HomeMy WebLinkAboutEIR 82-01; CITY OF CARLSBAD OPERATIONS; Environmental Impact Report (EIR)n nottvasto the lett Ot dotted un.. CIA
FEDERAL GRANT APPLICATION/AWAR NOTIFICATION . APPLICATI ON DATE
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ITEMS 32-38 TO BE COMPLETED BY CLEARINGHOUSE
32.CL€ARINGHOUSE ID 10 CLEARINGHOUSE I I MULTIPLE I I LiiTl
33. a /4CTION BASED ON
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33. b ACTION TAKEN I
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STATE APPLICATION 34• IDENTIFIER (SAl) C I A . -
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35.CLARINGHOUSE Ping Area Area Ping Area Ping Area Ping Area Ping Area
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36. SThTE PLAN REQUIRED . 37. RECEIVING DATE mo ° 38. a SIGNATURE OF CH OFFICIAL AT. CLEARINGHOUSE 19
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ITEMS 39.42 TO BE COMPLETED BY APPLICANT BEFORE SENDING FORM TO FEDERAL AGENCY
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ITEMS 43.54 70 BE COMPLETED BY FEDERAL OFFICE EVALUATING AND RECOMMENDING ACTION ON THE APPLICATION
43. GFANT APPLICATION ID
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52. Application Rec'd.
yr mo day
53.a Exp. Action Date
yr mo day Always Complete.
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47.ApDRE55 - Street or P. 0. Box 68. CITY - 49. STATE 50. ZIP CODE 71. TELEPI*ONENUM8ER
ITEMS 55-65 TO BE COMPLETED BY THE FEDERAL OFFICE APPROVING THE GRANT APPLICATION
jF INAL ACTION FINAL DATES yr mo day FUNDS AReA 0 VED [For Changes Show Only Amr. of Inc. (*1 or Dec. (-).J
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. .
AGREEMENT
THIS AGREEMENT is made this day of
1982; between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and
WESTEC hereinafter referred to as CONSULTANT.
DWC' Tm7 rQ
WHEREAS, the city, hereinafter called the "Applicant",
agrees to have prepared a full technical biological and
archaeological report for property located approximately .5 miles
north of Palomar Airport Road and .25 miles east of El Camino
Real, and is more precisely shown on the plat marked Attachment
1, attached hereto and made a part hereof; and
WHEREAS, the Consultant has the qualifications to pre-
pare the required technical reports, and
WHEREAS, it is understood that the Consultant shall be
an independent contractor of the city;
NOW, THEREFORE, in consideration of their mutual conve-
nants and conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
Consultant shall prepare a full technical archaeological and
full technical biological report for the subject project in
accord with the California Environmental Quality Act as im-
plemented by the State Guidelines and by City in Title 19 of
the Carlsbad Municipal Code and its implementing reso-
lutions.
. .
In carrying out this obligation, the Consultant's duties
shall include the following:
(a) The Consultant shall (1) make all necessary and
required field explorations, review and tests; (2)
make all necessary and required laboratory tests
and analysis; (3) be prepared to appear and answer
questions, if necessary at all public hearings be-
fore the Planning Commission and the City Council
prior to the certification of the report; (4) make
all reports necessary to comply with the require-
ments of this section. Before preparing the final
reports, the Consultant shall submit five copies of
preliminary reports to the Planning Director for
staff review. The consultant shall revise the pre-
liminary report as requested by staff in order to
make it suitable for inclusion in a subsequent
draft EIR.
(b) Upon staff approval, the consultant shall submit
10 copies of the final reports to the Planning
Director.
(c) Consultant shall attempt to determine as soon as
possible in his study of the area involved factors
which could severely inhibit or prohibit the
proposed project. If it appears that such factors
are present, they shall inform the Planning
)
-2-
S .
Director The objective of this subsection of the
agreement is to minimize future costs if these
adverse factors exist.
(d) The written reports shall be prepared in a form
that will permit their attachment to a draft EIR.
In the event, all finished or unfinished documents
and other materials prepared pursuant to this
agreement shall, at the option of the city, become
its property.
(2) DUTIES OF THE CITY
(a) The City will make payment to the Consultant as pro-
vided for in this agreement.
(b) The City will make available to the Consultant any do-
cument, studies, or other information in its possession
related to the proposed project.
(c) The City will review the Preliminary Report presented
by the Consultant within fourteen working days of their
receipt and make written comments to the Consultant
within this time period.
(3) TERMINATION OF AGREEMENT
The city may terminate this agreement at any time by giving
written notice to the Consultant of such termination and
specifying the effective date thereof.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or assem-
bled by the Consultant under this agreement shall not be
)
-3-
. .
made available to any individual or organization by the Con-
sultant without the prior written approval of the City.
(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON-
MENTAL IMPACT REPORTS AND OTHER MATERIAL
All documents and materials prepared pursuant to this agree-
ment 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.
(6) PAYMENT
The Consultant will be paid a maximum of $1825.00 dollars
($950.00 for a technical biological report and $875.00 for a
technical archaeological report) for all work necessary to
carry out the requirements of this agreement. The
Consultant shall be paid 100 percent of the compensable
services completed within fifteen days after receipt of his
invoice for the acceptable completion of said reports.
(7) TIME OF COMPLETION
Time is of the essence in carrying out the terms of this
agreement. The consultant will be allowed as many
additional days as are necessary to compensate for days lost
due to inclement weather. The Consultant shall submit to
the City five copies of the Preliminary Reports within four
weeks of the signing of this agreement by both concerned
parties.
-4-
. 6
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the city under this agree-
ment is in the sum of $ 1,825.00 which amount is estimated
to be sufficient to compensate the consultant for all
services performed hereunder during the terms of this agree
ment. In the event at any time it appears to the Consultant
that said sum may not be sufficient, he shall immediately so
notify the Planning Director. He will not perform any work
or incur any obligation beyond said sum of $ 1,825.00 with-
out appropriate amendment to this agreement.
(9) CHANGES IN WORK
If, in the course of this contract, changes seem merited by
the Consultant or the City and informal consultations indi-
cate that a change in the conditions of the contract is war-
ranted, the Consultant 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 Consultant 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 Council. Such supplemental agreement shall not render
ineffective or invalid unaffected portions of the agreement.
Changes requiring immediate action by the Consultant or the
City shall be ordered by the Assistant City Manager for
Developmental Services, who will inform a principal of the
-5-
4
. S
Consultant'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.
(10) HOLD HARMLESS
The Consultant will indemnify the City against and hold it
harmless from all and any cost, expense, or liability for
damages on account of injury or death to persons or damage
to property resulting from or arising out of or in any way
connected with the performance by consultant of thiè agree-
ment, including the defense of any action arising therefrom.
Consultant will reimburse the City for all costs, expenses
and losses incurred by it in consequence of any claims, de-
mands and causes of action which may be brought against it
by a person arising out of the performance by Consultant of
this agreement.
(11) MAINTAIN INSURANCE
Consultant shall, at all times that this. agreement is in
effect or the premises are occupied by Consultant, cause to
be maintained in force and effect an insurance policy or
policies which will insure and indemnify both City and Con-
sultant against liability or financial loss resulting from
injuries occurring to persons or property in or about the
premises or occurring as a result of any acts or activity of
0
S 46
Consultant. The liability under such insurance policy shall
be not less than $100,000 for any one person injured or
$300,000 for any one accident and $50,000 for property dam-
age. The policy shall be written by a responsible company
or companies to be approved by City, and shall be noncancel-
able except on ten days' written notice to City. Such pol-
icy shall name City as co-assured and a copy of such policy
shall be filed with the City.
- (12) INDEPENDENT CONTRACTOR
Consultant in accordance with his status as an independent
contractor, covenants and agrees that he will conduct him-
self consistent with such status, that he will neither hold
himself out as nor claim to be an officer or employee of the
city by reason hereof, and that he will not by reason
hereof, make any claim, demand, or application to or for any
right or privilege applicable to an officer or employee of
the City including, but not limited to, workmen's compensa-
tion coverage, unemployment insurance benefits, social se-
curity coverage, or retirement membership credit.
(13) ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part there-
of or any monies due or to become due thereunder without the
prior written consent of the City.
(14) SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by Consultant, the Consultant
-7-
I fl
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
contractual relationship between any subcontractor of Con-
sultant and the City. The Consultant shall bind every sub-
contractor and every subcontractor of a 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.
(15) 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 approv-
ing any architectural, engineering, inspection, construc-
tion, or material supply contract or subcontract in connec-
tion with the construction of the project, shall become dir-
ectly 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 func-
tions in connection with the performance of this contract
shall become directly or indirectly interested personally
in this contract or any part thereof.
(16) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent
or employee of 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 such verbal
agreement or conversation entitle the Consultant to any
additional payment whatsoever under the terms of this
contract.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
f-7
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By
APPROVED TO ORM:
VIZCENT F. BIONDO, JR.
City Attorney
AGREEMENT
THIS AGREEMENT is made this day of
1982, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and
WESTEC hereinafter referred to as CONSULTANT.
DT'('Tm7t1- C
WHEREAS, the city, hereinafter called the "Applicant",
agrees to have prepared a full technical biological and
archaeological report for property located approximately .5 miles
north of Palomar Airport Road and .25 miles east of El Camino
Real, and is more precisely shown on the plat marked Attachment
1, attached hereto and made a part hereof; and
WHEREAS, the Consultant has the qualifications to pre-
pare the required technical reports, and
WHEREAS, it is understood that the Consultant shall be
an independent contractor of the city;
NOW, THEREFORE, in consideration of their mutual conve-
nants and conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
Consultant shall prepare a full technical archaeological and
full technical biological report for the subject project in
accord with the California Environmental Quality Act as im-
plemented by the State Guidelines and by City in Title 19 of
the Carlsbad Municipal Code and its implementing reso-
lutions.
In carrying out this obligation, the Consultant's duties
shall include the following:
(a) The Consultant shall (1) make all necessary and
required field explorations, review and tests; (2)
make all necessary and required laboratory tests
and analysis; (3) be prepared to appear and answer
questions, if necessary at all public hearings be-
fore the Planning Commission and the City Council
prior to the certification of the report; (4) make
all reports necessary to comply with the require-
ments of this section. Before preparing the final
reports, the Consultant shall submit five copies of
preliminary reports to the Planning Director for
staff review. The consultant shall revise the pre-
liminary report as requested by staff in order to
make it suitable for inclusion in a subsequent
draft EIR.
(b) Upon staff approval, the consultant shall submit
10 copies of the final reports to the Planning
Director.
(c) Consultant shall attempt to determine as soon as
possible in his study of the area involved factors
which could severely inhibit or prohibit the
proposed project. If it appears that such factors
are present, they shall inform the Planning
-2-
Director The objective of this subsection of the
agreement is to minimize future costs if these
adverse factors exist.
(d) The written reports shall be prepared in a form
that will permit their attachment to a draft EIR.
In the event, all finished or unfinished documents
and other materials prepared pursuant to this
agreement shall, at the option of the city, become
its property.
(2) DUTIES OF THE CITY
(a) The City will make payment to the Consultant as pro-
vided for in this agreement.
(b) The City will make available to the Consultant any do-
cument, studies, or other information in its possession
related to the proposed project.
(c) The City will review the Preliminary Report presented
by the Consultant within fourteen working days of their
receipt and make written comments to the Consultant
within this time period.
(3) TERMINATION OF AGREEMENT
The city may terminate this agreement at any time by giving
written notice to the Consultant of such termination and
specifying the effective date thereof.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or assem-
bled by the Consultant under this agreement shall not be
-3-
made available to any individual or organization by the Con-
sultant without the prior written approval of the City.
(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON-
MENTAL IMPACT REPORTS AND OTHER MATERIAL
All documents and materials prepared pursuant to this agree-
ment 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.
(6) PAYMENT
The Consultant will be paid a maximum of $1825.00 dollars
($950.00 for a technical biological report and $875.00 for a
technical archaeological report) for all work necessary to
carry out the requirements of this agreement. The
Consultant shall be paid 100 percent of the compensable
services completed within fifteen days after receipt of his
invoice for the acceptable completion of said reports.
(7) TIME OFCOMPLETION
Time is of the essence in carrying out the terms of this
agreement. The consultant will be allowed as many
additional days as are necessary to compensate for days lost
due to inclement weather. The Consultant shall submit to
the City five copies of the Preliminary Reports within four
weeks of the signing of this agreement by both concerned
parties.
-4-
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the city under this agree-
ment is in the sum of $ 1,825.00 which amount is estimated
to be sufficient to compensate the consultant for all
services performed hereunder during the terms of this agree
ment. In the event at any time it appears to the Consultant
that said sum may not be sufficient, he shall immediately so
notify the Planning Director. He will not perform any work
or incur any obligation beyond said sum of $ 1,825.00 with-
out appropriate amendment to this agreement.
(9) CHANGES IN WORK
If, in the course of this contract, changes seem merited by
the Consultant or the City and informal consultations indi-
cate that a change in the conditions of the contract is war-
ranted, the Consultant 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 Consultant 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 Council. Such supplemental agreement shall not render
ineffective or invalid unaffected portions of the agreement.
Changes requiring immediate action by the Consultant or the
City shall be ordered by the Assistant City Manager for
Developmental Services, who will inform a principal of the
-5-
Consultant'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.
(10) HOLD HARMLESS
The Consultant will indemnify the City against and hold it
harmless from all and any cost, expense, or liability for
damages on account of injury or death to persons or damage
to property resulting from or arising out of or in any way
connected with the performance by consultant of this agree-
ment, including the defense of any action arising therefrom.
Consultant will reimburse the City for all costs, expenses
and losses incurred by it in consequence of any claims, de-
mands and causes of action which may be brought against it
by a person arising out of the performance by Consultant of
this agreement.
(11) MAINTAIN INSURANCE
Consultant shall, at all times that this agreement is in
effect or the premises are occupied by Consultant, cause to
be maintained in force and effect an insurance policy or
policies which will insure and indemnify both City and Con-
sultant against liability or financial loss resulting from
injuries occurring to persons or property in or about the
premises or occurring as a result of any acts or activity of
Consultant. The liability under such insurance policy shall
be not less than $100,000 for any one person injured or
$300,000 for any one accident and $50,000 for property dam-
age. The policy shall be written by a responsible company
or companies to be approved by City, and shall be noncancel-
able except on ten days' written notice to City. Such pol-
icy shall name City as co-assured and a copy of such policy
shall be filed with the City.
- (12) INDEPENDENT CONTRACTOR
Consultant, in accordance with his status as an independent
contractor, covenants and agrees that he will conduct him-
self consistent with such status, that he will neither hold
himself out as nor claim to be an officer or employee of the
city by reason hereof, and that he will not by reason
hereof, make any claim, demand, or application to or for any
right or privilege applicable to an officer or employee of
the City including, but not limited to, workmen's compensa-
tion coverage, unemployment insurance benefits, social se-
curity coverage, or retirement membership credit.
(13) ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part there-
of or any monies due or to become due thereunder without the
prior written consent of the City.
(14) SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by Consultant, the Consultant
-7-
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
contractual relationship between any subcontractor of Con-
sultant and the City. The Consultant shall bind every sub-
contractor and every subcontractor of a 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.
(15) 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 approv-
ing any architectural, engineering, inspection, construc-
tion, or material supply contract or subcontract in connec-
tion with the construction of the project, shall become dir-
ectly 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 func-
tions in connection with the performance of this contract
shall become directly or indirectly interested personally
in this contract or any part thereof.
(16) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent
or employee of 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 such verbal
agreement or conversation entitle the Consultant to any
additional payment whatsoever under the terms of this
contract.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By Be_-
FRANK ALESHIRE, City Manager
By Itk i1t
CONSUL'ANT
APP VED VT 7 TO FORM:
VINCEWP F BIONDO, JR.
City Attorfrney
APPROVED AS TO FO
Py
ani S. énts e, Assistant
WE
. .
AGREEMENT
THIS AGREEMENT is made this day of /
1982, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and PBR
(Phillips, Brandt, Reddick), hereinafter referred to as
CONSULTANT.
RECITALS
WHEREAS, the city, and the County of San Diego have pro-
posed a project, wherein the city agrees to prepare an Environ-
mental Impact Report for the proposed project identified as a
General Plan Amendment, Zone Change and the implementation of a
City Operations Facility. The subject property is located north-
east of the intersection of Palomar Airport Road and El Camino
Real, and is more precisely shown on the plat marked Attachment
1, attached hereto and made a part hereof; and
WHEREAS, the Consultant has the qualifications to pre-
pare the required Environmental Impact Report; and
WHEREAS, it is understood that the Consultant shall be
an independent contractor of the city;
NOW, THEREFORE, in consideration of their mutual conve-
nants and conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
Consultant shall prepare an Environmental Impact Report for
the subject project in accord with the California Environ-
mental 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 Consultant's duties
shall include the following:
(a) The Consultant shall (1) make all necessary and
required field explorations, review and tests; (2)
make all necessary and required laboratory tests
and analysis; (3) appear and be prepared to answer
questions and 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 require-
ments of this section. Before preparing the draft
report, the Consultant shall submit five copies of
a preliminary report (screen check EIR) to the
Planning Director for staff review. The consultant
shall revise the preliminary report as requested by
staff in order to make it suitable for draft EIR
review.
(b) Consultant shall prepare a draft report in compli-
ance with the Work Program contained in Attachment
2 (unless otherwise stated in this agreement), at-
tached hereto and made a part hereof and with
applicable state law and city ordinances. The Con-
sultant shall submit to city fifty copies (in 3
ring binders) plus a reproducible master of the
draft EIR to the city.
-2-
I
S
(c) Consultant shall attempt to determine as soon as
possible in his study of the area involved, those
factors which could severely inhibit or prohibit
the proposed project. If it appears that such fac-
tors are present, he shall so inform the Planning
Director who in turn will discuss with the appli-
cant 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) Consultant shall prepare and file with the city a
written response to all comments received subse-
quent to public notice that the draft
environmental impact report has been filed.
Consultant shall also prepare any responses
necessary to matters raised at the public
hearings. The written response shall be prepared
in a form that will permit attachment to
termination. In that event, all finished or
unfinished documents and other materials prepared
pursuant to this agreement shall, at the option of
the city, become its property.
(2) DUTIES OF THE CITY
(a) The City will make payment to the Consultant as pro-
vided for in this agreement.
-3-
. S
(b) The City will make available to the Consultant any do-
cument, studies, or other information in its possession
related to the proposed project.
(c) The City will review the Preliminary Report presented
by the Consultant within fourteen working days of their
receipt and make written comments to the Consultant
within this time period.
(d) The .city shall provide the consultant with copies of
all written comments received on the draft Environ-
mental Impact Report subsequent to public notice that
the draft Environmental Impact Report has been filed
and is available for public review.
(3) TERMINATION OF AGREEMENT
The city may terminate this agreement at any time by giving
written notice, to the Consultant of such termination and
specifying the effective date thereof, at least fifteen days
before the effective date of such preliminary report as re-
quested by staff in order to make it suitable for draft EIR
review.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or assem-
bled by the Consultant under this agreement shall not be
made availableto any individual or organization by the con-
sultant without the prior written approval of the city.
-4- - -
. S
(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON-
MENTAL IMPACT REPORTS AND OTHER MATERIALS
All documents and materials prepared pursuant to this agree-
ment 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.
(6) PAYMENT
The Consultant will be paid a maximum of $11,380.00 dollars
for all work necessary to carry out the requirements of this
agreement. Actual payment shall be based on the cost of the
report based on the costs as set forth in Attachment 2. The
Consultant shall be paid ten percent of the compensable ser-
vices within 15 days after receipt of an invoice indicating
completion of the biological and archaeological surveys.
Consultant shall be paid fifty percent of the compensable
services completed within fifteen days after receipt of his
invoice for the completion of the draft Environmental Impact
Report in accordance with Paragraph 1 above. The Consultant
will be paid twenty-five percent upon acceptance by the city
of the response to comments from the Consultant, the final
fifteen percent will be paid not to exceed the maximum
amount provided in this agreement within thirty days after
receipt of invoice, to be submitted after the certification
of the Environmental Impact Report by the City Council.
-5-
S S
(7) TIME OF COMPLETION
Time is of the essence in carrying out the terms of this
agreement. It is understood that inclement weather con-
ditions may delay the completion of field work. The Consul-
tant will be allowed as many additional days as are nec-
essary to compensate for days lost due to inclement weather.
The Consultant shall submit to the city five copies of the
Preliminary Environmental Impact Report within six weeks of
the signing of this agreement by both concerned parties.
The consultant shall submit to the city fifty copies of the
draft Environmental Impact Report within ten working days
of the completed staff reviewof the Preliminary
Environmental Impact Report.
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the city under this agree-
ment is in the sum of $ 11,380.00 which amount is estimated
to be sufficient to compensate the consultant for all
services performed hereunder during the terms of this agree
ment. In the event at any time it appears to the Consultant
that said sum may not be sufficient, he shall immediately so
notify the Planning Director. He will not perform any work
or incur any obligation beyond said sum of $ 11,380.00 with-
out appropriate amendment to this agreement.
(9) CHANGES IN WORK
If, in the course of this contract, changes seem merited by
the Consultant or the City and, informal consultations mdi-
.
cate that a change in the conditions of the contract is war-
ranted, the Consultant 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 Consultant 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 Council. Such supplemental agreement shall not render
ineffective or invalid unaffected portions of the agreement.
Changes requiring immediate action by the Consultant or the
City shall be ordered by the Assistant City Manager for
Developmental Services, who will inform a principal of the
Consultant'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.
(10) HOLD HARMLESS
The Consultant will indemnify the City against and hold it
harmless from all and any cost, expense, or liability for
damages on account of injury or death to persons or damage
to property resulting from or arising out of or in any way
connected with the performance by consultant of this agree-
-7-
.
ment, including the defense of any action arising therefrom.
Consultant will rei] nburse the City for all costs, expenses
and losses incurred by it in consequence of any claims, de-
mands and causes of action which may be brought against it
by a person arising out of the performance by Consultant of
this agreement.
(11) MAINTAIN INSURANCE
Consultant shall, at all times that this agreement is in
effect or the premises- are occupied by Consultant, cause to
be maintained in force and effect an insurance policy or
policies which will insure and indemnify both City and Con-
sultant against liability or financial loss resulting from
injuries occurring to persons or property in or about the
premises or occurring as a result of any acts or activity of
Consultant. The liability under such insurance policy shall
be not less than $100,000 for any one person injured or
$300,000 for any one accident and $50,000 for property dam-
age. The policy shall, be written by a responsible company
or companies to be approved by City, and shall be noncancel-
able except on ten days' written notice to City. Such pol-
icy shall name City as co-assured and a copy of such policy
shall be filed with the City.
(12) INDEPENDENT CONTRACTOR
Consultant in accordance with his status as an independent
contractor, covenants and agrees that he will conduct him-
. .
self consistent with such status, that he will neither hold
himself out as nor claim to be an officer or employee of the
city by reason hereof, and that he will not by reason
hereof, make any claim, demand, or application to or for any
right or privilege applicable to an officer or employee of
the City including, but not limited to, workmen's compensa-
tion coverage, unemployment insurance benefits, social se-
curity coverage, or retirement membership credit.
(13) ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part there-
of or any monies due or to become due thereunder without the
prior written consent of the City.
(14) SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by Consultant, the Consultant
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
contractual relationship between any subcontractor of Con-
sultant and the City. The Consultant shall bind every sub-
contractor and every subcontractor of a 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.
.
. .
(15) 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 approv-
ing any architectural, engineering, inspection, construc-
tion, or material supply contract or subcontract in connec-
tion with the construction of the project, shall become dir-
ectly 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 func-
tions in connection with the performance of this contract
shall become directly or indirectly interested personally
in this contract or any part thereof.
(16) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent
or employee of 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 such verbal
agreement or conversation entitle the Consultant to any
additional payment whatsoever under the terms of this
contract.
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10
.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By_
FRANK ALESHIRE, City Manager
-11-
To
1200 f LM AVENUE
CARLSBAD, CALIFORNIA 92008'
/ r
DEVELOPMENTAL
SERVICES
• Assistant City Manager
(714) 438-5596
• Building Department
(714) 438.5525
El Engineering Department
(714) 438-5541
o Housing & Redevelopment Department
(714)438-5611
PIanning Department
(714) 438.5591
January 8, 1982
Ann Nussbaum
WESTEC
3211 Fifth Avenue
San Diego, California 92123
RE: BIOLOGICAL AND ARCHAEOLOGY BID, CITY OPERATIONS FACILITY
25+ ACRES
The city has accepted your bid to complete the full archae-
ological technical report ($875.00) and full technical biological
report ($950.00) for the city's operation facility. Please con-
sider this letter as an authorization to proceed. We will mail
you our standard agreement form as soon as possible.
Should you have any questions please feel free to call Charles
Grimm of the Planning Department at (714) 438-5591.
Sincerely,
1*_~~~O~~~~
RONALD A. BECKMAN
Assistant City Manager/Developmental Services
RAB:CG:ar
r I
fl (Th'
PHILLIPS BRANDT REDDICK
January 6, 1982
Mr. Charles Grimm
Planning Department
1200 Elm Avenue
Carlsbad, California 92008
Dear Charlie:
As requested, PBR provides the following fee proposal for
biological services on a 26-acre site in the vicinity of
Palomar Airport:
Fee Product
$600 Field survey and letter which
identifies sensitive species.
$1700 Field survey and report suitable
for inclusion in an EIR.
The fee proposal for the requested archaeological services
follows:
$480
$900
Field survey and a letter with a
statement of findings.
Field survey and report suitable
for inclusion in an EIR.
Please call me if you have any questions.
Si ncerely,
ail MacLeod
Project Director
.CITY 'F CAR. 9AD
it
PLANNING ARCHITECTURE . LANDSCAPE ARCHITECTURE. ENVIRONMENTAL RESEARCH
8950 VILLA LA JOLLA DRIVE, SUITE 2142• LA JOLLA, CA 92037 (714) 452-5557
CALIFORNIA COLORADO HAWAII
S .
DATE: January 5, 1982
TO: Ron Beckman, Assistant City Manager
FROM: Charles Grim, Associate Planner
SUBJECT: ENVIRONMENT2L BIDS (BIOLOGY & ARCHAEOLOGY) CITY MAINTENANCE FACILTY
Listed below are the bids we have received orally for the biological and
archaeological work to be done on the site. The field (letter) surveys will
tell us what we want to know. The full technical reports would satisfy the
requirements of the EIR. I am expecting written conformation tomorrow.
Biology
Letter Report Full Technical
Archaeology
Letter Report Full Technical
WESTEC $450 $ 950 $270 $ 875
PBR 600 1700 480 * 7
PECON 796 1462 975 1098
If you have any questions please call me at 5591.
CG : ar
cc: James Hagalnan
Michael Holniller
PçTVI)
• '•
- OF L.
DeveopmecIa
.
S
MEMORANDUM
TO: Planning Director
FROM: Assistant City Manager/Developmental Services
DATE: January 4, 1982
SUBJECT: ENVIRONMENTAL REVIEW - PROPOSED CITY OPERATIONS CENTER
This is to confirm an oral conversation held with your staff on
December 30, 1981.
Please proceed immediately to obtain
environmental consultants to perform
logical field checks on the proposed
the essence. Upon the completion of
should immediately convey the prelim
that necessary decisions can be made
property.
proposals from qualified
both archeological and bio-
palomar site. Time is of
field checks, the consultant
mary findings to the City so
regarding the purchase of the
RAB/cle
cc:
City Manager
Mike Holzmiller, Planning Dept.
häF1Té Grimm, Planning Dept,,.
'I
WL 'TEC Services, Inc.
3211 Fifth Avenue
San Diego, CA 92103
(714) 294-9770
*%NVN
81-700-E
January 4, 1982
Mr. Charles Grinlrp
City of Carlsbad
Planning Department
1200 Elm Avenue
Carlsbad, CA 92008
Subject: Projosal for Archaeological and Biological Surveys.
Dear Charlie:
This letter will serve to confirm our telephone conversation of January 4, 1982.
WESTEC Services is pleased to submit this proposal to provide archaeological and
biological consulting services to the City of Carlsbad for the approximately 25-acre
parcel located north of Palomar Airport Road and east of El Camino Real. In response
to your request, we have provided estimates for full surveys, record searches and
preparation of both letter reports and full technical appendices. We anticipate that the
final report (in either letter or appendix form) could be provided within 3 weeks after
authorization to proceed and a map indicating the property boundaries are received. A
verbal indication of site resources could be provided within 2 weeks.
Our cost estimates for the services are as follows:
Archaeology
Survey, Record Search and letter report $275.00
Survey, Record Search and full technical appendix $875.00
Biology
Survey and letter report $450.00
Survey and full technical appendix $950.00
7
S 0
I
If you have any questions or need additional information, please do not hesitate to
contact me.
Sincerely,
.J 4
Ann M. Nussbaum
Manager,
San Diego Environmental
Services
AMN:evn
Authori tion of91fep_-
- -
c/.
Frank A. Kingery Date
Oj
.
I
WESTEC Services, Inc.
3211 Fifth Avenue
San Diego, CA 92103
(714) 294.9770 Jfl L 198
CITY OF CARl BAD
Planr I )ep' it
81-700-E
January 4, 1982
Mr. Charles Grimm
City of Carlsbad
Planning Department
1200 Elm Avenue
Carlsbad, CA 92008
Subject: Proposal for Archaeological and Biological Surveys.
Dear Charlie:
This letter will serve to confirm our telephone conversation of January 4, 1982.
WESTEC Services is pleased to submit this proposal to provide archaeological and
biological consulting services to the City of Carlsbad for the approximately 25-acre
parcel located north of Palomar Airport Road and east of El Camino Real. In response
to your request, we have provided estimates for full surveys, record searches and
preparation of both letter reports and full technical appendices. We anticipate that the
final report (in either letter or appendix form) could be provided within 3 weeks after
authorization to proceed and a map indicating the property boundaries are received. A
verbal indication of site resources could be provided within 2 weeks.
Our cost estimates for the services are as follows:
Archaeology
Survey, Record Search and letter report $275.00
Survey, Record Search and full technical appendix $875.00
Biology
Survey and letter report $450.00
Survey and full technical appendix $950.00
PT0
DATE I 9J 5 H FROM TC R LEPHONE NO.—OR OPER.
M
N OF Oi 1JC\ _? III?QAL, EXTENSION # ___________________
E I
g
w
tf'
Lc M\\
M - - SIGNED
0 Phoned Call Returned Wants To ri Will Call 1] Was fl See L_J L_J Back L Call See You Again L_.J In U Operator L._J
AICO FORM NO. 50-176
.
L7-1
-S - -
. 0
If you have any questions or need additional information, please do not hesitate to
contact me.
Sincerely,
Ann M. Nussbaum
Manager,
San Diego Environmental
Services
AMN:evn
Authorization ofe—,
January 4, 1982
Frank A. Kingery Date
NV11W
6
.
RECON
Regional Environmental Consultants
1094 Cudahy Place, Suite 204, Sari Diego, CA 92110 (714) 275-3732
January 4, 1982
Mr. Charles Grimm
Environmental Coordinator
City of Carlsbad Planning Department
1200 Elm Avenue
Carlsbad, California 92008
Reference: Environmental Work for the City of Carlsbad Police and
Fire Parcel (RECON No. 81-184A)
Dear Mr. Grimm:
In response to your telephone call of December 28, 1981, RECON is
please to submit the following proposal for environmental services to
assist you in your planning process. More specifically, RECON pro-
poses to conduct a biological and archaeological resource survey for
the 25-acre parcel located adjacent to the trash shreder on El Camino
Real in Carlsbad.
The scope of work for the archaeology study includes an on-foot
survey of the property to locate any cultural resources, record
searches from two institutions for known cultural resources in the
vicinity and a report of findings. The biological study will include
an on-foot survey of the property by a zoologist and botanist to
idenity any sensitive plant or animal species and a report of
findings.
Two options are presented regarding the level of detail for the
report. One approach is a brief letter for each topic describing the
salient points of the survey. The second approach would be the pre-
paration of technical reports which could be Utilized in the prepara-
tion of an environmental impact report for a subsequent project on
the property. Each option represents differenct levels of costs
which are itemized below. The total cost of labor for the letter
report is $1,771.00 while the preparation of technical reports would
cost $2,551.00. Expenses such as printing and record searches are
additional and typically range between 5 to ten percent of the labor
fee.
Letter Report Technical Report
Archaeological Resources $ 975.00 $1,089.00
Biological Resouces 796.00 1 ,462.00
Total $1,771.00 $2,551.00
Sincerely,
Kim B. Howl
Environment
S I
Mr. Charles Grimm -2- January 4, 1981
It is our understanding that the City of Carlsbad wishes to
accomplish these surveys in the least amount of time possible. To
that end, RECON proposes to conduct the survey and prepare either
form of report within one week of the notice to proceed.
Should you have any questions regarding the scope of work or fee,
please do not hesitate to call. RECON looks forward to the opportu-
nity of working with the City of Carlsbad on this project.
KBH:sdp
.
MEMORANDUM
DATE: December 30, 1981
TO: Frank Aleshire, City Manager
FROM: Michael Holzmiller, Principal Planner W40
SUBJECT: Rezone of County Property, East of El Camino Real
As a condition of its sale to the city of the 26.5 acres east of
El Camino Real, the County of San Diego has requested that the
city rezone the balance of the county property to industrial. In
order to accomplish this, it would be necessary to process an
EIR, General Plan Amendment and Zone Change. The cost to the
city for preparing and processing an EIR could be as high as
$20,000. Additional application fees would be $720 for the Gen-
eral Plan Amendment and $500 for the Zone Change.
Because of the need for an EIR, it is not possible from a timing
standpoint to schedule the General Plan Amendment for the next
regularly scheduled amendment hearing in June, 1982. Therefore,
unless the City Council wishes to utilize it's one "floating"
General Plan Amendment hearing for 1982, the earliest date for a
hearing would be November which is when the second, regularly
scheduled General Plan Amendment hearing is to be held. Should
the Council wish to utilize its "floating" amendment hearing and
work commenced as soon as possible on the preparation of an EIR,
we could probably schedule an earlier hearing for the amendment
and zone change in August, 1982.
MJH:rh
cc: James Hagaman, Planning Director
Ron Beckman, ACM/Development
.
S
iv *
Jtl14
d
/vYe1O
Qi
MEMORANDUM
DATE: December 29, 1981
TO: Ron Beckman, City Manager
FROM: Charles Grimm, Associate Planner t
SUBJECT: Environmental Review Proposed City Maintenance Facility
As requested, I have checked the proposed 25 acre site for possi-
ble environmental impacts and have concluded that an EIR is
necessary for the site. A field check of the site indicated
potentially significant impacts in the following areas:
1) traffic- affects of access and increased trips on El
Camino Real and the intersection at Palomar Airport Road
(with El Camino Real).
2) archaeology- checked EIRS from several surrounding pro-
jects and concluded that there is good chance archeo-
logical sites occur on the property.
3) biology— much of the site is still in its natural
state.
4) grading— depends on the extent, grading could have an
effect on stream habitats just to the east of the
property.
Based on your authorization, we have contacted several consul-
tants regarding an archaeological survey and records search. The
city may also find it beneficial to have a biological survey done
before we purchase the property.
I would estimate that an EIR for the site would cost the city
somewhere between $9000 and $14,000 and would take approximately
six months 'Co process. We are prepared to begin processing of
this EIR at your direction.
I will be happy to answer any other questions you may have
regarding environmental review of this project.
CG: rh
cc: Frank Aleshire
James Hagaman
Michael Holzmiller
I Ii
/1
f (Th U U1 I U
PHILLIPS BRANDT REDDICK
December 31, 1981
Mr. Charles Grimm
Planning Department
1200 Elm Avenue
Carlsbad, California 92008
Dear Charlie:
This letter is in response to your request for archaeological
services. I understand the 26 acre site is in the vicinity of
Palomar Airport.
The fee for providing a record search and walk-over by a
qualified archaeologist is $480. Please advise me as to when
you need these services. Be aware that a record search can
require up to two weeks.
Respectfully submitted,.
10
Gail MacLeod
Project Director
,j . i98a
CITY CAR 3AD
Plan , sn' it
PLANNING ARCHITECTURE. LANDSCAPE ARCHITECTURE. ENVIRONMENTAL RESEARCH
8950 VILLA LA JOLLA DRIVE, SUITE 2142. LA JOLLA, CA 92037 (714) 452-5557
CALIFORNIA COLORADO HAWAII
CASE NO.: EIR 82-1
APPLICANT: CITY OF CARLSBAD
REQUEST: City of Operations Facility
ENVIRONMENTAL
EXEMPT OR EXCEP'IED:___________________________
Posted: Compliance:
Filed: Filed:
NEGATIVE DECLARATION:
Posted: Published: of Determination:________
Notice of Notice of Notice of
Preparaiion: 5- / - Completion: 7-_3_) - Determination:_________
82_
PLANNThIGCOMMISSION
1. Date of Hearing: J - 7 42
2. Publication:/ L) _I (I'
3. Notice to Property Owners:j
4. Resolution No. ) O'-IS
(Continued to:________________
5. Appeal:
Date: / ()_._. ACTION:__________
CITY COUNCIL
1. Date of Hearing:
2. Notices to City Clerk*.''/ ('j_.... _S .
3 Aqenda Bill: ' L/9
4. Resolutiono ACTION:_______
5. Orllnance No __________________________ Date:
C)RESPONDENCL
Staff Report to Applicant.- - - -- - -
Resolution to Applicant: