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HomeMy WebLinkAbout2019-05-14; City Council; ; Agreement with ICF Jones and Stokes, Inc. to provide compensatory habitat mitigation planning, design and monitoring services for the proposed College Boulevard Wetland SCA Review fn.. (i) S~~fi R~port Meeting Date: To: From: Staff Contact: Subject: May 14, 2019 Mayor and City Council Scott Chadwick, City Manager Daniel Zimny, Associate Engineer Daniel.Zimny@carlsbadca.gov or 760-602-7551 Agreement with ICF Jones and Stokes, Inc. to provide compensatory habitat mitigation planning, design and monitoring services for the proposed College Boulevard Wetland Site, Capital Improvement Program Project No. 6621. Recommended Action Adopt a Resolution authorizing execution of an agreement with ICF Jones and Stokes, Inc. {ICF) to provide compensatory habitat mitigation planning, design and monitoring services for the proposed College Boulevard Wetland Site, Capital Improvement Program {CIP) Project No. 6621 · (Project), in an amount not to exceed $418,787. Executive Summary On October 12, 2010, City Council approved Resolution No. 2010-239 to purchase the rights to mitigate a 5.57-acre plot of land through a license agreement in an amount of $416,000. This plot is known as the College Boulevard Wetland Mitigation Site (Site) and was originally allocated to offset the impacts to jurisdictional wetland habitats associated with several individual projects under the 2008 Drainage Master Plan. These projects were discontinued, and no improvements were made to the Site. The city still holds the rights to the Site and is seeking to obtain the maximum mitigation value available to support the mitigation needs of the future CIP projects. Staff recommends using the Site to create an Advanced Permittee Responsible Mitigation (APRM) program which is a mechanism to streamline the resource agencies' discretionary permitting process and allows multiple projects under the CIP to use the mitigated value of land to offset wetland impacts associated with those projects. Through publication of a Request for Qualifications (RFQ), qualification review, ranking and negotiating process, the selection committee has rated ICF as the most qualified firm to create the APRM program for the Site. The Carlsbad Municipal Code (CMC), section 3.28.060(D), requires the City Council to award professional services agreements (PSA) when the value exceeds $100,000 per agreement year. The PSA with ICF for the Project is in a total amount not to exceed $418,787; therefore, this Project is subject to this requirement. City staff recommends executing an agreement with ICF to provide compensatory habitat mitigation planning, design and monitoring services for the Site. May 14, 2019 Item #3 Page 1 of 57 Discussion The Site is located northeast of the intersection of Cannon Road and College Boulevard within Assessor Parcel No. 168-361-02. The 38.8-acre parcel includes a segment of Calavera Creek and its westerly flood plain. The Site was actively farmed for 75 years until 2002, when several habitat mitigation plots for private projects were implemented within the parcel. In 2004, Calavera Hills II, L.L.C. granted a 15-acre easement within this parcel to the city for drainage inundation purposes associated with the College Boulevard Sedimentation Basin Structural Improvements Project, identified as Drainage Master Plan Project BJB. Later in 2010, the City Council passed Resolution No. 2010-239 to enter into a license agreement with Calavera Hills II, L.L.C. for the rights to mitigate a 5.57-acre portion of the 2004 inundation easement area for an appraised value of $416,000. This mitigation area was originally allocated for constructing a wetland mitigation site to offset the impacts associated with Drainage Master Plan Projects B, Agua Hedionda Creek Dredging and Improvement Project; and BN, Calavera Creek Flood Control Improvement Phase I. Both projects are now inactive after a settlement with Rancho Carlsbad Homeowners Association in 2016. The city still holds the rights to mitigate the Site, however no improvements have occurred since the license agreement was executed. To fulfill the purposes of the 2010 license agreement, a habitat mitigation plan needs to be developed and approved by the U.S Army Corps of Engineers, California Department of Fish and Wildlife and Regional Water Quality Control Board (resource agencies), followed by successful implementation of the plan. A preliminary site assessment conducted in the fall of 2018 concluded that 3.95 acres of the original 5.57 acre plot are still available for wetland mitigation and can be restored-and enhanced as wetland mitigation. A copy of the assessment report is presented in Exhibit 3. Natural recruitment of native habitat has reduced the available land for compensatory mitigation. Rather than plan and implement compensatory mitigation on a project-by-project basis, the city seeks to use the Site to establish an APRM program to consolidate mitigation planning and implementation, and streamline discretionary agency approvals of individual city capital projects that result in impacts to wetland habitat. APRM is a form of permittee-responsible mitigation that is approved by the resource agencies. The advantage of an APRM program is that permitted impacts associated with the future projects can proceed with a lower mitigation requirement due to the reduction of temporal losses of wetland habitat. Purchasing credits from an approved habitat mitigation bank is another alternative form of permittee-responsible mitigation. The most recent purchase of wetland mitigation credits by the city occurred in 2007 at which time the city purchased the equivalent of 1.67 acres of wetland mitigation from the North County Habitat Bank (NCHB) at a price of $1,125,000. Based on this information the 3.95 acres of wetland that is proposed by this project would have a value of $2,660,000. By comparison, staff estimates a total cost of $1,135,000 to create the APRM program at the Site and therefore this investment will result in a positive return to the city. This estimate includes the cost for the land rights; planning, design and monitoring services; and an estimated construction cost. On Nov. 15, 2018, staff posted a RFQ on the city's website to advertise for professional services for compensatory mitigation planning and implementation services for an APRM program at the Site. Seven Statements of Qualifications (SOQs) were received on Jan. 9, 2019, and copies were distributed to a selection panel comprised of city staff from the Public Works Branch and May 14, 2019 Item #3 Page 2 of 57 Community and Economic Development Department. Responses to the RFQ were evaluated pursuant to Carlsbad Municipal Code section 3.28.060(A). On Jan. 30, 2019, the selection committee ranked the SOQs and collectively selected ICF as the most qualified firm for this Project. Staff recommends award of an agreement for wetland compensatory mitigation planning, design and monitoring services to ICF in an amount not to exceed $418,787. Fiscal Analysis The agreement with ICF is in an amount not to exceed $418,787, inclusive of all reimbursable expenses. There are sufficient funds available to complete the Project. Planned Local Drainage Area (PLDA) Basin B Funding has been appropriated for the Project as shown in the table below: COLLEGE BOULEVARD WETLAND HABITAT MITIGATION, CIP PROJECT NO. 6621 Current Appropriation -Planned Local Drainage Area Basin B Fund $955,000 Current Expenditures/Encumbrances~ Planned Local Drainage Area Basin B Fund $50,697 TOTAL AVAILABLE COLLEGE WETLAND HABITAT MITIGATION, CIP PROJECT NO. 6621 $904,303 Agreement for compensatory mitigation planning and implementation services -ICF $418,787 REMAINING BALANCE $485,516 ADDITIONAL APPROPRIATION NEEDED Next Steps City staff will direct ICF to begin with the creation of the APRM program. Staff expects construction of the wetland mitigation to begin in Sept. 2021 and be completed by Dec. 2021. Wetland credits are projected to be available for use upon completion of a five-year maintenance and monitoring period and approval from the resource agencies as early as 2026. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action to approve a professional services agreement for compensatory habitat mitigation planning and implementation services 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 change in the environment, and therefore does not require environmental review. Furthermore, as the project design is finalized, the project will be subject to environmental review per CEQA Guidelines. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. City Council Resolution. 2. Location Map. 3. College Boulevard Site Assessment of Wetland/Riparian Mitigation Opportunity. $0 May 14, 2019 Item #3 Page 3 of 57 RESOLUTION NO. 2019-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH ICF JONES AND STOKES, INC. (ICF) TO PROVIDE COMPENSATORY HABITAT MITIGATION PLANNING, DESIGN AND MONITORING SERVICES FOR THE PROPOSED COLLEGE BOULEVARD WETLAND SITE, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 6621, IN AN AMOUNT NOT TO EXCEED $418,787. EXHIBIT I WHEREAS, the City Council of the City of Carlsbad, California has determined that staff requires the assistance of an environmental planning and design firm to provide compensatory habitat mitigation planning, design and monitoring services for the proposed College Boulevard Wetland Site, CIP Project No. 6621 (Project); and WHEREAS, the Public Works Branch has solicited a Request for Qualifications (RFQ) for compensatory habitat mitigation planning, design and monitoring services for the Project; and WHEREAS, staff has received a total of seven responses to the RFQ and has conducted a qualifications-based evaluation of the seven proposals in accordance with Carlsbad Municipal Code section 3.28.060(A); and WHEREAS, staff has identified ICF Jones and Stokes, Inc. (ICF) as the most qualified firm for the Project; and WHEREAS, staff and ICF have negotiated the scope of work and associated fee in an amount not to exceed $418,787 to provide compensatory habitat mitigation planning, design and monitoring services for the Project; and WHEREAS, the City Council has determined that sufficient funds are currently available for this request. 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 mayor is authorized and directed to execute the agreement with ICF to provide compensatory habitat mitigation planning, design and monitoring services for the proposed College Boulevard Wetland Site, CIP Project No. 6621, in an amount not to exceed $418,787, which is attached hereto as Attachment A. May 14, 2019 Item #3 Page 4 of 57 EXHIBIT 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of May 2019, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. \1 ( ,, )/'C1ld\0yl?l l?iHfL~ 1,--p-L-BARBARA ENGLESON, City Clerk (SEAL) ''"'""'""""' ,,,,, CA 1111' #'o!. /:/_( "/¾ ~~ ....... \S'A\.~ ~J..., / \vr~ 2-:'m°'"V~ ~or~J" ?:..Ale~ \ \~ ~/ J ~ "-.( ............ .,}.,~ ~ ""11,,11 IFO~"._,,,,,.:$> 111111,,,,,111111111 May 14, 2019 Item #3 Page 5 of 57 PSA19-751TRAN AGREEMENT FOR COLLEGE BOULEVARD COMPENSATORY HABITAT MITIGATION PLANNING AND IMPLEMENTATION SERVICES ICF JONES AND STOKES, INC. is made and entered into as of the / Sd::iic,., , day of ----'--~~------' 2019, by and between the CITY OF CARLSBAD, a municipal corporatio ("City"), and ICF JONES AND STOKES, INC., a Delaware corporation, ("Contractor"). RECITALS A. The City requires the professional services of a consultant that is experienced in compensatory habitat mitigation planning and implementation. B. Contractor has the necessary experience in providing professional services and advice related to compensatory habitat mitigation planning and implementation. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed four hundred eighteen thousand seven hundred eighty seven dollars ($418,787). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 May 14, 2019 Item #3 Page 6 of 57 PSA19-751TRAN 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused 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 s.ection will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 May 14, 2019 Item #3 Page 7 of 57 PSA19-751TRAN in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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 City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements . Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 6/12/18 3 May 14, 2019 Item #3 Page 8 of 57 PSA19-751TRAN maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Daniel Zimny Title Associate Engineer Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-7551 For Contractor Name Richard Van Sant Title Project Manager Address 525 B Street Suite 1700 San Diego, CA 92101 Phone No. 858-444-3928 Email rj.vansant@icf.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 May 14, 2019 Item #3 Page 9 of 57 PSA19-751TRAN 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes~ No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. · 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination . If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 May 14, 2019 Item #3 Page 10 of 57 PSA19-751TRAN under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 May 14, 2019 Item #3 Page 11 of 57 PSA19-751TRAN 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR ICF JONES AND STOKES, INC., a Delaware corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: /1 ./1 . ,.I (j /' . 0YY]u./-i~ . ·· r)/( 7)(/IAVY L---n_ Barbara Engleson, City Clerk u If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 7 May 14, 2019 Item #3 Page 12 of 57 Scope of Services Project Element 1 -Project Management PSA19-751TRAN Exhibit "A" The ICF Team will regularly attend in-person meetings and conference calls with City staff throughout all tasks, including the award meeting and mitigation site walk. The ICF Team will provide regular communication with the City and agency staff, submit monthly invoices, budget tracking, and management of project schedule and deliverables. ICF will provide the City with the necessary contact information for all field and office primary points of contract. In addition to the recurring Project Management activities identified above, !CF will organize the project kick-off meeting with the City and appropriate technical leads to discuss the project elements to be performed, project schedule, communication protocols, etc. This project element will also include one site walk with City staff to review the project site. Deliverables • Meetings agendas and notes. • Monthly invoices, progress memos, and schedule updates. Project Element 2 -Development of Advance Permittee Responsible Mitigation Program ICF's team of regulatory and mitigation specialists, led by the Project Manager, R.J. Van Sant, will work closely with the City and applicable resource agencies to develop an APRM program that addresses the City's needs and helps them meet their storm water maintenance goals and objectives. ICF staff will draw upon previous APRM experience with the City of San Diego APRM program, the Otay River Restoration Project, and the SANDAG/Caltrans APRM program to develop a tailored APRM approach for the City. !CF will utilize existing APRM guidance documents, such as the USAGE -Seattle District's Inter-agency Regulatory Guide for APRM , the Sacramento District's 2017 guidelines for development of APRM proposals, and the MFRs for the City of San Diego and SANDAG APRM programs, as well as our existing relationships with local USAGE staff, to ensure an APRM Program that is comprehensive and acceptable by the regulatory agencies is developed. Development of an APRM Program requires information beyond that of a traditional mitigation site and the information required is similar to that of a mitigation bank and generally includes the following: • The identification and discussion of range of projects and project types that would be mitigated at the APRM site(s), including general locations of project impacts. • A discussion of how the APRM Program will meet the watershed approach and how/why it complies with the USAGE/EPA 2008 Mitigation Rule. • Ecological and watershed based justification for APRM approach. • Discussion of site protection mechanisms, long-term management funding , and financial assurances. • Identification of the service area, including ecological justification of the service area. • Identification of credit release schedule and credit tracking system. ICF will ensure these elements are addressed in the APRM Program so that regulatory staff have all the information needed to efficiently review the City's APRM program. May 14, 2019 Item #3 Page 14 of 57 PSA19-751TRAN Exhibit "A" In developing the APRM program, ICF will coordinate with the City, USACE, RWQCB and CDFW (and any other applicable agencies) to gain feedback and input. Early and consistent engagement with the resource agencies is important as APRM is still a relatively new mitigation approach in San Diego and is vital to ensure a mitigation approach that will be approved by all resource agencies. ICF will make modifications to the program, if needed, based on agency and/or City feedback. ICF will ensure the APRM program is written as to allow other potential future mitigation sites to be incorporated. Based on our experience developing similar programs with the USACE Carlsbad Office, the USACE will formalize their acceptance, including the terms and conditions, of the City's APRM Program by preparing a Memorandum for the Record. The Memorandum for the Record will document why and how the City's APRM Program meets the terms and conditions of the 2008 Mitigation Rule, the type of projects (e.g., City storm water management projects) that will that utilize future APRM sites, provide justification for the ecological preference of the City's APRM Program to established mitigation banks (i.e., the San Luis Rey Mitigation Bank and Brook Forest Mitigation Bank) and/or in- lieu fee programs, and may identify via attachments to the Memorandum for the Record outlines of the HMMP and long-term management plan. ICF will prepare a draft Memorandum for the Record for the USACE to facilitate and expedite their review of the program. ICF understands the RWQCB and CDFW approval of APRM sites will occur through the review and approval of the APRM site specific HMMP. Although the RWQCB and CDFW do not require a separate "approval" document, such as the USACE APRM Memorandum for the Record, ICF will engage these agencies and include them in the coordination and negotiations that occur with the USACE to ensure we gain RWQCB and CDFW preliminary feedback and buy-in of the APRM program and approach. Assumptions • Five in-person meetings/conference calls with the regulatory agencies and/or City. • Assumes two rounds of review of the APRM Program Draft Memorandum for the Record by the City. Deliverable • Draft APRM Program Memorandum for the Record. Project Element 3 -Assessment of College Boulevard Site and Quantification of Mitigation Types and Acres The purpose of this task is to identify mitigation opportunities, including the type and quantification of potential mitigation acreage, that is possible at the College Boulevard Site, and to assess and document the mitigation site baseline conditions to inform the development of the HMMP (Project Element 4 below). In addition, any constraints for developing compensatory aquatic resource mitigation will be identified. The ICF Team will complete a wetland delineation of the site, hydrologic and hydraulic study, including the portion of Calavera Creek that flows through the parcel, inundation mapping of the creek's floodplain and Basin BJB, and a cultural resources records search and pedestrian survey. In addition a cost/benefit analysis of the project site will be prepared. 3.1 Jurisdictional Delineation Field Survey ICF delineators will conduct a jurisdictional delineation of the mitigation site, identifying areas that are potentially subject to USACE jurisdiction pursuant to Section 404 of the Clean Water Act (CWA) (waters of the U.S., including wetlands), RWQCB jurisdiction under Section 401 of the CWA and/or 2 May 14, 2019 Item #3 Page 15 of 57 PSA19-751TRAN Exhibit "A" State Porter Cologne Act, and CDFW jurisdiction pursuant to Section 1602 of the Fish and Game Code. The jurisdictional delineation for waters of the U.S., including wetlands, will be conducted using methods established in the Corps of Engineers A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States: A Determination Manual (USAGE 2008), the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987), and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Arid West Supplement) (USAGE 2008). CDFW jurisdictional areas will be mapped to include the distance between the top-of-bank or to the drip line of any associated riparian canopy, whichever is greater. Upon completion of the field survey, ICF will provide the City with completed OHWM and wetland datasheets; figures clearly depicting the locations, type(s), and extent of jurisdictional features; and a table breakdown of the wetland delineation results by regulatory agency. For efficiency, ICF will prepare the figures and results table in a manner that can easily be reused to prepare a request for a preliminary jurisdictional determination (PJD) and verification of all potential waters of the U.S. within the project site. ICF assumes that the USAGE will accept a PJD for the APRM site; however, during recent communications with the USAGE, it appears they are starting to require approved jurisdictional determinations (AJD) for most mitigation banks. Although not a mitigation bank, ICF recognizes APRM sites maintain many similarities to mitigation banks, therefore, the USAGE could require an AJD for the APRM site. AJDs require greater data collection and analysis as compared to PJDs, including documentation of physical, chemical, biological characteristics and their connectivity to and influence on downstream traditional navigable waters. Given our strong regulatory background and experience completing AJDs through the USAGE Carlsbad office, our team is prepared to support the City with either a PJD or AJD, as needed. State (California Government Code 4216 and Title 8, Chapter 4, Subchapter 4, Article 6, Section 1541) and federal (29 CFR 1926 Subpart P [1926.650 to .652]) health and safety laws require notification to underground utility operators prior to excavation work (as defined in Section 1541) to protect underground infrastructure. In compliance with these laws ICF will conduct a site visit to appropriately pre-mark the locations on the project site where we intend to establish wetland data points and will notify the regional notification center (i.e., northern California: USA North 811 /southern California: DigAlert) to enable the utility operators to either mark their infrastructure onsite or confirm that no infrastructure is present. Marked infrastructure will be avoided. Assumptions • Assumes 1-day of wetland delineation fieldwork for a team of two-persons. • Assumes an Approved JD is not required. • ICF will collect all data necessary to prepare a request for verification and PJD. Deliverables • Completed project site OHWM and wetland datasheets. • Figures clearly depicting the location(s), type(s), and extent of jurisdictional features. • Table breakdown of the wetland delineation results by regulatory agency and aquatic resource type (e.g., wetland, non-wetland streambed, riparian, etc.) 3.2 CostlBenefit Analysis of College Boulevard Site ICF will prepare a brief cosUbenefit analysis of the College Boulevard Site to determine the mitigation potential at the site and the approximate cost to obtain the mitigation. The cosUbenefit will be completed to determine if the College Boulevard Site will generate enough credits to justify the 3 May 14, 2019 Item #3 Page 16 of 57 PSA 19-751 TRAN Exhibit "A" costs associated with developing it into a standalone APRM site or in combination with other mitigation sites. The City has currently spent large amounts of money pursuing the College Boulevard Site and it's important to understand if resources should continue to be used at the College Boulevard Site or if the City could achieve more "bang for the buck" at a different mitigation location. !CF will review current City open space parcels and lands owned by the City as well as determine costs associated with purchasing mitigation at a mitigation bank to better understand the various mitigation options and associated costs and benefits. Assumption • The analysis will be performed by restoration ecologist/mitigation specialist and not a Financial Analyst Deliverable • A brief (1-2 page) cost/benefit memorandum 3.3 Hydrologic and Hydraulic Study and Inundation Mapping TRWE will prepare a Rational Method hydrologic analysis of the College Boulevard Site watershed as well as prepare a hydrologic routing analysis of flows (e.g., 2-year, 10-year, and 100-year, at minimum) through the outlet works of Basin BJB to establish water surface elevations downstream and through the project site. A HEC-RAS hydraulic analysis of the 2-, 10-, and 100-year peak flow rates, beginning downstream in Basin BJB, and proceeding to a point upstream of the project site, will be prepared to establish proposed condition flow patterns. TRWE will also prepare inundation mapping of the 2-year, 10-year and 100-year floodplain through the same reach. TRWE will compile the hydrologic and hydraulic analyses into a brief letter report, summarizing the findings, conclusions and recommendations, informing the wetland/riparian mitigation opportunities assessment and project design. Assumption • Assumes one round of review by the City. Deliverables • Draft and Final hydrologic and hydraulic study letter report and inundation mapping. 3.4 Cultural Resources Survey and Technical Reports !CF will perform a review of records on-file at the South Coastal Information Center (SCIC), the regional repository for cultural resources, housed at San Diego State University, and a paleontological records search from the San Diego Natural history Museum. The records searches will include the mitigation site plus a 0.50-mile buffer around the mitigation site. The records searches will identify previously conducted studies and previously documented cultural resources in the project vicinity. !CF will also contact the Native American Heritage Commission (NAHC) and request a search of their Sacred Lands Files to identify any known cultural resources within a 0.5 mile radius of the mitigation site, as well as lists of local Native American representatives and federally recognized tribes. ICF will prepare and send a due diligence letter under CEQA requesting information on any cultural resources in the project area, and we also will conduct the requisite follow-up phone calls with tribes and formally document the calls in a consultation log. !CF will prepare a Section 106 tribal consultation letter for the Corps. Data from the records searches and NAHC Sacred Lands File search will help to determine the archaeological and paleontological sensitivity of the mitigation site. 4 May 14, 2019 Item #3 Page 17 of 57 PSA19-751TRAN Exhibit "A" Two ICF archaeologists will conduct an intensive pedestrian survey of the project area. All portions of this area likely to contain or exhibit archaeologically sensitive cultural resources will be inspected carefully to ensure that visible archaeological resources are adequately recorded . Any historic or prehistoric archaeological or built environment resources identified during field survey will be addressed in a cultural resources technical report, and will be documented in California Department of Parks and Recreation (DPR) 523A forms. ICF will prepare separate CEQA and Section 106 Cultural Resources Technical Reports that summarizes the results of the record search and pedestrian survey, document any resources identified during the survey, include DPR forms of any identified resources as an appendix, and provide technical recommendations as needed. The CEQA Technical Study will also analyze the paleontological sensitivity of the project area and provide recommendations as needed, and will include the due diligence correspondence with Native American representatives . The Section 106 Cultural Resources Technical Study will include an Area of Potential Affects map and all tribal consultation correspondence and the follow-up log, as provided by the Corps, as an appendix. ICF will prepare a draft SHPO consultation letter for the Corps to include an APE map and the Section 106 Cultural Resources Technical Study as attachments. Assumptions • No cultural resources will be identified in the project area as a result of the records search or the NAHC Sacred Lands File search. • No more than one isolated archaeological artifact will be identified during the pedestrian survey. No intact built environment resources 45 years of age or older will be identified in the project area. • The City of Carlsbad does not require ICF's assistance with AB52 consultation. • One draft and one final CEQA Cultural Resources Technical Study and one draft and one final Section 106 Cultural Resources Technical Study. Deliverables • Draft and Final CEQA Cultural Resources Technical Study, Draft and Final Section 106 Cultural Resources Technical Study, and draft SHPO consultation letter. 3.5 Wetland/Riparian Mitigation Opportunities Assessment Following completion of the wetland delineation, hydrologic and hydraulic study and inundation mapping, and a cultural resources records search, the ICF Team will prepare the wetland/riparian mitigation opportunities assessment memorandum for the mitigation site. The memorandum will classify mitigation opportunities into five main categories as defined by the USACE 2008 Mitigation Rule, including preservation, enhancement, rehabilitation, reestablishment, and establishment. Specifically, !CF aquatic resource mitigation specialists, supported by TRWE and ICF ecologists, hydrologists, geomorphologists, and engineers would identify opportunities to restore (rehabilitate and reestablish), establish, and/or enhance the conditions of the jurisdictional aquatic resources within the mitigation site. Our team will use common ecological principals to identify specific aquatic resource mitigation opportunities on the mitigation site. Constraints (sensitive species or sensitive species habitat, infrastructure, etc.) will also be considered when designing and identifying opportunities at the site. The memorandum will be brief (less than 6 pages of text), and include any figures, mitigation alternatives with areas of grading identified, and tables with acreages and types of potential mitigation. 5 May 14, 2019 Item #3 Page 18 of 57 Assumption PSA 19-751 TRAN Exhibit "A" • Assumes one round of review by the City and one round of review by the resource agencies. Deliverables • Draft and Final Wetland/Riparian Mitigation Opportunities Assessment Memorandum. Project Element 4 -Preparation of Habitat Mitigation and Monitoring Plan (HMMP) 4.1 Habitat Mitigation and Monitoring Plan Upon direction of the City, ICF will prepare a draft and final HMMP in accordance with the mitigation requirements of the USAGE/EPA 2008 Final Mitigation Rule (33 CFR 332) and the USAGE 2015 Final Mitigation and Monitoring Guidelines for HMMPs. The HMMP will include the twelve mitigation plan components required by the 2008 Final Mitigation Rule as well as information required and as specified in the final APRM Approach Memorandum for the Record (Project Element 2). Required information for an APRM HMMP is likely to include the following: project description, mitigation goals and objectives, site baseline conditions, site selection criteria including discussion of watershed approach, acreages by mitigation type (i.e., establishment, re-establishment, rehabilitation, enhancement, or preservation), implementation, phasing and/or schedule, maintenance and monitoring, plant palette, cost estimate, ecological performance standards, adaptive management measures, proposed site protection mechanism, long-term management (including funding mechanism), service area, and proposed credit release schedule. As part of this project element, ICF will conduct a wetland condition assessment (i.e., CRAM), special habitat wildlife assessments and vegetation mapping and botanical surveys, supplementing the initial baseline data that was gathered under Project Element 3 and as required by the 2008 Mitigation Rule and USAGE 2015 Mitigation and Monitoring Guidelines. Finally, based on our experience working on similar APRM approaches in San Diego County, ICF understands the RWQCB and CDFW will approve the APRM site through their review, acceptance, and approval of the HMMP. RWQCB and CDFW approval of the APRM site and HMMP will likely trigger the need to provide CEQA compliance documentation. Additionally, implementation of the mitigation project itself may trigger the need for regulatory permits (e.g., Nationwide Permit 27 from the USAGE, Section 401 Water Quality Certification from the RWQCB, and Streambed Alteration Agreement from CDFW) and associated consultations (e.g., cultural resources or endangered species consultations) due to impacts to waters of the U.S. and CDFW jurisdictional resources associated with wetland/riparian restoration activities and connection to existing jurisdictional resources. Final agency approval of the APRM site HMMP will likely occur after or concurrently with issuance of any required agency permits or the determination that none are required. The ICF Team is well suited to and is prepared to provide as needed CEQA documentation and compliance, regulatory permitting and consultation, cultural resources surveys, and focused biological resource survey support to the City, if requested, to ensure agency approval of the APRM site HMMP are received. Assumptions • Assumes two rounds of review and edits by the City. • This task does not include the development of a standalone long-term management plan, site protection mechanism, or long-term management cost analysis (e.g. PAR). 6 May 14, 2019 Item #3 Page 19 of 57 PSA19-751TRAN Exhibit "A" • No CEQA documentation and compliance or regulatory permitting and consultation will be needed. Deliverables • Draft and Final HMMP. 4.2 California Rapid Assessment Method (CRAM) ICF will conduct a baseline wetland condition assessment using the California Rapid Assessment Method (CRAM) for the mitigation site. The CRAM assessment will establish baseline or pre-project conditions regarding the overall quality of the aquatic resources within the mitigation site in terms of the ecological functions and values and will be used to evaluate site development and performance over time. The assessment will follow the methodology in the CRAM User's Manual Version 6.1 (California Wetlands Monitoring Workgroup [CWMW] 2013) and CRAM Riverine Wetlands Field Book, Version 6.1 (CWMW 2013) and will be performed by professionally trained personnel including CRAM trainers on staff at !CF. Deliverable • The results of the CRAM assessment will be incorporated into the baseline conditions section of the HMMP (Project Element 4.1, above) and will be used to develop ecological based performance standards by which the performance of the mitigation activities will be evaluated. 4.3 Special-Status Wildlife Habitat Assessments A preliminary review of the CNDDB indicates occurrences of coastal California gnatcatcher (Polioptila californica californica) and least Bell 's vireo (Vireo be/Iii pusil/us) at or very near the site. ICF will conduct wildlife habitat assessments of the entire parcel, documenting any sensitive wildlife observed as well as any other wildlife species observed onsite or in the vicinity of the mitigation site. The locations of any special-status species and/or their habitats identified in the project area will be recorded using a GPS receiver, and, if appropriate, submitted to the CNDDB. Deliverable • The results of the special-status wildlife habitat assessment will be incorporated into the baseline conditions section of the HMMP (Project Element 4.1, above). 4.4 Vegetation Mapping and Botanical Surveys ICF botanists will map the vegetation in the entire parcel using the Vegetation Classification Manual (VCM) (AECOM et. al. 2011 and 2015 Supplement). A figure depicting the vegetation mapping will be prepared as well as a table showing the acreage of each vegetation type. ICF botanists will also conduct floristic surveys in accordance with the approach outlined in the DFG's 2009 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities. A preliminary review of CNDDB shows occurrences of thread-leaved brodiaea (Brodiaea filifolia) and California adolphia (Adolphia californica) at or very near the site and an additional nine sensitive plant species within one mile of the site. ICF will schedule floristic surveys to coincide with the blooming period for special-status plant species known or with the potential to occur in the study area. All plant species observed will be identified to the level necessary to determine whether they qualify as special-status plants or are plant species with unusual or significant range extensions. The locations of any special-status plants identified in the project area will be recorded using a GPS receiver and submitted to the CNDDB. 7 May 14, 2019 Item #3 Page 20 of 57 Deliverable PSA19-751TRAN Exhibit "A" • The results of the vegetation mapping and botanical surveys will be incorporated into the baseline conditions section of the HMMP (Project Element 4.1, above). Project Element 5 -Preparation of Construction Plans 5.1 Grading, Planting, and Irrigation Plans and Specifications Once the HMMP is approved by the agencies, ICF and TRWE will prepare construction drawings, specifications and a cost estimate for grading, wetland and riparian habitat restoration, planting and irrigation of the project site. The plans and specifications will be prepared to comply with City of Carlsbad grading requirements, to best achieve wetland and riparian habitat resto.ration for the project site. Our team will utilize our extensive hydrologic and hydraulic skillsets and integrate flow information into the mitigation design with the ultimate goal of maximizing wetland and riparian functions with grading designs, tailored to maximize efficiency using the natural flows from Calavera Creek. We will prepare 20-scale or 30-scale drawings for the grading/mitigation design, with designs complying with City of Carlsbad standards, and incorporating Standard Specifications for Public Works Construction as needed, and also the City of Carlsbad's Supplemental Provisions. The plans will include access and staging locations, environmentally sensitive areas, cut and fill locations, earthwork quantities, cross sections and details, topsoil handling information, erosion control plans, selective clearing of invasive plant species, the extent and type of planting and irrigation, and construction detail sheets. Planting and irrigation schedules, details, arid specifications will accompany plan documents. Written specifications will be prepared to accompany the construction drawings in a SMART approved format. Three rounds of design, 70%, 90%, and 100%, will be presented to the client, along with specifications and cost estimates. The 100% design documents will be incorporated in the mitigation development plan for the site. Final signed and stamped construction drawings and specifications will be submitted to the client for use as bidding documents. Assumptions • Planting design will be a graphical depiction of planting areas. Individual plants will not be represented. • Irrigation type will be on grade PVC with drip emitters. Only mainline layout will be depicted on plans. Laterals and emitters will be laid out in the field by the contractor. • Construction documents will be prepared using AutoCAD software and graphical standards. Deliverables • 70%, 90%, and 100% construction documents for selective clearing of invasive plant species, planting, and irrigation for the site. • Specifications and cost estimates for 70%, 90% and 100% design phases. • For the 70%, 90%, and 100% construction documents, PDF copies (stamped by an ICF International California-licensed landscape architect and licensed civil engineer, as appropriate) and AutoCAD files will be furnished to the City. Mylar, PDF and AutoCAD will be provided once the final 100% plan has been approved. 5.2. Stormwater Pollution Prevention Plan 8 May 14, 2019 Item #3 Page 21 of 57 PSA 19-751 TRAN Exhibit "A" The ICF team includes Qualified SWPPP Developers (QSD) and Practitioners (QSP) to support Construction General Permit SWPPP preparation, oversight, inspections, and permit maintenance. Not only do we have the qualified staff, but we are particularly versed in the unique conditions of construction stormwater management for ecological restoration projects. The Construction General Permit has specific intent and applicability, the standard SWPPP documents and guidelines have been developed for commercial development and can often be in conflict with ecological restoration goals and practice. Our project restoration designers and ecologists are the erosion control specialists, understanding the nuances of the Construction General Permit coverage and the project restoration goals to develop sensible and appropriate approaches, oversight, and documentation that meet both. This is important to not only meet the permit requirements and the restoration goals, but to do it in a way that is budget friendly. Our QSD will prepare a project-specific Tier 3 construction SWPPP. The SWPPP will be based on regulatory requirements to meet the overall State Water Resources Control Board (SWRCB) Construction General Permit (CGP) requirements (Adopted Order 2009-0009-DWQ [as amended by 2010-0014-DWQ and 2012-0006-DWQ]) and the City's Engineering Standards SWPPP Manual Construction BMPs. The SWPPP will be designed to control construction site pollutants and its sources. At a minimum, the SWPPP will include the following elements, including: Permit Registration Documents; Project Information, including findings of the Construction Site Sediment and Receiving Water Risk Determination and identification of the potential Construction Site Pollutant Sources; Risk Level Determination; erosion and sediment control BMPs; BMP Inspection and Maintenance Requirements; Training; Responsible Prties and Operators; and Construction Site Monitoring Program. This scope of services includes submittal of the Draft SWPPP to the City (as legally responsible party). Upon review by the City, the !CF team will revise the Draft SWPPP and provide a Final SWPPP. This scope also includes time to assist in the filing of Permit Registration Documents with the SWRCB through the Storm Water Multiple Applications and Report Tracking System (SMARTs) website. To obtain coverage under the CGP, Legally Responsible Person's (LRPs) are required to electronically file the Permit Registration Documents (PRDs), which includes: Notice of Intent, Risk Assessment, Site Map, SWPPP, Annual Fee, and Certification. The PRDs must be submitted through the State Water Board's SMARTS website. Upon receipt of a complete PRO submittal, the State Water Board will process the application package in the order received and assign a Waste Discharge Identification Number (WDID) number. This scope does not include QSP services during project construction for permit implementation. It is anticipated the construction contractor would utilize their own QSP for SWPPP implementation during project construction. Should changes to the SWPPP be required during construction, a budget amendment may be required. Deliverables • Preparation of the Draft and Final SWPPPs to the LRP. • Participation in the process of securing coverage (WDID #) under the Construction General Permit. 9 May 14, 2019 Item #3 Page 22 of 57 Project Element 6 -CEQA PSA19-751TRAN Exhibit "A" ICF will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) for CEQA compliance. The IS/MND will meet all the requirements of the CEQA Guidelines. Should the initial study indicate that a significant and unavoidable impact may occur, ICF can submit a separate cost and scope to prepare an EIR. 6.1 Project Description ICF will prepare the Project Description based on input from the project team, data needs and responses, and review of the project plans and supplemental reports. A clear and accurate Project Description is essential to the CEQA analysis. The Project Description will incorporate the following topics: o Project Site Location o Project Characteristics o Project Construction and Phasing o Project Approvals Required Assumptions • One round of comments will be received prior to preparation of the final Project Description • This task also includes budget for reviewing project materials and preparing a data needs list to close any information gaps. Deliverables • Data needs memo • Electronic copies of the project description 6.2 Draft Initial Study/Mitigated Negative Declaration (ISIMND) Upon completion of the Project Description and receipt of project data needs, ICF will prepare the first administrative draft of the IS/MND. The Administrative Draft IS/MND will discuss all environmental resources identified in the CEQA Guidelines Environmental Checklist (Appendix G) and will include the results of the impact analyses conducted in tasks 3.4 (Cultural Resources) and here in 6.2. The Administrative Draft IS/MND will also include construction-based air quality and noise technical studies, as discussed below. ICF has budgeted up to four rounds of City review of the administrative draft IS/MND. ICF will complete the Draft IS/MND based on the City's comments and submit a screencheck Draft IS/MND for City approval. This review is for fatal flaws only and is not intended as a comprehensive review as conducted for the Administrative Draft IS/MND. Once approval from the City is received , ICF will provide the City with a web-ready PDF version of the Public Draft IS/MND for uploading onto the City's website and up to 10 hard copies (color), including Appendices (black & white). Assumptions • This task provides for up to four rounds of City review of the Administrative Draft IS/MND. • This task provides one fatal flaw review of the Public Draft Print-Ready Version of the Draft IS/MND. • No scoping period (including no scoping meeting) will be needed . • 10 May 14, 2019 Item #3 Page 23 of 57 Deliverables PSA19-751TRAN Exhibit "A" • Electronic copies of administrative draft and revised Draft Initial Study/MND • Up to four hard copies (one for each City review of the administrative Draft IS/MND) • Up to ten (10) hard copies of the Public Draft IS/MND • Electronic copies of the Public Draft IS/MND in MS Word/Adobe PDF, including a web-ready version Biological Resou rces Impact Analysis -Based on a finalized wetland delineation field survey report, Special-Status Wildlife Habitat Assessments reports, and the Vegetation Mapping and Botanical Surveys reports, ICF will prepare the Biological Resources section of the CEQA document. All of the required documentation for the Biological Resources section will be included, per the Biological Resources CEQA Checklist. The finalized wetland delineation field survey report, Special- Status Wildlife Habitat Assessments reports, and the Vegetation Mapping and Botanical Surveys reports will be included as an attachment to the document. Both a quantitative and qualitative impact assessment will be provided for all of the CEQA checklist questions in the document. Impact acreages will be provided for all vegetation communities, including sensitive natural communities. Costs include approximately 8-12 hours to develop a temporary and permanent impact layer in GIS (i.e., as a polygon file) from the engineering data. Only one round of developing the impact layer is included in the cost estimate. If multiple rounds of generating an impact layer is needed, an additional 8-16 hours could potentially be required to update the GIS data, ensure all impact acreages are correct, and to review the impact analysis for all species. Assumptions • Two rounds of review for the City of Carlsbad is included. • Two rounds of review for USFWS/CDFW (each followed by a review by the City) is included, with an emphasis primarily on finalizing the mitigation measures for the project. • Costs include the submittal of all associated protocol survey result documents, as well as submission of GIS data, per the requirements of the CEQA Checklist. • Note, this is not a separate technical report, but does contain the necessary impact analysis information that will be incorporated directly into the IS/MND. Noise Analysis -ICF will identify relevant noise and vibration regulations (City, State, and federal) and planning standards by which to assess potential project impacts. Existing land uses and noise- sensitive receptors in the project area will be identified along with existing sources of noise. Existing noise conditions in the project area will be quantified based on short-term (15 -30 minutes) noise measurements conducted at up to four (4) locations in the project vicinity. Construction noise and vibration will be analyzed using methodologies provided by agencies such as the Federal Transit Administration (FTA), the Federal Highway Administration (FHWA), and the California Department of Transportation (Caltrans). Similar methodologies will be used to analyze near-term and/or long-term maintenance activities (if any). If potentially significant noise and/or vibration impacts are identified, measures to reduce impacts to a less-than-significant level will be recommended. ICF will prepare the Noise section of the IS/MND, in accordance with CEQA requirements, that summarizes the noise and vibration analyses and findings, including any relevant project design features and required mitigation measures. Additional technical documentation will be included, as necessary, in an appendix to the IS/MND. 11 May 14, 2019 Item #3 Page 24 of 57 Assumptions • A standalone noise technical study will not be prepared. PSA19-751TRAN Exhibit "A" Air Quality Analysis -ICF will analyze the potential air quality and greenhouse gas (GHG) impacts of the project. Implementation of restoration-related activities would involve the use of construction equipment and vehicles. Construction emissions from restoration activities will be quantified using an approved modeling methodology, such as CalEEMod or other adopted models. ICF will estimate emissions from operations and maintenance (O&M) activities (e.g., vehicle trips, equipment use) based on information provided to air quality staff. The air quality and GHG team will work with the restoration team to identify the potential for restoration opportunities to effect existing sequestration and plant decomposition emission rates (i.e., GHG flux). GHG emission benefits associated with increased sequestration will be quantified to the extent feasible and discussed within the overall GHG and climate change narrative. Emissions associated with air quality will be summed at the daily time scale and evaluated against relevant thresholds from San Diego Air Pollution Control District (SDAPCD), which are the Air Quality Impact Analysis Trigger Levels from Rule 20.2. While the City has not formally adopted these thresholds, these thresholds were used in the City's General Plan and have since been used in recent CEQA projects where the City was the lead agency. GHG emissions will be quantified and summed at the annual time scale, and impacts will be based on the net change in emissions relative to existing conditions. The analysis will discuss consistency of the project with the City's Climate Action Plan (CAP), and any relevant measures from the CAP will be incorporated or referenced, as needed. The analysis associated with pollutant concentrations -specially related to carbon monoxide and toxic air contaminants -will be discussed qualitatively. The air quality and GHG analysis will analyzes the potential impacts of the project consistent with all applicable procedures and requirements of the California Air Resources Board (CARS), the City of Carlsbad, and currently-accepted best practices. This scope of work assumes all construction assumptions (e.g., schedule, phasing, equipment) will be provided by the City of Carlsbad. The analysis will be contained within the IS/MND itself, and technical support information (technical emission calculation details and emissions calculations) will be provided as an appendix to the IS/MND. 6.3 Responses to Comments, Final MND, and MMRP ICF will compile all comments received during public review by the City. ICF will then bracket and respond to all comments that relate to the environmental analysis or to alternatives to the project. ICF will then submit all draft responses to the City for review. This submittal may be in a tabular format to help streamline the City's review. After the City reviews, ICF will revise (as appropriate) and include with the Administrative Final MND. The Administrative Final MND will include any revisions to the Draft MND as a result of the comments received during public review. ICF will also complete a draft Mitigation Monitoring and Reporting Program (MMRP) for the City's review. Revisions for up to three reviews of the administrative Final MND and MMRP are budgeted. None of the revisions will require new or expanded analysis. Once the City is satisfied with the administrative Draft IS/MND, ICF will then prepare the Final MND and MMRP for the City Council (or other decision-maker, as appropriate). Prior to publication, ICF will provide the Final MND and MMRP for a fatal flaw review by the City, which is intended only as a brief review to ensure no issues exist that would prevent publication. Once approved, ICF will 12 May 14, 2019 Item #3 Page 25 of 57 PSA19-751TRAN Exhibit "A" provide 10 hard copies and a web-ready electronic version to the City. ICF will also provide the City with a web-ready PDF of the Final MND for uploading onto the City's website. Assumptions • ICF assumes up to three comprehensive reviews by the City for the Administrative Final MND and the MMRP. • ICF assumes one fatal flaw review of the publication-ready Final IS/MND and MMRP. Deliverables • Up to ten (10) hard copies of the Final MND for City Council (or other appropriate decision- maker) use and for City staff • Electronic copies of the Administrative Final MND, Final MND, and MMRP in MS Word/Adobe PDF, including a web-ready version of the Final MND Project Element 7 -Mitigation Construction Field Implementation The ICF Team will provide oversight of the mitigation construction field implementation to ensure the constructiOn and implementation of the mitigation project is carried out per the Agency-approved HMMP and any associated permits and approvals. Mitigation site grading will be timed to occur outside the bird nesting season and will be completed prior to the start of the rainy season (October 1 ). If activities need to be conducted within this window, ICF will coordinate with the City and upon their concurrence, the appropriate regulatory agencies will be coordinated with to develop and implement the appropriate minimization measures to ensure the project avoids nesting bird impacts. ICF restoration ecologists will be onsite weekly during implementation of the mitigation project and during key activities. These key activities include: project kick-off, any grading activities, container plant delivery, container plant layout, seeding, and at the completion of implementation activities to provide concurrence that installation is complete. ICF restoration ecologists will also attend any necessary progress meetings. Additionally, an ICF restoration ecologist will conduct a quality assurance site visit, before delivery, to the nursery growing the container plants to confirm quantities, species, and health. A memorandum will be prepared documenting the completion of installation and the start of the 120-Day Plant Establishment Period (PEP). While not explicitly required in the RFP , a 120-Day PEP is a standard industry practice to ensure the health and success of the installation before the 5-year maintenance and monitoring period begins. ICF restoration ecologists will visit the site monthly during the 120-Day PEP and provide a "punch list" to the contractor of any activities needed, including replacement of any dead or diseased plants, repair of erosion, removal of trash, etc. and, at the end of the 120-Day PEP, prepare a memorandum documenting completion. ICF will also work with the construction contractor to create project as-builts that meet City needs and requirements and address any Request for Information (RFI) requests from the City. At the completion of the 120-Day PEP , the site will enter the 5-year maintenance and monitoring period. Deliverables • Installation Completion Memorandum. • 120-Day PEP Completion Memorandum • As-built construction drawings. 13 May 14, 2019 Item #3 Page 26 of 57 PSA19-751TRAN Exhibit "A" Project Element 8 -Post-Implementation Year One Maintenance, Monitoring, and Reporting ICF will provide oversight of maintenance of the mitigation site and conduct monitoring (i.e., quantitative and qualitative) per the approved HMMP during the first year of the 5-year maintenance and monitoring period. Monitoring will include both qualitative and quantitative methods. Qualitative monitoring visits will be conducted in accordance with the agency-approved HMMP but are expected to be monthly for the first 6 months and quarterly for the remainder of the project. Qualitative monitoring will likely to consist of documenting overall site conditions, including general condition of plants (e.g., plant health/vigor and mortality), seed germination rates, native plant recruitment, presence and type of terrestrial fauna using the site, etc. The goal of qualitative monitoring if to proactively assess site conditions to address issues before they become a problem. A memorandum will be prepared after each qualitative monitoring visit to document general site conditions and any recommended remedial measures. Quantitative monitoring will also be conducted in accordance with the agency-approved HMMP but is expected to be annual and include photo documentation, vegetation transects , hydrology monitoring, and CRAM. Monitoring will be used to determine the success of the mitigation project compared to Year 1 project performance standards provided in the agency-approved HMMP. An annual monitoring report will be prepared that includes a description of methods, results, comparison to project performance standards, any maintenance activities conducted over the year, and provide recommendations for the following year. The qualitative monitoring memoranda will be included as an appendix to the annual report. Upon City approval of the final Year 1 annual maintenance and monitoring report, ICF will submit it to the applicable resource agencies. Assumption • Assumes one round of review and edits by the City. Deliverables • Qualitative Monitoring Visit Memoranda (approximately 8). • Draft and final Year 1 Annual Monitoring Report. Schedule Table 1 provides a rough schedule of completion for the project elements identified in the Scope of Services above. 14 May 14, 2019 Item #3 Page 27 of 57 PSA19-751TRAN Exhibit "A" 1. SUMMARY OF BILLABLE HOURS AND EXPENSES BY TASK Table 2 below provides an estimated listing of labor hours broken-down and totaled for each project element (and sub-element) identified in the scope of seNices. Table 2. Estimated Total Staff Hours per Project Elements and Sub-Element Project Element Total Staff Hours 1.0 Project Management 206 2.0 Developn:!ent of APRM Program 146 3.1 ½'etla~ Delineatio~ Field Survey 44 3.2 Cost/Benefit Analysis 22 3.3 Hydrology and Hydraulic Study and Inundation Mapping 277 3.4 Cultural Resources Survey 122 . 3.5 Wetland/Riparian ~itig_ation _l½sessment Memorandu_m 80 4.1 Habitat Mitigation and Monitoring Plan 125 4.2 California Rapid Assessment Method 32 4.3 Special Status Wildlife Habitat_hssessment 40 4.4 Vegetation Mapping and Botanical Surveys 36 5.1 ~rading, Pl~_r::iting, and lrr!gation Pl~n.s and Specific::ations_ _ 420 5.2 Stormwater Pollution Prevention Plan 62 ~-1 __gEOA _Project Description 30 6.2 CEQA Draft IS/MND 419 6.3 CEO~ Respon~e to comments, Final MND and MMRP 102 7.0 Mitigation Construction Field Implementation 1 230 8.0 Post Implementation Year 1 Maintenance, Monitoring & Reporting 175 TOTAL 2,317 16 May 14, 2019 Item #3 Page 29 of 57 Spears-Cervantes Bukojemsk Employee Name Teunis L Van Sant R Lebrun L L Layden R Guerrero M yA WittersR SteinB BrullatJ CaseyC PM/Mitigati Restoration QA/QC for Landscape Landscape Restoration Project Role PD on Lead lead JO Lead JO Support APRM Architect Architect GIS Ecologist Biologist Mng Sr Consult Sr Consult Assoc Mng Sr Tech Asst Sr Consult Assoc Assoc Pro·ect Element Labor Classification Pro· Dir Consult II I Consult I Consult Analyst Consult II Consult I Consult I E.~?iect Element 1 -Project Manac:iement 24 BO 31 E.~~iect Element 2 -Develooment of APRM Pro ram 10 90 16 16 E.~oject Element 3 -Assessment of Miti~ption Site 3.1 Jurisdictional Delineation Field Survev 14 24 3.2 Cost/Benefit Anal sis 10 10 3.3 Hvdrologx and Hldraulic Studl and Inundation MaP.P..iD.a 10 15 15 10 3.4 Cultural Resources Survev and Technical Reoorts 3.5 Wetland/Riparian Mitic:iation Assessment Memorandum 13 13 40 E.~oject Element 4 -Preparation of Habitat Miti9ation and Monitorins Plan /HMMPl •-,_ ·- 4.1 HMMP 16 15 56 4.2 California Rapid Assessment Method {CRAMJ 10 2 20 4.3 Soecial Status Wildlife Habitat Assessments 20 l 20 ! 4.4 Veqetation_ Mappin_s and Botanical Survevs 4 i E.~~·ect Element 5 -Preoaration of Construction Plans .-i 5.1 Gradino,_ Plantin_9.,_and _lrri_aation Plans and Specifications 10 i 14 i 40 i 5.2 Stormwater Pollution Prevention Plan 20 E.~~·ect Element 6-CEQA 6.1 Proiect Description 6.2 Draft IS/MN□ 40 30 6.3 Response to comments, Final MN□ and MMRP E.~?iect Element 7 -Mitiaation Construction Field lmolementatlon 36 10 20 68 76 Pro·ect Element 8-Post Im lementation Maintenance, Monitorino, and Re ortino 2 I 26 ! 24 ! 5! 24 ! 74 l Total hours 53 218 191 14 84 50 14 40 114 92 306 Rate $205 $170 $150 $135 $100 $170 $175 $85 $150 $100 $100 Subtotals $10,865 $37,060 $28,650 $1,890 $8,400 $8,500 $2,450 $3,400 $17,100 $9,200 $30,600 Direct Expenses 523.02 Reproductions 523.04 Postage and Delivery 523.05 Travel, Auto, incld. Mileage at current IRS rate (.580/mile) 523.06 GIS/CAD/MAC 523.07 SCIC Records Search Mark up on all non•labor costs and subcontractors: 10% Direct exoense subtotal Subtotal orice 3% Labor Escalation per vear Assumptions: 30% hours in vear 2019, 30% in year 2020, 30% in year 2021 and 10% in vear 2022. Total orice DateprintedJ/28/2019 7:20AM Table 1. Cost Estimate for City of Carlsbad APRM Consuftina Staff Droessler Richmond Halterman Johnston S Salas N CoxN Chmiel K R Crawford K C Bi1se M Seklecki E McFallsM s Archeologi Archeologi Archaeolog Archaeolog CEQA QAJQC for Biologist Biologist ,t st ist y Lead/PD Lead/PD CEQAPM Analyst AQ AQ Sr Consult Assoc Sr Consult Assoc Sr Consult Assoc Sr Consult Assoc II Tech Trnee Consult] I Consult Ill Proi Dir Proi Dir Ill Consult II Ill Consult II 6\ 20 10 ·•· 40 62 12 12 ! 20 ! 12 20 10 36 55 20 70 10 28 30 2 32 20 40 62 12 28 90 107 23 71 $150 $75 $100 $135 $120 $205 $205 $160 $110 $160 $110 $4,800 $1,500 $4,000 $8,370 $960 $2,460 $5,740 $14,400 $11,770 $3,680 $7,810 Approved by Finance [ sh } Subcontractor -TRWE Rzeszutko J QNQCfor other Senior Assoc. Noise Noise charges Principal PM Senior Eng. Eng. (Topograp Sr Consult Assoc hie Ill Conultl Subtotal Mappinc:i) $_?_?_,700 $0 2\ 4j 24 $23,670 $0 $0 $0 -, $5,190 $0 $3,610 $0 $8,350 $0 20 202 $15,790 $0 $9,470 $0 $_9 __ $0 $11,885 $0 20 $3,800 $0 $4,000 $0 ! $3,900 $0 ! $0 $0 i $7,350_ ____ $20,000 ! 40 182 140 $2,000 $0 1 2 36 $0 $0 j $4,120 ~9J 40 48 $49,000 $0 l 2 $_J,9,,770 $□ l $24,500 $0 j 20 $19 280 $0 ! 12 43 49 87 210 422 $160 $100 $0 $250 $220 $180 $150 $6,880 $4,900 $235,385 $20,000 $21,750 $440 $37,800 $63,300 Clerical Subtotal $5,850 $1 500 ~~e175o $3,750 $84,120 $6,620 $3,600 $3,000 10 $90 $900 $144,190 PSA 19-751TRAN Exhibit "A" Production Staff Ken Cherry Editor Subtotal Labor Total $0 $34,550 $0 __ .... , ,$25l170_ $0 $0 $0 $5,190 $0 $3,610 $0 $44,100 $0 $15,790 $690 $10,160_ $0 $0 $690 $16,325 $0 $3,800 $0 $4,000 $0 $3,900 $0 $0 $0 $91,470 $0 $8,620 $0 $0 $0 $4,120 40 $4,600 $53,600 28 $3,220 $13,990 $0 $28,100 6 $690 $22,970 86 $115 $9,890 $9,890 $389,465 Direct Expenses $1,500 $1,500 $200 $200 $500 $500 $1,000 $14,959 $20,359 Carlsbad _MitPlanning_ Cost_Rev _ 0326 l 9(client) Total Price $409,824 $8,963 $418,787 May 14, 2019 Item #3 Page 30 of 57 ~ESA ~ April 13, 2018 Mr. Danny Zimny Public Works Transportation and Engineering City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008-7314 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 phone 619.719.4201 fax EXHIBIT3 www.esassoc.com Subject: City of Carlsbad College Boulevard Site -Assessment of Wetland/Riparian Mitigation Opportunity Dear Mr. Zimny: This letter report provides an assessment of the current estimated opportunity to conduct wetland/riparian habitat mitigation within the floodplain of Calavera Creek within the College Boulevard site. The site is located north of the intersection of Cannon Road and College Boulevard with Assessor Parcel No. (APN) 168-361-02 (Figure 1) and occurs within a portion of Lot 9 of Lot Map Number 15608, recorded September 7, 2007, as file number 2007-0612802, in the City of Carlsbad (City). A consultant retained by the City, AECOM, prepared a wetland mitigation plan for the site in 2013 but the mitigation was not implemented. Environmental Science Associates (ESA) understands the intent of the 2018 assessment is to document the current condition of the site and update the estimation of mitigation types and acreage(s) to establish an updated baseline to support future planning and implementation. ESA conducted the field assessment on January 25 , 2018. It is appropriate to note that the City has retained a geotechnical company to install two piezometers within the site to monitor fluctuations in groundwater levels over time to support mitigation planning. Because the site had flowing water and areas of temporary, shallow ponding in the winter and spring of 2018, installation of the piezometers will likely occur in the early summer of 2018 when equipment can access the site. Provided below are a review of site background information, 2018 assessment results, planning and implementation considerations, and conclusions and recommendations. BACKGROUND INFORMATION The site occupies a westerly portion of the Calavera Creek floodplain. The project area was actively farmed for approximately 75 years until 2002, when construction began on the Robertson Ranch development and College Boulevard improvements. From 2002 to 2005, the site was continuously graded and disturbed as part of the development work. An historical aerial photograph from March 2003, which shows disturbed area on-site, is included in Appendix A for reference. On June 23, 2004, a Grant Deed of Easement was recorded in which Calavera Hills II, L.L.C. granted an easement for a portion of the property, known as Basin BIB, to the City of Carlsbad for storm water inundation purposes. The cover page of the Grant Deed and page one of the deed's Exhibit B are included in Appendix B for reference. Since disturbance ended in 2005, portions of the project area have revegetated through natural recruitment and/or implementation of native habitat restoration/mitigation projects. As a result of the past disturbance, portions of May 14, 2019 Item #3 Page 32 of 57 r-ESA ~ Mr. Danny Zirnny April 13, 2018 Page 2 the project area outside of previously implemented habitat restoration/mitigation projects have been characterized in recent history as disturbed wetland/riparian habitat with a mixture of non-native and native plant species. Based on its disturbed condition and setting within the Calavera Creek floodplain, a portion of the floodplain ( outside of previous restoration/mitigation areas) was detennined to be a good candidate site for wetland/riparian restoration and use as a compensatory mitigation site. Relatively few details have been obtained regarding earlier habitat restoration/mitigation projects in this area. Figure 1 and Figure 2, which depict the limits of the potential mitigation area identified by ESA, also depicts adjacent, previously installed restoration/mitigation areas. The Robertson Ranch mitigation site was implemented in accordance with a mitigation plan prepared in 2002 by RECON Environmental (RECON). ESA contacted RECON in January and March 2018 to request additional information on adjacent mitigation work. Project file information was not readily available for the Robertson Ranch mitigation area (also called Basin BJB mitigation areas) but RECON indicated the combined Robertson Ranch mitigation totaled 10. 7 acres. RECON was involved with installation oversight ( date note provided) and monitoring for two years before discontinuing work on the mitigation. Figures 1 and 2 also depict the limits of another restoration/mitigation area to the south that was previously implemented, as shown in a plan prepared by AECOM in 2013. In addition, during the field assessment of the project area in 2018 ESA identified an additional existing restoration/mitigation area (based on vegetation indicators and presence of irrigation sprinkler heads), which is called-out in Figures 1 and 2. RECON indicated this additional mitigation area may have been added to replace a portion of the Basin BJB mitigation that was originally planned to be located along Little Encinas Creek, or it could be associated with another project. On behalf of the City, AECOM in April 2013 prepared the Wetland Mitigation Site Monitoring and Maintenance Plan for City of Carlsbad Agua Hedionda and Calavera Creek Channels Dredge Project No. 3338. The AECOM plan makes reference to a conceptual plan for a wetland restoration program that was prepared for the site in 2009 by Glenn Lukos Associates but a full citation is not included in the 2013 plan. The 2013 mitigation plan proposes and presents 2.03 acres of wetland creation/restoration and 3.57 acres of enhancement (5.60 acres total). As part of the 2.03 acres of wetland creation/restoration, the AECOM plan includes an approximate 1.0-acre area that would have been subject to excavation grading (<2 feet in depth). Two figures from the AECOM report depicting the limits of proposed site and creation/restoration and enhancement areas are included in Appendix C. As part of this planning, AECOM also prepared grading, irrigation, and planting plan sheets and specifications (i.e., mitigation construction documents). The Agua Hedionda and Calavera Creek Channels Dredge Project ultimately did not go forward, so the proposed mitigation was not implemented and the site is therefore available to provide compensatory mitigation for one or more other City projects. As noted in the AECOM mitigation plan (2013), native plant species have volunteered within portions of the site such that the site has partially reverted to native wetland/riparian habitat. This trend was also noted during a reconnaissance site visit conducted by the City and ESA on October 13, 2017. In general, the natural recruitment of native plant species within the site partially reduces the available acreage for restoration and enhancement mitigation. May 14, 2019 Item #3 Page 33 of 57 r-ESA _.,4 Mr. Danny Zimny April 13, 2018 Page 4 groundwater to increase soil moisture) and/or hydrology modifications ( e.g., diversion of supplemental water to a site) to convert an upland area to a wetland. Re-establishment (a type ofrestoration): Manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. An example of re- establishment includes excavation of soil ( e.g., lowering of native soil or removal of fill) and/or re-establishment of wetland hydrology to convert a former wetland area (that is not currently functioning as a wetland) back to wetland. Rehabilitation (a type ofrestoration): Manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to an existing degraded aquatic resource. Rehabilitation may or may not include soil excavation or hydrology modifications. In addition to removal of non-native invasive plant species, rehabilitation typically involves a native restoration planting effort to convert degraded habitat. Enhancement: Manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement may only improve one aquatic function ( e.g., biological habitat function), whereas rehabilitation typically involves improving a more degraded aquatic resource and improving multiple functions ( e.g., hydrology function, etc.). Enhancement typically involves the removal of non-native invasive plant species and may, or may not, include a native habitat planting effort. Preservation: Removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. An example of preservation includes legal protection of a special aquatic resource that may be zoned for potential development. It is also appropriate to note that the resource agencies have the discretion on a case-by-case basis to approve upland buffer mitigation value as part of a wetland/riparian mitigation site when it is determined that preservation and long-term management of a non-wetland buffer is important in maintaining the ecological functions of a wetland/riparian area. Soils and Hydrology Provided below are summaries of topography and soils, and hydrology on-site. Topography and Soils. The valley below Calavera Dam in Calavera Creek does not have a broad floodplain for the first 2,000 feet, but it then transitions to a relatively wide floodplain in which the potential mitigation site is located. Elevations in the potential mitigation site range from approximately 70 to 74 feet above mean sea level (msl). The potential mitigation site and its immediate surroundings are relatively flat with a gentle downslope May 14, 2019 Item #3 Page 35 of 57 r-ESA ~ Mr. Danny Zimny April 13, 2018 Page 6 The assessment took into account the existing mitigation areas including the unnamed restoration/mitigation area not depicted in the 2013 AECOM mitigation plan. During the January 2018 assessment, ESA noted vegetation indicators and the westerly extent of irrigation sprinkler heads (see Figure 2) that provided "tell-tale" signs of a previously installed restoration/mitigation area. The irrigation heads and habitat condition were used.to establish a portion of the eastern boundary of the potential mitigation area. Provided below is a review of the six subareas of the potential mitigation area ordered from north to south, numbered 1 through 6. Area 1 (0.25 acre). Disturbed open/low-growing floodplain habitat with approximately 2% native midstory cover and 1-2% native understory cover. Non-native plant cover is approximately 95% and bare ground accounts for approximately 2%. A representative photograph is included in Figure 3a. Based on its ecological setting and the predominant species, the area is estimated to be under state-only jurisdiction. The area is considered an appropriate location to conduct excavation grading of approximately 1-2 feet (to bring the site closer to groundwater and promote more runoff accumulation and soil moisture) followed by native planting and seeding to re-establish wetland habitat under concurrent federal and state jurisdiction. Grading could also include creation of small channels ( approximately one foot in depth) that could extend in a southerly direction through the other potential mitigation subareas to establish one or more secondary channels in the floodplain. Figure 2 depicts the approximate location of potential secondary channels. If grading is not conducted, rehabilitation of riparian/wetland habitat could occur through removal of non-native species and establishment of native species via planting and seeding. Area 2 (0.19 acre). Predominately riparian scrub floodplain habitat with approximately 85-90% native midstory cover and 1 % native understory cover. Non-native cover is approximately 10%. A representative photograph is included in Figure 3a. Based on its ecological setting and the predominant species, the area is estimated to be under state-only jurisdiction (i.e., disturbed riparian habitat). During the site assessment, there was shallow water over approximately 1-2% of the area from seasonal rain events. Because of the predominance of native vegetation within this area, the location is considered appropriate for enhancement of riparian/wetland including primarily removal and control of non-native species and potentially limited planting and/or seeding of native species. If grading occurs in Area 1 including establishment of a secondary channel, grading of that channel could extend through Area 2 (Figure 2). Area 3 (0.70 acre). Disturbed. riparian scrub floodplain habitat with approximately 20% native midstory cover and 40% native understory cover. Non-native cover is approximately 40%. A representative photograph is included in Figure 3b. Based on its ecological setting and the predominant species, the area is estimated to be under state-only jurisdiction. During the site assessment, there was shallow water over <1 % of the area from seasonal rain events. Because approximately 60% of the plant cover is comprised of native species, the location is considered appropriate for enhancement or rehabilitation of riparian/wetland including primarily removal and May 14, 2019 Item #3 Page 37 of 57 Mr. Danny Zimny April 13, 2018 Page 7 control of non-native species and potentially limited planting and/or seeding of native species. If grading occurs in the northern portions of the potential mitigation area including establishment of a secondary channel, grading of that channel could extend through Area 3 (Figure 2). Area 4 (1.41 acres). Disturbed open/low-growing floodplain habitat with <1 % native midstory cover and 3% native understory cover. Non-native plant cover is approximately 90% and bare ground accounts for approximately 5%. A representative photograph is included in Figure 3b. Based on its ecological setting and the predominant species, the area is estimated to be under state-only jurisdiction (i.e., disturbed riparian habitat) but portions might also be under concurrent federal and state jurisdiction (i.e., disturbed wetland) depending on the results of a wetland delineation. During the site assessment, there was slow moving shallow water over approximately 10-15% of the area from seasonal rain events. The area is considered an appropriate location to conduct excavation grading of approximately 1-2 feet followed by native planting and seeding to re-establish wetland habitat under concurrent federal and state jurisdiction. If grading is not conducted, rehabilitation of riparian/wetland habitat could occur through removal of non-native species and establishment of native species via planting and seeding. If grading occurs in the northern portions of the potential mitigation area including establishment of a secondary channel, grading of that channel could extend through Area 4 (Figure 2). Area 5 (0.46 acre). Disturbed open/low-growing floodplain habitat with approximately 5% native midstory cover and 5% native understory cover. Non-native plant cover is approximately 90%. A representative photograph is included in Figure 3c. Based on its ecological setting and the predominant species, the area is estimated to be under state-only jurisdiction. During the site assessment, there was shallow water over <1 % of the area from seasonal rain events. The area is considered an appropri<l_;te location to conduct excavation grading of approximately 1-2 feet followed by native planting and seeding to re-establish wetland habitat under concurrent federal and state jurisdiction. If grading is not conducted, rehabilitation of riparian/wetland habitat could occur through.removal of non-native species and establishment of native species via planting and seeding. If grading occurs in the northern portions of the potential mitigation area including establishment of a secondary channel, grading of that channel could extend through Area 5 (Figure 2). Area 6 (0.44 acre). Disturbed riparian scrub floodplain habitat with approximately 65% native midstory cover and 5+% native understory cover. Non-native cover is approximately 30%. Area 6 encompasses two areas and a representative photograph is included in Figure 3c. Based on its ecological setting and the predominant species, the majority of the area is estimated to be under state-only jurisdiction. There is a small side channel within the northern portion of Area 6 that flows from west to east, and during the site assessment there was flowing water approximately 3 to 6 feet wide. If grading occurs in the northern portions of the potential mitigation area including establishment of a secondary channel, grading of that channel could extend through Area 6 and connect with the existing side channel that drains into Calavera Creek. Because approximately 70% of the plant cover is comprised of native species, the location is considered appropriate for enhancement of riparian/wetland inc)uding May 14, 2019 Item #3 Page 38 of 57 r--ESA ~ Mr. Danny Zimny April 13, 2018 Page 8 primarily removal and control of non-native species and potentially limited planting and/or seeding of native species. The primary non-native species in the potential mitigation area include whorled dock (Rumex conglomeratus), rabbitfoot grass (Polypogon monospeliensis), bristly ox-tongue (Helminthotheca echioides), prickly sow-thistle (Sonchus asper), pampas grass (Cortaderia selloana), sweet fennel (Foeniculum vulgare), soft chess (Bromus hordeaceus) and additional non-native grasses (Bromus spp.). The primary native species in the potential mitigation area include western ragweed (Ambrosia psilostachya), marsh evening primrose (Oenothera elata spp. hookeri), Douglas mugwort (Artemisia douglasiana), pale spikerush (Eleocharis macr_ostachya), salt grass (Distichlis spicata), toad rush (Juncus bufonius), southwestern spiny rush (Juncus acutus spp. leopoldii), coastal goldenbush (Jsocoma menziesii), mule fat (Baccharis salicifolia), coyote brush (Baccharis pilularis), broom baccharis (Baccharis sarothroides), and arroyo willow. Buffer (0.50 acre). A potential 10-foot wide buffer around the potential wetland/riparian mitigation site is depicted on Figure 2. The buffer includes riparian/wetland and upland habitat that is primarily comprised of native species but includes some scattered non-native species. The buffer is included for control of scattered non- native species adjacent to the potential wetland/riparian mitigation in order to reduce potential invasion of non- native species and to help maintain the ecological functions of the mitigation site if it is implemented. If the potential mitigation site is designed in more detail and submitted to the resource agencies for approval, the buffer can be proposed for inclusion in the total mitigation acreage, which would increase the mitigation area to 3 .95 acres. The site assessment did not focus on detection of wildlife species but wildlife use of the area was noted including sign of mule deer (Odocoileus hemionus) and coyote (Canis latrans). Also, the federally threatened coastal California gnatcatcher (Polioptila californica californica) was heard calling in upland habitat west and east of the potential mitigation site. A summary of the potential mitigation opportunities is provided in Table 1. Most of the post-implementation mitigation habitats are expected to be riparian scrub and woodland habitats ( dominated by mule fat and arroyo willow) and riparian woodland but some inclusion areas of wetland meadow habitat would be expected. TABLE 1 SUMMARY OF POTENTIAL MITIGATION TYPES Area and Existing Habitat Acreage and Post-Mitigation Habitat Re-establishment/Restoration Area 1: Disturbed open/low-growing floodplain habitat 0.25 acre: Riparian scrub/woodland Area 4: Disturbed open/low-growing floodplain habitat 1.41 acres: Riparian scrub/woodland and wet meadow May 14, 2019 Item #3 Page 39 of 57 r-ESA ~ Mr. Danny Zimny April 13, 2018 Page 9 Area 5: Disturbed open/low-growing floodplain habitat Subtotal Enhancement Area 2: Riparian scrub floodplain habitat Area 3: Disturbed Riparian scrub floodplain habitat Area 6: Disturbed Riparian scrub floodplain habitat Subtotal Buffer 10-foot buffer including Riparian scrub and Upland sage scrub Subtotal TOTAL 0.46 acre: Riparian scrub/woodland 2.12 acres 0.19 acre: Riparian scrub 0.70 acre: Riparian scrub 0.44 acre: Riparian scrub/woodland 1.33 acres1 0.50 acre: Riparian scrub and Upland sage scrub 0.50 acre 3.95 acres 1. Note: Enhancement mitigation acreage is sometimes calculated by the percentage of non-native plant cover (not counting existing native plant cover) such that the projected enhancement total could be less than 1.33 acres. PLANNING AND IMPLEMENTATION CONSIDERATIONS Provided below are issues and considerations regarding additional site planning and implementation of the potential mitigation site. • Additional site analyses and surveys would be needed to support preparation of a conceptual mitigation plan for submittal to the resource agencies to obtain approval of the proposed mitigation credit types and acreages. The primary additional surveys would include (1) a wetland delineation (i.e., to confirm the existing jurisdictional status of the potential mitigation area and to support a determination whether the jurisdictional status would be changed in some areas as part of proposed mitigation activities), (2) a functional assessment ( e.g., CRAM) of the potential mitigation area or a reference site so that functional metrics could be included in the performance standards section of the mitigation plan, and (3) a cultural resource records search to determine if sensitive cultural resources have been documented in the project area and whether site testing is merited. Based on the past land use, a hazardous materials Phase 1 report might also be needed if grading is proposed as part of a final mitigation plan. • A full hydrologic study would be beneficial but not necessarily required for mitigation planning. Minimum hydrology information that would be beneficial would include a determination of runoff volumes in the sub- watershed area below Calavera Lake and a Hydrologic Engineering Center River Analysis System (HEC- RAS) analysis of the lateral extent of surface flows under different storm events ( e.g., 2-, 10-and 25-year storms). These hydrologic analyses in addition to groundwater data would provide higher confidence regarding the determination of proposed mitigation types and the potential extent of site grading that may be needed to establish appropriate hydrological and ecological conditions for proposed mitigation. • As discussed earlier, the City has retained a geotechnical company to install two piezometers within the site to monitor fluctuations in groundwater levels over time to support mitigation planning. It is preferable to May 14, 2019 Item #3 Page 40 of 57 r-ESA ~ Mr. Danny Zimny April 13, 2018 Page 10 obtain groundwater data for multiple seasons and more than one year but data that can be provided in 2018 during dry and wet months should be initially sufficient to support development of a mitigation plan. A mitigation plan could be prepared in 2018 based on available data but groundwater monitoring could, for example, continue into 2019 or later to assist with tracking of field conditions <)lld management of the site during and after implementation of the mitigation. • As part of development of a mitigation plan, it would be appropriate to confirm there are no utility easements, land use rights or other constraints that could affect the area of proposed mitigation. Also, additional investigation could occur of adjacent restoration/mitigation areas to confirm their status ( e.g., implementation phase signed-off or not) including whether long-term management is being conducted. • Good access to the site exists for equipment and personnel. There is an existing paved access road ( accessed via a lock gate off College Blvd.) that terminates at the southern portion of the proposed mitigation site. (Figure 2). From the terminus of the paved access road is a remnant dirt trail/access road that traverses the full length of the potential mitigation area, primarily along the western boundary (Figure 2). The dirt trail/access road can provide temporary access for equipment such as excavators for grading but would require minor improvements (e.g., temporary leveling in some locations). At the tirne mitigation implementation would be substantially complete, the existing dirt trail/access road could be temporarily left in place for maintenance access for a pre-determined amount of time (e.g., two years) and then decornrnission and planted as part of the mitigation project, or it could be decornrnissioned and planted concurrent with the rest of the mitigation implementation. Note: portions of the dirt trail/access road function partially like a secondary channel during and after rain events, and the conceptual layout of secondary channels in the potential mitigation area include creating a more natural channel segment that follows the dirt trail/access road along the outer portion of the floodplain (Figure 2). • Since excavation grading (i.e., :S2 ft.) is presented as an option in some portions of the potential mitigation site but not others, an appropriate grading design would need to be developed that would be integrated and provide natural grade transitions and runoff flow patterns for the whole site. Floodplain topography is naturally relatively gentle and level but topographic variation and undulations provide conditions that result in different soil moisture levels and promote plant diversity. Establishment of secondary channels is also presented as part of potential grading of the site. It is envisioned that secondary channels would be relatively small (e.g., 3 to 5 ft. wide and :SI-foot deep) and would help convey runoff over the site and also provide topographic diversity and plant diversity. Establishment of channel segments would also be beneficial for mitigation since the resource agencies often require a component of channel-related mitigation for projects that impact channel segments. It would be expected that excavated soil would be hauled offsite as short a distance as possible, and either provided to a project that needs soil or disposed of in an appropriate location. • In regard to temporary irrigation to establish mitigation plantings, a point of connection (POC) and meter would need to be established. It is possible that a connection could be made to an irrigation mainline installed for one of the adjacent restoration/mitigation areas. For a five-year mitigation establishment period, temporary irrigation is typically not used beyond the third year. • In regard to planning and implementation timing, it is expected that a mitigation plan could be prepared and submitted to the resource agencies for approval within a time frame of approximately four to six months. As part of the review of the mitigation plan, the resource agencies would need to know for what specific project May 14, 2019 Item #3 Page 41 of 57 r-ESA ~ Mr. Danny Zimny April 13, 2018 Page 11 impacts (i.e., one or more projects) the mitigation types and acreages would be proposed for -in order to determine it would provide appropriate compensatory mitigation. Once the agencies would approve the mitigation plan, detailed construction documents (i.e., grading, planting, and irrigation plans) could be prepared as needed. It is expected implementation in the field would avoid the bird nesting season (i.e., March to July) and that site preparation (brushing and removal of non-native vegetation) and potential grading would occur during the dry season between August and October. Installation of a temporary irrigation could then proceed, followed by native planting and seeding which typically occurs during the wet season between November and January. • If the mitigation site is implemented, a site preservation mechanism (e.g., restrictive covenant) would need to be established and a long-term manager such as the Center for Natural Lands Management (CNLM) would need to be retained once the five-year establishment period would be completed. CONCLUSIONS AND RECOMMENDATIONS Conclusions and recommendations are provided below. • Based on earlier site assessments (2009 and 2013) and ESA's 2018 site assessment, the site provides a good opportunity to conduct wetland/riparian compensatory mitigation. Therefore, it is recommended the City proceed with more detailed mitigation planning so implementation may proceed in accordance with a time line preferred by the City. • Based on ESA's assessment, the site could provide approximately 3.95 acres of wetland/riparian mitigation value divided between 2.12 acres ofriparian scrub/woodland (and some wet meadow) re-establishment, 1.33 acres ofriparian scrub/woodland enhancement, and 0.50 acre of buffer. As part of this acreage, the site would also likely include mitigation value associated with creation of secondary channels. • Based on follow-up studies and data ( e.g., wetland delineation, functional assessment, hydro logic analyses, and groundwater data), the determination of mitigation types and acreages could be refined and finalized. • Based on the current estimated mitigation types and acreages, it is recommended the City identify future City projects that would need jurisdictional mitigation so these projects could be listed and included in the mitigation plan. As an alternative, the City could request agency approval of proposed mitigation for future, currently unidentified projects as part of an advanced permittee-responsible mitigation approach. • Native plant species do not appear to be colonizing the site at a fast rate but generally the types and acreages of mitigation that can be conducted are reduced over time if more native plant species volunteer in the potential mitigation site. In regard to mitigation planning and implementation timing, it is estimated that planning and resource agency approval (i.e., permit approval) could be conducted during the latter half of 2018 and early 2019, such that installation in the field could proceed in the late summer of 2019. May 14, 2019 Item #3 Page 42 of 57 ~·EsA ~ Mr. Danny Zimny April 13, 2018 Page 12 If you have any questions regarding this assessment and recommendations, please contact me at 619.719.4212 or at jprine@esassoc.com Sincerely, Jim Prine Senior Restoration Ecologist cc: Rosanne Humphrey, City of Carlsbad Alanna Sullivan, ESA Figures: 1 Project Location 2 Potential Mitigation Area 3a Representative Photographs of Potential Mitigation Areas 3b Representative Photographs of Potential Mitigation Areas 3c Representative Photographs of Potential Mitigation Areas Appendices: A Historical Aerial 2003 B Grant Deed of Easement ( excerpt of two pages) C Proposed Calavera Creek Mitigation Plan Figures (AECOM 2013) May 14, 2019 Item #3 Page 43 of 57 r-ESA ~ Mr. Danny Zimny April 13, 2018 Page 13 References: AECOM. 2013. Wetland Mitigation Site Monitoring andMaintenance Plan For City of Carlsbad Agua Hedionda And Calavera Creek Channels Dredge Project No. 3338. Prepared by City of Carlsbad. April. Bowman, R.H. 1973. Soil Survey of San Diego Area, California. Published by the United States Department of Agriculture (USDA) Soils and Conservation Service (SCS), Washington, D.C. May 14, 2019 Item #3 Page 44 of 57 Appendix A Historical Aerial 2003 ~ESA ~ May 14, 2019 Item #3 Page 50 of 57 Appendix B Grant Deed of Easement {excerpt of two pages) ~ESA ~ May 14, 2019 Item #3 Page 52 of 57 Appendix C Proposed Calavera Creek Mitigation Plan Figures (AECOM 2013) r--ESA ~ May 14, 2019 Item #3 Page 55 of 57