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HomeMy WebLinkAbout2005-09-27; City Council; 18293; Agua Hedionda & Calavera Creek Channel DredgingCITY OF CARLSBAD - AGENDA BILL TITLE: APPROVAL OF A CONSULTANT AGREEMENT FOR PRELIMINARY ENGINEERING, ENVIRONMENTAL IMPACT REPORT PREPARATION, ENVIRONMENTAL PERMITTING AND FINAL ENGINEERING PLANS FOR AGUA HEDIONDA AND CALAVERA CREEK CHANNEL DREDGING AND IMPROVEMENT PROJECT NO. 3338 9B# 18,293 MTG. 09/27/05 3EPT. ENG DEPT. HD. CITY ATTY. C,TY MG RECOMMENDED ACTION: Adopt Resolution No. 200%81 approving a consultant agreement with EDAW, Inc. for preliminary engineering, environmental impact report preparation, environmental permitting and final engineering plans for the Agua Hedionda and Calavera Creek Channel Dredging and Improvement Project, Project No. 3338. ITEM EXPLANATION: Agua Hedionda Creek drains a watershed of 18,837 acres, originating 10 miles inland from the coast, on the southwestern slopes of the San Marcos Mountains. On it’s way to discharging into the Agua Hedionda Lagoon, Agua Hedionda Creek confluences with a tributary, Calavera Creek, in the Carlsbad community of Rancho Carlsbad. Portions of Rancho Carlsbad are designated within the 1 OO-year floodplain by the Federal Emergency Management Agency due to undersizing of the original earthen channels, increased peak discharge due to development of the watershed, and the accumulation of up to 6 feet of sediment in the Agua Hedionda Channel through Rancho Carlsbad. Prior to 1997, both Agua Hedionda and Calavera Creek were private channels maintained by Rancho Carlsbad. In 1997, when Rancho Carlsbad converted from a mobile home park to individual ownership community, City Council agreed to accept the Agua Hedionda and Calavera Creek channels as public drainage facilities, and perform maintenance and improvements to mitigate the flooding potential. Council commissioned a study by Rick Engineering Company to determine the necessary improvements. The Rancho Carlsbad Channel & Basin Project report, dated June 30, 1998, recommended the construction of four (4) new detention basins and the dredging of Agua Hedionda Channel. In the intervening years, Basin BJB has been constructed, the detention basins at Faraday Avenue and Melrose Avenue are under construction, and the basin BJ design is in review. Additional studies done following the 1998 report arrived at unacceptable design solutions, and meetings with resource agencies indicated that the environmental considerations were going to be more extensive than originally anticipated. City Council authorized an additional alternative analysis, completed in December 2004. This study updated the computer modeling based on the new hydrology standards, updated information on the detention basins, and the project to improve the outlet works at Lake Calavera dam. For the recommended alternative, the study determined that the dredging should be extended to the Cannon Road bridge, furthering the need for additional environmental review. Staff prepared a scope of services for the environmental work and engineering plan necessary for construction, and distributed a Request for Proposal (RFP) to eighteen (1 8) consulting environmental and/or engineering firms. Four (4) consultant teams submitted proposals for the preliminary engineering, environmental impact report preparation, environmental permit processing and final engineering plans. Staff evaluated the proposals and judged the EDAW /Brown and Caldwell team as the most qualified to perform the consulting environmental and engineering services for this project. Because the environmental analysis and permitting represents approximately a third of the effort and is probably the most crucial component related to ultimate project success, EDAW Inc. is serving at the prime consultant, with Brown and Caldwell and other firms as subconsultants. I Page 2 of Agenda Bill No. 18,293 Prior Expenditures - Hydrology studies, preliminary engineering Proposed EDAW Contract Staff and Consultant Project Management Services Total ENVIRONMENTAL REVIEW: $563,858 $553,658 $1 42,984 $1,260,500 An Environmental AssessmentlEnvironmental Impact Report (ENEIR) will be prepared in compliance with the National Environmental Policy Act (NEPA), regulations of the Council on Environmental Quality and the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (as amended). Staff will return to Council after certification of the EIR for authorization to proceed with final engineering. FISCAL IMPACT: The fee for the work included in the attached agreement with EDAW Inc. is $553,658. Funds in the amount of $1,260,500 have previously been appropriated from the Planned Local Drainage Area “B” fee revenue account to fund environmental studies, resource agency permit acquisition and, preliminary and final engineering for this project. Construction funds have not been budgeted for this project. The current funding represents the maximum amount of Planned Local Drainage Area (PLDA) fee funds that can be applied to this project. The scope and cost of the work to be undertaken with this project have increased significantly from the funding programmed in the City’s Master Drainage Plan. Staff is currently working on an update to the Master Drainage Plan and PLDA fee program that will incorporate the cost increases for this and other flood control projects. Staff is not able to provide a detailed construction cost estimate at this time due to uncertainties regarding the extent of the projects environmental mitigation measures. It is anticipated that the construction and mitigation costs will fall between one to two million dollars. One of the work products of the proposed EDAW Inc. contract is the preparation of a detailed project mitigation and construction cost estimate. Staff will return with the detailed cost estimate and proposed funding mechanism concurrent with or prior to receiving Council authorization to proceed with the final engineering for the project. EXH I BITS : 1. Location Map. 2. Resolution No. 2005-291 approving a consultant agreement with EDAW Inc. for preliminary engineering, environmental impact report preparation, environmental permitting and final engineering plans for the Agua Hedionda and Calavera Creek Channel Dredging and Improvement Project, Project No. 3338. 3. Consultant Agreement with EDAW Inc. DEPARTMENT CONTACT: David Hauser, (760) 602-2739, dhaus@ci.carlsbad.ca.us 2 LOCATION MAP PROJECT NAME AGUA HEDIONDAAND CALAVERA CREEK NUMBER CHANNEL DREDGING AND IMPROVEMENT 3338 NOT TO SCALE EXHIBIT 7 SI LIMITS OF PROJECT 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH EDAW INC FOR PRELIMINARY ENGINEERING, ENVIRONMENTAL IMPACT REPORT PREPARATION, ENVIRONMENTAL PERMITTING AND FINAL ENGINEERING PLANS FOR AGUA HEDIONDA AND CALAVERA CREEK CHANNEL DREDGING AND IMPROVEMENT PROJECT NO. 3338 WHEREAS, the City Council of the City of Carlsbad previously appropriated funds to complete environmental studies and project design for the Agua Hedionda Channel Improvements including the stabilization of the Calavera Creek channel, removal of a weir wall and modification of Basin BJB outlets, hereinafter known as the Agua Hedionda and Calavera Creek Channel Dredging and Improvement Project No. 3338; and, WHEREAS, proposals have been solicited for preliminary engineering, environmental impact report preparation, environmental permitting and final engineering plans for the Agua Hedionda and Calavera Creek Channel Dredging and Improvement Project No. 3338; and, WHEREAS, four proposals were submitted and ranked by a selection committee composed of City staff; and, WHEREAS, the firm of EDAW Inc. was ranked by the selection committee as being the most qualified to complete the preliminary engineering, environmental impact report preparation, environmental permitting and final engineering plans for the Agua Hedionda and Calavera Creek Channel Dredging and Improvement Project No. 3338; and, WHEREAS, EDAW Inc. has agreed to complete the preliminary engineering, environmental impact report preparation, environmental Permitting and final engineering plans for a fixed fee of $503,658; and, WHEREAS, City staff is requesting that the professional services agreement with EDAW Inc. include an additional $50,000 for potential contingency work given the complexity and uncertainty of the environmental mitigation needs and processing of Federal and State agency permits. 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. 2. That the above recitations are true and correct. That a professional services agreement with EDAW Inc. for preliminary Engineering, environmental impact report preparation, environmental permitting and final Engineering plans for the Agua Hedionda and Calavera Creek Channel Dredging and Improvement Project No. 3338 as described in the attached agreement is hereby approved. That the Mayor is hereby authorized and directed to execute said agreement. 3. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 27th day of September , 2005 by the following vote, to wit: AYES:Council Members Lewis, H 11, Kulchin, Packard, Sigafoose A ATTEST: 5 AGREEMENT FOR ENVIRONMENTAL AND ENGINEERING CONSULTING SERVICES (EDAW, Inc.) THIS AGREEMENT is made and entered into as of the 27th day of 2005, by and between the CITY OF CARLSBAD, a municipal September corporation, ('City"), and EDAW, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an Environmental, Planning and Engineering Contractor that is experienced in preliminary engineering, environmental impact report preparation, environmental permitting and final engineering for channel projects. B. Contractor has the necessary experience in providing professional services and advice related to environmental analysis and permitting, negotiating of environmental mitigation, analysis of flooding, and preparation of plans, specifications and estimates for drainage channel projects. 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, THEREFOREl 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 c&tomarily 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 one (1) year period. 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 be five hundred fifty-three thousand six hundred fifty-eight dollars ($553,658). 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 (loo/,) 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. 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. IN DE M N I F I CAT I ON 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. IO. 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-:V". 10.1 Coverages 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 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 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 Coverage. 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 . I1 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 Citv: For Contractor: Name: David A. Hauser, P.E. Name: Jacqueline Dompe Title: Deputy City Engineer Title: Principal Department: Public Works Address: 1420 Kettner BI. Ste 620 City of Carlsbad Address: 1635 Faraday Avenue Phone No. : (619) 233-1454 San Diego, CA 92101 Carlsbad, CA 92008 Fax No.: (61 9) 233-0952 Phone No.: (760) 720-2739 Email: dompei@edaw. corn Fax No.: (760) 602-8562 Email: d haus@ci.carlsbad .ca. us 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. City Attorney Approved Version #04.01.02 5 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. 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 (IO) 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 seq., 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 City Attorney Approved Version #04.01.02 7 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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 f& 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 co u n t y . 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 8 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. Michael A. Downs, Ph.D (print name/title)vice President ATTEST: downsm@edaw.com (e-mail address) **By: (sign here) City Clerk (print namekitle) (e-mail address) If required by City, proper notarial acknowledgment of execution by c 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 Othennrise, 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. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: City Attorney Approved Version #04.01.02 9 ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof SA-^, DIGGO personally appeared @7tc/-//4-= 4. bL'dG5 On 9-/3-~5 before me, I?-3. MOOez 7 (DATE.) (NOTARY) SIGNER(S) D/personally known to me - OR - [7 proved to me on the basis of satisfactory evidence to be the personlsr) whose nameM is/= subscribed to the within instrument and acknowledged to me that he/&&they executed the same in his/lwi+&ek authorized capacity@e+, and that by his/he&h+r signatures@$ on the instrument the persow, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S) OR ENTITY(1ES) APA 5/99 VALLEY-SIERRA, 800-362-3369 EDAW, Inc. A California Corporation At a regularly scheduled meeting of the DAW, Inc. Board of Directors held May 2, 2005 the following officers of the corporation were elected. These officers are duly authorized to commit the corporation in the execution of contracts and agreements and shall have such other powers and duties as the Board of Directors may prescribe. EDAW, Inc. Miters Barbara L. Faga Joseph E. Brown David H. Blau Dana Waymire Robert Pel1 Howard B. Mtman Jason Prior Donald Smith William Vitek Vice Presidents Chair of the Board Co-Chair, PresidenVCEO Senior Vice PresidenVSecretary Chief Financial Officer Senior Vice PresidenVAssistant Secretary Senior Vice President Senior Vice President Senior Vice President Senior Vice President Curtis E. Alling Leonard0 Alvarez Russell L. Butler Dennis Cdchael James H. Cleland Sydney Coatsworth Roger G. Courtenay William D’Elia Tim Delorm Paul Moyer Allen Folks Mark Fuller H. Cales Givens Patrick Gulliver Bill Hanway Graeme Harvison Alan Harwood Ellen Heath Jay Hicks Todd Hill Gregory Hurst James Hyatt Gary Jakobs Andrew Jones Thomas M. Keith Steve Kellenberg William Kuhl Thomas M. Larkin Charles Ledward Jacinta McCann Herbert R. Schaal Steven Scott Brodie Stephens Jill Sterrett Ray Strychalski Jason Uyeda James Welch Bradley Wellington The foregoing resolution was approved by EDAW, Inc. Board of Directors on May 2, 2005, EXHIBIT “A” SCOPE OF SERVICES EDAW, INC. AGUA HEDIONDA AND CALAVERA CREEK CHANNEL DREDGING AND IMPROVEMENT PROJECT SCOPE OF SERVICES September 6,2005 TASK 1: TOPOGRAPHIC MAPPING The team will conduct the following topographical mapping tasks for the purposes of project design and analysis and for City of Carlsbad (City) presentations. Task 1 .I Prepare Aerial Base Maps ($30,475) Aerial topographic mapping with 1 -foot contours (0.5-foot accuracy) and spot elevations (0.1 -foot accuracy) will be prepared for Agua Hedionda and Calavera creeks. The data will provide sufficient detail to develop a bank stabilization plan for Calavera Creek. Horizontal control will be NAD 83 per the City of Carlsbad Control Network shown on Record of Survey (ROS) No. 17271. The vertical datum will be NGVD 29 also shown on ROS No. 17271 (utilizing GPS RTK Methods-Double Occupation). The horizontal and vertical controls have been confirmed as being in conformance with Federal Emergency Management Agency (FEMA) submittal requirements for their review purposes. Topographic mapping will include property lines and relevant easements, based on available record maps and preliminary title reports provided by the City. Task 1.2 Prepare Rectified Color Photos and Color Digital Ortho Plot ($2,783) Digital color ortho photos and rectified color photos (52x25) will be provided for vegetation base mapping and presentations. Task I .3 Supplemental Field Survey Work ($8,184) Field surveys will identify surface utilities that are identified by aerial mapping. Subsurface utilities will be plotted based on record information. Spot elevations will be obtained for ridgelines, center and edge of banks, top of slope, toe of slope and adjacent to channels for Calavera Creek and Agua Hedionda Creek. City Attorney Approved Version #04.01.02 10 This effort is required to capture areas that cannot be aerial mapped due to the extensive canopy that exists around the confluence of the channels. TASK 1 : DELIVERABLES 0 Five (5) copies of plots and 1 electronic copy on CD of aerial mapping at 1 I' = 40' with 1 -foot contours in AutoCAD format 0 Two (2) photos (hard copies) and a digital file on CD TASK 2: PRELIMINARY ENGINEERING Task 2.1 Data Gathering and Review ($4,945) The team will review previous plans and reports prepared by Rick Engineering Company (REC), including the Rancho Carlsbad Mobile Home Park (RCMHP) Preliminary Alternatives Analysis for Agua Hedionda Channel Maintenance (2003, 2004), the Carlsbad Channel and Basin Project Special Use Permit Hydrologic and Hydraulic Calculations (2000), and the Rancho Carlsbad Channel and Basin Project (1998), as well as the Limited Geotechnical Evaluation Rancho Carlsbad Channel and Basin Project (Ninyo and Moore 2004). Existing bridge plans will be reviewed to determine the footprint of the excavation required for the Agua Hedionda Creek dredging. The Calavera Creek channel footprint is well-defined; however, as-built control points will have to be determined due to changes in the channel bottom that have occurred from storm damage. Task 2.2 Draft Design Plans and Cost Estimate ($152,600) Preliminary design plans (30 percent design) will incorporate vertical and horizontal controls, typical cross sections, easements, and property lines for the Agua Hedionda and Calavera creek channels. A local scour analysis will be performed on each of the bridge bents for the 100- year event. A Type Selection Report for the proposed modification will also be prepared. A seismic analysis of the modified pier condition of each of the bridges will be conducted. The analysis will be based on recommendations found in the current version of the Caltrans Memorandum to Designers 20-4 and the Seismic Design Criteria. The design calculations for the bridge modifications will be prepared in accordance with Caltrans Bridge Design Specifications LFD Version 2000. The bridge plans will identify details necessary for the construction. Based on the creek dimensions and elevations obtained during the topographic surveys and additional data provided by the City, an estimate of the volume of material that will be excavated will be prepared. The team will determine control City Attorney Approved Version #04.01.02 11 elevations for the Calavera Creek channel confluence to assess if velocity dissipation features or improvements are required to reduce the water surface elevation. Once the preliminary footprint has been established, the team will identify and verify dredging requirements and quantities. Sediment characteristics (particle size, chemical analysis, composition, etc.) of the material to be excavated will be identified to evaluate whether the material can be reused for beach sand replenishment, fill material at other locations, or other recycling purposes. Depending on how the dredge material may be reused or recycled, staging areas for dewatering may be required and will be determined to effectively and efficiently manage dredge spoils if necessary. The team will conduct an evaluation of the dredged materials and disposal methodology. The design plan will include an evaluation of the impacts to the existing slopes along the creeks identifying where vegetation removal may occur and whether mitigation or replacement planting would be necessary for habitat replacement. Areas that provide opportunities for aesthetic treatment, community benefit (e.g., green space corridors/landscape nodes), onsite habitat enhancement, and permanent Best Management Practices (BMPs) will be noted. The team will prepare preliminary cost estimates based on current industry material costs, labor rates, production rates, and standard construction practices. The most recent reference documents, such as RS Means Heavy Construction Cost Data, or other similar documents will be utilized to determine construction and material costs. It is assumed that one team meeting will be held with the City to discuss review comments and requested changes to the draft design and cost estimate. Task 2.3 Preliminary Hydraulic Analysis ($9,042) A hydraulic analysis and model of the proposed new channel configuration will be prepared, incorporating the excavation (flowline) elevation, improvement features within the channel, and side slope treatment features. The hydraulic model will serve to evaluate several options or alternatives for appropriately conveying a 100-year storm event. The hydraulic analysis will be documented and the hydraulic model will be prepared to conform to the submittal requirements as outlined by FEMA. The hydraulic model and documentation will be utilized as part of the submittal for the Conditional Letter of Map Revision (CLOMR). The hydraulic model will be prepared in conjunction with the draft design and, upon acceptance from the City, will serve as the basis for the 30 percent design. It is assumed that the model will be adjusted twice, based on input from the City. City Attorney Approved Version #04.01.02 12 Task 2.4 Draft Basis of Design Report ($6,303) A draft Basis of Design Report will be prepared to document the design process, methodology, and assumptions for the draft design. This report will be submitted concurrently with the draft design and cost estimate. Task 2: Deliverables Ten (IO) copies and 1 electronic copy (on CD) of the following submittals will be provided to the City for review and distribution: 0 30% Design Plans and Cost Estimate 0 Preliminary Hydraulic Analysis 0 Draft Basis for Design Report TASK 3: ENVIRONMENTAL ANALYSIS AND DOCUMENTATION The Environmental Assessment/Environmental Impact Report (EA/EIR) will be prepared in compliance with the National Environmental Policy Act (NEPA) regulations of the Council on Environmental Quality and the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (as amended). The EA/EIR will describe the proposed project and alternatives to the project, along with potential adverse and beneficial environmental effects resulting from the implementation of these alternatives. Measures to reduce or eliminate adverse environmental effects will be detailed. The document, as well as its circulation, review, and approval process, will provide a vehicle for comment upon the alternatives and their potential effects. The document will be prepared for review and approval by the federal lead agency (the U.S. Army Corps of Engineers) and the state lead agency (the City of Carlsbad) under NEPA and CEQA, respectively. The City is the lead agency because the project site is located in City boundaries and the City is the project proponent. Because the project requires issuance of a federal permit, it must also comply with federal laws. Task 3.1 Initial Study/ Notice of PreparatiodData Collection ($12,113) Initial Studv (IS). The team will prepare a draft IS for City review. One set of revisions will be incorporated and a Final IS will be provided to the City and appended to the Environmental Assessment/ Environmental Impact Report (EA/EIR) document. The IS will also be appended to the Notice of Preparation (NOP). Notice of Preparation/Scoping Meetinqs. The team will prepare the NOP for City review. The team will incorporate one set of revisions and submit the final NOP to the City for distribution. City Attorney Approved Version #04.01.02 13 The team will attend three (3) public scoping meetings. The team will assist the City in the preparation of the scoping meetings by providing project summary information in bullet format (for use in a PowerPoint presentation) and a visual display of the project area (aerial base map with the project boundary). The team assumes that the City would conduct the public scoping meetings during the NOP 30-day public review period. Notification of the meetings will also be conducted by the City. Data Collection. The team will utilize available information to minimize cost. Existing documentation prepared for the project includes the current spring biological surveys prepared by RECON (protocol level surveys for least Bell’ s vireo and southwestern willow flycatcher and vegetation mapping), the hydrologic report prepared by Rick Engineering (August 2000), and the geotechnical investigations prepared by GEOCON (July 2000, September 2002) and Ninyo and Moore (January 2004). As applicable, the team will incorporate in-house baseline data from the Preliminary Environmental Analysis Report (PEAR) for the Cannon Road Reach 4 project. As part of the Carlsbad Drainage Master Plan project, the team has already obtained the following documents: Final EIR for the City of Carlsbad General Plan Update (1 994); Watershed Urban Runoff Management Program (2003); Standard Urban Stormwater Mitigation Plan (2003); Jurisdictional Urban Runoff Management Plan (2002); 2004 Traffic Monitoring Program (2004); Final Program EIR for the Water and Sewer Master Plan Updates (2003); the Habitat Management Plan for Natural Communities (2004). These documents will be used as appropriate in preparation of the environmental analysis for the proposed project. The following is a description of the data sources to be used to provide regional characterizations for each of the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) issues to be assessed in the ENEIR. Biological Resources - A biological resources map will be developed using data from the California Natural Diversity Database (CNDDB), U.S. Fish and Wildlife Service (USFWS) Designated Critical Habitat, and the National Wetland Inventory. Jurisdictional waters of the U.S. will be mapped following EDAW’s wetland delineation study for Calavera Creek. Wetland delineation for Agua Hedionda Creek and vegetation mapping along Agua Hedionda and Calavera creeks, including the area between Cannon Road and El Camino Real bridges, will be based on RECON’S surveys conducted in 2002 and spring of 2005. To address additional biological analysis requirements, rare plant surveys and a wetland delineation survey for Agua Hedionda and Calavera creeks will be City Attorney Approved Version #04.01.02 14 conducted as part of a separate contract. Costs for these surveys are not included in this fee proposal. The findings of these additional analyses will be provided in independent letter reports and summarized in the ENEIR. Existing reports, including the team’s letter reports and previous survey work conducted by RECON, will be provided as appendices to the ENEIR. Focused surveys for the light-footed clapper rail will be conducted within suitable marsh vegetation habitats within the study area. A series of five surveys will be conducted, following a methodology accepted by the USFWS. Surveys for light- footed clapper rail will occur between February 15 and May 31. Cultural Resources - The bottoms of both Agua Hedionda and Calavera creeks, having been repeatedly dredged, are unlikely to contain intact cultural sites. However, cultural deposits within undisturbed sediments along the banks of these creeks could be affected by the stabilization efforts. The team will conduct a records search, which will identify previously recorded archaeological resources within 1 mile of the project area. Following the records search, a qualified archaeologist will examine areas subject to physical disturbance within the project area, including the drainage banks. Identified cultural resources will be recorded in standard Department of Parks and Recreation format. The results of the records search and site investigation will be summarized in the ENEIR section. Land Use - The City of Carlsbad General Plan, zoning ordinances, the PEAR for Cannon Road Reach 4, and other planning documents for the City of Carlsbad will be used to determine land use compatibility and other land use-related issues. Existing and planned land uses with the project study area (approximately I-mile radius) will be mapped on aerial base maps. Water Resources - One source of regional water resources and water quality information is through Project Clean Water, which provides regional watershed management planning and information resources. The Watershed Urban Runoff Management Plan for the watershed in the study area that is disseminated through the website will be referenced for information such as sensitive waters, predicted growth, pollutants of concern, resources requiring protection, and other water resource issues. Local municipalities in concert with the Regional Water Quality Control Board (RWQCB) develop these plans. The plans address current regulatory compliance needs, as well as holistic approaches to improving water quality. Other reference documents will include the City of Carlsbad General Plan (1994), General Plan Master EIR (1994), and Jurisdictional Urban Runoff Management Plan (2002). Traffic and Transportation - Data to characterize existing and future traffic volumes in the study area and condition of existing roadways will be gathered from the City of Carlsbad traffic engineering department and if appropriate, SANDAG’s travel demand forecasting model and regional growth projections. City Attorney Approved Version #04.01.02 15 The proposed dredging and improvements are not expected to generate significant traffic volumes and, therefore, no traffic modeling is included in this scope. Noise - Noise measurements will be obtained at up to three locations along the residences located immediately adjacent to Agua Hedionda and Calavera creeks to determine existing noise levels. A discussion of potential noise sources during construction and estimated noise levels will be described. Applicable planning documents, such as the Noise Element of the City’s General Plan will be used to determine the allowable noise limits of particular areas. Noise-sensitive land uses will also be identified, including 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 air quality monitoring network. Additional information may be provided through the California Air Resources Board or the U.S. Environmental Protection Agency. Visual Resources - In addressing potential impacts to visual resources, local and state scenic highway sources will be consulted, and sensitive receptors in the vicinity of Agua Hedionda Creek and Calavera Creek will be described. El Camino Real has been designated a First Priority Scenic Route in the San Diego County General Plan, and a Community Theme Corridor in the City of Carlsbad General Plan. Applicable goals related to visual resources will be identified. Geology and Soils - Information will 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 strata identified in published geologic literature and based on discussions with paleontologists at the San Diego Natural History Museum. Agricultural Resources - The existing study area is not expected to affect existing agricultural resources since proposed dredging and maintenance activities will occur within a developed area. Recreation - Data sources for recreation will include maps of existing recreation, park facilities, and wildlife refuges within the study area. Plans for future recreation opportunities will be gathered from the City of Carlsbad’s General Plan. City Attorney Approved Version #04.01.02 16 Task 3.2 Screencheck Draft ENEIR ($49,438) The team will develop the necessary technical analyses for water resources, traffic and transportation, noise, air quality, visual resources, geology and soils, paleontological resources, and other environmental resources that could be affected by the proposed project. The technical analyses developed in support of the ENEIR will use industry-accepted analysis and modeling techniques and regulatory standards and guidelines. It is anticipated that several environmental resource and issue areas will be identified as "Effects Not Found to Be Significant" that do not require further analysis, minimizing the complexity of the ENEIR. These issue areas will be addressed in the IS for the project, which will be appended to the ENEIR. The ENEIR will include a concise Executive Summary of the environmental analysis and an Introduction that describes the environmental process. The existing environmental conditions will be described, significance criteria clearly identified, and environmental consequences analyzed with regard to the significance criteria. Reasonable m'itigation measures will be proposed where necessary and feasible to reduce impacts to below a level of significance. The responsible agency for implementation of each mitigation measure will be clearly identified. The ENEIR will include other mandatory sections as required by CEQA and NEPA, including potential growth-inducing effects of the project, cumulative effects, and an alternatives analysis. The team will develop a draft Mitigation Monitoring Reporting Program (MMRP) and recommends including this as a section in the Draft ENEIR. This provides upfront review and comment by the public of the recommended mitigation measures. The team anticipates three separate reviews during preparation of the screencheck Draft ENEIR. Four meetings will be held with the City during preparation of the screencheck documents. Task 3.3 Completion (NOC) ($29,713) Public Review Draft ENEIR/Notice of Availability (NOA)/Notice of Once City comments are incorporated, the Draft ENEIR including appendices will be provided to the City for public distribution. A draft NOA will be prepared for review and distribution by the City. The City will post the NOA at the Clerks office for a 30-day period. The City will arrange to publish the NOA in local newspapers. The team will prepare the NOC for the City's review and distribution to the State Clearinghouse. Task 3.4 Response to Comments, Final ENEIR, and Findings ($9,208) Following a 45-day public review period, the team will work with City staff to prepare responses to comments. Letters and individual comments will be coded and a good-faith written response will be prepared. The responses will be City Attorney Approved Version #04.01.02 17 displayed in the Preliminary Final ENEIR opposite the comment, using corresponding coding. The MMRP will be finalized following comments received during the public review process. Draft Findings will also be prepared. The Findings will be prepared to address one or more significant environmental effects of the project and will discuss whether 1) the project includes changes or alterations which avoid or substantially lessen the significant environmental effect, 2) if changes or alterations are within the responsibility and jurisdiction of another agency, and 3) economic, legal, social, technological or other considerations render the mitigation measures infeasible as identified in the Final ENEIR. A draft Finding of No Significant Impact (FONSI) will be prepared and provided to the U.S. Army Corps of Engineers (Corps) for their review and processing. Following one review by the City, the team will revise and submit the final documents for the City’s distribution. The team will attend four meetings during preparation of the Responses to Comments, Final EAIEIR, and Findings. Task 3: Deliverables Ten (IO) copies and 1 electronic copy (on CD) of the following submittals will be provided to the City for review and distribution: 0 Draft and Final Initial Study/NOP 0 Ist, 2nd, and 3rd Screencheck Draft ENEIR 0 Draft and Final Responses to Comments, Final ENEIR, and Findings Up to 50 copies of the Public Review Draft ENEIR and 1 electronic copy (on CD) will be provided to the City for distribution. Fifteen (15) CDs of the Public Review Draft ENEIR and 15 copies of the Executive Summary will be provided to the City for distribution to the State Clearinghouse. One (1) copy and 1 electronic copy (via email) of the following will be provided to the City for final edits and distributions: 0 Notice of Availability 0 Notice of Completion FONSI TASK 4: ENVIRONMENTAL MITIGATION Task 4.1 Draft Conceptual Mitigation Plan ($20,292) The primary environmental mitigation for the project will include mitigation for permanent and temporary impacts to wetland and nonwetland waters of the U.S. under the jurisdiction of the Corps and California Department of Fish and Game City Attorney Approved Version #04.01.02 18 (CDFG). The RWQCB and California Coastal Commission will also have review and approval authority over the project’s proposed mitigation. In accordance with resource agency guidelines, it is expected the wetland mitigation will occur within the same watershed as the proposed project (i.e., Carlsbad Hydrologic Unit), and that some of the mitigation will occur within the coastal zone to the extent feasible. The primary objectives of the wetland mitigation for the Agua Hedionda and Calavera creek channels are: 0 Negotiate in a coordinated manner with the City to obtain agency approval for the minimum amount of wetland mitigation necessary 0 Work with City and agency staff to prepare a suite of alternative mitigation options for consideration 0 Identify the least expensive, preferred mitigation option that meets expectations of the City and the agencies 0 Prepare a clear and concise wetland mitigation plan including an implementation cost estimate 0 Manage the wetland mitigation task in an organized and efficient manner to accelerate agency approval and permitting so that the dredging and improvement project is complete on schedule, or ahead of schedule Based on the project description in the RFP, a review of background documents, and a site visit conducted by the team, it is estimated that dredging activities within Agua Hedionda Creek (between Cannon Road and 3,100 feet upstream) would affect approximately 0.4 acre of willow woodland, 0.2 acre of channel bank, and 2.6 acres of nonwetland waters (open sandy channel). A minimal amount of additional jurisdictional area may be temporarily impacted to gain access to the dredging areas. It is anticipated that 1 to 2 acres of wetland creationhestoration and approximately 2 to 5 or more acres of wetland enhancement (e.g., exotic plant removal) may be required as mitigation. The Habitat Management Plan for Natural Communities in the City of Carlsbad (1 999) indicates that the mitigation requirement for wetland habitats is to achieve “no net loss” (minimum 1:l replacement) and that the “mitigation ratio varies by type of replacement habitat.’’ As a cost-saving effort, the team will work together during the final project design to incorporate design measures that minimize the wetland mitigation requirements and cost for potential offsite mitigation. This can be accomplished by avoiding and minimizing impacts to jurisdictional areas and implementing potential onsite mitigation to the extent feasible, while still meeting the dredging and flood control needs of the project. For example, based on measurements in Agua Hedionda Creek upstream of El Camino Real Bridge, willow woodland habitat areas within some of the outer portions of the channel bed can be City Attorney Approved Version #04.01.02 19 preserved while still dredging a 70-foot bottom width. Potential onsite mitigation and restoration opportunities to be considered by the EDAW team and City staff include: Establishing native riparian habitat on the Agua Hedionda Creek banks once the dredging is complete creating, Managing volunteer wetland vegetation in Agua Hedionda Creek in years between dredging maintenance cycles to remove nonnative exotics, and Restoring wetlandlriparian along Calavera Creek as part of the bank stabilization and erosion control work. EDAW will work closely with City staff to identify and evaluate potential offsite mitigation alternatives to select a mitigation alternative that is cost effective and meets the future mitigation requirements agreed upon with the agencies. A number of potential wetland mitigation opportunities exist. Since it would reduce the cost of mitigation, the first mitigation alternatives that will be considered will be property owned by the City (e.g., San Marcos Creek) or property the City may be considering for purchase. Other potential offsite mitigation alternatives include: Along Agua Hedionda Creek east of Rancho Carlsbad Golf Course and also south of Freeway 78 Mitigation opportunities within Agua Hedionda Lagoon Potential mitigation bank in the Canyon de las Encinas drainage south of Palomar Airport Road Lake Val Sereno along Escondido Creek at which Wildlands, Inc. is attempting to establish a mitigation bank now that The Environmental Trust no longer manages the site Once the City approves use of a mitigation site approved by the resource agencies, EDAW will prepare a mitigation plan that will include ongoing monitoring, in accordance with the RFP, to ensure establishment of the vegetation. The plan will be prepared with sufficient detail to meet resource agency expectations to complete project permitting. This scope does not include preparation of mitigation site grading or landscape construction plans (Le., bid documents), although EDAW can provide mitigation construction plans upon request. One (1) set of revisions by the City will be incorporated prior to submittal of the plan to the resource agencies. Task 4.2 Final Conceptual Mitigation Plan ($9,428) Following receipt of agency comments, the Final Conceptual Mitigation Plan will be prepared and the plan will be submitted to the City. City Attorney Approved Version #04.01.02 20 TASK 4: DELIVERABLES Ten (IO) copies and 1 electronic copy (on CD) of the following submittals will be provided to the City for review and distribution: 0 Draft and Final Conceptual Mitigation Plans TASK 5: FINAL ENGINEERING Task 5.1 Final Design Plans, Specifications, and Cost Estimates ($77,493) As part of the final design task, 90% and 100% submittals to the City will be made. The 90% submittal will include plans (revised per comments on the 30% submittal), specifications, and estimates. The specifications will address responsibilities for performance of work, material type and quality, measurement, and payment. As per the City requirement, the specifications will be prepared in “Green Book” format for public works construction. The team will provide revisions to the cost estimate based on revisions and comments to the 30% design submittal, changes in quantities, restriction of disposition of dredged material, and increases in construction costs based on standard construction practices. An Erosion Control Plan/Storm Water Pollution Prevention Plan (SWPPP) will also be submitted with the 90% package. The Storm Water Pollution Prevention Plan (SWPPP) will provide an approach to monitoring the various phases of project construction and specify the appropriate BMPs along the alignment as construction progresses. The SWPPP will be developed in accordance with the requirements of the State Water Resources Control Board Order No. 99 - 08 - DWQ/National Pollutant Discharge Elimination System General Permit CAS000002 (Discharges of Storm Water Runoff Associated with Construction Activity) (General Permit). Any municipal or jurisdictional requirements will also be incorporated where appropriate. Because Aqua Hedionda Lagoon is impaired for sedimentation/siltation, monitoring for visible (i.e., sediment) pollutants in project-related storm water discharges will be necessary. The General Permit requires sampling and analysis for sediment or turbidity when the construction site runoff discharges directly into a water body that is impaired by sediment/silt or turbidity (per the Clean Water Act Section 303(d) list). However, the crux of the SWPPP will be to prevent storm water discharges from areas disturbed by construction activities by incorporating BMPs that will minimize or eliminate the need for storm water sampling and analysis (i.e., avoid offsite discharges). Likewise, BMPs will also address nonvisible pollutants that could be potentially released from construction site materials and impact receiving waters (cause or contribute to an exceedance of water qua I ity objectives). City Attorney Approved Version #04.01.02 21 This plan will present specific BMPs for source control relative to construction components and nearby receiving waters. The erosion control drawings will be incorporated into the project SWPPP for comprehensiveness. Sediment control BMPs will also be presented, along with those for nonvisible pollutant control. It is assumed that one team meeting will be held with the City to discuss 90% review comments and requested changes. A 100% submittal package that includes plans, specifications, and estimates will be provided to the City at the completion and incorporation of comments received from the 90% review. Task 5.2 Final Hydraulic Analysis ($4,858) The hydraulic analysis documentation and the hydraulic model will be prepared to conform to the submittal requirements as outlined by FEMA. The hydraulic model and documentation will be utilized as part of the submittal for the Letter of Map Revision (LOMR). Task 5.3 Final Basis of Design ($3,395) The hydraulic analysis documentation and the hydraulic model will be prepared and condensed into a hydrology report for the Agua Hedionda and Calavera creeks for submittal to the City. The hydrology report will conform to the submittal requirements as outlined by FEMA. The hydraulic model and hydrology report will be utilized as part of the supporting documentation for the submittal of the Letter of Map Revision (LOMR). TASK 5: DELIVERABLES Ten (1 0) copies and 1 electronic copy (on CD) of the following submittals will be provided to the City for review and distribution: 0 90% and 100% Plans, Specifications, and Cost Estimate 0 Final Hydraulic Analysis (Hydrology Report) 0 Final Basis of Design TASK 6: PERMIT PROCESSING The team will be responsible for supporting the City in preparing applications and processing the following regulatory permits to implement the project: 0 Individual permit for impacts to jurisdictional waters and wetlands from the Corps pursuant to Section 404 of the Clean Water Act (404 permit); 0 Water Quality Certification from the RWQCB pursuant to Section 401 of the Clean Water Act (401 certification); City Attorney Approved Version #04.01.02 22 0 Streambed Alteration Agreement from the CDFG pursuant to Section 1600 of the Fish and Game Code; and 0 Coastal Development Permit (CDP) from the City pursuant to the California Coastal Act. The potential exists for least Bell's vireo, light-footed clapper rail, and southwestern willow flycatcher to occur at the Agua Hedionda bridge crossing. Assuming the project will be designed in conformance with the avoidance measures and habitat compensation guidelines in the City of Carlsbad's Habitat Management Plan, these species will be covered under the Section 10a Take Authorization Permit. Accordingly, this scope of work does not include formal consultation with USFWS and/or CDFG regarding these or any other threatened or endangered species. Task 6.1 Resource Agency Meetings/Coordination ($1 9,371) The overall approach to acquiring permits includes effective communication with agency staff to (1) help develop strategies and alternatives early in the process that will comply with regulatory requirements, (2) identify acceptable mitigation so that mitigation concept plans are familiar to agency staff prior to application submittal, and (3) ensure that the team is preparing all information necessary to submit a complete application package in the initial submittal. Agency schedules mandated by regulations are initiated only once an application is considered complete, so submitting a complete application is imperative to meet the aggressive schedule. Toward this end, the team will meet with agency staff starting early in the process and continue through submittal and processing (four meetings). Meetings will include one joint preapplication meeting (Corps, RWQCB, and CDFG likely held at the CDFG offices); one joint agency field meeting (also including city staff charged with processing the CDP), and two meetings during permit processing/negotiations. Task 6.2 Resource Agency Permits ($1 1,615) 404 Individual Permit Based on the meeting/coordination feed back and sensitive project design, a permit application package will be prepared and submitted to the City for review. The permit application will be revised and a permit packet will be submitted to the Corps for an Individual 404 permit. To facilitate the process, a Draft Public Notice and Draft 404(b)(l) alternatives analysis will be provided to the Corps. One copy of the Draft Public Notice and Draft 404(b)(l) alternatives analysis will be submitted to the City for review and one final copy of the public notice and alternatives analysis will then be submitted to the Corps. The Corps will only issue the 404 permit once the 401 certification is issued. Although the City Attorney Approved Version #04.01.02 23 application will be submitted simultaneously with other permits, this will be the last permit to be obtained. It is assumed that the Corps as the federal lead will coordinate with the California Coastal Commission to obtain a Coastal Consistency Determination. 401 Certification A 401 certification application will be prepared for the City’s review. One final 401 certification package will be provided to the City for submittal to the RWQCB. Permit application fees will be paid by the City. Streambed Alteration Agreement One (1 ) Streambed Alteration Agreement permit application will be prepared for the City’s review and one final permit packet will be provided to the City for submittal to the CDFG. Permit application fees will be paid by the City. Coastal Development Permit A portion of the project footprint extends into the coastal zone. In the study area, the coastal zone boundary is roughly contiguous with El Camino Real. As part of the project, dredging and bridgework would occur at the El Camino Real and Cannon Road bridges, and in the channel between the two bridges. A CDP from the City of Carlsbad must be obtained, although the permit will be appealable to the California Coastal Commission. The team will prepare the CDP application and submit one (1) copy for the City’s review. One (1) copy of the CDP application will be provided to the City for submittal to the California Coastal Commission. The City has noticing requirements for adjacent property owners (within 600 feet) and residents (100 feet). The team will prepare the appropriate noticing maps and address labels. The team assumes City staff will perform the actual distribution with the labels provided. TASK 6: DELIVERABLES One (1) electronic copy (via email) of the following submittals will be provided to the City for review and distribution: 0 Resource agency meeting minutes 0 Draft and Final Permit Application Packages for the 404, 401, Streambed Alteration Agreement, and Coastal Development Permit City Attorney Approved Version #04.01.02 24 TASK 7: FEMA PERMIT PROCESSING Task 7.1 Conditional Letter of Map Revision ($1 0,679) The City will provide input files from the latest HEC-I and HEC-RAS studies performed by others. The team will evaluate the hydraulic alternatives and review a copy of the previously approved CLOMR. The team will work closely with the city to determine and incorporate existing and future detentionhetention basins that are proposed as part of the city flood control requirements. Based on this information, the team will generate a revised hydraulic analysis and model for a new submittal to secure an approved CLOMR. Based on this available information, our team will prepare the necessary studies and applications for submittal to FEMA with supporting documentation as follows: I. Completed application forms 2. 3. Narrative description of the project and submittal Hydrologic Calculations along with digital files of modeling output 4. 5. Hydraulic Calculations along with digital files of modeling output Certified topographic map with floodplain and floodway delineations, if applicable 6. Annotated Flood Insurance Rate Maps, or Flood Boundary and 7. Items required to satisfy any National Flood Insurance Program Floodway Maps reflecting changes due to the project reg u I a tory req u ire men t s Our team will (a) provide the data used in determining the revised floodplain boundaries, flood profiles, floodway boundaries, etc.; (b) provide data necessary to demonstrate that the physical modifications to the floodplain meet NFIP regulations, have been adequately designed to withstand the impacts of the 1% annual chance flood event, and will be adequately maintained; and (c) demonstrate that the revised information (e.g., hydrologic and hydraulic analyses and the resulting floodplain and floodway boundaries) is consistent with the effective Flood Insurance Study information. Task 7.2 Letter of Map Revision ($5,075) Based on a positive response from FEMA, an approved CLOMR and completed construction plans (e.9. as-built plans) for the Agua Hedionda and Calavera creeks, our team will prepare the necessary studies and applications for submittal to FEMA with supporting documentation previously discussed under Task 7.1. The overall goal of the submittal is to receive a letter from FEMA City Attorney Approved Version #04.01.02 25 officially revising the current NFlP map (LOMR) to show changes to floodplains, floodways, or flood elevations. This fee proposal assumes FEMA application fees will be paid by the City. TASK 7: DELIVERABLES Four (4) copies and 1 electronic copy (on CD) of the following submittals will be provided to the City for review and distribution: 0 CLOMR 0 LOMR TASK 8: MAINTENANCE PLAN Task 8.1 Draft Maintenance Plan ($1 1 ,I 66) The team will develop a Draft Maintenance Plan that identifies the scope and timing of summer inspections as well as post-storm inspections during the winter season to identify potential damage and assess whether repairs or maintenance is needed. To maximize efficiency, the plan will incorporate these project- specific inspections within the scope of the City’s current maintenance program. The maintenance plan will address sediment gauging and vegetation height monitoring via measurement posts that will be installed to monitor sedimentation rates and the need for vegetation management within the channel. The plan will provide trigger maintenance indicators and other decision-making guidance that will provide straightforward direction to Public Works staff on various maintenance requirements to preserve flood control capacity while managing sensitive environmental resources within the watercourses. The frequency of inspection is expected to be at least twice annually to determine damage and assess repairs. Select vegetation may have to be removed annually while sediment removal may be tentatively scheduled and performed every 3 years or as conditions warrant. The Draft Maintenance Plan will be prepared for the City’s review. Revisions will be incorporated and a Draft Maintenance Plan will be incorporated to the ENEIR. Task 8.2 Final Maintenance Plan ($4,399) The Maintenance Plan will be described in the ENEIR and submitted to the regulatory agencies during the permit acquisition phase. Following receipt of comments on the ENEIR, a Final Maintenance Plan will be prepared and submitted. City Attorney Approved Version #04.01.02 26 TASK 8: DELIVERABLES Four (4) copies and 1 electronic copy (on CD) of the following submittals will be provided to the City for review and distribution: 0 Draft and Final Maintenance Plan TASK 9: PROJECT MANAGEMENT Task 9.1 Project Management ($1 1,083) EDAW’s project manager will provide the day-to-day coordination with the project team and City staff. A Project Management Plan (PMP) will be prepared through the use of a spreadsheet that lists each work product’s budget, document control, QNQC, team roles, and delivery dates. The PMP will specify a target endpoint of each round of client and agency review and projected resubmittal dates. The PMP will also provide deadlines for the submittal of work products; it will specify the duration of review periods by agencies after their agreement to these time frames. The Microsoft Project-based project schedule will be updated and provided to the City’s Project Manager. Monthly schedule updates, including a revised schedule and schedule analysis, will be provided to the City. TASK 9: DELIVERABLES Ten (IO) copies and 1 electronic copy (on CD) of the following submittals will be provided to the City for review and distribution: 0 PMP 0 Monthly Schedule Updates (assumes 24 updates) Task 10: Contingencv A contingency of $50,000 will be set aside to cover unforeseen tasks that may arise during project implementation (e.g., additional fieldwork, studies, meetings, etc.). No work will be performed without prior written authorization including a negotiated scope of services and fee. NOTES: 1. This is a fixed fee agreement. 2. Invoices to be submitted and payments to be made on a percentage complete basis. City Attorney Approved Version #04.01.02 27 /p All Receive-Agenda Item # 5 From: Subject: Lisa Hildabrand Fwd: Re: AB on EIR for creek channel dredging For the Infonnatim of the: Lisa, According to our schedule, we had originally planned on going to Council in August on this item. There are two key reasons for the one month delay: 1) The AB is for environmental work associated w/ the creek dredging. In consultation w/ prospective consultants and our Planning Department, it was determined that several studies would need to be done in conjunction w/ the EIR process. The studies included biological monitoring of endangered nesting bird species, identification and mapping of rare plants and a delineation of existing wetlands in and around the proposed work area. Several of these studies needed to be done in a particular time of year. The original concept was to issue one contract for all services. We realized early on, however, that the time involved in getting the appropriate consultants on board (due to our purchasing requirements and the value of the proposed contract) would put the beginning of work beyond the identified biological survey period. If this had happened, we would have lost six months until the "window of time" opened up again. In order to get the proper environmental approvals and not delay the overall schedule, it was decided to issue a separate, smaller contract (that didn't involve an extensive selection and award process) for the specific biological studies. The time that it took to prepare a separate contract was partly to blame for the one month slip. We did issue the separate contract and the studies were done within the specified time period, which may ultimately lead to a quicker completion time for the construction than is shown on the schedule. 2) We have been inundated with letters from the Rancho Carlsbad Owner's Association, Bob Ladwig, David Bentley and others requesting detailed information about the proposed drainage improvements. It has taken a tremendous amount of time to respond to the letters and perform additional studies to justify the direction that staff is headed. This is time that could have been better spent working on the project, including preparing contracts, agreements and agenda bills. I have since spoken w/ Ray about these time demands and he has indicated that he is OK w/ very brief responses to the questions submitted as opposed to the detailed, thorough responses that we have prepared to date. I would expect that your (new) office will get some letters expressing their displeasure that we are not thoroughly responding to their voluminous requests for information. If we want to have any chance at meeting the schedules that we've prepared we need to be able to spend time on moving things forward, not justifying how we got to this point and debating how to move forward. If you feel you need to sit down and discuss this in greater detail please let me know and 1'11 be happy to stop by. Tx .... >>> Lisa Hildabrand 9/26/2005 3:25:00 PM >>> Glenn- One of the council members mentioned that they thought this agenda bill was supposed to have been completed in July. What was the target date and if it was delayed, why? Lisa I CITY OF CARLSBAD ' J CITY CLERK'S OFFICE EA Owners' Association, Inc. 5200 El Camino Real, Carlsbad, Californla 92008 Phone: (760) 438-0333 Fax: (760) 438-1 808 September 27, 2005 City of Carlsbad ATTN: City Council RE: Tonights Council Meeting We are pleased to note that one of your agenda items tonight is approval to hire an environmental consulting firm to do the EIR and design work for dredging the "plug" on the Agua Hedlonda. Our evening board meeting tonight predudes our presence at the City Council meeting, but you obviously have our strong support in awarding this contract. Bill Arnold, RCOA President