The URL can be used to link to this page

Home My WebLink AboutHDR Engineering Inc; 2017-10-13;AMENDMENT NO. 2 TO AGREEMENT FOR CONSULTANT SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT MARJA ACRES SPECIFIC PLAN EIR 2017-0001 HDR ENGINEERING, INC. This Amendment No. 2 is entered into and effective as of the ___ day of _____________ , 2020, amending the agreement dated October 13, 2017 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and HOR Engineering, Inc, ("Contractor") (collectively, the "Parties") for the preparation of an environmental impact report. RECITALS A.On July 30, 2019, the Parties executed Amendment No. 1 to the Agreement toprepare an environmental impact report; and B.The Parties desire to alter the Agreement's scope of work to the preparation of theenvironmental impact report for Marja Acres Specific Plan EIR 2017-0001; and C.The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.In addition to those services contained in the Agreement, as may have beenamended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed two hundred twenty-seven thousand nine hundred eighty-five ($227,985). 2.All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect. 3.All requisite insurance policies to be maintained by Contractor pursuant to theAgreement, as may have been amended from time to time, will include coverage for this Amendment. 4.The individuals executing this Amendment and the instruments referenced in it onbehalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 9/27/16 DocuSign Envelope ID: B9243420-0161-4931-8962-AC17BEA92328 7th July HOR ENGINEERING, INC., a Nebraska corporation � (si�e) CITY OF CARLSBAD, a municipal corporation of the State of California By: Qln Don Neu4u�0� (printna etitle) City Planner By: (sign here) (print name/title) ATTEST: Tamara McMinn for BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, orVice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __________ _ Assistant City Attorney City Attorney Approved Version 9/27/16 2 DocuSign Envelope ID: B9243420-0161-4931-8962-AC17BEA92328 EXHIBIT "A" SCOPE OF SERVICES AND FEE Task 1 Prepare revised Greenhouse Gas Emissions/Climate Change Section of the EIR HOR will prepare and/or otherwise revise (whatever method is more appropriate based on the new GHG technical study) Draft EIR Section 5.7 Greenhouse Gas Emissions/ Climate Change. This task would allow for one draft of the revised GHG section for review and comment by the project team. We assume only one round of revision to address/incorporate project team comments. HDR would provide the revised section to the team for review and confirmation that appropriate revisions have been made to address the project team's comments on the first draft. This task assumes that Ascent Environmental would peer review/approve the GHG technical study on behalf of the city prior to HDR incorporating the technical study into the EIR section. Deliverables: •Recirculated Draft EIR Section (electronic copy)•Revised Recirculated Draft EIR Section (electronic copy) Task 2 Prepare revised Transportation/Circulation Section of the EIR HOR will prepare and/or otherwise revise (whatever method is more appropriate based on the new traffic technical study) Draft EIR Section 5.14 Transportation/Circulation. This task would allow for one draft of the revised Transportation/Circulation section for review and comment by the project team. We assume only one round of revision to address/incorporate project team comments. HDR would provide the revised section to the team for review and confirmation that appropriate revisions have been made to address the project team's comments on the first draft. This task assumes that the city would peer review/approve the TIA prior to HDR incorporating the technical study into the EIR section. Deliverables: •Recirculated Draft EIR Section (electronic copy)•Revised Recirculated Draft EIR Section (electronic copy) DocuSign Envelope ID: B9243420-0161-4931-8962-AC17BEA92328 Task 3 Prepare Recirculated Draft EIR HOR will prepare a Recirculated Draft EIR that incorporates the revised GHG and Traffic technical studies. The Recirculated Draft EIR would be prepared pursuant to CEQA Guideline 15088.5(c), limited to only those portions of the EIR that require change. As a first step, HOR would prepare a Recirculated Draft EIR outline, which would define the chapters that would be included in the Recirculated Draft EIR, for project team concurrence. The Recirculated Draft EIR would then be compiled for project team review. HOR would incorporate one round of project team comments and prepare the public review Recirculated Draft EIR. Deliverables: •Twenty (20) spiral-bound hard copies of the Recirculated Draft EIR for Citydistribution. •Five (5) hard copies of the technical appendices. •Twenty-five (25) digital copies of the Recirculated Draft EIR on CD. •Twenty-five (25) digital copies of the Recirculated Draft EIR Technical Appendiceson CD. •One (1) digital copy in a format suitable for posting on the City's website. •One (1) digital copy of Recirculated Draft EIR in Word. Task 4 CEQA Notices HOR will prepare and transmit the Notice of Completion (NOC) to the State Clearinghouse, along with an electronic submittal of the Recirculated Draft EIR. HOR will also prepare the Notice of Availability (NOA) which would explain the Recirculated Draft EIR and request that reviewers limit their comments to the revised chapters or portions of the recirculated EIR (CEQA Guideline 15088.5(2). HOR will be responsible for publishing the NOA in a newspaper of general circulation. HOR would also be responsible for mailing the NOA to appropriate parties (assumes the same mailing as was done for the Draft EIR), and would post the NOA at the County Clerk's office. Deliverables: •Notice of Completion (electronic copy and 1 hard copy for transmittal to State Clearinghouse)•Notice of Availability (electronic copy and printed as part of Recirculated Draft EIR distribution and noticing) DocuSign Envelope ID: B9243420-0161-4931-8962-AC17BEA92328 Task 5Screencheck Responses to Comments/EIR Revisions HOR will prepare responses to comments received on the Recirculated Draft EIR. We will revise the EIR in response to comments, if applicable. HOR will provide the responses to comments (and any required EIR revisions) for project team review. Because these sections are new, we assume two rounds of revisions to address project team comments. As a component of this task, HOR will make changes to the existing Screencheck Final EIR (which includes existing responses to comments that may require updates to reflect the Recirculated Draft EIR). Deliverables: •Screencheck Response to Comments on Recirculated Draft EIR (electroniccopy)•Revised Response to Comments on Recirculated Draft EIR (electronic copy)•Final Response to Comments on Recirculated Draft EIR (included as part of FinalEIR digital and printed copies) Task 6 Update CEQA Findings of Fact and Mitigation Monitoring and Reporting Program (MMRP) HOR will update the draft CEQA Findings of Fact and MMRP to incorporate the Revised Draft EIR as appropriate. Deliverables: •Updated CEQA Findings of Fact and MMRP (electronic copy)•Hard copies to be provided in accordance with original contract Task 7 Meetings/Coordination and Project Management HOR will attend up to three additional meetings with the city and project team during the preparation of the Revised Draft EIR and Final Revised Draft EIR in order to discuss and resolve issues, etc. This task will also include additional project team coordination and project management activities. Fee: $43,500 Total Fee for original Agreement and all Amendments: $227,985 DocuSign Envelope ID: B9243420-0161-4931-8962-AC17BEA92328 AMENDMENT NO.1 TO AGREEMENT FOR CONSULTANT SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT MARJA ACRES SPECIFIC PLAN EIR 2017-0001 HDR ENGINEERING, INC. is entered into and effective as of the 3 QtJ:7 day of --~..._.__..__..'"-";:"....,.__------' 2019, amending the agreement dated October, 13, 2017 nd between the City of Carlsbad, a municipal corporation, ("City"), and HOR Engineering, nc, a Nebraska corporation ("Contractor") (collectively, the "Parties") for the preparation of an environmental impact report. RECITALS A. The Parties desire to alter the Agreement's scope of work to the preparation of the environmental impact report for Marja Acres Specific Plan EIR 2017-0001; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed one hundred eighty-four thousand four hundred eighty five dollars ($184,485). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. Ill Ill Ill /II /II Ill /II /II City Attorney Approved Version 9/27 /16 HOR ENGINEERING, INC., a Nebraska corporation By: (sign here) Thomas T. Kim, Sr. Vice President (print name/title) By: (sign here) (print name/title) By l ht- CitylV1anager or Mayor or Director ATTEST: c~A(Atm~ BARBARA ENGLESON /J8"eity Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ::LIA A;JR[ Attorney Assistant City Attorney City Attorney Approved Version 9/27/16 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE 1. Project Revisions/Technical Report Revisions. Subsequent to the preparation of the First Screencheck Draft EIR, the project was modified. This required revisions to various technical reports and project exhibits, which in turn, necessitated revisions to the EIR. Additionally, technical reports supporting the EIR document have been updated and/or otherwise revised multiple times to address project changes, team/peer review comments, and other changes. In an effort to facilitate the EIR schedule, HOR incorporated updated reports into the corresponding EIR sections in an iterative manner. This resulted in multiple revisions to various EIR sections beyond the number of screencheck submittals identified in our scope of work. The cost associated with this effort is $23,000. 2. Visual Simulations. HDR's sub-consultant, Planning Systems is responsible for the preparation of the visual simulations for the proposed project. Planning Systems has exceeded their original anticipated work effort as a result of the following factors: • Addition of deceleration lanes (2, one at each project entry) • Retaining walls along deceleration lanes • Landscaping changed due to deceleration lanes; also tree and plant species were changed • Some townhome layouts changed • Section of small townhomes were changed to large townhome product • Adding building color schemes to town homes (6 different color schemes) • Added a new visual simulation location along El Camino Real The cost associated with this effort is $5,033. Water Quality Peer Review. HDR's sub-consultant, REC Consulting is responsible for the third-party peer review of the water quality technical report(s). REC's peer review effort extended one cycle (i.e., a total of four) over the three rounds, and considering that we provide insight and help the Civil with the design The cost associated with this effort is $1,650. Total Amendment Fee -$29,683 City Attorney Approved Version 1 /30/13 3 CERTIFICATE The undersigned hereby certifies that she is the Assistant Secretary of HDR Engineering, Inc., a Nebraska corporation (the "Corporation"), and that, as such, has custody of the minute books of the Corporation, and that, by Consent and Agreement of the Board of Directors dated May 18, 2016, the following resolution was unanimously adopted: "RESOLVED, that effective immediately, and until June 20, 2017, 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: ... Brent R. Felker -Executive Vice President .. . . . . Randy N. Altshuler -Senior Vice President .. . . . . Amy A. Gilleran -Senior Vice President ... . . . Sharon M. Greene -Senior Vice President .. . . . . Thomas T. Kim -Senior Vice President ... . . . . Michael I. Schneider -Senior Vice President ... . . . Kip D. Field -Vice President ... . . . Paul S. Skager -Associate 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 ~ c).y, ,2016. ~~~~ Bonnie J. Kudr,Asst. Secretary Page 1 of 2 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis Towers Watson Midwest, Inc. fka Willis of Minnesota, Inc. r.~~N,;~ c~"· 1-877-945-7378 I FAX 1-888-467-2378 c/o 26 Century Blvd IA/C No\: P.O. Box 305191 ~D~~SS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURERS: Ohio Casualty Insurance Company 24074 HDR Engineering, Inc. Liberty Insurance Corporation 42404 1917 South 67th Street INSURERC: omaha, NE 68106 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: W12091706 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF ,~g)-J%~1 LTR TYPE OF INSURANCE •••~n •~•n POLICY NUMBER IMM/DDNYYY\ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -0 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence\ $ 1,000,000 A X Contractual -Liability MED EXP (Any one person) $ 10,000 y y TB2-641-444950-039 06/01/2019 06/01/2020 2,000,000 PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 =7 0PRO-0LOC 4,000,000 POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ ✓ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 /Ea accident\ f--✓ X ANY AUTO BODILY INJURY (Per person) $ A f--OWNED -SCHEDULED y y AUTOS ONLY AUTOS AS2-641-444950-049 06/01/2019 06/01/2020 BODILY INJURY (Per accident) $ f--HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY / Per accident\ $ f--- $ UMBRELLA LIAB MOCCUR EACH OCCURRENCE $ 5,000,000 B -X EXCESS LIAB CLAIMS-MADE y y EU0(20) 57919363 06/01/2019 06/01/2020 AGGREGATE $ 5,000,000 ,/ DED I I RETENTION$ $ WORKERS COMPENSATION XI ~ffruTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N C ANYPROPRIETOR/PARTNER/EXECUTIVE 8 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A y WA7-64D-444950-019 06/01/2019 06/01/2020 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess Liability on a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation applies on General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by written contract and as permitted by law. Umbrella/Excess policy is Follow Form over General Liability, Auto Liability and Employers Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad Attn: Laureen Ryan AUTHORIZED REPRESENTATIVE 1635 Faraday Ave ~~vdku Carlsbad, CA 92008 © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 18290825 BATCH: 1293208 AGENCY CUSTOMER ID: __________________ _ LOC#: --------- ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Midwest, Inc. flta Willis of Minnesota, Inc. HDR Engineering, Inc. 1917 South 67th Street POLICY NUMBER 0maha, NE 68106 See Page l CARRIER I NAICCODE See Page l See Page l EFFECTIVE DATE: See Page l ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Project: Marja Acres EIR. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 18290825 BATCH: 1293208 CERT: W12091706 Policy Number: TB2-641-444950-039 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): All locations owned by or rented to the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to operations at a single designated "loca- tion" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damag- es because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Location General Aggre- gate Limit. CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be at- tributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section Ill -Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 Policy Number: TB2-641-444950-039 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All construction projects not located at premises owned, leased or rented by a Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 □ B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section Ill -Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © .Insurance Services Office, Inc., 2008 CG 25 03 05 09 POLICY NUMBER: TB2-641-444950-039 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a c ontract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 0413 © ISO Properties, Inc., 2012 Page 1 of 2 □ SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization with whom you have Any location where you have agreed, through agreed, through written contract, agreement or writtencontract, agreement or permit, to provide permit to provide additional insured coverage. additionalinsured coverage Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: TB2-641-444950-039 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrQanization(s) Location And Description Of Completed Operations Any person or organization to whom or to which Any location where you have agreed, through you are required to provide additional insured written, contract, agreement or permit, to provide status in a written contract, agreement or permit additional insured coverage for completed except where such contract or agreement is operations. prohibited. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB2-641-444950-039 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT -SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: Where required by written contract. If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV -Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV -Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". LC 24 20 02 13 © 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: AS2-641-444950-049 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2-641-4 4 4 950-04 9 Issued by: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED-NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s); Any person or organization where the Named Insured has agreed by written contract to include such person or organization Regarding Designated Contract or Project: Any Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 0811 © 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: TB2-641-444950-039 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: AS2-641-444950-049 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract of the contract requires you to obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04441013 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by contract or written agreement prior to loss. Issued by: For attachment to Policy No WA?-64O-444950-019 $ Issued to: Effective Date 6/01/2019 WC 00 0313 Ed. 4/1/1984 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Premium Policy Number TB2-641-444950-039 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY -UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Email Address or mailing address: Organization(s): As required by written contract or As required by written contract or written written aQreement aQreement Number Days Notice: 30 A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 04 03 14 © 2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS2-641-444950-049 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY -UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Email Address or mailing address: Organization(s): Per Schedule on File Number Days Notice: 30 A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 04 03 14 © 2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF MATERIAL CHANGE We will not make changes that reduce the insurance afforded by this policy until written notice of such reduction has been delivered to those scheduled below at least 30 days before the effective date of the material change to the insurance afforded by this policy. Our failure to provide notice under this endorsement will not affect the validity of the changes except as it relates to the person or organization listed below. __ N_AME As required by written contract or written agreement ADDRESS In no event will the notification be less than the minimum days required for notification by state statute. Notification will be provided to all parties in a manner as required by state statute, if any. This endorsement is executed by the Liberty Insurance Corporation Premium: Effective Date: 6/1/2019 Expiration Date: 6/1/2020 For attachment to Policy No: WA7-64D-444950-019 Countersigned by ____ ,---,-,---,----:-=------:----- Authorized Representative WC 992015 Page 1 of 1 Ed. 09/01/2010 End. Serial No. Copyright 201 O Liberty Mutual Group of Companies. All Rights Reserved WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY NOTICE OF CANCELLATION TO THIRD PARTIES WC 99 20 74 Ed. 12-16 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below by email as soon as practical after notifying the first Named Insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Name of Other Person(s) / Organization(s): As required by written contract or written agreement SCHEDULE 30 Days All other terms and conditions of this policy remain unchanged. Issued by For attachment to Policy No. WA?-64D-444950-019 Effective Date 6/01/2019 Premium$ Issued to ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 6/1/2020 7/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 PHONE rt~ Nol: ,.,,. No. Extl· Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# 1NsuRERA: LexinQ:1:on Insurance Comoanv 19437 INSURED HDR ENGINEERING, INC. INSURERS: 1429583 1917 SOUTH 67TH STREET INSURERC: OMAHA NE 68106 INSURER D: INSURERE: INSURER F: COVERAGES * CERTIFICATE NUMBER· 16219572 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR 1~i: TYPE OF INSURANCE '"'"n un= POLICY NUMBER COMMERCIAL GENERAL LIABILITY ~=:J CLAIMS-MADE □ OCCUR ~ ----------- ~ ----------- GEN'L AGGREGATE LIMIT APPLIES PER. ~ □PRO-□ POLICY JECT LOC OTHER. AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY ~ UMBRELLA LIAS H OCCUR EXCESS LIAS CLAIMS-MADE DED I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Y/N □ N/A If yes, describe under DESCRIPTION OF OPERATIONS below A ARCH& ENG PROFESSIONAL LIABILITY N NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE N 061853691 POLICY EFF POLICY EXP IMM/DDIYYYYl IMM/DDIYYYYI 6/1/2019 6/1/2020 LIMITS EACH OCCURRENCE DAMAGE TU RENTED PREMISES (Ea occurrence) MED EXP (Any one person) $ xxxxxxx $ xxxxxxx $ xxxxxxx PERSONAL & ADV INJURY $ XXXXXXX GENERALAGGREGATE $ XXXXXXX PRODUCTS -COMP/OP AGG $ XXXXXXX COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ xxxxxxx $ xxxxxxx BODILY INJURY (Per accident) $ )(_XJQ(_)(_X_X i~?-~2c~~t?AMAGE - - $ XXXXXXX $ xxxxxxx EACH OCCURRENCE $ xxxxxxx AGGREGATE $ xxxxxxx $ xxxxxxx PER I I OTH-' STATUTE ER EL EACH ACCIDENT $ XXXXXXX EL DISEASE -EA EMPLOYEE $ XXXXXXX E.L. DISEASE -POLICY LIMIT $ XXXXXXX PER CLAIM $1,000,000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) MARJA ACRES EIR. CERTIFICATE HOLDER 16219572 CITY OF CARLSBAD ATTN: LAUREEN RYAN 1635 FARADAY AVE CARLSBAD CA 92008 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All rights reserved. The ACORD name and logo are registered marks of ACORD AGREEMENT WITH CONSUL TANT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT THIS AGREEMENT, made this~ day of L(,,,11)~ , 2ofi, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and HOR ENGINEERING, INC., a Nebraska corporation, hereinafter referred to as "CONTRACTOR". RECITALS WHEREAS, the CITY has entered into an agreement with New Urban West, Inc., hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as Marja Acres Specific Plan EIR 2017-0001 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 of the 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 all necessary and required field explorations, reviews and tests; (2) make all necessary and required analyses; (3) appear and be prepared to answer questions and 1 CA 4/30/2015 prepare testimony on the final Environmental Impact Report at all public 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 the required copies of preliminary reports (first and second Screen Check Draft 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 spiral-bound copies, digital copies and the other deliverables specified in Attachment 2 plus a reproducible master 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 (a) The CITY will make payment to the CONTRACTOR as provided for in this 2 CA 4/30/2015 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 endeavor to 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 five spiral-bound and five digital copies of the First Screen Check Draft Environmental Impact Report within nine weeks of the signing of this agreement by both concerned parties. The CONTRACTOR shall submit to the CITY twenty spiral-bound copies of the Draft Environmental Impact Report plus associated deliverables in Attachment 2 within ten working days of the completed staff review of the Second Screen Check Draft Environmental Impact Report. 4. PAYMENT The CONTRACTOR will be paid a maximum of $154,802 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, based on the percentage of tasks completed according to Attachment 3 of the compensable services for the completion of the Draft Environmental Impact Report in accordance with Paragraph 1 above. The final 1 O percent 3 CA 4/30/2015 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 of the Final Environmental Impact Report by the City Council. 5. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum of $154,802 which amount is estimated to be sufficient to compensate the CONTRACTOR for all services 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 $154,802 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 forwarded 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 additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 4 CA 4/30/2015 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 consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent 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 time by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, 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 determination. 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 otherwise 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 writing by the principal of the CONTRACTOR or the CITY PLANNER. A copy of such documented 5 CA 4/30/2015 dispute shall be forwarded to both parties involved along with recommended methods of resolution 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 resolution within ten ( 10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the 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 litigation or in conjunction with litigation. 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 prosecution. The CONTRACTOR acknowledges that California Government Code Sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrative 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 Carlsbad to disqualify the CONTRACTOR from the selection process. ___ (Initial) The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. ____ (Initial) 6 CA 4/30/2015 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 services 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 compensation 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' compensation insurance or unemployment contributions 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, retirement contribution, social security, overtime payment, or workers' compensation 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 CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. 7 CA 4/30/2015 14. REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights wt1ich 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, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organization by the CONTRACTOR without prior written approval of the 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 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except wt1ere caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. 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 indemnification of City shall not be limited by any prior or subsequent declaration 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. 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 8 CA 4/30/2015 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 relationship 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 question approved in writing 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 negotiating, making, accepting or approving any architectural, engineering, inspection, construction, 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 executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part hereof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 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. 9 CA 4/30/2015 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 Carlsbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 24.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10 CA 4/30/2015 24.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 24.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 24.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 24.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 24.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 24.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 24.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 24.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 24.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 24.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase 11 CA 4/30/2015 replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 24.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 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 connection with the foregoing are as follows: For City: Title: Name: Address: For Contractor: Title: Name: Address: 26. BUSINESS LICENSE Principal Planner Teri Delcamp 1635 Faraday Avenue Carlsbad, CA 92008 Environmental Business Class Lead Tim Gnibus 8690 Balboa Avenue, Suite 200 San Diego, CA 92123 CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire 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. Ill Executed by CONTRACTOR this _.,J=I __ day of ~"i 12 , 20 lt: CA 413012015 CONTRACTOR: HOR ENGINEERING, INC. a Nebraska corporation (Name J-')ont':'ci:) By:l/!:._ (sign here) Thomas T. Kim, Sr. Vice President (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal By: of the State of California epartment D.!!:._ectp~ GI~~-.J~ ~· ATJEST: . \ !JJVY"Cu¼b :Ruk. 71Z~vJ I~ BARBARA ENGLESON, City Clerk l· (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. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (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: ::L~~=r~ ss;ant City Attorne 13 CA 4/30/2015 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On June 21, 2017 before me, Jennifer Fridrich Thoren, Notary public (insert name and title of the officer) personally appeared _T_h_o_m_a_s_T_._K_i_m __________________ -----,--------,-- who proved to me on the basis of satisfactory evidence to be the person($) whose name(.81 is/~ subscribed to the within instrument and acknowledged to me that he/~/tbey executed the same in his/h,flf/the!fr authorized capacity(~). and that by his/he'r/~ir signature(;rj on the instrument the person($), or the entity upon behalf of which the person~) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Jfjft ~--\:Nl::R~l:(;Tt:JR;N ft~ . .,,...; . Notary Public -California z I .-..-~ Los Angeles County i Commls,ion 12197334 - My Comm. Expire, Jun 11, 2021 / Sig nature"=-:p.L.-"'+---+-=::.......J..:.-'·\_Q)::c=..v:....:\.L=--=--\JV--=----(Seal} CERTIFICATE The undersigned hereby certifies that she is the Assistant Secretary of HOR Engineering, Inc., a Nebraska corporation (the "Corporation"), and that, as such, has custody of the minute books of the Corporation, and that, by Consent and Agreement of the Board of Directors dated May 18, 2016, the following resolution was unanimously adopted: "RESOLVED, that effective immediately, and until June 20, 2017, 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: ... Brent R. Felker -Executive Vice President .. . . . . Randy N. Altshuler -Senior Vice President .. . . . . Amy A. Gilleran -Senior Vice President ... . . . Sharon M. Greene -Senior Vice President .. . . . . Thomas T. Kim -Senior Vice President ... . . . . Michael I. Schneider -Senior Vice President ... . . . Kip D. Field -Vice President ... . . . Paul S. Skager -Associate 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 ~ ;~Y,, 2016. k{Ld'.Z<t~ , Asst. Secretary City of Carlsbad Marja Acres Specific Plan GPA16-05 / ZC 16-04 I SP 16-03 / LCPA 16-05 / CT 16-07 / PUD 16-09 I CDP 16-33 / HOP 16-02 I SUP 16-02 N A 0 150 300 900 --==:::::::1----=====:=::JFeet 600 Map created by the City of Carlsbad GIS. Portions of the DERIVED PRODUCT contain geographic information copyrighted by SanGIS. All Rights Reserved Scope of Work & Deliverables HDR will prepare a Project EIR that addresses all project components. 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 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 et seq.) 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 of the 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 Attachment 2 City of Carlsbad I Marja Ac(eS EIR I-)~ the probable short and long-term significant impacts and cumulative impacts of the project. The El R 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 alternatives, 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 of the meeting, the project team will have a clear understanding of the roles of each team member. Project goals and objectives will be identified as well as potential alternatives to be evaluated in the El R. AB 52 Consultation Pursuant to the RFP, we understand that the City will manage the mandated agency consultation(s) with the San Luis Rey Band of Mission Indians under AB 52 for this project. 63 SUBTASK 1.1 DATA COLLECTION AND SITE VISIT HDR will conduct initial data collection for the project and review the existing environmental database, including the Applicant-provided technical studies. 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. SUBTASK 1.2 PROJECT DESCRIPTION HDR will prepare a Project Description of the proposed project, suitable for inclusion in the 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. Notice of Preparation and Scoping As part of the Project Initiation effort, HDR will review the Notice of Preparation prepared by City staff and provide comments and/or edits if warranted. (Because an EIR will be prepared, preparation of a CEQA Initial Study Checklist is not required). Our scope of work assumes that the City will be responsible for the distribution of the Notice of Preparation (NOP). The HDR Project Manager will prepare for, and attend, one EIR scoping meeting for the project (see Task 10). We will assist City staff with the presentation, including preparation of a PowerPoint. Our scope assumes that the City would be responsible for securing the appropriate venue for the scoping meeting (e.g., community center or library meeting room). 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. • Administrative Record. 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 City of Carlsbad I Marja Acres EIR 1-)~ 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. 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 of the El R, 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. 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 of the proposed project, including the proposed site plan and other types of infrastructure improvements. This section will provide an overview of the project's background and history. The Project Description will list the basic goals and objectives of the project. In addition, the section will identify the scope of the proposed project that will serve as the basis of the environmental analysis. Lastly, the Project Description will include a discussion of the environmental procedures and intended uses of the 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. 64 Environmental Setting The Environmental Setting wi ll be prepared in accordance with CEQA Guideline §15125. The section will provide an overview of the local and regional physica l environmental conditions. This section will describe the existing site conditions, and importantly the planning context of the proposed project, including the LFMP, Loca l Coasta l Plan, and HMP. Relevant plans and policies will also be discussed including the City's Housing Element, Density Bonus Ordinance and regulations such as the City's hillside development ordinance. The Environmental Setting section will be deta il ed enough to constitute the baseline physical condition s by which impact significance can be determined. Environmental Impact Analysis As discussed under Task 1, a CEQA Initial Study checklist is not proposed to be prepared as part of the initial steps in the environmental review process. Therefore, the Environmental Impact Analysis section is currently anticipated to address al l the environmental topics listed in the CEQA Checklist; however, severa l of these topics are expected to be addressed in the "Effects Found Not to be Significant" Section (CEQA Guidelines §15128), such as Mineral Resources . Each of the environmental topics with the potential for significant impacts will be fully addressed pursuant to CEQA Guideline §15126, with the EIR analysis including a description of the relevant environmental setting, criteria for determining significance of environmental impacts, potential environmental impacts, leve l of significance of environmental impacts, recommended mitigation measures to significantly reduce or avoid the significant impacts, and an ana lysis of City of Carlsbad I Marja Acres EIR CEQA Guidelines §1509l(a). M itigation 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 HOR Team approach to the primary technical analyses for the EIR. A ll text will be supported by figures, tables, and charts as appropriate. HOR will perform all EIR analyses. Technical support would be provided for preparat ion of the Visual simulations (to be prepared by Planning Systems), and the Phase I Environmental Assessment (to be prepared by Leighton and Associates). Third-party review of Applicant-provided technical studies will be conducted, as appropriate, identifying 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 El R analysis and inclusion as a technical appendix. Aesthetics/Grading. The project site is readi ly visible from surrounding locations, including residential neighborhoods in the vicinity of the project site, and public roadways such as El Camino Real. Topography of the site is varied, and slopes meet the City's criteria for a Hillside Development Permit. The project will involve mass grading, and retaining walls will be required to create a terraced development and to address circulation and drainage. Also, the project will involve import of fill. Th e grading plan would be reviewed and described in more detail as part of the EIR scope of work. significance or residual impacts after r------------~:!".'l!!~~:'!ffl~lllll!!IIIBR~~Z;..iiiiJ 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 of the proposed project. Where several mitigation measures are available, the basis for se lection from among these measures wi ll be discussed. The discussion of mitigation measures will provide the background for findings under This photo shows the flatter portion of the site and the hillsides in the southern portion of the site subject to Hillside Development Permit regulations. 65 In order to address, and convey to the general public and decision-makers, the change from existing conditions that will occur as a result of the project, and to substantiate the evaluation of potential impacts associated with Aesthetics/Grading, the HDR Team will prepare visual simulations of the proposed project. HDR will utilize Planning Systems to prepare the visual simulations, the work to be conducted by a licensed landscape architect. Planning Systems has prepared visual simulations for several El Rs in the City, including Quarry Creek and Poinsettia 61. 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 Development Regulations, El Camino Real Corridor Development Standards). 2. Visual simulations of the proposed project will be prepared by Planning Systems, under the direction of HDR which will depict existing conditions, graded pads, and proposed maximum building heights and mass. A total of three visual simulations/viewpoints is proposed, which will be determined through coordination with the City to ensure the appropriate viewpoints for the simulations are established. The visual simulations will show existing conditions and the proposed development conditions including proposed graded pads and graded pads with the proposed maximum building heights depicted, and retaining walls. The visual modeling effort associated with the visual simulations is anticipated to be greater as compared to other recent projects due to the numerous buildings and building types proposed. We assume the Applicant's project engineer will provide existing and proposed topographical information to HDR in CAD format. HDR will also conduct a visual simulation technical review which 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 Planning Systems to revise the simulations as appropriate. 3. Thresholds to determine the significance of impact will be identified. 4. The potential impact of the project grading design will be evaluated including compliance with the City of Carlsbad I Marja Acres EIR I-)~ City's General Plan, Zoning Ordinance, and Hillside Development Ordinance. 5. Mitigation measures will be identified and recommended for any significant aesthetic impacts. 6. The level of significance after implementation of mitigation measures (if applicable) will be clearly stated. Agriculture. The project site is not zoned for any agricultural use. However, based on the California Department of Conservation (DOC) Farming, Mapping and Monitoring Program (2014), portions of the site are mapped as Important Farmlands including Farmland of Statewide Importance, Unique Farmland, and Farmland of Local Importance; however, the Local Coastal Plan considers the site not important for coastal agriculture. CEQA Guidelines Appendix G includes these DOC mapped farmland categories as categories that must be considered as part of potential project impacts to agricultural resources (i.e., Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use. Certain agricultural land is subject to a mitigation fee as determined by the City of Carlsbad according to Table 3 of the Guidelines for Biological Studies (City of Carlsbad 2008). HDR will evaluate whether this mitigation fee is applicable to the proposed project as part of the EIR analysis in this section. 1. Thresholds to determine the significance of impact will be identified. 2. The potential impact of the project to agricultural resources will be evaluated. 3. Mitigation measures will be identified and recommended for any significant agricultural resources impacts. 4. The level of significance after implementation of mitigation measures (if applicable) will be clearly stated. Air Quality. The proposed project will involve site grading, including import of fill material, and other construction activities that will be a source of short-term air emissions. Operational emissions will be associated with traffic and energy use. HDR will utilize the Air Quality and Greenhouse Gas Analysis Report (LSA Associates) to support preparation of this section of the EIR. 66 We have assumed that the Air Quality and Greenhouse Gas Analysis Report will include an evaluation of construction emissions, off-site vehicle emissions, on-site mobile and stationary equipment emissions, and GHG emissions. The study should also include an analysis of the off-site CO hotspots. The project will also need to be reviewed for consistency with the City's updated CAP project checklist (GHG report review and CAP consistency to be conducted by Ascent Environmental). (Note: HOR will also use the energy calculations to support the preparation of an energy analysis for the proposed project in accordance with CEQA Guidelines Appendix F: Energy Consumption, which would be provided in a separate section of the El R). The project is located in the City of Carlsbad which is within the jurisdiction of the San Diego Air Pollution Control District (SDAPCD). The San Diego Air Basin (SDAB) is attainment or unclassified for all federal standards except the 2008 8-hour ozone standard and nonattainment for the State standards of ozone, PM10, and PM2.5. The project's consistency with the State Implementation Plan would also be analyzed. 1. The existing air quality and GHG regulatory setting will be described. 2. HOR will utilize the Air Quality and Greenhouse Gas Analysis Report (prepared by LSA) as the basis of preparing the Air Quality and GHG section(s) of the EIR. Our scope assumes that Ascent would be responsible for the peer review of the GHG portion of the combined Air Quality/Greenhouse Gas Emissions Report. 3. HOR would conduct a peer review of the Air Quality portion of the Air Quality/Greenhouse Gas Emissions report. This effort would involve a review for adequacy of methodology and conclusions related to the report's evaluation of construction emissions, off-site vehicle emissions, and on-site mobile and stationary equipment emissions. We will review the reports presentation of applicable federal, State, and local rules and regulations regarding criteria pollutants; local ambient air quality conditions; meteorological and topological influences of local climate; existing nearby emission sources, odor analysis, and air toxics, including diesel particulate matter during construction. 4. Thresholds to determine the significance of impact will be identified. City of Carlsbad I Marja Acres EIR 1-)~ 5. The potential impact of the project will be evaluated including construction and operational project emissions of criteria pollutants, compliance with the City's Climate Action Plan, federal and state air quality standards, and regional air quality plans. 6. Mitigation measures will be identified and recommended for any significant air quality/ GHG impacts. 7. The level of significance after implementation of mitigation measures (if applicable) will be clearly stated. Biological Resurces. According to the City's HMP, the project is identified as a "developed area." This designation will considerably reduce the level of effort typically needed to prepare the biology resources section of the EIR, as HMP Compliance issues are not anticipated to play a factor into the EIR analysis. The approximately 20 acre site is largely disturbed due to historic use of the site for agriculture, as well as the development of existing commercial and residential uses, and including the nursery and pottery store. HOR will utilize the Biological Resources Letter Report (Helix Environmental Planning) as the basis of preparation of this section of the EIR. HOR biologists will conduct a third party review of the Biological Resources Letter Report as part of this effort, and will identify any data or analysis gaps that are needed in order to complete the Biological Resources section of the EIR. The following tasks are envisioned: 1. HOR will conduct a third-party technical review of the Helix letter report in accordance with the "City of Carlsbad Guidelines for Biological Studies." This review would involve a brief field review of the vegetation mapping and wetland delineation (if applicable, although not expected) prepared by Helix. HOR will briefly survey the project site and confirm the vegetation mapping. If any inaccuracies are identified, revisions will be suggested in a brief e-mail. 2. We will assess the project's consistency with the HMP, including direct and indirect impacts and mitigation measures, performance standards, etc. 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. 67 Cultural and Paleontological Resources. A cultural resources evaluation has been conducted for the project site and no previously-recorded archaeological resources have been identified within the project site, although a shell scatter, identified as not significant was located during the cultural survey. The site is highly disturbed as a result of previous, and current uses of the site. HDR recognizes that the general project area is known for the sensitivity for containing cultural resources, and understands that sites have been identified within a one- mile radius of the project site as part of the records search for the project. The two potentially historic structures located on-site have been identified as non-significant. HDR will utilize the cultural resources study prepared by Brian F. Smith and Associates for preparation of the Cultural Resources section of the EIR. HDR cultural resource specialists will conduct a third party review of the Brian F. Smith and Associates cultural resources technical report as part of this effort, and will identify any data or analysis gaps that are needed in order to complete the Cultural Resources section of the EIR. In addition, HDR will conduct an evaluation of the potential for paleontological resources to be on the site based on the geological formations that underlay the site (e.g., the paleontological-sensitive Santiago Formation). We will utilize geological information available from the geotechnical report to assess the sensitivity of the formations that underlie the site. Mammoth fossils were uncovered during the grading of the adjacent Robertson Ranch Master Plan project, and more recently, the Quarry Creek Master Plan project located further north. In both of those cases, EIR mitigation measures had been prescribed to address the potential to encounter significant fossils during construction based on the evaluation of the potential paleontological sensitivity of the geologic formations. These measures helped to ensure the proper recovery and preservation of these paleontological resources. AB 52. As stated in the RFP, the City will be responsible for the AB 52 consultation for this project. The following approach is envisioned for Cultural and Paleontological Resources Section of the El R: 1. HOR will conduct a third-party technical review of the cultural resources report prepared by Brian F. Smith and Associates. HOR will evaluate the adequacy and accuracy of the information prepared for the reports to City of Carlsbad I Marja Acres EIR 1-)~ ensure that all work was conducted in accordance with the "City of Carlsbad Cultural Resources Guidelines" (December 1990), and that AB 52 requirements are met. The third-party review will evaluate the methodologies and conclusions for legal and scientific adequacy and accuracy. If any inadequacies are identified, these will be conveyed to the City so that the appropriate revisions can be made to the technical report. Any finalized technical report (if applicable) would be incorporated into the El R section. 2. HOR will utilize existing geotechnical information for the project site to assess the potential for paleontological resources to be encountered as part of grading activities. 3. Criteria used to determine significance, and significant, less than significant, direct, and indirect impacts resulting from the project will be identified. 4. The level of significance after implementation of mitigation measures (if applicable) would be clearly stated. Geology/Soils. Implementation of the proposed project will involve mass grading, import of fill, manufactured slopes, and retaining walls. A geotechnical investigation has been prepared for the project (GeoSoils, Inc.). This report is anticipated to address an overview of the overall geotechnical constraints of the project site, and provide geotechnical recommendations for mass grading and preliminary design of proposed structures, pavements and surface improvements. The recommendations would typically be based on subsurface exploration, laboratory testing and engineering and geologic analysis. HOR will utilize the geotechnical report prepared by GeoSoils, Inc. to prepare the Geology/Soils section of the EIR. HOR engineering geologist will conduct a third-party peer review of the report to evaluate the methodologies and conclusions for legal and scientific adequacy and accuracy. 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, settlement, surcharging, liquefaction, slope stability and groundwater impacts. 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. 68 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 Greenhouse Gas Emissions as a result of construction and operation of the proposed project. 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 (SB) 375 and SANDAG regional growth/sustainable community strategies. Potential climate change impacts would be addressed including effects to public health, water resources, agriculture, ecosystems/habitats, wild land fires, and rising sea levels. HDR will utilize the Air Quality and Greenhouse Gas Analysis prepared by LSA for preparation of this section of the EIR. Ascent Environmental will conduct the peer review of this analysis. The following components of the analysis are envisioned: 1. Identify, characterize, and inventory any applicable GHG emissions currently being generated at the proposed project site. Evaluate applicable local, federal and state regulatory requirements (i.e., the City's CAP, AB 32). The CAP is a plan for the reduction of GHG emissions in accordance with CEQA Guidelines Section 15183.5. 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. 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. 4. 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. The critical component of this task is to review the project's proposed GHG mitigation reduction measures for consistency with the City's new CAP project checklist (P-30) and CAP consistency guidance (P-31). City of Carlsbad I Marja Acres EIR 1-)~ 5. The Air Quality/Greenhouse Gas Emission Technical Report will be included as an Appendix to the EIR. Hazards and Hazardous Materials. HDR will utilize Leighton and Associates to prepare a Phase I Hazardous Materials Site Assessment for the project. Historical uses of the site include various agricultural related activities, including a chicken farm, and present uses such as the retail and restaurants, nursery and pottery business. The Phase I report would address the potential for contaminated soils to be present on the project site or other potentially hazardous materials conditions. Further, although not in an Airport Hazard Zone, the site is located in McClellan-Palomar Airport Influence Area 2 and Overflight Notification Area. A Fire Suppression Plan would also normally be prepared for the project if such conditions warrant (such as an interface with natural vegetation), which would establish fuel modification zones. The following approach is envisioned: 1. The existing data base regarding remediation activities will be reviewed and presented in the EIR as it relates to the proposed project and findings of the Phase I analysis. 2. It is anticipated that fuel management zones will need to be reviewed and approved by the fire Marshal. Any changes would need to be reflected in the proposed landscape plans. 3. Thresholds to determine the significance of impact will be ident'1fied. 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 Quality. The proposed project would involve significant reconfiguration of the topography of the site and an increase in impervious surfaces. Several technical studies have been prepared for the project including a hydrology report, stormwater pollution prevention plan, and stormwater quality management plan (Howes Weiler & Associates). HDR would conduct a third-party technical peer review of these studies, and utilize these studies to support the preparation of the hydrology and water quality section of the EIR. As an optional task (see Task 12), REC Consultants would perform the third-party technical review of these 69 studies, including the Potential Critical Coarse Sediment Yield Area analysis. REC performed this analysis for the Poinsettia 61 EIR, under contract to HDR, at the request of the City Engineer. HDR will conduct a third-party technical review of the Applicant provided technical reports to ensure that all requirements of the latest City of Carlsbad's Drainage Master Plan, the Storm Water Management and Discharge Control Ordinance, and Municipal Storm Sewer System are met. The following approach is envisioned: 1. HDR will review the hydrology report/preliminary drainage study and the preliminary storm water quality management plan, and stormwater pollution prevention plan, including the hydromodification management plan and Potential Critical Coarse Sediment Yield Analysis, for compliance with City of Carlsbad standards and CEQA requirements. HDR engineer will conduct a third-party peer review of the report to evaluate the methodologies and conclusions for legal and scientific adequacy and accuracy. This review will include an evaluation of the proposed drainage system 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 such as the Agua Hedionda lagoon and the Pacific Ocean. 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. City of Carlsbad I Marja Acres EIR I-)~ 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 the 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 the 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. Potential impacts will be evaluated to applicable water ways such as the Agua Hedionda Lagoon and the Pacific Ocean. 10. HDR will address and recommend appropriate mitigation measures to reduce erosion potential onsite. 11. HDR will evaluate the proposed project for National Pollutant Discharge Elimination System permit compliance. 12. HDR will ensure that maintenance of any permanent detention/pollution control basins is included in the EIR. 13. HDR will identify maintenance requirements of the structural BMP measures being implemented with this project. 14. 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. 15. 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. 70 Land Use Planning. Land use s surrounding the project site consist primarily of residential uses, public right of way and an SDG&E easement. From a planning and environmental perspective, the project site is located within Local Facilities Management Zone 1, and the Mello II Segment of the Local Coastal Program. According to the City's Habitat Management Plan, the site is identified as a "developed area." The site is located within the McClellan-Palomar Airport Influence Area 2 and Overflight Notification Area. Existing General Plan land uses of the site include General Commercial, R-15 Residential (8-75 dwelling units per acre), with a Growth Management Control Point of not less than 12 dwelling units per acre, and R-4 (the one residential lot along Park Drive proposed to redeve loped into a trail connection). The project site is currently used for a variety of commercial uses, including a nursery, pottery store, flower stand, restaurant, bike shop, guitar repair and liquor store. The project will require the approval of several discretionary actions as identified in our Project Understanding section of this proposal. 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 wi ll be provided depicting the location of existing and planned land uses, and the project's context to other applicable plans. City of Carlsbad I Marja Acres EIR 2. Compatibility between the proposed project uses and surrounding land uses will be evaluated. This compatibility analysis will include assessment of land uses, proposed density, height, light/glare, and other factors. 1-)~ 3. Th e project's consistency with land use plans will be analyzed. This ana lysis will include a detailed project analysis with respect to the project 's consistency with the Gene ral Plan, Carlsbad Habitat Management Plan, Carlsbad Zoning Ordinance (Title 21) including the Growth Management and inclusionary housing regu lations, Carlsbad Subdivision Regu lations (Title 20) and Hillside Development Chapters, the McClellan- Palomar Airport Land Use Compatibility Plan, Open Space and Conservation Resource Management Plan, and SANDAG regiona l plans. 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 mea sures (if applicable) would be clearly stated. Noise. The project site is lo cated immediately adjacent to El Camino Real, which carries a high volume of traffic. Also, the project is located within the McClellan-Palomar Airport Influence Area 2 and Overflight Notification Area. HOR will utilize the applicant-provided noise technical report to support preparation of this section of the EIR. HOR noise specialist will conduct a third-party peer review of the report to evaluate the methodologies and conclusions for legal and scientific adequacy and accuracy. We envision t hat the noise report would include the fo llowing elements (to be verified as part of the third- party review of the technical repo rt): 1. Ambient noise measurements. 2. Future Traffic noise modeling for all proposed noise sensitive receptor locations. 3. An ana lysis of aircraft noise associated with McClellan-Palomar Airport. The McClellan-Palomar Airport Land Use Compatibility Plan wi ll be reviewed to assess the project's proposed land use compatibility, and requirements of the Plan (e.g., notification) will be incorporated into the EIR. 4 . Noise mitigation will be designed per the procedures outlined 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. 71 The project site is located immediately adjacent to El Camino Rea l, with high traffic volumes. New residential development as part of the Robertson Ranch Master Plan (West Village) is located immediately northeast of the site. 5. Criteria used to determ ine signifi cance, and significant, less than significant, direct, and indi re ct impacts res ulting from the project will be identified. Th e level of sign ifica nce after implementation of mitigation measures (if applicable) would be clearly stated. Analysis of the project's direct contributions by comparing the "with" and "without" project noise contours on the study area roadway segments. The anticipated construction grading activities noise levels will be id entified to determine if short term or cumulative impacts will occur at the adjacent property lines. Population/Housing. The proposed project would increase the residential density of the project site under the Density Bonus Ordinance by 168 units above the number of units currently contemplated for the site in the General Plan. Specifically, the current General Plan allocates 136 dwelling units, whereas, 304 residential dwelling units are proposed. The following approach is envisioned for this section of the EIR: 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 of the project will be evaluated. This will include quantification of the increase of housing and population on the project site, and a comparison to the General Plan, LFMP Zone 1 unit allowances, and how the project will draw from the City's Excess Dwelling Unit Bank per the City's Growth M anagement Plan and Density Bonus Ordinance. 3. The potential for the project to induce growth either directly, or indirectly will be analyzed. City of Carlsbad I Marja Acres EIR f-)~ 4. An an alysis will be provided of the project's compliance with th e City's Housing Element and State and regional housing nee ds, including in clusionary housing requirements, and Density Bonus Ordinance. 5. Criteria used to determin e significan ce, and significant, less than significant, direct, and indirect impacts re sulting from the project will be identified. The level of significa nce after implementation of mitigation measures (if applicable) would be clearly stated. Public Services. The project site is located within Local Facilities Management Zone 1. The Zone 1 LFMP would evaluate the existing and future development potential for the zone and the anticipated public services and infrastructure necessary to support the proposed project, in cl uding fire protection, police protection, schools, parks , and other services. The following approach is envisioned: 1. The existing public services and facilities setting will be described in terms of existing services and fa cilities serving the site, and within the broader LFMP Zone 1. 2. Th e potential impact of the project on services will be evaluated. This will in clude quantification of the increase of de mand on the various public services and fa cil ities, th e ability to meet the demand, and any expansion or new construction of facil ities created by this demand that may cause a physi cal impact to the environment. 3. Th e City's emergency response plans will be evaluated in conjun ction with the proposed project to determine if th e project will interfere with ex isting plans. 4. Criteria used to determine significance, and significa nt, less than significant, direct, and indirect impacts resu lting from the project will be identified. Th e level of signifi cance after implementation of mitigation measures (if appl icable) would be clearly stated. Transportation/Circulation. The development of 304 residential units and commercial uses would result in an in crease in trip generation at the project site. Primary access to the Proj ect site will be provided via El Camino Real. HDR will conduct a third-party review of the traffic study (Linscott, Law, and Greenspan Engineers) to ensure it's adequacy for inco rporation into the El R. Th e traffic operations of the project must meet the provisions of the City of Carlsbad's Growth Management Program . 72 The following approach is envisioned: 1. HOR will utilize the Linscott, Law, and Greenspan traffic report as the basis of preparing the transportation/ circulation section of the EIR. Updates will be provided (if necessary) based on City and third-party technical review. 2. HOR will conduct a third-party review of the study for technical accuracy and to confirm the findings of the report in accordance with applicable standards (City Guidelines, SANTEC/ITE Guidelines). The third-party review will consider consistency, as applicable, with the 2030 buildout model, Growth Management Program, confirm study limits, confirm compliance with applicable congestion management requirements, confirmation of trip generation, sighting distance, etc. 3. HOR will review the traffic impact report for consistency/compliance with the City's Growth Management Plan. 4. The traffic section of the EIR will also address public transportation, bike and pedestrian traffic in accordance with MM LOS, and construction traffic. 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. Utilities and Service Systems. A LFMP Zone 1 Plan has been prepared, and development of the project s·1te is considered in this plan. The Zone 1 LFMP will be utilized as a basis of evaluating the existing and future development potential for the zone and the anticipated infrastructure necessary to support the proposed project. We have assumed that infrastructure information will be available from the Zone 1 LFMP and project engineers to utilize in the preparation of this section. The project is not subject to the provisions of Senate Bill 610; therefore, an SB 610 Water Supply Assessment is not technically required for the project. If selected, HOR would discuss this further with the City project manager as drought conditions have improved. City staff did request a water supply analysis as part of the Uptown Bressi Ranch project due to the severe drought condition at that time and the potential increase in residential density associated with that project. The following approach is envisioned: 1. The existing public services and facilities setting will be described in terms of utilities serving the site and shall City of Carlsbad I Marja Acres EIR 1-)~ determine the demands of the project for water facilities, wastewater treatment facilities, solid waste facilities, and gas and electric service. Stormwater drainage facilities will be addressed in the Water Quality/Hydrology section of the EIR. 2. The potential impact of the project will be evaluated. This will include quantification of the increase of demand on the various utilities, the ability to meet the demand, and any expansion or new construction of facilities created by this demand that may cause a physical impact to the environment. 3. 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. 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 El R Sections The EIR will contain the following CEQA mandated sections: 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 nonrenewable resources, long-term commitments of resources, and potential irreversible environmental damage that may result from environmental accidents associated with the project. Impacts Found Not To Be Significant· Areas of no significant impact identified in the EIR analysis are summarized in this section. The justification for such findings will be based on the results of the Draft EIR analysis. Cumulative Impacts· The discussion of cumulative effects is an increasingly important analysis in El Rs. 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 73 impacts. HDR will work closely with City staff to identify cumulative projects, which should correlate with the assumptions in the traffic study. 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 of the proposed project to induce economic or population growth and the construction of additional housing, either directly or indirectly, 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 of the 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 of the 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 analyzed in the First Screencheck Draft EIR submitted to the City. The Alternatives section of the EIR will include, at a minimum, four project alternatives, including the "No Project" Alternative. The following preliminarily identifies four alternatives to be analyzed in the EIR. The fourth alternative would be developed based on discussion with City staff and scope of comments received on the NOP and scoping process: • 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; • An "Approved Project" Alternative which would comprise a project consistent with the existing General Plan land uses and zoning of the site (6.26 acres of General Commercial use and 14.39 acres of R-15 Residential use totaling 136 dwelling units). City of Carlsbad I Marja Acres EIR 1-)~ • 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, • "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. 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 El R. This section will also list all persons involved in the preparation of the document, their title and role. HDR will maintain electronic copies and/or website links to all references in this section so that access will be readily available to the public if requested. Technical Appendices The EIR Appendices will include the NOP, public comments on the NOP and those received during the scoping meeting, and the supporting EIR technical studies prepared for the project. Task 2 Deliverables: • Five (5) spiral-bound hard copies of the First Screencheck Draft EIR (including Appendices) for City review and comment. • Five (5) digital copies of the First Screencheck Draft EIR on CD Task 3 Second Screencheck Draft EIR HOR will prepare a Second Screencheck Draft EIR which incorporates the City's comments on the First Screencheck Draft El R. 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), and Mitigation Monitoring and Reporting Program (MMRP) (see Task 9) in concert with the Second Screencheck Draft EIR submittal. This approach is very helpful in ensuring that all significant impacts are clearly 74 linked to recommended mitigation measures and provides a valuable consistency of the El R document. Task 3 Deliverables: • Five (5) spiral-bound hard copies of the Second Screencheck Draft EIR (including Appendices) for City review and comment. • Five (5) digital copies of the Second Screen check Draft EIR on CD. Task 4 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 Availability of the Draft EIR, and distribution of the EIR to the appropriate agencies and individuals. Task 4 Deliverables: • Twenty (20) spiral-bound hard copies of the Draft EIR for City distribution. • Five (5) hard copies of the technical appendices. • Twenty-five (25) digital copies of the Draft EIR on CD. • Twenty-five (25) digital copies of the Draft EIR Technical Appendices on CD. • One (1) digital copy in a format suitable for posting on the City's website. • One (1) digital copy of Draft EIR in Word. Task 5 1st Screencheck Response to Comments/Screencheck Final EIR HDR will prepare five (5) copies of the 1st 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 of the Draft EIR or add footnotes to the margins identifying relevant responses to comments. For this task, we also assume that City of Carlsbad I Marja Acres EIR technical support would be provided (e.g., traffic) where appropriate, in preparation responses to comments. Our cost estimate (provided under separate cover) assumes a total of 100 individually numbered comments will be received on the Draft EIR. Please note a single comment letter may contain numerous numbered comments. HDR also assumes that technical support in responding to comments would be provided by the applicant's consultants that were responsible for preparing the various technical studies that are utilized in theEIR. Task 5 Deliverables: • Five (5) spiral-bound hard copies of the 1st Screencheck Responses to Comments/Screencheck Final EIR (including amendment technical appendices, if necessary) Task 6 2nd Screencheck Response to Comments/Draft Final EIR HDR will prepare a 2nd Screencheck Response to Comments/Draft Final EIR that incorporates City comments on the 1st Screencheck Responses to Comments/Screencheck Final EIR. The Draft Final EIR would provide the City an opportunity to conduct a final review of the documentation prior to finalizing the document and producing the Final EIR for distribution to the Planning Commission, and subsequently, the City Council. The CEQA Findings of Fact/SOC (if necessary) and MMRP would be submitted in conjunction with this task (see Tasks 8 and 9 below). Task 6 Deliverables: • Five (5) spiral-bound hard copies of the 2nd Screencheck Response to Comments/Draft Final EIR (including technical appendices). 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 of the Planning Commission and City Council hearings for the project. 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. Task 7 Deliverables: • Twenty-five (25) spiral-bound hard copies of the Final EIR 75 • Twenty-five (25) digital copies of the Final EIR on CD • One (1) un-bound reproducible copy of the Final EIR • One digital copy of all documents in a format suitable for posting on the City's website. Note: Certified Final EIR (reflecting any final changes/edits to be provided under Task 11) 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 Guidelines §15093. HDR will work closely with the City to identify the specific economic, legal, social, technological, or other benefits of the project, which outweigh the unavoidable environmental effects. HDR will coordinate with the City to establish the evidence in the record to support overriding considerations. The Findings will follow the format and style specified by the City. SUBTASK 8.2 DRAFT CEQA FINDINGS/SOC HDR will prepare a revised draft set of CEQA Findings/ City of Carlsbad I Marja Acres EIR 1-)~ 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 El R, 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 will 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/st)( Task 9 Mitigation Monitoring and Reporting Program (MMRP) SUBTASK 9.1 SCREENCHECK MMRP HDR will prepare a screencheck MMRP in accordance with Public Resources Code Section 21081.6(a)(l) and California 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 monitoring. 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. SUBTASK 9.2 DRAFT MMRP HDR will prepare a Draft MMRP incorporating City comments on the screencheck MMRP. The Draft MMRP 76 will be available for public review with the public-review Draft El R. SUBTASK 9.3 FINAL MMRP HOR 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 Task 10 Meetings and Hearings HOR commits attendance of our Principal-in-Charge/ Project Manager, Mr. Tim Gnibus, for up to twelve (12) meetings. The following meetings are anticipated: • One (1) kick-off meeting with City staff to initiate the project, discuss work products and overall 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 El R • Two (2) staff meetings to review comments on the screencheck Draft El Rs (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. Task 11 Certified Final EIR Certified Final EIR and supporting CEQA documentation. HOR will also prepare a final copy of the Certified Final EIR. The Certified Final EIR would be prepared after the project approval/El R 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 11 Deliverables • Certified Final EIR, MMRP, CEQA Findings -Five (5) spiral-bound hard copies -One Master CD Digital Copy City of Carlsbad I Marja Acres EIR Task 12 -Optional Task - Hydrology/Water Quality Review (REC Consultatants) As an optional task, REC Consultants would: 1-)~ a) Perform a Third party review of the Hydraulic Analysis/ Drainage Study (OS), and Storm Water Management Plan (SWMP, which in this case includes Hydromodification Calculations). b) Identify flaws/ errors and work with consultant to correct them. If no errors/ flaws are found, or once those are corrected, the reviewer will prepare a letter stating that the documents satisfy current requirements. c) REC will perform up to two (2) rounds of comments for the OS and up to three (3) rounds of comments for the SWMP. Additional reviews (if needed) will be performed until the not allocated budget is used. Task 1 -Drainage Study Review -The drainage study review includes checking the assumptions related with contributing areas, rating curves, and discharge curves, and insure that the comparison between pre- development and post-development peak flows is adequate. Recommendations will be given if necessary to insure that no hydrologic conditions of concern arise as a consequence of flooding design inadequacies. Task 2 -Storm Water Management Plan Review -The SWMP review includes 2 aspects: (1) review of the calculations associated with hydromodification tables under the assumption that points of compliance and their contributing areas have been properly defined, and (2) review that the report satisfy current local conditions for NPDES compliance, including but not limited to maintenance requirements, impacts to receiving watersheds, proper design of Best Management Practices, proper identification of pollutants of concerns, and proper documentation and design information adequate at EIR level. Task 12 Deliverables: • Third-party peer review memo. SUMMARY OF DELIVERABLES The following summarizes the deliverables to be submitted to the City as part of this scope of services: 77 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 • Administrative Record Task 2 Deliverables (First Screencheck Draft EIR): • Five (5) spiral-bound hard copies of the First Screencheck Draft EIR (including Appendices) for City review and comment. • Five (5) digital copies of the First Screencheck Draft EIR on CD Task 3 Deliverables (Second Screencheck Draft EIR): • Five (5) spiral-bound hard copies of the Second Screencheck Draft EIR (including Appendices) for City review and comment. • Five (5) digital copies of the Second Screen check Draft EIR on CD. Task 4 Deliverables (Draft EIR): • Twenty (20) spiral-bound hard copies of the Draft EIR for City distribution. • Five (5) hard copies of the technical appendices. • Twenty-five (25) digital copies of the Draft EIR on CD. • Twenty-five (25) digital copies of the Draft EIR Technical Appendices on CD. • One (1) digital copy in a PDF format suitable for posting on the City's website. • One (1) digital copy of Draft EIR in Word. Task 5 Deliverables (1st Screencheck Responses to Comments/Screencheck Final EIR): • Five (5) spiral-bound hard copies of the 1st Screencheck Responses to Comments/Screencheck Final EIR (including amended technical appendices, if necessary) Task 6 Deliverables (2nd Screencheck Responses to Comments/Draft Final EIR): • Five (5) spiral-bound hard copies of the 2nd Screencheck Responses to Comments/Draft Final El R (including technical appendices). City of Carlsbad I Marja Acres EIR Task 7 Deliverables (Final EIR): • Twenty-five (25) spiral-bound hard copies of the Final EIR 1-)~ • Twenty-five (25) digital copies of the Final EIR on CD • One (1) unbound 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 • One digital copy of all documents in a format suitable for posting on the City's website. Task 8 Deliverables (CEQA Findings/SOC): • 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 (MMRP): • One (1) digital copy of Screencheck MMRP • One (1) digital copy of Draft MMRP • One (1) digital copy of Final MMRP Task 10 Deliverables: • Meetings Task 11 Deliverables (Certified Final EIR): • Certified Final EIR, MMRP, CEQA Findings -Five (5) spiral-bound hard copies -One Master CD Digital Copy Task 12 Deliverables: • Third-party peer review memo 78 Schedule This section presents H DR's proposed task-by-task work schedule to complete the services requested by the City. The attached schedule assumes a start-date on May 22, 2017; however, this date will be revised upon receipt of the actual notice to proceed from the City. HD R's proposed schedule to complete the CEQA process according to our proposed scope of work is provided on the following page . As discussed under Task 1 Project Initiation, we expect to re fine this schedule as part of the initial start-up tasks and kick off meeting for the project. As shown on the following schedule, HDR is committed to completing the CEQA process in less than one year. We have a demonstrated track record of successfully completing projects within the timeframes desired by the City and Applicants on many major projects in City. We will maintain this commitment to the City of Carlsbad for this very important project. Our commitment is demonstrated most recently by the recently completed Uptown Bressi Ranch and Poinsettia 61 EIRs. We are committed to delivering the EIR work program within the timeframes requested by the City. This schedule will be adjusted and otherwise maintained during the course of the El R process to ensure milestones are being met and the project schedule stays on track. City of Carlsbad I Marja Acres Specific Plan EIR I-)~ 79 Schedule ·········-·----···c,;;~ni;~· .. r StaftMf!'etlnrsonSacendw."U or11h E]R 12) Staff Meetings on R'IC,/Saeenched: Final CIR (21 l'roject:MuµAc,es Dlt~:'/U/17 ! , .. , ... .,. lwk lwk 30days 7fdli\'S 4wb l wb 4wb ,.,.,. ,,.., 2wb 56.Sd,rp 2wb 46..Sdayi H d¥ 2wb 2wb 165d¥ 9.Sd~ 7d.tyi ,..,. l wk , . .,. , .. , UOda,ys lwk lwk l wk lwk l d¥ 101d,rys lwi< lwk lwk lwk Jdays ,,. . .,. l lWy , ... , lSSd.-ys; l day U darn; -49d~ 2wk,; City of Carlsbad I Marja Acres Specific Plan EIR 1-)~ --itarl nr1idl 5/22/17 S/W1 5/Ull7 6/21/1 5/23/17 5/27/17! S/23/17 5/27/11! '>/28/11 '126/11! S/12117 8/3/171 5/21/17 6/16/171 S/ll/17 7/14/111 1/1'>/J.f 1/l/lj 1/4/17 l/ll/1 , 8/4/17 8/11/111 8/14/17 8/ll/11! 8/lA/17 10/19/171 8/24/l/ ,,2111! 9/3/17 1.0/19/1~ 10/19/17 11/15/17! 10/19/11 10/31/1~ 10/30/1/ 11/U/llj 11/U/17 ll/5/111 11/ll/17 11/24/11! 11/27/17 ll/5/17/ ll/6/17 12/11/17! U/6/11 U/U/11[ 12/13/17 12/15/171 12/18/17 12/1.0/171 l/lA/17 l.2/U/17 8/14/17 &/lB/17 8/21/17 ;:~~~ 12/13/17 U/20/17 ll/26/17[ 12/27/17 U/19/17 8/14/17 1/1/111 8/14/17 &/18/17 8/21/17 8/15/1"1 12/14/1/ 12/20/llj 12/21/17 U/27/171 12/28/17 l/1/18) S/12/17 3/ll/111 5/22/17 5/22/171 6/21/17 6/21/171 5/23/17 12/25/171 7/17/17 7/17/17 11/ll/17 12/6/111 1/1/11 3/8/18 l/12/U l/ll/11 Flr.ishonlyl Oudlir.e • -4/U/11 80 8690 Balboa Ave nue, Suite 200 San Diego, CA 92123-1502 858.712.8400 hdrinc.com We practice increased use of sustainable materials and reduction of material use. © 2017 HOR, Inc., all rights reserved. HOR Engineering, Inc. COST ESTIMATION WORKSHEET-SO CAL Environmental Fully Burdened Rates, Including Profit Rev, 0112017 -2017 Rates PROJECT: Marja Acres Specific Plan ElR LOCATION: City of Carlsbad PARTI -DIRECT SERVICES ITEM -·-Gnibus,Tim -Private Development Market Sector Lead Meyer, Cini -Senior Environmental Planner Del Rosario, Sharyn -Environmental Planner Lee, Elaine - Environmental Planner Santos, Ronne! -Biologist Burvall, Anders -GIS Analyst Black, Carrie -Sr Project Coordinator Lay, Keith -Sr Air Quality Specialist Barrera, Sarah -Sr Biologist Smith, Doug -Senior Program Manager Kading, Kelly -Hazardous Waste Speciafist 3 Delu, Nina -Environmental Planner Brim, Natalie Hyles, Jacob -Water Resources EIT Starick, James Duan, June -Senior Traffic Engineer/ Analyst Moyer, Janelle Czechowski, Kelly-Sr Environmental Planner Varela, Karen -Environmental Planner Glenny, Wayne-Archaeology Program Manager Ko, Kent -Sr Traffic Eng Prj Mgr Petree, David Eich, Ingrid -Senior Biologist Helsens Sharon - Business Groun Accountant ISUBTOTAL DIRECT LABOR FFP/HR A..-.i 335.00 $335.00 217.00 $217.00 131.00 $131.00 100.00 $100.00 78.00 $78.00 0.00 $0.00 0.00 $0.00 128.00 $128.00 80.00 $80.00 229.00 $229.00 147.00 $147.00 324.00 $324.00 0.00 $0.00 234.00 $234.00 159.00 $159.00 95.00 $95.00 1411.00 $146.00 159.00 $159.00 181.00 $191.00 197.00 $197.00 147.00 $147.00 94.00 $94.00 147.00 $147.00 186.00 $198.00 118.00 $118.00 200.00 $200.00 151.00 $151.00 PART II· SUPPORT SERVICES -ITEMIZED ON SUPPLEMENT SHEETS ITEM Printing/Mailing Travel Subconsultant (Planning Systems -Visual Simulations) Subconsultant (Leighton -Phase I ESA) Subconsultant Mark-Up SUBTOTAL SUPPORT SERVICES TASK SUBTOTAL HDR Engineering -Confidential DATE OF ESTIMATE· Taslt 1 PROJECT INITIATION HRS I COST 8 $2.680 2 $434 4 $524 $0 $0 $0 $0 2 $256 4 $320 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 '604 24 4 816 AMT I COST $100 ""'""'""' $100 $4,918 Task 2 Task i. Task4 FIRST SECOND DRAFTEIR SCREENCHECK SCREENCHECK DRAFTEIR DRAFTEIR HRS I COST HRS I COST HRS I COST 16 $5.360 12 $4.020 8 $2.680 8 $1,736 2 $434 2 $434 116 $15,196 72 $9,432 24 $3,144 36 $3,600 32 $3,200 8 $800 8 $624 $0 $0 $0 $0 $0 $0 $0 $0 8 $1,024 4 $512 2 $256 26 $2,080 16 $1,280 16 $1,280 6 $1,374 $0 $0 $0 $0 $0 2 $646 $0 $0 $0 $0 $0 $0 $0 $0 4 $636 $0 $0 23 $2,185 $0 $0 $0 $0 $0 2 $318 $0 $0 8 $1,528 $0 so $0 $0 $0 12 $1,764 4 $588 $0 24 $2,256 16 $1,504 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2 $400 $0 $0 4 '604 2 $302 2 $302 305 41 333 160 I 21 272 621 6 696 AMTI COST AMT I COST AMT I COST SEIRs $335 SEIRs $300 DEIRs $2,500 $16,000 $4,500 $2,050 I $22 685 I $300 I $2 500 $64,218 $21,572 $11,396 5117'2017 A-E FIRM: G_ONTRACT NO · Taslt i:; ITa•k R Tac:.k 7 1 ST SCREENCHECK 2ND SCREENCHECK FINAL EIR RESPONSE TO RESPONSE TO COMMENTSIFEIR COMMENTSIFEIR HRS I COST HRS I COST HRS I COST 12 $4.020 8 S2.680 4 $1,340 so $0 2 $434 32 $4,192 16 $2,096 16 $2,096 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 $512 2 $256 6 $480 16 $1,280 8 $640 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2 $302 2 $302 2 $302 521 8 994 461 6 670 34 I 5 066 AMT I COST AMT I COST AMT I COST $300 $300 FEIRs $2,000 I $300 I $300 I $2 000 $9,294 $7,170 $7,068 Attachment 3 HOR Engineering NA TOTAL THIS PAGE HRS COST 68 $22,780 16 $3,472 280 $36,680 76 $7,600 8 $624 0 $0 0 $0 22 $2,816 92 $7,360 6 $1,374 0 $0 2 $648 0 $0 0 $0 4 $636 23 $2,185 0 $0 2 $318 8 $1,528 0 $0 16 $2,352 40 $3,760 0 $0 0 $0 0 $0 2 $400 18 $2718 663 $97 251 THIS PAGE AMT I COST $5,835 $0 $16,000 $4,500 $2,050 $0 $0 11111111111!!1111111 $28 385 $125,636 PAGE 1 TOTAL PAGE 1 TO 2 HRS COST 88 $29,480 16 $3,472 296 $38,776 100 $10,000 8 $624 0 $0 0 $0 24 $3,072 104 $8,320 6 $1,374 0 $0 2 $648 0 $0 0 $0 4 $636 23 $2,185 0 $0 2 $318 8 $1,528 0 $0 16 $2,352 40 $3,760 0 $0 0 $0 0 $0 2 $400 22 $3 322 761 $110 267 PAGE1 T02 AMT I TOTAL $6,285 $300 $30,000 $5,900 $2,050 $( $( I $44 535 761 $154,802 Page 1 HOR Engineering, Inc. COST ESTIMATION WORKSHEET· SO CAL Environmental Fully Burdened Rates, Including Profit Rev. 01/2017. 2017 Rates PROJECT ; Marja Acres Specific Plan EIR LOCATION: City of Carlsbad PARTI -DIRECT SERVICES ITEM -T-Gnibus,Tim -Private Development Market Sector Lead Meyer, Clint-Senior Environmental Planner Del Rosario, Sharyn -Environmental Planner Lee, Elaine -Environmental Planner Santos, Ronnel -Biologist Buivall, Anders - GIS Analyst Black, Carrie -Sr Project Coordinator Lay, Keith -Sr Air Quality Specialist Barrera, Sarah -Sr Biologist Smith, Doug -Senior Program Manager Kading, Kelly -Hazardous Waste Specialist 3 Oelu, Nina -Environmental Planner Brim, Natalie Hyles, Jacob -Water Resources EIT Starick, James Ouan, June -Senior Traffic Engineer/ Analyst Moyer, Janelle Czechowski, Kelly -Sr Environmental Planner Varela, Karen -Environmental Planner Glenny, Wayne -Archaeology Program Manager Ko, Kent -Sr Traffic Eng Prj Mgr Petree, David Eich, Ingrid - Senior Biologist Helsens Sharon -Business Grouo Accountant SUBTOTAL DIRECT LABOR FFPIHR Adjuslad 335.00 $335.00 217.00 $217.00 131.00 $131.00 100.00 $100.00 78.00 $78.00 0.00 $0.00 0.00 $0.00 128.00 $128.00 80.00 $80.00 229.00 $229.00 147.00 $147.00 324.00 $324.00 0.00 $0.00 234.00 $234.00 158.00 $159.00 05.00 $95.00 148.00 $146.00 158.00 $159.00 1111.00 $191.00 197.00 $197.00 147.00 $147.00 94.00 $94.00 147.00 $147.00 198.00 $198.00 118.00 $118.00 200.00 $200.00 151.00 $151.00 PART 11-SUPPORT SERVICES -ITEMIZED ON SUPPLEMENT SHEETS ITEM Printing !Travel Sutx:onsultant (REC Consultants -Hydrology/Water Quality) Subconsultant Mark-Up SUBTOTAL SUPPORT SERVICES TASK SUBTOTAL l"'GRAIIIDTOTAL FEE ... PM SIGNATURE HOR Engin&erlng -Confidential DATE OF ESTIMATE: Task 8 Task 9 CEQA FINDINGS/SOC MMRP HRS I COST HRS I COST 1 $335 1 $335 $0 $0 2 $262 2 $262 18 $1,800 6 $600 $0 $0 $0 $0 $0 $0 $0 $0 2 $160 2 $160 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 so so so $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 1 $151 1 $151 241 2 708 12 I 1 508 AMT I COST AMT I COST $50 $50 """"'""'' $50 1111111111 S50 $2,758 $1,558 Task 10 Task 11 Task 12 tOotional) MEETINGS AND CERTIFIED FINAL EIR Hydrology/VVater HEARINGS Quality Review HRS I COST HRS I COST HRS I COST HRS I COST 16 $5,360 2 $670 $0 $0 $0 $0 $0 12 $1,572 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2 $256 $0 $0 8 $640 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2 $302 $0 16 I 5 360 26 I 3440 I I AMT I COST AMT I COST AMT I COST AMT I COST $350 $300 S14,000 $1,400 """"'"'""' $300 illm $350 $15 400 ! .. !!' $5,660 I $3,790 I $15,400 5/17/2017 A-EFIRM: CONTRA_<::_T NO.: HRS I COST $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $0 $0 I AMT I COST $0 ,i1111111111, $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 HOR Engineering NA TOTAL THIS PAGE HRS COST 20 $6,700 0 $0 16 $2,096 24 $2,400 0 $0 0 $0 0 $0 2 $256 12 $960 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 4 $604 78 $13 016 THIS PAGE AMT I COST $450 $300 $14,000 $1,400 $0 $0 $0 $0 """""""'"'' $16150 $0 $29,166 PAGE2 TOTAL PAGE 1 TO 2 HRS COST 88 $29,480 16 $3,472 296 $38,776 100 $10,000 8 $624 0 $0 0 $0 24 $3,072 104 $8,320 6 $1,374 0 $0 2 $648 0 $0 0 $0 4 $636 23 $2,185 0 $0 2 $318 8 $1,528 0 $0 16 $2,352 40 $3,760 0 $0 0 $0 0 $0 2 $400 22 $3 322 761 $110 267 PAGE 1 TO 2 AMT I TOTAL $6,285 $300 $30,000 $5,900 $2,050 $0 $0 I $44 535 $154,802 s1s4,802 i Page2