HomeMy WebLinkAboutHDR Engineering Inc; 2015-09-10;AGREEMENT WITH CONSULTANT FOR THE PREPARATION OF AN
ENVIRONIVIENTAL IIVIPACT REPORT
(EIR 15-03 POINSETTIA 61)
THIS AGREEMENT, made this lo^ day of .Se^fehi^hc^ . 20 fS*. between the CITY OF
CARLSBAD, a municipal corporation ofthe State of California, hereinafter referred to as "CITY",
and HDR Engineering, Inc. hereinafter referred to as "CONTRACTOR".
RECITALS
WHEREAS, the CITY has entered into an agreement with Lennar Homes of California
hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report
(EIR) forthe proposed project identified as EIR 15-03 Poinsettia 61 (140 air-space condominiums)
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 ofthe 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
ail necessary and required laboratory tests and analyses; (3) appear and be prepared to answer
questions and prepare testimony on the final Environmental Impact Report at all public hearings
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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 five copies of a preliminary report (screen check
EIR) to the City Planner for staff review. The CONTRACTOR shall revise the preliminary report
as requested by staff in order to make it suitable for draft EIR review.
(b) CONTRACTOR shall prepare a draft report in compliance with the Work Program
contained in Attachment 2 on file at the Planning Division (unless otherwise stated in this
agreement), attached hereto and made a part hereof and with applicable state law and CITY
ordinances.
(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 ofthis agreement.
2. CITY OBLIGATIONS
(a) The CITY will make payment to the CONTRACTOR as provided for in this
agreement.
(b) The CITY will make available to the CONTRACTOR any documents, studies, or
other information in its possession related to the proposed project.
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(c) The CITY will review the Preliminary Report presented by the CONTRACTOR
within fourteen working days of their receipt and make written comments to the CONTRACTOR
within that time period.
(d) The CITY shall provide the CONTRACTOR with copies of all written comments
received on the draft Environmental Impact Report subsequent to public notice that the draft
Environmental Impact Report has been filed and is available for public review.
3. TIME OF COMPLETION
Time is of the essence in carrying out the terms of this agreement. It is understood that
inclement weather conditions may delay the completion of field work. The CONTRACTOR will
be allowed as many additional days as are necessary to compensate for days lost due to
inclement weather. The CONTRACTOR shall submit to the CITY five copies of the Preliminary
Environmental Impact Report within six weeks ofthe signing ofthis agreement by both concerned
parties. The CONTRACTOR shall submit to the CITY fifty copies of the draft Environmental
Impact Report within ten working days of the completed staff review of the Preliminary
Environmental Impact Report.
4. PAYMENT
The CONTRACTOR will be paid a maximum of $172,886.00 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 on file in the Planning Division of the compensable
services for the completion ofthe screen check draft Environmental Impact Report in accordance
with Paragraph 1 above. The final 10 percent will be paid, not to exceed the maximum amount
provided in its agreement, within 30 days after receipt of invoice, to be submitted after the
certification ofthe Environmental Impact Report by the City Council.
5. LIMITS OF THE OBLIGATION
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The limits of the obligation of the CITY under this agreement is the sum of $172,886.00
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 $172,886.00
without appropriate amendment to this agreement.
6. CHANGES IN WORK
If, in the course ofthis contract, changes seem merited by the CONTRACTOR orthe 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
fonwarded 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.
COVENANTS AGAINST CONTINGENT FEES
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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
othenwise 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 otherthan breach ofthis 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 underthe provisions ofthis contract, shall be reduced to writing
by the principal of the CONTRACTOR or the CITY PLANNER. A copy of such documented
dispute shall be fonwarded to both parties involved along with recommended methods of
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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 fonwarded 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 ofthe City Council shall be binding upon the parties involved, although nothing
in this procedure shall prohibit the parties seeking remedies available to them at law.
11. CLAIMS AND LAWSUITS
The CONTRACTOR agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of 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 etseq., 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 ground^ 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)
12. STATUS OF THE CONTRACTOR
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The CONTRACTOR shall perform the sen/ices 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 othenwise
use, in whole or in part, any reports, data, or other materials prepared under this agreement.
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14. REPRODUCTION RIGHTS
The CONTRACTOR agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to
such copyrights in favor of CITY.
15. RELEASE OF INFORMATION BY CONTRACTOR
Any reports, 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 ofthe CITY.
16. HOLD HARMLESS AGREEMENT
CONTRACTOR agrees to indemnify and hold harmless the City of Cartsbad 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 where caused by the active negligence,
sole negligence, or willful misconduct ofthe 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
Ifthe CONTRACTOR shall subcontract any of the work to be performed underthis contract
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by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the acts and
omissions of its subcontractor and of the persons either directly or indirectly employed by its
subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing
contained in this contract shall create any employee or contractual 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,
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conditions, and provisions hereof shall inure to and shall bind each ofthe parties hereto, and each
of their respective heirs, executors, administrators, successors, and assigns.
22. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
23. CONFLICT OF INTEREST
The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk in
accordance with the requirements of the City of 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 Coveraqe 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 thatthe limits ofthe
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
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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.
24.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. Ifthe 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 Emplover'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 underthis 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.
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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
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 ofthe City and on behalf ofthe CONTRACTOR in connection with the foregoing
are as follows:
For City: Title: Principal Planner
Name: Van Lynch
Address: 1635 Faraday Avenue
Carlsbad. CA 92008
For Contractor: Title: Environmental Business Class Lead
Name: Tim Gnibus
Address: 8690 Balboa Avenue, Ste. 200
San Diego, CA 92123
26. BUSINESS LICENSE
CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
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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.
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Executed by CONTRACTOR this. 15^— day of jT(Jt\Lj 20 15.
CONTRACTOR: CITY OF CARLSBAD, a municipal
corpoji^Jion of the^tate of California
HDR Engineering, Inc. By:
(Name of Cpqtrjctor) City-Managor or Mayor fijctyt^&r
Don Neu
(sign here) *^ ATTEST:
/__• X ' DADDAC3A CM/Til (print name/title) BARBARA ENGLESON, Citj^Cferk
By
(sign here)
(print name/title)
{Propernotarial 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. OthenA/ise, 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:
CELIA A. BREWER, City^Attprney
Assistant City Attorney \
14 CA 4/30/2015
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 20, 2015, the following resolution was unanimously adopted:
"RESOLVED, that effective as indicated, and until June 20, 2016, 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...
. Amy A. Gilleran - Senior Vice President...
. Sharon M. Greene - Senior Vice President...
. Thomas T. Kim - Senior Vice President...
. David A. Ludwin - Senior Vice President...
. Michael I. Schneider - Senior Vice President...
. Randy N. Altshuler - Vice President...
. Kip D. Field - 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
'ify^
1 ,2015.
Bonnie J. KudrorW Asst. Secretary
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity ofthe individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity ofthat document.
State of California
County of U)5 Anri^A^.S
On
_)
before me
(insert name and title of the officer)^
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(^ whose name(^) is/§j«
subscribed to the within instrument and acknowledged to m e that helsji(elt\^y executed the same in
his/h^/tj?eir authorized capacity(jief6), and that by his/h^/tj;»feir signaturep^) on the instrument the
person(^, or the entity upon behalf of which the pers on^ acted, executed the i nstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
JENNIFER F. THOREN
Commission # 2028461
Notary Pubiic - Caiifornia
Los Angtias County
My Comm. Expiras Jun 11.20171
(Seal)
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SITE MAP
Poinsettia 61
EIR 15-03
ENVIRONMENTAL IMPACT REPORT (EIR 15-03)
Poinsettia 61 Project
City of Carlsbad, California
ORGANIZATIONAL CHART
Van Lynch
'RINCiPAi-IN-CHARGE/
PROIECT MANAGERS
ENVIRONMENTAL PLANNERS
Patrick O'Neill, MA
Mario Osorio
Sharyn Del Rosario
Lori Arena
Elaine Lee, MS
BIOLOGICAL RESOURCES
Ingrid Eich, MS
HAZARDS/HAZARDOUS MATERIALS
Kelly Kading, CPG
VISUAL SIMULATIONS
CULTURAL/PALEONTOLOGICAL
RESOURCES
Amy Gusick, Ph.D
TRANSPORTATION/CIRCULATION
Doug Smith, PE
HYDROLOGY/WATER QUALITY
REC Consultants, Inc.
Planning Systems
(Subainsuitant)
GIS & GRAPHICS
Anders Burvall
(Subconsultant)
GEOLOGY/SOILS
Gary Goldman, PE, GE
DOCUMENT PRODUCTION
Terri Parsons
NOISE
Scott Noel, INCE
AIR QUALITY/GREENHOUSE GAS
OB-1 Air Analysis
(Subconsultant)
REC
Exhibit A
Project Understandings
The purpose of this proposal is:
a) Perform a Third party review of the Hydraulic Analysis / Drainage Study (DS), Stomri Water Quality Management
Plan (SWQMP), Hydromodification Management Plan prepared with SWMM Continuous Simulation (HMP-
SWMM), and Coarse Sediment Yield Analysis (CSYA).
b) Identify flaws / errons and work with consultant to correct ttiem. If no errors / flaws are found, or once tiiose are
corrected, the reviewer will prepare a letter stating that the documents satisfy current requiremenis.
c) REC will perfomi up to two (2) rounds of comments for the DS, the HMP-SWMM and the CSYA, and up to three
(3) rounds of comments for the SWQMP. Additfonal reviews (if needed) vwll be perfomied until the not allocated
budget is used, tf additional work In excess of the proposed budget is required, REC mi\ need approval frcwn HDR
before proceeding.
d) It is assumed in this proposal that as a result of the CSYA. the project is not an important source of coarse
sediment forthe downstream creeks (the preyed does not need to presen/e coarse sediment supply, per Chapter
6 of the new BMP Manual). However, if the project must indeed preserve coarse sediment supply in the opinton
of the reviewer, additional meetings between the involved parties must occur to detemiine the best course of
action. This second condition is not part of this proposal.
The tasks that identify the scope of this proposal are approximately summarized in pages 12 and 13 of the RFP/RFQ for
the EIR 15-03 - Poinsettia 61 Prpject. or have been specifically requested by the City of Carisbad.
In terms of the REC personnel for this review, Dr Luis A. PanB, director of Water Resources, will coordinate all activities
associated with the review. In addition. Mr. Dave Edwards, a Senior Civil Engineer with REC, will assist Dr. PanB in all
activities associated with the rewew and/or meetings required. Dr. Parra and Mr Edwareis wiil be responsibte of 100% of
the tasks associated with this proposal.
REC
Exhibit B
Scope of Work
Tasks 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 concem arise as a consequence of flooding
design inadequacies,
Tasks 2 - Storm Water Management Plan (SWMP) Replacement by a Storm Water Quality
Management Plan (SWQMP) and Review - The SWMP will be replaced by a more comprehenave
SWQMP and the review includes 2 aspects: (1) review that the report satisfy cun-ent tocal 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 concems,
and pn^per documentation and design informatton adequate at EIR level and (2) Insure that the new
SWQMP is in confonnance with the new BMP Manual, and any associated BMP sizing calculation is
canied out based on the new spreadsheets and/or templates published in the last avaiiabie version ofthe
Model BMP Design Manual, San Diego Region. Finally. Despite the fact that the Hydromodification
Management Plan (HMP) and the Coarse Sediment Yield Analysis (CSYA) are part of the SWQMP, due
to their specific characteristics those documents will be reviewed in Tasks 3 and 4.
Task 3 - HMP Review. The project aiso includes an HMP analysis based on a continuous simulation
prepared with SWMM. REC will review the Point of Compliance (POC), the characteristics of the pre and
post-development model, the variable selection, the Flow Duration Curve and peak fiow detemiination,
and in general insure that the document satisfies HMP requirements with parameters delined in the new
BMP Manual. It is anticipated that two (2) rounds will be required forthis task.
Task 4 - CSYA Review. This portion of the project is a new document that can be presented either as
an appendix of the HMP document or as a stand-alone document If the project is not an important
coarse sediment yield area, a justification based on the new BMP Manual tiased on Chapter 6 and
Appendix H must be provided. If the project is a signiffcant-coarse-sediment-yield area, a proper
methodological analysis (that is not yet clear from the BMP Manual) is needed. The scope of worit in this
regard will be done assuming that the most likely condition (project is not an important coarse sediment
yield area) is the one occurring and that two (2) rounds will be required for this task. If the prpject is an
important source of coarse sediment per the reviewer, a change onJer wiil be requested so that a
meeting between HDR, REC, The City of Caristiad, and the Consultant that prepared the original
analysis (O'Day, TRWE or others) will be needed to establish the best course of action in regards to this
new topic that remains unclear in the new permit and the new BMP Manual.
REC
Exhibit C
Schedule of Fees
REC Consultants proposes to provide the sen/ices as outlined in Exhibit B, "Scope of Work", as a time and
material, not to exceed $ 13,980 distributed as explained in this section. In case any additional review is
required after the funds are exhausted as a consequence of additional meetings or in the case the
reviewed documentation does not satisfy the City of Carlsbad standard requirements, REC vinll need
approval from HDR to proceed.
EIR ~ Poinsettia. Review and Meetings
Taski:
Drainage Study Review, up to 2 rounds of comments. $ 2.550
Task 2:
Water Quality Coordination Meetings (2)
SWQMP Review, up to 3 rounds of comments
$1,080
$4,140
Task 3:
HMP-SWMM Review. 7 BMPs assumed, 3 POCs. Up
to two (2) round of comments $4,140
Task 4:
CSYA Review. Up to two (2) rounds of comments. No
measures for preservation assumed. $2,070
TOTAL $13,980
Fees are based upon the Rate Schedule (Exhibit E) forthe Director of Water Resources (Dr. Luis Parra) and REC's Senior
Hydrologist (Mr. David Edwards), as a functfon of the approximate number of hours expected for each task.
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