HomeMy WebLinkAbout1998-03-10; City Council; Resolution 98-71t
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RESOLUTION NO. 98-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH RICK ENGINEERING COMPANY FOR PRELIMINARY DESIGN AND ENVIRONMENTAL SERVICES FOR
PHASE I AND II FOR MELROSE DRIVE, PROJECT NO. 3598.
WHEREAS, proposals have been soiicited to prepare preliminary design plan
environmental documents and environmental permitting from qualified engineering firms; and
WHEREAS, Rick Engineering Company was selected as the most qualified to prepare tt
preliminary plans, environmental documents and environmental processing for a fee of $47,24
and that sufficient funds are currently available in the project account; and
WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
WHEREAS, the consultant agreement with Rick Engineering Company has bee
prepared; and
WHEREAS, City Council review and approval of environmental documents for the proje
must occur before design of the project can occur.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsba,
California, as follows:
1. That the above recitations are true and correct.
2. That a consultant agreement with Rick Engineering Company for preparation 1
preliminary plans, environmental documents and environmental processing for Project No. 35C
as described in the attached agreement is hereby approved and the Mayor is hereby authorize
and
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directed to execute said agreement.
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3. Following Mayor's signature of the agreement, the City Clerk is further authorize
and directed to forward copies of said agreement to Rick Engineering Company and th
Engineering Department, Attention: Sherri Howard.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc
held on the 10th day of March , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
I 11 ATTEST:
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&a zc1 ipa,"#i5&/- ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL)
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AGREEMENT FOR
PRELIMINARY STUDIES FOR
MELROSE DRIVE WITH RICK ENGINEERING COMPANY
PROJECT NO. 3598
THIS AGREEMENT is made and entered into as of the 12th day of
MARCH , 19 - 98, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and RICK ENGINEERING COMPANY,
hereinafter referred to as "Contractor."
RECITALS
City requires the services of a civil engineering design Contractor to provide the
necessary design services for preparation of preliminary design services,
environmental reports, documents, and regulatory agency permitting; and Contractor
possesses the necessary skills and qualifications to provide the services required by
the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
The Contractor shall perform the requirements as detailed in the scope of work
attached hereto as Exhibit "A" and incorporated herein.
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2. CITY OBLIGATIONS
The City shall provide blueline copies of improvement plans, City titleblock in
AutoCAD, City's boilerplate specifications, copies of existing information City has on
Melrose Drive, and title reports.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (1 0) days after receipt of
notification to proceed by the City and be completed within one hundred eighty (180)
days of that date. Extensions of time may be granted if requested by the Contractor
and agreed to in writing by the City. The City will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of foresight
on the part of the Contractor, or delays caused by City inaction or other agencies' lack
of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $47,240. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, "Changes in Work." The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A."
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5. DURATION OF CONTRACT
This agreement shall extend for a period of one (I) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City's
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of each task, the Contractor shall
deliver to the City the following items:
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
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the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the 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,
the City shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee.
IO. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City. The City shall make
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a determination of fact based upon the documents delivered to City of the percentage
of work which the Contractor has performed which is usable and of worth to the City in
having the contract completed. Based upon that finding as reported to the City
Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the City. A copy of such documented dispute shall be forwarded to both parties
involved along with recommended methods of resolution which would be of benefit to
both parties. The City or principal receiving the letter shall reply to the letter along with
a recommended method of resolution within ten (IO) days. If the resolution thus
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obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be
forwarded to the City Council for their resolution through the Office of the City Manager.
The City Council may then opt to consider the directed solution to the problem. In such
cases, the action of the City Council shall be binding upon the parties involved,
although nothing in this procedure shall prohibit the parties seeking remedies available
to them at law.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, 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 the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
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improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. gdr (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
gz?E (Initial)
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hidher employees or subcontractors. The
City shall not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of the Contractor or hidher employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf of
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the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for hidher records.
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17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 willful misconduct, or negligent act, or omission of
the contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the 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 contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
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subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
21, PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22, VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
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24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City's conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A consultant. The
disclosure category shall be all categories.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract 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 work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, .unless a lower amount is approved by the City Attorney or City
Manager:
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I. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
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3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
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27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title Associate Engineer
Name Sherri Howard
Address City of Carlsbad / Engineering Department
2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
For Contractor: Title Project Manager
Name Kai Ramer
Address Rick Engineering Company
5620 Friars Road
San Diego, CA 921 10-2596
Architect/License Number:
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
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hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this day of ,I9 -
CONTRACTOR:
RICK ENGINEERING COMPANY
By: q4”dQ .z.ll’,, e
(sign here)
JEZALQ fl~d mw / SR, L~E
- (sign here) ATTEST:
/ h/oOsdM&@ &%%-/f /smw .! /q
(print namehitle) ‘I &
AL*i$ENKLNZ City Clerk J
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
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State of (A 4 FO.4lJp3 t
County of v -
On Z-24-W before me,,j&r?PJ h 3 ea/ &i3#Ac\ k!./dd c: l
personally appeared & PbJ El??+ NAM'QS) 6 OF .~303bMAJ SIGNER(S) A% 4; 9
wpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person@) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
DATE NAME, TlnE OF OFFlCk * EG.. "JANE DOE. NOdRY PUBLIC"
I capacity(ies), and that by his/her/their
I signature(s) on the instrument the person(s), I
or the entity upon behalf of which the
person(s) acted, executed the instrument. I y7y7, SIGNATURE OF N AR
WITNESS my hand and offi 'a1 seal.
OPTIONAL P/
Though the data below is not required by law, it may prove valuable to persons relyin-g on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDlANlCONSERVATOR 0 OTHER:
GENERAL
0 TRUSTEE(S)
DATE OF DOCUMENT I SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTWIES)
SIGNER(S) OTHER THAN NAMED ABOVE
Q1993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave., P.O. Box 7184 Canoga Park, CA 91309-71%
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EXHIBIT "A
SCOPE OF WORK
THE DESIGN
The project will be implemented with a three-phase design process. The first phase will be to prepare topographic and boundary mapping of the site. The second phase will be to prepare a
preliminary design street plan, consideration of alignment, grades, investigate environmental
and geotechnical characteristics, and to obtain environmental permits. The third phase will be
to prepare the final design, including construction documents (PS&E), and plats and legal descriptions for right-of-way acquisition. At this time, the City will fund Phase I and II.
PHASE I: Consultant shall:
Task 1.
A. Be provided topographic and boundary mapping from O'Day Consultants.
Task 11.
A. Perform design survey to supplement the existing topographic mapping.
PHASE 11: Consultant shall:
Task I and 11.
A. Meet with City staff to determine the desired alignment and alternatives, then prepare a preliminary design street plan.
B. Prepare an Initial Study pursuant to the California Environmental Quality Act (CEQA) to determine the scope of the environmental documentation that will be required for the
proposed project to satisfy the requirements of CEQA. At a minimum, the following issues are anticipated to require additional study through the Initial Study.
0 Biology
0 Archaeology a Paleontology
0 Geology
0 Hazardous Material
HydrologyNVater Quality
0 Land Use
0 TraffidCirculation
0 Air Quality
Visual AesthetidGrading
The following is a detailed description of environmental study assuming preparation of Mitigated Negative Declaration for this project. A biological technical report and a cultural resources technical report will be prepared. These two technical reports would
update technical reports prepared by RECON for the Rancho Carrillo Environmental Impact Report (1993). Before an Environmental Declaration, certain other technical
reports will be prepared. These would include a geotechnical report, a hazardous materials Phase I assessment, a traffic report, and possibly a hydrology and water
quality report.
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If the existing culvert under Melrose Avenue must be replaced or altered, a streambed
alteration agreement will have to be secured from the California Department of Fish and
Game (CDFG) and a Section 404 permit will be required from the U.S. Arm Corps of
Engineers (USACE). RECON'S work to secure these permits,tf-reetttweel; i8Y 3 cluded in
the scope of works%
RECON considers it unlikely that any other environmental permits would be required.
However, if coastal California'gnatcatchers or any other listed species are discovered
during biological surveys, take permits from state or federal resource agencies would be
required. Based on a preliminary review of previous work in the area and RECON'S
knowledge of the site, this possibility seems remote, and securing any other permits is
not included in the scope of work, which follows.
* 11 - . * '. (72
Task 111. Bioloaical Technical RePort
A. Review prior biological reports for the project area, including the surveys conducted for off-site improvements in association with the Carrillo Ranch Master Plan EIR.
B. Conduct a biological survey of conditions 500 feet on either side of the centerline for a
distance of approximately 1,800 feet of the proposed road connection.
C. Conduct a directed search for the coastal California gnatcatcher within the survey area.
The directed search methodology will follow the USFWS Coastal California Gnatcatcher
Presence/Absence Survey Guidelines dated July 28, 1997, which require searching all
appropriate habitat three times with searches separated by intervals of at least a week.
The USFWS accepts surveys performed any time during the year, but prefers that the
surveys be conducted between February 15 and August 30. The term of the Federal
endangered species permit required to perform the surveys specify that the USFWS be
notified prior to beginning the survey and be provided with the results of the survey upon
its completion.
D. Prepare a letter report of findings, updating the information and vegetation and species
mapping from the Carrillo Ranch biological report.
Task IV. Cultural Resources Technical ReDort
A. Conduct a cultural resources record search of archives at the South Coastal Information
Center at San Diego State University and the San Diego Museum of Man for the area
within one mile of the project area.
B. Perform a cultural resources field survey for and area 500 feet on either side of the
proposed Melrose Avenue connection centerline.
C. Prepare a cultural resources technical report based on findings from the records search
and field survey of the project site, identifying all cultural sites that could potentially be
impacted by the project, assessing their likely importance, and recommending further
studies or mitigation as required.
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Task V. Hazardous Materials Technical ReDort
A Phase I Environmental Site Assessment (ESA) will be completed to estimate the potential for
existing impacts to the site (i.e., levels of hazardous materials/wastes likely to warrant mitigation
action pursuant to current regulatory guidelines) from the presence of hazardous
materials/wastes on or within the vicinity of the site. The guidelines used for the definition of
hazardous materials/wastes are referenced in the California Code of Regulation (CCR), Title
22, Division 4.5. The proposed scope of services for the Phase I ESA is as follows:
A. Perform a reconnaissance of the site to identify indicators of the potential existing
presence of hazardous materials and hazardous wastes on the site. These indicators
include the presence of 55-gallon drums, chemical containers, water disposal areas,
industrial facilities, discolored surficial soils, electrical transformers that may contain
polychlorinated biphenyls (PCB's), and areas conspicuously absent of vegetation. It
would be the responsibility of Client to unlock, or otherwise allow authorized access to
all areas to facilitate the reconnaissance. Provisions for survey of wetlands, asbestos,
lead-based paint, lead in drinking water, radon, and methane gas are not provided in
this scope of services.
B. Perform a survey of the adjacent properties from the site and from public thoroughfares
to evaluate if these properties possess facilities or structures operated by entities that
potentially use, store, generate, or dispose of hazardous materials or hazardous wastes.
C. Review appropriate published sources and selected referenced to obtain information
regarding the potential presence of hazardous materials/wastes on the site or on
properties within approximately 1/4 mile.
D. Contact the appropriate public agencies to obtain information regarding the potential
existing presence of hazardous materialdwastes at levels likely to warrant current
regulatory mitigation action. Unless otherwise noted, the information would be obtained
for the subject site and adjacent properties.
E. Review available unauthorized release (UAR) files at the DEH andlor the RWQCB for
the site and/or properties in the vicinity of the site, which might potentially impact the
site, noted in the DEH's "Environmental Assessment Listing" and/or the RWQCB's
"Report for Underground Storage Tank Leaks." The UAR files would be reviewed to
obtain information regarding the nature and extent of the UAR and to estimate the
existing potential for the UAR to impact the subject site (maximum three files).
F. Prepare a report summarizing the findings of the ESA. The report would qualitatively
describe the potential for environmental impairment of the site from hazardous
materials/wastes at levels likely to warrant current regulatory mitigation action and
indicate if additional environmental engineering services are considered necessary at
the time the report is prepared.
G. All title information and existing geotechnical, geologic and environmental reports will be
provided by the City.
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Task VI. Geotechnical Report
A. Review published geologic maps, aerial photographs, and other literature pertaining to
the site to aid in evaluating geologic hazards that may be present. It is recommended
that the City of Carlsbad obtain a copy of the geotechnical investigation and the
as-graded geotechnical report for that portion of Melrose Avenue recently constructed
within the City of Vista.
B. Excavate three large-diameter borings to depths ranging from approximately 30 to 40
feet to examine and sample the prevailing soil conditions encountered.
C. Advance at least four backhoe trenches to aid in geologic mapping and determining the
general extent of surficial deposits which are likely to require remedial grading.
D. Perform laboratory tests on selected soil samples to evaluate in site density, shear strength, consolidation, compaction, and expansion characteristics of the prevailing soil
conditions encountered. R-value tests of anticipated pavement subgrade materials
would also be performed to determine preliminary pavement section requirements.
E. Prepare a written report presenting findings and conclusions and recommendations
regarding the geotechnical aspects of developing the property as presently proposed.
Task VI I.
The scope of the Environmental Studies is anticipated to include, at a minimum, the following:
A. To obtain all referenced material and conduct all research and field data collection
necessary to prepare environmental studies.
B. To prepare and present written bi-weekly progress summaries.
C. To identify, discuss and develop appropriate mitigation monitoring programs for any
impacts which may be associated with the short-term and long-term development of the
project.
D. Prepare an Environmental Initial Study, based on the checklist from the appendices to
the CEQA Guidelines, utilizing the project information supplied by Rick Engineering and
information from the review of technical studies as needed.
E. Prepare a Negative Declaration or Mitigated Negative Declaration supported by the
Initial Study.
F. Submit five copies of the draft Negative Declaration and Initial Study to the City of
Carlsbad for review and prepare one set of revisions.
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19
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G. At the end of the public review period, prepare responses to written comments received
on the Negative Declaration, submit the responses to the City for review, and prepare
one set of revised responses to attach to the Negative Declaration.
H. Attend up to six meetings with Rick Engineering and/or City staff and one public hearing
on request.
Task Vlll. Environmental Permittinq
If required, agreement on mitigation with the resource agencies would be needed before the
Initial Study and Negative Declaration for the project could be completed. Agreement with the
CDFG and a permit from USACE may be required for installing or modifying the box culvert, if
deemed necessary as part of the project scope.
A. Schedule the project for one of the regularly-scheduled pre-application meetings with
the CDFG and USACE and attend the meeting with the client.
B. Prepare an application package as required by Section 1601 of the Fish and Game
Code for alteration of the streambed for installing the box culvert. Prepare a mitigation
plan which, when implemented, will compensate for impacts to the streambed by
construction of the box culvert. The package will include the completed application form
and copies of appropriate environmental documents, the biology technical report and
the mitigation plan.
C. Prepare a letter to the USACE requesting confirmation that the project can proceed
under the Nationwide Number 26 permit. The letter will include the environmental
documents as attachments.
D. Submit the 1601 application package to the client for signature; check inclusion and
forwarding to the CDFG. Following the client's review by the client, submit the letter to the USACE.
E. Prepare a draft letter to the Regional Water Quality Control Board pursuant to Section
401 of the Clean Water Act. Submit the draft letter to the client to be put on their
letterhead, signed, and a check included. RECON will assemble and provide the
environmental documents which will be included as attachments to the letter.
F. Expend up to eight hours attending additional meetings and following up on the
agreement and permits with the agencies.
Revise the preliminary design street plan to attempt to balance the earthwork onsite, to adjust
to the geotechnical report recommendations, and to minimize disturbance to environmentally
sensitive areas.
rev. 10/22/97
20
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