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.