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HomeMy WebLinkAboutMichael Baker International Inc; 2015-10-22;AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR THE COMPLETION OF A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM AND ZONING ORDINANCE UPDATE (ZCA 15-04/LCPA 15-07) MICHAEL BAKER INTERNATIONAL A.} This Amendment No. 3 is entered into and effective as of the (o~ day of ()\)~ , 2019, extending the agreement dated October 22, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, a California corporation, ("Contractor") (collectively, the "Parties") for professional consulting services. RECITALS A. On October 22, 2015, the Parties executed the Agreement to provide professional consulting services in order to complete a sea level rise analysis, local coastal program and zoning ordinance updates; and B. On October 4, 2017, the Parties executed amendment 1 extending the agreement through October 21, 2018; and C. On October 9, 2018, the Parties executed amendment 2 extending the agreement through October 21, 2019; and D. The Parties desire to extend the Agreement for a period of 2 (two) years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of 2 (two) years ending on October 21, 2021. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. MICHAEL BAKER INTERNATIONAL, a California corporation • (print name/title) Cl CARLSBAD, a municipal c por ion of the State of California By: €it~ Meu,eger or-Meyer er Di~esieF- C ~ t1~~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group B 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: CELIAA. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 ~ I DATE(MM/DD/YYYY) AC:C>RC>• CERTIFICATE OF LIABILITY INSURANCE ~ 09/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pol icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Central, Inc. PHONE (866) 283-7122 I r~t No.): (800) 363-0105 Pittsburgh PA Office (A/C. No. Ext): EQT Plaza~ suite 2700 E·MAIL 625 Liberty Avenue ADDRESS: Pittsburgh PA 15222-3110 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: XL Insurance America Inc 24554 Michael Baker International, Inc INSURER B: Continental casualty Company 20443 5 Hutton Centre Drive American Casualty Co. of Reading PA 20427 suite 500 INSURER C: Santa Ana CA 92707 USA INSURER D: Transportation Insurance co. 20494 INSURER E: Lloyd's syndicate No. 2623 AA1128623 INSURER F: COVERAGES CERTIFICATE NUMBER: 570078443287 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DDIYYYY) B X COMMERCIAL GENERAL LIABILITY 6078988730 08/30/2019 08/30/LULU EACH OCCURRENCE $2,000,000 -~ CLAIMS-MADE 0occuR General Liability LJAMAGt TU n:1::.1,. c:u $100,000 PREMISES (Ea occurrence) MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000,000 0.PRO-0LOC $4,000,000 ~ POLICY JECT PRODUCTS -COMP/OP AGG OTHER B AUTOMOBILE LIABILITY BUA 6078988680 08/30/2019 08/30/2020 COMBINED SINGLE LIMIT $2,000,000 Commercial (Ea accident) Auto -AOS -X ANY AUTO BODILY INJURY ( Per person) -OWNED AUTOS -SCHEDULED BODILY INJURY (Per accident) ONLY AUTOS --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS ONLY (Per accident) -ONLY t-- A X UMBRELLA LIAB H OCCUR US00079952LI19A 08/30/2019 08/30/2020 EACH OCCURRENCE $10,000,000 t--umbrella AGGREGATE $10,000,000 EXCESS LIAB CLAIMS-MADE OED I X !RETENTION $10,000 C WORKERS COMPENSATION ANO WC6078988713 08/30/2019 08/30/2020 XI ~1%urE I l~~H-EMPLOYERS' LIABILITY AOS Ar-N PROPRIETOR/ PARTNER/ EXECUTIVE ~ WC6078988727 08/30/2019 08/30/2020 E L EACH ACCIDENT $1,000,000 D OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) WI E L DISEASE-EA EMPLOYEE $1,000,000 g~;sc~~ft~ 01bPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 E E&o-PL-Primary PSDEF1900460 08/30/2019 08/30/2020 Per claim $5,000,000 Professional Liab. and CP Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Operations. City of Carlsbad is included as Additional Insured in accordance with the policy prov1s1ons of the General Liability policy. General Liability policy evidenced herein is Primary and Non-contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability and workers Compensation policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Carlsbad 1635 Faraday Ave. Carlsbad CA 92008 USA ACORD 25 (2016/03) DATE THEREOF, NOTICE Will BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~~g.,.,__, ~~ ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 0 z .!l .. CJ -= :e ., u AGENCY CUSTOMER ID: 570000027699 LOC#: ADDITIONAL REMARKS SCHEDULE Page -of - AGENCY NAMED INSURED Aon Risk services central, Inc. Michael Baker International, Inc POLICY NUMBER SPP CPrt"ificilt"P NumhPr: 570078443287 CARRIER I NAIC CODE see certificate Number: 570078443287 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD25 FORM TITLE: Certificate of Liability Insurance INSURER($) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER I ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUHR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION LIMITS LTR INSD WVD (MM/DD/YYYY) DATE WORKERS COMPENSATION ,,..,. ... , ,, C N/A WC6078988694 08/30/2019 08/30/2020 CA ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ~NA CNA PARAMOUNT Additional Insured -Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This endorsement modifies insurance provid~d under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s). shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 (04-13) Page 1 of 1 CONTINENTAL CASUAL TY COMPANY Policy No: 6078988730 Endorsement No: 1 Effective Date: 08/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright Insurance Services Office, Inc., 2012 ~NA CNA PARAMOUNT Primary and Noncontributory -Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74987XX (1-15) Page 1 of 1 Continental Casualty Company Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Policy No: 6078988730 Endorsement No: Effective Date: 8/30/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Additional Insured -Owners, Lessees or Contractors - Completed Operations Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Location And Descriotion Of Comoleted Ooerations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 (04-13) Page 1 of 1 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Policy No: 6078988730 Endorsement No: 1 Effective Date: 08/30/2019 Copyright Insurance Services Office, Inc., 2012 ~NA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named lnsured's ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (10-16) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Policy No: 6078988730 Endorsement No: Effective Date: 08/30/2019 Copyright CNAAII Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA I BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. Workers Compensation Blanket Waiver of Our Right to Recover From Others It is agreed that Part One -Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE -Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Endorsement Effective Date: 08/30/2019 Endorsement No: Page: I of I Endorsement Expiration Date: 08/30/2020 Underwriting Company: American Casualty Company of Reading, PA © Copyright CNA All Rights Reserved. Policy No: WC 6078988713 Policy Effective Date: 08/30/2019 Policy Page: CNA I BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. Workers Compensation Blanket Waiver of Our Right to Recover From Others It is agreed that Part One -Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE -Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-1916O-B (11-1997) Endorsement Effective Date: 08/30/2019 Endorsement No: Page: 1 of 1 Endorsement Expiration Date: 08/30/2020 Underwriting Company: American Casualty Company of Reading, PA © Copyright CNA All Rights Reserved. Policy No: WC 6078988694 Policy Effective Date: 08/30/2019 Policy Page: AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR THE COMPLETION OF A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM AND ZONING ORDINANCE UPDATE (ZCA 15-04/LCPA 15-07) MICHAEL BAKER INTERNATIONAL f} c.b)'t:'endment No. 2 is entered into and effective as of the 0th day of " a.I' , 2018, extending the agreement dated October 22, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, a California corporation, ("Contractor") (collectively, the "Parties") for professional consulting services. RECITALS A. On October 22, 2015, the Parties executed the Agreement to provide professional consulting services in order to complete a sea level rise analysis, local coastal program and zoning ordinance updates; and B. On October 4, 2017, the Parties executed amendment 1 extending the agreement through October 21, 2018; and C. The Parties desire to extend the Agreement for a period of 1 (one) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of 1 (one) year ending on October 21, 2019. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill /II Ill /II City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. MICHAEL BAKER INTERNATIONAL, a California corporation (sign here) (/, 'Ct /4s,,un7"- (print name/title) By:~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: City or or Director ATTEST: c 1)Jyy)cJ-A.!lrilc 1'tla1 ) k/~ARBARA ENGLESON lf ~,ty Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney City Attorney Approved Version 1 /30/13 2 ---. I DATE(MMIDD/YYYY) AC::C>RD• CERTIFICATE OF LIABILITY INSURANCE ~ 08/24/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Central, Inc. P_HONE (866) 283-7122 j rffc. No.l: (800) 363-0105 Pittsburgh PA office (A/C. No. Ext): EQT Plaza -suite 2700 E-MAIL 625 Liberty Avenue ADDRESS: Pittsburgh PA 15222-3110 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Liberty Mutual Fire Ins Co 23035 Michael Baker International, Inc INSURERB: Liberty Insurance Corporation 42404 5 Hutton centre Drive suite 500 INSURERC: Lloyd's syndicate No. 2623 AA1128623 Santa Ana CA 92707 USA INSURERD: XL Insurance America Inc 24554 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570072755456 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested ''i.'i'R TYPE OF INSURANCE wi& i~c POLICY NUMBER ,MMJ5'6Jm,y, IMM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY TB2b81004145 /18 08/jU/ LUU 08/30/ £Lil9 EACH OCCURRENCE $2,000,000 -:=J CLAIMS-MADE 0occuR General Liability Lll"'I.Ml"\,_,,i;;; IV "i;;;'" CU $300,000 PREMISES (Ea occurrence\ MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ~ 0PRO-0Loc $4,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: A AUTOMOBILE LIABILITY AS2-681-004145-728 08/30/2018 08/30/2019 COMBINED SINGLE LIMIT $2,000,000 Commercial Auto -AOS fEa accident' -X ANY AUTO BODILY INJURY ( Per person) -OWNED -SCHEDULED BODILY INJURY (Per accident) -AUTOS ONLY AUTOS -NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) -ONLY -AUTOS ONLY D X UMBRELLA UAB ~ OCCUR US00079952LI18A 08/30/2018 08/30/2019 EACH OCCURRENCE $10,000,000 -umbrella AGGREGATE $10,000,000 EXCESS LIAB CLAIMS-MADE OED I X !RETENTION SlO, 000 B WORKERS COMPENSATION AND WA768D004145778 08/30/2018 08/30/2019 XI PER I li?JH-EMPLOYERS' LIABILITY workers comp -AOS STATUTE Y/N ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 ~~;~~Fti~~ ~nliPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 C E&o-PL-Primary PSDEF1800460 08/31/2018 08/30/2019 Per claim $5,000,000 Professional Liab. and CP Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Add~ional Remarks Schedule, may be attached if more space is required) RE: All Operations. city of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non-contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A waiver of subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave. Carlsbad CA 92008 USA ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IO .. a, ~ ;; C a, :5! .. a, "Cl 0 J: <D "' ~ "' ,.._ N ,.._ 0 0 ,.._ "' 0 z ! u ~ ~ a, 0 POLICYNUMBER: TB2-681-004145-718 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. Location(s) Of Covered Operations All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICYNUMBER: TB2-681-004145-718 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury'' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If cm,erage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB2-681-004145-718 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT -SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILllYCOVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABIUTYCOVERAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary, excess. contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV -Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV -Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or"suit". Schedule Person or Organization: All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense. to provide additional insured status. LC 24 20 0213 © 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office. Inc .. with its permission. POLICY NUMBER: TB2-681-004145-718 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR THE COMPLETION OF A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM AND ZONING ORDINANCE UPDATE (ZCA 15-04/LCPA 15-07) MICHAEL BAKER INTERNATIONAL B Th~ Amendment No.1 is entered into and effective as of the '{th day of c.:t:r~QJ\ . , 2012_, extending the agreement dated October 22, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, a California corporation, ("Contractor") (collectively, the "Parties") for professional consulting services. RECITALS A. On October 22, 2015, the Parties executed the Agreement to provide professional consulting services in order to complete a sea level rise analysis, local coastal program and zoning ordinance updates; and B. The Parties desire to extend the Agreement for a period of 1 (one) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of 1 (one) year ending on October 22, 2018. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. MICHAEL BAKER INTERNATIONAL, a California corporation ~ \)(print n)vne/title} c::::::.,t. l ~ t' /\ES) 0 &tfT ..-4ss ~-5~ er~ .I-A,"" '7 By:~ , (sign here) {_print name/title) Vic<:-( /t e-s, DC A-Jr CITY OF CARLSBAD, a municipal corporation of the State of California By: Ci ATTEST: \~{!-1()sZ!i_1~4ei BARBARA ENGLESON { City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the cfficer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney City Attorney Approved Version 1 /30/13 2 ~ I DATE(MM/DD/YYYY) ACC>Re>® CERTIFICATE OF LIABILITY INSURANCE ~ 09/05/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. a'.l IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Central, Inc. PHONE (866) 283-7122 I W~. No.I: (800) 363-0105 Pittsburgh PA office (AIC. No. Ext): Dominion Tower, 10th Floor E-MAIL 625 Liberty Avenue ADDRESS: Pittsburgh PA 15222-3110 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: XL Insurance America Inc 24554 Michael Baker International, Inc INSURER B: Liberty Mutual Fire Ins Co 23035 5 Hutton centre Drive suite 500 INSURER C: Liberty Insurance Corporation 42404 Santa Ana CA 92707 USA INSURER D: Lloyd's syndicate No. 2623 AA1128623 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570068249959 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 1NSR TYPE OF INSURANCE ADDL Sven POLICY NUMBER POLICY E"' POL1CY cXP LIMITS LTR INSD WvD /M M/DD/YYYYl /MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY TBLbll.lUU4.L45717 Ull/ jU/ LUl.1 Ull/ jU/ LUU EACH OCCURRENCE $2,000,000 -0 CLAIMS-MADE [i<JoccuR General Liability DAMAGE TO RENTED $300,000 PREMISES (Ea occurrence) - MED EXP (Any one person) $10,000 -$2,000,000 PERSONAL & ADV INJURY -$4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE Fl 0PRO-@Loe $4,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER 0, / "' 0, 0, " N 00 <D 0 0 r-- B AUTOMOBILE LIABILITY AS2-681-004145-727 08/30/2017 08/30/2018 COMBINED SINGLE LIMIT $2,000,000 rEa accident' Commercial Auto -AOS "' >----BODILY INJURY ( Per person) X ANY AUTO 0 z -OWNED -SCHEDULED BODILY INJURY (Per accident) Q) -AUTOS ONLY AUTOS -NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) -ONLY -AUTOS ONLY "lii CJ ;;:::: t Q) A X UMBRELLA LIAB H OCCUR US00079952LI17A 08/30/2017 08/30/2018 EACH OCCURRENCE $10,000,000 -umbrella AGGREGATE $10,000,000 EXCESS LIAB CLAIMS-MADE u -./ OED I X I RETENTION $10, ODO C WORKERS COMPENSATION AND WA768D004145777 08/30/2017 08/30/2018 I PER I IOTH-EMPLOYERS' LIABILITY workers comp -AOS X STATUTE ER Y/N $1,000,000 ANY PROPRIETOR I PARTNER/ EXECUTIVE ~ E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, descnbe under E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below D E&o-PL-Primary PSDEF1700460 08/31/2017 08/31/2018 Per cl aim $5,000,000 Professional Liab. and CP Aggregate $5,000,000 SIR applies per policy ter ~s & condi ions DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All operations. city of Carlsbad is included as Additional Insured in accordance with the policy prov1s1ons of the General Liability policy. General Liability policy evidenced herein is Primary and Non-contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A waiver of subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad AUTHORIZED REPRESENTATIVE 1635 Faraday Ave. Carlsbad CA 92008 USA ~~g~ ~i/7~ -©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD j POLICYNUMBER: TB2-681-004145-717 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury'', "property damage" or "personal and advertising injury'' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury'' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. increase the shown in the SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. Location(s) Of Covered Operations All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 v POLICYNUMBER: TB2-681-004145-717 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury'' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR THE COMPLETION OF A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM AND ZONING ORDINANCE UPDATE (ZCA 15-04/LCPA15-07) MICHAEL BAKER INTERNATIONAL THIS AGREEMENT is made and entered into as of the sJ~ ,v:;(_, day of Oc.fo6~ , 20 rs , by and between the CITY OF CARLSBAD, a municipal corporation , ("City"), and Michael Baker International, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a professional consultant that is experienced in completing a sea level rise analysis, local coastal program and zoning ordinance updates. B. Contractor has the necessary experience in providing professional services and advice related to a sea level rise analysis, local coastal program and zoning ordinance update. 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 anct 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 two years from the date first above written. The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be five hundred eighty three thousand, four hundred and seventy one dollars ($583,471). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed n/a dollars ($ n/a ) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 4/1/1 5 {p 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. SUBCONTR ACTING Contractor will subcontract with Moffatt & Nichol and Revell Coastal for the sea level rise analysis as noted in Exhibit A and Greenpole Research, Inc. for a portion of the LCP services as noted in Exhibit A. Contractor will not subcontract any other portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's City Attorney Approved Version 4/1/15 2 1 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 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 Insurance. $2,000,000 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. 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 City Attorney Approved Version 4/1/15 3 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 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. NOTIC ES 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 Don Neu Title City Planner Department Planning City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. (760) 602-4601 For Contractor Name Richard Beck Vice President Planning Title /Environmental Services Address 14725 Alton Parkway Irvine, CA 92618 Phone No. 949-855-3687 Email rbeck@mbakerintl.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 4/1/15 4 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version 4/1/15 5 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 th.e 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. 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. City Attorney Approved Version 4/1/15 6 \ \ CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By:~ City Manager Kathryn B. Dodson, Interim City Manager ATTEST: City Clerk If reqL1ired by City, proper notarial acknowledgment of execution by contractor must be ~ttached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 4/1/15 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of "SPrN D'\ ~ b D ) On ()ex, L 5 J .!2. O L 5 before me, P\-N-DP-£A. 'SPt-N..DE)e..S , N.o-rp.;p...j ~l,LC.. Date Here Insert Name and Title 1 of the Officer personally appeared 2> WT1" l"T-1 ~ LD,,e.. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and and official seal. Signature___,..........._:~------'=----~~-L-~---'---~----- Signature of Notary Public · section is optional, completing this information can deter alteration audulent reattachment of this form to an unintended do ent. Description of Attache Title or Type of Document: _ ____::::.....,__ _________ -,,/~ Number of Pages: ___ Signer Capacity(ies) Claimed by Signer(s) Signer's Name: ----------,...G-- O Corporate Officer -Title(s): ___ .,..::;... __ _ O Partner -D Limited O Gener D Individual O Attorney · 0 Trustee D Gu an or Conservator D Other:---...,...:~--------- Signer Is Repr. ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ~ "{\ ~~~ ) on ~~. \5 'ct.D\5 betoreme, ~°'-~· ~t)\:;,o.n, ~~~N %\o\,c. date Here Insert Name and Title of tHe Officer personally appeared ~, ~ C:n ~OS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~ whose name<,) is/ar.e. subscribed to the within instrument and acknowledged to me that he/5heAhey executed the same in his/tier/their authorized capacity~. and that by hi~Aheir signatureOO on the instrument the personY5J, or the entity _upon behalf of which the person(,, acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J •. i.,;.. NEVAM. COBIAN { m Commission No. 2017065 o ~ . NOTARY PUBLIC· CALIFORNIA ~ · SAN DIEGO COUNTY I Commission ~es March 31, 2017 } Place Notary Sea/ Above ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ D Partner -0 Limited O General D Partner -D Limited D General 0 Individual O Attorney in Fact 0 Individual D Attorney in Fact 0 Trustee O Guardian or Conservator 0 Trustee O Guardian or Conservator 0 Other: _____________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. 8 City Attorney Approved Version 4/1/15 \D SCOPE OF SERVICES: EXHIBIT A PROPOSED APPROACH The proposed approach and work program is based on our local knowledge of the City of Carlsbad, existing relationships with stakeholders and our experience in processing sea level rise analysis, Local Coastal Plan updates and zoning updates. In most cases our tasks follow the outline of the RFP; however, in some cases we have identified tasks that add value and/or will assist in achieving project success. Our work program is based on the flow chart, below. PIWII- SU lMl RISE (Sll)AIW.YSIS 1. Coordilatallcln~ R<>glonal 1.a<.11 C.O..rmenl> .,,i Sl3itldd!t! ID Estimate stR:!050¥161100~ ,. DtveloplwlgeolSlR~Uonslor Cllnbadl(llpl.lnnrnoai~ I>. C~aD,raonHl<Tm<(A>IUI/Shrllfh Erosicnl><nU <. k!entifyc.n,nttTu11rrrsutlnl)X1>~CK d, ldentlfy~sutl~is(IOO-yta,llood) e. GIIU)!ffi'dM,psof(oi<tal~ lbea<hes, ~)"1r(l.r""'1 aooluture CcMlt>I Resou~" 2, RistMselsmtnl(Nllrr•ii1>vH1'""""1rner11) ,. Ass..s ub~ng illld l'!ol)C!fd oot Usent RIii b. O.,Urbt9"""1t1ofRIIIA,so,~ c. lnco,por,u,P~ d. R,,t ldenlffitanan ,. DM!opAd,ptadonMeilWrr! f.Cieaa.la~ 9, PnoritiZel,\-illldSliategleS ). le.I tt,e( ~ ~ 4. CC(illldloulAgtntyC°"'*'dc)n 5. Comp,oon,ndCityN<eplar«ofl'lwS.:1 PNASli 2-LOW. COASTAL PROGWI (l.(P) LAID USUPDrm 1. Utiim,2013~"11.CttoCompi,lelCP lal)d Ost PIM Updalt •. (,Nltlklr.fr1eorllyGripl'rlc-W<h<d Ooarm!nl h Oblain Co-~litnon r., Ams tlwt lla,o ~0,- c. £nlift llorumenl (~ywlltl<alibtu Coasla!Aa. Coasial~l(P Updalt Ciolldt, C.rtlNtlConmlnlty~.nt~Pllo d. Grapt,la n1 Map Updites~Nttded (e.g.low<0Sl'llsil0uoo,mod~lioosl •.P'l'l'Jl"ParctllM!~pExfilllls Oel.llNtJll!I Jomd,(l;,o r, Oe-..lopPoll<lesfortow-Olsl~ SeM(,s/,((~ 9,l~tSlRl,daptition/r4ffior,s.llld Slr1119ieflOIIIP!IMtl h.ln<Glp<dtOlhftlnbNlonDewtopfd Ourln9P!wl(t.gngps.GISlt,f,s. CJl•pliu,flgu,o,.ttcJ l. Comowlitylnplllnt'9'1*>nlntol(PlUP 3. ~~S.."Coan!Nlion n!Mttllllgs 4. lit.ia9und Adoption for t.CPWP Cotku!O!CII with l'orlingOil1iNnct t,..:h .. ,c -' . . ~ .. ~PHASE 1: SEA LEVEL RISE ANALYSIS "'-... " . PLAN IMPLEMENTATION Michael Baker International (Michael Baker) has retained Moffatt & Nichol (M&N) for services associated with Phase 1 of the project. TASK A1 -ANALYSIS & MAPPING OF SEA-LEVEL RISE HAZARDS The Project Team's approach to Phase I will be to develop sea-level rise (SLR) scenarios based on best available science, consistent with the California Coastal Commission's (CCC) Sea Level Rise Policy Guidance (2015), and align these scenarios with the Coastal Storm Modeling System (CoSMoS) 3.0 for two future planning horizons (i.e. 2050 and 2100). At the time of this proposal, the best available science suggests a 2.0 and 5.5-foot high SLR scenario for 2050 and 2100, respectively (NRC 2012). Neighboring coastal jurisdictions, such as Del Mar and Imperial Beach, conducting such assessments will be consulted for consistency. Additionally, the Project Team will consult with the San Diego Regional Climate Collaborative and the San Diego Foundation, both of which have funded SLR analyses recently. Michael Baker INTERNATIONAL Sea Level Rise, Local Coastal Program, Zoning Update I I ~-SCOPE QF SER\/_!Cjc_~_ Revell Coastal will provide technical advisory roles of the Project Team's SLR analyses. Dr. Revell is involved with SLR studies statewide, including the Northern and Central Coasts, as well as locally with the City of Imperial Beach; therefore, lending a wide-ranging perspective to the City. Chandra Slaven has also been retained to provide key support to Dr. Revell and M&N during Phase I of the Project. This oversight w ill identify any shortcomings and data gaps in the modeling of extreme events. Further, Revell Coastal will advise the M&N technical team on methods for closing pertinent data gaps, including performing technical review of modeling assumptions and results. Modeling Approach The CoSMoS 3.0 is a cutting-edge modeling tool used to predict 21st century coastal vulnerabilities and is being prepared by the U.S. Geological Survey (USGS) for the Southern California bight. The model's outputs include inundation, flooding, and bluff and shoreline erosion. Preliminary CoSMoS results are due to be released in 2015 (the latest estimate is October); thus, receipt of these data should align well with the City's proposed schedule for this work. The preliminary CoSMoS package will include coastal and fluvial flooding limits associated with four SLR scenarios (0.5, 1.0, 1.5 and 2 meter) in combination with a 100-year wave event. The Project Team is very familiar with USGS methodology and will be able to efficiently utilize these preliminary datasets to effectively meet the City's s goal for this work in early 2016. The vulnerability of a shoreline to SLR is defined by a particular system's exposure, sensitivity and adaptive capacity. Phase I of the work will focus on the exposure of natural (i.e. dedicated open space within the City's boundaries and other environmental sensitive habitats as indicated in the City's Habitat Management Plan) and built environments to future SLR impacts within the Local Coastal Program (LCP) planning area and remainder of the City. Since this phase will set the stage for all work to follow, the Project Team is committed to preparing a technically defensible approach. Although the Project Team will rely on results generated from CoSMoS, we bring forward a team of experts in the fields of coastal engineering/science and hydrology/hydraulics to review, identify and close technical gaps in this statewide modeling effort. Due to the regional nature of the CoSMoS work, city-level details can be lost. Examples include stormwater effects and hydraulic connectivity of backlands to the marine environment. Using a GIS platform, CoSMoS results will be evaluated for hydraulic connectivity through channels, conduits, pipes, storm drains. Potential tailwater impacts, which are a result of water backing up in a pipe or channel due to outlet inundation, will also be discussed for areas where this could be a significant hazard. The Project Team is acutely aware of the stormwater and drainage impacts that can result from SLR and brings forward two experienced hydrology and hydraulic engineers to aid in the evaluation of these impacts. Having recently completed detailed wave and hydrodynamic modeling of Batiquitos Lagoon, the team has a thorough understanding of this lagoon system and will use our results as a comparison with those from CoSMoS to confirm its accuracy. If determined to not be as accurate as is needed, our existing model can be used to augment results from CoSMoS as needed. In a similar fashion, the Project Team can conduct analyses of other recent modeling studies at Buena Vista and Agua Hedionda lagoons. 2 I Proposal for City of Carlsbad \6 SCOPE OF SERVICES Shoreline Erosion The Project Team is comprised of coastal experts who understand the coastal processes along the City's shoreline. Our team has been involved in the management of the beaches in the region for over two decades by developing beach nourishment programs and construction of projects which all share the common goal of creating more resilient coastal resources. The team will review a 19-year, biannual beach profile monitoring dataset within the City to evaluate-past trends to be compared against the CoSMoS 3.0 short-term and long-term erosion outputs. Since the shoreline has been nourished over time, the team will consider these nourishment events during the analysis of this data. This consideration will provide some insights into potential adaptation strategies for the City. Hazard Mapping The Project Team understands the value of a Geographic Information System (GIS) platform to inform the decision making process. Working in collaboration with City GIS staff, we will prepare a geodatabase from which the flooding, inundation and erosion layers can be overlaid with various land uses and coastal resources to identify particularly hazardous areas. The basemap will include coastal resources (e.g. beaches, wetlands), the built environment (e.g. roads, buildings), and shoreline protective devices (e.g. revetments and seawalls). The basemap will be compiled from data collected from the City, community stakeholders, and resource agencies as well as original data generated by the Project Team. Large-scale graphics will be prepared for community stakeholder and agency meetings to support information sharing. TASK A2 -RISK ASSESSMENT Once hazard areas have been identified in Phase 1.1, the vulnerability of coastal resources and the built environment to SLR hazards will be determined by evaluating the sensitivity and adaptive capacity of each asset. For example, an asset that is sensitive to a SLR hazard with limited adaptive capacity would be considered highly vulnerable. This same type of approach was used by M&N for the City of Huntington Beach and it efficaciously helped the City understand their unique issues for coastal policy and regulatory planning. It is essential to note that vulnerability and risk are separate concepts. The risk to a given coastal resource or land use depends on: 1) the magnitude of the impact (consequence) and 2) the likelihood of that impact occurring (probability). If a given asset has a high vulnerability to SLR but low consequence, the level of risk may be tolerable. Vice Versa, an asset with low vulnerability but high consequence of failure may be assigned a high-risk level. The consequence, probability, and resulting risk to a given asset will be evaluated at the 2050 and 2100 time horizons through use of the State of California Sea-Level Rise Guidance Document {CO-CAT, 2013). In collaboration with the city, the project team would develop "impact thresholds" for each asset or coastal resource within the planning area. The "impact threshold" refers to the level of SLR that may trigger significant impacts to each feature. A magnitude of the consequence {low/moderate/high) would be assigned based on the potential for damage or disruption of service that each feature would experience for a given SLR scenario. Similarly, a qualitative probability {low/moderate/high) would be assigned based on the probability of occurrence for a given "impact threshold." Sea Level Rise, Local Coastal Program, Zoning Update I 3 ~lilli ,:___~-_SCOPE OF SERVICES Though probabilities associated with SLR are not explicitly known, assumptions regarding the likelihood and magnitude of impacts can be made within the 2050 and 2100 planning horizons. The likelihood of SLR at a specific time horizon can be thought to be inversely related to projected va lues {low/medium/high). Thus, at a given time horizon, there is a higher likelihood of the low projection occurring and a lower likelihood of the high projection occurring. For example, a 1-foot rise in sea level has a low likelihood of occurrence for the 2050 time horizon, but a higher likelihood of occurrence in 2100. Similarly, a 3-foot rise in sea level has a relatively low likelihood of occurrence in 2050 but a higher likelihood of occurrence in 2100. The analysis will focus on the 100-year wave and rainfall event for the two t ime horizons. A 100-year event has a 1 percent chance of occurrence in a single year and is generally considered a conservative design event. However, when development projects or community growth are projected over a longer time frame, the likelihood of an extreme event increases. For example, over a period of SO years, an extreme event (100-year) has about a 40 percent chance of occurrence. In collaboration with the City, the Project Team will prioritize public and private resources and associated land use risks in the City. The analysis will be based on existing and proposed land use and related development patterns. An example of the how resources and assets within the planning area may be evaluated and ranked is shown in the figure and table below. ----------------------- _____ Exposure -----·. Adaptive Priorit) Ranking Project Feature Impact Year Ex posu re Scnsitivit) Capacity Vulnerabilit) ' / Tvpe Ratio~ I Year 2050 / Moderate Moderate High Low 2 Flooding Wetlands Year 2100 / High Moderate High Low Flooding Year 2050 I Moderate High Low Moderate I Low-lying Flooding Residential Neighborhood Year 2100 / High High Low High Inundation I 4 I Proposal for Oly of Carlsbad \1 , J ~"'""'""'~=~-...:.i.-~=:..r..aL"311m:-...t-....;;_:;__:z:i:.......,;.;:=.= 11' 'It fl. I h 'f Coastal Inundation (MHHW Shoreline Position) -Low SLR ProJected SLR -HjghSLR ""'"' 2010 Shoreline Poshion (MHHW) SCO PE OF SERVICES -Pedntrian Paths Pandng LOIi -$lomldraln Outfall -BikeTtll!h _J8"'1d"'IIO Coastal Flooding (Wev• Run-LlP) -Wase Run-up (Low lo High SLR) ----· Wave Run-up (Projec1ed SLR) --XlleacnTransec,s Once at-risk areas have been identified and prioritized, the Project Team will develop adaptation strategies to minimize risks from hazards and to protect coastal resources. The natural environment is generally more equipped to adapt to change if sufficient room exists for natural migration. Conversely, due to its fixed, rigid nature, the built environment typically cannot adapt to change and human intervention is often needed to protect, fortify, or relocate the structure. For example, the Carlsbad Desalination Plant will require special attention to the exact nature of risk and realistic adaptation strategies. Project team members have recent experience in adaptation planning for the Morro Bay Power Pla nt operated by Dynegy in adaptation planning for the City of Morro Bay (i.e. the San Luis Obispo Air Pollution Control District Regional Greenhouse Reduction Plan}. The Project Team brings experts on both of these forms of adaptation to the project. From traditional methods of shore protection (i.e. similar to the Carlsbad seawall along Tamarack State Beach) to softer solutions such as providing transitional habitat areas in wetland restoration projects, we have experienced all levels of coastal adaptation planning. Our extensive experience along the California coast will be valuable to the City to identifying the range of potential adaptation measures or policies and a prioritization based on community input to identify the best combination of strategies that can be applied over time to address both short and long-term vulnerabilities. Sea Level Rise. Local Coastal Program, Zoning Update I 5 I~ SCOPE OF SERVICES TASK A3 -SLR STAKEHOL DERS AND AGENCY COORDINATION The Project Team's approach to these types of assessments is to meet with community stakeholders early and frequently. We are committed to employing that strategy here as the City has a unique set of community stakeholders with varied interests. The team has identified the following community stakeholders (to be updated/confirmed) for the outreach efforts: • City of Carlsbad (elected officials, City staff, Beach Erosion Committee members) • California Department of Parks and Recreation • California Coasta l Commission • North County Transit District • Caltrans • NRG Cabrillo Power • Home Owner Associations • Real Estate industry • Chamber of Commerce • Visitors Bureau • Non-profits (lagoon conservancies, The Nature Conservancy, Surfrider Foundation, etc.) • Poseidon Resources Corporation • Leucadia Wastewater District • Olivenhain Municipal Water District • Vallecitos Water District The Project Team scientists, coastal planners and commu'nity outreach staff have demonstrable experience orchestrating successful public meetings designed to both engage and inform stakeholders and capture their input. The Project Team is aware that the SLR analysis and adaptation strategies are undertaken for the benefit of the City including residents, business, and visitors and would design outreach materials to emphasize this message in order to encourage constructive engagement by the community. Should the City want the informational materials translated into other languages, such as Spanish, this additional service can be discussed during the initial project-scoping meeting, as an added service. The Project Team has noted that the Latino community accounts for close to 15 percent of the City's demographic and represents a vital component of the community, particularly from a socio- economic perspective. Community stakeholder meetings present a crucial opportunity to engage with those affected and gauge reception to data and concepts being contemplated. Our team recommends that the community stakeholder meetings be held once vulnerabilities have been identified and a range of applicable adaptation options have been developed. Working in concert with City Communications staff, we anticipate that meetings will be announced at City Council and Planning Commission meetings and on the City website, and other forms of social media (i.e. City Twitter and Facebook outlets) and that summary updates be provided to the City Council, Planning Commission and the public on a quarterly basis. The City Council and Planning Commission meetings are a familiar format and source of information for constituents and, as such, should be used as a gateway to their involvement. 6 I Proposal for City of carlsbad 19 SCOPE OF SERVICES Our team proposes to conduct up to three (3) community stakeholder meetings using a workshop format to promote open dialogue and maximize resources. The workshops will include information stations-each devoted to a specific issue or geographic area of the City's coastal zone -to provide one- on-one discussion opportunities, and take questions and provide answers. Each workshop is anticipated to last up to four (4) hours. Attendance of project team staff will be selected based on the specifics of the agenda and any insights the City might have as to the political volatility of certain topics. The Project Team will establish a specific email account for receiving all comments, thereby maximizing convenience for stakeholders and efficiency for the Project Team. The Project Team will also provide the City with a summary of the comments provided at the meetings and ensure that the comments are recorded and considered in the development of adaptation strategies and the LCP Amendment. The Team knows from experience that acknowledging, considering and incorporating input received in the process is a critical component in final success of the approval of plan amendments. In addition to the meetings, the Project Team will prepare quarterly updates suitable for use in an email and/or web site posting, identifying key milestones achieved, milestones pending, and the meaning of each milestone. Information summarizing the purpose and importance of sea level rise and adaptation measures development, as well as how that information is incorporated into the City's planning functions, will be included on the website and/or repeated in each email. The Team assumes that the City will be responsible for notices and mailings associated with the public meetings as well as logistics such as securing a venue. The Project Team assumes that up to two (2) stakeholder meeting strategy sessions with the Team prior to the public meetings will be necessary to prepare all materials and come to agreement on the format of the meetings and roles of each team member. Revell Coastal will provide technical review and comments on the final Risk Assessment to be utilized for City review and acceptance. Project Team coastal planning and outreach staff would engage in up to two (2) additional technical workshops to fully inform the Planning Commission and City Council on the findings, consequences, and implementation mechanisms for the incorporation of SLR into the LCP and ZO. These workshops would be informed by the quarterly updates to the City Council proposed as part of A3, and would provide for deeper understanding and inquiry by the Planning Commission and City Council. These workshops would be up to four (4) hours each and take place near the completion of the Team's services, prior to public hearings on the project. Technical coastal scientists would attend these workshops as subject matter experts. Our specialists will also participate in the overall stakeholder and community outreach. They will participate in the stakeholder workshop and drafting the related interview questions and/or surveys. Based upon recent experience, they will advise in tailoring the survey/interview questions as well as presentation materials. The presentation materials will be designed to inform, educate, and assist with updating the zoning code based upon a variety of different perspectives. The goal of the outreach process would be to identify the community's common themes and shared concerns, as well as identify the opportunities to proactively envision climate-induced hazards. It is expected, per the RFP/Q, that no additional outreach or information specific to the broader ZO updates would be necessary under this scope. Sea Level Rise, Local Coastal Program, Zoning Update I 7 SCOPE OF SERVICES Project Team coastal planners would attend each of the four (4) expected public hearings to approve the amended planning documents including up to two City Planning Commission hearings for Approval and Recommendation to City Council; and up to two (2) City Council hearings for Approval and Direction to Submit to the CCC. Understanding the city public hearings would be held locally in Carlsbad, team members would be available for these hearings as subject matter experts. The length of hearings is unpredictable and dependent on other agenda items and circumstances. For the purposes of this proposal we have assumed four (4) hours of attendance at each of the four (4) City public hearings. Additional services can be provided to support CCC hearings for Certification and a further City Council for Adoption, upon request and negotiation for additional scope and fee for services. As added value, some of our team members also reside in Orange County, Los Angeles County, Cities of Santa Barbara and Santa Cruz and can attend more distant hearings with the CCC as well if needed. Agency coordination will be a significant component in the development and prioritization of adaptation measures. The Project Team members including coastal planners will be available to assist with coordination with the CCC and other local agencies. Our approach to agency coordination throughout the project involves frequent, informal check-ins with agency staff and regularly scheduled meetings, particularly with the CCC. The team proposes to begin agency coordination once the vulnerabilities are established and some internal coordination has taken place to discuss potential adaptation responses. Understanding the workload and scheduling difficulties of agency staff, regularly scheduled meetings are anticipated to be conducted no more than every other month for a total of up to two (2) in person meetings anticipated, with an additional up to three (3) status updates to be undertaken via conference calls. Project Team coastal planners would also provide support and attend up to four (4) further meetings with CCC staff to maximize coordination and alignment of expectations, prior to the actual public hearings to certify the amended LCP. To maintain consistency and added value, Project Team technical members from M&N and Revell Coastal would also be available for meetings associated with Phase 2. Each meeting would be up to two {2) hours long at either City or local CCC offices {San Diego) or via conference call. 8 I Propo5<1I for City of Carlsbad ?J ..., SCOPE OF SERVICES • Exposure and haza rd maps with key assets/models/graphics (PDF) • Report outlining asset categories, key assets, public and private resources and associated land use risks (PDF) • Draft and Final list of strategies including priority actions {PDF) • Draft and final risk assessment (Word/PDF) • City Sta keholder List {PDF) • Stakeholder Comments (PDF) • Sta keholder Quarterly Updates (for web and community posting) (PDF) • Sta keholder Interview Questions (PDF) • Agency Status Updates (PDF) • Meeting materi als and visual displays (Hardcopy Plots/PDF) • Agendas, Sign-In Sheets, and Minutes for t he following meetings (Word/PDF): • Project Kick-Off Meeting • Three (3) Community Stakeholder Workshops • Two (2) Community Stakeholder Strategy Meetings • Two (2) Technical Workshops (City Council/Planning Comm ission) • Project Hearings for all Phases -Four (4) Public Hearings (City Council/Planning Commission) • Two (2) Project Team Meetings with CCC and up to three (3) conference calls with CCC • Four (4) Additional Meetings, as needed with CCC f P _HASE 2 LOCAL COASTAL PROGRAM LAND USE PLAN UPDATE Michael Baker understands that an administrative draft Loca l Coastal Program (LCP) Land Use Plan (LUP) was prepared in 2013 as part of the General Plan update and exists in administrative draft form. As the City of Carlsbad is aware, both the LUP {which contains required coastal resource land use policies and mapping) and corresponding Coastal Implementation Plan (or IP, which is essentially the zoning code for land uses within the Coastal Zone) require approval by the California Coastal Commission in order to form a certified LCP. These essential tasks form Phase 2 and Phase 3 of our scope of work. Based on our understanding of the work completed to date, the LCP components will be addressed as stand-alone deliverables for submittal to the Coastal Commission. The documents will be closely related to-but not integrated into-the General Plan itself. From our recent work in the communities of Hermosa Beach, Seaside, and elsewhere, we are aware that the LUP needs to be informed by the Local Coastal Program Update Guide, published by the Coastal Commission and updated in July 2013. This guidance document is invaluable in understanding the importance and emphasis of issues that are priorities to Coastal staff and the Commission, and how an agency can best address those issues locally. Sea Level Rise, Local Coastal Program, Zoning Update I 9 ~~ SCOPE OF SERVICES For the LUP in Carlsbad, the Michael Baker team will critically review the working draft of the LUP to ensure that the contents and policies meet current standards for the following areas, as applicable: • • • • • • • • • • • Public Access and Parking Beach Management Recreation and Visitor-Serving Facilities Low Cost Visitor Accommodations Water Quality Protection Environmentally Sensitive Habitats and Other Natural Resources Agricultural Resources Locating New Development and Specifically, Shoreline Development Scenic and Visual Resources Coastal Hazards Energy and Industrial Development We will review the Draft LUP immediately and advise the City as to the current relevancy and adequacy of the document. Wherever possible, Michael Baker will utilize existing information contained in the Draft LUP. For scoping purposes, the Michael Baker team assumes that the 2013 working draft of the LUP is substantially complete, and that the completion of this document will not require a complete overhaul of work completed to date. We also assume that the background reporting conducted for the General Plan update and associated EIR is satisfactorily complete, and that new resource surveys and field investigations will not be warranted. As discussed in detail in our scope of work, new analysis and policy development with respect to sea level rise and low cost visitor-serving accommodations will be incorporated. The focus of the resource policies must be specific to Carlsbad, reflecting the importance of natural areas such as the creeks and coastal lagoons, and the fact that much of the beach area is already owned and managed by the state. In our experience, the key to a successful LCP submittal is direct interaction with Coastal Commission staff to review and discuss the City's policy approach prior to formal application submittals. Engaging staff throughout the process to vet ideas and potential policies can save a great deal of time during the review process. We have excellent, high-trust relationships at all levels with the Coastal Commission, and have worked recently with Diana Lily and Sherlyn Sarb. These re lationships help build consensus and keep the project on schedule. Our approach also assumes that the LUP and IP will be developed and submitted to the Coastal Commission concurrently. Similar to the Phase 1 approach and work program, the following scope of work for Phase 2 is designed to expand upon the scope of work contained in the RFP. The primary objective of this work effort is for the City of Carlsbad to successfully achieve a certified LCP in a timely manner. This also helps take advantage of additional Coastal Commission staff, which have been added through July 2016 to help with LUP/IP updates. 10 I Proposal for City of Carlsbad SCOPE OF SERVICES TASK B1 -UPDATE AND FORMAT 2013 ADMIN DRAFT LUP As described in the Project Approach, the Michael Baker team will conduct a critical technical review of the working draft of the LUP policy document to ensure consistency with the General Plan and Coastal Act requirements. Specific tasks associated with this effort will include: Consistency and Content Review. The Administrative Draft LUP will be reviewed for internal consistency with related General Plan policies, as well as the Carlsbad Community Vision. This task is essential to confirm that no internal policy conflicts exist with respect to land use, natural resources, community priorities, or implementation strategies. If potential conflicts are identified, the Baker team will recommend specific modifications to the LUP. Consistency with the California Coastal Act is essential to the ultimate successful certification of the LCP. As part of this task, the Michael Baker team will provide a detailed review of proposed coastal land use and management policies to ensure that the document reflects the most current policy guidance included in the Local Coastal Program Update Guide. Drawing on our experience crafting policies for other LCP efforts and review of approved policies in other jurisdictions (statewide), we will suggest additional or modified policies as appropriate that reflect circumstances specific to Carlsbad. The Michael Baker team will incorporate current planning practices and standards, particularly for potential development areas and natural areas such as the lagoons and wetlands. As part of this update, we will critically review and update existing LCP policies based on previous Coastal Commission staff comments received during the General Plan process. Our goal is to incorporate best practice policy language acceptable to the Coastal Commission that will allow the City to move forward with the IP. This may include specific policy language as applied to certain parcels or subareas, as Coastal Commission staff seeks a high level of specificity and clarity with respect to coastal policies. Document Formatting and Graphics. Clear, communicative document design is essential for agency staff, decision makers, stakeholders, and the general public to understand complex planning issues and to consistently apply adopted policies. For this effort, the Michael Baker team will prepare a user- friendly and graphically appealing LUP document that builds upon the graphics and exhibits that have already been created. Using our team's resources in GIS and graphic design, additional mapping, exhibits, charts, graphs, photos, or other visual imagery will be added or augmented, as necessary, to refine the working draft document. As part of this process, new exhibits generated through Phase 1 (sea level rise analysis) will be incorporated into the document format. Boundary Delineations. Current and accurate parcel-level mapping and boundary delineations are extremely important for the LUP. Whether a particular parcel is "in" or "out" of the Coastal Zone, permit jurisdiction or appeal area can significantly affect a property owner or stakeholder's ability to plan for the future disposition of real property. We have experienced one occasion where an LCP made it through the local public review process, only to find later that maps provided by the Coastal Commission to the agency were not accurate at the parcel level. After confirmation by state surveyors, new mapping and analysis were required to address the changes. Sea Level Rise, Local Coastal Program, Zoning Update I 11 ~-~,. -;s SCOPE Q_F SERVICE$ To prevent such an occurrence in Carlsbad, we will plot all relevant boundaries: corporate limits, individual segments, coastal zone, Coastal Commission permit jurisdiction, and appeal area boundaries. Using in-house parcel data overlain with current aerials, we will forward the information to Coastal Commission staff with a request for confirmation with state mapping sources. This task includes obtaining Coastal Staff approval of the City's Coastal Boundary for future planning activities. Address Areas of Deferred Certification. Specific geographic areas of the City's existing LCP are not certified, including the Agua Hedionda Lagoon Segment. While we understand that every LCP has a history, we also understand that the Coastal Commission in recent years is very supportive of all coastal communities obtaining a certified LCP. The Michael Baker team will work with staff to identify past issues and obstacles in order to obtain certification of the LCP for the entire coastal zone. Develop and Incorporate Low Cost Visitor-Serving Accommodations Policies. The Coastal Act and Local Coastal Program Update Guide are clear regarding the Act's mission to maximize coastal access and recreation opportunities for persons of all income levels. For this portion of the LUP, the Michael Baker team will inventory and map existing overnight accommodations in the Coastal Zone (by type and pricing), identify opportunities for preserving or adding to that inventory, and craft policies to achieve community goals that are consistent with the Coastal Act. The basic options available to a coastal community in addressing low cost visitor-serving accommodations include mechanisms to preserve existing low cost accommodations; land use and zoning c;:hanges to encourage new low cost uses; development of low cost accommodations as part of higher cost projects; accommodation for campgrounds and/or low cost hostels; or payment of in-lieu fees associated with new development. In late 2014 and 2015, the Coastal Commission held workshops to specifically discuss low cost visitor- serving accommodations in the Coastal Zone. Members of the Michael Baker team attended these workshops and have reviewed the resulting staff reports as part of our ongoing effort to remain current on LCP issues. The Michael Baker team also recently crafted such policies for the City of Hermosa Beach in consultation with Coastal Commission staff, and will use that experience and process to develop appropriate policies for Carlsbad. We will again be present on upcoming workshops as we approach 2016. Incorporate Findings from Phase 1 Sea Level Rise Analysis. The findings and recommendations of the comprehensive Phase 1 sea level rise analysis will be adapted and condensed for inclusion into a new section of the LUP document . Consistent with our team's overall approach, our goal is to provide a clear and seamless translation of the technical data into easily understandable concepts and policies for the LUP (and ultimately, the IP). Planning horizon projections and impacts, shoreline erosion, risk assessment, vulnerability of the natural and built environment, and mitigation/adaptation strategies represent the core of this effort. Our planning staff and coastal process experts will work collaboratively with City and Coastal Commission staff to develop a range of feasible strategies consistent with the City's long-term goals. Some of those policies or strategies may involve the City's participation in a ' regional approach to adaptation or shoreline protection. Although the LUP is essentially a policy document, it is essential that this component be based in the strong scientific projections developed as part of Phase 1. 12 I Proposal for City of carlsbad SCOPE OF SERVICES In consideration of the potential long-term financial impacts of sea level rise adaptation strategies, the Michael Baker team will engage the services of Greenpole Research, Inc. Greenpole will analyze adaption strategies by developing an econometric model to assess trade-offs -spending vs. benefits -of different adaptation strategies. The model will assist in the development of an informed management strategy. After the data compilation, a comprehensive economic model will be developed to show the effects of tourism, job creation, increased government tax revenues, improved storm protection, other recreational benefits, and wildlife habitat protection. Storm damage reduction, for example, can result in improved values for both resident ial and commercial properties located nearby. TASK B2 -COMMUNITY PARTICIPATION Based on the RFP and review of materials generated for the General Plan, it is understood that a significant community outreach effort has been completed to date. This existing effort, t ogether with the additional sea level rise stakeholder meetings and agency coordination proposed for Phase 1, will serve to build upon the record of community input required for the LUP. The Coasta l Commission, however, will need to confirm that the City of Carlsbad has engaged and completed a thorough public outreach process that is specifically related to development of the LUP update. While several topics and land use issues during General Plan out reach may qualify as applicable to the LUP, the Coastal Commission staff review process of the City's LCP update application may benefit from additional input and documentation of outreach. To that end, the Michael Baker team is proposing one additional public workshop that is focused on compliance with the Coastal Act, the LCP process, land use, and resources issues specific to the Coastal Zone and other relevant issues as confirmed with City staff. Such a workshop may also serve as another opportunity to discuss the findings of the sea level rise analysis. Our in-house public outreach specialists are excited to again provide the City with professional and engaging public workshops (conducted in concert with City Communications staff). TASK B3 -COASTAL COMMISSION COORDINATION / ENGAGEMENT In our experience, early and regular interaction with Coastal Commission staff is critical to project success and timely LCP certification. The Michael Baker team will participate in an initial "check in" meeting with the City's regional Coastal Commission contact to discuss the LUP update status. Initial meeting topics may include the scope and direction of the LCP update, relationship to the General Plan, boundary confirmation, primary coasta l resources, specific planning issues, expectations, document format, and other issues that are critical to project success. For this update effort we assume up to three meetings with the City and Coastal Commission staff to monitor progress, discuss issues, and vet policy directives. Sea Level Rise, Local Coastal Program, Zoning Update I 13 ~~ ----~---~C QE_E OF _SER V I~E S • Peer Review of LUP Administrative Draft (PDF) • Administrative LUP Draft (Word/PDF) • Public Review LUP Draft (PDF) • Final LUP Draft (PDF) • City of Carlsbad Coastal Zone Map with City Features (PDF) • Greenpole Economic Memorandum (PDF) • Coastal Zone Boundary Confirmation (provided by the CCC) • Overnight Accommodations Map (PDF) • Agendas, Minutes and Sign-In Sheets for the following meetings: • One (1) Public Workshop for Coastal Act, LCP, land use and Coastal Zone • One (1) Coastal Staff Outreach and Kick-Off Meeting • Up to three (3) Coastal Staff/City Meetings -----------' 14 I Proposal for City of Curlsbad SCOPE OF SERVICES Using information gathered in Phases 1 and 2, Michael Baker will provide a seamless transition to comprehensively reorganize, rewrite, and reformat the existing Zoning Ordinance. Our zoning specialists are focused on two key objectives: 1. Incorporate substantive changes necessary to ensure the Zoning Ordinance is consistent with and adequately implements the updated General Plan, Local Coastal Program and Climate Action Plan as well as state law, and other applicable regulations; and 2. Reorganize, format and structure the ordinance so that it: a. Is user-friendly; b. Updates and incorporates modern standards while protecting the conforming status of existing uses and structures; and c. Creates separate ordinances for the Coastal zone and non-Coastal Zone portions of the City. With respect to the substantive changes to the zones, uses, standards and procedures necessary to implement the GP and LCP, this scope assumes that City staff will provide a list of key implementation measures. Michael Baker will review the General Plan Update and related documents and work closely with staff to develop a thorough understanding and comprehensive list of necessary substantive changes. This list will serve as the guide for necessary substantive changes to zones, standards and procedures. We understand that the Signage, Density Bonus and non-conforming use standards have been recently updated and may only require minimal updates to conform to the General Plan or other laws and requirements. The Village and Barrio areas are subject to a separate master plan and are excluded from this Zoning Ordinance update. We are set to again provide the City with professional Planning services! As for the organizational and format revisions, the list of issues, recommendations and potential solutions as reflected in the scope of work outline for Phase 3 in the RFP is very thorough and comprehensive. There are many opportunities to significantly improve the organization and function of the zoning ordinance. • The current structure has virtually no hierarchy or structure at the chapter level. With over 70 chapters spanning over 500 pages, there are no sections, parts that organize the chapters based on their use or function. One must review and be familiar with the entirety of the code to find what is relevant to a particular user or application. Providing a logical hierarchy and internal organization and order will greatly improve the ability to understand, use and navigate the ordinance. • Much of the existing text is highly repetitive between chapters and zones. This provides an opportunity share such common provisions to streamline and reduce the length of the document. • The ordinance currently has no graphics or illustrations. Incorporating these will help simplify descriptions of complex concepts. It will also reduce the length of the text, but more importantly, provide greater clarity, certainty and understanding of key terms and provisions. We will use our library of graphics to augment and enhance the ordinance. Seo Level Rise, Local Coastal Program, Zoning Update I 15 ~-~ · -SCOPE OF SERVICES • There are no master schedules for permitted uses or development standards. These can also significantly reduce the length of the text while also providing a more comprehensive vision and understanding of the similarities and differences of the City's zones. • There appear to be numerous chapters and provisions that are redundant, no longer relevant and can be removed. • Many of the definitions are very long, contain subjective language and often use awkward and tortured language and run-on sentences. Some include standards that should be located elsewhere. Many would benefit greatly from use of an illustration. We expect to make many significant improvements in the definitions while maintaining the integrity of the ordinance. • The printed version published by General Code Publishers is difficult to read and navigate due to dual column format and lack of sufficient headers, font and spacing variation. We will design an easy to read and navigate ordinance. • While there is tremendous repetition of provisions between the various chapters and zones, there is also inconsistency in the use of many of chapter sections that we will rectify. We will address and evaluate all of the items in the RFP Phase 3 scope, including the items noted above, and will work closely with City staff to inventory and address finer issues that may be contained in staff notes or derived from interviews and stakeholder input (as appropriate). The notes and insight based on key practitioner's institutional knowledge are extremely valuable in ensuring a truly comprehensive effort and crafting a modern, user-friendly and effective code. We understand that users of the code interact with it in multiple ways including the on-line version hosted by MuniCode, the hard copy versions tracked and updated by Code Publishers, and downloaded and printed versions, as well as the source document that forms the basis of all future amendments. Each form of the Code has its advantages and disadvantages. We will make sure that the final ordinance serves all users well in all of its forms. Michael Baker also understands that the City has recently engaged a new vendor to update and reformat the Carlsbad Municipal Code (except Title 21, Zoning) and that the consultant and City project staff will coordinate on the technical details as needed. Approach -Ke ep it Simple, Clear and Easy Michael Baker has prepared dozens of zoning ordinances statewide. Through the many years, codes and clients, we have developed and maintained a consistent approach and mantra: Keep it simple, use clear language, and make it easy to use for everyone. These are the guiding principles that we use to evaluate, modify and develop new zoning ordinances and regulations. They help ensure the proper use, interpretation, application and implementation of the City's goals and policies. The early Phase 3 tasks can begin immediately while Phase 1 is being conducted and during the preparation of the Phase 2 LCP efforts since many of the early tasks are associated with the implementation of the broader General Plan update and re-organization objectives. In this manner, the preparation of the initial full drafts of the zoning ordinance updates will dovetail smoothly with and be directly informed by the final stages of the Phase 2 LCP. 16 I Proposal for City of carlsbad SCOPE OF SERVI CES As described more fully in the specific tasks below, we will create a logically and intuitively organized and formatted user-friendly code that implements the LCP, the Updated General Plan, and as well as State and Federal requirements. The RFP Phase 3 included a broad range of project objectives. All of the requested requirements and considerations set forth in the RFP Phase 3 scope have been incorporated into the following scope tasks. TASK C1 ZONING ORDINANCE UPDATE KICKOFF As the primary step in implementation of the updated General Plan and LCP, it is important that we start the project on a solid foundation. We will initiate the zoning ordinance update project with a kickoff meeting key members of the project team and City staff to set priorities, review, refine and adjust the scope as may be appropriate, and share all relevant documents and materials. We will also review key project milestones, preferred communication protocols, and expectations to ensure a successful project from the start. Michael Baker will prepare and share meeting summary notes to memorialize important decisions and guidance. TASK C2 ANALYSIS AND SUMMARY OF ZONING ORDINANCE ISSUES It is important that we have a thorough understanding of the City's expectations and objectives for the updated Zoning Ordinance before drafting can begin. This task will include a series of discussions with the City's planning staff to develop a comprehensive list of all zoning issues, opportunities and initial recommendations. The scope of Phase 3 objectives from the RFP will be the basis of this list. We will then review and include items identified through stakeholder interviews and prior stakeholder interviews. Where appropriate and available, we will work with staff to identify examples of projects and circumstances that we can review to obtain additional valuable insight into the use, function and issues that require attention. This task also includes review all City documents relevant to the Zoning Ordinance update, including but not limited to the General Plan, the existing Zoning Ordinance and Zoning Map, relevant community and specific plans, environmental guidelines, and any other planning policy or regulatory documents recommended by City staff. Upon final compilation, Michael Baker will review the RFP summary list with City staff to make sure we have captured all items. TASK C3 RECOMMENDED WORK PLAN Michael Baker will evaluate the comprehensive list of issues (provided in the RFP) identified in Task C2 aga inst best zoning practices and will prepare a comprehensive set of recommended revisions and a proposed work plan. This includes evaluation and "troubleshooting" all land use regulations, development standards, and review procedures. The comprehensive list will feature substantive changes necessary to: 1. Implement t he General Plan and LCP; 2. For organization and format of the ordinance to make it modern and user-friendly; and Sea Level Rise, Local Coastal Program, Zoning Update I 17 rP 1 SCOPE OF SERVICES 3. Update and modernize the uses, zones, standards, definitions and processes {while avoiding and minimizing creation of non-conformities). The work plan will detail the recommended revisions to each portion of the ordinance including organization, format, zone, and use consolidation, new and update of definitions, standards and processes. After allowing City staff an opportunity to review the recommendations, we meet with staff to review the recommendations in detail, set priorities and confirm the final scope and work plan. TASK C4 STAKEHOLDER INPUT We understand that stakeholder interviews were previously conducted for the zoning ordinance update, and as such additional engagement is not anticipated. Michael Baker will review the documentation and summaries of these efforts to ensure a full understanding of the input. If not done so previously, we recommend interviews with respected industry representatives and private users of the ordinance. We have conducted group workshop interviews for such projects that generated very valuable insight and recommendations that might not otherwise be obtained. If the City feels that the initial stakeholder input is adequate, we recommend that a workshop be held at a later date (e.g., after the first administrative draft) to test the principles and organization of an early draft code to provide confidence and support for its ultimate adoption. This component would consist of scheduled stakeholder meeting with respected industry professionals identified by the City staff who can identify issues of public interest relative to the City's development regulations and development review process. The workshop will begin with a brief explanation of the work program, schedule, and anticipated (or draft) products associated with the updated Zoning Ordinance. The attendees will then be asked for comments regarding their specific concerns, and suggestions on how their concerns might be addressed. This task includes up to one day of interviews at a convenient location. It is anticipated that City Communications staff will be responsible for identifying interviewees and scheduling interview/workshop time. Additionally, individual interviews would be offered to the City Council members and Planning Commissioners, if determined to be appropriate. TASK CS ZONING ORDINANCE FRAMEWORK ORGANIZATION Working in concert with City staff, Michael Baker will develop a logical and intuitive organization and chapter order based on purpose and function of the chapters and that reflect the ways users interact with code. This will include splitting the code into separate Coastal Zone and non-Coastal Zone ordinances. In general, the table of contents and the internal structure of chapters within an updated code or ordinance should be organized to reflect the sequence in which code/ordinance users most commonly need to find specific information. The Michael Baker team has devoted considerable attention to identifying principles for organizing, formatting, and otherwise presenting land use regulations in ways that significantly improve ease of use. The following is an example of a preliminary organization where chapters are grouped into sections or parts. Part One: Zoning Ordinance Authority and Applicability Part Two: Zones, Allowable land Uses, and Zone-Specific Standards 18 l Prop0sr1I for City of carlsbad o\ Part Three: Part Four: Part Five: Part Six: Part Seven: Part Eight: Site Planning and Development Standards Standards for Specific Land Uses Resource Management Permit Procedures Zoning Ordinance Administration Definitions SCOPE OF SERVICES For the Coastal Zone Ordinance, we will evaluate current use regulations and identify changes needed in permitted uses and conditional uses to implement the updated General Plan/Local Coastal Program, including such issues as: • Neighborhood-scale and land use compatibility • "Protected" uses including wireless telecommunications, religious uses, and others protected by federal and state law • Delineation of different kinds of open space or conservation areas, such as a new OS-HMP zone for open space lands within the Habitat Management Plan as desired by the Coastal Commission • Mixed-use development The Coastal Zone ordinance will likely deviate from the non-coastal zone ordinance with unique district identifiers such as a "C-" prefix and subtle modifications to parking, uses, and development standards to reflect the unique coastal circumstances. Overall, this re-organization will help with the next step of evaluating all of the similar sections for possible consolidation and elimination of repetitious, redundant and irrelevant provisions. TASK C6 ADMINISTRATIV E DRAFT ZONING ORDINANCE Michael Baker will prepare an Administrative Draft of the updated Zoning Ordinance. Work on the Administrative Draft would be divided into the following four subtasks that reflect the primary elements of an updated ordinance: 1) Zones & Related Standards; 2) General Zoning Standards; 3) Specific Use Standards; and 4) Procedural & Administrative Provisions, and Definitions. Throughout this task and sub-tasks, Michael Baker will seek opportunities to make the code more user- friendly. This includes: • • • • Using straight forward language with an active voice and short sentences and paragraphs to achieve brevity and clarity Simplifying, streamlining and clarifying existing standards and processes Updating, modernizing and adding missing, needed standards, processes, zones Incorporating illustrative graphics for appropriate terms, calculations, concepts and regulations Sea Level Rise, Local Coastal Program, Zoning Update I 19 32- SCOPE OF SERVICES C6.1 Zoning District Provisions Use Schedules. We strongly encourage the usage of use and development standard schedules to improve the use and understanding of the code. Even if not ultimately incorporated into the code, we intend to prepare such schedules or matrices to help evaluate and compare the existing zones. They help identify the similarities and differences that distinguish the zones, and help us determine where zones can be consolidated, eliminated or modified to improve performance. Based on evaluation of the schedules, we will evaluate the permitted uses and the required permit approval for each. The use schedules are grouped by major use types. They also help in the evaluation of whether some uses are no longer relevant and should be deleted, and whether new use types should be added. Many codes have developed very specific use types over many years. Often, many can be eliminated, or simplified as there is no reason to regulate them separately from other uses. Development Schedules. Michael Baker will create master schedules of the development standards for each zone (e.g., building envelope, setbacks, height, lot coverage, etc.), organized into user-friendly tables. As with the proposed use schedules, this will facilitate an evaluation and comparison of the zones, and help determine possible consolidation, elimination or modification to best implement the General Plan. Evaluation & Reduction of Zones In this task, Michael Baker will evaluate the existing zones with respect to the General Plan land use designations, and identify opportunities to reduce the total number of zones while ensuring consistency with the General Plana and LCP. There are approximately 35 zones including the various coastal and overlay zones. However, the draft General Plan Update identifies a total of 12 land use designations. There appears to be a great opportunity to reduce the total number of zones. We will use the use schedules and development standard schedules to compare and evaluate the General Plan designations with the existing zones. The schedules will also help us identify and track changes to the zones to help avoid and minimize the creation of non-conforming uses or structures as a resu lt of code or zone revisions. We understand that the E-A, R-A, R-E zones will be replaced by the new Low Density residential designation; that the R-P zone is no longer necessary since these districts no contain residential uses; and that the C-1 zone can be replaced by the C-2 zone. This task will also consider eliminating or modifying the C-M and M zones to achieve city's objectives for industrial development (existing and new development). Similarly, it may be possible to eliminate one of more of the overlay zones which may become obsolete with refinement of the remaining or new zones or modified development standards that more effectively implements the General Plan. Th is task anticipates the creation of new zones/standards as necessary to implement the updated General Plan, such as the R-30 Residential and the Public (P) land use designations, and a new OS-HMP open space zone for lands within the Habitat Management Plan. This task will consider creating zoning district chapters in place of a separate chapter for each zone (e.g., consolidate residential zone chapters into one residential district chapter). Consolidating all chapters/sections related to procedures, processes, notices and fees will also be considered. 20 I Proposal for c,tv of cartsbad SCOPE OF SERVICES Expanded Descriptions & Purpose Statements. This task will incorporate an expanded description and purpose statement for each zoning district, including a sample of the uses allowed within it. Our team will review each zoning district with City staff to ensure that specific allowable uses are appropriate in each zoning district and consistent with the purpose statements specified in the General Plan. New or modified (e.g., consolidated) zoning districts with appropriate uses and standards will be added as determined to be appropriate in consultation with City staff. C6. 2 General Zoning Standards Michael Baker will evaluate and consolidate the general zoning standards and regulations that apply in multiple zoning districts or use types. Completion of this subtask will provide the City with reorganized and easy to use and understand general zoning standards. Contents will likely include the following: • General site planning and zoning standards, including site access requirements; fences, hedges, walls, and screening; noise regulations; outdoor lighting standards; performance standards (e.g., air quality, glare, vibration); and other topics determined to be appropriate by City staff. • Affordable housing requirements, housing density bonus provisions, and related incentives, consistent with State law. • Landscaping standards, including specific requirements for preliminary and final landscape plan submittal and review. • Off-street parking and loading standards. • Sign standards. Although recently updated, this chapter could benefit from illustrative examples. Development of this portion of the ordinance will also include consideration of new standards or chapters for: • Site development design review for: o Mixed-use development o Infill development o Commercial and industrial development o Build-to lines, envelopes, or other building-form/design oriented standards • Specific plans • "Consistency/substantial conformance" determinations This task will also include and evaluation of the existing standards for: • Updated and new Parking standards/ratios • Planned development for condominiums versus apartments • Height limits for non-residential development • Non-residential planned development (permit vs. subdivision map) • Transitional and compatibility requirements to protect residential districts and public uses Sea Level Rise, Local Coastal Program, Zoning Update I 21 5--t • Pedestrian circulation, particularly in new commercial centers. • Hillside development definitions, policies and standards for natural and manufactured slopes and coastal zone applicability • Fl~odplain regulation updates • Modify standards to reduce the need overly common granted variances C6.3 Specific Use Standards The existing Zoning Ordinance includes a number chapters dedicated to special use standards and procedures. However, they are not grouped, organized or coordinated in any apparent way. We will sort and relocate such chapters and standards to more appropriate and relevant or related sections. Michael Baker will evaluate and organize these regulations that address standards for specific land uses that may include, but are not limited to, adult entertainment establishments, alcoholic beverage sales, animal keeping, bed and breakfast uses, child daycare facilities, cottage industries, gasoline sales, home occupations, mobile homes, recycling areas, second dwelling units, wireless and telecommunications facilities, and other uses as directed by City staff. This section will evaluate current standards related to maximum size and intensity of use, location, hours of operation, setbacks and screening, parking and loading locations, refuse collection, vehicular and solar access, screening of mechanical equipment and outdoor storage, any special standards for noise and odors not addressed. This task will also consider development of supplemental standards and limitations for condominium conversion and non-conforming beach area hotel protection and preservation methods. Completion of this subtask will provide the City with reorganized and easy to use and understand specific use standards. C6.4 Procedural and Administrative Draft Provisions Michael Baker will review, incorporate, and update the procedural and administrative provisions as determined to be needed by City staff. Completion of this subtask will provide the City with reorganized and easy to use and understand procedural and administrative provisions. It appears that there are chapters that are obsolete and may be able to be eliminated: Planning Moratorium, Dedication of Land and Fees for School Facilities. Contents will likely include the elements below. Some new types or classes of procedure may be noted below and recommended for consideration to help streamline the process and better align the need with the regulation or process without significant modification to the overall effect, intent or policy. • Purpose and applicability. Purpose and applicability of the updated Zoning Ordinance, administrative responsibility and authority, interpretation procedures, zoning permit fees, and provisions addressing pipeline applications. 22 I Proposal for City of carlsbad SCOPE OF SERVICES • Roles & Responsibilities. Definition of the roles of each project review authority, including the City Council, Planning Commission, City Planner, and any other necessary project review or decision-making bodies. • Permits & Procedures. Procedures for ministerial, discretionary and legislative approvals (e.g., Administrative Permits, Density Bonus Permits, Reasonable Accommodations, Site Plan Reviews, Temporary Use Permits, Conditional Use Permits, and Variances [consider major and minor]), amendments, appeals, permit modifications, permit time expirations and extensions, and public hearings and notice. Proposed procedures will emphasize efficiency, simplicity, and streamlined processing, while ensuring thorough and effective project review to achieve City objectives and comply with all applicable Federal and State laws. • Enforcement. Enforcement provisions, including legal remedies, permit revocations and modifications, procedural requirements, cost recovery related to enforcement actions, and the identification of the property owner/violator rights and procedures for appeal. • Definitions. Definitions of technical terms and phrases used in the Zoning Ordinance, including abbreviations. The current Definitions chapter is very long. It contains nearly 150 definitions. Some of the definitions are problematic in that they are very long, contain vague or subjective language, sometimes contain development standards that should be located elsewhere, and often involve concepts that are more readily described with the use of an illustration. A significant effort of this update will involve the review and modification of existing definitions to address these issues, to provide clarity and consistency with state law, to eliminate unnecessary and unused terms, and add new definitions as needed. There are more than one set of definitions within the zoning ordinance. Consideration will be given to locating all definitions in one definitions chapter. TASK C7 INTERNAL REVIEW OF ADMIN DRAFT ZONING ORDINANCE We will prepare an Administrative Draft Zoning Ordinance for review by the City's Project Manager, the City Planner, and City Counsel. The review may be conducted in phases as each major section of the Ordinance is completed. City staff will be responsible for compiling a comprehensive set of comments in Microsoft Word Track Change format for transmittal to Michael Baker. Following completion of the comments, City staff and Michael Baker will meet and/or conference call to discuss the comm_ents, answer outstanding questions, and provide direction to Michael Baker for preparation of the Preliminary Draft Zoning Ordinance. This task also includes a joint project update with the Planning Commission and City Council. At this joint workshop, a progress report will be provided to the Planning Commission and City Council. The report will summarize the work plan, project status and schedule, highlights of the most significant improvements, and seek guidance on any issues that require guidance or that may have policy, enforcement or other implications. Sea Level R,se, Local Coastal Program, Zoning Update I 23 r".1-C_Q_PE_QF SERVl_C.C:_$ __ TASK CS PRELIMINARY DRAFT ZONING ORDINANCE Based on comments and direction received during Task C7, Michael Baker will revise the Administrative Draft Zoning Ordinance and prepare and submit a Preliminary Draft Zoning Ordinance. Illustrative graphics will be incorporated during this phase of the ordinance preparation. City staff will be responsible for compiling a reduced-level set of comments in Microsoft Word Track Change format for transmittal to Michael Baker team. Following completion of the comments, staff and Michael Baker team will meet and/or conference call to discuss the comments, answer outstanding questions, and provide direction to Michael Baker for preparation of the Screencheck Draft Zoning Ordinance. This task will also include any additional zoning map updates that are necessary to implement the items included in this Zoning Ordinance update scope of work. TASK C9 SCREENCHECK DRAFT ZONING ORDINANCE Based on comments and direction received during Task C8, Michael Baker will revise the Preliminary Draft Zoning Ordinance and prepare and submit a Screencheck Draft Zoning Ordinance. City staff will be responsible for compiling a screencheck-level set of comments/minor r~finements in Microsoft Word Track Change format for transmittal to Michael Baker. Following completion of the comments, staff and Michael Baker team will meet and/or conference call to discuss the comments, answer outstanding questions, and provide direction to Michael Baker for preparation of the Public Hearing Draft Zoning Ordinance. TASK C10 PUBLIC HEARING DRAFT ZONING ORDINANCE Based on comments and direction received during Task C9, Michael Baker will revise the Screencheck Draft Zoning Ordinance and prepare and submit a Public Hearing Draft Zoning Ordinance. TASK Cll PUBLIC REVIEW AND ADOPTION Cll.1 Planning Commission Hearing Michael Baker will attend up to two public hearings with the Planning Commission to review the draft document. If desired by the City, Michael Baker will attend additional hearings on a time and materials basis. The hearing would be preceded by discussion with City staff to work out respective responsibilities, and review conclusions reached at the prior hearing, to the extent that "debriefing" did not occur immediately after the preceding hearing or later via telephone. During the hearing, we will provide support for Commission and public review by presenting the updated Zoning Ordinance in a fashion desired by the staff and the Commission, being available to answer questions about proposed provisions, discuss possible changes, and draft revised language in response to City staff or Commission direction, for consideration at the current or later hearings. 2 1 I Proposal for City of Carlsbac1 SCOPE OF SERVICES Cl 1. 2 City Council Hearing Michael Baker will attend up to two public hearings where the City Council considers the adoption of the updated Zoning Ordinance. If desired by the City, we will attend additional hearings on a time and materials basis. As was the case with the Commission hearing, we will provide support for City Council and public review by presenting the updated Zoning Ordinance in a fashion desired by the City staff and the City Council, being available to answer questions about proposed provisions, discuss possible changes, and draft revised language in response to staff or City Council direction, for consideration at the current or later hearings. C11.3 Screencheck Final Zoning Ordinance A Screencheck Final Zoning Ordinance will be prepared and provided to the City to verify that all City Council directed changes to the Public Hearing Draft Zoning Ordinance have been properly completed, and that all final graphics are acceptable. Cl 1 .4 Final Zoning Ordinance A Final Zoning Ordinance will be prepared and provided to the City. Cll.5 CEQA Compliance Recommendations Memo The preparation of a formal California Environmental Quality Act (CEQA) document is excluded with this scope of work. However, during Phase 3, Michael Baker will prepare a "CEQA Compliance Recommendations Memorandum," which shall discuss potential strategies to achieve CEQA compliance. The memorandum would outline recommended measures and/or appropriate CEQA documentations needs that should be completed. TASK C12 DOCUMENT DESIGN , ACCESSIBILITY AND NAVIGATION Michael Baker will develop an attractive, intuitive document design in both paper and electronic forms that is easy to read, access and navigate. It is important that the Ordinance be easy to maintain for the City and easy to access, navigate, search, copy, print, share and update for printable copy and web- hosting. Therefore, the Ordinance will be prepared using word processing tools available to the City, such as Word, Excel, and Adobe and basic web language (HTML, XML, etc.). The design options below will be coordinated with the City's publishing vendors MuniCode and General Code Publishers. C12.l Initial Menu of Recommended Designs Using a variety of examples from existing Ordinances and Codes, Michael Baker will prepare and present a menu of recommended features including alternative page layouts, format styles, navigational tools and features for City selection. Elements of style will include, but not limited to: Page orientation, margins, font type and sizes; heading hierarchy, headers and footers, section and page numbering conventions; line and paragraph spacing; identification of defined terms, hyperlink conventions and Sea Level Rise, Local Coastal Program, Zoning Update I 25 0~ ~lilllild =-~~COPE OF SERVICES _ format options; illustration rules; section breaks; table, schedule and matrix labeling, design, titles, and page breaks; etc. C12.2 Sample Design Alternatives Based on initial feedback from City staff, we will prepare three (3) sample alternatives for City review and comment. Based on feedback, we will prepare a preferred layout reflecting a combination of the most highly rated features. C12.3 Preferred Alternative Design The preferred alternative layout and navigation systems will be reviewed with City staff again to obtain direction on a final selection. C12 .4 Draft Final Format Parameters Based on comments on the first draft of the preferred format and layout, the designers will prepare the final format parameters for a final review and approval by City staff. This selected format will then be applied throughout the Ordinance as it is revised and updated. C12.5 Final Format Parameters This task will include a final round of format and revisions to make minor corrections, adjustments and enhancements that result from Michael Baker and City staff use during the revision and update process. C12. 6 References and Hyper/inks Michael Baker will systematically test and verify all references and hyperlinks during the Preliminary Draft and Screencheck Draft preparations. C12. 7 Style and Organization Maintenance Manual The selected document design parameters will be documented in a Style and Organization Maintenance Manual to help facilitate the proper amendment and maintenance of the Ordinance over subsequent years. TASK D1 MEETINGS, MANAGEMENT AND COORDINATION Over the course of the three phases, Michael Baker shall attend up to six (6) project meetings to discuss work progress, schedule and related issues in order to exchange information, discuss and resolve issues and to maintain progress of the Project. The leadership team shall supervise, coordinate, monitor and review conformance with state and federal standards, policies and procedures as related to this scope of work. This task includes management support which shall be provided to support resolution of Project scope and scheduling. Additional time for meetings can be added upon an approved contract augmentation. This task includes the submittal of monthly project progress reports, to be submitted via e-mail as PDF. Management and coordination time also includes communication with our 26 I Proposal for City of Carlsbad SCOPE OF SERVICES subconsultant, M&N, on day to day matters. Coordination includes telephone ca lls and e-mail, in addition to invoice/billing review, and QAQC processes. List of issues, in a matrix format, to be addressed (PDF) Zoning Ordinance Meeting Summary (PDF) Michael Bakers' analysis, summary, recommendations and work plan {PDF) Framework organization of the update zoning ordinances (PDF) Administrative Draft Zoning Ordinance {Word/PDF) Preliminary Draft Zoning Ordinance (Word/PDF) Menu of recommended features and alternative page layouts and format styles and navigational tools and features for City staff selection Screencheck Draft Zoning Ordinance (Word/PDF) Public hearing draft Zoning Ordinance (PDF) Screencheck Final Zoning Ordinance (Word/PDF) Final Zoning Ordinance. Michael Baker will prepare a final version of the updated Zoning Ordinance for delivery to the City for codification and publication (PDF). Final Zoning Ordinance; two camera-ready copies for reproduction and an electronic copy in MS Word format (e.g., digital disc copy) and a read-only (.pdf) version. Graphics will be provided in both a reproducible hard-copy form and in an electronic format (e.g., digital disc copy). Updated Zoning Map (PDF and GIS Files) Style and Organization Maintenance Manual (PDF) CEQA Compliance Recommendations Technical Memorandum (PDF) Planning Commission/Council Progress Report (PDF) Agendas, Minutes and Sign-In Sheets for the following meetings (Word/PDF): • One (1) City Meeting to Kick-Off Phase 3 • One (1) Stakeholder Meeting/Workshop • One (1) Joint City Council/Planning Commission Meeting • Two (2) Planning Commission Public Hearings • Two (2) City Council Public Hearings • Six (6) Project Meetings Monthly Project Progress Re_eorts {PDF) Sea Level Rise, Local Coastal Program, Zoning Update I 27 CARLSBAD SLR/LCP/ZOU ID ITask ITask Name I Duration Istart !Finish 3rd Quarter ,I 4th Quarter J 1st Quarter ,I 2nd Quarter I 3rd Quarte 1 ~I4th Quarter .I 1st Quar 0 Mode Jul IAualseo OctlNovlDec Jan IFeblMar AnrlMavlJun Jul IAualse octlNovlDec Jan Feblr 1 :J-Project Kick-Off Meeting 0 days 10/22/15 10/22/15 • 10/22 2 ,t-Phase 1: Sea Level Rise Analysis 72 days 10/22/15 1/29/16 3 ,t-Task Al: SLR 2050 / 2100 SLR Analysis 72 days 10/22/15 ' 1/29/16 --, 4 :J-Task A2: Risk Assessment 72 days 10/22/15 1/29/16 ,. I ~ 5 :J-Task A3: SLR Stakeholders and Agency Coordination 72 days 10/22/15 1/29/16 I .. 6 a,;. Phase 2: Local Coastal Program Update 190 days 11/2/15 7/22/16 I I 7 :J-Task Bl: Complete LCP LUP Update 6 mons 1/18/16 7/1/16 ~ I l 8 :J-Task 82: Community Participation 0 days 3/15/16 3/15/16 + 3/15 9 :J-Task 83: Coastal Commission Coordination 190 days 11/2/15 7/22/16 I 10 a,;. Phase 3: Zoning Ordinance Update 335 days 10/20/15 1/30/17 I 11 :J-Task Cl: Phase 3 Zoning Ordinance Update Kickoff 0 days 10/20/15 10/20/15 ~ 10/20 :J-Task C2: Analysis and Summary of Zoning Ordinance Issues 10/20/15 1/11/16 12 3 mons L 13 * Task C3: Recommended Work Plan 1 mon 1/12/16 2/8/16 14 :J-Task C4: Stakeholder Input 1 mon 2/9/16 3/7/16 15 * Task CS: Zoning Ordinance Framework Organization 3 mons 10/20/15 1/11/16 I -~ 16 * Task C6: Administrative Draft Zoning Ordinance 3 mons 4/12/16 7/4/16 '-.!'. I 17 ,t-Task C7: Internal Review of Admin Draft Zoning Ordinance 4wks 7/5/16 8/1/16 18 :J-Task C8: Preliminary Draft Zoning Ordinance 6 wks 8/2/16 9/12/16 .... 19 :J-Task C9: Screencheck Draft Zoning Ordinance 5 wks 9/13/16 10/17/16 l 20 :J-Task Cl0: Public Hearing Draft Zoning Ordinance 3 wks 10/18/16 11/7/16 ~ 21 ,t-Task Cll: Public Review and Adoption 1 mon 11/8/16 12/5/16 .J. :J-Task C12: Document Design, Accessibility & Navigation 2 mons 12/6/16 1/30/17 22 I 23 a,;. Meetings, Managerment and Coordination 335 days 10/20/15 1/30/17 I 24 :J-Task Dl: Meetings, Management, Coordination 335 days 10/20/15 1/30/17 I Task Project Summary I I Manual Summary Rollup Project: Carlsbad_SLP _LCP _Sched Split I I I I I I I I I ft I I I I I I I It I Inactive Summary n Manual Progress Milestone • Manual Task I I Summary I I Duration-only fl 1 P,H1P 1 Position TASK Billing Rate PHASE 1. • SEA LEVEL RISE ANALYSIS Task A 1: SLR 2050 / 2100 SLR Analysis TaskA2: Risk Assessment TaskA3: SLR Stakeholders and Agency Coordination Phase I Subtotal 8. PHASE 11 -LOCAL COASTAL PROGRAM LAND USE PLAN UPDATE Task 81: Complete LCP LUP Update Task 82: Community Participation Task 83: Coastal Commission Coordination Phase II Subtotal PHASE Ill• ZONING ORDINANCE UDPATE Task C1: Phase 3 Zonina Ordinance Uodate Kickoff Task C2: Analysis and Summary of Zonina Ordinance Issues Task C3: Recommended Work Plan Task C4: Stakeholder Input Task CS: Zoning Ordinance Framework Organization Task C6: Administrative Draft Zoning Ordinance Task C7: Internal Review of Administrative Draft Zoning Ordinance Task CS: Preliminary Draft Zoning Ordinance Task C9: Screencheck Draft Zoning Ordinance Task c10: Public Hea.rina Draft Zonina Ordinance Task C11: Public Review and Adoption Task C12: Document Desian, Accessibility & Naviaation Phase Ill Subtotal Task D1: Meetings, Management, Coordination OTHER DIRECT COSTS Subtotal for Tasks A1-D1, including Labor and ODCs 10% Contiaencv Budaet One-Time Subconsult.ant Mark Up at 5% Ion $82,030) TOTAL HOURS • Percent of Total Labor (Houra) TOTAL LABOR COSTS (Includes Optional Task) Team Members Scott Taylor, Principal Richard Beck, Project Manager Scott Jenkins. Coastal Specialist Tad Stearn. Coastal Specialist Dan Wery, Senior Planner Pam Johns, Senior Planner Tammy Seale. Senior Planner Chris Johnson, Planner MICHAEL BAKER INTERNATIONAL Project Principal Manager $28S $225 12 0 12 8 8 24 0 40 2 2 2 1 1 10 4 2 2 2 24 2 0 54 24 100 24 206 1% 7% $6,840 $48,350 Nora DeCuir, Planner Jenna Tourje, Planner Coastal Specialist $2211 8 8 16 120 10 80 210 0 226 7% $50,850 Chris Read, Environmental Analyst Amy Sinsheimer. Environmental Analyst Eli Krispi, Environmental Analyst Dana Hoffman, Environmental Analyst Alex Porteshawver, Environmental Analyst Senior Planner Planner $1811 $150 16 8 16 8 130 20 40 60 40 210 80 10 8 40 80 60 100 12 12 20 24 120 220 20 24 80 120 40 60 24 40 40 24 20 40 486 752 40 712 880 23% 28% $131,720 $132,000 METHOD OF COMPENSATION Environ. Analyst Clerical QAQC $140 $110 $235 2 8 0 0 10 249 29 20 10 100 369 39 0 1 2 2 12 2 2 60 0 81 0 369 120 10 12% 4% 0% $61,660 $13,200 $2,350 MOFFETT & NICHOL Senior Principal Hydrologist $220 $204 4 40 8 16 28 40 0 0 0 0 28 40 1% 1% $6,160 $8,160 Revell Coastal Coastal Specialist, David Revell Coastal Planner, Chandra Slaven Hydrologist $175 16 16 32 0 0 32 1% $5,600 Project Manager $165 40 40 140 220 0 0 220 7% $36,300 REVELL COASTAL GREENPOLE TOTAL Other Coastal Coastal Coastal Direct Specialist Planner Other Direct Economist Total TOTAL Costs $150 $110 Costs $85 Hours COST 24 134 $24,310 $100 16 96 $17,340 $360 16 120 $1.400 328 $50,840 $460 56 120 $1,400 0 558 $92,490 100 636 $99,400 108 $17,650 304 $54,500 0 0 0 0 100 1048 $171,550 21 $3,610 124 $20,070 164 $26,TT0 37 $5,565 47 $7,745 350 $57,450 50 $8.420 202 $33,250 102 $16,850 66 $10,890 88 $16,400 122 $16,750 0 0 0 0 0 1373 $223,770 164 $35,340 $3,550 $526,700 $52,670 $4,101 56 120 100 3,143 2% 4% 3% 100% $460 $8,400 $13,200 $1,400 $8,500 $583,471 Greenpole Research Coastal Economist, Nermin Nergis