HomeMy WebLinkAbout1998-04-21; City Council; Resolution 98-1190 0
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RESOLUTION NO. 98-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH RECON FOR ENVIRONMENTAL STUDIES AND
PERMIT PROCESSING FOR EL CAMINO REAL WIDENING FROM
STATION 453+00 TO STATION 441+00. PROJECT NO. 3184.
WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds fc
Cannon Road West through the Capital Improvement Program; and
WHEREAS, Statements of Qualifications have been solicited to prepare environment:
8 documents and environmental permitting from qualified consulting environmental firms; and
9 WHEREAS, Regional Environmental Consultants (RECON) was selected as the mo:
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account; and 12
processing for a fee of $35,264 and that sufficient funds are currently available in the projec 11
qualified to prepare the environmental studies and documents and perform the environment:
13 WHEREAS, the Planning Director has determined the project is exempt as informatiol
collection per Section 15306 of CEQA guidelines; and 14
WHEREAS, the Planning Director will issue a Notice of Exemption upon approval of th'
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construction contract; and
l6 11 WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
17 WHEREAS, the consultant agreement with RECON has been prepared and submitte'
l8 hereto.
19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbac
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2. That a consultant agreement with RECON for preparation of environmenk 22
1. That the above recitations are true and correct. 21
California, as follows:
documents and environmental processing for El Camino Real Widening, Project No. 3184 a 23
described in the attached agreement is hereby approved and the Mayor and City Clerk ar
hereby authorized and directed to execute said agreement.
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1 II 3. Following Mayor's signature of the agreement, the City Clerk is further authorize(
2 and directed to forward copies of said agreement to RECON and the Public Works Director.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc 4
held on the 21 day of April , 1998 by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Hall, Nygaard & Finnila
NOES: None 6
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II ABSENT: None
I I ATTEST:
&*&& KAREN R. KUNDTZ, Ass s ant City Clerk (SEAL)
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AGREEMENT WITH RECON FOR
ENVIRONMENTAL STUDIES AND PERMIT PROCESSING FOR
EL CAMINO REAL WIDENING FROM
STATION 453+00 TO STATION 441+00
PROJECT NO. 3184
THIS AGREEMENT is made and entered into as of the 2 / day of
AQn c , 19Bl by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and REGIONAL ENVIRONMENTAL
CONSULTANTS (RECON), hereinafter referred to as "Contractor."
RECITALS
City requires the services of a Contractor to provide the necessary environmental
consulting services for preparation of environmental studies and permit processing; and
Contractor possesses the necessary skills and qualifications to provide the services
required by the City;
NOW, THEREFOREl in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
I. CONTRACTORS OBLIGATIONS
The Contractor shall perform the requirements as detailed in the scope of work
- attached hereto as Exhibit "A" and incorporated herein.
2. CITY OBLIGATIONS
The City shall provide blueline copies of improvement plans and copies of
existing information the City has on file relative to this project.
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3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt of
notification to proceed by the City and be completed within one hundred twenty (120)
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 $35,264. 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."
5. DURATION OF CONTRACT
This agreement shall extend for a period of four (4) months from date thereof.
The contract may be extended by the City Manager for one (I) 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.
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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 e.7 deliver to the City the following items: as described in Exhibit "A" Table 1
8. CHANGES IN WORK
attached hereto and incorporated herein.
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
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,
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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.
10. 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
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
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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
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.
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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
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 proce (Initial) rn
The provisions of Carisbad Municipal Code sections 3.32.025, 3.32.026,
027 n 3.32.028 pertaining to false claims are incorporated herein by reference. &,& 7 nitial) ..
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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
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.
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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.
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.
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lf8. 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
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.
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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.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
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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. Coveraqes 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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1. 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 - Public Works Dept.
Engineering Division
2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
For Contractor: Title Project Manager
Name Tom Held
Address RECON
4241 Jutland Drive, Suite 201
San Diego, CA 921 17-3653
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 13th day Of April , 1998 .
CONTRACTOR:
REGIONAL ENVIRONMENTAL CONSULTA-
By: c ”. -@itjii here) I. (rMa)++’(/ v
Charles Bull, President
ATTEST:
(sign here)
Diane Pearson, Vice Pres/Secretary (print namehitle)
KAREN R. KUNDTZ, Assistant City Clerk
(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 ALLBURPOSE ACKNOWLEDGMENT
State of California 1 - OPTIONAL SECTION - I CAPACITY CLAIMED BY SIGNE
County of Sari Diego
on 4/13/98 beforeme,Annette R. Hirt, Notary Public
J Though statute does not require the Notary 1
fill in the data below, doing so may prov
invaluable to persons relying on the documenl
INDIVIDUAL
DCORPORATE OFFICER(S)
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC" '
personally appeared Charles Bull and Diane Pearson NAME(S) OF SIGNER(S) , Pres/Vice Pres.
TITLE(S)
1 a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence PARTNER(S) 0 LlMlTED 1 I to be the person@) whose narne(s) Ware GENERAL
subscribed to the within instrument and ac- 0 A~oRNEY-IN-FACT
the same in kk&er/their authorized
capacity(ies), and that by t%&er/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
I knowledged to me that kgjsske/they executed [7 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR 0 OTHER:
COMM. # 1085785 r NOTARY PUBLIC * CALIFORNIA g SIGNER IS REPRESENTING: d and official seal.
I t
I 1 1
I Z& NAME OF PERSON(S) OR ENTITY(IES)
RECON
SIGNATURE OF NOTARY
I OPTIONAL SECTION I THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Citv of Carl shad Aqreement
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 26 DATE OF DOCUMENT l Though the data requested here is not required by law. it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER TiAN MMED ABOVE
~~ ~~ ~~ ~ .~ ~""""""""""""""""""""~
01 993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91 3
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EXHIBIT "A"
SCOPE OF WORK
PREPARE CEQA INITIAL STUDY/ENVIRONMENTAL CHECKLIST
RECON will prepare the Initial Study/Environmental Checklist with references or
explanations for all answers to questions for each environmental issue on the checklist
in compliance with current case law. The Environmental Checklist Form that will be
used is found in Appendix I of the CEQA Guidelines, as amended January 1, 1995.
Upon completion of the discussion of each issue, the appropriate Initial Study checklist
box (i.e., no impact, less than significant impact, potentially significant unless mitigation
incorporated, and potentially significant) will be marked. The following issues will be
included as described below.
Project Description: Based on project materials and plans provided by the City,
prepare a detailed project description for the Initial Study that can also be used in the
Negative Declaration. The project description will include graphics (e.g., site plan,
grading plan) to accurately depict the project for the public.
Biology: The RECON biologists are familiar with the project area, having worked on a
number of projects in this general location. RECON will assess the potential for both
direct and indirect biological impacts from the proposed project. The tasks allowing this
assessment to be completed include the following:
a. Conduct a search of the records of the California Natural Diversity Data Base
(California Department of Fish and Game) to determine what sensitive species
have been reported from the vicinity of the project.
b. Conduct a biological resources survey of a corridor (approximately 25 feet wide
and 1,200 feet in length on each side of the existing paved road) encompassing
the proposed widening, the adjacent habitat along the length of the widening,
and a survey of the adjacent property that will receive storm water runoff from
the road. RECON biologists will conduct a botanical survey of the property to
search for sensitive plant species and a zoological survey to search for sensitive
animal species.
c. Prepare a vegetation map of the subject property showing natural plant
communities and the observed locations of rare and endangered species if any
are located during the survey.
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d. Record any inventoried biological resources located during the survey and
comply with the reporting requirements of the Natural Diversity Data Base.
e. Prepare a biological technical report which describes biological resources
occurring on the property, assesses the impact of the proposed alignment and
the alternative alignment on the biological resources, and discusses mitigation
measures, if necessary.
f. Submit the report to the City.
g. Schedule the project for one of the regularly scheduled pre-application meetings
with the CDFG and USACE and attend the meeting with the City.
h. Prepare an application package as required by Section 1601 of the Fish and
Game Code for alteration of the streambed on the project site. The package will
include the completed application form and copies of appropriate environmental
documents such as the Initial Study and the biology technical report. Submit the
1601 application package to the City for signature, check inclusion, and
forwarding to the CDFG.
1. Since the project includes widening the bridge of Agua Hedionda Channel and
whether or not impacts to wetlands will occur, prepare a letter to the USACE
including the environmental documents as attachments. If the biologist
determines that impacts will occur to wetlands, request confirmation that the
project can proceed under the Nationwide No. 26 permit. If wetlands will not be
impacted, the letter and attachments will provide documentation. Following the
City’s review, submit the letter to the USACE.
j. 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 City 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.
k. Expend up to 20 hours coordinating with the USACE and CDFG concerning
biological issues and mitigation.
Additional studies may be required by the jurisdiction or resources agencies, such as a
wetland delineation, directed searches for particular sensitive species, or a habitat
restoration plan if any native or wetland habitat is impacted. These and any other
special studies would be conducted with additional authorization from the client.
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Archaeology: The archaeological resources study will be conducted by a SOPA-
certified archaeologist who meets the City of Carisbad's qualifications for professional
archaeologists. RECON will assess the potential for both direct and indirect
archaeological impact from the proposed project. The following tasks will be
completed:
a. Conduct a cultural resources record search of the archives at the South Coastal
Information Center at San Diego State University and the San Diego Museum of
Man for areas within one-half mile of the project site.
b. Perform a cultural resources field survey of the project corridors.
c. Prepare a cultural resources technical report based on findings from the record
search and field survey of the site, identifying all cultural resources sites that
could potentially be impacted by the project, assessing their likely importance,
and recommending further studies or mitigation, as required.
Paleontology: RMW Paleo Associates will perform the following tasks:
a. Complete a literature review at the San Diego Natural History Museum including
a search of known sites within the study area and a one-mile radius of the study
area.
b. Perform a surface examination to determine if there are any exposed
paleontological resources within the study area.
c. Prepare and submit a report detailing the findings of previous work done on and
near the road widening, the results of the field examination, recommendations for
developing a mitigation monitoring program, if necessary, and a map showing
locations of any sites within the project area.
GeologylSoils: Ninyo & Moore will conduct a review of existing soils reports prepared
for the project area. The approach involves a review of background information, field
reconnaissance, geologic mapping, an evaluation of geotechnical conditions and
possible constraints, and report preparation. Specifically, Ninyo & Moore's scope of
services for geology/soils will include the following:
a. Review of available background data such as existing geotechnical reports,
geologic maps and reports, topographic maps, and information that might be
available from the City of Carlsbad.
b. Field reconnaissance and geologic mapping.
c. Compilation and analysis of data obtained.
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d. Preparation of a geotechnical reconnaissance study report presenting a
summary of findings, conclusions, and geotechnical recommendations. The
report will discuss the geologic setting, anticipated earth units, unstable slopes,
bridge foundation soil conditions, shallow groundwater, erosive soils, faulting,
seismicity, and other geotechnical issues. The report will also provide
conceptual recommendations for mitigation of geotechnical concerns.
Hazardous Material: Ninyo & Moore's proposed scope of work for the hazardous
materials technical study will include the following:
a. Review readily available maps, reports, photographs, plans, and other
documents pertinent to hazardous materials issues for the site. The applicant,
City of Carlsbad, and others will provide copies of, or access to pertinent maps,
reports, photographs, plans, and other documents in their possession.
b. Performance of a site reconnaissance, subject to site access, to visually identify
areas of possibly contaminated surficial soil or water, improperly stored
hazardous materials, possible sources of pesticides and polychlorinated
biphenyls, and possible risks of contamination from activities at the sites and
adjacent properties.
c. Review available regulatory agency databases for the site and for properties
located within a specified radius of the project site. Databases will be used to
identify locations of known hazardous waste sites, landfills, burn ash sites,
leaking underground storage tanks, permitted facilities that utilize underground
storage tanks and facilities that use, store, treat, or dispose of hazardous
materials.
d. Review of readily available historical aerial photographs.
e. Prepare a hazardous materials technical study report that will include a summary
of findings, methodology, existing conditions, impact analysis, mitigation
measures, illustrations (as appropriate), references, agencies and individuals
contacted, and a list of preparers.
HydrologyNVater Quality: Ninyo & Moore will complete the following tasks:
a. Review of readily available maps, reports, photographs, plans, and other
documents pertinent to water quality issues for the site.
b. Perform a site reconnaissance to visually identify areas of existing or potential
water quality issues.
rev. 10/22/97
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c. Review readily available local regulatory agency information regarding surface
water and groundwater for the site. Requests for information will be made to the
Department of Water Resources, County Department of Environmental Health,
Regional Water Quality Control Board, State Water Quality Information System,
U.S. Geological Survey, and other agencies, as appropriate.
d, Prepare a water quality technical study report that will include a summary of
findings, methodology, existing conditions, impact analysis, mitigation measures,
illustrations (as appropriate), references, agencies and individuals contacted,
and a list of preparers.
Visual AestheticslGrading: Based on a field visit, the proposed project grading plan,
and other secondary sources, a landform alterationhisual quality discussion which
addresses the Initial Study checklist questions will be provided. Mitigation measures
identified in the Initial Study process will be incorporated into the Negative Declaration.
Noise: RECON will conduct a noise study to address possible increases in noise levels
from additional traffic, the new lanes, a.nd the turn lane. Noise levels will be evaluated
for conformance with City noise standards.
a. Measure existing nose levels at 2 locations adjacent to the roadway.
Measurement locations will be selected to provide an understanding of the
variability of noise levels near the project site.
b. Estimate future vehicular traffic noise levels using the Stamina 2.0 version of the
Federal Highway Administration Noise Prediction Model. The study will analyze
noise caused by future traffic on El Camino Real. The results of the model will
be expressed in community noise equivalent levels.
c. Determine appropriate mitigation measures for potentially significant impacts to
sensitive uses in the vicinity of the roadway improvements. The analysis will
calculate the necessary barrier height, or other mitigation options, to reduce
noise levels to the standard set by the City of Carlsbad.
d. Prepare a noise technical report that describes the study methods and results
outlined above and specifies any noise mitigation measures that may be needed.
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MITIGATED NEGATIVE DECLARATION
A Mitigated Negative Declaration supported by technical documents described above
will be completed in accordance to CEQA and the CEQA Guidelines Section 15071 and
the Carlsbad Environmental Protection Ordinance. The Mitigated Negative Declaration
will include a brief description of the project, the project location and map, and a
proposed finding that the project will not have a significant effect on the environment. A
copy of the Initial Study documenting reasons to support the finding, and project
mitigation measures to avoid potentially significant effects will be attached.
STATUS SUMMARIES
RECON will submit written biweekly progress summaries to the City which will describe
the status of the project related to schedule and budget, and identify any foreseeable
contingencies that may affect the project.
REVISIONS
a. Submit five screen-check draft copies of the Initial Study and Mitigated Negative
Declaration to the City for review. Make one set of revisions based on written
comments.
b. Submit five copies of the revised documents to City staff. Make a second set of
revisions based on City's written comments, if necessary.
c. Submit ten copies and one reproducible master of the public review document
and all appendixes to the City.
d. Assist City staff with the distribution list.
RESPONSE TO COMMENTS
RECON will prepare response to comments received during the public's review period
and will submit five draft copies and ten revised copies to the City.
MEETINGS TO COMMENTS
RECON'S project manager will attend up to four meetings with City staff in addition to a
kickoff meeting, and up to two (2) public hearings.
rev. 10/22/97
21
e
Kick-off Meeting
Subtotal Kick-off Meeting
Biology
Senior
Senior
Assistant
Graphics
Production Specialist
Expenses
Subtotal Biology
Archaeology
Senior
Assistant
Research Assistant
Graphics illustrator
Museum Fee
Expenses
Production Specialist
Subtotal Archaeology
. Paleontology
RMW Paleo
Subtotal Paleontology
Geology and Soils
Subtotal Geology and Soils
Noise
Ninyo and Moore
Principal
Assistant
Graphics
Production Specialist
Expenses
Subtotal Noise
Hazardous Material
Ninyo and Moore
Subtotal Hazardous Material
- FEE
22
0
$552.00
$552.00
$3,680.00
$560.00
$200.00
$200.00
$50.00
$4,690.00
$368.00
$70.00
$1,350.00
$200.00
$250.00
$50.00
$250.00
$2,538.00
$368.00
$368.00
$3,100.00
$3,100.00
$600.00
$3,360.00
$200.00
$200.00
$50.00
$4,410.00
$2,300.00
$2,300.00
rev. I0122197
0 0
Water Quality
Ninyo and Moore
Subtotal Water Quality
Prepare Initial Study
Senior
Graphics
Printing and Copying
Production Specialist
Subtotal Prepare Initial Study
Prepare Negative Declaration
Principal
Senior
Printing and Copying
Production Specialist
Subtotal Prepare Negative Declaration
Permits
Senior
Assistant
Production Specialist
Expenses
Subtotal Permits
Meetings and Hearings (6)
Senior
TOTAL PROJECT COSTS
$2,650.00
$2,650.00
$2,944.00
$300.00
$300.00
$700.00
$4,244.00
$1 20.00
$2,576.00
$100.00
$600.00
$3,396.00
$2,208.00
$1,400.00
$1,050.00
$1 50.00
$4,808.00
$2,208.00
$35,264.00
rev. 10/22/97
23
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