HomeMy WebLinkAbout2005-09-27; City Council; Resolution 2005-2911
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RESOLUTION NO. 2005-291
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH EDAW INC FOR PRELIMINARY
ENGINEERING, ENVIRONMENTAL IMPACT REPORT
PREPARATION, ENVIRONMENTAL PERMITTING AND FINAL
ENGINEERING PLANS FOR AGUA HEDIONDA AND
CALAVERA CREEK CHANNEL DREDGING AND
IMPROVEMENT PROJECT NO. 3338
WHEREAS, the City Council of the City of Carlsbad previously appropriated funds to
complete environmental studies and project design for the Agua Hedionda Channel
Improvements including the stabilization of the Calavera Creek channel, removal of a weir wall
and modification of Basin BJB outlets, hereinafter known as the Agua Hedionda and Calavera
Creek Channel Dredging and Improvement Project No. 3338; and,
WHEREAS, proposals have been solicited for preliminary engineering, environmental
impact report preparation, environmental permitting and final engineering plans for the Agua
Hedionda and Calavera Creek Channel Dredging and Improvement Project No. 3338; and,
WHEREAS, four proposals were submitted and ranked by a selection committee
composed of City staff; and,
WHEREAS, the firm of EDAW Inc. was ranked by the selection committee as being the
most qualified to complete the preliminary engineering, environmental impact report preparation,
environmental permitting and final engineering plans for the Agua Hedionda and Calavera Creek
Channel Dredging and Improvement Project No. 3338; and,
WHEREAS, EDAW Inc. has agreed to complete the preliminary engineering,
environmental impact report preparation, environmental Permitting and final engineering plans for
a fixed fee of $503,658; and,
WHEREAS, City staff is requesting that the professional services agreement with EDAW
Inc. include an additional $50,000 for potential contingency work given the complexity and
uncertainty of the environmental mitigation needs and processing of Federal and State agency
permits.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
I.
2.
That the above recitations are true and correct.
That a professional services agreement with EDAW Inc. for preliminary
Engineering, environmental impact report preparation, environmental permitting and final
Engineering plans for the Agua Hedionda and Calavera Creek Channel Dredging and
Improvement Project No. 3338 as described in the attached agreement is hereby approved.
That the Mayor is hereby authorized and directed to execute said agreement. 3.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 27th day of September , 2005 by the following vote, to wit:
AYES:Council Members Lewis, H 11, Kulchin, Packard, Sigafoose A
ATTEST:
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AGREEMENT FOR ENVIRONMENTAL AND ENGINEERING
CONSULTING SERVICES
(EDAW, Inc.)
THIS AGREEMENT is made and entered into as of the 27th day of
2005, by and between the CITY OF CARLSBAD, a municipal September
corporation, ('City"), and EDAW, Inc., a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of an Environmental, Planning and
Engineering Contractor that is experienced in preliminary engineering, environmental
impact report preparation, environmental permitting and final engineering for channel
projects.
B. Contractor has the necessary experience in providing professional
services and advice related to environmental analysis and permitting, negotiating of
environmental mitigation, analysis of flooding, and preparation of plans, specifications
and estimates for drainage channel projects.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFOREl 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 c&tomarily 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 two (2) years from the date
first above written. The City Manager may amend the Agreement to extend it for one (1)
additional one (1) year period. 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.
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4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be five hundred fifty-three thousand six hundred fifty-eight dollars ($553,658). No
other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. The City reserves the right to withhold a
ten percent (loo/,) 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.
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.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9.
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 in whole or in part 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.
IN DE M N I F I CAT I ON
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.
IO. 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-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney 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.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance 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 General
Liability.
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 Providinq 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.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements .
I1 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.
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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 notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv: For Contractor:
Name: David A. Hauser, P.E. Name: Jacqueline Dompe
Title: Deputy City Engineer Title: Principal
Department: Public Works Address: 1420 Kettner BI. Ste 620
City of Carlsbad
Address: 1635 Faraday Avenue Phone No. : (619) 233-1454
San Diego, CA 92101
Carlsbad, CA 92008 Fax No.: (61 9) 233-0952
Phone No.: (760) 720-2739 Email: dompei@edaw. corn
Fax No.: (760) 602-8562
Email: d haus@ci.carlsbad .ca. us
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.
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16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor‘s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
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
that the services 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 (IO) 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.
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20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable 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
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acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of .. enforcing a right or rights provided f& 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 co u n t y .
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 or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of 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.
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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.
Michael A. Downs, Ph.D
(print name/title)vice President ATTEST:
downsm@edaw.com
(e-mail address)
**By:
(sign here) City Clerk
(print namekitle)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by c
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
Othennrise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to
bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
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ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof SA-^, DIGGO
personally appeared @7tc/-//4-= 4. bL'dG5
On 9-/3-~5 before me, I?-3. MOOez 7
(DATE.) (NOTARY)
SIGNER(S)
D/personally known to me - OR - [7 proved to me on the basis of satisfactory
evidence to be the personlsr) whose nameM
is/= subscribed to the within instrument and
acknowledged to me that he/&&they executed
the same in his/lwi+&ek authorized
capacity@e+, and that by his/he&h+r
signatures@$ on the instrument the persow,
or the entity upon behalf of which the
personw acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PERSON(S) OR ENTITY(1ES)
APA 5/99 VALLEY-SIERRA, 800-362-3369
EDAW, Inc.
A California Corporation
At a regularly scheduled meeting of the DAW, Inc. Board of Directors held May 2,
2005 the following officers of the corporation were elected. These officers are duly
authorized to commit the corporation in the execution of contracts and agreements and
shall have such other powers and duties as the Board of Directors may prescribe.
EDAW, Inc. Miters
Barbara L. Faga
Joseph E. Brown
David H. Blau
Dana Waymire
Robert Pel1
Howard B. Mtman
Jason Prior
Donald Smith
William Vitek
Vice Presidents
Chair of the Board
Co-Chair, PresidenVCEO
Senior Vice PresidenVSecretary
Chief Financial Officer
Senior Vice PresidenVAssistant Secretary
Senior Vice President
Senior Vice President
Senior Vice President
Senior Vice President
Curtis E. Alling
Leonard0 Alvarez
Russell L. Butler
Dennis Cdchael
James H. Cleland
Sydney Coatsworth
Roger G. Courtenay
William D’Elia
Tim Delorm
Paul Moyer
Allen Folks
Mark Fuller H. Cales Givens
Patrick Gulliver
Bill Hanway
Graeme Harvison
Alan Harwood
Ellen Heath
Jay Hicks
Todd Hill
Gregory Hurst
James Hyatt
Gary Jakobs Andrew Jones
Thomas M. Keith
Steve Kellenberg
William Kuhl
Thomas M. Larkin
Charles Ledward
Jacinta McCann
Herbert R. Schaal
Steven Scott
Brodie Stephens
Jill Sterrett
Ray Strychalski
Jason Uyeda
James Welch
Bradley Wellington
The foregoing resolution was approved by EDAW, Inc. Board of Directors on May 2,
2005,
EXHIBIT “A”
SCOPE OF SERVICES
EDAW, INC.
AGUA HEDIONDA AND CALAVERA CREEK
CHANNEL DREDGING AND IMPROVEMENT PROJECT
SCOPE OF SERVICES
September 6,2005
TASK 1: TOPOGRAPHIC MAPPING
The team will conduct the following topographical mapping tasks for the
purposes of project design and analysis and for City of Carlsbad (City)
presentations.
Task 1 .I Prepare Aerial Base Maps ($30,475)
Aerial topographic mapping with 1 -foot contours (0.5-foot accuracy) and spot
elevations (0.1 -foot accuracy) will be prepared for Agua Hedionda and Calavera
creeks. The data will provide sufficient detail to develop a bank stabilization plan
for Calavera Creek.
Horizontal control will be NAD 83 per the City of Carlsbad Control Network
shown on Record of Survey (ROS) No. 17271. The vertical datum will be NGVD
29 also shown on ROS No. 17271 (utilizing GPS RTK Methods-Double
Occupation). The horizontal and vertical controls have been confirmed as being
in conformance with Federal Emergency Management Agency (FEMA) submittal
requirements for their review purposes.
Topographic mapping will include property lines and relevant easements, based
on available record maps and preliminary title reports provided by the City.
Task 1.2 Prepare Rectified Color Photos and Color Digital Ortho Plot ($2,783)
Digital color ortho photos and rectified color photos (52x25) will be provided for
vegetation base mapping and presentations.
Task I .3 Supplemental Field Survey Work ($8,184)
Field surveys will identify surface utilities that are identified by aerial mapping.
Subsurface utilities will be plotted based on record information. Spot elevations
will be obtained for ridgelines, center and edge of banks, top of slope, toe of
slope and adjacent to channels for Calavera Creek and Agua Hedionda Creek.
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This effort is required to capture areas that cannot be aerial mapped due to the
extensive canopy that exists around the confluence of the channels.
TASK 1 : DELIVERABLES
0 Five (5) copies of plots and 1 electronic copy on CD of aerial mapping at
1 I' = 40' with 1 -foot contours in AutoCAD format
0 Two (2) photos (hard copies) and a digital file on CD
TASK 2: PRELIMINARY ENGINEERING
Task 2.1 Data Gathering and Review ($4,945)
The team will review previous plans and reports prepared by Rick Engineering
Company (REC), including the Rancho Carlsbad Mobile Home Park (RCMHP)
Preliminary Alternatives Analysis for Agua Hedionda Channel Maintenance
(2003, 2004), the Carlsbad Channel and Basin Project Special Use Permit
Hydrologic and Hydraulic Calculations (2000), and the Rancho Carlsbad Channel
and Basin Project (1998), as well as the Limited Geotechnical Evaluation Rancho
Carlsbad Channel and Basin Project (Ninyo and Moore 2004). Existing bridge
plans will be reviewed to determine the footprint of the excavation required for
the Agua Hedionda Creek dredging. The Calavera Creek channel footprint is
well-defined; however, as-built control points will have to be determined due to
changes in the channel bottom that have occurred from storm damage.
Task 2.2 Draft Design Plans and Cost Estimate ($152,600)
Preliminary design plans (30 percent design) will incorporate vertical and
horizontal controls, typical cross sections, easements, and property lines for the
Agua Hedionda and Calavera creek channels.
A local scour analysis will be performed on each of the bridge bents for the 100-
year event. A Type Selection Report for the proposed modification will also be
prepared. A seismic analysis of the modified pier condition of each of the bridges
will be conducted. The analysis will be based on recommendations found in the
current version of the Caltrans Memorandum to Designers 20-4 and the Seismic
Design Criteria.
The design calculations for the bridge modifications will be prepared in
accordance with Caltrans Bridge Design Specifications LFD Version 2000. The
bridge plans will identify details necessary for the construction.
Based on the creek dimensions and elevations obtained during the topographic
surveys and additional data provided by the City, an estimate of the volume of
material that will be excavated will be prepared. The team will determine control
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elevations for the Calavera Creek channel confluence to assess if velocity
dissipation features or improvements are required to reduce the water surface
elevation. Once the preliminary footprint has been established, the team will
identify and verify dredging requirements and quantities.
Sediment characteristics (particle size, chemical analysis, composition, etc.) of
the material to be excavated will be identified to evaluate whether the material
can be reused for beach sand replenishment, fill material at other locations, or
other recycling purposes. Depending on how the dredge material may be reused
or recycled, staging areas for dewatering may be required and will be determined
to effectively and efficiently manage dredge spoils if necessary. The team will
conduct an evaluation of the dredged materials and disposal methodology.
The design plan will include an evaluation of the impacts to the existing slopes
along the creeks identifying where vegetation removal may occur and whether
mitigation or replacement planting would be necessary for habitat replacement.
Areas that provide opportunities for aesthetic treatment, community benefit (e.g.,
green space corridors/landscape nodes), onsite habitat enhancement, and
permanent Best Management Practices (BMPs) will be noted.
The team will prepare preliminary cost estimates based on current industry
material costs, labor rates, production rates, and standard construction practices.
The most recent reference documents, such as RS Means Heavy Construction
Cost Data, or other similar documents will be utilized to determine construction
and material costs.
It is assumed that one team meeting will be held with the City to discuss review
comments and requested changes to the draft design and cost estimate.
Task 2.3 Preliminary Hydraulic Analysis ($9,042)
A hydraulic analysis and model of the proposed new channel configuration will be
prepared, incorporating the excavation (flowline) elevation, improvement features
within the channel, and side slope treatment features. The hydraulic model will
serve to evaluate several options or alternatives for appropriately conveying a
100-year storm event.
The hydraulic analysis will be documented and the hydraulic model will be
prepared to conform to the submittal requirements as outlined by FEMA. The
hydraulic model and documentation will be utilized as part of the submittal for the
Conditional Letter of Map Revision (CLOMR).
The hydraulic model will be prepared in conjunction with the draft design and,
upon acceptance from the City, will serve as the basis for the 30 percent design.
It is assumed that the model will be adjusted twice, based on input from the City.
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Task 2.4 Draft Basis of Design Report ($6,303)
A draft Basis of Design Report will be prepared to document the design process,
methodology, and assumptions for the draft design. This report will be submitted
concurrently with the draft design and cost estimate.
Task 2: Deliverables
Ten (IO) copies and 1 electronic copy (on CD) of the following submittals will be
provided to the City for review and distribution:
0 30% Design Plans and Cost Estimate
0 Preliminary Hydraulic Analysis
0 Draft Basis for Design Report
TASK 3: ENVIRONMENTAL ANALYSIS AND DOCUMENTATION
The Environmental Assessment/Environmental Impact Report (EA/EIR) will be
prepared in compliance with the National Environmental Policy Act (NEPA)
regulations of the Council on Environmental Quality and the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines (as
amended). The EA/EIR will describe the proposed project and alternatives to the
project, along with potential adverse and beneficial environmental effects
resulting from the implementation of these alternatives. Measures to reduce or
eliminate adverse environmental effects will be detailed. The document, as well
as its circulation, review, and approval process, will provide a vehicle for
comment upon the alternatives and their potential effects.
The document will be prepared for review and approval by the federal lead
agency (the U.S. Army Corps of Engineers) and the state lead agency (the City
of Carlsbad) under NEPA and CEQA, respectively. The City is the lead agency
because the project site is located in City boundaries and the City is the project
proponent. Because the project requires issuance of a federal permit, it must
also comply with federal laws.
Task 3.1 Initial Study/ Notice of PreparatiodData Collection ($12,113)
Initial Studv (IS). The team will prepare a draft IS for City review. One set of
revisions will be incorporated and a Final IS will be provided to the City and
appended to the Environmental Assessment/ Environmental Impact Report
(EA/EIR) document. The IS will also be appended to the Notice of Preparation
(NOP).
Notice of Preparation/Scoping Meetinqs. The team will prepare the NOP for City
review. The team will incorporate one set of revisions and submit the final NOP
to the City for distribution.
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The team will attend three (3) public scoping meetings. The team will assist the
City in the preparation of the scoping meetings by providing project summary
information in bullet format (for use in a PowerPoint presentation) and a visual
display of the project area (aerial base map with the project boundary). The
team assumes that the City would conduct the public scoping meetings during
the NOP 30-day public review period. Notification of the meetings will also be
conducted by the City.
Data Collection. The team will utilize available information to minimize cost.
Existing documentation prepared for the project includes the current spring
biological surveys prepared by RECON (protocol level surveys for least Bell’ s
vireo and southwestern willow flycatcher and vegetation mapping), the hydrologic
report prepared by Rick Engineering (August 2000), and the geotechnical
investigations prepared by GEOCON (July 2000, September 2002) and Ninyo
and Moore (January 2004). As applicable, the team will incorporate in-house
baseline data from the Preliminary Environmental Analysis Report (PEAR) for the
Cannon Road Reach 4 project.
As part of the Carlsbad Drainage Master Plan project, the team has already
obtained the following documents: Final EIR for the City of Carlsbad General
Plan Update (1 994); Watershed Urban Runoff Management Program (2003);
Standard Urban Stormwater Mitigation Plan (2003); Jurisdictional Urban Runoff
Management Plan (2002); 2004 Traffic Monitoring Program (2004); Final
Program EIR for the Water and Sewer Master Plan Updates (2003); the Habitat
Management Plan for Natural Communities (2004). These documents will be
used as appropriate in preparation of the environmental analysis for the
proposed project.
The following is a description of the data sources to be used to provide
regional characterizations for each of the National Environmental Policy Act
(NEPA) and California Environmental Quality Act (CEQA) issues to be assessed
in the ENEIR.
Biological Resources - A biological resources map will be developed
using data from the California Natural Diversity Database (CNDDB), U.S. Fish
and Wildlife Service (USFWS) Designated Critical Habitat, and the National
Wetland Inventory. Jurisdictional waters of the U.S. will be mapped following
EDAW’s wetland delineation study for Calavera Creek. Wetland delineation for
Agua Hedionda Creek and vegetation mapping along Agua Hedionda and
Calavera creeks, including the area between Cannon Road and El Camino Real
bridges, will be based on RECON’S surveys conducted in 2002 and spring of
2005.
To address additional biological analysis requirements, rare plant surveys and a
wetland delineation survey for Agua Hedionda and Calavera creeks will be
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conducted as part of a separate contract. Costs for these surveys are not
included in this fee proposal. The findings of these additional analyses will be
provided in independent letter reports and summarized in the ENEIR. Existing
reports, including the team’s letter reports and previous survey work conducted
by RECON, will be provided as appendices to the ENEIR.
Focused surveys for the light-footed clapper rail will be conducted within suitable
marsh vegetation habitats within the study area. A series of five surveys will be
conducted, following a methodology accepted by the USFWS. Surveys for light-
footed clapper rail will occur between February 15 and May 31.
Cultural Resources - The bottoms of both Agua Hedionda and Calavera
creeks, having been repeatedly dredged, are unlikely to contain intact cultural
sites. However, cultural deposits within undisturbed sediments along the banks
of these creeks could be affected by the stabilization efforts. The team will
conduct a records search, which will identify previously recorded archaeological
resources within 1 mile of the project area. Following the records search, a
qualified archaeologist will examine areas subject to physical disturbance within
the project area, including the drainage banks. Identified cultural resources will
be recorded in standard Department of Parks and Recreation format. The results
of the records search and site investigation will be summarized in the ENEIR
section.
Land Use - The City of Carlsbad General Plan, zoning ordinances, the PEAR for
Cannon Road Reach 4, and other planning documents for the City of Carlsbad
will be used to determine land use compatibility and other land use-related
issues. Existing and planned land uses with the project study area
(approximately I-mile radius) will be mapped on aerial base maps.
Water Resources - One source of regional water resources and water quality
information is through Project Clean Water, which provides regional watershed
management planning and information resources. The Watershed Urban Runoff
Management Plan for the watershed in the study area that is disseminated
through the website will be referenced for information such as sensitive waters,
predicted growth, pollutants of concern, resources requiring protection, and other
water resource issues. Local municipalities in concert with the Regional Water
Quality Control Board (RWQCB) develop these plans. The plans address current
regulatory compliance needs, as well as holistic approaches to improving water
quality. Other reference documents will include the City of Carlsbad General
Plan (1994), General Plan Master EIR (1994), and Jurisdictional Urban Runoff
Management Plan (2002).
Traffic and Transportation - Data to characterize existing and future traffic
volumes in the study area and condition of existing roadways will be gathered
from the City of Carlsbad traffic engineering department and if appropriate,
SANDAG’s travel demand forecasting model and regional growth projections.
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The proposed dredging and improvements are not expected to generate
significant traffic volumes and, therefore, no traffic modeling is included in this
scope.
Noise - Noise measurements will be obtained at up to three locations along the
residences located immediately adjacent to Agua Hedionda and Calavera creeks
to determine existing noise levels. A discussion of potential noise sources during
construction and estimated noise levels will be described. Applicable planning
documents, such as the Noise Element of the City’s General Plan will be used to
determine the allowable noise limits of particular areas. Noise-sensitive land
uses will also be identified, including hospitals, schools, churches, and elder care
facilities.
Air Quality - Regional air quality will be described using information from the
San Diego Air Pollution Control District’s air quality monitoring network.
Additional information may be provided through the California Air Resources
Board or the U.S. Environmental Protection Agency.
Visual Resources - In addressing potential impacts to visual resources, local
and state scenic highway sources will be consulted, and sensitive receptors in
the vicinity of Agua Hedionda Creek and Calavera Creek will be described. El
Camino Real has been designated a First Priority Scenic Route in the San Diego
County General Plan, and a Community Theme Corridor in the City of Carlsbad
General Plan. Applicable goals related to visual resources will be identified.
Geology and Soils - Information will be derived from published geologic
literature and maps, such as the Kennedy Maps showing geologic formations for
the San Diego area, and U.S. Department of Conservation Soil Survey Maps of
San Diego County.
Paleontology - Analysis of paleontological resources will be based upon a
review of the potential for fossiliferous strata identified in published geologic
literature and based on discussions with paleontologists at the San Diego Natural
History Museum.
Agricultural Resources - The existing study area is not expected to affect
existing agricultural resources since proposed dredging and maintenance
activities will occur within a developed area.
Recreation - Data sources for recreation will include maps of existing recreation,
park facilities, and wildlife refuges within the study area. Plans for future
recreation opportunities will be gathered from the City of Carlsbad’s General
Plan.
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Task 3.2 Screencheck Draft ENEIR ($49,438)
The team will develop the necessary technical analyses for water resources,
traffic and transportation, noise, air quality, visual resources, geology and soils,
paleontological resources, and other environmental resources that could be
affected by the proposed project. The technical analyses developed in support of
the ENEIR will use industry-accepted analysis and modeling techniques and
regulatory standards and guidelines. It is anticipated that several environmental
resource and issue areas will be identified as "Effects Not Found to Be
Significant" that do not require further analysis, minimizing the complexity of the
ENEIR. These issue areas will be addressed in the IS for the project, which will
be appended to the ENEIR.
The ENEIR will include a concise Executive Summary of the environmental
analysis and an Introduction that describes the environmental process. The
existing environmental conditions will be described, significance criteria clearly
identified, and environmental consequences analyzed with regard to the
significance criteria. Reasonable m'itigation measures will be proposed where
necessary and feasible to reduce impacts to below a level of significance. The
responsible agency for implementation of each mitigation measure will be clearly
identified. The ENEIR will include other mandatory sections as required by
CEQA and NEPA, including potential growth-inducing effects of the project,
cumulative effects, and an alternatives analysis. The team will develop a draft
Mitigation Monitoring Reporting Program (MMRP) and recommends including
this as a section in the Draft ENEIR. This provides upfront review and comment
by the public of the recommended mitigation measures.
The team anticipates three separate reviews during preparation of the
screencheck Draft ENEIR. Four meetings will be held with the City during
preparation of the screencheck documents.
Task 3.3
Completion (NOC) ($29,713)
Public Review Draft ENEIR/Notice of Availability (NOA)/Notice of
Once City comments are incorporated, the Draft ENEIR including appendices
will be provided to the City for public distribution. A draft NOA will be prepared
for review and distribution by the City. The City will post the NOA at the Clerks
office for a 30-day period. The City will arrange to publish the NOA in local
newspapers. The team will prepare the NOC for the City's review and
distribution to the State Clearinghouse.
Task 3.4 Response to Comments, Final ENEIR, and Findings ($9,208)
Following a 45-day public review period, the team will work with City staff to
prepare responses to comments. Letters and individual comments will be coded
and a good-faith written response will be prepared. The responses will be
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displayed in the Preliminary Final ENEIR opposite the comment, using
corresponding coding. The MMRP will be finalized following comments received
during the public review process. Draft Findings will also be prepared. The
Findings will be prepared to address one or more significant environmental
effects of the project and will discuss whether 1) the project includes changes or
alterations which avoid or substantially lessen the significant environmental
effect, 2) if changes or alterations are within the responsibility and jurisdiction of
another agency, and 3) economic, legal, social, technological or other
considerations render the mitigation measures infeasible as identified in the Final
ENEIR. A draft Finding of No Significant Impact (FONSI) will be prepared and
provided to the U.S. Army Corps of Engineers (Corps) for their review and
processing.
Following one review by the City, the team will revise and submit the final
documents for the City’s distribution. The team will attend four meetings
during preparation of the Responses to Comments, Final EAIEIR, and
Findings.
Task 3: Deliverables
Ten (IO) copies and 1 electronic copy (on CD) of the following submittals will be
provided to the City for review and distribution:
0 Draft and Final Initial Study/NOP
0 Ist, 2nd, and 3rd Screencheck Draft ENEIR
0 Draft and Final Responses to Comments, Final ENEIR, and Findings
Up to 50 copies of the Public Review Draft ENEIR and 1 electronic copy (on CD)
will be provided to the City for distribution. Fifteen (15) CDs of the Public Review
Draft ENEIR and 15 copies of the Executive Summary will be provided to the
City for distribution to the State Clearinghouse.
One (1) copy and 1 electronic copy (via email) of the following will be provided to
the City for final edits and distributions:
0 Notice of Availability
0 Notice of Completion
FONSI
TASK 4: ENVIRONMENTAL MITIGATION
Task 4.1 Draft Conceptual Mitigation Plan ($20,292)
The primary environmental mitigation for the project will include mitigation for
permanent and temporary impacts to wetland and nonwetland waters of the U.S.
under the jurisdiction of the Corps and California Department of Fish and Game
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(CDFG). The RWQCB and California Coastal Commission will also have review
and approval authority over the project’s proposed mitigation. In accordance with
resource agency guidelines, it is expected the wetland mitigation will occur within
the same watershed as the proposed project (i.e., Carlsbad Hydrologic Unit), and
that some of the mitigation will occur within the coastal zone to the extent
feasible.
The primary objectives of the wetland mitigation for the Agua Hedionda and
Calavera creek channels are:
0 Negotiate in a coordinated manner with the City to obtain agency approval
for the minimum amount of wetland mitigation necessary
0 Work with City and agency staff to prepare a suite of alternative mitigation
options for consideration
0 Identify the least expensive, preferred mitigation option that meets
expectations of the City and the agencies
0 Prepare a clear and concise wetland mitigation plan including an
implementation cost estimate
0 Manage the wetland mitigation task in an organized and efficient manner
to accelerate agency approval and permitting so that the dredging and
improvement project is complete on schedule, or ahead of schedule
Based on the project description in the RFP, a review of background documents,
and a site visit conducted by the team, it is estimated that dredging activities
within Agua Hedionda Creek (between Cannon Road and 3,100 feet upstream)
would affect approximately 0.4 acre of willow woodland, 0.2 acre of channel
bank, and 2.6 acres of nonwetland waters (open sandy channel). A minimal
amount of additional jurisdictional area may be temporarily impacted to gain
access to the dredging areas.
It is anticipated that 1 to 2 acres of wetland creationhestoration and
approximately 2 to 5 or more acres of wetland enhancement (e.g., exotic plant
removal) may be required as mitigation. The Habitat Management Plan for
Natural Communities in the City of Carlsbad (1 999) indicates that the mitigation
requirement for wetland habitats is to achieve “no net loss” (minimum 1:l
replacement) and that the “mitigation ratio varies by type of replacement habitat.’’
As a cost-saving effort, the team will work together during the final project design
to incorporate design measures that minimize the wetland mitigation
requirements and cost for potential offsite mitigation. This can be accomplished
by avoiding and minimizing impacts to jurisdictional areas and implementing
potential onsite mitigation to the extent feasible, while still meeting the dredging
and flood control needs of the project. For example, based on measurements in
Agua Hedionda Creek upstream of El Camino Real Bridge, willow woodland
habitat areas within some of the outer portions of the channel bed can be
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preserved while still dredging a 70-foot bottom width. Potential onsite mitigation
and restoration opportunities to be considered by the EDAW team and City staff
include:
Establishing native riparian habitat on the Agua Hedionda Creek banks
once the dredging is complete creating,
Managing volunteer wetland vegetation in Agua Hedionda Creek in years
between dredging maintenance cycles to remove nonnative exotics, and
Restoring wetlandlriparian along Calavera Creek as part of the bank
stabilization and erosion control work.
EDAW will work closely with City staff to identify and evaluate potential offsite
mitigation alternatives to select a mitigation alternative that is cost effective and
meets the future mitigation requirements agreed upon with the agencies. A
number of potential wetland mitigation opportunities exist. Since it would reduce
the cost of mitigation, the first mitigation alternatives that will be considered will
be property owned by the City (e.g., San Marcos Creek) or property the City may
be considering for purchase. Other potential offsite mitigation alternatives
include:
Along Agua Hedionda Creek east of Rancho Carlsbad Golf Course and
also south of Freeway 78
Mitigation opportunities within Agua Hedionda Lagoon
Potential mitigation bank in the Canyon de las Encinas drainage south of
Palomar Airport Road
Lake Val Sereno along Escondido Creek at which Wildlands, Inc. is
attempting to establish a mitigation bank now that The Environmental
Trust no longer manages the site
Once the City approves use of a mitigation site approved by the resource
agencies, EDAW will prepare a mitigation plan that will include ongoing
monitoring, in accordance with the RFP, to ensure establishment of the
vegetation. The plan will be prepared with sufficient detail to meet resource
agency expectations to complete project permitting. This scope does not include
preparation of mitigation site grading or landscape construction plans (Le., bid
documents), although EDAW can provide mitigation construction plans upon
request.
One (1) set of revisions by the City will be incorporated prior to submittal of the
plan to the resource agencies.
Task 4.2 Final Conceptual Mitigation Plan ($9,428)
Following receipt of agency comments, the Final Conceptual Mitigation Plan will
be prepared and the plan will be submitted to the City.
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TASK 4: DELIVERABLES
Ten (IO) copies and 1 electronic copy (on CD) of the following submittals will be
provided to the City for review and distribution:
0 Draft and Final Conceptual Mitigation Plans
TASK 5: FINAL ENGINEERING
Task 5.1 Final Design Plans, Specifications, and Cost Estimates ($77,493)
As part of the final design task, 90% and 100% submittals to the City will be
made. The 90% submittal will include plans (revised per comments on the 30%
submittal), specifications, and estimates. The specifications will address
responsibilities for performance of work, material type and quality, measurement,
and payment. As per the City requirement, the specifications will be prepared in
“Green Book” format for public works construction. The team will provide
revisions to the cost estimate based on revisions and comments to the 30%
design submittal, changes in quantities, restriction of disposition of dredged
material, and increases in construction costs based on standard construction
practices.
An Erosion Control Plan/Storm Water Pollution Prevention Plan (SWPPP) will also
be submitted with the 90% package. The Storm Water Pollution Prevention Plan
(SWPPP) will provide an approach to monitoring the various phases of project
construction and specify the appropriate BMPs along the alignment as
construction progresses. The SWPPP will be developed in accordance with the
requirements of the State Water Resources Control Board Order No. 99 - 08 -
DWQ/National Pollutant Discharge Elimination System General Permit
CAS000002 (Discharges of Storm Water Runoff Associated with Construction
Activity) (General Permit). Any municipal or jurisdictional requirements will also be
incorporated where appropriate.
Because Aqua Hedionda Lagoon is impaired for sedimentation/siltation,
monitoring for visible (i.e., sediment) pollutants in project-related storm water
discharges will be necessary. The General Permit requires sampling and
analysis for sediment or turbidity when the construction site runoff discharges
directly into a water body that is impaired by sediment/silt or turbidity (per the
Clean Water Act Section 303(d) list). However, the crux of the SWPPP will be to
prevent storm water discharges from areas disturbed by construction activities by
incorporating BMPs that will minimize or eliminate the need for storm water
sampling and analysis (i.e., avoid offsite discharges). Likewise, BMPs will also
address nonvisible pollutants that could be potentially released from construction
site materials and impact receiving waters (cause or contribute to an exceedance
of water qua I ity objectives).
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This plan will present specific BMPs for source control relative to construction
components and nearby receiving waters. The erosion control drawings will be
incorporated into the project SWPPP for comprehensiveness. Sediment control
BMPs will also be presented, along with those for nonvisible pollutant control.
It is assumed that one team meeting will be held with the City to discuss 90%
review comments and requested changes.
A 100% submittal package that includes plans, specifications, and estimates will
be provided to the City at the completion and incorporation of comments received
from the 90% review.
Task 5.2 Final Hydraulic Analysis ($4,858)
The hydraulic analysis documentation and the hydraulic model will be prepared
to conform to the submittal requirements as outlined by FEMA. The hydraulic
model and documentation will be utilized as part of the submittal for the Letter of
Map Revision (LOMR).
Task 5.3 Final Basis of Design ($3,395)
The hydraulic analysis documentation and the hydraulic model will be prepared
and condensed into a hydrology report for the Agua Hedionda and Calavera
creeks for submittal to the City. The hydrology report will conform to the
submittal requirements as outlined by FEMA. The hydraulic model and
hydrology report will be utilized as part of the supporting documentation for the
submittal of the Letter of Map Revision (LOMR).
TASK 5: DELIVERABLES
Ten (1 0) copies and 1 electronic copy (on CD) of the following submittals will be
provided to the City for review and distribution:
0 90% and 100% Plans, Specifications, and Cost Estimate
0 Final Hydraulic Analysis (Hydrology Report)
0 Final Basis of Design
TASK 6: PERMIT PROCESSING
The team will be responsible for supporting the City in preparing applications and
processing the following regulatory permits to implement the project:
0 Individual permit for impacts to jurisdictional waters and wetlands from the
Corps pursuant to Section 404 of the Clean Water Act (404 permit);
0 Water Quality Certification from the RWQCB pursuant to Section 401 of
the Clean Water Act (401 certification);
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0 Streambed Alteration Agreement from the CDFG pursuant to Section
1600 of the Fish and Game Code; and
0 Coastal Development Permit (CDP) from the City pursuant to the
California Coastal Act.
The potential exists for least Bell's vireo, light-footed clapper rail, and
southwestern willow flycatcher to occur at the Agua Hedionda bridge crossing.
Assuming the project will be designed in conformance with the avoidance
measures and habitat compensation guidelines in the City of Carlsbad's Habitat
Management Plan, these species will be covered under the Section 10a Take
Authorization Permit. Accordingly, this scope of work does not include formal
consultation with USFWS and/or CDFG regarding these or any other threatened
or endangered species.
Task 6.1 Resource Agency Meetings/Coordination ($1 9,371)
The overall approach to acquiring permits includes effective communication with
agency staff to (1) help develop strategies and alternatives early in the process
that will comply with regulatory requirements, (2) identify acceptable mitigation so
that mitigation concept plans are familiar to agency staff prior to application
submittal, and (3) ensure that the team is preparing all information necessary to
submit a complete application package in the initial submittal. Agency schedules
mandated by regulations are initiated only once an application is considered
complete, so submitting a complete application is imperative to meet the
aggressive schedule.
Toward this end, the team will meet with agency staff starting early in the process
and continue through submittal and processing (four meetings). Meetings will
include one joint preapplication meeting (Corps, RWQCB, and CDFG likely held
at the CDFG offices); one joint agency field meeting (also including city staff
charged with processing the CDP), and two meetings during permit
processing/negotiations.
Task 6.2 Resource Agency Permits ($1 1,615)
404 Individual Permit
Based on the meeting/coordination feed back and sensitive project design, a
permit application package will be prepared and submitted to the City for review.
The permit application will be revised and a permit packet will be submitted to the
Corps for an Individual 404 permit. To facilitate the process, a Draft Public
Notice and Draft 404(b)(l) alternatives analysis will be provided to the Corps.
One copy of the Draft Public Notice and Draft 404(b)(l) alternatives analysis will
be submitted to the City for review and one final copy of the public notice and
alternatives analysis will then be submitted to the Corps. The Corps will only
issue the 404 permit once the 401 certification is issued. Although the
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application will be submitted simultaneously with other permits, this will be the
last permit to be obtained.
It is assumed that the Corps as the federal lead will coordinate with the California
Coastal Commission to obtain a Coastal Consistency Determination.
401 Certification
A 401 certification application will be prepared for the City’s review. One final
401 certification package will be provided to the City for submittal to the RWQCB.
Permit application fees will be paid by the City.
Streambed Alteration Agreement
One (1 ) Streambed Alteration Agreement permit application will be prepared for
the City’s review and one final permit packet will be provided to the City for
submittal to the CDFG. Permit application fees will be paid by the City.
Coastal Development Permit
A portion of the project footprint extends into the coastal zone. In the study area,
the coastal zone boundary is roughly contiguous with El Camino Real. As part of
the project, dredging and bridgework would occur at the El Camino Real and
Cannon Road bridges, and in the channel between the two bridges. A CDP from
the City of Carlsbad must be obtained, although the permit will be appealable to
the California Coastal Commission.
The team will prepare the CDP application and submit one (1) copy for the City’s
review. One (1) copy of the CDP application will be provided to the City for
submittal to the California Coastal Commission. The City has noticing
requirements for adjacent property owners (within 600 feet) and residents (100
feet). The team will prepare the appropriate noticing maps and address labels.
The team assumes City staff will perform the actual distribution with the labels
provided.
TASK 6: DELIVERABLES
One (1) electronic copy (via email) of the following submittals will be provided to
the City for review and distribution:
0 Resource agency meeting minutes
0 Draft and Final Permit Application Packages for the 404, 401, Streambed
Alteration Agreement, and Coastal Development Permit
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TASK 7: FEMA PERMIT PROCESSING
Task 7.1 Conditional Letter of Map Revision ($1 0,679)
The City will provide input files from the latest HEC-I and HEC-RAS studies
performed by others. The team will evaluate the hydraulic alternatives and
review a copy of the previously approved CLOMR. The team will work closely
with the city to determine and incorporate existing and future detentionhetention
basins that are proposed as part of the city flood control requirements. Based on
this information, the team will generate a revised hydraulic analysis and model
for a new submittal to secure an approved CLOMR.
Based on this available information, our team will prepare the necessary studies
and applications for submittal to FEMA with supporting documentation as follows:
I. Completed application forms
2.
3.
Narrative description of the project and submittal
Hydrologic Calculations along with digital files of modeling output
4.
5.
Hydraulic Calculations along with digital files of modeling output
Certified topographic map with floodplain and floodway delineations, if
applicable
6. Annotated Flood Insurance Rate Maps, or Flood Boundary and
7. Items required to satisfy any National Flood Insurance Program
Floodway Maps reflecting changes due to the project
reg u I a tory req u ire men t s
Our team will (a) provide the data used in determining the revised floodplain
boundaries, flood profiles, floodway boundaries, etc.; (b) provide data necessary
to demonstrate that the physical modifications to the floodplain meet NFIP
regulations, have been adequately designed to withstand the impacts of the 1%
annual chance flood event, and will be adequately maintained; and (c)
demonstrate that the revised information (e.g., hydrologic and hydraulic analyses
and the resulting floodplain and floodway boundaries) is consistent with the
effective Flood Insurance Study information.
Task 7.2 Letter of Map Revision ($5,075)
Based on a positive response from FEMA, an approved CLOMR and completed
construction plans (e.9. as-built plans) for the Agua Hedionda and Calavera
creeks, our team will prepare the necessary studies and applications for
submittal to FEMA with supporting documentation previously discussed under
Task 7.1. The overall goal of the submittal is to receive a letter from FEMA
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officially revising the current NFlP map (LOMR) to show changes to floodplains,
floodways, or flood elevations. This fee proposal assumes FEMA application
fees will be paid by the City.
TASK 7: DELIVERABLES
Four (4) copies and 1 electronic copy (on CD) of the following submittals will be
provided to the City for review and distribution:
0 CLOMR
0 LOMR
TASK 8: MAINTENANCE PLAN
Task 8.1 Draft Maintenance Plan ($1 1 ,I 66)
The team will develop a Draft Maintenance Plan that identifies the scope and
timing of summer inspections as well as post-storm inspections during the winter
season to identify potential damage and assess whether repairs or maintenance
is needed. To maximize efficiency, the plan will incorporate these project-
specific inspections within the scope of the City’s current maintenance program.
The maintenance plan will address sediment gauging and vegetation height
monitoring via measurement posts that will be installed to monitor sedimentation
rates and the need for vegetation management within the channel. The plan will
provide trigger maintenance indicators and other decision-making guidance that
will provide straightforward direction to Public Works staff on various
maintenance requirements to preserve flood control capacity while managing
sensitive environmental resources within the watercourses.
The frequency of inspection is expected to be at least twice annually to
determine damage and assess repairs. Select vegetation may have to be
removed annually while sediment removal may be tentatively scheduled and
performed every 3 years or as conditions warrant.
The Draft Maintenance Plan will be prepared for the City’s review. Revisions will
be incorporated and a Draft Maintenance Plan will be incorporated to the ENEIR.
Task 8.2 Final Maintenance Plan ($4,399)
The Maintenance Plan will be described in the ENEIR and submitted to the
regulatory agencies during the permit acquisition phase. Following receipt of
comments on the ENEIR, a Final Maintenance Plan will be prepared and
submitted.
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TASK 8: DELIVERABLES
Four (4) copies and 1 electronic copy (on CD) of the following submittals will be
provided to the City for review and distribution:
0 Draft and Final Maintenance Plan
TASK 9: PROJECT MANAGEMENT
Task 9.1 Project Management ($1 1,083)
EDAW’s project manager will provide the day-to-day coordination with the project
team and City staff. A Project Management Plan (PMP) will be prepared through
the use of a spreadsheet that lists each work product’s budget, document control,
QNQC, team roles, and delivery dates. The PMP will specify a target endpoint
of each round of client and agency review and projected resubmittal dates. The
PMP will also provide deadlines for the submittal of work products; it will specify
the duration of review periods by agencies after their agreement to these time
frames. The Microsoft Project-based project schedule will be updated and
provided to the City’s Project Manager. Monthly schedule updates, including a
revised schedule and schedule analysis, will be provided to the City.
TASK 9: DELIVERABLES
Ten (IO) copies and 1 electronic copy (on CD) of the following submittals will be
provided to the City for review and distribution:
0 PMP
0 Monthly Schedule Updates (assumes 24 updates)
Task 10: Contingencv
A contingency of $50,000 will be set aside to cover unforeseen tasks that may
arise during project implementation (e.g., additional fieldwork, studies, meetings,
etc.). No work will be performed without prior written authorization including a
negotiated scope of services and fee.
NOTES:
1. This is a fixed fee agreement.
2. Invoices to be submitted and payments to be made on a percentage
complete basis.
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