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HomeMy WebLinkAbout2005-04-05; City Council; 18065; Drainage Master Plan Update, Fee Study & EIR4B# 18,065 JITG. 4/5/05 IEPT. ENG CITY OF CARLSBAD - AGENDA BILL TITLE: APPROVING A CONSULTANT AGREEMENT FOR PREPARATION OF THE DRAINAGE MASTER PLAN UPDATE, PLANNED LOCAL DRAINAGE FEE STUDY, AND PROGRAM ENVIRONMENTAL IMPACT REPORT PROJECT NO. 3872 CITY MGR.$Z RECOMMENDED ACTION: Adopt Resolution No. 2005-103 approving a consultant agreement with Brown and Caldwell Engineers for preparation of the Drainage Master Plan Update, Planned Local Drainage Fee Study, and Program Environmental Impact Report, Project No. 3872. ITEM EXPLANATION: The current Carlsbad Drainage Master Plan was approved by the City of Carlsbad Council in March 1994 and re-approved in 1996 to incorporate minor amendments. The main objectives of the Drainage Master Plan are to assess existing storm drain infrastructure, identify anticipated storm drain facilities needed to accommodate flows from future development in Carlsbad, and develop a funding mechanism to ensure the construction of drainage facilities under the Drainage Master Plan. The Drainage Master Plan and associated documents form the basis of the City’s Planned Local Drainage Area (PLDA) fee program. The PLDA fees apply to new development and redevelopmenthemodels (where the building footprint increases by at least 50%). The fee structure is based upon general plan land use designation and developable acreage, and is payable at time of final map approval, building permit or grading permit, whichever occurs first. Developers are eligible for fee credits and/or reimbursement for the cost to construct master planned facilities. The fee credit and/or reimbursable amount are capped at the value of the cost estimated in the Drainage Master Plan report plus an ENR cost index inflator. Developers may receive reimbursement for costs that exceed the estimated cost (plus inflator) only upon the updating of the Drainage Master Plan and PLDA fee program. The City has one such request pending at this time and is anticipating additional reimbursement requests. Pursuant to Carlsbad Municipal Code Section 3.28.070, the Engineering Department requested Statement of Qualifications from nine (9) engineering firms experienced in developing citywide drainage master plans. Staff received Statement of Qualifications from four (4) consulting firms for the preparation of a Drainage Master Plan Update, PLDA Fee Report, and Program Environmental Impact Report. After review by a consultant selection committee, the firm of Brown and Caldwell as chosen as possessing the best qualifications to complete the master plan. Staff, with assistance of the consultant, finalized the scope of work and negotiated a cost to complete the identified tasks. Staff is recommending the Council approve a contract with Brown and Caldwell for the preparation of the Drainage Master Plan Update, Planned Local Drainage Area Fee Study, and Program Environmental Impact Report. ENVIRONMENTAL REVIEW: The proposed project requires the preparation of a Program Environmental Impact Report (Program EIR) pursuant to Section 151 68 of the California Environmental Quality Act (CEQA). I Page 2 of Agenda Bill No. 18,065 Administration TOTAL PROJECT COST ORIGINAL APPROPRIATION REQUESTED ADDITIONAL APPROPRIATION FISCAL IMPACT: 50,000 $454,933 $254,000 $200,933 To date, $254,000 has been appropriated for the development of the Carlsbad Drainage Master Plan Update. Since the original appropriation, $64,000 has been expended on preliminary drainage studies and the preparation of an update to the residential and non-residential growth projections. The contract with Brown and Caldwell is negotiated for the amount of $340,933. A breakdown of costs are shown below: DRAINAGE MASTER PLAN UPDATE - PROJECT NO. 3872 PROJECT COSTS: Preliminary Studies Determine Facility Needs Prepare Revised Drainage Master Plan Develop Facility Cost Estimates Develop Planned Local Drainage Area Fee Program Assess Storm Water Quality Requirements Prepare Program Environmental Impact Report Contingency Project Management & Meetings $64,000 20,100 52,568 42,292 37,702 16,796 11 5,358 44,470 1 1,647 Staff is recommending the Council appropriate additional Planned Local Drainage Area Fees in the amount of $200,933 to cover the cost of the consultant agreement and staff administration. EXHIBITS: 1. Resolution No. 2005-1 03 approving a consultant agreement with Brown and Caldwell for preparation of the Drainage Master Plan Update, Planned Local Drainage Fee Study, and Program Environmental Impact Report, Project No. 3872. 2. Consultant agreement with Brown and Caldwell. DEPARTMENT CONTACT: Steven Jantz, (760) 602-2738, siant @ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH BROWN AND CALDWELL FOR PREPARATION OF THE DRAINAGE MASTER PLAN UPDATE, PLANNED LOCAL DRAINAGE FEE STUDY, AND PROGRAM ENVIRONMENTAL IMPACT REPORT - PROJECT NO. 3872. WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds for the Drainage Master Plan Update project; and WHEREAS, Statements of Qualifications were solicited to prepare a Drainage Master Plan Update from qualified engineering firms; and WHEREAS, Brown and Caldwell was selected as the most qualified to prepare the Drainage Master Plan Update; and WHEREAS, Brown and Caldwell is the most qualified to complete the engineering, financial, and environmental studies necessary for implementation of the Drainage Master Plan Update, Planned Local Drainage Fee Study, and Program Environmental Impact Report for a fee Df $340,933; and WHEREAS, $254,000 Planned Local Drainage Area funds were previously appropriated in the FY 02/03 Capital Improvement Program; and WHEREAS, additional Planned Local Drainage Areas fees in the amount of $200,933 is qeeded to fund the costs to the Drainage Master Plan Update, Local Drainage Area Fee Study, and Program Environmental Impact Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Salifornia, as follows: 1. 2. That the above recitations are true and correct. That a consultant agreement with Brown and Caldwell for the preparation of the 3rainage Master Plan Update, Planned Local Drainage Fee Study, and Program Environmental mpact Report for Project No. 3872, as described in the attached agreement, is hereby approved and the Mayor is hereby authorized and directed to execute said agreement. Yl Yl 71 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the City Council authorizes the appropriation of Planned Local Drainage Area 'ees in the amount of $200,933. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 5th day of APRIL , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose 4TTEST: (SEAL) PWENG461 AGREEMENT FOR PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF THE CITY OF CARLSBAD DRAINAGE MASTER PLAN UPDATE (BROWN AND CALDWELL) THIS AGREEMENT is made and entered into as of the l276t day of , 2005, by and between the CITY OF CARLSBAD, a municipal corporhtion, ("City"), and BROWN AND CALDWELL, a private employee owned company ("Contractor"). - RECITALS A. City requires the professional services of an environmental engineering, planning and construction firm experienced in the preparation of technical hydrology studies, cost estimating, and environmental review processing in order to complete the City of Carlsbad Drainage Master Plan Update. B. Contractor has the necessary experience in providing professional services and advice related to technical hydrology studies, cost estimating, and environmental review processing. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional year period or parts thereof in an amount not to exceed eighty thousand dollars ($80,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #04.01.02 1 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will three hundred forty thousand nine hundred thirty three dollars ($340,933). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version #04.01.02 2 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VI'. 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv 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 will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #04.01.02 3 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01.02 4 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant’ to this Agreement-is the property of City. In the -event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name David Hauser Name Christian Herencia, P.E. Title Deputy City Engineer Title Supervising Engineer Dept Engineering City of Carlsbad Address 1635 Faraday Avenue Address 9665 Chesapeake Drive, Suite 201 Phone No. (760) 602-2739 Phone No. (858) 51 4-8822 Brown and Caldwell Carlsbad, CA 92008 San Diego, CA 92123 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04.01.02 5 Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an afFidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01.02 6 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #04.01.02 7 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #04.01.02 a 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal BROWN AND CALDWELL, a private employee owned company *By:- (sign here) J‘ (print namekitle) (e-zail address) (sign here) /.~*;c~~&~s~~PJAc~/&. rt% **By: City Clerk (print namekitle) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(@ signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: L beputy City Attbrney City Attorney Approved Version #04.01.02 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } ss. State of California County of San Dieno On &,bLta,-q63=before me, personally appeared Barbara K. Farkas, Notary Public Date Uieobwo, Name@) of Signer(s)--' 0 personally known to me broved to me on the basis of satisfactory evidence I 5 acted, executed the instrument. Place Notary Seal Above OPTlONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of form to another document. c-c;; Q&*4/ %f25 Description of Attached Title or Type of Document: Document Date. Signer(s) Other Than Named Above. Number of Pages- In - - Capacity(ies) Claimed by igner 0 Individual 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator Signer@) Name: &A&( W. UienLt Ilt;YCorporate Officer - Title(s): Pfl5rDh+ 0 Other: I I Signer is Representing: 1999 Nalional Notary Association 9350 De Solo Avs.. P.O. Box 2402 Chabworth, CA 91313-2402. www.nalionalnolary.org Prod. No. 5907 Reorder: Call Toll-Frw .1-800-876-6817 EXHIBIT “A” SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version #04.01.02 10 9665 Chesapeake Drive, Suite 201 San Diego, California 92123 Tel: (858) 514-8822 Fax: (858) 514-8833 www.brownandcaldwell.com February 7,2005 City of Carlsbad Public Works - Engineering 1635 Faraday Avenue Carlsbad, California 92008 071081-01 1 Attention: Mr. Steven C. Jantz, Associate Engineer Subject: Scope of Work and Fee Estimate City of Carlsbad Drainage Master Plan Carlsbad, California Dear Mr. Jantz: In accordance with your request, Brown and Caldwell (BC) is pleased to submit this Scope of Work and Fee Estimate for the City of Carlsbad Drainage Master Plan. BC proposes to complete the project, as described in the enclosed scope of work, on a time and materials basis for an amount not to exceed $340,933. If you have any questions, please contact Chris Herencia at (858) 514-8822. Thank you for your time and attention. Very truly yours, BROWN AND CALDWELL Christian Herencia, P.E. Program Manager Michael W. Nienberg, DrP Vice President Enclosures: Scope of Work and Fee Estimate cc: Victor Occiano, BC San Diego Nancy Gardmer, BC San Diego Maria Molloy, BC Walnut Creek Accounting, BC San Diego SCOPE OF WORK AND FEE ESTIMATE City of Carlsbad DRAINAGE MASTER PLAN UPDATE BACKGROUND The current Carlsbad Drainage Master Plan was approved by the City of Carlsbad (City) Council in March 1994 and re-approved in 1996 to incorporate minor amendments. The Drainage Master Plan (DMP) includes seven chapters consisting of an executive summary, and chapters discussing Planning Area Characteris tics, Methodology, Financing, Storm Water Quality Management Program, Cost Estimates and Summary of Field Investigations. The main objectives of the document are to assess existing storm drain infrastructure, identify anticipated storm drain facilities needed to accommodate flows from future development in Carlsbad, and develop a funding mechanism to ensure the construction of drainage facilities under the DMP. The DMP and associated documents form the basis of the City's Planned Local Drainage Area (PLDA) fee program. Under the fee program, the City was divided into four planned local drainage areas corresponding to the four major drainage basins that transect the City. The PLDA fees apply to new development and redevelopment/remodels (where the building footprint increases by at least 50%). The fee structure is based upon general plan land use designation and developable acreage, and is payable at time of final map approval, building permit or grading permit, whchever occurs first. Developers are eligible for fee credits and/or reimbursement for the cost to construct master planned facilities. The fee credit and/or reimbursable amount are capped at the value of the cost estimated in the DMP report plus an ENR cost index inflator. Developers may receive reimbursement for costs that exceed the estimated cost (plus inflator) only upon the updating of the DMP and PLDA fee program. The City has one such request pendmg at this time and is anticipating additional reimbursement requests. The City advertised for assistance with revising the existing DMP, analyzing and developing a revised PLDA fee program, and producing a program environmental impart repot (PEIR). Brown Page 1 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 and Caldwell (BC) was selected amongst several caddates to assist the City with the project. In essence, the project covers the following elements: Identification and assessment of existing storm water facilities Limited modeling of newly developed areas that were not included in the existing DMP Identification of new storm water fachties to service the newly developed areas or replacement of existing fachties to accommodate the growth Assessment and development of recommendations for the replacement and maintenance of storm water facilities Review of Storm Water Quality requirements Analysis and development of revised PLDA fee program GIS Mapping SCOPE OF WORK AND FEE ESTIMATE A detailed scope of work is provided below. The associated fee estimate is provided in the attached spreadsheet. Task 1 - Determine Facilitv Needs Subtask 1.1 - Collect and Review Existing Documents $7,304. BC wd perform an initial review of existing data/reports to determine critical data gaps. BC will review such information as the existing Drainage Master Plan, City of Carlsbad GIS Standards, GIS mapping, GPS controls, attribute methodology, drainage facility types, existing hydrologc models and historical inventory of drainage features (such as basins, flood control channels, etc.). BC will develop a list of documents required to continue with the project and forward it to the City staff for review. Subtask 1.2 - Coordination Meetings $4,280. BC will coordinate a kickoff meeting with respective City representatives to receive requested information (such as reports, other hstorical records, etc.) to discuss and gain Page 2 of 20 City of Carlsbad Drainage Master Pian Update Scope of Work and Fee Estimate February 7,2005 clarification on issues/concems determined in the initial review prior to working on the existing City of Carlsbad Drainage Master Plan mapping. Subtask 1.3 - Initial Review & Assessment $8,516. BC will conduct an initial infrastructure assessment based upon GIS information (GIs attributes such as drainage feature type, age, historical records, etc.) provided by the City. For areas that have data gaps, BC will develop a list of locations of issues/concerns or relevant information required to continue with the project and forward to the City staff for review. Upon request, BC can conduct a hted field assessment to fill data gaps such as identification of drainage features, perform limited hydrologic/hydraulic analysis for a maximum of ten (10) locations, and upon approval incorporate findings into the Drainage Master Plan. The purpose of the assessment will be to develop a plan and criteria to correct deficiencies in the Drainage Master Plan. Currently, no field time has been incorporated or budgeted for hs subtask. Task 2 - DeveloD Planned Local Drainape Area Fee Proptam The Planned Local Drainage Area (PLDA) fee program generates development-related revenues to fund storm drain infrastructure project costs. There is a unique fee for each of the four drainage areas within the City. The fees are to be updated and documented in the DMP. Developers are required to pay PLDA fees as a condition to the approval of their project. With Council approval, the developer may receive fee credits and/or reimbursements for constructing Master Plan facilities as part of their local development projects. Revisions to the existing PLDA fees will be based on assessments of existing PLDA facilities, facihties required due to infrastructure deficiencies, and addtional PLDA facilities required to accommodate new flows from future development. These calculations wdl be consistent with California Government Code Section 66000 et a1 including the Subdivision Map Act regarding planning and zoning laws and the Mitigation Fee Act (AB 1600) regardmg developer fees. City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 Subtask 2.1 - Evaluate Existing PLDA Fee Program $6,640. For each of the four PLDA areas, BC will review and analyze the current fees, particularly focusing on the basis of the current fee structures and the calculation of the loading factors used in the original calculations. The hstorical PLDA fee proceeds and the credits issued will be evaluated. Meetings and interviews with the City staff will be conducted to identify and record each group’s opinion of the pros and cons of the existing fee structure. Subtask 2.2 - Develop PLDA Fee Program Alternatives $6,240. BC will develop three alternative PLDA fees to support funding of facilities needed up to bdd-out, based on Tasks 1 and 2 findings and interviews with the City staff. One alternative will be based on the existing PLDA fee structure. The other two alternatives may include reassipg of land use types to low versus high hydraulic runoff volume areas, adding a third “medium” runoff volume area, or consolidating or expandmg the number of PLDAs. The pros and cons of each alternative will be determined and the optimum fee program will be identified. Subtask 2.3 - Develop Additional Details and Perform Sensitivity Analysis on the Recommended Alternative $9,912. Fee details will be developed and tabulated, including calculation of the unit fees and anticipated annual fee proceeds. It is anticipated that the recommended PLDA fee structure wdl be based on existing and proposed costs of drainage facilities and acreage by land use designations. A sensitivity analysis will be performed to estimate the impact of project costs and the projected intensity of build out on PLDA fees. The projected annualized fee proceeds will be contrasted with the projected annual infrastructure construction costs to identify the annual cash generation or construction cost shortfall for the drainage facility plan. Subtask 2.4 - PLDA Fee Program Technical Memorandum $7,744. The development of the recommended PLDA fee program will be documented in a technical memorandum (TM). The TM will be prepared in MS Word format and will Page 4 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 include a PLDA fees update analysis prepared in MS Excel spreadsheet format using summary tables of asset values and land use and zoning characteristics. The embedded PLDA analysis table will be constructed with open architecture and interhked with the original MS Excel spreadsheet that can be updated by the City. Some findings will be extracted from the TM for incorporation into the draft DMP update. Six (6) copies of the PLDA Fee Program TM wdl be submitted for City review. The City wdl provide written comments that will be dscussed in a comment resolution meeting. Comments received and agree upon will be incorporated into the final TM. Twelve (12) bound hardcopies, one “camera ready” loosely bound set, and one electronic copy (in MS Word format) of the final TM will be submitted. Subtask 2.5 - Meetings and Presentations $7,166. BC will attend a kickoff meeting; two meetings with key City staff to discuss the assumptions, findings and conclusions of the PLDA fees update; an EIR Scoping meeting; and one final report meeting with the City’s Engineering Leadership group. In addtion, BC will attend one City Council meeting and will participate in one public hearing on the adoption of the updated PLDA fees in conjunction with the approval of the DMP update. Data Requirements for Task 2 The City will provide the following information to facditate completion of work described under Task 2: . City Financial Reports on annual PLDA fee proceeds and fee credts for contributed drainage facdities . City Public Works Reports on annual drainage project expenditures (to compare with the annual PLDA proceeds) . Parcel Data: Summarized tables of citywide lands with the following information: PLDA assignment A - D Page 5 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 Landusetype Parcel or Polygon area Year of change (;.e. undeveloped land use to developed land use) . Land Data: Summarized tables of citywide drainage facllities with the following information: Drainage asset standard information (name, length, cost, year of service, ID, location, etc.) Recommended future assets with same standard asset information including anticipated year of service Ownership: (city, county, private party) Location: (PLDA A-D, Constrained, etc.) Task 3 - Cost Estimates BC will develop an estimate of the average annual costs for rehabilitation and replacement of the drainage facilities anticipated at bdd out. Ths estimate wdl be based on the estimated annual depreciation of the drainage assets at their current replacement costs. This information wlll be combined with estimates of annual O&M costs for the facilities as developed in another task to estimate the sustained annual cost of providing citywide drainage services. Subtask 3.1 - Estimate Capital Costs of Recommended Alternative $11,128. BC will provide technical support on an as needed basis for the development and generation of the infrastructure replacement criteria to City representatives prior to generation of estimates for replacement costs. BC will generate estimates based on replacement costs, and rehabilitation costs to determine the best cost alternative to maintain the City infrastructure. An Infrastructure Life Expectancy Report wlll be generated to capture assumptions, expected life of existing major culverts inventoried and will suggest what portions of existing infrastructure is worth rehabilitating. Information for these capital costs will be compared to other typical cities to determine reasonableness and validity of information. Page 6 of 20 Subtask 3.2 - Estimate Operation and Maintenance Costs $17,152. BC will identify and outline a model maintenance program that is in accord with, or has been certified by, or has written agreements with regulatory agencies that meet operational and maintenance conditions of the general permit requirements. BC will coordinate and further defrne the approach with the City prior to conducting research, development of general criteria and laying out a process for tracking maintenance costs, general maintenance activities to support tracking, and guidelines for an inspection program. BC wdl project estimates based on maintenance, operational protocols and procedures, hstorical replacement and repair records for drainage features, historical maintenance practices on existing drainage features (such as basins, flood control channels, etc.). General criteria for the routine maintenance of basins that meets regulatory compliance will also be identified. Coastal cities that perform under operational and maintenance agreements with regulatory agencies will be surveyed. The acquired information for projected capital costs will be compared to other typical coastal cities to determine reasonableness and validq of information. A Maintenance Cost Analysis Report will be generated to capture assumptions; determine expected labor cost to maintain and operate existing major drainage features inventoried; and suggest areas where efforts may be focused to maintain existing infrastructure. Subtask 3.3 - Prepare Cost Estimate Report $14,012. BC will prepare a Cost Estimate report identifying areas of unusual or recurring expenses; cost savings measures on maintenance and operational protocols and procedures; future costs associated with replacement and rehabilitation for existing; and proposed drainage features (such as basins, flood control channels, etc.). Page 7 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 Task 4 - Prepare Revised DrainaEe Master Plan BC will assemble the findings and estimates performed under Tasks 1 to 3 to prepare a comprehensive update of the City’s Drainage Master Plan. Subtask 4.1 - Prepare Revised Drainage Master Plan $18,164. The updated DMl’ will include, at a minimum, the following elements: . Review and analysis of existing storm water facdities Discussion of the results of the limited hydrology/hydraulic studies Identification of new and/or needed refurbishment of existing storm water facilities Development of PLDA fee program that incorporates Task 1 and 3 findings Preparation of new and/or updated Engineer’s opinion of probable design, construction, ROW acquisition, environmental mi%ation and administrative costs for future planned facilities Subtask 4.2 - Revisions, Meetings and Presentations $11,208. BC will submit five (5) copies of a draft updated DMP for City’s review. The City will provide written comments to the updated DMP which will be discussed in a comment resolution meeting to be held at the City. Resolutions shall be incorporated and a final updated DMP submitted to the City within two weeks of the comment resolution meeting with the City. BC will submit twelve (12) bound copies of the final update DMP, one camera ready loosely bound original, and one electronic copy. The TMs shall be prepared in MS Word format. Subtask 4.3 - Perform Limited Hydrologic/Hydraulic Studies $23,196. BC will develop a hydrologic/hydraulic model for the purposes of conducting lunited studies to assess infrastructure capacity. In addition, BC will prepare limited hydrology/hydraulic studies addressing areas of special need in areas where existing and planned development activities differ from the prior Drainage Master Plan assumptions. BC will gather existing Page 8 of 20 topographic and watershed mapping that extends beyond the City boundaries, gather existing topographic and watershed mapping within the City (GIs based files provided by the City of Carlsbad), review drainage system attributes, and conduct lunited analysis of existing storm drain facilities to test valilty of existing drainage infrastructure and mapping. BC will also gather proposed topographic and watershed mapping withm the City for new developments from the Planning Department (GIs based files provided by the City of Carlsbad), review proposed drainage system capacity and downstream effects to existing infrastructure, incorporate new attributes to lstinguish between old fee structure and new fee structure, and conduct a hted analysis of proposed storm drain facihties to test the validity of proposed drainage infrastructure and mapping. While conducting the limited hydrology/hydraulic stules, BC wdl identify deficiencies in existing as well as in proposed infrastructure and incorporate such facilities into the overall Drainage Master Plan. It is assumed that all planned development drainage maps will be provided in GIS format. In addition, all drainage modeling will be conducted utilizing a HEC-US graphical model (or equivalent) for watershed analysis. Task 5 - PreDare Promam Environmental Impact Report A Program Environmental Impact Report (PEIR) will be prepared to assess the potential impacts associated with implementation of the updated DMP. Program EIRs, as defmed by the California Environmental Quality Act (CEQA) (California Code Regs. Title 14, 515168), can be used as the basic, general environmental assessment for an overall program of projects that will be implemented through a series of groups of later actions. To assure CEQA compliance, the PEIR needs to include all content requirements normally included in a Project EIR, although the level of detail will be more general in nature in the PEIR, as compared to the Project EIR. The benefit of selecting the PEIR is that it can be used as a tiering document to facilitate preparation of environmental documentation for City Council to consider individual CIP projects as they arise for final CEQA compliance in accordance with the CIP project implementation schedule. Environmental documentation for some of these future CIP projects may require an EIR, while others, depending on the level of potential impact, may be satisfied with a Negative Declaration or a Mitigated Negative Declaration. Page 9 of 20 Preparation of an Initial Study will provide guidance concerning the level of potential impact and the appropriate type of environmental document needed to evaluate a specific CIP project. The BC team assumes that at this programmatic level of analysis, no type of federal action is required and therefore, no NEPA compliance is required. However, it is possible that certain activities or circumstances related to the further planning and proposed implementation of one or more of the specific projects may contain elements that require NEPA compliance such as the use of federal land, use of federal funding, or impacts to wetlands such that an Individual 404@)(1) permit is required. Thus, in certain instances, NEPA would apply and the City would have to factor NEPA compliance into plans for project approval. Overall, NEPA would be accounted for on a project-by-project basis. Regardless, the PEIR can be used as a source document for NEPA as well as a tiering document under CEQA. Due to the accelerated nature of the project schedule, the BC team will work closely with the City on various elements of the DMP. The elements identified in the Drainage Master Plan wdl define the project description and is the basis of the environmental analysis. The BC team will also work with the City during preparation of the project description. As clarified at the kickoff meeting, the study area to be analyzed in the PEIR includes the jurisdictional boundaries for the City as defrned in the General Plan and consists of four major hydrologic basins: (1) Buena Vista Creek Basin, (2) Agua Hedionda Creek Basin, (3) Encinas Creek Basin, and (4) San Marcos Creek Bain. It is anticipated that various fachties wdl be identified in the updated DMP, including new pipehes and drainage structures and improvements to existing storm drain facilities. Subtasks that focus on specifically designed sets of activities are described below. These activities begm with two important initial activities (Subtask 5.1), followed by the collection of geographically and topically relevant data (Subtask 5.2), and then the preparation of the environmental document (Subtasks 5.3 through 5.8). The final subtask (Subtask 5.9) includes project management activities specific to Task 5. Page 10 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 Subtask 5.1 - Start-up Activities $13,793. 5.1.1 Data Collection Information will be collected from various data sources to provide a regional characterization of the environmental setting for the drainage basin area and the associated drainage components. According to the City, the following documents will be made avadable to the project team: . . . Carlsbad Oaks North 9 Agua Hedionda LEAD Program . . . Rancho Carlsbad Mobile Home project Cannon Road / Raceway project City of Carlsbad General Plan + EIR City of Carlsbad Habitat Management Plan Other approved land use project Environmental Reports The BC team will also obtain the GIS-based vegetation layers from the City (assume this is proprietary information to be used for project purposes only). BC’s subconsultant, EDAW, Inc. (EDAW), currently has access to relevant data resources acquired through SANGIS and SANDAG, and these data will be drawn upon to supplement data provided by the City. In addtion, the project team will use other regional databases, such as the Natural Diversity Data Base (NDDB) and cultural resource records available through the two local clearinghouses, to develop a regional environmental setting and to help define the local settings at certain project sites, as required. The following is a description of the data sources to be used to provide regonal characterizations for each of the CEQA issues to be assessed in the PEIR. Biological Resources - Information for biological resources would be derived from regonal vegetation and species mapping including the Carlsbad Habitat Management Plan (HMP) (City of Carlsbad 1999). In addition, multiple databases would be used to Page 11 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 determine biological resources of the study area, including the California Natural Diversity Database (CNDDB), U.S. Fish and Wildlife Designated Critical Habitat, and the National Wetland Inventory. Applicable local ordinances, such as Resource Protection and Biological Mitigation ordinances, would also be referenced. . Cultural Resources - Regional cultural resource information will be derived from archival research consisting of an archaeological and historical records and literature review. This will provide background on the types of sites that would be expected in the region. The review will include examination of the archives at the South Coastal Information Center at San Diego State University and the San Diego Museum of Man. . Land Use - General Plans, zoning ordinances, and other planning documents for the City will be used to determine land use compatibihty and other land use related issues. . Water Resources - The best and condensed source of regional water resources and water quality information is through Project Clean Water, whch provides regional watershed management planning and information resources. The Watershed Urban Runoff Management Plan (WURMP) for each watershed in the study area that are Qsseminated through the website would be referenced for information such as sensitive waters, predicted growth, pollutants of concern, resources requiring protection, and other water resource issues. These plans are developed by local municipalities in concert with the Regional Water Quality Control Board. The plans address all current regulatory compliance needs, as well as holistic approaches to improving water quality. Other reference documents will include the City’s General Plan (1994) and the General Plan Master EIR (1 994) and Jurisdictional Urban Runoff Management Plan. . Traffic and Transportation - Data to characterize existing and future traffic volumes in the study area and condltion of existing roadways wlll be gathered from the City’s traffic engineering department and if appropriate, SANDAG’s travel demand forecasting model and regional growth projections. Page 12 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 . Noise - Noise in the San Diego region is typically generated by transportation sources; therefore, it will be appropriate to utilize SANDAG‘s traffic forecast to project regional transportation related noise levels. The updated Drainage Master Plan would be used to determine potential noise generating facilities that may be constructed. Applicable planning documents, such as the Noise Element of the City’s General Plan and the noise guidelines manual will be used to determine the allowable noise huts of particular areas. Noise sensitive land uses will also be identified, includmg hospitals, schools, churches, and elder care facilities. Air Quality - Regional air quality will be described using information from the San Diego Air Pollution Control District’s (APCD) air quality monitoring network. Additional information may be provided through the California Air Resources Board (CARB) or the U.S. Environmental Protection Agency (LISEPA). . Visual Resources - In addressing potential impacts to visual resources local and state scenic highway sources will be consulted, and local land uses wd be evaluated for sensitive receptors in the vicinity of proposed facilities, sunilar to those identified under Noise, above. . Geology and Soils - Information wdl be derived from published geologic literature and maps, such as the Kennedy Maps showing geologic formations for the San Diego area, and U.S. Department of Conservation Soil Survey Maps of San Diego County. . Paleontology - Analysis of paleontological resources will be based upon a review of the potential for fossiliferous-forming strata identified in published geologic literature and based on discussions with paleontologists at the San Diego Natural History Museum. . Agricultural Resources - A regional characterization of agricultural resources will include data sources such as Important Farmland Map Categories, Williamson Act contracts information, and agncultural preserves in the vicinity of the project. Page 13 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 . Recreation - Data sources for recreation will include maps of existing recreation facilities. Plans for future recreation opportunities will be gathered from the City’s General Plan. Subtask 5.2 - Notice of Prep (NOP) & Public/Agency Consultation $6,665. An NOP will be prepared to announce the City’s intent to prepare a PEIR in conformance with CEQA Guidelines (Section 15082). This begins the early consultation process with agencies and organizations that may be in someway affected by or concerned with the implementation of facllities associated with the updated DMP and PEIR. The BC team will assist the City in preparing the project description and location map for the NOP. An initial study, which lists the probable environmental effects of the project, will also be prepared by the BC team. BC will print up to 25 copies of the NOP/IS for distribution by the City. The City will distribute the NOP/IS document to the State Clearinghouse; each Responsible Agency and Trustee Agency; and public agencies, organizations, and individuals that may be affected by the project. The NOP/IS will be made available for public review at local libraries and other appropriate locations. Comments received during the 30-day NOP review period will be used to finalize the scope of the Draft PEIR. The NOP and all NOP comments will be provided as an appendn in the EIR. A scoping meeting will be undertaken to satisfy CEQA requirements. The City of Carlsbad d make all arrangements for this public meeting and a staff member of the BC team d attend. Staff will be prepared to address technical questions on the EIR as needed. It is recommended that the City include a note in the monthly bihg envelopes to all customers advising them about the availability/purpose of the NOP for the DMP. The BC team, will coordinate with the Finance Department, and can prepare a draft of such a notice to customers, but it is assumed that the City would be responsible for finalizing and reproducing the letter, and including the letter in the billing envelope. Once filed, there will be a 30-day response period, whereby each responsible agency is given the opportunity to express their views on the project from the standpoint of their respective jurisdictions and associated responsibdtties. Page 14 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 Subtask 5.3 - Preparation of Screencheck Draft PEIR $46,671. A screencheck Draft PEIR will be prepared for review by the City. All documents will be provided in MS Word format. Depending on the document file size, reports can be provided to the City via BC’s or EDAWs FTP site, or on CD-ROM. The organization and contents of the PEIR are as follows: . Executive Summary - This section will provide a succinct (10-15 pages) summary of the major topics covered in the PEIR, including an overview (scope and intent) of the project; the scope of the environmental analysis; a listing of any effects found to be potentially significant; proposed mitigation measures; a description of areas of known controversy; effects found not to be significant; a brief listing of project alternatives; a listing of permits and approvals potentially required; and a listing of agencies, organizations, and persons consulted in preparing the PEIR. . Introduction - The Introduction will include a Qscussion of the background of the project, a discussion of the purpose and scope of the PEIR; a description of the CEQA process; a description of the organization of PEIR; identification of the areas of known controversy; and a description of the consultation and coordination process followed by the City during the course of the PEIR project. . Project Description - This section will include an introduction; a discussion about the purpose of the updated DMP; a description of existing storm drain facilities, identification of project objectives (including a discussion of the existing and future basin maintenance program and the Agua Hedonda Basin Improvement Program) and the location of all facility improvement projects; a description of each proposed project; a discussion of construction methods and operation and maintenance procedures; and an inventory of potential permits, approvals, and regulatory requirements. This section will also include a discussion about the regional general permitting process that would provide the City with a long-term (up to five years and renewable thereafter) agreement between the City and the Corps to authorize operations and maintenance Page 15 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 activities to occur in jurislctional wetlands and non-wetland waters of the U.S. The RGP would establish an expedited procedure to authorize repeated, similar operations and maintenance activities for storm water facilities. The maintenance information developed in the updated DMP will serve as the basis to acquire future permits such as the RGP. . Environmental Setting - The Environmental Setting section will provide a baseline regional context for the analysis of environmental impacts for each environmental issue area. Environmental Consequences - The structure of this section will include (for each environmental issue area) a description of the regulatory setting, thresholds of significance, potential impacts, potentially significant impacts, and potential mitigation measures. Other Environmental Considerations - This section wdl include a discussion of cumulative effects of the updated Drainage Master Plan, in light of projected growth scenarios and other projects planned for the same planning horizon; a discussion of significant irreversible and irretrievable commitment of resources; an assessment of growth-inducing impacts; and an inventory of effects found not to be sigmficant. . Alternatives - The Alternatives section will be framed within the context of the purpose and need for the updated master plan. An overview of CEQA's requirements for the analysis of project alternatives at the PEIR level will be provided. The BC team will work with the City's environmental project manager to develop the list of alternatives. Each alternative d be compared for its potential to acheve the objectives of the project while reducing potentially adverse regonal environmental impacts. This section will also include a summary comparison of the alternatives and the environmentally superior alternative will be identified. A list of alternatives to be considered for comparative analysis, including the no-project alternative will be generated. The environmentally superior alternative d be identified. Page 16 of 20 . List of Preparers and Contributors - All individuals at the City and on the project team who authored PEIR sections, and other individuals at agencies consulted during the course of preparing the PEIR will be identified to recogmze their contributions. . References - All references used to prepare the PEIR will be listed in alphabetical order for reader reference. The BC team will provide ten (10) copies of the Screencheck Draft PEIR to the City for staff review of the document. Upon completion of the City’s review of the hrst Screencheck Draft PEIR, the BC team will revise the document based on the City’s comments and prepare five (5) copies of the final Screencheck Draft PEIR for final review. Subtask 5.4 - Preparation of Draft PEIR and NOA $17,555. Following the City’s review of the final Screencheck Draft PEIR, the BC team will incorporate the City’s comments and prepare the Draft PEIR for public review distribution, plus a camera- ready master copy for the City’s use. A copy of the report will also be provided on CD-ROM as a Word File. It is assumed that the City d prepare the Notice of Availability (NOA). The NOA provides notice to the public that an EIR has been prepared, and must be posted at the Clerk’s office for a period of 30 days. Subtask 5.5 - Public Review Process $16,486. Once the City has posted the NOA with the County Clerk’s office and the State Clearinghouse and arranged to publish the NOA in local newspapers, fifty (50) copies of the Draft PEIR of which fifteen (15) copies will be submitted to the State Clearinghouse. An electronic file (compact disk) will also be submitted be provided to the City. It is assumed that the City will prepare the Notice of Completion (NOC) and transmit the draft PEIR to the State Clearinghouse at the same time the NOA is prepared. The State Clearinghouse will assume responsibility for delivering the documents to the appropriate reviewing agencies. Page 17 of 20 ~~ City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 Subtask 5.6 - Response to Comments, Preliminary Final PEIR, & MMRP $1,536. Based on comments received from the public and from reviewing agencies during the 45-day public review period, the project team and the City will evaluate the comments and the BC team will prepare a good-faith written response to all comments. All comments will be indlvidually and uniquely identified using an appropriate coding system. All responses will be displayed in the Preliminary Final PEIR opposite the comment, using corresponding codmg, using a traditionally established format. A preliminary Final MMRP wd be prepared to summarize the nature of all mitigation measures proposed in the PEIR. Subtask 5.7 - Final PEIR, MMRP, & Findings $3,220. A Final PEIR will be prepared in response to the City's comments on the Preliminary Final PEIR/MMRP. It is assumed that the City will prepare the Notice of Determination (NOD). Eight (8) copies of the Final PEIR, MMRP, and Findings will be submitted. Subtask 5.8 - Project Management, Meetings & Coordination $9,433. This task includes the day-to-day coordination with the BC project team and EDAW and the City staff. BC's and EDAWs Project Manager will attend a scoping meeting, a City Council meeting and up to two project status meetings related to the production of the PEIR. Quality assurance and quality control for all deliverables will be performed. Assumptions for Task 5 Up to 3 field visits for general surveys will be conducted by a biologist and an archaeologist. No protocol level habitat surveys, wetland delineations or archaeological resource surveys are included in the scope of work; . No resource agency permitting is included; Page 18 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 . BC d provide eight (10) copies of the first Screencheck Draft PEIR, five (5) copies of the second Screencheck Draft PEIR, fifty (50) copies of the Draft SEIR (15 copies will go to the State Clearinghouse), and ten (10) copies of the Final PEIR, MMRP and Findmgs; . At least two members of the BC team will attend one City Council hearing. The BC team will assist the City in the preparation of the City Council hearing by developing PowerPoint slides, which include relevant environmental constraints information. No visual presentation boards or PowerPoint slides will prepared by the BC team for the scoping meeting. Task 6 - Assess Storm Water Quality Reguirements Per direction of the City, BC will perform a review and assessment of the NPDES permit requirements to determine if there are any impacts to the Drainage Master Plan and associated tasks to be performed in this project. Subtask 6.1 - Evaluate Existing Storm Water Permit $3,296. BC will perform a limited assessment on the City's storm water quality permit requirements for the purpose of determining impacts to the Drainage Master Plan, identify and propose water quality features or facility enhancements (to be dlscussed with the City) that may be beneficial to achieving compliance. Subtask 6. 2 - Evaluate Pilot Programs $5,244. BC will identify existing pilot programs (to be discussed with the City) that may be beneficd to regulatory compliance or to the enhancement of the overall program and identify funding sources as necessary. Subtask 6.3 - Identify Required Facilities $8,256. After discussion and concurrence from the City, BC will identify required facility enhancements, future associated costs for construction and maintenance, to meet regulatory NPDES Permit requirements as necessary. Page 19 of 20 City of Carlsbad Drainage Master Plan Update Scope of Work and Fee Estimate February 7,2005 Task 7 - Proiect Manapement Project management activities that span the entire duration of the project are described below. Subtask 7.1 - General Project Management $4,876. BC will develop a Project Management Plan (PMP) at the start of the project that will summarize the project budget, schedule, document control, and QA/QC procedures, and define the team and the respective roles. The PMP shall be updated periodically to provide a project “road map” for all involved with the project and wdl be an important component in managmg the project to remain on budget and on time. In addition, BC will provide bi- monthly progress reports documenting activities, milestones and budget. A Microsoft Project-based project schedule that hghhght milestone dates and task duration. A copy will be provided to the City Project Manager upon request. BC will utilize a cost control system to monitor the weekly progress of the project to ensure that the project remains on budget. Weekly project updates enable the BC team to respond to potential budget concerns and allows the PM to make corrections if and when necessary during project execution. Subtask 7.2 - General Meetings $6,772. BC will attend three (3) meetings with the City staff in the process of performing the work. These meetings are in addition to those specifically noted in the aforementioned task descriptions. BC will prepare meeting notes for each meeting attended. The notes wdl be dstributed to pertinent CITY staff for review via e-mail. BC will submit, via e-mail, the final meetings notes incorporating comments received. SUBTOTAL ESTIMATED FEE CONTINGENCY (15%) TOTAL ESTIMATED FEE - END OF SCOPE - $296,464 $44.470 $340.933 Page 20 of 20 ~~