HomeMy WebLinkAbout2011-10-25; City Council; 20727; APPROVE AGREEMENT ATKINSCITY OF CARLSBAD &13
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
AB# 20,727
MTG. 10/25/11
DEPT. UTIL
APPROVE AGREEMENT WITH ATKINS TO PREPARE
PROGRAM ENVIRONMENTAL IMPACT REPORT FOR
SEWER, WATER, AND RECYCLED WATER MASTER
PLAN UPDATES, AND PHASE III RECYCLED WATER
PROJECT, PROJECT NOS. 551 1, 5016 AND 5022
DEPT. DIRECTOR~~X^X
CITY ATTORNEY ffy(
CITY MANAGER i t_I—
RECOMMENDED ACTION:
Board of Directors of the Carlsbad Municipal Water District (CMWD) Adopt Resolution No. 1429
approving and authorizing a Professional Services Agreement with Atkins to prepare Program
Environmental Impact Report for Sewer, Water, and Recycled Water Master Plan Updates, and
Phase III Recycled Water Project Environmental Review, Project Nos. 5511, 5016, 5022.
City Council of the City of Carlsbad Adopt Resolution No. 2011-257 approving the reimbursement of
funds to the Carlsbad Municipal Water District (CMWD) for the preparation of a Program
Environmental Impact Report for the Sewer Master Plan Update, Project No. 5511.
ITEM EXPLANATION:
Staff is preparing updates to the sewer, water and recycled water master plans through three
professional services agreements as follows:
• Sewer Master Plan - Dudek, agreement approved by City Council Resolution No. 2008-328
• Water Master Plan - PBS&J (now called Atkins), agreement approved by Board Resolution No.
1362
• Recycled Water Master Plan - Carollo Engineers, agreement approved by Board Resolution No. 1363
Draft documents of all three master plan updates have been prepared. To proceed with the Board's
consideration for adoption of the three master plans requires completing a California Environmental Quality
Act (CEQA) review through preparation of a Program Environmental Impact Report (PEIR). In addition,
staff is preparing a Feasibility Study for a Phase III recycled water master plan project which requires
environmental review for project approval and to obtain federal, state, and local funding.
To prepare the PEIR and Phase III Recycled Water project environmental review staff solicited
proposals on August 18, 2011 from three consulting firms including RBF, Dudek, and Atkins. On
September 13, 2011 staff received two proposals from the firms of Dudek and Atkins pursuant to the
RFP. Staff carefully reviewed and scored the proposals based upon specified criteria consistent with
Carlsbad Municipal Code Section 3.28.070. Based on the ranking of the proposals by the selection
committee, staff is recommending to the Board that a professional services agreement be executed
with Atkins, Inc. for the preparation of the PEIR and Phase III Recycled Water project environmental
review. The source of funds is the sewer, water and recycled water master plan appropriations for
DEPARTMENT CONTACT: William Plummer, (760) 602-2768, bill.plummer@carlsbadca.aov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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Project Nos. 5511, 5016, and 5022, respectively.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within
the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause
either a direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment, and therefore does not require environmental review.
FISCAL IMPACT:
The total cost for Atkins to prepare the PEIR and Phase III Recycled Water Project environmental
review is $128,423 and $30,930, respectively for a total cost of $159,353. As shown in Table 1 the
combined Sewer, Water and Recycled Water budget for the "CEQA Compliance" totals $195,000.
Therefore, sufficient funds are available for the professional services agreement. Table 1 shows the
current status of expenses for the sewer, water, and recycled water master plans.
TABLE 1 - SUMMARY OF MASTER PLAN UPDATE EXPENSES
SEWER MASTER PLAN UPDATE, PROJECT NO. 5511
TASK DESCRIPTION
Sewer Master Plan, Administration, Misc.
CEQA Compliance
TOTAL
APPROPRIATED
TO DATE
$485,000
$75,000
$560,000
EXPENDITURES/
ENCUMBRANCES
TO DATE
$349,136
$0
$349,136
REMAINING
$135,864
$75,000
r ' ^iQJSp
WATER MASTER PLAN UPDATE, PROJECT NO. 5016
Water Master Plan, Administration, Misc.
CEQA Compliance
TOTAL
$640,000
$60,000
$700,000
$523,643
$0
$523,643
$116,357
$60,000
, ' '$'?6>35?
RECYCLED WATER MASTER PLAN UPDATE, PROJECT NO. 5022
Recycled Water Master Plan,
Phase III Project Feasibility Report
Administration, Misc.
CEQA Compliance
TOTAL
APPROPRIATION REMAINING
ADDITIONAL APPROPRIATION REQUIRED
$612,468*
$60,000
$672,468
$585,437
$0
$585,437
$27,031
$60,000
$87,031
$474,252
None
* In accordance with the Local Investigations and Studies Assistance Program (LISA) agreement approved
through adoption of Board Resolution No. 1363, the SDCWA will reimburse CMWD up to $170,500 for the
"Encina Basin Water Reclamation Program - Phase III Project Feasibility Study". The amount received to date
is $130,785.
The cost for the PEIR will be distributed to each master plan as shown in Table 2. The cost share of
the PEIR relative to the Sewer Master Plan Update will be reimbursed to CMWD by the City of
Carlsbad from appropriation of Project No. 5511.
PageS
TABLE 2 - COST SHARE FOR ATKINS PROFESSIONAL SERVICES AGREEMENT
Master Plan Update
Sewer PEIR
Water PEIR
Recycled Water PEIR
Subtotal
Recycled Water Phase III project (CEQA)
Total
Cost Share
$49,677
$49,676
$29,070
$128,423
$30,930
$159,353
Percent Share of flilR
38.68%
38.68%
22.64%
100%
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EXHIBITS:
3.
Resolution No.1429 of the Board of Directors of the Carlsbad Municipal Water
District to approve a Professional Services Agreement with Atkins for preparation of a Program
Environmental Impact Report for Sewer, Water and Recycled Water Master Plan Updates, and
Environmental Review of the Phase III Recycled Water Project, Project Nos. 5511, 5016, and
5022.
Resolution No.2011-257 of the City Council of the City of Carlsbad approving the
reimbursement of funds to the Carlsbad Municipal Water District (CMWD) for the preparation
of a Program Environmental Impact Report for the Sewer Master Plan Update, Project No.
5511.
Professional Services Agreement between the Carlsbad Municipal Water District and Atkins
for Preparation of Program Environmental Impact Report for Sewer, Water, and Recycled
Water Master Plan Updates, and Phase III Recycled Water Project, Project Nos. 5511, 5016,
and 5022.
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RESOLUTION NO. 1429
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A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
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CARLSBAD MUNICIPAL WATER DISTRICT TO APPROVE A
PROFESSIONAL SERVICES AGREEMENT WITH ATKINS FOR
PREPARATION OF A PROGRAM ENVIRONMENTAL IMPACT
REPORT FOR THE SEWER, WATER, AND RECYCLED WATER
MASTER PLAN UPDATES, AND ENVIRONMENTAL REVIEW
OF THE PHASE III RECYCLED WATER PROJECT, PROJECT
NOS. 5511. 5016. AND 5022.
WHEREAS, the City Council of the City of Carlsbad, California approved the preparation
of an update to the Sewer Master Plan, Project No. 5511, with Dudek by Resolution No. 2008-328;
and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District (CMWD)
approved the preparation of a Water Master Plan Update, Project No. 5016, with Atkins by
Resolution No. 1362; and
WHEREAS, the Board of Directors of the CMWD approved the preparation of a
Recycled Water Master Plan Update, and Phase III Recycled Water Project Feasibility Study,
15 Project No. 5022, with Carollo Engineers by Resolution No. 1363; and
16 WHEREAS, draft reports of the Sewer, Water and Recycled Water Master Plan Updates
17 have been prepared; and the Phase III Recycled Water Project Feasibility Study is being
1 ft completed, and
19 WHEREAS, for consideration of adoption of the Sewer, Water, and Recycled Water
20 Master Plan Updates a Program Environmental Impact Report (PEIR) is required, and
21 environmental review of the Phase III Recycled Water Project is required for project approval and
22 to obtain, federal, state and local funding for design and construction; and
23 WHEREAS, a request for proposal to prepare the PEIR and Phase III Recycled Water
24 Project environmental review was issued to three firms and proposals were received from Dudek
pc and Atkins; and
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WHEREAS, based on a review of the proposals and a rating analysis, staff recommends
that a professional services agreement with Atkins be approved in the amount of $128,423 for the
PEIR and $30,930 for the Phase III Recycled Water Project environmental review with a total cost
of $159,353; and
WHEREAS, there are sufficient funds appropriated for Project No. 5511, 5016, and 5022
for cost share of the PEIR and Phase III Recycled Water project environmental review.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
Municipal Water District, as follows:
1. That the above recitations are true and correct.
2. That the President of the Carlsbad Municipal Water District is hereby authorized
and directed to execute the Professional Services Agreement with Atkins for the preparation of the
PEIR and Phase III Recycled Water project environmental review.
3. That the funding cost share for the Sewer Master Plan Update PEIR is 38.68
percent of PEIR preparation cost, estimated at $49,677, which will be reimbursed to CMWD by the
City of Carlsbad from funding appropriated for Project No 5511.
16 4. That the funding cost share for the Water Master Plan Update PEIR is 38.68
percent of PEIR preparation cost, estimated at $49,676 which will be funded from the
18 appropriation of Project No. 5016 and 5022.
1Q 5. That the funding cost share for the Recycled Water Master Plan Update PEIR is
20 | 22.64 percent of PEIR preparation cost, estimated at $29,070 which will be funded from the
21 appropriation of Project No. 5022.
22 6. That the funding for the Phase III Recycled Water Project environmental review in the
23 amount of $30,930 will be obtained from funding appropriated for Project No. 5022.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council,
held on the 25th day of October, 2011, by the following vote to wit:
AYES: Hall, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: Kulchin.
MATT HALL, President
ATTEST:
(SEAL)
M. WOOD, Secretary
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PLAN UPDATE. PROJECT NO. 5511
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(v/W J-
RESOLUTION NO. 2011-257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE REIMBURSEMENT OF
FUNDS TO THE CARLSBAD MUNICIPAL WATER DISTRICT
(CMWD) FOR THE PREPARATION OF A PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR THE SEWER MASTER
WHEREAS, the City Council of the City of Carlsbad, California approved the preparation
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of an update to the Sewer Master Plan, Project No. 5511, with Dudek by Resolution No. 2008-328;
and
WHEREAS, a draft report of the Sewer Master Plan Update has been prepared; and
WHEREAS, a Program Environmental Impact Report (PEIR) is required for
consideration for the adoption of the Sewer Master Plan Update; and
WHEREAS, at this time, a professional services agreement with Atkins for the
preparation of a PEIR for sewer, water and recycled water master plans in the amount of $159,353
has been submitted to the Carlsbad Municipal Water District Board for consideration; and
WHEREAS, the City of Carlsbad's cost share is $49,677 (38.68 percent) for preparation
of the PEIR for the sewer master plan; and
WHEREAS, there are sufficient funds appropriated in Project No. 5511 for the cost share
of the PEIR for the sewer master plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Finance Director is directed to reimburse the CMWD from the sewer
replacement fund as appropriated in Project No. 5511 for the cost share of 38.68 percent to
prepare the PEIR for the Sewer Master Plan Update.
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1 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
2 Carlsbad City Council and Carlsbad Municipal Water District Board of Directors, held on
3 the 25th day of October, 2011, by the following vote to wit:
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AYES: Hall, Blackburn, Douglas and Packard.
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6 NOES: None.
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MATT HALL, Mayor
1NE M. WOOD, City Clerk
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UTIL846
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
(ATKINS NORTH AMERICA, INC.)
THIS AGREEMENT is made and entered into as of the o day of
2011, by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary
District of the City of Carlsbad, referred to as ("CMWD"), ATKINS NORTH AMERICA, INC., a
Florida corporation, ("Contractor").
RECITALS
A. CMWD requires the professional services of an environmental consultant that is
experienced in environmental analysis processes.
B. Contractor has the necessary experience in providing professional services and
advice related to program environmental impact reports.
C. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD 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 one (1) year from the date first above
written. The Executive Manager may amend the Agreement to extend it for one (1) additional
one (1) year periods. Extensions will be based upon a satisfactory review of Contractor's
performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The
parties will prepare a written amendment indicating the effective date and length of the extended
Agreement.
4. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
one hundred fifty nine thousand three hundred fifty three dollars ($159,353). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%)
retention until CMWD has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
General Counsel Approved Version #05.06.08
5. 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 CMWD. Contractor
will be under control of CMWD only as to the result to be accomplished, but will consult with
CMWD as necessary. The persons used by Contractor to provide services under this
Agreement will not be considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. CMWD will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD
and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers' compensation payment which
CMWD may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD
may deduct the indemnification amount from any balance owing to Contractor.
6. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
CMWD 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 CMWD. 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
CMWD.
7. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
8. 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 by any negligence,
recklessness, or willful misconduct 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.
9. 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
General Counsel Approved Version #05.06.08
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH", OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
9.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless the
General Counsel or Executive 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. CMWD, 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.
9.1.1 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.
9.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's
work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
9.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this.
9.1.4 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.
9.2. Additional Provisions. Contractor will ensure that the policies of insurance required
under this Agreement contain, or are endorsed to contain, the following provisions:
9.2.1 The CMWD and the City of Carlsbad will be named as an additional insured
on General Liability.
9.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
9.2.3 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 CMWD
sent by certified mail pursuant to the Notice provisions of this Agreement.
9.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of
this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
9.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then CMWD 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
General Counsel Approved Version #05.06.08
maintain the required coverages. Contractor is responsible for any payments made by CMWD
to obtain or maintain insurance and CMWD may collect these payments from Contractor or
deduct the amount paid from any sums due Contractor under this Agreement.
9.5 Submission of Insurance Policies. CMWD reserves the right to inspect, at anytime,
complete and certified copies of any or all required insurance policies and endorsements at a
location convenient to the City.
10. 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.
11. 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
CMWD 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.
12. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of CMWD. 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 CMWD. Contractor will have the right to make one (1)
copy of the work product for Contractor's records.
13. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and
Contractor relinquishes all claims to the copyrights in favor of CMWD.
14. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD For Contractor
Name David Ahles Name Kim B. Hewlett
Title Senior Engineer Title Associate Vice President
Department Utilities Address 9275 Sky Park Court Ste 200
City of Carlsbad San Diego, CA 92123
Address 1635 Faraday Avenue Phone No. 858-874-1810
Carlsbad, CA 92008
Phone No. 760-602-2748
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.
General Counsel Approved Version #05.06.08
15. CONFLICT OF INTEREST
CMWD will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and CMWD'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 Secretary of the Board those schedules
specified by CMWD 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 CMWD an affidavit disclosing this interest.
16. 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.
17. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
18. 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 CMWD 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 (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded
to the Executive Manager. The Executive 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 Executive 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.
19. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD
may terminate this Agreement for nonperformance by notifying Contractor by certified mail of
the termination. If CMWD decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver
General Counsel Approved Version #05.06.08
any documents owned by CMWD and all work in progress to CMWD address contained in this
Agreement. CMWD will make a determination of fact based upon the work product delivered to
CMWD and of the percentage of work that Contractor has performed which is usable and of
worth to CMWD in having the Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to CMWD. 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. CMWD will make the final determination as to the
portions of tasks completed and the compensation to be made.
20. 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, CMWD 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.
21. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD
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 CMWD, 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 CMWD 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 CMWD to terminate this
Agreement.
22. 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.
23. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD 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 CMWD, which shall not be unreasonably withheld.
General Counsel Approved Version #05.06.08
6
24. 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.
General Counsel Approved Version #05.06.08
25. 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
ATKINS NORTH AMERICA,
Florida corporation
INC., a
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Carlsbad
By:
(sign here)
David J. Carter
Senior Vice President
(print name/title)
david.cartercatkinsglobal.com
(e-mail address)
ATTEST;
f (sign here)
Rene de los Rios
Assistant Secretary
(print name/title)
rene.delosrioseatkinsglobal.com
(e-mail address)
*«=.-. ^••T'»
!•*: SEAL ''%l
*''- 1960 -"
If required by CMWD, proper notarial acknowledgm
be attached. If a Corporation. Agreement must be
each of the following two groups.
ontractor must
rate officer from
*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(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
Deputy General Counsel \
8
General Counsel Approved Version #05.06.08
NOTARY ACKNOWLEDGEMENT
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE}
PERSONALLY APPEARED before me, the undersigned authority,
David J. Carter and Rene de los Rios , well known to me or who has produced
as identification and known
by me to be the Senior Vice President and Assistant Secretary of the
corporation named above, and acknowledged before me that they executed the foregoing instrument
on behalf of said corporation as its true act and deed, and that they were duly authorized to do so.
WITNESS my hand and official seal this 11th day of October, 2011.
1<OTARY PUSL$
Print Name: DEBORAH LYNN SHIMEL
My Commission Expires: Nov. 13, 2013
DEBORAH LYNN SHIMEL
f»: w MY COMMISSION # DD 924543
EXPIRES: November 13,2013
EXHIBIT A
CARLSBAD SEWER, WATER, RECYCLED WATER MASTER PLANS EIR
AND
PHASE III RECYCLED WATER PROJECTS MND
The following describes the scope of work for Carlsbad Sewer, Water and Recycled Water Master Plans
PEIR and the Phase III Recycle Water Projects (Recycle Water Projects) MND. The PEIR and MND will be
prepared by Atkins staff, with no assistance from subconsultants.
Master Plans Program EIR
Notice of preparation
Prepare the Notice of Preparation (NOP), which will include a project description, potential
environmental impacts, and location maps, and submit it to the city for review. Prepare one set of
minor revisions to the NOP based on city comments and submit the revised NOP to the city for copying
and distribution. Prepare a table that summarizes the NOP comments received during the 30-day NOP
public review period, and identify the section(s) of the PEIR where each comment is addressed. This
table will be included in Appendix A of the PEIR, along with copies of the NOP and all NOP comment
letters received.
Draft Program EIR
The PEIR will be prepared in accordance with CEQA (Public Resources Code Section 21000, et seq.) and
the procedures for implementation of CEQA set forth in the State CEQA Guidelines (California Code of
Regulations, Section 15000, et seq.). The EIR will be a Program EIR, which is designed to generally
analyze broad environmental effects of a program, while acknowledging that site-specific environmental
review for individual projects under the program may be required in the future. Use of a Program EIR
provides the following advantages as compared to the preparation of multiple environmental review
documents for individual projects. A Program EIR:
• Provides a more thorough consideration of environmental impacts and alternatives
• Ensures consideration of cumulative impacts that otherwise may not be fully analyzed
• Avoids duplicity of the analysis
• Allows the lead agency to consider broad policy alternatives and mitigation measures early in the
process when the agency has greater flexibility to deal with impacts
• Reduces paperwork
The following discussion provides additional clarity regarding the provisions of the scope of work
identified below.
The environmental analysis chapter of the EIR will include the following for each environmental topic:
existing conditions, impact significance thresholds, impacts, significant impacts, mitigation, impact
significance after mitigation, and cumulative impacts.
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The existing condition subsection will provide a description of the existing conditions of the project site,
specific to each environmental topic area.
The impact significance thresholds subsection will include thresholds of significance based on prior City of
Carlsbad EIR significance thresholds, Appendix G of the CEQA Guidelines, and local applicable conditions, as
well as applicable federal, state, regional, and local agency regulations that apply to the specific
environmental topic area.
The impacts subsection will analyze the topic area against the thresholds, and a determination will be
made whether the project would or has the potential to result in a significant impact, less than significant
impact, or that no impact would occur. If the project is found to have a significant impact, then the
supporting analysis will follow.
The significant impacts subsection will provide a list and brief description of each significant impact
identified for that topic area.
The mitigation subsection will describe mitigation measures, and, when possible, mitigation measures
will be specified by the phase when they need to be provided rather than tied to the project as a whole.
Fair share contribution to mitigation will be identified for cumulative project impacts, to the extent
possible.
The impacts significance after mitigation subsection will provide a list and brief description of the
impact level after mitigation measures would be implemented.
The cumulative impacts subsection will include an analysis of the proposed project and related past,
present, and probable future projects that would contribute to the degradation of the environment in
each topic area. This section will address each of the environmental topic subsections addressed in the
PEIR. For each topic subsection, four questions will be addressed in the analysis:
1. What is the geographic context of the analysis?
2. Does a significant cumulative impact exist?
3. If so, what is the project's contribution before implementation of project-level mitigation measures?
4. What is the project's contribution after implementation of project-level mitigation measures?
Summary
This section of the PEIR will contain all elements required in CEQA Guidelines §15123, including a
synopsis of the project; a tabular presentation of environmental issues, their impacts, mitigation
measures, and impacts after the mitigation measure is implemented; and a summary of each project
alternative. In addition, this section will provide the CEQA-required discussion of areas of known
controversy and unresolved issues.
Introduction
Atkins will prepare an Introduction to the PEIR, describing the project background and the discretionary
approvals required. It will include the purpose of the PEIR, the type of EIR, the PEIR process, the
intended uses of the PEIR, and an overview of the format and content of the PEIR. It will also provide a
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discussion of information sources such as the Carlsbad PEIR for the Water and Sewer Master Plan
Updates, October 2003 and the environmental documentation associated with the Carlsbad
Desalination Plant.
Environmental setting
The environmental setting will be prepared as described in CEQA Guidelines §15125, and will briefly
describe physical conditions as they exist in the project vicinity, with emphasis on conditions important
to the analysis of impacts, especially any that are considered rare or unique to the region. This section
will also include information on existing applicable general and regional plans in the city and
surrounding area.
Project description
The project description section will be prepared to comply with all requirements of CEQA Guidelines
§15124 and will include a discussion of the project's location and boundaries; purpose and need;
primary features, including background of the project, technical, economic and environmental
characteristics; general aspects of project construction and operation; and improvements proposed as
part of the project that would reduce or eliminate potential environmental impacts. The project
description, including graphic materials will be based solely on information provided by the city and will
account for all three service areas for each master plan. This part of the PEIR will also provide the
project objectives, which will be developed in consultation with city staff. The project objectives are a
key element of the project description because they set the parameters for developing the project
alternatives. Accompanying the project description will be a complete list of all responsible and trustee
agencies and necessary discretionary actions, including permits, characterized by jurisdiction. The CIP
projects for each Master Plan will in included in tabular form, as well as a table of standard design
features and construction measures.
Environmental analysis chapter
An introduction to this chapter will be included, which provides background information regarding CEQA
requirements and the environmental issues to be addressed. This part of the PEIR will also include a
discussion of the geographic area or universe for consideration of cumulative impacts for each
environmental topic to set the stage for the cumulative impact analysis that will be provided under each
environmental topic.
Aesthetics. Prepare the aesthetics section of the PEIR based on aesthetics information found in the
2003 PEIR prepared for the prior master plans and update the impact analysis to reflect changes to the
CIP program.
Air quality. Atkins will update the information regarding air quality found in the 2003 PEIR, such that it
reflects current existing conditions. We will then quantify the pollutant emissions resulting from
construction of the CIP projects, assuming a worst-case construction scenario using the URBEMIS 2007
or CALEEMOD model. We will then estimate emissions of criteria pollutants associated with operation
of CIP facilities, such as pump stations, using assumptions approved by the city, and conduct an
evaluation of significance of the emissions in accordance with SCAQMD CEQA guidance.
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Atkins will then evaluate, either quantitatively or qualitatively, the significance of the construction and
operational emissions to violate an air quality standard, contribute substantially to an existing or
projected air quality violation, or result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is in nonattainment. As part of the analysis, we will evaluate
mitigation measures as necessary to reduce potential impacts associated with construction and
operation. Atkins will then provide a menu of programmatic mitigation measures that would apply to
different types of subsequent projects in the future. It is anticipated that in most cases, adherence to
San Diego Air Quality Control District rules and regulations will mitigate possible adverse impacts. We
will also discuss the project's potential to expose sensitive receptors to substantial pollutant
concentrations and create objectionable odors.
Biological resources. Update the existing biological resources information found in the 2003 PEIR based
on a review of existing information sources, including readily available aerial imagery, topographic maps,
and soils maps, in addition to the California Department of Fish and Game (CDFG) Natural Diversity
Database (CNDDB), California Native Plant Society Electronic Inventory (CNPSEI), Calflora Plant
Observation database, Consortium of California Herbarium, San Diego Natural History Museum Species
Atlas database, U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory and Critical Habitat
databases, SanGIS vegetation database, and adopted City of Carlsbad Habitat Management Plan (HMP).
Prepare a study area vegetation map that identifies the location of any natural habitat in the vicinity of
CIP projects consistent with the 2003 PEIR format. Also provide a description of the data assembled,
including sensitive species, habitats, wetlands and other sensitive biological resources with the potential
to occur in the vicinity of CIP projects.
Similar to the 2003 PEIR, the biological resources analysis will first eliminate project components that
would not have the potential to result in significant impacts. The remaining up to 25 CIP projects would
be evaluated in more detail for potential impacts to biological resources from construction and
operation in accordance with Appendix G of the CEQA Guidelines, including potential impacts on
sensitive species, riparian habitat and sensitive natural communities, federally protected wetlands,
wildlife corridors and nursery sites, local policies and ordinances, and the city's HMP. Specifically,
address potential project impacts from facilities shown in natural areas, such as the water line proposed
in a natural area owned by the CDFG, in addition to the project's consistency with city's adopted HMP,
which was not yet adopted by the agencies when the 2003 PEIR was certified.
Incorporate relevant standard project design features and construction measures of the 2003 PEIR and
propose programmatic mitigation measures to be implemented for potential significant impacts to
biological resources.
Cultural resources. Atkins will update the existing cultural resource information found in the 2003 PEIR
through a record search of known historic and prehistoric sites at the San Diego South Coast Information
Center for potential CIP projects sites and will also include the paleontological information found in the
2003 PEIR. Based on record search results, potential for impacts to known cultural resources sites from
construction of the CIP project facilities will be evaluated. A cultural resources PEIR section will be
prepared which evaluates the significance of potential impacts, discussing the potential and means for
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impact reduction, and recommends feasible mitigation, if applicable. Typically, mitigation can be
achieved at the specific project design stage to avoid known resources by field survey, testing, data
recovery procedures, and construction monitoring. Detailed record searches will be deferred to the
specific CIP project environmental review process.
Energy. CEQA Guidelines Appendix F was revised in 2010 and requires a thorough analysis of energy
usage associated with a project addressed in an EIR and therefore, a detailed energy analysis is included
in this scope of work. Atkins will describe the energy usage of the existing master plans facilities based
on information provided by the city. We will also describe the regulatory framework and impact
significance thresholds for energy usage, prepare a general impact analysis of energy use associated
with CIP construction, address energy usage associated with operation of proposed CIP facilities (both
transportation energy and electricity demand) based on information provided by the city. Then describe
mitigation measures, if appropriate.
Geology and soils. This section of the PEIR will rely on the information regarding geology and soils
found in the 2003 PEIR prepared for the prior Master Plans with supplemented information, where
appropriate.
Greenhouse gas emissions (GHG). GHG is a new environmental topic that was included with the
adoption of the revised CEQA Guidelines in March of 2010. As such, Atkins will provide an overview of
global climate change issues and a description of the most common GHG constituents. A GHG inventory
on a regional (San Diego County) and local (City of Carlsbad) level will be provided. Current activities on
the project site will be evaluated for GHG emissions and will serve as the baseline against which the
project's GHG emissions will be compared.
We will identify and summarize applicable legislation (e.g., Assembly Bill 1493, Executive Order S-3-05,
and Assembly Bill 32) in this subsection. We will conduct an inventory of GHG emissions based on
modeling for the Master Plans facilities using the URBEMIS 2007 or CALEEMOD model for both
construction and operation activities. Assumptions for use of construction equipment and phasing will
be provided by the city. If this information is not available standard assumptions will be used.
The project's compliance with the emission reduction strategies recommended by the California Climate
Action Team (CCAT), the California Air Pollution Control Officers Association (CAPCOA), the City of
Carlsbad, and the California Attorney General will be assessed. Atkins will determine impact significance
based on the CEQA Guidelines, and other GHG impact thresholds, such as those adopted by the Bay
Area Air Quality Management District. Atkins recently used these latter thresholds for the Vallecitos
Water District 2008 Water, Wastewater, and Recycled Water Master Plan PEIR. Then we will
recommend mitigation measures, if appropriate. None are expected.
Hazards and hazardous materials. This section of the PEIR will rely on the information regarding
hazards and hazardous materials found in the 2003 PEIR prepared for the prior Master Plans.
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Hydrology and water quality. Update the information regarding hydrology and water quality provided
in the 2003 PEIR, where appropriate based on secondary information sources. An example of
information that has changed since 2003 is the NPDES regulations as it pertains to water quality.
Land Use and planning. Update the information regarding land use and planning provided in the 2003
PEIR, where appropriate based on secondary information sources. Examples of information that has
changed since 2003 is the adoption of Carlsbad's HMP and the Carlsbad General Plan Update, which is
currently in progress.
Noise. Update the information regarding noise based on any changes to the existing noise environment
through secondary information source research. Also, update the impact analysis and mitigation
measures based on the CIP program associated with the proposed Master Plans.
Transportation/traffic. Update the information regarding transportation/traffic provided in the 2003
PEIR, where appropriate based on secondary information sources.
Other CEQA Considerations
Atkins will prepare the following sections of the PEIR:
Growth inducement. Update the growth inducement section in the 2003 PEIR to reflect current
conditions.
Significant irreversible environmental changes resulting from project implementation. In accordance
with Sections 15126.2(b) and (c) of the CEQA Guidelines, Atkins will prepare this section of the PEIR to
include a discussion of significant environmental effects that cannot be avoided, and a discussion of the
significant irreversible changes that would result from the implementation of the proposed project.
Environmental effects found not to be significant. This chapter will briefly address those issues that
were not analyzed in the PEIR, which include agricultural resources, mineral resources, population and
housing, public services, recreation, and utilities and service systems based on information in the 2003
PEIR and secondary information sources.
Alternatives. Update the alternatives section provided in the 2003 PEIR using information provided by
the city. The alternatives section will discuss the no project alternative, and two other project
alternatives. In accordance with CEQA Guidelines the alternative discussion will not be as detailed as the
master plan analysis and will include a comparison of impacts associate with the proposed project. In
addition, the environmentally superior alternative will be discussed.
Prepare screencheck PEIR revisions
Atkins will prepare and submit two screencheck draft PEIRs (two sets of revisions) for review by city
staff. Atkins will prepare requested revisions to each of these submittals based on one unconsolidated,
non-contradictory set of comments from reviewers for each of the two screencheck draft PEIRs within
the limits of a 60-hour professional staff budget. The copies of the 1st and 2nd screencheck draft PEIR
that will be submitted to the city are listed below.
Page 6 of 13
• Four (4) 1st screencheck copies of the draft PEIR documents for city staff review (including MMRP,
appendices and exhibits) in 3-ring binders
• Four (4) 2nd screencheck copies of the revised draft PEIR documents (including any revised
appendices and exhibits) in 3-ring binder
Prepare notice of completion (NOC)
Prepare the NOC form and provide an electronic version of this form to the city for submittal to the
State Clearinghouse.
Prepare draft PEIR public review copies
The number and form of draft PEIR copies that will be submitted to the city are listed below.
• Five (5) 3-ring-binders and five (5) spiral-bound copies, both with CD appendices
• Twenty-five (25) CD copies (including appendices)
• Fifteen (15) copies of the PEIR summary and fifteen (15) CD copies of the draft PEIR (including
appendices)
• One CD copy of all documents in a format that can be easily posted (i.e. broken down into chapters)
to the city's website
Prepare and revise response to comments/final PEIR
Prepare and revise responses to written comments received on the draft PEIR within the limits of a 40-
hour professional time budget. This will entail reading and numbering all comments, as well as assigning
comments to members of the Atkins team and possibly to city staff. The effort to respond to these
comments is not expected to require new fieldwork or substantial new analyses.
Atkins will prepare the final draft PEIR which will include the response to comments section, any
changes to the draft PEIR, a list of persons, organizations and public agencies commenting on the draft
PEIR, and any relevant or supporting information. Following city review, Atkins will prepare one set of
requested revisions to the final draft PEIR, within the limits of an 8-hour professional time budget.
The number and form of response to comments and Final Draft PEIR copies that will be submitted to the
city are listed below.
• Four (4) 1st screencheck copies of the responses to comments, final draft PEIR documents, and any
necessary amendments to the technical appendices in 3-ring binders
• Four (4) 2nd screencheck copies of the responses to comments and any necessary revisions to the
final draft PEIR documents or technical appendices in 3-ring binders
Prepare candidate CEQA findings
Atkins will prepare draft candidate CEQA findings pursuant to the requirements of Section 15091(a) of
the CEQA Guidelines. The findings will be prepared in three sections: 1) those environmental effects of
the project that will be mitigated by measures incorporated into the project; 2) those impacts that are
within the jurisdiction of another agency; and 3) those impacts that, for legal, social, technological, or
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other considerations including provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives infeasible. The 2003 PEIR found no significant
unavoidable impacts and therefore a statement of overriding considerations was unnecessary. It is
anticipated that this PEIR will result in the same conclusion and therefore the preparation of a
statement of overriding considerations is not included in this scope of work. The draft candidate findings
will be submitted to the city for review. Atkins will make one minor set of revisions to the candidate
findings based on city comments. Atkins will prepare the notice of determination and provide it to the
city for their use.
Mitigation monitoring and reporting program (MMRP)
Atkins will prepare the MMRP consistent with Public Resources Code § 21081.6 based on the mitigation
measures in the PEIR. The MMRP will be prepared in tabular format and will identify the following: 1)
the mitigation measure; 2) the monitoring effort; 3) the time frames for implementing the mitigation
and verifying that the mitigation has been implemented; 4) the persons/agencies responsible for
carrying out the mitigation and verification; and 5) the dates when the mitigation and monitoring
activities have been completed. The MMRP will be clear and concise and will stand alone as a separate
document. The MMRP will be submitted to the city for review. One set of minor revisions will be
prepared to the MMRP based on city comments.
Future CIP project CEQA review template
To maximize the usefulness of the PEIR for future CIP projects, Atkins will prepare a CIP project CEQA
review template. The template will be based on the CEQA Guidelines Appendix G Environmental
Checklist Form (Initial Study). The template will first divide the future CIP projects into two categories:
1) those that do not require additional environmental review because the standard project design
features and construction measures included as part of the CIP would result in no, or less than
significant impact, and 2) those that would result in a significant impact that would require mitigation.
The information regarding the two categories of projects would be obtained from the PEIR. For those
projects that would result in a significant impact, the Initial Study would be prepared that would refer to
information presented in the PEIR, for both the topics that would result in a less than significant impact
and those that would result in a significant impact. Mitigation measures from the PEIR will be included
for each topic that can be deleted if they don't apply to the particular CIP project. For those topics (e.g.,
agriculture, recreation, and public services) that are addressed in the Effects Not Found to be Significant
section of the PEIR, additional effort will be required to prepare responses to the questions in the Initial
Study template.
Atkins will submit four hard copies and an electronic copy of the template to City staff for review and
prepare one set of revisions within the limits of a 12-hour professional staff budget. Four hard copies
and an electronic copy of the revised template will be submitted to the City for their use.
Page 8 of 13
Copies of final draft PEIR
The number and form of final draft PEIR copies that will be submitted to the city are listed below.
• Five (5) 3-ring binder copies of the final draft PEIR with CD appendices
• Ten (10) spiral-bound copies of the final draft PEIR with CD appendices
• One (1) unbound reproducible copy of the final draft PEIR (including MMRP and Findings of Fact)
• Five (5) CD copies of the final draft PEIR (including technical appendices)
• One (1) electronic copy of the Findings of Fact
• One (1) electronic copy of the MMRP
• One (1) CD copy of all documents in a format that can be easily posted (i.e. broken down into
chapters) to the city's website
Certified Final PEIR
Atkins will prepare revisions to the Final Draft PEIR documents based on any changes that occurred
during the public hearing and certification process within the limits of an eight-hour professional staff
budget.
The number and form of certified final PEIR clean copies that will be submitted to the city are listed
below.
• Ten (10) spiral-bound copies of the certified final PEIR with CD appendices
• Five (5) spiral-bound copies of the technical appendices
• One (1) unbound reproducible copy of the certified final PEIR (including MMRP and Findings of Fact)
• One (1) Master CD from which copies can be made which incorporates any changes made to the
final draft PEIR documents during the public hearing and certification process
Attend public meetings/hearings
Atkins will prepare for and attend one public hearing regarding the PEIR.
Phase III recycle water projects
The environmental document proposed for the Recycle Water Projects is an initial study and mitigated
negative declaration (IS/MND), because all of the proposed projects would occur within roadways or
disturbed areas (e.g., the recycle water treatment plant expansion). The scope of work for the IS/MND is
provided below and would rely to a large extent on information generated as part of preparing the EIR
described above. Atkins will undertake the following tasks to prepare the IS/MND for the project.
Biological Resources
Because the IS/MND is for a specific project, it is important that impacts associated with biological
resources are appropriately documented. In this regard, a biological resources study is included as part
of the IS/MND to address the recycle water treatment plant expansion and Twin D Tanks new recycle
water storage tank. The tasks are as follows.
Page 9 of 13
1. Conduct a pre-survey investigation by reviewing the biological resource information included in
the PEIR described above, as well as other background information such as geology and soils
data and readily available aerial photographs for the project.
2. Conduct a field survey of two project sites: 1) the recycle water treatment plant expansion; and
2) the Twin D Tanks new recycle water storage tank. Both of these projects are located within
existing developed sites.
3. Prepare a letter report that describes the results of the research and field surveys, and identifies
any impacts and mitigation measures. It will not include a vegetation map.
IS/MNP
Prepare the current CEQA initial study form consistent with Appendix G of the CEQA Guidelines for the
proposed project based on secondary information sources, the PEIR for the proposed Master Plans, the
2003 EIR and the biological resources letter report described above. Prepare the MND based on the
analysis from the initial study form. Atkins will provide four (4) hard copies and one electronic copy of
the IS/MND for staff review.
IS/MNP mitigation monitoring and reporting program
Atkins will prepare the draft MMRP based on the information presented in the initial study and submit
four hard copies and one electronic copy of the MMRP to the city for review and comment.
Revise IS/MND
Prepare two sets of revisions of the IS/MND within the limits of a 32-hour professional staff budget
based on two sets of unconsolidated, non-contradictory city comments. Atkins will provide four (4) hard
copies and one electronic copy of the revised IS/MND for staff review.
Revise IS/MND mitigation monitoring and reporting program
Atkins will prepare one set of minor revisions to the draft MMRP within the limits of a three-hour
professional staff budget. The final MMRP will be included as an appendix to the final IS/MND.
Draft MND public review
Prepare a notice of intent (NOI) and a notice of completion (NOC) for the IS/MND and submit them to
the city for their use. The city will prepare the NOI newspaper advertisement and place the ad in a
newspaper of general circulation. It is assumed that the city will be responsible for distribution of the
draft IS/MND. The number and form of IS/MND copies that will be submitted to the city are listed
below.
• Twenty-five (25) hard copies
• Five (5) CD copies
• One (1) master hard copy
• One (1) digital copy on CD in a format that can be easily posted to the city's website
Page 10 of 13
IS/MNP response to comments
Atkins will undertake the following tasks to respond to IS/MND public review comments.
1. Review and prepare responses within the limits of a 16-hour professional staff budget to comments
received on the draft IS/MND during the public review period. Atkins will number all comments and
prepare the response to comments section in a side by side format where the comment letter is
provided on the left side and the city's responses to the comments in the letter are provided on the
right side. Submit an electronic version of the response to comments to city staff for review.
2. Prepare one set of revisions to the response to comments based on one set of consolidated city
comments within the limits of an 8-hour professional staff time budget.
3. Submit an electronic version of the revised response to comments to city staff for final approval
prior to document finalization and printing. It is assumed that no additional revisions will be
requested by the city.
4. Prepare a final IS/MND based on the comments received during public review and submit an
electronic version of the final IS/MND to city staff for review prior to printing. It is anticipated that
any revisions to the final IS/MND would be minor and would not require additional research or
analysis beyond that provided in the draft IS/MND.
5. Prepare ten (10) hard copies and one (1) master CD copy of the final IS/MND. It is assumed that city
staff will distribute the final IS/MND to the appropriate parties.
Notice of Determination
Atkins will prepare a Notice of Determination (NOD) and submit it to the city for filing with the County
Clerk and the State Clearinghouse.
IS/MND management
The management tasks identified below for the PEIR are adequate to account for the IS/MND
preparation. Atkins will not attend any meetings or hearings specific to the IS/MND.
Project management
Joanne Dramko will be the Atkins project manager responsible for all aspects of PEIR preparation, as
well as the IS/MND, and will act as principal point of contact for the city. Mr. Kim Hewlett will be the
project director with responsibility for quality control, management oversight, and resource allocation.
As project manager, Ms. Dramko will organize and track the project in terms of technical scope of work,
budget, and scheduling; oversee its implementation; organize and oversee report preparation; and
participate in project team meetings. She will be responsible for completing the project on time and
within budget, while making sure that the product and its timeliness meets the city's needs. Ms. Dramko
will:
• Organize the various project tasks to ensure the fulfillment of contractual objectives
• Monitor the progress of the document preparation by the project team on a regular basis
• Identify and solve technical, scheduling, or budgetary problems
• Interact with the city and other public agencies
Page 11 of 13
• Coordinate and approve outgoing project correspondence
• Keep the city informed of significant project developments
• Oversee the organization, preparation, and publication of reports in draft and final form
• Monitor and evaluate the performance of project personnel
Meetings
The Atkins project manager and/or project director will attend up to three meetings with city staff to
facilitate the exchange of information and enhance coordination among the team members for both the
PEIRandtheMND.
Telephone conferencing
The Atkins project manager and key members of the project team will participate in up to ten 1-hour
meetings via teleconference with city staff to discuss project issues, schedule and progress during the
course of the PEIR process. As part of our management and telephone conferencing effort, we will
prepare and maintain an action item list. The action item list will be formatted as a table with
identification of the action item, individual responsible, date due, and status.
Quality control/CEQA compliance
Quality products associated with the PEIR will be achieved through a quality control program that
includes both internal and external review—continuously throughout document preparation and at key
milestones in the document preparation. Quality control will be achieved throughout the preparation of
the PEIR by various management techniques implemented by the project director. These techniques
include a review of draft materials before production; transmission of work among technical task
managers to promote information consistency within the document; and frequent if not daily
discussions with technical leaders to assess the status of the project and maintain direct control over
work priorities. Quality control will be conducted outside the project team by Diane Sandman, a senior
project manager at Atkins, and revisions will be implemented to ensure the documents are legally
defensible and CEQA compliant. In addition, a technical edit will be performed twice during the PEIR
process. The first will occur just prior to draft PEIR publication. The second will occur just prior to final
PEIR publication.
Cost control
Information regarding cost control is provided towards the end of Section 3, Project Team of this
proposal.
Schedule control
The project manager is responsible for ensuring overall adherence to the project schedule. To
accomplish this, internal milestones and deadlines for deliverables will be established with emphasis on
maintaining the integrity of the critical path for achieving the specified project completion date. Where
possible, milestones will be established such that minor changes will not impact the overall project
schedule. The project schedule is provided in Section 6 of this proposal and begins with the receipt of all
project information.
Page 12 of 13
On a regular basis, the project manager will compare actual progress and milestone achievement to the
project schedule, based on interviews with and a brief review of products prepared by PEIR professional
support staff. Significant deviations or problems in meeting the schedule will be identified, and any
necessary corrections or modifications will be made. All actual or potential conflicts with other project
requirements will be resolved through discussions with the professional staff. The regular review of
work completed versus schedule milestones will facilitate schedule management.
Project communications and reporting
Atkins provides complete documentation of project transactions through the use of letters, memoranda,
records of telephone conversations and meetings, and transmittal and fax cover sheets. Written
documentation allows for quality assurance through proper dissemination of information, and provides
a complete record that can be referenced as needed in the future. E-mail will be used to notify team
members of various activities and milestones, to expedite information transfer between city staff and
Atkins, and to maintain frequent communication and correspondence.
Filing fees
Filing fees are not included in the cost estimate for this proposal. It is assumed that the city will pay all
fees associated with the PEIR and IS/MND, such as the fee for the state Department of Fish and Game
due upon filing the NOD.
Page 13 of 13
LABOR ESTIMATE
Project Name: Carlsbad Sewer and Water Master Plans PEIR and
Phase III Recycle Water IS/MND
Client/Owner: City of Carlsbad
Project Manager: Joanne Dramko
Prepared By: Kim Hewlett
Proj/Prop No.:
Date: October 4, 2011
ATKINS
FEE SUMMARY
ITEM TOTAL
Labor $148,228
Outside Services $11,125
Contingency & Direct Costs $0
TOTAL $159,353
BILLING RATES
ENGINEERING SERVICES
Engineering Aide - EA $70
Engineer I - El $105
Engineer II - Ell $115
Engineer III - EMI $120
Senior Engineer I - SEI $130
Senior Engineer II - SEII $140
Senior Engineer III - SEMI $145
Supervising Engineer I - SPEI $155
Supervising Engineer II - SPEII $170
Principal Engineer I - PRI $180
Principal Engineer II - PRII $196
Principal Engineer III - PRIM $209
Principal Engineer IV - PRIV $219
ADMINISTRATIVE SERVICES
Admin Assistant I/Clerk - Al $60
Admin Assistant II (N6) - All $65
Admin Assistant III (N7) - AMI $75
Sr. Admin Assistant I (N8) - SAI $80
Sr. Admin Assistant II (N9) - SAM $85
Sr. Admin Assistant III - SAI 11 $95
Senior Administrator - SA $105
OTHER PROFESSIONAL SERVICES
Professional I/GIS Analyst - PI $90
Professional II/GIS Analyst II - Pll $101
Sr. Prof. l/Sr. GIS Analyst I - SPI $122
Sr. Prof Il/Sr. GIS Analyst II - SPII $125
Sr. Prof Ill/Sr. GIS Analyst III - SPIN $150
Supervising Professional - SP $170
Principal Professional - PP $196
ENVIRONMENTAL SCIENCE
Research Assistant - RA $70
Assistant Scientist - AS $87
Scientist I - SI $115
Scientist II - SI I $120
Scientist III - SMI $135
Senior Scientist I - SSI $160
Senior Scientist II - SSII $171
Senior Scientist III - SSIII $205
Senior Scientist IV - SSIV $220
CONSTRUCTION RELATED SERVICES
Contract Administrator - CA $85
Sr. Contract Administrator - CAS $110
Construction Mgmt Rep. I* - CMI $90
Construction Mgmt Rep. II* - CMII $100
Senior Field Representative* - SFR $115
Prevailing Wage Field Rep. - PWFR $125
Senior Project Engineer - SPEC $125
Construction Manager - CM $130
Senior Construction Manager - SCM $175
(* non-prevailing wage)
DESIGN & GRAPHIC SERVICES
CADD Technician I (N7) - CTI $70
CADD Technician II (N8) - CTI I $85
CADD Technician III (N9) - CTI 11 $95
Graphics Designer I (N10) - GDI $95
Graphics Designer II (N11) - GDII $100
Designer I - Dl $100
Designer II - Dll $110
Senior Designer I - SDI $120
Senior Designer II - SDII $135
Senior Designer III - SDMI $140
JPA/PBSJ PA400-3/01
CA Offices: Encinitas, Keamy Mesa/San Diego, Orange, Los Angeles, Pasadena, Riverside, Sacramento, San Francisco
FILE: C'bad Cost 10-4-11 V2.xlsm
Atkins Page 1 of 4
TASK DESCRIPTION LABOR CODE/STAFF HOURS TOTALS
R Task Task/Sub
SEWER & WATER, RECYCLED V\
NOTICE OF PREPARATION
Prepare NOP
Revise NOP
NOP Comment Table
Subtotal
1ST SCREENCHECK PEIR
Summary
Introduction
Environmental Setting
Project Description
Environmental Analysis Chpt.
Aesthetics
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Noise
Transportation/Traffic
Growth Inducement
SSIV
$220
'ATER
Sig and Irreversible Env. Changes
Effects Found Not Significant
Alternatives
QC 2
Cultural Resources Record Search
Printing (4 cpys in 3-ring)
Subtotal
SSII
$171
MASTE
1
1
1
1
1
1
6
1
2
8
4
4
1
8
1
1
1
1
1
1
1
1
2
20
Sill
$135
ERPL/
3
Sll
$120
kNSPE
32
AS
$87
IR
16
4
4
12
4
2
40
4
18
32
16
5
12
10
24
12
14
18
12
12
10
8
16
20
SA
$105
4
1
1
8
1
1
4
1
1
2
4
2
1
1
2
1
1
1
1
1
2
1
1
1
SPII
$125
10
SI
$115
44
RA
$70
13
.
-
.
-
.
-
HOURS
0
0
21
6
6
33
0
21
6
4
50
6
21
42
66
67
17
12
34
14
16
20
14
14
13
10
18
23
22
0
0
510
FEE
$0
$0
$1,983
$624
$624
$3,231
$0
$2,055
$624
$450
$4,926
$624
$2,013
$4,362
$7,586
$7,020
$1,833
$1,146
$3,666
$1,320
$1,494
$1,842
$1,320
$1,320
$1,251
$972
$1,668
$2,187
$3,860
$1,000
$440
$54,979
SSIV SSII SIM Sll AS SA SPII SI RA - - PAGE TOTALS
TOTAL - THIS PAGE
TOTAL - ALL PAGES
2
29
70
309
3
3
32
52
325
632
44
192
10
10
44
44
13
13
0
0
0
0
0
0
543
1,284
$58,210
$159,353
JPA PA400-2/99 C'bad Cost 10-4-11 V2.xlsm -10/4/2011
Atkins Page S of 4
TASK DESCRIPTION LABOR CODE/STAFF HOURS TOTALS
Pt
•1
Task
^1
Task/Sub
SCREENCK PEIR REVISIONS
Revise 1st Screencheck PEIR
QC
Printing (4 cpys in 3-ring)
Subtotal
Revise 2nd Screencheck PEIR
QC
Printing (0 copies)
Subtotal
NOTICE OF COMPLETION
Prepare NOG
Subtotal
DRAFT PEIR PUBLIC REVIEW
Prepare DEIR for Printing
Tech Edit
SSIV
$220
SSII
$171
12
4
8
4
2
Sill
$135
Printing (5 cpys in 3-ring, 5 bound, 10 CD appd.)
Printing (25 CDs, incl append)
Printing (15 Summ., 15 CDs)
Printing (1CD for website)
Subtotal
RESPONSE TO COMMENTS/FINAL PEIR
Prep/Revise Responses to Comments
Prepare Final PEIR
Revise Final PEIR
QC
Printing 1st Scrnck. (4 3-ring)
Printing 2nd Scrnck. (4 3-ring)
12
4
2
10
Printing Final DEIR (5 3-ring, 5 CD append)
Printing Final DEIR (10 bound, 10 CD append)
Printing Final DEIR (5 CD include append)
Printing (1 CD all documents)
Subtotal
{^^^•^•^^••1TOTAL - THIS PAGE
TOTAL - ALL PAGES
mil
0
29
|£U|
58
309
mil
0
3
Sll
$120
AS
$87
24
16
2
28
6
6
SA
$105
12
8
4
16
6
2
20
4
6
1
SPII
$125
SI
$115
RA
$70
-
-
.
-
.
-
HOURS
0
48
4
0
52
32
4
0
36
0
2
2
0
6
16
0
6
0
2
30
0
60
14
14
10
0
0
0
0
0
1
99
FEE
$0
$5,400
$684
$440
$6,524
$3,600
$684
$0
$4,284
$0
$174
$174
$0
$762
$1,680
$1,060
$630
$100
$210
$4,442
$0
$6,588
$1,626
$1,494
$1,710
$440
$440
$440
$1,000
$1,200
$105
$15,043
Sll AS SA SPII si RA - - PAGE TOTALS
0
52
82
632
79
192
0
10
0
44
0
13
0
0
0
0
0
0
219
1,284
$30,467
$159,353
JPA PA400-2/99 C'bad Cost 10-4-11 V2.xlsm - 10/4/2011
Atkins Page 3 of 4
TASK DESCRIPTION LABOR CODE/STAFF HOURS TOTALS
Pt
•1 ,
Task
•
Task/Sub
FINDINGS
Prepare Findings
Revise Findings
Printing (1 copy)
Subtotal
MITIGATION MONITORING
Prepare MMRP
Revise MMRP
Printing (1 copy)
Subtotal
HEARINGS
Attend EIR Hearing (1)
Subtotal
NOTICE OF DETERMINATION
Prepare NOD
Subtotal
CEQA REVIEW TEMPLATE
Prep & Revise Template
Subtotal
SSIV
$220
2
CERTIFIED FINAL PEIR PRINTNG
Prep Revisions
10 bound cpys w CD append
5 bound w appendices
1 unbound w MMRP & Findings
1 Master CD
Subtotal
PROJECT MANAGEMENT
Attend Meetings (3)
Telephone Conferencing (10)
Coordination/Management
Subtotal
EXPENSES
Subtotal
4
5
16
SSII
$171
2
1
2
1
6
12
4
12
15
80
Sill
$135
Sll
$120
AS
$87
16
4
12
4
2
36
4
SA
$105
2
1
6
2
2
SPII
$125
SI
$115
RA
$70
.
-
.
-
.
-
HOURS
0
18
5
0
23
0
16
6
0
22
0
6
6
0
2
2
0
56
56
0
10
0
0
0
2
12
0
16
20
96
132
0
0
FEE
$0
$1,734
$519
$10
$2,263
$0
$1,596
$624
$10
$2,230
$0
$1,026
$1,026
$0
$174
$174
$0
$6,254
$6,254
$0
$1,242
$1,100
$550
$100
$210
$3,202
$0
$2,932
$3,665
$17,200
$23,797
$800
$800
SSIV SSII SIN Sll AS SA SPII SI RA - - - PAGE TOTALS
TOTAL - THIS PAGE
TOTAL - ALL PAGES
27
29
135
309
0
3
0
52
78
632
13
192
0
10
0
44
0
13
0
0
0
0
0
0
253
1,284
$39,746
$159,353
JPA PA400-2/99 C'bad Cost 10-4-11 V2.xlsm -10/4/2011
Atkins Page 4 of 4
TASK DESCRIPTION LABOR CODE/STAFF HOURS TOTALS
Pt Task Task/Sub SSIV
$220
SSII
$171
Sill
$135
PHASE III RECYCLE WATER PROJECTS IS/MND
BIOLOGICAL RESOURCES
Prep. Bio. Report
Subtotal
PREPARE RWP IS/MND
Prepare IS
Prepare MND
Printing (4 copies, 1 elect)
Subtotal
REVISE RWP IS/MND
Revise 1st Scrnck IS/MND
Revise 2nd Screnck IS/MND
Print Check IS/MND Revisions
Printing (4 copies, 1 elect)
Subtotal
PUBLIC REVIEW
Prepare NOI/NOC
Printing (25 copies, 5 CDs)
1 Master hard copy
1 CD for website
Subtotal
RESPONSE TO COMMENTS
Prep RTC
Revise RTC
Prep Final IS/MND
Printing (10 copies, 1 CDs)
Subtotal
MITIGATION MONITORING & RF
Prepare MMRP
Revise MMRP
Subtotal
r.
2
14
4
4
2
2
1
4
4
6
2
1
Sll
$120
20
AS
$87
72
8
18
8
2
2
1
12
4
6
12
2
SA
$105
1
24
4
6
4
2
4
2
4
4
1
SPII
$125
SI
$115
RA
$70
-
-
.
-
.
-
HOURS
0
0
23
23
0
110
16
0
126
0
28
14
6
0
48
0
3
0
0
1
4
0
20
10
16
0
46
0
18
4
22
FEE
$0
$0
$2,847
$2,847
$0
$11,178
$1,800
$125
$13,103
$0
$2,880
$1,458
$726
$125
$5,189
$0
$345
$1,255
$0
$87
$1,687
$0
$2,148
$1,242
$1,968
$490
$5,848
$0
$1,806
$450
$2,256
SSIV SSII SIM Sll AS SA SPII SI RA - - PAGE TOTALS
TOTAL - THIS PAGE
TOTAL - ALL PAGES
0
29
46
309
0
3
20
52
147
632
56
192
0
10
0
44
0
13
0
0
0
0
0
0
269
1,284
$30,930
$159,353 |
JPA PA400-2/99 C'bad Cost 10-4-11 V2.xlsm -10/4/2011