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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 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 c 24 25 26 27 28 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*../ c.. I,- K 3 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 2 Carlsbad Seawater Desalination Project October 28,2003 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. 3 Carlsbad Seawater Desalination Project October 28,2003 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. 4 Carlsbad Seawater Desalination Project October 28,2003 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 6 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. 7 Carlsbad Seawater Desalination Project October 28,2003 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 October 28.2003 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 October 28, 2003 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 October 28, 2003 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. 12 Carlsbad Seawater Desalination Project October 28,2003 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. 13 Carlsbad Seawater Desalination Project October 28, 2003 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. 14 Carlsbad Seawater Desalination Project October 28,2003 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 I I I I I I I I I I I I I I I I I I I sal (Pa z 0- \\ E m 0) 0" 0 0 m 0 E a u) E 0 "0 F m U E 0 I m f 2 a L. Q, C C - r n 0 d - a in \ n 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 , ACCOUNT NO. DESCRIPTIO I .. , A ..: ,. . C 1 1 1 1 1 1 a 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. J J J J J J J 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 1 1 J J 1 1 1 1 J c 1 J 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 1 I 1 I J I I J I c I I I I 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 2 I 1 I I I 1 I 1 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 I 1 I--- 1 1 1 1 1 J I I I I I a 1 I I i 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 4 li J J J J J 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 5 I I I I I I I I I I I I 1 1 1 1 1 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 6 J J i J 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 9 J I J i I I 1 I I 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. 10 J J J J J J. J J J c 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 I I 1 I I I 1 I I - I 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. 1 1 1 1 1 J 1 J I J I ...- .- e- - 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. R.(trW’lkrtCogbhCn 203248-300 14 c 'If 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 r I 1 J J I 1 I 1 I 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: 0 0 0 0 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 J J 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. p 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 17 1 J 1 J 1 1 1 1 J 1 1 J 1. 1 1 L 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: 0 0 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 18 1 J J 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) 0 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. 0 0 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. 1 J J J 1 1 1 1 I J 1 J ” .- Deliverable Products: Screencheck Final EIR 0 0 0 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. 0 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 21 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 J 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 I 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. I I &ASSOCIATES, INC. €+4dmdm=-f-~w-- 203248-300 22 J John Porteous, C.E.P. -Task Leader, CEQA Compliance J 21 2 I I J J 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 1 J J 1 J 1 J 1 J J J J 1 1 J J 1 1 1 Shawn Shamlou - 3EQA Compliance Sherri Miller - Task Leader, Biology Dennis Lees, Ph.C. - Task Leader, Marine Biology - I - =.- lo 9 35 9 1 4 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. Rllluu-fEC-#-Rlrtl 203248-300 25 J c J J 1 1 J -- I J 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. e I