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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 ^a a a a CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES aa a a Page 2 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% — 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. 1 RESOLUTION NO. 1429 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE 3" 4 5 6 7 8 9 10 11 12 13 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 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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. 24 25 26 27 28 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 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 ,S:eor 1 2 3 4 n PLAN UPDATE. PROJECT NO. 5511 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 (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 6 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. 24 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: 4 ,. AYES: Hall, Blackburn, Douglas and Packard. 5 " 6 NOES: None. 7 8 ABSENT: Kulchin. 9" 10 11 12 13 14 A •} jS- \^ / "SA Iff . , , . WML16 MATT HALL, Mayor 1NE M. WOOD, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 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. Page 1 of 13 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 Page 2 of 13 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. Page 3 of 13 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 Page 4 of 13 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. Page 5 of 13 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 Page 7 of 13 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