainage/Water Quality
This section will include descriptions of drainage and flooding
characteristics at the study area from on-site and off-site sources
using available FEMA and local flood plain mapping and
topography from the Project site and vicinity. Surface water 9 soil erosion
quality objectives from the existing Basin Plan in the Project area
will also be identified. Dudek will identify the major surface
waters in the Project area and their beneficial uses. The effects of the Project on runoff volumes and
drainage patterns will be discussed. Potential short-term and long-term site flooding hazards and
downstream flooding, erosion, and sedimentation impacts will be evaluated. Changes in surface
water quality characteristics that could occur both during construction and over the long-term will be
discussed and quantified to the extent feasible. Measures to reduce or eliminate effects of the Project
on drainage as identified by the analysis will be discussed. Measures may include a discussion of
applicable requirements of the NPDES permit program for stormwater runoff including implementation
of Best Management Practices (BMPs), as well as measures to reduce or avoid flood hazards.
9 Sedimentation and turbidity
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Coastal Environments will review existing documents prepared previously for the Desalination Proiect
regarding hydrodynamic modeling, dispersion and dilution of concentrated seawater, extent of present
thermal plume under various tidal and weather conditions, and water quality characteristics and
toxicity of the desalination plant discharge stream. Coastal Environments will also review the NPDES
monitoring and reports completed for the power plant to gain an understanding of the present extent
of the plume and other Project-specific information. The models of discharge extent previously
completed for the desalination plant with respect to the literature reviewed and past experience will be
evaluated including:
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Assess horizontal and vertical extent of the increased salinity
Assess seasonal and temporal distribution patterns of the salinity and thermal plume
Evaluate the potential for increased concentrations of contaminants based on present levels found
in the power plant effluent and estimates from the desalination modeling and analysis
Compare estimated concentrations in the desalination effluent with California Ocean Plan
guidelines
Evaluate the likely distribution and extent of the high salinity discharge and develop predictions for
various oceanographic conditions
5.3.8 land Use and Recreation
The EIR will identify planning documents, ordinances and
policies from the cities of Carlsbad, Vista and Oceanside that
are relevant to the desalination plant site and conveyance route.
The desalination plant is part of the 670-acre Encina Specific
Plan Area (SP 144) in the City of Carlsbad. Dudek will examine
Project consistency with this and other relevant planning ~~~~l coastal program and
documents, ordinances and policies from each City and their coastal zone issues -
application to the Project. The planning documents to be coordination with the California
examined will include the Agua Hedionda Local Coastal Coastal Commission program and the General Plan and Zoning Ordinances from the
three cities, as well as other applicable regulations, ordinances and administrative policies. Existing
land uses adjacent to the desalination plant and along the proposed pipeline route will be described
in detail in the baseline section, including recreational uses around Aqua Hedionda Lagoon and
westerly on the coast; agricultural and commercial along Cannon Road; residential uses in the eastern
reaches of the proposed pipeline alignments; and open space near Maerkle Reservoir.
Construction impacts would primarily involve disruptions to land uses adjacent to the construction
zone and could involve effects such as noise and dust nuisances caused by construction, hindered
property access, and temporary restrictions on land use activities and business operations. This section
will recommend mitigation measures to address any land use impacts considered significant.
5.3.9 Noise and Vibration
Dudek will prepare a noise and vibration technical study
evaluating noise associated with the Project. Existing major noise
sources in the vicinity of the site, including stationary sources,
roadways, and the railroad, will be identified and described.
Dudek will conduct short-term noise measurements at up to five
representative noise sensitive areas. The study will evaluate
potential noise impacts associated with on-site activities pump stations.
g ~~~~-t~~~ noise impads
associated with the operation of
the plant and on-site and off-site
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associated with short-term construction, vehicular impacts as well as the proposed plant and pump
stations. Vibration impacts associated with construction activities will also be evaluated using
methodology established by the FTA. Noise and vibration impacts at the nearby noise-sensitive
receptors will be identified. This discussion will be based on available construction activity and
duration information. The relationship of Proiect-related noise and vibration levels to applicable City
of Carlsbad, City of Vista, and City of Oceanside plans and regulations will be discussed. If necessary,
mitigation measures for areas in the study area that exceed the established noise criteria will be
identified.
The Project would also generate noise off-site as a result of the proposed three off-site pump stations
as well as the construction of over 15 miles of pipeline. Noise and vibration impacts at nearby
sensitive receptors will be identified and mitigation measures identified, as necessary to comply with
local noise criteria.
is not expected to cause any effects on the surrounding roadway
network. The traffic analysis will be based on the Desalination
Plant Construction Traffic Assessment prepared by Poseidon
Resources Corporation and will evaluate temporary disruptions
of the existing circulation system in relation to the proposed
conveyance route. Potential impacts include disruption of traffic
increased truck and other construction related traffic, disruption of
residences, and impacts to evacuation or emergency response routes.
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5.3.7 0 TrafFic and Circulation
This section of the EIR will concentrate on the construction traffic
associated with implementation of the proposed Project. As
stated in the RFP, the operation phase is not labor intensive and
traffic.
Disruption of access to local
business and residences.
from lane closures, detours,
access to local business and
Measures to ensure safety and
minimize traffic impacts, such as adherence to the Caltrans Traffic Control Manual and development
of specific traffic controls plans, will be-recommended if appropriate.
5.3.7 7 Utilities ond Service Systems
Dudek will evaluate potential impacts of filter backwash solids
disposal and energy use of the desalination facility in this
section. The EIR will address two disposal methods for the solid
waste produced by the desalination process including 1) off-site
removal and landfill disposal and 2) sewer system disposal at the
Encina Wastewater Treatment Plant. Analysis of off site disposal
will include a route analysis, including frequency of vehicles used plant treatment processes and
to remove waste, and landfill capacity. Analysis of disposing the infrastructure
filter backwash into the sewer system will include affects to the p g,ffects on local energy supply
Encina Wastewater Treatment Plant. This section will also
disclose the amount of energy needed by the proposed facility as provided by the project applicant
and provide disclosure as to whether this energy requirement would affect San Diego Gas & Electricity
grid and energy supply requirements.
p g,ffeds on wastewater treatment
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5.3.7 2 Other CEQA Mandated EIR Sections
Growth Inducement
Dudek will begin this task by review the Growth Inducement
section of the City’s Program EIR for the Water Facilities Master
Plan. The EIR will summarize the discussion from the Program
EIR and if necessarv will enhance the discussion to address to a new water source
growth inducing impacts associated with implementation of the
proposed Project to comply with CEQA Guidelines Section 151 26.2(d). If needed, Dudek has water
supply engineers who could objectively review the City service area water calculations to determine if
the increase in 50 MGD of water would induce growth in the region, In addition, this section will look
at the growth inducing potential of oversizing the distribution system to accommodate the possibility of
expanding the desalination plant to 100 MGD. Growth inducement discussions will also consider
issues raised by the CCC related to the proposed Huntington Beach desalinization plant.
Alternatives
The EIR will address a reasonable range of Project alternatives that could feasibly attain the basic
objectives of the Seawater Desalination Project. The basis for this section will be the City approved
alternative description from Task 2 above. The Project alternatives to be considered include the No-
Project alternative, 25 MGD Project Alternative, 1 00 MGD Project Alternative, the Alternative Projeci
Site, and the Alternative Offsite Pipeline and Pump Station Plan as described in the RFP. The
Alternatives discussion will include a comparative analysis of the various Project alternatives in relation
to the proposed Project. The analysis will include a quantitative analysis of effects, where appropriate.
If determined appropriate in discussion of scoping issues with City staff, this section will also analyze
alternatives related to water supply and demand such as water conservation or recycled water
5.4 Screencheck Draft EIR
Dudek will prepare a Screencheck Draft of the EIR for review by City staff. It is anticipated, for
purposes of cost estimation, that there will be three rounds of review for the Draft EIR prior to release
for public review.
Deliverable Products:
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Fifteen (1 5) copies of the first Screencheck Draft EIR.
Fifteen (15) copies of the second and third Screencheck Draft EIR; including Appendices and
Exhibits.
5.5 Mitigation Monitoring and Reporting Program and Candidate CEQA Findings of Fact
Dudek will prepare the Mitigation Monitoring and Reporting Program (MMRP) for adoption by the City
Council and will include monitoring team qualifications, specific monitoring activities, a reporting
system and criteria for evaluating the success of the mitigation measures. Mitigation measures
contained in the EIR will be developed in consideration of future monitoring requirements and will be
written in sufficient detail to address impacts at the Project level, referencing the appropriate
implementing permits such as grading permits, final maps, and landscape plans.
Candidate CEQA Findings of Fact will be prepared for submittal to the City. The CEQA findings will
specify which mitigation measures have been incorporated into the Project, as well as those feasible
mitigation measures that have not been incorporated and explain why they have been found to be
infeasible. The findings will also identify feasible alternatives that could reduce adverse Project impacts
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but that are not being adopted and will provide specific considerations as to why the alternatives are
infeasible. The findings shall also identify any changes or alterations that are within the jurisdiction of
another public agency. If applicable, a Statement of Overriding Considerations shall be prepared.
The findings will follow the format and style required by the City.
If the City elects to approve the proposed Project, Dudek will prepare a Notice of Determination
(NOD) for City review and approval to be filed with the County Clerk's office within five days of
Project approval.
Deliverable Products:
Note: MMRP will be submitted with Draft EIR and Final EIR submittals.
Fifteen (15)
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copies of the Screencheck Findings of Fact and Statement of Overriding
Considerations (if applicable) will be submitted with Screencheck Final EIR Submittals;
Twenty-five (25) copies of the approved Findings of Fact, Statement of Overriding Considerations
(if applicable);
Fifteen (1 5) copies of approved NOD. 0
5.6 Draft EIR
Upon final acceptance by City staff, a public-review Draft EIR will be prepared. At the completion of
the Draft EIR preparation stage, Dudek will prepare a Notice of Completion (NOC) for City review
and approval in the form of the most recently updated CEQA Guidelines (January 2003). Upon
approval, the NOC will be sent with 15 copies of the Draft EIR to the State Clearinghouse.
Deliverable Products:
0 Seventy-six (76) copies of the approved Draft EIR, including Appendices, Exhibits and Mitigation
Monitoring and Reporting Program, as follows:
o Twenty-five (25) copies shall be in 3-ring loose leaf binders;
o Twenty-five (25) shall be spiral bound copies;
o Twenty-five (25) shall be electronic CD copies, and;
o One (1) reproducible master unbound copy of the Draft EIR, including Appendices and
Exhibits suitable for reproduction; and
An additional ten (10) copies, five spiral bound and five in 3-ring binders shall be provided to
Poseidon Resources and Cabrillo Power.
An additional twenty-five (25) electronic CDs will be prepared and mailed to agencies and
interested parties.
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5.7 Final EIR
Dudek and its subconsultants will respond to public comments on the Draft EIR, provide Responses to
Comments and revisions to the Draft EIR text. For purposes of cost estimation, it is assumed that
Dudek will respond to up to one hundred (100) substantive public comments on the Draft EIR (note
that a single comment letter may contain multiple comments). It is anticipated, for purposes of cost
estimation, that there will be three rounds of review for the Final EIR.
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Deliverable Products:
Screencheck Final EIR
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Fifteen (1 5) copies of the first Screencheck Final EIR (response to comments only);
Fifteen (1 5) copies of the second Screencheck Final EIR;
Fifteen (15) copies of third Screencheck Final EIR including Appendices and Exhibits, and a
Mitigation Monitoring Report.
Final EIR
0 Seventy-six (76) copies of the approved Final EIR, including Appendices, Exhibits, and Mitigation
Monitoring Program as follows:
o Twenty-five (25) copies shall be in 3-ring loose leaf binders;
o Twenty-five (25) spiral bound copies of the approved Final EIR, including Appendices and
Exhibits;
o Twenty-five (25) electronic CD copies of the approved Final EIR, including Appendices and
Exhibits;
o One (1) reproducible master unbound copy of the Draft EIR, Appendices and Exhibits suitable
for reproduction; and
An additional ten (1 0) copies, five spiral bound and five in 3-ring binders shall be provided to
Poseidon Resources and Cabrillo Power.
An additional twenty-five (25) electronic CDs will be prepared and mailed to commenting public
agencies and interested parties.
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Task 6: Project Management
The Project Manager will serve as the Project team’s principal point-of-contact with the City Project
management and staff, and be responsible for responding to inquiries and providing environmental
services required in support of EIR preparation. Specifically, the Project Manager will have the
following duties and responsibilities:
0 Responsible for providing response to City inquiries;
0 Allocation of staff resources, establishment of budget and schedule milestones, and assessment of
progress during the course of work;
0 Supervise and coordinate activities of environmental personnel, including protocols established by
the City for field work and communication that will be adhered to;
0 Oversee the preparation of all required environmental documentation;
0 Prepare monthly reports to inform the City’s Project Manager of the progress in the previous
month, planned activities for the next month, coordination issues, budget and schedule and other
information as required;
c1 Document all contacts including persons, date, location, meeting subiect, and results;
0 Provide quality assurance for all deliverables;
0 Attend bi-weekly and all public scoping meetings and hearings and Project team meetings. ‘See
Task 7 below for number of meetings; and
0 Give presentations to the Planning Commission and City Council regarding the EIR
Task 7: Meetings and Hearings
Dudek and the appropriate subconsultants will attend Project meetings and hearings. For cost
estimation purposes, the following meetings have been assumed. Additional meetings beyond those
listed would be provided under a separate scope of work on a time and materials basis, with prior
authorization from the City Project Manager. Dudek will prepare meeting minutes of each meeting for
approval by the City.
0 One (1) Project initiation meeting with the City and Project participants;
R One (1) agency issues meeting;
0 One (1) public scoping meeting
CI Two (2) meetings with City staff to discuss project issues regarding preparation of the screencheck
draft
0 One (1) meeting with City staff to review comments on the screencheck draft
CI One(1) public informational meeting two weeks after draft EIR is publicly released
0 Two (2) meetings with City staff to review draft final EIR including responses to comments and;
0 Up to five (5) public hearings with presentations as necessary as determined by City staff.
4.3 SCHEDULE
The schedule outlined below has been developed to meet the schedule requested by the City for the
Desalination Project EIR. Dudek commits to meeting the schedule outlined below, provided that
Project information and City review turnaround times meet the schedule milestones. Dudek is
prepared to begin work immediately upon receipt of a notice to proceed and we have the staff
immediately available to commit to this Project. The schedule assumes that the study area defined in
the EIR will encompass the alignment routes analyzed in the engineering study currently underway for
the conveyance system.
2004
Carlsbad Seawater Desalination
Project Schedule
PmJect Startup and lnltlrtkn (Usnrc 2/16/04)
Pmject lkrcriptlon and Aitmattvea Summary (NO4 - 2/23/04)
lnltlal Study Rwkw (2113104 - 2/23/04)
First AdmlnistmUve EIR (2123104 -4/18104)
Second Admlnlstntive EIR (SnW - SIZIIM)
Public 8~0phg and NOP (uzslo4 - 3126/04)
City RW&W (UIBM4 - W/M)
city Review (WIM - 5/28/04)
DnR EIR (y28104 - 6/1/04)
45- Publlc Review (Sn/OC 7hW)
R~p0~tocOMnenb(7/lSI(W-8123/043
Clty Rcvkw (arwclil- 1u10104)
Final EIR and FlndingrlMMRP (S!lOm4 - 9/27/04)
Planning Co+tunbbn Approval of Flnal EIR (10127/04)
Final EIR Cded by City Councll(12i7M4) + = milestones
'eb I Mar I Apr I May I Jun I Jul I Aug I Sep I Oct I Nov I Dec
k4$ica to Proceed - MI04
Kbaff Meeting - 2/9/04
Planning Commission Appnwal of Final EIR 10127104
City Counal Certificalion of Final EIR 12/7/04
NOD-lZ88104
t AssocIATEs, INC.
~hr~c-*nisocp 203248-300
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1 SECTION 5 PROJECT ORGANIZATION AND KEY
PERSONNEL J PROJECT ORGANlZATl ON
1 The proposed Project team organization for the City's Desalination Project is illustrated in Figure 2.
Table 2 summarizes individual team member qualifications that will have a major commitment to this
assignment. J FIGURE 2
1 I I I
1 I - 1 June Collins, A.I.C.P. I I' Joe Monaco, A.1.C.P 1
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Jim Turpin, P.E. I 1 Anita Hayworth, R.D.
Brock Ortega, B.S.
Shem Miller, M.S.
Mark Elvin, M.S.
John Porteous, C E P
Shawn Shamlou, M A
Andrew Gamer, M.S
Sarah Lozano, M R P
Jan Dnscoll, Counsel
Allen Mafffins Leck Gamble
and Mallow, LLP
. Dennis Gallegos, B.S.
Gallegas 8 Associates 1
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Peter Quinlan, RG.
Derek Reed, P.E.
Jean Nichols, Ph.D.
Douglas Gibson, B.S.
Coastal Environments
Moral Ecological 8
Environmental Services I Valorie Thompson, Ph.D.
Scientific Resources
Associated
c I ._..__._ ~
Mike Komula, MSc I John Porteous, C.E.P.
Andrew Gamer, M.S.
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&ASSOCIATES, INC. €+4dmdm=-f-~w-- 203248-300
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John Porteous,
C.E.P. -Task Leader,
CEQA Compliance
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Dudek will serve as the prime consultant, with Joe Monaco, AlCP serving as overall Project
Manager. To augment our team, Dudek proposes to use Valorie Thompson, Ph.D. (Scientific
Resources Associated) for air quality and public health; Jan Driscoll, Esq. (Allen Matkins Leck
Gamble and Mallory) for CEQA legal review; Dennis Lees, Ph.C. (Littoral Ecological and
Environmental Services) for marine biology, Hany Elwany, Ph.D. (Coastal Environments) for
oceanographic issues, and Dennis Gallegos (Gallegos & Associates) for cultural resources.
KEY PERSONNEL
The individuals listed in Table 2 comprise those who will be responsible for the bulk of the
work. Detailed resumes for all individuals listed in Figure 2 are provided in AppendixA of this
proposal, which provide information on each team member’s education and relevant project
experience.
TABLE 2
KEY PERSONNEL
Joe Monaco, 16 23
A.I.C.P. - Project
Manager
June Collins, 24 1
A.I.C.P. - Officer in
Charqe
1. Carlsbad Opportunistic Beach Fill
2. City of Carlsbad Water and
EIR - Project Manager
Sewer Master Plan Program EIR -
Project Director
3. Salt Creek Interceptor Sewer EIR -
Project Manager
1. Son Diego Multiple Species
Conservation Program EIR/EIS -
Proiect Manager
1. Encina Water Pollution Control
Facility Phase V Expansion,
CEQA Documentation
2. San Elijo Reclaimed Water
Distri bution/Storage System
EIR/EA - Project Manager
Road Widening and Bridge
Replacement Project EA/
Permitting - Project Manager
3. City of Carlsbad Rancho Santa FE
1. City of Carlsbad
Steve Jantz
(760) 602-2746
2. City of Carlsbad
Steve Jantz
(760) 602-2746
3. City of Chula Vista
Marilyn Ponseggi,
(61 9) 585-5707
1. City of Son Diego, Tom
Story, (61 9) 236-6568
1. Robert Helton (760)
2. San Elijo Joint Power
268-8840
Authority
Sheila Rideout
3. City of Carlsbad
Carrie Loya-Smally
(760) 602-2746
(760) 438-7755
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Shawn Shamlou -
3EQA Compliance
Sherri Miller - Task
Leader, Biology
Dennis Lees, Ph.C. -
Task Leader, Marine
Biology
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I. City of Carlsbad Water and
Sewer Master Plan Program EIR -
Project Manager
2. Pressure Control Hydroelectric
Facility EIR - Project Manager
3. Coastal Rail Trail Project for the
Cities of Oceanside, Carlsbad,
Encinitas, and Solana Beach -
Project Manager in charge of
obtaining regulatory permits for a
multi-iurisdictional recreational
facility. Permits sought include
Coastal Development Permit for
use of lands at the Agua
Hedionda Lagoon railroad
crossing, USACOE 404
nationwide permit, RWQCB 401
water quality certification, CDFG
1601 streambed alteration
agreement, and US Coast Guard
amrovals.
1. Moreno-Lakeside Pipeline EIR -
Provided biological and
permitting services.
2. San Elijo Reclaimed Water
Distribution/Storage System EIR/
EA - Provided biological and
permitting services.
3. Rancho Santa Fe Road Widening
and Bridge Replacement Project.
Provided biological and
permitting services.
1. Marine Biological Baseline
Studies of Kuwait Bay and Khor
al Sabiya - Ministry of Electricity
and Water, Kuwait - Project
manager and principal
investigator.
2. Marine Biological Baseline
Studies at Ruwais Industrial
Complex and Jebel Dhanna -
Abu Dhabi National Oil
Company -Project Manager and
principal investiqator.
1. City of Carlsbad
Steve Jantz
(760) 602-2746
2. City of Carlsbad
Kelley Gage
(858) 522-6763
3. Dokken Engineering
Kirk Bradbury
(858) 51 4-8377
1. San Diego County
Water Authority
Mary Putnam
(858) 522-6754
2. Son Elijo Joint Power
Authority
Sheila Rideout
3. City of Carlsbad
Carrie Loya-Smally
(760) 602-2746
(760) 438-7755
1. Contact information is
unavailable because of
changes in personnel
or loss of records.
2. Contact information is
unavailable because of
changes in personnel
or loss of records.
iany Elwany, Ph.D. -
rask Leader,
3ceanography
5 1. Study of Sediment Transport
Conditions in the Vicinity of Agua
Hedionda Lagoon, Carlsbad, CA -
Conducted a study to analyze
.sediment transport in the vicinity of
Agua Hedionda Lagoon.
2. Restoration of Son Elijo Lagoon,
San Diego, CA - Identified
potential wetland restoration
projects for the lagoon to satisfy
the CCC permit requirements.
3. Dilution and Impacts of Ocean
Discharges at Abu Soma, Egypt -
Preliminary Report on the Potential
Environmental Impacts of the
Discharge from a Reverse Osmosis
Desalination Plant into the Red Sec
at Abu Soma.
1. California Coastal
Commission
Ms. Sherilyn Sarb
61 9-767-2370
2. Southern California
Edison
Mr. Samir Tanious
626-302-9725
3780 Kilroy Airport
Way, Long Beach, CA
90806
3. Noell, Inc
As project manager, Joe Monaco will serve as the teamrs principal point-of-contact to the City's
project management and staff, and will be responsible for providing environmental services required
in support of preparing the EIR. Mr. Monaco will be directly responsible for assigning the appropriate
team members and resources to deliver required environmental support services to the City. He will
also oversee production of deliverables, including quality assurance (QA) and peer review for all
products submitted to the City; will develop Project work plans; manage field staff and resources;
preside over biweekly meetings; communicate and coordinate with the project team and the City;
manage costs and schedules; and oversee all subcontractors.
The project manager and management team was selected from a core group of senior planners/local
specialists committed to this assignment. Also available to our core team are Dudek's total local
resources of over 120 personnel.
Q Ass4xIAm INC.
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SECTION 6 FEE SCHEDULE
June Collins - Principal $1 70.00/hr
Joe Monaco - Senior Project Manager/Specialist $1 45.00/hr
John Porteous - Senior Project Manager/Specialist $1 45.00/hr
Sherri Miller - Environmental Specialist/Planner V $1 25.00/hr
Anita Hayworth - Environmental Specialist/Planner V $1 25.00/hr
Mark Elvin - Environmental Specialist/Planner IV $1 15.00/hr
Brock Ortega - Environmental Specialist/Planner IV $1 15.00/hr
Shawn Shamlou - Environmental Specialist/Planner IV $1 15.00/hr
Vipul Joshi - Environmental Specialist/Planner Ill $1 1 O.OO/hr
Mike Komula - Environmental Specialist/Planner Ill $1 1 O.OO/hr
Andrew Garner - Environmental Specialist/Planner I $85.00/hr
Steve Deering - Principal Engineer $1 50.00/hr
Jim Turpin - Associate Engineer $1 15.00/hr
Peter Quinlan - Principal $1 70.00/hr
Derek Reed - Senior Hydrogeologist/Project Manager $1 40.00/hr
Tim Walsh - GIS Specialist I $8 5.OO/h r
Computer Processing $65 .OO/hr
Clerical Administration $60.00/hr
In-House Reproduction Services
0.1 0 cents per page black and white, 8% x 1 1 and 1 1 x 17
0.50 cents per page color, 8’h x 11
0.65 cents per page color, 1 1 x 17
Material and Outside Services - rental of special equipment, special reproductions and blueprinting,
outside data processing and computer services, etc., are charged at 1.1 5 times the direct cost.
Travel Expenses - Mileage at 36.0 cents per mile. Per diem where overnight stay is involved is
charged at cost.
Notes: Valid through December 31, 2004. Maximum annual increases will be based on cost of
living increases. Any additional services will be provided on a time and materials basis per the rates
listed above.
SECTION 7 COMMENTS ON STANDARD EIR AGREEMENT
Frank Dudek, President of Dudek, has reviewed the City of Carlsbad Standard EIR Consultant
Contract. Dudek is in agreement with the requirements of the standard contract terms and conditions
and looks forward to working with the City on this project.
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