Loading...
HomeMy WebLinkAboutAscent Environmental Inc; 2020-03-25;AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL ASSESSMENT CONSULTING SERVICES ASCENT ENVIRONMENTAL, INC. '2J1~~ t:EEMENT corporation, ("City"), and ("Contractor"). is made and entered into as of the J 5-t:\>-... day of , 2020, by and between the CITY OF CARLSBAD, a municipal ASCENT ENVIRONMENTAL, INC. a California corporation RECITALS A. City requires the professional services of an environmental assessment consultant that is experienced with National Environmental Policy Act (NEPA). B. Contractor has the necessary experience in providing professional services and advice related to environmental assessments. 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 one ( 1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) 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 will be an amount not to exceed thirty-five thousand dollars ($35,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000 per Agreement year. 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 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 section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-: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 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 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 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 Dave de Cordova Title Housing Services Manager Department Community Development City of Carlsbad Address 1200 Carlsbad Village Dr. Carlsbad, CA Phone No. (760) 434-2935 For Contractor Name Dimitri Antoniou Title Project Manager Address 455 Capital Mall, Suite 300 Sacramento, CA 95814 Phone No. (916) 930-3195 Dimitri.antoniou@ascentenvironm Email ental.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 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. YesD No ■ 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 City Attorney Approved Version 6/12/18 5 performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor 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 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. ASCENT ENVIRONMENTAL, INC., California c rporation By: (print name/title) sign here) \.\o"'~ Ws,\'\(J~ -':)c.c_~~~ ~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Com Dev Department Director BARBARA ENGLESON City Clerk 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 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of '::)~,~~"':'.\-a } on \Y'\G-fG\,-.. ~b ~'b'}-u before me:-~¼ \J...,<~~\b.ri-~tv-.~ -N~ ~J\o\,c.., Date Here Insert Name and Title of the Officer personally appeared ______ (~)~c;..(~b----~~-c:.)_M~}c_i _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~~ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: C~'::) ~ C c..r\~'½c..e -I\) E:.ef\ &~~tt~~ Document Date: ______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2018 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ?)~Lf<;."""1:-"'-~ } On ~0-r--')~ 1 ').c'),O before me,--\g:-,\r...~ "'(~~~;:)'''~ \\t.,~ ' f\)~~ ~ J~\1. L Date Here Insert Name and Title of the Officer personally appeared ______ 's\_"i>_v--._e._'::) __ w __ S\:~\~U_\. ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seo/ and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~ Signature of Notary Public OPTION~L Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: ______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: __________ Signer is Representing: _________ _ ©2018 National Notary Association SCOPE OF WORK EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Initiation and Management Our team will coordinate with the City to obtain necessary project information, assumptions related to project construction and operational activities, and a description of the proposed project and any alternatives. This will include an initial data needs list and follow-up communication to obtain all available and relevant project information This task also includes internal coordination between staff and subconsultants for budgeting, status updates, and review time for senior staff The task includes phone calls between Ascent and the City, as needed, to develop the project description and obtain all necessar·y data to inform the analysis. ln-per·son meetings are assumed not to be needed. Task 2: Historic Preservation and Section 106 Compliance (ASM Affiliates) Subtask 2a: Conduct a Cultural Resources CHRIS, NAHC, and Title Search ASM Affiliates (ASM), as a subconsultant to Ascent, will conduct a California Historical Resources Information System (CHRIS) records search within a 0.25-mile radius of the proposed project areas at the South Coastal Information Center (SCICJ, which houses cultural resour·ces records The primary purpose of the CHRIS records search is to identify any previously recorded cultural resources known to exist within or adjacent to the project areas. In addition to the archaeological inventory records and r·eports, an examination will be made of historic maps, the National Register of Historic Places (NRHP), the California Inventory of Historical Resources, and the listing of California Historical Landmar·ks. The records search will also reveal the nature and extent of any cultural resources work previously conducted within the project areas. Subtask 2b: Section 106 Consultation ASM will contact the Native American Heritage Commission (NAHC) for a review of their Sacred Lands File. The NAHC will determine whether any NAHC-listed Native Amer·ican sacred lands are located within or adjacent to the project areas. In addition, the NAHC will provide a list of Native Amer·ican contacts for the project that they believe should be contacted for additional information. As part of the Section 106 process, an informational letter and map will be sent to all recipients on the NAHC list ASM will prepare the letter on City letterhead, for the City to review. ASM will finalize the informational letter based on any City input and will mail the letter to all applicable contacts. Deliverables ► Draft NAHC information letter -electronic submittal (MS Word) ► Final NAHC informational letter -certified mail delivery to all NAHC contacts Subtask 2c: Cultural Resources Pedestrian Survey Upon completion of the CHRIS and NAHC records search, ASM will conduct a pedestrian survey of the project areas Archaeologists will conduct the survey utilizing pedestrian transects spaced at maximum intervals of 15 meters, covering all portions of the project areas. Areas that are inaccessible due to dense vegetation, unstable geologic conditions, or other obstructions will be surveyed at a reconnaissance level, typically at 20-to 40-meter transects. In addition, ASM architectural historians will provide a historic evaluation of one building located on the Harding Street site, known to be of potential historic importance. ASM will photograph the building's exterior and interiors (if accessible) and take detailed field notes. ASM will confirm the building's date of construction and the general history of the property through building permits (if available), chain of title, and newspaper searches. If, during the site survey, additional buildings of potential historic importance are identified requiring further evaluation, additional budget would be r·equested at that time Subtask 2d: Cultural Resources Technical Report Upon completion of the literature review and archaeological and historic pedestrian sllt·vey, ASM will prepare a cultural resources confidential technical report for the project areas The technical report will document the results of the literature review, NAHC and title search, and field survey, as well as provide management recommendations for resources within or near the project areas. The report will meet the Secretary of the Interior's Standards and Guidelines and will follow California Office of Historic Preservation (OHP) guidelines. The report will include maps depicting the area surveyed for cultural resources. If the locations of sensitive archaeological sites or Native American cultural resources will be depicted or described in the r·eport, it will be considered confidential; the report may not be distributed to the public In order to protect these sensitive resources, the confidential technical repori shall be made available only to qualified cultural resources personnel, the landowner, and project management per·sonnel on a "need-to-know" basis. Ascent, on behalf of ASM, will provide the draft cultural resources technical report to the City in electronic form and will revise the draft report based on one set of consolidated and reconciled comments, after which Ascent will prepare and submit the final technical report to the City. For purposes of this scope and cost estimate, we assume that the draft report will be approved as final with only rninor editorial comments. Upon City approval of the cultural resources technical report, Ascent will prepare a draft letter of findings to be sent to the OHP. The letter will be prepared on City letterhead and submitted for City review. Ascent will prepare one final draft of the letter for the City to send to OHP, which requires agency-to-agency transmission. Deliverables ► Draft cultural resources technical report -electmnic submittal (MS Word and Adobe PDF) ► Final cultural resources technical report -electronic submittal (MS Word and Adobe PDF) ► Draft OHP letter -electronic submittal (MS Word) on City letterhead ► Final OHP letter -electronic submittal (MS Word and Adobe PDF) on City letterhead Task 3: Administrative Draft EA/FONSI Ascent will prepare an administrative d1·aft EA/FON SI for City review, pursuant to NEPA and HUD regulations 24 CFR Part 58 The EA will include a discussion of the proposed project and compliance with applicable laws and authorities required by 24 CFR 58.5 and 58 6 and will include an analysis of all Environmental Assessment Factors required by 24 CFR 5840; Ref 40 CFR 1508.8 and 1508.27. Overall, the draft EA will be prepa1·ed consistent with HUD's Environmental Assessment Factors Guidance and will use available tools such as the NEPAssist online mapping tool to identify resources regulated by NEPA The EA will evaluate all issue aI·eas required by Part 58 and will include explanations and analysis for each response, including completion of the Environmental Assessment Factor Worksheets All supporting documentation and evidence will be provided in the appendix to the EA The level of analysis and degree of impact will vary depending upon the environmental topic but will be sufficient to provide the substantial evidence to support the conclusions, consistent with NEPA requirements. The project sites are currently developed and located in an urban area. Thus, new development that would replace the existing structures would not substantially alter the existing conditions, and impacts to some issue areas (e.g., Endangered Species, Fa1·mlands Protection, Wetlands Protection) are anticipated to be minimal Areas that are anticipated to require a more detailed analysis, which may involve quantification and/or additional technical studies, are described below. ► Air Quality: Ascent will conduct a quantitative air quality analysis and conformity applicability assessment, consistent with the federal Clean Air Act (Title I, Section 176[c]). The air quality conformity review will be conducted using the latest version of the California Emissions Estimator Model (CalEEMod). Current attainment status designations will be included, and project-generated emissions (construction and operation) will be compared to applicable de minimis levels. Model defaults will be used, except where project-specific information is available. Modeling results will be documented as an appendix for reference in preparation of the EA document. ► Historic Preservation: The National Historic Preservation Act (NHPA) of 1966, Sections 106 and 110, 36 CFR Part 800 requires federal agencies to take into account the efforts of their undertakings on historic properties. Because the project is funded by CDBG funds, administered by HUD, these requirements must be met. Based on the all newly gathered information described in Task 2 and documented in the cultural resources technical report (Subtask 2d), including the records and Sacred Lands File searches, results of outreach and consultation with tribes, historical preservation groups, or other interested parties, and the survey, the EA section will describe all cultural resources that are known within or immediately adjacent to the project areas, the sensitivity of the project areas for discovery of archaeological and historic resources, and the potential effect of project implementation on documented historic properties, and will summarize communication with or concurrence by OHP. Further, the cultural resources analysis will summarize the cultural context of the undertaking and of all relevant statutes and regulations. This scope does not include an assessment of indirect effects, but upon City request, this analysis can be prepared for an additional fee. ► Noise Abatement and Control: HUD has specific noise requirements for new development per the Noise Control Act of 1972, amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B. The draft EA will include a discussion of HUD and City of Carlsbad noise standards and completion of the HUD Noise Abatement and Control Worksheet. The draft EA will include appropriate compliance and documentation of the noise analysis, consistent with HUD requirements. It is assumed that the noise studies prepared for the project by Ldn Consulting, Inc. (May 5 and May 6, 2016) will contain sufficient information to meet HUD requirements. Ascent will review the available noise studies and associated noise attenuation measures to determine adequacy for incorporation into the EA/FONSI. ► Transportation and Accessibility: In accordance with the SANTEC/ITE Guidelines for Traffic Impact Studies, the City typically requires discretionary development applications to conduct a traffic impact study for projects that would generate more than 500 average daily trips and 50 peak-hour trips. Based on documentation prepared for the City of Carlsbad, the project would not trigger these screening levels and a detailed traffic study would not be required. Ascent will evaluate available documentation previously prepared for the proposed development and will incorporate it into the EA/FONSI, as applicable. ► Project Alternatives Considered, including No Action: 24 CFR 58.40(e) and 40 CFR 1508.9 require that alternative courses of action, including the No Action Alternative, be considered in an EA. Ascent will coordinate with the City to understand what alternatives were considered and the planning process that took place, resulting in the proposed project, to inform this discussion. Ascent will provide the administrative draft EA/FONS I to the City of Carlsbad in electronic form and will revise it based on one set of consolidated and reconciled comments. Deliverables ► Administrative draft EA/FONSI -electronic submittal (MS Word and Adobe PDF) Task 4: Pubic Draft EA/FONS! and Noticing Ascent will incorporate, minor editorial, comments on the administrative draft EA/FONSI and prepare the public draft EA/FONSI, to be approved by the City prior to public release. In addition, we will prepare a combined Notice of Intent to Request Release of Funds (NOI/RROF) for the City to review and will prepare a public draft NOI/RROF, based on City input, to be included with the publication of the public draft EA/FONS I Ascent can assist and guide the City during the noticing process but assumes that the City will be responsible for all publications and dissemination of the FONSI/NOI/RROF. Upon the City's approval of the public draft EA/FONS!, Ascent will produce a signed electronic copy for the City and up to three hard copies for posting/noticing Deliverables ► Public draft EA/FONS! -electronic submittal (MS Word and Adobe PDF) ► Signed public draft EA/FONSI -electronic submittal (MS Word and Adobe PDF) and three hard copies ► Draft NOI/RROF -electronic submittal (MS Word and Adobe PDF) ► Public draft NOI/RROF -electronic submittal (MS Word and Adobe PDF) Task 5: Final EA/FONSI and RROF At the close of the public review period, Ascent will review all comments received on the public draft EA/FONS I and will prepare w1·itten responses Based on our knowledge of this project and experience with similar projects, we do not expect comments that would require substantial revisions to the public draft EA/FONS! For purpose of this scope and cost estimate, we assume no n,ore than two public comment letters. not requiring additional analysis. would be received. Ascent will submit the draft responses, comprising written responses and excerpted revisions to the draft EA/FONS!, to the City and will make revisions based on one round of City review. The responses to comment document could be included in the staff report or otherwise provided to the decision- makers to demonstrate that comments were considered After conclusion of the public comment period, Ascent will prepare the RROF for City review, including proof of public notice and response to comments. The City will be responsible for submitting to HUD for approval. Deliverables ► Draft RROF -electronic submittal (MS Word) ► Final RROF -electronic submittal (MS Word and Adobe PDF) COST AND SCHEDULE The proposed schedule for the EA/FONSI is presented below. Under this schedule, the NEPA process would be completed in under 4 months. This should be considered a preliminary schedule and would be adjusted in coordination with City staff The schedule also assumes all record searches are complete within 6 weeks. Work Product/MHestone Estimated Timeline Ascent receives Notice to Proceed Week 1 Be~Jin CHRIS, NAHC and title search Week 1 Schedule site visit Week I Asce11t to subrrnt data needs list Week 1 Administrative Draft EA/FONS! Ascent receives data from City Week 2 Asce11t submits administrative draft EA/FONS\ to City Week 5 Ascent 1·eceives comments on administrative dr·aft EA/FONS! Week 6 Public Draft EA/FONS! and SHPO Consultation Ascent submits and City posts public draft EA/FONSI + NOI/RROF Week 7 (30-clay comment period) City sends OHP co11Current letter Week 7 (30-day response period) Public comment period and OHP consultation ends Week 11 Final EA/FONS! + RROF + Certification Ascent submits responses to comme11ts to City Week 12 Ascer1t submits final EA/FONS!+ RROF to City Week 12 City submits RROF to HUD Week 13 (15-day RROF objection period) City receives authority to use grant funds Week 15 Cost Proposal The proposed price to complete the enclosed scope of work is estimated to be $29,880 and is summar-ized below Please note that the price is estimated based on a good faith effort and current understanding of the project needs. Variations in approach, issues, and deliverables can adjust the contract price. If selected, Ascent is very interested in listening to the City's needs and willing to revise the scope of work and price to meet the City's expectations. Task 1 ProJect Initiation and Ma11agement Task 2. Historical Preser-vation and Section 106 Compliance (ASM Affiliates) Task 3 Administrative Draft EA/FONSI (Ascent + ASMJk Task 4 Public D1aft EA/FONSI and Noticing Task 5 F111al EA/FONSI and RROF Direct Costs (printing) Contingency Cost + Contingency Principal- in-Charge $280/hr Project Manager/ Environmental Planner $150/hr 6 30 10 2 Environmental Analyst $125/hr 70 8 6 Admin/ Word Processing $115/hr TOTAL • The cost totoi ,for TasA 3 111c!udes 52,332 for AS.t1.1 to prepo(e the h1sroqcol µreservat!On ana!ys1s portiOn of the EA Assumptions TOTAL $1,305 $8,158 $15,977 $2,895 $1.445 $100 $29,880 $2,720 $32,000 Lump-Sum Price. The proposal is a lump-sum price to perform the proposed scope of work. Monthly invoices will be submitted based on percentage of progress toward completion occurring in each billing period. 2. Contingency. The cost estimate above includes a line item with a $2,120 contingency fund to minimize the need to execute futur-e contr-act amendments for any potential out of scope items The contingency funding would only be accessed with prior written authorization from the City of Carlsbad. 3. Price Allocation to Tasks. The proposed price has been allocated to tasks. Ascent may reallocate budget among tasks, as needed, as long as the total contract price is not exceeded. 4. Staff Assignment. Wmk has been assigned to the identified staff or labor category. Ascent may reassign tasks to diffe1·ent staff 01 labor-categories, as long as the total contract price is not exceeded 5. Billing Rates. The proposed billing rates apply to the current calendar year. For wmk performed after this year has concluded, budget augmentations and contract amendments will be calculated using updated billing 1·ates, unless precluded by contract terms.