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HomeMy WebLinkAboutHDR Engineering Inc; 2012-02-10;AGREEMENT WITH CONSULTANT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT EIR 11-02 QUARRY CREEK THIS AGREEMENT, made this lo^ day of fcbnfanj . 2012, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and HDR Engineering Inc. hereinafter referred to as "CONTRACTOR". RECITALS WHEREAS, the CITY has entered Into an agreement with Quarry Creek LLC hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as EIR 11-02, Quarry Creek Master Plan EIR, which is located and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor ofthe CITY. NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare an Environmental Impact Report on the subject project in accord with the California Environmental Quality Act as implemented by the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its implementing resolutions. In carrying out this obligation the CONTRACTOR'S duties shall include the following: (a) The CONTRACTOR shall, consistent with the Work Program contained in Attachment 2, (1) make ail necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory tests and analyses; (3) appear and be prepared to answer questions and prepare testimony on the final Environmental Impact Report at ail public 1 Rev 11-5-09 hearings before the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the requirements of this section. Before preparing the draft report, the CONTRACTOR shall submit ten (10) paper and ten (10) digital copies of a preliminary report (screen check EIR) to the City Planner for staff review. The CONTRACTOR shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. (b) CONTRACTOR shall prepare a draft report in compliance with the Work Program contained in Attachment 2 on file at the Planning Division (unless otherwise stated in this agreement), attached hereto and made a part hereof and with applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY twenty (20) copies (spiral or 3-ring binder), twenty-five (25) digital copies on CD and one digital copy on CD of all documents in a format that can be easily posted (i.e. broken down into chapters) to the City's website of the draft Environmental Impact Report to the CITY. (c) CONTRACTOR shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONTRACTOR shall so inform the City Planner who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. (d) CONTRACTOR shall prepare and file with the CITY written responses to all comments received subsequent to public notice that the draft Environmental Impact Report has been filed. CONTRACTOR shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Environmental Impact Report. (e) CONTRACTOR'S responsibility under this agreement is owed to the CITY, rather than the APPLICANT, who is not an intended beneficiary of this agreement. 2. CITY OBLIGATIONS 2 Rev. 11-5-09 (a) The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY will make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposed project. (c) The CITY will review the Preliminary Report presented by the CONTRACTOR within fourteen working days of their receipt and make written comments to the CONTRACTOR within that time period. (d) The CITY shall provide the CONTRACTOR with copies of all written comments received on the draft Environmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather conditions may delay the completion of field work. The CONTRACTOR will be allowed as many additional days as are necessary to compensate for days lost due to inclement weather. The CONTRACTOR shall submit to the CITY ten (10) copies of the Preliminary Environmental Impact Report within eight weeks of the signing of this agreement by both concerned parties. The CONTRACTOR shall submit to the CITY twenty-five (25) bound copies and twenty-five (25) digital copies on CD ofthe draft Environmental Impact Report within ten working days of the completed staff review of the Preliminary Environmental Impact Report. 4. PAYMENT The CONTRACTOR will be paid a maximum of $167.597.00 dollars for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Attachment 3 on file at the Planning Division. The CONTRACTOR shall be paid within 30 days, in response to invoice, for percent of the compensable services for the completion of the screen check draft Environmental Impact Report in accordance with Paragraph 1 above. The CONTRACTOR will be paid up to 3 Rev. 11-5-09 an additional ten (10) percent upon acceptance by the CITY of the response to comments from the CONTRACTOR, the final ten (10) percent will be paid, not to exceed the maximum amount provided in its agreement, within 30 days after receipt of invoice, to be submitted after the certification ofthe Environmental Impact Report by the City Council. 5. LIMITS OF THE OBLIGATION The limits ofthe obligation ofthe CITY under this agreement is the sum of $167,597.00 which amount is estimated to be sufficient to compensate the CONTRACTOR for all sen/ices performed hereunder during the terms of this agreement. In the event at any time it appears to the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify the City Planner. He will not perform any work or incur any obligation beyond said sum of $167,597.00 without appropriate amendment to this agreement. 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be fon/varded to the CITY or CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.090. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the City Planner who will inform a principal of the CONTRACTOR'S firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either 4 Rev. 11-5-09 additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other considerafion confingent upon, or resulfing from, the award or making of this agreement. For breach or violafion of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discrefion, to deduct from the agreement price or considerafion, or othen/vise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or confingent fee. 8. NONDISCRIMINATION CLAUSE The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT The CITY may terminate this agreement at any fime by giving written nofice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen days prior to the effecfive date of the termination. In the event of terminafion, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the services completed to the date of notice of determinafion. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not othenwise 5 Rev 11-5-09 settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to wrifing by the principal of the CONTRACTOR or the City Planner. A copy of such documented dispute shall be fonwarded to both parties involved along with recommended methods of resolufion which would be of benefit to both parties. The City Planner or principal receiving the letter shall reply to the letter along with a recommended method of resolufion within ten (10) days. If the resolufion thus obtained is unsatisfactory to the aggrieved party, a letter oufiining the dispute shall be fonwarded to the City Council for their resolufion through the office of the City Manager. The City Council may then opt to consider the directed solufion to the problem. In such cases, the acfion ofthe City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. CLAIMS AND LAWSUITS The CONTRACTOR agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigafion or in conjunction with litigafion. The CONTRACTOR acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CONTRACTOR may be subject to criminal prosecufion. The CONTRACTOR acknowledges that California Government Code Sections 12650 et sea., the False Claims Act, provides for civil penalfies where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entified to recover its lifigafion costs, including attorney's fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrafive debarment proceeding wherein the CONTRACTOR may be prevented to act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debarment by another jurisdiction is grounds for the City of 6 Rev 11-5-09 Carlsbad to disqualify the CONTRACTOR from the selecfion process. \ (Initial) The provisions of Cartsbad Municipal Code Secfions 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. —inifial) 12. STATUS OF THE CONTRACTOR The CONTRACTOR shall perform the services provided for herein in CONTRACTOR'S own way as an independent contractor and in pursuit of CONTRACTOR'S independent calling, and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in the request for proposal. The persons used by the CONTRACTOR to provide sen/ices under this agreement shall not be considered employees of the CITY for any purposes whatsoever. The CONTRACTOR is an independent contractor of the CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensafion to which the CONTRACTOR is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONTRACTOR or his/her employees or subcontractors. The CITY shall not be required to pay any workers' compensafion insurance or unemployment contribufions on behalf of the CONTRACTOR or his/her employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, refirement contribufion, social security, overtime payment, or workers' compensafion payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and CONTRACTORS that are included in this agreement. 13. OWNERSHIP OF DOCUMENTS All documents and materials prepared pursuant to this agreement are the property of the 7 Rev. 11-5-09 CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and othenwise use, in whole or in part, any reports, data, or other matenals prepared under this agreement. 14. REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 15. RELEASE OF INFORMATION BY CONTRACTOR Any reports, informafion or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organizafion by the CONTRACTOR without prior written approval ofthe CITY. 16. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the CONTRACTOR, any subcontractor, anyone direcfiy or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carisbad. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CONTRACTOR'S indemnificafion of City shall not be limited by any prior or subsequent declarafion by the CONTRACTOR. 17. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 8 Rev 11-5-09 18. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any employee or contractual relafionship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor of the subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in quesfion approved in wrifing by the CITY. 19. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negofiafing, making, accepfing or approving any architectural, engineering, inspecfion, construcfion, or material supply contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any execufive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirecfiy interested personally in this contract or any part hereof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversafion with any officer, agent or employee or the CITY, either before, during or after the execufion of this contract, shall affect or modify any of the terms or obligafions herein contained, nor shall such verbal agreement or conversation entitle the CONTRACTOR to any addifional payment whatsoever under the terms of this contract. 9 Rev. 11-5-09 21. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph 10, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. INSURANCE The CONTRACTOR shall obtain and maintain for the durafion of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connecfion with performance of the work hereunder by the CONTRACTOR, its 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 Rafing of not less than "A-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rafing in the latest Best's Key Rafing Guide of at least "A:X". A. Coverages and Limits. CONTRACTOR shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to 10 Rev. 11-5-09 the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CONTRACTOR'S work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensafion and Employer's Liability. Workers' Compensafion limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. CONTRACTOR shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an addifional insured on all policies excluding Workers' Compensafion. 2. The CONTRACTOR shall furnish certificates of insurance to the City before commencement of work. 3. The CONTRACTOR shall obtain occurrence coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the CONTRACTOR fails to maintain any of the insurance coverages required herein, then the City will have the opfion to declare the CONTRACTOR in breach, or may purchase replacement insurance or pay the premiums that are due on exisfing policies in order that the required coverages may be maintained. The CONTRACTOR is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR under this agreement. 11 Rev. 11-5-09 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the CONTRACTOR in connecfion with the foregoing are as follows: For City: Title: Senior Planner Name: Van Lynch Address: 1635 Faraday Avenue Carisbad. CA 92008 For Contractor: Title: Environmental Science Business Class Lead Name: Tim Gnibus Address: 8690 Balboa Avenue. Suite 200 San Dieao CA 92123 Architect/License Number: Architect/License Number: 26. BUSINESS LICENSE CONTRACTOR shall obtain and maintain a City of Carisbad Business License for the durafion of the contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the enfire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharges except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 12 Rev 11-5-09 Executed by CONTRACTOR this day of January ., 2012. CONTRACTOR: HDR Engineering, Inc. (Namepf^otflfe^tor) " By^ 1/^/OyC-^-v' (sign hsre) Richard Coles / vice President (print name/fitle) By: See Attached Certificate (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: (y'Cw\Co5tio /pSCity Manager OF-Mayor ATTEST: LORRAINE M. WOOD, City (print name/title) {Proper notarial acknowledgment of execution by CONTRACTOR must be attached). (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Othenvise, 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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney 13 Rev. 11-5-09 STATE OF CALIFORNIA COUNTY OF On 'SXn^fm\ \^ .4X)YL before me, W^V^t fx -"g^X^Vl Notary Public, personally appeared X\OYfKg/\ "^lAV^^ CJD\-^'S • . who proved to me on the basis of satisfactory evidence to be the*person(s)^hose namej(8^^1^>re subscribed to the within instrument and acknowledged to me that(fi^he/they executed the same ijjj^hor/thcir • authorized capacity(ies), and that by(^ipief/thetr signature's)- on the instrument the person^T or the entity upon behalf of which the persori(8facted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my>and and official seal. (Signature of Notary) MICHELLE A. BUSH Commission # 1929509 Notary Pubtic - California Orange County ^ My Comm. Expires Apr 17.20151 1 Rev. 12/17/2007 CERTIFICATE The undersigned hereby certifies that he is the Secretary of HDR Engineering, Inc., a Nebraska corporation, and that, as such, has custody of the minute books of the Corporatiori, and that, by Consent and Agreement of the Board of Directors dated May 18, 2011, the following resolution was unanimously adopted: "RESOLVED, that effective immediately and until June 20, 2012, or until termination of said individual from the Corporation, or until recision by the Corporation's Board of Directors, whichever occurs first, the following individuals are hereby granted the nondelegable authority to execute or approve on behalf of the Corporation, contracts for engineering services and architectural services incidental to engineering services to be rendered by the Corporation or releases of claim or lien in connection with such services, such contracts or releases so executed or approved shall be binding upon the Corporation: . William E. Bennett, Jr. - Senior Vice President ... . James A. Cathcart - Senior Vice President... . Thomas T. Kim - Senior Vice President... . Bassam C. Abi-Samra - Vice President... . Richard R. Coles - Vice President... . Jonny B. Rohrer - Authorized Representative ..." The undersigned further certifies that the foregoing resolution has been spread in full upon the minute books of the Corporation and is in full force and effect. DATED Or-^f' 1^-) .2011. (CORPORATE SEAL) Louis J. Pachman, Secretary NOT TO SCALE SITEMAP Quarry Creek Master Plan EIR 11-02 I he City of Carlsbad Environmental Impact Report Quarry Greek Master Plan Project 4. Scope of Work and Deliverables HDR will prepare an EIR for the proposed project that addresses all project components as well as current and future discretionary actions associated with implementation ofthe project. We understand that the CEQA document must ultimately be certified as reflecting the independent judgment of the City. We understand that City staff will review screencheck documents and provide comments, and our work will be responsive to the guidance provided by the City. HDR will work closely with the City throughout the CEQA process and will follow the City Environmental Review Procedures. HDR will prepare environmental documents that comply with the criteria, standards and procedures of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines [California Code of Regulations Section 15000 etseq.) as amended, the Carlsbad Environmental Protection Ordinance (Title 19 of the Carlsbad Municipal Code), and the regulations, requirements and procedures of any other responsible public agency or any agency with jurisdiction by law over the project. If there are any conflicts between the City of Carlsbad's requirements and those of any other agency, the City's shall prevail because the City is the CEQA Lead Agency. We will maintain a proper administrative record and file keeping as it relates to our tasks, from project start-up through certification ofthe Final EIR by the City Council. The EIR will assemble all available data, provide an independent evaluation of any existing data, originate new studies (where applicable), and provide an assessment of the probable short and long-term significant impacts and cumulative impacts of the project. The EIR will provide an evaluation of all feasible mitigation measures that could be carried out to reduce or eliminate adverse impacts of the proposed project. HDR will work closely with City staff to identify project altematives, which avoid or reduce project-related impacts and provide a quantitative, comparative analysis of each alternative. The following provides a detailed description of our proposed scope of services: Task 1 Project Initiation Project initiation will involve attendance at a kick-off meeting (see Task 10), initial data collection, and a site visit. In preparation for the kick-off meeting, HDR will prepare a list of data needs and a refined project schedule (based on the actual notice to proceed date). We will review and discuss the schedule at the kickoff meeting and make any further refinements as necessary. As an outcome ofthe meeting, the project team will have a clear understanding of the roles of each team member. Project goals and objectives will be identified and the project alternatives to be evaluated in the EIR will be confirmed. Subtask 1.1 Data Collection and Site Visit HDR will conduct initial data collection for the project and review the existing environmental database (e.g.'s Applicant-provided technical studies. Amended Reclamation Plan for the South Coast Materials Quarry and related environmental documentation and technical studies). We will review the Former South Coast Quarry Amended Reclamation Plan Final Subsequent EIR in detail, including the various comments and responses, which will provide a strong foundation for understanding various agency and community concerns regarding environmental issues germane to this project. We will conduct a site visit to obtain a full understanding of the existing environmental setting of the project site and surrounding land uses. Site photos will also be taken of the project area and included in the EIR as appropriate. 37 The City ofCarlsbad Eliuironmental Impact Report Quarry Creek Master Plan Project Subtask 1.2 Project Description HDR will prepare a Project Description ofthe proposed project, suitable for inclusion in the Notice of Preparation (NOP) and EIR. The purpose of this task is to ensure that we have a complete understanding of the project prior to commencing environmental analysis. We will prepare a Draft Project Description for review by the project team. We will finalize the Project Description based on project team review comments. The City will be responsible for the preparation and distribution ofthe NOP. Task 1 Deliverables: One (1) digital copy of the Draft Project Description for City/project team review and comment. One (1) digital copy of refined project schedule Task 2 First Screencheck Draft EIR HDR will prepare a First Screencheck Draft: EIR for the project. We understand the need for the environmental analysis to follow the thread of logic from beginning to end (i.e., setting, threshold of significance, impact, mitigation and conclusions) and that conclusions must be supported by fact. We understand that the role of an EIR is to identify substantial evidence that there may be a significant effect and where there is disagreement among experts, disclose the disagreement and state the lead agency's position. The EIR will include the sections listed below, and will follow the format requirements as identified in the RFP We will prepare an EIR Table of Contents / Outiine for review / approval by the city as a preliminary step in the EIR preparation process. Table of Contents The EIR will begin with a list of its contents including identification of all tables, figures and Technical Appendices. Introduction The Introduction will define the purpose, scope and legislative authority ofthe EIR, requirements of CEQA and other pertinent environmental rules and regulations. This section will also describe the EIR process, structure, intended uses of the EIR, required contents and its relationship to other potential responsible or trustee agencies. Supporting maps and figures will be provided. Executive Summary The Executive Summary will be prepared in accordance with CEQA Guideline §15123. This section will summarize the proposed project including the project's technical and economic characteristics. This section will identify each significant effect of the project, with proposed mitigation measures which would reduce that effect; known areas of controversy including issues raised by agencies and the public; and, issues to be resolved including the choice among alternatives and whether or how to mitigate significant effects. The Executive Summary will also include a list of required discretionary approvals and corresponding agency with approval authority. 38 The City of Carlsbad Enulronmental impact Report Quarry Creek Masier Plan Project Project Description The Project Description will be prepared in accordance with CEQA Guideline §15124, and provide the project location, including project location maps, within the regional context, and a description ofthe proposed project, including the proposed land use site plan and circulation. This section will provide an overview ofthe project's background and history. The Project Description will list the basic goals and objectives ofthe project. In addition, the section will identify the scope ofthe proposed project that will serve as the basis ofthe environmental analysis. Lastly, tiie Project Description will include a discussion of the environmental procedures and intended uses of tiie EIR, as well as list the discretionary permits and approvals required for project implementation. Maps and figures will be provided to support text descriptions as necessary. Environmental Setting The Environmental Setting will be prepared in accordance with CEQA Guideline §15125. The section will provide an overview ofthe local and regional physical environmental conditions. This section will describe the existing site conditions, including a description of the existing land uses and natural resources occurring on the project site, and importantly the Former South Coast Quarry Amended Reclamation Plan and how it relates to the context of the proposed project. Relevant plans and policies will also be discussed including tiie City's Housing Element and SANDAG regional plans. The Environmental Setting section will be detailed enough to constitute the baseline physical conditions by which impact significance can be determined. Consideration and Discussion of Environmental impacts We understand that a detailed Initial Study checklist will not be prepared as part ofthe initial steps, as the City has determined tiiat an EIR will be required for tiie project. Therefore, the Environmental Impact Analysis section will address all the environmental topics listed as potentially significant in the City's CEQA checklist, some of which will be readily identified as having no potential for an adverse environmental effect and can be treated briefly as "effects found not to be significant" (CEQA Guidelines §15128). Each ofthe environmental topics with the potential for significant impacts will be fully addressed pursuant to CEQA Guideline §15126, witii tiie EIR analysis including a description ofthe relevant environmental setting, criteria for determining significance of environmental impacts, potential environmental impacts, level of significance of environmental impacts, recommended mitigation measures to significantly reduce or avoid tiie significant impacts, and an analysis of significance or residual impacts after mitigation measures are applied. The EIR will provide an evaluation of feasible mitigation measures that could be carried out to reduce or eliminate adverse impacts ofthe proposed projecL Where several mitigation measures are available, the basis for selection from among these measures will be discussed. The discussion of mitigation measures will provide the background for findings under CEQA Guidelines §15091(a). Mitigation measures will be discussed in sufficient detail to provide the basis for the Mitigation Monitoring and Reporting Program, and comply with CEQA Guideline §15126.4. Environmental Issues to be Analyzed in the EIR: The following section summarizes the HDR Team approach to the primary technical analyses for tiie EIR. All text will be supported by figures, tables, and charts as appropriate. HDR will perform all EIR analyses, with the assistance of its subconsultants for preparation of certain technical studies, as identified below. Third-party review of Applicant-provided technical studies will be conducted, as appropriate, identifying Ihc City of Cailsba(-| Eliuironmental Impact Report Quarry Creek Master Plan Project any flaws/inadequacies in the analysis, and we will work with the applicable technical consultant who prepared the study to revise the analysis/report so that it is suitable for the EIR analysis and inclusion as a technical appendix. Aesthetics/Grading. The project site is located in a highly visible area, as roadwa3rs and developments in the surrounding area generally look down onto the site. Currentiy, a large portion (i.e., the 100-acre Quarry Parcel) ofthe site proposed for development has been disturbed associated with the aggregate mining operations; however, the panhandle portion of the site has remained in a generally natural condition. Some important natural and man-made features in, and surrounding, the project area include the EI Salto Falls on the site's eastern boundary and the Marron Adobe Historic District located to the north of the site. Buena Vista Creek traverses the site from east to west. A key view/perspective of the proposed project will be how the proposed project is viewed from the Marron Adobe site and whether the project would intervene between the Marron Adobe site and the El Salto Falls approximately .5 mile to the east. We understand that visual simulations of the proposed project, and including these perspectives, are currently under preparation, and will be available for inclusion in the Aesthetics/Grading section of the EIR HDR's role will be to review these simulations to ensure their technical adequacy and incorporate the simulations into the EIR analysis. The following approach is envisioned: 1. The existing aesthetic setting will be described in terms of public viewsheds, elevations, and topography, and existing views onto the site, landscape features, and applicable plans and ordinances related to visual aesthetics and grading (e.g.. General Plan policies. Hillside Develop- ment Regulations). 2. Visual simulations of the proposed project will be prepared (to be prepared by Helix). We will assist the City in identifying the appropriate viewpoints for the simulations. We anticipate that the visual simulations will show existing conditions and the proposed development condi- tions including proposed graded pads and graded pads vfith the proposed maximum building heights depicted, and retaining walls. HDR has in-house visual simulation expertise and will conduct a third-party technical review of the visual simulations prepared by Helix. We assume the project engineer will provide existing and proposed topographical information to HDR in CAD format. A maximum technical review of three views/visual simulations have been as- sumed for this scope of work. The visual simulation technical review will involve identification of any flaws in the methodologies and/or conclusions presented in the visual simulations. If any flaws or technical inaccuracies are identified, HDR will work with the visual simulation con- sultant to revise the simulations as appropriate. 3. Thresholds to determine the significance of impact will be identified. 4. The potential impact of the project will be evaluated including compliance with the City's General Plan, Zoning Ordinance, and Hillside Development Regulations. 5. Mitigation measures will be identified for any significant aesthetic impacts. 6. The level of significance after implementation of mitigation measures (if applicable) will be clearly stated. The CityofCarlsbad Quarry Creek Master Plan Project Agriculture. The project site is currentiy not utilized for agricultural resources; however, based on the California Department of Conservation Farming, Mapping and Monitoring Program (2008), portions ofthe site are mapped as Prime Farmland, Farmland of Statewide Importance, and locally important farmland. We will evaluate the proposed project's potential impact to agriculture as it relates to these mapping categories; however, we anticipate that this analysis will be provided within the "effects found not to be significant" (CEQA Guidelines §15128) portion ofthe EIR (no stand alone chapter would be required for this environmental issue area). Air Ouaiity. The proposed project will involve additional grading and construction activities (beyond those evaluated in the Reclamation Plan), and an increase in residential density above that currentiy contemplated as part of the growth assumptions in the California State Implementation Plan. HDR will utilize LDN Consulting to prepare the air quality assessment for the proposed project. All air quality impacts will be based upon Federal, State and Local Significance Thresholds. The following approach is envisioned: 1. Evaluate the existing conditions of the project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance. 2. Identify construction-related air quality impacts from associated construction activities at the project site which may include import/export of fill dirt, mass grading, etc. 3. A crystalline silica analysis is typically required if there is blasting or rock drilling. Incorporate the silica assessment into the study as appropriate to determine impact potential. 4. Evaluate operational emissions for the proposed project, based upon trip generation projections provided as part of the traffic study. Peak hour trips will be used along with estimates ofthe types of trips generated and average travel speeds to estimate daily emissions generated by the project. In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, and lawn care equipment will also be considered. 5. A CO Hot Spot analysis, if required, of future conditions at key intersections located in the project study area will be prepared in accordance with the Caltrans CO Protocol requirements as described in their "Transportation Project-Level Carbon Monoxide Protocol" fi-om the Institute of Transportation Studies, University of California Davis (UCD-ITS-RR-21), 1997. 6. If the project exceeds the Screening-Level Criteria for Air Quality Impacts as identified by the San Diego Air Pollution Control District (SDAPCD), more detailed analysis may be required to determine if the project exceeds the State or Federal AAQS. 7. Consistent with the SDAPCD a screening-level diesel health risk assessment will be prepared for emissions resulting from short-term project construction activity, specifically diesel particulate matter. 8. The results ofthe study will be provided in an air quality analysis report addressing the potential impacts associated with the development and provide several recommended air quality mitigation measures if applicable to the proposed project. piological Resources. The proposed project site contains a variety of sensitive biological resources, including native habitats, jurisdictional wetiands, sensitive plants, and avian species, both on, and adjacent to the site. A portion of the project site is located within a Hardline Preserve Area as identified in the City's HMP. 41 The City of Cai isbad Enulronmental Impact Retiort Quarry Creek Master Plan Project A biological technical report has been prepared by Helix Environmental Planning, Inc. (Helix) which will be utilized as the basis of preparation of the Biological Resources section ofthe EIR. HDR will conduct a third party review of the Helix biological resources technical report. The following tasks are envisioned: 1. HDR will conduct a third-party technical review of the Helix report. This review would involve a field review of the vegetation mapping and wetiand delineation prepared by Helix. HDR will survey the project site and confirm the vegetation and jurisdictional wetiand delineation mapping. If any inaccuracies are identified, revisions will be suggested in the form of a written letter report. 2. We will assess the project's consistency with the HMP, including modifications to the floodplain (as applicable) associated with the project. 3. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project vwU be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. Cultural and Paieontological Resources. HDR will utilize the cultural resources study prepared by ASM Affiliates for preparation of the Cultural Resources section of the EIR. We will utilize existing geotechnical information for the project site, as well as previous paieontological studies and information provided in the Former South Coast Quarry Amended Reclamation Plan Final Subsequent EIR to assess the potential for paieontological resources to be encountered as part of grading activities. HDR will conduct a third party review of the ASM Affiliates cultural resources technical report. The following approach is envisioned: 1. HDR will conduct a third-party technical review of the cultural resources report prepared by ASM Affiliates. HDR will evaluate the adequacy and accuracy of the information prepared for the reports to ensure that all work vras conducted in accordance with the "City of Carlsbad Cultural Resources Guidelines" (December, 1990). A brief reconnaissance of the property and any eligible resources will be conducted to assess current conditions and aid in the assessment of ASM's findings, potential project impacts, and proposed mitigation measures. Of particular focus will be an analysis of proposed recommendations for the one significant site that may potentially be impacted by the proposed project (recommended to be avoided). A letter will be prepared summarized the findings of the third-party review. 2. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project will be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. Geology/Soils. The Quarry Parcel portion of the property has been subject to aggregate mining operations and implementation of a reclamation plan. The panhandle parcel is undeveloped. Implementation of the project will involve an estimated 610,000 cubic yards of cut and fill, proposed to be balanced on-site. HDR will utilize the geotechnical reports prepared by Geocon, Inc. to prepare the Geology/Soils section of the EIR and conduct a peer review of the report. The following approach is envisioned: 1. The geologic setting will be described, and an evaluation will be conducted in terms of potential impacts related to unstable soils, remedial earthwork, landslides, rocky soils, fault rupture, seismic ground shaking, subsidence, settiement, surcharging, liquefaction, slope stability and groundwater impacts. 42 The City of Carlsbad Enulronmental Impact Report Quarry Creek Master Plan Project 2. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project will be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. 3. HDR will ensure that the mitigation measures identified in the geotechnical report are included in the EIR. Greenhouse Gas Emissions/Climate Change. The proposed project will result in increases in vehicular trips generated from the project site. Also, emissions will be generated during construction. GHG emissions associated with the project will need to be quantified, and an analysis of potential climate change impacts assessed. The project would also be evaluated with respect to applicable regulatory setting including plans and laws that address climate change. This includes Senate Bill 375 and SANDAG regional growth/sustainable communities strategies. Potential chmate change impacts would be addressed including effects to public health, water resources, agriculture, ecosystems/habitats, wildland fires, and rising sea levels. 1. Identify, characterize, and inventory any applicable GHG emissions currentiy being generated at the proposed project site. Evaluate applicable federal and state regulatory requirements (i.e., AB32). 2. Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Evaluate net increase in applicable GHG emissions associated with long-term mobile source activity. Data available from the project team and technical air quality analysis will be utilized in characterizing GHG-generating activities. 3. Blasting causes a formation of carbon monoxide and also to a lesser extent nitrogen oxides. For ammonium nitrate and ftiel oil (ANFO) mixtures, it is expected that nitrogen oxide would be generated. GHG emissions associated with the blasting will be quantified. 4. On-site stationary and area source activity will also be evaluated for GHG emissions, the primary source of GHG emissions on-site will occur from natural gas combustion. U.S. EPA Emission Factors and methodology will be utilized in the calculation process. 5. The emissions evaluation for short-term construction, long-term mobile source, and long- term stationary source activity will consider project design, and mitigation measures that have the potential to reduce GHG emissions. 6. The results of this study effort will be summarized in a stand along technical report. hazards and Hazardous Materials. During removal of fuel tanks in 1997 on the Quarry Parcel, diesel and gasoline impacted soil was detected. An on-going program of environmental investigation and remediation was begun in 1998. The source area excavation and current soil and groundwater remediation effort began in 2005. Site remediation activities are overseen by the San Diego County Department of Environmental Health (DEH) under the Local Oversight Program, Case Number H02509-001, and are also subject to Regional Water Quality Control Board Order No. R9-2002-0342. The project site is also located within and adjacent to areas of thick chaparral and grasslands that may pose a wildfire hazard. The following approach is envisioned: Ihe City of Cai ^bad Eliuironmental Impact Report Quarry Creek Master Plan Project 1. The existing data base regarding remediation activities wifl be reviewed and presented in the EIR as it relates to the proposed project Remediation activities will be described. 2. The City's Fire Marshall will be contacted to determine the acceptability of proposed development sites adjacent to any high fire hazard areas. It is anticipated that fuel management zones will need to be reviewed and approved by the Marshall. Any changes would need to be reflected in the proposed landscape plans, which in turn, could trigger modifications to the biological analysis with respect to impact acreages and mitigation requirements. Fuel modification zones would need to be in compliance with HMP standards. 3. Thresholds to determine the significance of impact will be identified. 4. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project will be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. Hydrology and Water Ouaiity. We consider hydrology and water quality to be critical engineering and environmental issues associated with the proposed project. Several technical studies have been prepared for the proposed project that address hydrology, drainage, water quality, and scour with respect to the proposed roadway bridge. Runoff from the proposed project will be tributary to Buena Vista Creek and the Buena Vista Lagoon. We will utilize the preliminary drainage report (PDC), drainage report (Chang Consultants), hydraulic and scour analysis (Chang Consultants), and storm water management plan (Rick Engineering) as the basis of preparation of the Hydrology and Water Quality section ofthe EIR. HDR will conduct a third-party technical review of these reports to ensure that all requirements of the latest City of Carlsbad's Drainage Master Plan and SUSMP are met. The following approach is envisioned: 1. HDR will review the drainage study for compliance with City of Carlsbad standards and CEQA requirements. This review will include an evaluation of the proposed drainage systems adequacy in regulating the discharge volumes and rates from the project site as it relates between pre- and post-development conditions. 2. HDR will review and comment on the hydraulic analysis for compliance with City of Carlsbad Floodplain Regulations and CEQA requirements. This includes review of City regulations and available floodplain mapping documents. 3. HDR will review and comment on the Storm Water Management Plan for compliance with City of Carlsbad standards and CEQA requirements. The scope of work will include analysis of Low Impact Design features incorporated into the project to evaluate whether the proposed features will, to the maximum extent practicable, allow the post-development hydrologic and hydraulic characteristics to mimic pre-development conditions. The scope would also include review of maintenance requirements for permanent BMPs, identified pollutants of concern, and potential impacts to receiving water bodies. 4. We will describe the existing hydrological setting of the project area. 5. HDR will evaluate the proposed drainage systems adequacy in regulating the discharge volumes and rates of drainage from the project site as it relates between pre and post- development conditions. 44 The City ofCarlsbad Enulronmental Impact Report Quarry Creek Master Plan Project 6. HDR will, based on a review of the Tentative map, site plans, and Storm Water Management Plan, verify if sufficient Low Impact Design features have been incorporated into the project, to the maximum extent practicable, to ensure the post-development scenario mimics tiie hydraulic characteristics of the project as compared to pre-development conditions. 7. HDR will either verify that the project qualifies as exempt from hydromodification requirements in accordance with the Final Hydromodification Management Plan (FHMP), or that the proposed hydromodification best management practices are adequate to meet the FHMP and SUSMP requirements. 8. HDR will evaluate all available floodplain mapping and source documents to determine the boundaries of tiie floodplain as they apply to the project site. Grade alterations proposed by the development shall be reviewed to determine their impact on the floodplain. The consultant shall also review the City of Carlsbad Floodplain Regulations to determine if the project is in compliance with the requirements contained within the ordinance. 9. HDR will evaluate the degree to which the project will alter existing drainage patterns to determine if a significant impact will be created. 10. HDR will address and recommend appropriate mitigation measures to reduce erosion potential onsite. 11. HDR will analyze and evaluate the potential impacts to Buena Vista Creek, Buena Vista Lagoon and/or Pacific Ocean and ensure that this project identifies all pollutants of concern, beneficial uses ofthe Buena Vista Creek, Buena Vista Lagoon, and/or Pacific Ocean, and tiie BMP measures required to address them. 12. HDR will evaluate the proposed project for National Pollutant Discharge Elimination System permit compliance. 13. HDR will ensure that maintenance of any permanent detention/pollution control basins is included in the EIR. 14. HDR will identify maintenance requirements of the structural BMP measures being implemented with this project. 15. HDR will ensure that all required mitigation measures identified in the Hydraulic Analysis, Drainage Study, and Storm Water Management Plans are included in the EIR. 16. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project will be identified. The level of significance aft^r implementation of mitigation measures (if applicable) would be clearly stated. I and Use Planning. A variety of existing, and planned land uses surround the project site. Directly to the north ofthe site are portions of Haymar Drive and SR-78 within the City of Oceanside. To tiie east is the Quarry Creek Shopping Center within the City of Oceanside. South ofthe project site, set back from the top of a large slope is Calavera Hills, a residential development within the City ofCarlsbad. To the west ofthe site is undeveloped land, including tiie Buena Vista Creek Ecological Preserve. The project will require tiie approval of numerous legislative and discretionary actions, with the major actions including General Plan Amendments (Land Use, Open Space and Conservation, and Circulation Element), Zone Change, The CityofCarlsbad Enuironinentai Impact Report Quarry Creek Master Plan Project Local Facilities Management Program Zone Plan (Zone 25), Hillside Development Permit, Habitat Management Plan Permit, and Special Use Permit (floodplain). The site has been identified for an increase in density in the City's Housing Element and as a "community center" in SANDAG regional planning efforts. The proposed General Plan Land Use Amendment would change the land use designation ofthe site from residential low-medium density (0-4 d.u.'s/ acre) to Medium High and High Density Residential, 12 and 22 d.u.'s/acre respectively. The following approach is envisioned: 1. The land use setting will be described in terms of all applicable land use plans and policies, existing on-site and off-site land uses, and planned on-site and off-site land uses. Exhibits will be provided depicting the location of existing and planned land uses, and the project's context to other applicable plans. 2. The project's consistency with land use plans will be analyzed. This analysis will include a detailed project analysis with respect to the project's consistency with the General Plan (and importantiy, the Housing Element), Carlsbad Habitat Management Plan, Carlsbad Zoning Ordinance (Titie 21) including the Growth Management, and Hillside Development Chapters, Floodplain Regulations, Open Space and Conservation Resource Management Plan, and SANDAG regional plans. 3. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project will be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. tloise^ The project site is located just south of the SR-78 freeway and Marron Road will be ex- tended through the site. Short-term impacts associated with grading and construction activi- ties, including rock blasting and crushing are anticipated. HDR will utilize LDN Consulting to prepare the noise analysis for the proposed project. The following approach is envisioned: Task 1: Initial Noise Report 1. Ambient sound levels will be taken at two separate locations onsite. Each monitor- ing position will be selected based upon the locations of future noise sensitive areas shown within proposed project site plan. Traffic counts will also be taken, as possible, simultane- ously during the monitoring event for noise modeling calibration. 2. Future Traffic noise will be predicted at all proposed noise sensitive receptor loca- tions. The proposed project traffic study will be utilized for future traffic input assumptions. The FHWA TNM, Version 2.5 noise modeling program or Caltrans' Sound 32 will be utilized as the main prediction model for the aforementioned noise sensitive receptor locations. 3. Once the initial noise model is set up, we will calibrate the prediction model utilizing the ambient noise measurements, geographical locations of those measurements and the simultaneous traffic counts performed in Item 1 above. 4. Utilize the noise prediction software to develop noise mitigation. Noise mitigation will be designed per the procedures outiined within the City's Noise Element of the General Plan and City of Carlsbad Noise Guidelines Manual. The acoustical design will be based upon both economic and functional goals set by the City. 46 Ttie City of Cat isbad Quarry Creek Master Plan Projeci 5. Using the project's traffic study, develop existing traffic noise contours at up to twenty (20) roadway segments in the project study area. Derive the ftiture with project noise contours at up to twenty (20) roadway segments in the project study area. 6. Calculate the direct project contributions by comparing the "with" and "without" project noise contours on the study area roadvray segments. Determine if direct impacts consisting of a 3 dBA increase will occur and if sensitive receptors exist along. The cumula- tive noise level increases will also be calculated to determine if a 3 dBA increase will occur in the near term fiiture. If cumulative impacts are found the project contributions will be determined by comparing the future with and without project. 7. The anticipated construction grading activities noise levels will be identified to determine if short term or cumulative impacts will occur at the adjacent property lines or identified sensitive habitat areas. If potential impacts are identified, feasible mitigation measures will be designed. 8. It is anticipated that blasting and a single rock crushing unit (typically 3-5 ton/day capacity) will be required as part of the construction operation. The rock crusher noise levels will be determined based on empirical data and propagated out to the surrounding sensitive land uses. If noise levels from the proposed rock crusher are found to exceed the City's threshold then mitigation measures will be recommended to reduce the noise levels below the threshold. 9. Prepare an initial noise report that summarizes the results of the analysis, identifies any impacts and required mitigation measures. Pnpulation/Housing. A General Plan Land use amendment will be required as part ofthe Master Plan approval in order to increase the residential densities of the project site. This would be in concert with the City's Housing Element and SANDAG regional growtii strategies. The following approach is envisioned: 1. The existing population/housing setting will be described in terms of existing population and housing on-site, housing/populations for the project area and the City and region as a whole. We will utilize information in the City's existing database and supplement this information with census data as appropriate. 2. The potential impact ofthe project will be evaluated. This will include quantification ofthe increase of housing and population on the project site, and a comparison to the General Plan, LFMP Zone 25 unit allovrances. 3. The potential for the project to induce growth either directly, or indirectly will be analyzed. 4. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project will be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. Public SerwrPit and Utilities. The project site is located within Local Facilities Management Zone 25. A LFMP Zone 25 Plan is under preparation, and would be approved as part of the legislative actions associated with this project. The Zone 25 LFMP would evaluate the existing and future development potential for the zone and the anticipated infrastructure necessary to support the 47 proposed project. As currentiy contemplated, the existing Simsbury and Marron Roads' sewer lift stations would be abandoned and a new connection would be made to the Quarry Creek public sewen Additionally, the project is subject to the provisions of Senate Bill 610; therefore, an SB 610 Water Supply Assessment is required for the project as over 500 dwelling units are proposed. We understand that the SB 610 WSA will be prepared by the City and provide for inclusion in the EIR. The following approach is envisioned: 1. The existing public services and facilities setting will be described in terms of existing services and facilities serving the site and shall determine the demands ofthe project for fire protection, police protection, schools, parks, other public facilities, water facilities, wastewater treatment facilities, solid waste facilities, and gas and electric service. 2. This section will evaluate water, wastewater treatment facilities, solid waste facilities, gas and electric service, fire protection, police protection, schools, parks, and other public facilities. Stormwater drainage facilities will be addressed in the Water Quality/Hydrology section ofthe EIR. 3. The potential impact of the project will be evaluated and a third party review of the LFMP will be conducted. This will include quantification of the increase of demand on the various public services and utilities, the ability to meet tiie demand, and any expansion or new construction of facilities created by this demand that may cause a physical impact to the environment. 4. The City's emergency response plans will be evaluated in conjunction with the proposed project to determine if the project will interfere with existing plans. 5. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project will be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. Transportation/Circulation. The proposed project will result in an increase in traffic generation in the area, which may impact adjacent roadways and intersections, both within the City of Carlsbad and the City of Oceanside. We understand that a traffic report will be prepared by Urban Systems Associates (USA), and that a third-party review will be conducted for the City by Kimley-Horn and Associates (KHA). The traffic operations ofthe project must meet the provisions of the City of Carlsbad's Growth Management Program. The following approach is envisioned: 1. HDR will utilize the USA traffic report, as amended or revised, based on the KHA third-party review as the basis of preparing the transportation/circulation section ofthe EIR. 2. A critical component of this analysis will be an evaluation of difference circulation network assumptions (e.g., Rancho Del Oro interchange) and the impacts associated with each. 3. Careful attention and disclosure will be important with respect to potential impacts to traffic facilities within the City of Oceanside. The City of Oceanside is currentiy in the process of preparing a Circulation Element Update and corresponding EIR. These documents will be assessed in detail as they relate to potential impacts of the project and the feasibility of implementation of mitigation measures and/or roadway improvements. Ihe CityofCarlsbad Enulronmental Impact Report Quarry Creek Master Plan Project 4. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project will be identified. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. Other CEQA Mandated EIR Sections The EIR will contain the following CEQA mandated sections: Significant Effects Which Cannot Be Avoided or li/litigated - In accordance with CEQA Guidelines Section 15126(b), this section ofthe EIR will describe the various significant effects that cannot be avoided or mitigated if the project is implemented. Significant Irreversible Environmental Changes - In accordance with Article 9 of the State CEQA Guidelines, the EIR will contain a discussion of the irreversible environmental changes that will result from the proposed project and unavoidable significant impacts. This section will discuss uses of nonrenevrable resources, long-term commitments of resources, and potential irreversible environmental damage that may result from environmental accidents associated with the project. Cumulative Impacts - The discussion of cumulative effects is an increasingly important analysis in EIRs. The Cumulative Impacts section will evaluate whether individual project impacts are cumulatively significant when viewed in combination with other projects. The section will discuss the potential of the proposed project to compound or increase adverse environmental impacts when added to other closely related past, present and reasonably foreseeable future projects and project impacts. BRG will work closely with City staff to identify cumulative projects. This section will discuss any indirect, cumulative impacts and evaluate compliance with adopted threshold standards and applicable policies and programs. Growth-Inducing Impacts - The Growth Inducement section will assess the potential ofthe proposed project to induce economic or population growth and the construction of additional housing, either directiy or indirectiy, in the surrounding environment. The analysis will evaluate the project relative to the phasing of community services and facilities to serve new development. An analysis ofthe LFMP/Growth Management Plan and its ability to provide adequate infrastructure to meet the demand as the project builds out will also be included. The section will discuss the potential for the use of large amounts of fuel or energy and evaluate the project's compliance with regional and local growth management policies. Alternatives The Alternatives section of the EIR will identify a reasonable range of alternatives that could feasibly attain the basic objectives ofthe project, but reduce significant impacts. Alternatives evaluation will be a critical component of the environmental review and mandated by CEQA. The alternatives will be fully defined and analj^ed in the First Screencheck Draft EIR submitted to the City. This section will include, at a minimum, three project alternatives: 1) the "No Project" which analyzes the existing conditions at the time the NOP is published as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on the current General Plan and consistent with available infrastructure and community services; 2) an "Alternative Site" Analysis which would analyze the same or similar project at an alternative location within the City based on consultation with City staff; and, 3) a "Reduced Project Alternative" Alternative which would involve a reduced level of development intensity. The analysis for each alternative will include a qualitative and qualitative comparative analysis for the relative environmental impacts and merits of each. 49 The City of Cailsbad Enulronmental Impact Report Quarry Creek Master Plan Project Impacts Found Not To Be Significant Areas of no significant impact identified in the Initiai Study and subsequent analysis for the EIR will be listed. The justification for such findings will be based on the Draft EIR analysis, since no Initial Study will be prepared. References, Persons and Agencies Contacted and EIR Preparation This section will include lists of all references and persons and agencies contacted in the preparation of the EIR. This section will also list all persons involved in the preparation of the document, their title and role. Technical Appendices The EIR Appendices will include a copy ofthe NOP, public comments on the NOP, and any technical studies prepared for the project. Task 2 Deliverables: Draft EIR Table of Contents / Outiine Ten (10) hard copies ofthe First Screencheck Draft EIR in three-ring binders (including Appendices) for City review and comment. Ten (10) digital copies of the First Screencheck Draft EIR on CD. Task 3 Second Screencheck Draft EIR HDR will prepare a Second Screencheck Draft EIR which incorporates the City's comments on the First Screencheck Draft EIR. The Second Screencheck Draft EIR will include the main EIR text, figures, and EIR technical appendices, as revised to reflect all City edits, comments, and recommendations. Certain comments may involve discussing options for addressing them in the environmental document, and our scope of work provides for a meeting with the City to discuss the First Screencheck Comments (see Task 10). Additionally, we will prepare the draft CEQA Findings of Fact and Statement of Overriding Considerations (if required) (see Task 8.1), and Mitigation Monitoring and Reporting Program (MMRP) (see Task 9.1) in concert with the Second Screencheck Draft EIR submittal. This approach is very helpful in ensuring that all significant impacts are clearly linked to recommended mitigation measures and provides a valuable consistency of the EIR document. Task 3 Deliverables: Ten (10) hard copies of the Second Screencheck Draft EIR in three-ring binders (including Appendices) for City review and comment. Ten (10) digital copies of the Second Screencheck Draft EIR on CD. City of Carl ronmental Task4 Draft EIR HDR will prepare a Draft; EIR for public review. The Draft EIR will incorporate City comments on the Second Screencheck Draft EIR, and all figures and appendices. We will also include the Draft Mitigation Monitoring and Reporting Program as part of the public review documentation. Our scope of work assumes the City will be responsible for the preparation and posting of the Notice of Completion and Notice of AvailabiUty of tiie Draft EIR, and distribution ofthe EIR to tiie appropriate agencies and individuals. Task 4 Deliverables: Twenty (20) hard copies of the Draft EIR in three-ring binders (including Appendices) for City Distribution. Twenty-five (25) digital copies of the Draft EIR on CD. Twenty-five (25) digital copies of the Technical Appendices on CD. One digital copy in a format suitable for posting on the City's website. Task 5 Response to Comments/Screencheck Final EIR HDR will prepare five (5) copies ofthe Screencheck Final EIR including Responses to Public Comments for City review and comment. Upon close of public review of the Draft: EIR, HDR understands our role will be to review all comments and prepare a summary of general comment categories. We will meet with City staff to discuss the general approach to responding to public comments. After agreeing to the approach, HDR will number each individual comment and prepare corresponding responses, including identification of responses that affect or supplement information contained in the Draft EIR. HDR will modify the text ofthe Draft EIR or add footnotes to the margins identifying relevant responses to comments. Our cost estimate (provided under separate cover) assumes a total of 200 individually numbered comments will be received on the Draft EIR. Please note a single comment letter may contain numerous numbered comments. The estimate ofthe level of effort in responding to comments is based on a moderate to high level of controversy. Task 5 Deliverables: Five (5) hard copies of the Responses to Comments/Screencheck Final EIR in three-ring binders. Task 6 Draft Final EIR HDR will prepare a Draft Final EIR that incorporates City comments on the Responses to Comments/ Screencheck Final EIR. The Draft: Final EIR would provide the City an opportunity to conduct a final review ofthe documentation prior to finalizing the document and producing the Final EIR for distribution to the Planning Commission, and subsequentiy, the City Councfl. The CEQA Findings of Fact/SOC (if necessaiy) and MMRP would be submitted in conjunction with tiiis task (see Tasks 8 and 9 below). Task 6 Deliverables: Five (5) hard copies ofthe Draft Final EIR in tiiree-ring binders (including technical appendices). 51 Fhe Cify of Catl<,ba(f Enuironinentai Impact Report Quarry Creek Master Plan Project Task 7 Final EIR HDR will incorporate City comments on the Draft Final EIR and prepare the Final EIR and all supporting CEQA documentation necessary for preparing the staff report and other agenda items as part ofthe Planning Commission and City Council hearings forthe projecL The Final EIR would be distributed to the Planning Commission and City Council, and would be provided to any public agencies the commented on the Draft EIR. Also, this document would be made available to the general public for review. Certified Final EIR and supporting CEQA documentation. HDR will also prepare a final copy of the Certified Final EIR. The Certified Final EIR would be prepared after the project approval/EIR certification process, and would consist of a clean (no strikeout, underlines, etc.) version of the document and all supporting CEQA documentation (i.e., CEQA Findings, MMRP). Task 7 Deliverables: Twenty-five (25) hard copies of the Final EIR in three-ring binders Twenty-five (25) digital copies of the Final EIR on CD One (1) un-bound reproducible copy of the Final EIR One digital copy ofthe CEQA Findings of Fact/SOC on CD One digital copy ofthe MMRP on CD One digital copy in a format suitable for posting on the City's website. Certified Final EIR, MMRP, CEQA Findings - Ten (10) copies in three-ring binders, and one Master CD Digital Copy. Task 8 CEQA Findings of Fact/Statement of Overriding Considerations Subtask 8.1 Screencheck CEQA Findings/SOC HDR will prepare a screencheck set of the Candidate CEQA Findings pursuant to CEQA Guideline §15091. HDR will prepare draft Candidate Findings to be submitted for City staff review at the Second Screencheck Draft EIR. HDR will identify project changes, alterations and required mitigation identified in the Draft EIR, which avoid or substantially lessen significant environmental effects. If there are mitigation measures or alternatives to the project identified in the EIR which could reduce the adverse consequences of the project but which are determined infeasible, HDR will provide the required CEQA findings, giving the specific economic, social or other conditions which render the mitigation measure or alternatives infeasible. Please note that development of these findings of infeasibility will likely require the active participation of the City and/or applicant to provide sufficient facts to support the findings. HDR will coordinate development of the necessary arguments to support CEQA Findings. In addition, the Candidate Findings will identify any changes or alterations that are within the jurisdiction of another public agency. Should the EIR conclude an impact is significant and unmitigable, HDR will prepare a Statement of Overriding Considerations (SOC) in accordance with CEQA GuideUnes §15093. HDR will work closely with the City to identify the specific economic, legal, social, technological, or other benefits ofthe project, which outweigh the unavoidable environmental effects. HDR wiU coordinate with the City to establish the evidence The City of Carlsbad Eliuironmental impact Report Quarry Creek Master Plan Project in the record to support overriding considerations. The Findings will foUow the format and stjde specified by the City. Subtask 8.2 Draft CEQA Findings/SOC HDR will prepare a revised draft set of CEQA Findings/SOC based on City review and changes to the screencheck CEQA Findings/SOC, as well as, any adjustments that are necessary as part of the public review process of the Draft EIR, responses to comments, and preparation of the Final EIR. Subtask 8.3 Final CEQA Findings/SOC HDR will prepare a final set of CEQA Findings/SOC based on City review and comment on the Draft CEQA Findings/SOC. This document wiU be the version that is ultimately included in the Planning Commission and City Council staff reports/agendas. Task 8 Deliverables: One (1) digital copy of Screencheck Findings/SOC One (1) digital copy of Draft CEQA Findings/SOC One (1) digital copy of Final CEQA Findings/SOC Task 9 Mitigation IVIonitoring and Reporting Program (MMRP) Subtask 9.1 Screencheck MIVIRP HDR will prepare a screencheck MMRP in accordance with Public Resources Code Section 21081.6(a)(1) and Califomia Code of Regulations Section 15091. The screencheck MMRP will be prepared and submitted to the City in conjunction with the submittal of the Second Screencheck Draft EIR. The MMRP will include a brief summary of the environmental impact; however, the associated mitigation measure will be included verbatim from the EIR in order to provide sufficient detail to address impacts at the project level. Each mitigation measure will reference the appropriate implementing permits to facilitate mitigation monitor- ing. For each project change, condition, or mitigation measure the program will include the following: Specific monitoring activities; • Implementation phase or milestone; Identification of the party responsible for implementation; • Identification of the party responsible for monitoring; Criteria for evaluating the success of each mitigation measure; and. Compliance verification criteria. 53 The City of Cai 'Slsad Enuironinentai Impact Report Quarry Creek Master Plan Project Subtask 9.2 Draft MMRP HDR will prepare a Draft MMRP incorporating City comments on the screencheck MMRP The Draft MMRP will be available for public review with the public-review Draft EIR. Subtask 9.3 Final MMRP HDR will prepare a Final MMRP based on any changes to mitigation measures as a result of public review and comment on the Draft EIR. Task 9 Deliverables: One (1) digital copy of Screencheck MMRP One (1) digital copy of Draft MMRP One (1) digital copy of Final MMRP Twenty (20) hard copies of the MMRP included with the Draft EIR in three-ring binders (including Appendices) for City distribution. One digital copy in a format suitable for posting on the City's website. Ten (10) copies in three-ring binders included with the Certified Final EIR One Master CD Digital Copy Task 10 Meetings and Hearings HDR commits attendance of our Principal-in-Charge/Project Manager for the following meetings: One (1) kick-off meeting with City staff to initiate the project, discuss work products and overafl project schedule. One (1) public scoping meeting to solicit input from the public on the scope and content of the EIR. Two (2) staff meetings to discuss and resolve issues related to preparation of the screencheck Draft EIR, etc. Two (2) staff meetings to review comments on the screencheck Draft EIRs (first and second screencheck). Two (2) staff meetings to review the responses to comments and Final Draft EIR Up to three (3) public hearings with presentations as necessary as determined by City staff. One (1) additional meeting as necessary. The C Ity of ( ailsbad Enulronmental Impact Report Quarry Creek Master Plan Project DELIVERABLES The following summarizes the deliverables to be submitted to the City as part of this scope of services: Task 1 Deliverables: One (1) digital copy of the Draft Project Description for City review and comment. One (1) digital copy of refined project schedule Task 2 Deliverables: Draft EIR Table of Contents / Outiine Ten (10) hard copies of the First Screencheck Draft EIR in three-ring binders (including Appendices) for City review and comment. Ten (10) digital copies of the First Screencheck Draft EIR on CD Task 3 Deliverables: Ten (10) hard copies ofthe Second Screencheck Draft EIR in three-ring binders (including Appendices) for City review and comment. Ten (10) digital copies of the Second Screencheck Draft EIR on CD. Task 4 Deliverables: Twenty (20) hard copies of the Draft EIR in three-ring binders (including Appendices) for City distribution. Twenty-five (25) digital copies ofthe Draft EIR on CD. Twenty-five (25) digital copies of the Technical Appendices on CD. One digital copy in a format suitable for posting on the City's website. Task 5 Deliverables: Five (5) hard copies of the Responses to Comments/Screencheck Final EIR in three-ring binders Task 6 Deliverables: Five (5) hard copies of the Draft Final EIR in three-ring binders (including technical appendices). Task 7 Deliverables: Twenty-five (25) hard copies of the Final EIR in three-ring binders Twenty-five (25) digital copies ofthe Final EIR on CD One (1) un-bound reproducible copy of the Final EIR One digital copy of the CEQA Findings of Fact/SOC on CD One digital copy of the MMRP on CD 55 The Citv of Cai sbad Enulronmental Impact Report Quarry Creek Master Plan Project One digital copy in a format suitable for posting on the City's website. Certified Final EIR, MMRP, CEQA Findings. Ten (10) copies in three-ring binders One Master CD Digital Copy Task 8 Deliverables: One (1) digital copy of Screencheck Findings/SOC One (1) digital copy of Draft CEQA Findings/SOC One (1) digital copy of Final CEQA Findings/SOC Task 9 Deliverables: One (1) digital copy of Screencheck MMRP One (1) digital copy of Draft MMRP One (1) digital copy of Final MMRP Twenty (20) hard copies of the MMRP included virith the Draft EIR in three-ring binders (including Appendices) for City distribution. One digital copy in a format suitable for posting on the City's website. Ten (10) copies in three-ring binders included with the Certified Final EIR One Master CD Digital Copy 56 The city of C Envlronmeni Contract Price and Allowable Cost 1. Itemized Fee Schedule This section provides HDR's fee proposal for the implementation ofthe environmental work program for the Quarry Creek Master Plan project. This fee estimate includes all CEQA documentation-related services to be rendered by the HDR Team. HDR will furnish all of the labor, technical, administrative, professional and other personnel, as well as all supplies and materials, machinery, equipment, printing vehicles, trans- portation, office space and facilities, calculations and other means, except those specified in the RFP to be furnished by the City or project applicant, necessary or proper to perform and complete the work and provide the services described in the Scope of Work and Deliverables section of this proposal. The total fee is broken down per task as outiined in the Scope of Work and Deliverables. Taskl $6,450.00 Task 2 $55,017.00 Task 3 $28,925.00 Task 4 $9,869.00 Tasks $13,668.00 Task 6 $5,068.00 Task 7 $3,611.00 Task 8.1 $3,271.00 Task 8.2 $1,730.00 Task 8.3 $985.00 Task 9.1 $2,458.00 Taisk9.2 $1,174.00 Task 9.3 $968.00 Task 10 $4,783.00 Other Direct Costs $6,610.00 Subconsultant* .'S23.0in.00 Total $167,597.00 Subconsultant cost includes 4 hours meeting time and 8 hours responses to comments. Other Direct Costs include but are not limited to: document printing miscellaneous reproduction, travel expenses, and postage. These reimbursable expenses will be tracked separately and broken out in our monthly invoices. All work identified in the Scope of Work will be performed at a "Not to Exceed" contract price of $167,597.00. This proposed fee assumes that there wiU be no change to the project description, plans, and technical studies once environmental analysis and document preparation commences. Modifica- tions to the above may require an adjustment to the proposed fee depending on the nature and extent of modification. Any potential adjustments would be discussed with City staff as appropriate.