HomeMy WebLinkAboutICF Jones and Stokes Inc; 2019-05-16; PSA19-751TRANPSA19-751TRAN
AGREEMENT FOR COLLEGE BOULEVARD COMPENSATORY HABITAT MITIGATION
PLANNING AND IMPLEMENTATION SERVICES
ICF JONES AND STOKES, INC.
is made and entered into as of the / Sd::iic,., , day of
----'--~~------' 2019, by and between the CITY OF CARLSBAD, a municipal
corporatio ("City"), and ICF JONES AND STOKES, INC., a Delaware corporation,
("Contractor").
RECITALS
A. The City requires the professional services of a consultant that is experienced in
compensatory habitat mitigation planning and implementation.
B. Contractor has the necessary experience in providing professional services and
advice related to compensatory habitat mitigation planning and implementation.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of three (3) years from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional two (2)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not
exceed four hundred eighteen thousand seven hundred eighty seven dollars ($418,787). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent (10%)
retention until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
s.ection will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
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in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this projecUlocation or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements . Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
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maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Daniel Zimny
Title Associate Engineer
Department Public Works
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad, CA 92008
Phone No. 760-602-7551
For Contractor
Name Richard Van Sant
Title Project Manager
Address 525 B Street Suite 1700
San Diego, CA 92101
Phone No. 858-444-3928
Email rj.vansant@icf.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes~ No D
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement. ·
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination . If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
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under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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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.
CONTRACTOR
ICF JONES AND STOKES, INC., a
Delaware corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
ATTEST:
/1 ./1 . ,.I (j /' .
0YY]u./-i~ . ·· r)/( 7)(/IAVY
L---n_ Barbara Engleson, City Clerk u
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
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Scope of Services
Project Element 1 -Project Management
PSA19-751TRAN
Exhibit "A"
The ICF Team will regularly attend in-person meetings and conference calls with City staff
throughout all tasks, including the award meeting and mitigation site walk. The ICF Team will provide
regular communication with the City and agency staff, submit monthly invoices, budget tracking, and
management of project schedule and deliverables. ICF will provide the City with the necessary
contact information for all field and office primary points of contract. In addition to the recurring
Project Management activities identified above, !CF will organize the project kick-off meeting with the
City and appropriate technical leads to discuss the project elements to be performed, project
schedule, communication protocols, etc. This project element will also include one site walk with City
staff to review the project site.
Deliverables
• Meetings agendas and notes.
• Monthly invoices, progress memos, and schedule updates.
Project Element 2 -Development of Advance Permittee Responsible Mitigation
Program
ICF's team of regulatory and mitigation specialists, led by the Project Manager, R.J. Van Sant, will
work closely with the City and applicable resource agencies to develop an APRM program that
addresses the City's needs and helps them meet their storm water maintenance goals and
objectives. ICF staff will draw upon previous APRM experience with the City of San Diego APRM
program, the Otay River Restoration Project, and the SANDAG/Caltrans APRM program to develop
a tailored APRM approach for the City. !CF will utilize existing APRM guidance documents, such as
the USAGE -Seattle District's Inter-agency Regulatory Guide for APRM , the Sacramento District's
2017 guidelines for development of APRM proposals, and the MFRs for the City of San Diego and
SANDAG APRM programs, as well as our existing relationships with local USAGE staff, to ensure an
APRM Program that is comprehensive and acceptable by the regulatory agencies is developed.
Development of an APRM Program requires information beyond that of a traditional mitigation site
and the information required is similar to that of a mitigation bank and generally includes the
following:
• The identification and discussion of range of projects and project types that would be
mitigated at the APRM site(s), including general locations of project impacts.
• A discussion of how the APRM Program will meet the watershed approach and how/why it
complies with the USAGE/EPA 2008 Mitigation Rule.
• Ecological and watershed based justification for APRM approach.
• Discussion of site protection mechanisms, long-term management funding , and financial
assurances.
• Identification of the service area, including ecological justification of the service area.
• Identification of credit release schedule and credit tracking system.
ICF will ensure these elements are addressed in the APRM Program so that regulatory staff have all
the information needed to efficiently review the City's APRM program.
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Exhibit "A"
In developing the APRM program, ICF will coordinate with the City, USACE, RWQCB and CDFW
(and any other applicable agencies) to gain feedback and input. Early and consistent engagement
with the resource agencies is important as APRM is still a relatively new mitigation approach in San
Diego and is vital to ensure a mitigation approach that will be approved by all resource agencies.
ICF will make modifications to the program, if needed, based on agency and/or City feedback. ICF
will ensure the APRM program is written as to allow other potential future mitigation sites to be
incorporated.
Based on our experience developing similar programs with the USACE Carlsbad Office, the USACE
will formalize their acceptance, including the terms and conditions, of the City's APRM Program by
preparing a Memorandum for the Record. The Memorandum for the Record will document why and
how the City's APRM Program meets the terms and conditions of the 2008 Mitigation Rule, the type
of projects (e.g., City storm water management projects) that will that utilize future APRM sites,
provide justification for the ecological preference of the City's APRM Program to established
mitigation banks (i.e., the San Luis Rey Mitigation Bank and Brook Forest Mitigation Bank) and/or in-
lieu fee programs, and may identify via attachments to the Memorandum for the Record outlines of
the HMMP and long-term management plan. ICF will prepare a draft Memorandum for the Record
for the USACE to facilitate and expedite their review of the program. ICF understands the RWQCB
and CDFW approval of APRM sites will occur through the review and approval of the APRM site
specific HMMP. Although the RWQCB and CDFW do not require a separate "approval" document,
such as the USACE APRM Memorandum for the Record, ICF will engage these agencies and
include them in the coordination and negotiations that occur with the USACE to ensure we gain
RWQCB and CDFW preliminary feedback and buy-in of the APRM program and approach.
Assumptions
• Five in-person meetings/conference calls with the regulatory agencies and/or City.
• Assumes two rounds of review of the APRM Program Draft Memorandum for the Record by
the City.
Deliverable
• Draft APRM Program Memorandum for the Record.
Project Element 3 -Assessment of College Boulevard Site and Quantification of
Mitigation Types and Acres
The purpose of this task is to identify mitigation opportunities, including the type and quantification of
potential mitigation acreage, that is possible at the College Boulevard Site, and to assess and
document the mitigation site baseline conditions to inform the development of the HMMP (Project
Element 4 below). In addition, any constraints for developing compensatory aquatic resource
mitigation will be identified. The ICF Team will complete a wetland delineation of the site, hydrologic
and hydraulic study, including the portion of Calavera Creek that flows through the parcel, inundation
mapping of the creek's floodplain and Basin BJB, and a cultural resources records search and
pedestrian survey. In addition a cost/benefit analysis of the project site will be prepared.
3.1 Jurisdictional Delineation Field Survey
ICF delineators will conduct a jurisdictional delineation of the mitigation site, identifying areas that
are potentially subject to USACE jurisdiction pursuant to Section 404 of the Clean Water Act (CWA)
(waters of the U.S., including wetlands), RWQCB jurisdiction under Section 401 of the CWA and/or
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Exhibit "A"
State Porter Cologne Act, and CDFW jurisdiction pursuant to Section 1602 of the Fish and Game
Code. The jurisdictional delineation for waters of the U.S., including wetlands, will be conducted
using methods established in the Corps of Engineers A Field Guide to the Identification of the
Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States: A
Determination Manual (USAGE 2008), the Corps of Engineers Wetland Delineation Manual
(Environmental Laboratory 1987), and the Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Arid West Region (Arid West Supplement) (USAGE 2008). CDFW jurisdictional
areas will be mapped to include the distance between the top-of-bank or to the drip line of any
associated riparian canopy, whichever is greater.
Upon completion of the field survey, ICF will provide the City with completed OHWM and wetland
datasheets; figures clearly depicting the locations, type(s), and extent of jurisdictional features; and a
table breakdown of the wetland delineation results by regulatory agency. For efficiency, ICF will
prepare the figures and results table in a manner that can easily be reused to prepare a request for a
preliminary jurisdictional determination (PJD) and verification of all potential waters of the U.S. within
the project site. ICF assumes that the USAGE will accept a PJD for the APRM site; however, during
recent communications with the USAGE, it appears they are starting to require approved
jurisdictional determinations (AJD) for most mitigation banks. Although not a mitigation bank, ICF
recognizes APRM sites maintain many similarities to mitigation banks, therefore, the USAGE could
require an AJD for the APRM site. AJDs require greater data collection and analysis as compared to
PJDs, including documentation of physical, chemical, biological characteristics and their connectivity
to and influence on downstream traditional navigable waters. Given our strong regulatory
background and experience completing AJDs through the USAGE Carlsbad office, our team is
prepared to support the City with either a PJD or AJD, as needed.
State (California Government Code 4216 and Title 8, Chapter 4, Subchapter 4, Article 6, Section
1541) and federal (29 CFR 1926 Subpart P [1926.650 to .652]) health and safety laws require
notification to underground utility operators prior to excavation work (as defined in Section 1541) to
protect underground infrastructure. In compliance with these laws ICF will conduct a site visit to
appropriately pre-mark the locations on the project site where we intend to establish wetland data
points and will notify the regional notification center (i.e., northern California: USA North
811 /southern California: DigAlert) to enable the utility operators to either mark their infrastructure
onsite or confirm that no infrastructure is present. Marked infrastructure will be avoided.
Assumptions
• Assumes 1-day of wetland delineation fieldwork for a team of two-persons.
• Assumes an Approved JD is not required.
• ICF will collect all data necessary to prepare a request for verification and PJD.
Deliverables
• Completed project site OHWM and wetland datasheets.
• Figures clearly depicting the location(s), type(s), and extent of jurisdictional features.
• Table breakdown of the wetland delineation results by regulatory agency and aquatic
resource type (e.g., wetland, non-wetland streambed, riparian, etc.)
3.2 CostlBenefit Analysis of College Boulevard Site
ICF will prepare a brief cosUbenefit analysis of the College Boulevard Site to determine the
mitigation potential at the site and the approximate cost to obtain the mitigation. The cosUbenefit will
be completed to determine if the College Boulevard Site will generate enough credits to justify the
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Exhibit "A"
costs associated with developing it into a standalone APRM site or in combination with other
mitigation sites. The City has currently spent large amounts of money pursuing the College
Boulevard Site and it's important to understand if resources should continue to be used at the
College Boulevard Site or if the City could achieve more "bang for the buck" at a different mitigation
location. !CF will review current City open space parcels and lands owned by the City as well as
determine costs associated with purchasing mitigation at a mitigation bank to better understand the
various mitigation options and associated costs and benefits.
Assumption
• The analysis will be performed by restoration ecologist/mitigation specialist and not a
Financial Analyst
Deliverable
• A brief (1-2 page) cost/benefit memorandum
3.3 Hydrologic and Hydraulic Study and Inundation Mapping
TRWE will prepare a Rational Method hydrologic analysis of the College Boulevard Site watershed
as well as prepare a hydrologic routing analysis of flows (e.g., 2-year, 10-year, and 100-year, at
minimum) through the outlet works of Basin BJB to establish water surface elevations downstream
and through the project site. A HEC-RAS hydraulic analysis of the 2-, 10-, and 100-year peak flow
rates, beginning downstream in Basin BJB, and proceeding to a point upstream of the project site,
will be prepared to establish proposed condition flow patterns. TRWE will also prepare inundation
mapping of the 2-year, 10-year and 100-year floodplain through the same reach. TRWE will compile
the hydrologic and hydraulic analyses into a brief letter report, summarizing the findings, conclusions
and recommendations, informing the wetland/riparian mitigation opportunities assessment and
project design.
Assumption
• Assumes one round of review by the City.
Deliverables
• Draft and Final hydrologic and hydraulic study letter report and inundation mapping.
3.4 Cultural Resources Survey and Technical Reports
!CF will perform a review of records on-file at the South Coastal Information Center (SCIC), the
regional repository for cultural resources, housed at San Diego State University, and a
paleontological records search from the San Diego Natural history Museum. The records searches
will include the mitigation site plus a 0.50-mile buffer around the mitigation site. The records
searches will identify previously conducted studies and previously documented cultural resources in
the project vicinity. !CF will also contact the Native American Heritage Commission (NAHC) and
request a search of their Sacred Lands Files to identify any known cultural resources within a 0.5
mile radius of the mitigation site, as well as lists of local Native American representatives and
federally recognized tribes. ICF will prepare and send a due diligence letter under CEQA requesting
information on any cultural resources in the project area, and we also will conduct the requisite
follow-up phone calls with tribes and formally document the calls in a consultation log. !CF will
prepare a Section 106 tribal consultation letter for the Corps. Data from the records searches and
NAHC Sacred Lands File search will help to determine the archaeological and paleontological
sensitivity of the mitigation site.
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PSA19-751TRAN
Exhibit "A"
Two ICF archaeologists will conduct an intensive pedestrian survey of the project area. All portions
of this area likely to contain or exhibit archaeologically sensitive cultural resources will be inspected
carefully to ensure that visible archaeological resources are adequately recorded . Any historic or
prehistoric archaeological or built environment resources identified during field survey will be
addressed in a cultural resources technical report, and will be documented in California Department
of Parks and Recreation (DPR) 523A forms. ICF will prepare separate CEQA and Section 106
Cultural Resources Technical Reports that summarizes the results of the record search and
pedestrian survey, document any resources identified during the survey, include DPR forms of any
identified resources as an appendix, and provide technical recommendations as needed. The CEQA
Technical Study will also analyze the paleontological sensitivity of the project area and provide
recommendations as needed, and will include the due diligence correspondence with Native
American representatives . The Section 106 Cultural Resources Technical Study will include an Area
of Potential Affects map and all tribal consultation correspondence and the follow-up log, as provided
by the Corps, as an appendix. ICF will prepare a draft SHPO consultation letter for the Corps to
include an APE map and the Section 106 Cultural Resources Technical Study as attachments.
Assumptions
• No cultural resources will be identified in the project area as a result of the records search or
the NAHC Sacred Lands File search.
• No more than one isolated archaeological artifact will be identified during the pedestrian
survey. No intact built environment resources 45 years of age or older will be identified in the
project area.
• The City of Carlsbad does not require ICF's assistance with AB52 consultation.
• One draft and one final CEQA Cultural Resources Technical Study and one draft and one
final Section 106 Cultural Resources Technical Study.
Deliverables
• Draft and Final CEQA Cultural Resources Technical Study, Draft and Final Section 106
Cultural Resources Technical Study, and draft SHPO consultation letter.
3.5 Wetland/Riparian Mitigation Opportunities Assessment
Following completion of the wetland delineation, hydrologic and hydraulic study and inundation
mapping, and a cultural resources records search, the ICF Team will prepare the wetland/riparian
mitigation opportunities assessment memorandum for the mitigation site. The memorandum will
classify mitigation opportunities into five main categories as defined by the USACE 2008 Mitigation
Rule, including preservation, enhancement, rehabilitation, reestablishment, and establishment.
Specifically, !CF aquatic resource mitigation specialists, supported by TRWE and ICF ecologists,
hydrologists, geomorphologists, and engineers would identify opportunities to restore (rehabilitate
and reestablish), establish, and/or enhance the conditions of the jurisdictional aquatic resources
within the mitigation site. Our team will use common ecological principals to identify specific aquatic
resource mitigation opportunities on the mitigation site. Constraints (sensitive species or sensitive
species habitat, infrastructure, etc.) will also be considered when designing and identifying
opportunities at the site. The memorandum will be brief (less than 6 pages of text), and include any
figures, mitigation alternatives with areas of grading identified, and tables with acreages and types of
potential mitigation.
5
May 14, 2019 Item #3 Page 18 of 57
Assumption
PSA 19-751 TRAN
Exhibit "A"
• Assumes one round of review by the City and one round of review by the resource agencies.
Deliverables
• Draft and Final Wetland/Riparian Mitigation Opportunities Assessment Memorandum.
Project Element 4 -Preparation of Habitat Mitigation and Monitoring Plan (HMMP)
4.1 Habitat Mitigation and Monitoring Plan
Upon direction of the City, ICF will prepare a draft and final HMMP in accordance with the mitigation
requirements of the USAGE/EPA 2008 Final Mitigation Rule (33 CFR 332) and the USAGE 2015
Final Mitigation and Monitoring Guidelines for HMMPs. The HMMP will include the twelve mitigation
plan components required by the 2008 Final Mitigation Rule as well as information required and as
specified in the final APRM Approach Memorandum for the Record (Project Element 2). Required
information for an APRM HMMP is likely to include the following: project description, mitigation goals
and objectives, site baseline conditions, site selection criteria including discussion of watershed
approach, acreages by mitigation type (i.e., establishment, re-establishment, rehabilitation,
enhancement, or preservation), implementation, phasing and/or schedule, maintenance and
monitoring, plant palette, cost estimate, ecological performance standards, adaptive management
measures, proposed site protection mechanism, long-term management (including funding
mechanism), service area, and proposed credit release schedule.
As part of this project element, ICF will conduct a wetland condition assessment (i.e., CRAM),
special habitat wildlife assessments and vegetation mapping and botanical surveys, supplementing
the initial baseline data that was gathered under Project Element 3 and as required by the 2008
Mitigation Rule and USAGE 2015 Mitigation and Monitoring Guidelines.
Finally, based on our experience working on similar APRM approaches in San Diego County, ICF
understands the RWQCB and CDFW will approve the APRM site through their review, acceptance,
and approval of the HMMP. RWQCB and CDFW approval of the APRM site and HMMP will likely
trigger the need to provide CEQA compliance documentation. Additionally, implementation of the
mitigation project itself may trigger the need for regulatory permits (e.g., Nationwide Permit 27 from
the USAGE, Section 401 Water Quality Certification from the RWQCB, and Streambed Alteration
Agreement from CDFW) and associated consultations (e.g., cultural resources or endangered
species consultations) due to impacts to waters of the U.S. and CDFW jurisdictional resources
associated with wetland/riparian restoration activities and connection to existing jurisdictional
resources. Final agency approval of the APRM site HMMP will likely occur after or concurrently with
issuance of any required agency permits or the determination that none are required. The ICF Team
is well suited to and is prepared to provide as needed CEQA documentation and compliance,
regulatory permitting and consultation, cultural resources surveys, and focused biological resource
survey support to the City, if requested, to ensure agency approval of the APRM site HMMP are
received.
Assumptions
• Assumes two rounds of review and edits by the City.
• This task does not include the development of a standalone long-term management plan,
site protection mechanism, or long-term management cost analysis (e.g. PAR).
6
May 14, 2019 Item #3 Page 19 of 57
PSA19-751TRAN
Exhibit "A"
• No CEQA documentation and compliance or regulatory permitting and consultation will be
needed.
Deliverables
• Draft and Final HMMP.
4.2 California Rapid Assessment Method (CRAM)
ICF will conduct a baseline wetland condition assessment using the California Rapid Assessment
Method (CRAM) for the mitigation site. The CRAM assessment will establish baseline or pre-project
conditions regarding the overall quality of the aquatic resources within the mitigation site in terms of
the ecological functions and values and will be used to evaluate site development and performance
over time. The assessment will follow the methodology in the CRAM User's Manual Version 6.1
(California Wetlands Monitoring Workgroup [CWMW] 2013) and CRAM Riverine Wetlands Field
Book, Version 6.1 (CWMW 2013) and will be performed by professionally trained personnel
including CRAM trainers on staff at !CF.
Deliverable
• The results of the CRAM assessment will be incorporated into the baseline conditions
section of the HMMP (Project Element 4.1, above) and will be used to develop ecological
based performance standards by which the performance of the mitigation activities will be
evaluated.
4.3 Special-Status Wildlife Habitat Assessments
A preliminary review of the CNDDB indicates occurrences of coastal California gnatcatcher
(Polioptila californica californica) and least Bell 's vireo (Vireo be/Iii pusil/us) at or very near the site.
ICF will conduct wildlife habitat assessments of the entire parcel, documenting any sensitive wildlife
observed as well as any other wildlife species observed onsite or in the vicinity of the mitigation site.
The locations of any special-status species and/or their habitats identified in the project area will be
recorded using a GPS receiver, and, if appropriate, submitted to the CNDDB.
Deliverable
• The results of the special-status wildlife habitat assessment will be incorporated into the
baseline conditions section of the HMMP (Project Element 4.1, above).
4.4 Vegetation Mapping and Botanical Surveys
ICF botanists will map the vegetation in the entire parcel using the Vegetation Classification Manual
(VCM) (AECOM et. al. 2011 and 2015 Supplement). A figure depicting the vegetation mapping will
be prepared as well as a table showing the acreage of each vegetation type. ICF botanists will also
conduct floristic surveys in accordance with the approach outlined in the DFG's 2009 Protocols for
Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural
Communities. A preliminary review of CNDDB shows occurrences of thread-leaved brodiaea
(Brodiaea filifolia) and California adolphia (Adolphia californica) at or very near the site and an
additional nine sensitive plant species within one mile of the site. ICF will schedule floristic surveys
to coincide with the blooming period for special-status plant species known or with the potential to
occur in the study area. All plant species observed will be identified to the level necessary to
determine whether they qualify as special-status plants or are plant species with unusual or
significant range extensions. The locations of any special-status plants identified in the project area
will be recorded using a GPS receiver and submitted to the CNDDB.
7
May 14, 2019 Item #3 Page 20 of 57
Deliverable
PSA19-751TRAN
Exhibit "A"
• The results of the vegetation mapping and botanical surveys will be incorporated into the
baseline conditions section of the HMMP (Project Element 4.1, above).
Project Element 5 -Preparation of Construction Plans
5.1 Grading, Planting, and Irrigation Plans and Specifications
Once the HMMP is approved by the agencies, ICF and TRWE will prepare construction drawings,
specifications and a cost estimate for grading, wetland and riparian habitat restoration, planting and
irrigation of the project site. The plans and specifications will be prepared to comply with City of
Carlsbad grading requirements, to best achieve wetland and riparian habitat resto.ration for the
project site. Our team will utilize our extensive hydrologic and hydraulic skillsets and integrate flow
information into the mitigation design with the ultimate goal of maximizing wetland and riparian
functions with grading designs, tailored to maximize efficiency using the natural flows from Calavera
Creek.
We will prepare 20-scale or 30-scale drawings for the grading/mitigation design, with designs
complying with City of Carlsbad standards, and incorporating Standard Specifications for Public
Works Construction as needed, and also the City of Carlsbad's Supplemental Provisions. The plans
will include access and staging locations, environmentally sensitive areas, cut and fill locations,
earthwork quantities, cross sections and details, topsoil handling information, erosion control plans,
selective clearing of invasive plant species, the extent and type of planting and irrigation, and
construction detail sheets. Planting and irrigation schedules, details, arid specifications will
accompany plan documents. Written specifications will be prepared to accompany the construction
drawings in a SMART approved format.
Three rounds of design, 70%, 90%, and 100%, will be presented to the client, along with
specifications and cost estimates. The 100% design documents will be incorporated in the mitigation
development plan for the site. Final signed and stamped construction drawings and specifications
will be submitted to the client for use as bidding documents.
Assumptions
• Planting design will be a graphical depiction of planting areas. Individual plants will not be
represented.
• Irrigation type will be on grade PVC with drip emitters. Only mainline layout will be depicted
on plans. Laterals and emitters will be laid out in the field by the contractor.
• Construction documents will be prepared using AutoCAD software and graphical standards.
Deliverables
• 70%, 90%, and 100% construction documents for selective clearing of invasive plant
species, planting, and irrigation for the site.
• Specifications and cost estimates for 70%, 90% and 100% design phases.
• For the 70%, 90%, and 100% construction documents, PDF copies (stamped by an ICF
International California-licensed landscape architect and licensed civil engineer, as
appropriate) and AutoCAD files will be furnished to the City. Mylar, PDF and AutoCAD will be
provided once the final 100% plan has been approved.
5.2. Stormwater Pollution Prevention Plan
8
May 14, 2019 Item #3 Page 21 of 57
PSA 19-751 TRAN
Exhibit "A"
The ICF team includes Qualified SWPPP Developers (QSD) and Practitioners (QSP) to support
Construction General Permit SWPPP preparation, oversight, inspections, and permit maintenance.
Not only do we have the qualified staff, but we are particularly versed in the unique conditions of
construction stormwater management for ecological restoration projects. The Construction General
Permit has specific intent and applicability, the standard SWPPP documents and guidelines have
been developed for commercial development and can often be in conflict with ecological restoration
goals and practice. Our project restoration designers and ecologists are the erosion control
specialists, understanding the nuances of the Construction General Permit coverage and the project
restoration goals to develop sensible and appropriate approaches, oversight, and documentation
that meet both. This is important to not only meet the permit requirements and the restoration goals,
but to do it in a way that is budget friendly.
Our QSD will prepare a project-specific Tier 3 construction SWPPP. The SWPPP will be based on
regulatory requirements to meet the overall State Water Resources Control Board (SWRCB)
Construction General Permit (CGP) requirements (Adopted Order 2009-0009-DWQ [as amended by
2010-0014-DWQ and 2012-0006-DWQ]) and the City's Engineering Standards SWPPP Manual
Construction BMPs. The SWPPP will be designed to control construction site pollutants and its
sources. At a minimum, the SWPPP will include the following elements, including: Permit
Registration Documents; Project Information, including findings of the Construction Site Sediment
and Receiving Water Risk Determination and identification of the potential Construction Site
Pollutant Sources; Risk Level Determination; erosion and sediment control BMPs; BMP Inspection
and Maintenance Requirements; Training; Responsible Prties and Operators; and Construction Site
Monitoring Program.
This scope of services includes submittal of the Draft SWPPP to the City (as legally responsible
party). Upon review by the City, the !CF team will revise the Draft SWPPP and provide a Final
SWPPP. This scope also includes time to assist in the filing of Permit Registration Documents with
the SWRCB through the Storm Water Multiple Applications and Report Tracking System (SMARTs)
website. To obtain coverage under the CGP, Legally Responsible Person's (LRPs) are required to
electronically file the Permit Registration Documents (PRDs), which includes: Notice of Intent, Risk
Assessment, Site Map, SWPPP, Annual Fee, and Certification. The PRDs must be submitted
through the State Water Board's SMARTS website. Upon receipt of a complete PRO submittal, the
State Water Board will process the application package in the order received and assign a Waste
Discharge Identification Number (WDID) number.
This scope does not include QSP services during project construction for permit implementation. It is
anticipated the construction contractor would utilize their own QSP for SWPPP implementation
during project construction. Should changes to the SWPPP be required during construction, a
budget amendment may be required.
Deliverables
• Preparation of the Draft and Final SWPPPs to the LRP.
• Participation in the process of securing coverage (WDID #) under the Construction General
Permit.
9
May 14, 2019 Item #3 Page 22 of 57
Project Element 6 -CEQA
PSA19-751TRAN
Exhibit "A"
ICF will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) for CEQA compliance. The
IS/MND will meet all the requirements of the CEQA Guidelines. Should the initial study indicate that
a significant and unavoidable impact may occur, ICF can submit a separate cost and scope to
prepare an EIR.
6.1 Project Description
ICF will prepare the Project Description based on input from the project team, data needs and
responses, and review of the project plans and supplemental reports. A clear and accurate Project
Description is essential to the CEQA analysis. The Project Description will incorporate the following
topics:
o Project Site Location
o Project Characteristics
o Project Construction and Phasing
o Project Approvals Required
Assumptions
• One round of comments will be received prior to preparation of the final Project Description
• This task also includes budget for reviewing project materials and preparing a data needs list
to close any information gaps.
Deliverables
• Data needs memo
• Electronic copies of the project description
6.2 Draft Initial Study/Mitigated Negative Declaration (ISIMND)
Upon completion of the Project Description and receipt of project data needs, ICF will prepare the
first administrative draft of the IS/MND. The Administrative Draft IS/MND will discuss all
environmental resources identified in the CEQA Guidelines Environmental Checklist (Appendix G)
and will include the results of the impact analyses conducted in tasks 3.4 (Cultural Resources) and
here in 6.2. The Administrative Draft IS/MND will also include construction-based air quality and
noise technical studies, as discussed below. ICF has budgeted up to four rounds of City review of
the administrative draft IS/MND.
ICF will complete the Draft IS/MND based on the City's comments and submit a screencheck Draft
IS/MND for City approval. This review is for fatal flaws only and is not intended as a comprehensive
review as conducted for the Administrative Draft IS/MND. Once approval from the City is received ,
ICF will provide the City with a web-ready PDF version of the Public Draft IS/MND for uploading onto
the City's website and up to 10 hard copies (color), including Appendices (black & white).
Assumptions
• This task provides for up to four rounds of City review of the Administrative Draft IS/MND.
• This task provides one fatal flaw review of the Public Draft Print-Ready Version of the Draft
IS/MND.
• No scoping period (including no scoping meeting) will be needed .
•
10
May 14, 2019 Item #3 Page 23 of 57
Deliverables
PSA19-751TRAN
Exhibit "A"
• Electronic copies of administrative draft and revised Draft Initial Study/MND
• Up to four hard copies (one for each City review of the administrative Draft IS/MND)
• Up to ten (10) hard copies of the Public Draft IS/MND
• Electronic copies of the Public Draft IS/MND in MS Word/Adobe PDF, including a web-ready
version
Biological Resou rces Impact Analysis -Based on a finalized wetland delineation field survey
report, Special-Status Wildlife Habitat Assessments reports, and the Vegetation Mapping and
Botanical Surveys reports, ICF will prepare the Biological Resources section of the CEQA document.
All of the required documentation for the Biological Resources section will be included, per the
Biological Resources CEQA Checklist. The finalized wetland delineation field survey report, Special-
Status Wildlife Habitat Assessments reports, and the Vegetation Mapping and Botanical Surveys
reports will be included as an attachment to the document. Both a quantitative and qualitative impact
assessment will be provided for all of the CEQA checklist questions in the document. Impact
acreages will be provided for all vegetation communities, including sensitive natural communities.
Costs include approximately 8-12 hours to develop a temporary and permanent impact layer in GIS
(i.e., as a polygon file) from the engineering data. Only one round of developing the impact layer is
included in the cost estimate. If multiple rounds of generating an impact layer is needed, an
additional 8-16 hours could potentially be required to update the GIS data, ensure all impact
acreages are correct, and to review the impact analysis for all species.
Assumptions
• Two rounds of review for the City of Carlsbad is included.
• Two rounds of review for USFWS/CDFW (each followed by a review by the City) is included,
with an emphasis primarily on finalizing the mitigation measures for the project.
• Costs include the submittal of all associated protocol survey result documents, as well as
submission of GIS data, per the requirements of the CEQA Checklist.
• Note, this is not a separate technical report, but does contain the necessary impact analysis
information that will be incorporated directly into the IS/MND.
Noise Analysis -ICF will identify relevant noise and vibration regulations (City, State, and federal)
and planning standards by which to assess potential project impacts. Existing land uses and noise-
sensitive receptors in the project area will be identified along with existing sources of noise. Existing
noise conditions in the project area will be quantified based on short-term (15 -30 minutes) noise
measurements conducted at up to four (4) locations in the project vicinity.
Construction noise and vibration will be analyzed using methodologies provided by agencies such as
the Federal Transit Administration (FTA), the Federal Highway Administration (FHWA), and the
California Department of Transportation (Caltrans). Similar methodologies will be used to analyze
near-term and/or long-term maintenance activities (if any). If potentially significant noise and/or
vibration impacts are identified, measures to reduce impacts to a less-than-significant level will be
recommended.
ICF will prepare the Noise section of the IS/MND, in accordance with CEQA requirements, that
summarizes the noise and vibration analyses and findings, including any relevant project design
features and required mitigation measures. Additional technical documentation will be included, as
necessary, in an appendix to the IS/MND.
11
May 14, 2019 Item #3 Page 24 of 57
Assumptions
• A standalone noise technical study will not be prepared.
PSA19-751TRAN
Exhibit "A"
Air Quality Analysis -ICF will analyze the potential air quality and greenhouse gas (GHG) impacts
of the project. Implementation of restoration-related activities would involve the use of construction
equipment and vehicles. Construction emissions from restoration activities will be quantified using an
approved modeling methodology, such as CalEEMod or other adopted models. ICF will estimate
emissions from operations and maintenance (O&M) activities (e.g., vehicle trips, equipment use)
based on information provided to air quality staff. The air quality and GHG team will work with the
restoration team to identify the potential for restoration opportunities to effect existing sequestration
and plant decomposition emission rates (i.e., GHG flux). GHG emission benefits associated with
increased sequestration will be quantified to the extent feasible and discussed within the overall
GHG and climate change narrative.
Emissions associated with air quality will be summed at the daily time scale and evaluated against
relevant thresholds from San Diego Air Pollution Control District (SDAPCD), which are the Air
Quality Impact Analysis Trigger Levels from Rule 20.2. While the City has not formally adopted these
thresholds, these thresholds were used in the City's General Plan and have since been used in
recent CEQA projects where the City was the lead agency. GHG emissions will be quantified and
summed at the annual time scale, and impacts will be based on the net change in emissions relative
to existing conditions. The analysis will discuss consistency of the project with the City's Climate
Action Plan (CAP), and any relevant measures from the CAP will be incorporated or referenced, as
needed. The analysis associated with pollutant concentrations -specially related to carbon
monoxide and toxic air contaminants -will be discussed qualitatively.
The air quality and GHG analysis will analyzes the potential impacts of the project consistent with all
applicable procedures and requirements of the California Air Resources Board (CARS), the City of
Carlsbad, and currently-accepted best practices. This scope of work assumes all construction
assumptions (e.g., schedule, phasing, equipment) will be provided by the City of Carlsbad. The
analysis will be contained within the IS/MND itself, and technical support information (technical
emission calculation details and emissions calculations) will be provided as an appendix to the
IS/MND.
6.3 Responses to Comments, Final MND, and MMRP
ICF will compile all comments received during public review by the City. ICF will then bracket and
respond to all comments that relate to the environmental analysis or to alternatives to the project.
ICF will then submit all draft responses to the City for review. This submittal may be in a tabular
format to help streamline the City's review.
After the City reviews, ICF will revise (as appropriate) and include with the Administrative Final MND.
The Administrative Final MND will include any revisions to the Draft MND as a result of the
comments received during public review. ICF will also complete a draft Mitigation Monitoring and
Reporting Program (MMRP) for the City's review. Revisions for up to three reviews of the
administrative Final MND and MMRP are budgeted. None of the revisions will require new or
expanded analysis.
Once the City is satisfied with the administrative Draft IS/MND, ICF will then prepare the Final MND
and MMRP for the City Council (or other decision-maker, as appropriate). Prior to publication, ICF
will provide the Final MND and MMRP for a fatal flaw review by the City, which is intended only as a
brief review to ensure no issues exist that would prevent publication. Once approved, ICF will
12
May 14, 2019 Item #3 Page 25 of 57
PSA19-751TRAN
Exhibit "A"
provide 10 hard copies and a web-ready electronic version to the City. ICF will also provide the City
with a web-ready PDF of the Final MND for uploading onto the City's website.
Assumptions
• ICF assumes up to three comprehensive reviews by the City for the Administrative Final
MND and the MMRP.
• ICF assumes one fatal flaw review of the publication-ready Final IS/MND and MMRP.
Deliverables
• Up to ten (10) hard copies of the Final MND for City Council (or other appropriate decision-
maker) use and for City staff
• Electronic copies of the Administrative Final MND, Final MND, and MMRP in MS
Word/Adobe PDF, including a web-ready version of the Final MND
Project Element 7 -Mitigation Construction Field Implementation
The ICF Team will provide oversight of the mitigation construction field implementation to ensure the
constructiOn and implementation of the mitigation project is carried out per the Agency-approved
HMMP and any associated permits and approvals. Mitigation site grading will be timed to occur
outside the bird nesting season and will be completed prior to the start of the rainy season (October
1 ). If activities need to be conducted within this window, ICF will coordinate with the City and upon
their concurrence, the appropriate regulatory agencies will be coordinated with to develop and
implement the appropriate minimization measures to ensure the project avoids nesting bird impacts.
ICF restoration ecologists will be onsite weekly during implementation of the mitigation project and
during key activities. These key activities include: project kick-off, any grading activities, container
plant delivery, container plant layout, seeding, and at the completion of implementation activities to
provide concurrence that installation is complete. ICF restoration ecologists will also attend any
necessary progress meetings. Additionally, an ICF restoration ecologist will conduct a quality
assurance site visit, before delivery, to the nursery growing the container plants to confirm quantities,
species, and health. A memorandum will be prepared documenting the completion of installation and
the start of the 120-Day Plant Establishment Period (PEP). While not explicitly required in the RFP , a
120-Day PEP is a standard industry practice to ensure the health and success of the installation
before the 5-year maintenance and monitoring period begins. ICF restoration ecologists will visit the
site monthly during the 120-Day PEP and provide a "punch list" to the contractor of any activities
needed, including replacement of any dead or diseased plants, repair of erosion, removal of trash,
etc. and, at the end of the 120-Day PEP, prepare a memorandum documenting completion. ICF will
also work with the construction contractor to create project as-builts that meet City needs and
requirements and address any Request for Information (RFI) requests from the City. At the
completion of the 120-Day PEP , the site will enter the 5-year maintenance and monitoring period.
Deliverables
• Installation Completion Memorandum.
• 120-Day PEP Completion Memorandum
• As-built construction drawings.
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May 14, 2019 Item #3 Page 26 of 57
PSA19-751TRAN
Exhibit "A"
Project Element 8 -Post-Implementation Year One Maintenance, Monitoring, and
Reporting
ICF will provide oversight of maintenance of the mitigation site and conduct monitoring (i.e.,
quantitative and qualitative) per the approved HMMP during the first year of the 5-year maintenance
and monitoring period. Monitoring will include both qualitative and quantitative methods. Qualitative
monitoring visits will be conducted in accordance with the agency-approved HMMP but are expected
to be monthly for the first 6 months and quarterly for the remainder of the project. Qualitative
monitoring will likely to consist of documenting overall site conditions, including general condition of
plants (e.g., plant health/vigor and mortality), seed germination rates, native plant recruitment,
presence and type of terrestrial fauna using the site, etc. The goal of qualitative monitoring if to
proactively assess site conditions to address issues before they become a problem. A memorandum
will be prepared after each qualitative monitoring visit to document general site conditions and any
recommended remedial measures. Quantitative monitoring will also be conducted in accordance
with the agency-approved HMMP but is expected to be annual and include photo documentation,
vegetation transects , hydrology monitoring, and CRAM. Monitoring will be used to determine the
success of the mitigation project compared to Year 1 project performance standards provided in the
agency-approved HMMP. An annual monitoring report will be prepared that includes a description of
methods, results, comparison to project performance standards, any maintenance activities
conducted over the year, and provide recommendations for the following year. The qualitative
monitoring memoranda will be included as an appendix to the annual report. Upon City approval of
the final Year 1 annual maintenance and monitoring report, ICF will submit it to the applicable
resource agencies.
Assumption
• Assumes one round of review and edits by the City.
Deliverables
• Qualitative Monitoring Visit Memoranda (approximately 8).
• Draft and final Year 1 Annual Monitoring Report.
Schedule
Table 1 provides a rough schedule of completion for the project elements identified in the Scope of
Services above.
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May 14, 2019 Item #3 Page 27 of 57
PSA19-751TRAN
Exhibit "A"
1. SUMMARY OF BILLABLE HOURS AND EXPENSES BY TASK
Table 2 below provides an estimated listing of labor hours broken-down and totaled for each project
element (and sub-element) identified in the scope of seNices.
Table 2. Estimated Total Staff Hours per Project Elements and Sub-Element
Project Element Total Staff Hours
1.0 Project Management 206
2.0 Developn:!ent of APRM Program 146
3.1 ½'etla~ Delineatio~ Field Survey 44
3.2 Cost/Benefit Analysis 22
3.3 Hydrology and Hydraulic Study and Inundation Mapping 277
3.4 Cultural Resources Survey 122
. 3.5 Wetland/Riparian ~itig_ation _l½sessment Memorandu_m 80
4.1 Habitat Mitigation and Monitoring Plan 125
4.2 California Rapid Assessment Method 32
4.3 Special Status Wildlife Habitat_hssessment 40
4.4 Vegetation Mapping and Botanical Surveys 36
5.1 ~rading, Pl~_r::iting, and lrr!gation Pl~n.s and Specific::ations_ _ 420
5.2 Stormwater Pollution Prevention Plan 62
~-1 __gEOA _Project Description 30
6.2 CEQA Draft IS/MND 419
6.3 CEO~ Respon~e to comments, Final MND and MMRP 102
7.0 Mitigation Construction Field Implementation 1 230
8.0 Post Implementation Year 1 Maintenance, Monitoring & Reporting 175
TOTAL 2,317
16
May 14, 2019 Item #3 Page 29 of 57
Spears-Cervantes Bukojemsk
Employee Name Teunis L Van Sant R Lebrun L L Layden R Guerrero M yA WittersR SteinB BrullatJ CaseyC
PM/Mitigati Restoration QA/QC for Landscape Landscape Restoration
Project Role PD on Lead lead JO Lead JO Support APRM Architect Architect GIS Ecologist Biologist
Mng Sr Consult Sr Consult Assoc Mng Sr Tech Asst Sr Consult Assoc Assoc
Pro·ect Element Labor Classification Pro· Dir Consult II I Consult I Consult Analyst Consult II Consult I Consult I
E.~?iect Element 1 -Project Manac:iement 24 BO 31
E.~~iect Element 2 -Develooment of APRM Pro ram 10 90 16 16
E.~oject Element 3 -Assessment of Miti~ption Site
3.1 Jurisdictional Delineation Field Survev 14 24
3.2 Cost/Benefit Anal sis 10 10
3.3 Hvdrologx and Hldraulic Studl and Inundation MaP.P..iD.a 10 15 15 10
3.4 Cultural Resources Survev and Technical Reoorts
3.5 Wetland/Riparian Mitic:iation Assessment Memorandum 13 13 40
E.~oject Element 4 -Preparation of Habitat Miti9ation and Monitorins Plan /HMMPl •-,_ ·-
4.1 HMMP 16 15 56
4.2 California Rapid Assessment Method {CRAMJ 10 2 20
4.3 Soecial Status Wildlife Habitat Assessments 20 l 20 !
4.4 Veqetation_ Mappin_s and Botanical Survevs 4 i
E.~~·ect Element 5 -Preoaration of Construction Plans .-i
5.1 Gradino,_ Plantin_9.,_and _lrri_aation Plans and Specifications 10 i 14 i 40 i
5.2 Stormwater Pollution Prevention Plan 20
E.~~·ect Element 6-CEQA
6.1 Proiect Description
6.2 Draft IS/MN□ 40 30
6.3 Response to comments, Final MN□ and MMRP
E.~?iect Element 7 -Mitiaation Construction Field lmolementatlon 36 10 20 68 76
Pro·ect Element 8-Post Im lementation Maintenance, Monitorino, and Re ortino 2 I 26 ! 24 ! 5! 24 ! 74 l
Total hours 53 218 191 14 84 50 14 40 114 92 306
Rate $205 $170 $150 $135 $100 $170 $175 $85 $150 $100 $100
Subtotals $10,865 $37,060 $28,650 $1,890 $8,400 $8,500 $2,450 $3,400 $17,100 $9,200 $30,600
Direct Expenses
523.02 Reproductions
523.04 Postage and Delivery
523.05 Travel, Auto, incld. Mileage at current IRS rate (.580/mile)
523.06 GIS/CAD/MAC
523.07 SCIC Records Search
Mark up on all non•labor costs and subcontractors: 10%
Direct exoense subtotal
Subtotal orice
3% Labor Escalation per vear Assumptions: 30% hours in vear 2019, 30% in year 2020, 30% in year 2021 and 10% in vear 2022.
Total orice
DateprintedJ/28/2019 7:20AM
Table 1. Cost Estimate for City of Carlsbad APRM
Consuftina Staff
Droessler Richmond Halterman
Johnston S Salas N CoxN Chmiel K R Crawford K C Bi1se M Seklecki E McFallsM s
Archeologi Archeologi Archaeolog Archaeolog CEQA QAJQC for
Biologist Biologist ,t st ist y Lead/PD Lead/PD CEQAPM Analyst AQ AQ
Sr Consult Assoc Sr Consult Assoc Sr Consult Assoc Sr Consult Assoc
II Tech Trnee Consult] I Consult Ill Proi Dir Proi Dir Ill Consult II Ill Consult II
6\ 20 10
·•·
40 62 12
12 ! 20 !
12
20 10 36 55 20 70
10 28 30 2
32 20 40 62 12 28 90 107 23 71
$150 $75 $100 $135 $120 $205 $205 $160 $110 $160 $110
$4,800 $1,500 $4,000 $8,370 $960 $2,460 $5,740 $14,400 $11,770 $3,680 $7,810
Approved by Finance [ sh }
Subcontractor -TRWE
Rzeszutko
J
QNQCfor other Senior Assoc.
Noise Noise charges Principal PM Senior Eng. Eng.
(Topograp
Sr Consult Assoc hie
Ill Conultl Subtotal Mappinc:i)
$_?_?_,700 $0 2\ 4j 24
$23,670 $0
$0 $0 -,
$5,190 $0
$3,610 $0
$8,350 $0 20 202
$15,790 $0
$9,470 $0
$_9 __ $0
$11,885 $0 20
$3,800 $0
$4,000 $0 !
$3,900 $0 !
$0 $0 i
$7,350_ ____ $20,000 ! 40 182 140
$2,000 $0 1 2 36
$0 $0 j
$4,120 ~9J
40 48 $49,000 $0 l
2 $_J,9,,770 $□ l
$24,500 $0 j 20
$19 280 $0 ! 12
43 49 87 210 422
$160 $100 $0 $250 $220 $180 $150
$6,880 $4,900 $235,385 $20,000 $21,750 $440 $37,800 $63,300
Clerical
Subtotal
$5,850
$1 500
~~e175o
$3,750
$84,120
$6,620
$3,600
$3,000
10
$90
$900 $144,190
PSA 19-751TRAN
Exhibit "A"
Production Staff
Ken Cherry
Editor Subtotal Labor Total
$0 $34,550
$0 __ .... , ,$25l170_
$0 $0
$0 $5,190
$0 $3,610
$0 $44,100
$0 $15,790
$690 $10,160_
$0 $0
$690 $16,325
$0 $3,800
$0 $4,000
$0 $3,900
$0 $0
$0 $91,470
$0 $8,620
$0 $0
$0 $4,120
40 $4,600 $53,600
28 $3,220 $13,990
$0 $28,100
6 $690 $22,970
86
$115
$9,890 $9,890 $389,465
Direct
Expenses
$1,500
$1,500
$200
$200
$500
$500
$1,000
$14,959
$20,359
Carlsbad _MitPlanning_ Cost_Rev _ 0326 l 9(client)
Total Price
$409,824
$8,963
$418,787
May 14, 2019 Item #3 Page 30 of 57