HomeMy WebLinkAbout1977-11-01; City Council; Resolution 5248. \\
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RESOLUTION NO. 5248
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND URBAN PROJECTS, INC., FOR CONSULTING
SERVICES TO PROVIDE AN ENVIRONMENTAL IMPACT
REPORT ON THE JAPATUL BUSINESS CENTER SPECIFIC PLAN.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
and Urban Projects, Inc. for consulting services to provide an
Environmental Impact Report on the Japatul Business Center
Specific Plan, a copy of which is attached hereto marked Exhibit
"A" and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby autho-
rized and directed to execute said agreement for and on behalf of
the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the,
City Council of the City of Carlsbad, California, held on the
1st day of November , 1977 by the following vote, to wit:
AYES : Councilmen Lewis and Packard, and Councilwoman Casler
NOES : Councilman Skotni cki
ABSTAINED: Councilman Frazee
ROBERT C. FRAZEE, May
ATTEST :
(SEAL)
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a 0 EXHIBIT "A" TO RESOLUTION NO. 5248
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.* t AGREEMENT
THIS AGREEMENT made and entered into this 1st day of
Ivember
division of the State of California, hereinafter referred to as
, 1977, Between the City of Carlsbad, a political sub-
the City and Urban Projects, Inc., hereinafter referred to as
the "Consultant" : . WITNESSETH
WHEREAS, the City has entered into an Agreement with
Japatul Corporation, hereinafter called the "Applicant", wherein
the City agrees to provide an environmental impact report for the
proposed project identified as Japatul Business Center Specific
Plan, which lies in the area west of El Camino Real between Kelly
Drive and Palomar Airport Road and pore precisely sh,own on the
plat attached hereto as Exhibit "A", and
WHEREAS, the Consultant has the qualifications to prepare the
required Environmental Impact Report; and
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WHEREAS, the Consultant represents that neither he nor any
member of his staff has performed afiy work on the proposed project
has no understanding with the applicant or any expectation of
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working for the applicant in the future on said project and has
not been employed by the applicant upon any project within two
(2) years last past; and *
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+ WHEREAS, it is understood that the Consultant shall be an
independent contractor of the City;
NOW, THEREFORE, in consideration of their mutual covenants
and conditions, the parties hereto agree as fo'llows:
(1) DUTIES OF THE CONSULTANT
I a) The Consultant shall (1) make all required field
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explorations,, review, and tests; (2) make all required
laboratory tests and anlysis; (3) appear and be pre-
pared to answer questions and present testimony on the
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final Environmental Impact Report at two public hearings
before the Planning Commission or the City Council prior
to the adoption of the report of each of such bodies;
and (4) make all reports necessary to comply with the re- *
quirements of this Section. The consultant shall submit
five copies of a preliminary report to the Planning
Director for staff review. The Preliminary Report shall
be prepared in compiiance with the Work Program attached
hereto as Exhibit "B" . The consultant shall revise the
Preliminary Report as requested by staff i'n order to
make it suitable for draft EIR review. The consultant
shall submit 30 copies plus a reproducible master of the
draft EIR to the City. e
(b) The Consultant shall attempt.to determine as soon
as possible in his study of the area involved, thpse
factors which could,severely inhibit or prohibit the
proposed project.
present, 'he shall so inform the Planning Director who
in turn will discuss with the applicant the feasibility
of continuing with the report. The objective of this
If it,appears that such factors are
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subsection of the agreement is to minimize the costs if
such adverse factors exist.
(c) The City shall have primary responsibility for prep-
aration of the final Environmental Impact Report incorp-
orating into said report all comments made by interested
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citizens and agencies on the Draft Report. The City may
request technical assistance from the consultant in res-
ponding to comments on the draft EIR.
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(2) DUTIES QF THE CITY
(a)
provided for in this agreement.
(b)
document, studies, or other information in its possession
related to the proposed project.
(c) The City will review the Preliminary Report present-
ed by the Consultant within fourteen (14) working da>-s of
their receipt and make written comments to the Consultant
The City will make payment to the Consultant as
THe City will make available to the Consultant any
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within this time period.
(a) 'The City shall provide the consultant with copies 0:
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 avail-
able for public review.
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(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 (15) days
before the effective date of such termination.
finished or unfinished documents and other materials prepared
pursuant to this agreement shall, at the option of the City, become
its property.
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In that event, all
(4) RELEASE OF INFORMATION BY CONSULTANT
I Any reports, information or other data, prepared or
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assembled by the Consultant under this agreement shall not be made -
available to any individual or orgqnization by the Consultant
without the prior written approval of the City.
. (5) PUBLICATION, REPRODUCTION AND USE OF ENVIRONMENTAL IMPAC? REPORT ' S AND OTHER MATERIAL
The City shall have 'the unrestricted authority to
publish, disclosg, distribute and otherwise use in whole or in
part, any reports, data, or other materials prepared under this
agreement.
16) PAYMENT
The Consultant will be paid a lymp sum of
$22,500.00 dollars for work necessary to carry out the
requirements of this agreement. The Consultant shall be paid
sixty (60) percent of the above fee within fifteen (15) days
after receipt of his invoice for the completion of the draft
Environmental Impact Report in accordance with Paragraph 1-a above.
The Consultant will be paid the remaining fgrty (40) percent withir
thirty (30) days after receipt of his invoice, to be submitted
after the certification of the Environmental Impact Report by the
final decision making body.
(7) TIME OF COMPLETION
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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.
allowed as may additional days as are necessary to compensate for
days lost due to inclement weather. The Consultant shall submit
to the City, five (5) copies of the Preliminary Environmental
The Consultant will be
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Impact Report by January 13, 1978. He shall submit to the City-,
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Thirty (30) copies of 't.he ..-I ?draft Environme,ntal Impact Report by
February 10, 1978.
(8) HOLD HARMLESS AND INSURANCE
The Consultant will idemnify the City against and hold
tt harmless from all and any liability for damages on account of
injury to persons or damage to property resulting from or arising
)ut of or in any hay connected with the negligent performance or
ailful misconduct by Consultant of the Agreement and reimburse the
Zity of all costs, expenses and loss incurred by it in consequent
Df an; claims, demands and causes of action which may be brought
against it by a person other Vhan the City arising out of the
negligent, alleged negligent performance or wilful misconduct by
Consultant of this Agreement.
harmless provision shall not apply to any claims, demanzs, costs,
expenses (including costs of defense), liability, causes of actior
or judgement which occur by reason of the negligence, 0
negligence, or wilful misconduct of the City or the City's agents,
servants, or other independent contractors who are directly t
responsible to the City. The Consultants shall furnish the City
with a Certificate of an insurance with the limits of at least '
$100,000 for bodily,injuries on each occurence.
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It is understood that.this hold
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IN WITNESS WHEREOF, the parties hereto have caused this . .-
agreement to be executed as of the date and year first above
writ ten.
CONSULTANT
BY
TITLE: .
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A. STUDY PLAN
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.. Program Description and' Basic Approach -.
Urban Projects, tnc. and other team members propose to assume responsibiIity
for preparation of a Draft and a Final EIR for the proposed Japatul Business
Center Specific Plan. We understand the complexity of the project and the
mu1 ti-agency review process which wilf be necessary.
the law (CEQA as amended January 1, 1977, and Title 19 of the Carisbad
Municipal Code) are also familiar to us.
Our basic approach to this. assignment involves the following factors:
The requirements of
o Organization of a compact core team of senior professionals with
.'appropriate skills and experience to assure credibility;
o Commit,ment of a senior corporate officer as the working project
manager to maintain qual ity and time1 iness of work;
o Liaison with designated repr'esentatives of all Responsible Agencies
to assure revi'ew and format consistencies; and
o Presentation of reports in a manner which facilitates public review
and u.nders tand i ng . - -
Roles of Contractor and Staff
We-propose to act as project manager subject: to overall review by the City's
suggests that a minimum participation by City staff be programmed. However, 8
if more staff is available, the work program can be adjusted accordingly.
. designated representative. Our understanding of current staff worklcads
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Contractor Role and Responsible Agencies
*The importance of establ ish'ing and maintaining necessary coordination with
the several Responsible Agencies requires a clear statement of the relstion-
ship between the City, the Contractor and the Agencies.
We propose that the City's representatrve establ ish- a 1 ist of 'Agepcy contact
representatives for use by the Consultant Team. In addition. we request.
that he participate in the Agency Review Panel as defined in the subsequent
section on \ork Tasks.
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Work Tasks
8 The proposed work program will include the following tasks:
. Task 1: Program Organization
An orientation meeting of the core team and the City's representative will
define the work program and schedule.
items will be published.
Task 2: Data Review and Validation
The applicant's envi ronmental analyses will be thoroughly reviewed by the
core team for accuracy and completeness. Simultaneously, a s,earch effort
will seek other background information relevant to the project.
A work memo assessing status of the data and describing errors and/or
omissions will be published.
A working memo describing these
Task 3: Agency Review Panel Meeting
Responsible Agency representatives, as designated by the City's representa-
tive, will be invited to meet with the core team to review format and
schedule recommendations for processing of the Draft EIR,
A work memo defining format and process schedule will be published.
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. Task 4: Development of Draft Environmental fmpact Report
The Draft EIR will contain a brief summary of the prcposed project and its
consequences in language sufficiently simple thar the issues can be undet-
stood by the general public. The information contained in the Draft EIR
wi 11 include summarized technical data, maps, plans, diagrams, and similar
. re7evant information sufficient to permit full assessment of signif icaijt
environmental impacts. Highly technical data and specialized analysis and
data will be included as appendices.
The Draft EIR will follow a systematic, interdisciplinary approach, Individ-
uals with special expertise in given areas (e.g., traffic, service systems,
etc.) will be fully utilized. fn addition, UP1 can draw on the expertise
archaeology, and air qual i ty. -We have established closesties with experts
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t of individuals or organizations who wdrk in technical fields such as geology,
- in a variety of these specialized fields.
The Draft EIR will discuss environmental effects in proportion to their
scvcri ty and probabi 1 i ty of occurrence.
. indicating the reasons for determining the various effects of the project
that could possibly be considered significant, were not found to be signi-
ficant, and consequently were not discussed in detail in .the EIR.
It wi I I contain a statement briefl-y
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Task 5:
A complete preliminary 'draft.-rLport will be delivered to the City for
review and comment.
Fublication OF Preliminary Draft - EIR
Task 6: 'Publication of Draft EIR -
.The preliminary drsf t wi 11 be revised to incorporate City comments and
published for delivery.
Task 7: Public Hearings and Response to Comments
.The core teaniwill appear at two public hearings on the Draft EIR.
be negotiated.)
(If
. additional meetings are required by the City, a contract change order will
. Following receipt of comments to the circulated Draft EIR, the City will .
deliver them to the Contractor for written response and inclusion in the
Final EIR.
Task 8: Publication of Final- EIR *
After completion of response to comments and City acceptance, the.Fina1 EIR
will be published and delivered to the City. - ... - I.
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B. TECHIJ I CAL APPROACH
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As implied in the previous section, our basic approach to this assignment
Recognition that 'substantial environmental data about the project has been prepared and is readily available for validation;
' o Utilization of strong expecience in large industrial/commercial
. includes.:
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planned development projects; and
An unbiased perspective' of the environmental situation, o
. We have carefully reviewed the existing data and believe that much of it - can be utilized for the draft EIR after screening and validation by the
Consultant Team.
The objective of our technical approach is the preparation of compreh, ens ive
but clear reporting of environmenta,l impacts in a format which is readable
and understandable by all interested parties.
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C. SCHEDULE AND COSTS
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Prpgram Schedule .
The team organization and work program have been developed to permit an
efficient and comprehensive .effort which cs.n produce the Draft EIR within
'eight to ten weeks.
or other need for primary, research wi 11 be necessary.)
by work task, is shown below:
(This schedule presumes that no major data gaps, errors,
A complete schedule, ,
Task 1: Program Organization
Task 2: Data Review 'd Val ida,tion
Task 3:' Agency Review Panel fleeting
Task 4: Development of Draft EIR
Task 5: Pub1 ication of Prel iniinary
Draft EIR
Task 6: Publication of Draft EIR
Task 7: Public.Hearings
Weeks Elapsed ,
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Task 8: Publication of Final EIR .El
.. Budget Requirements and Fee Proposal
\.le propose to negotiate a fixed fee contract based upon a finalized work
described in the following section.
.. program' and schedule.
. is $22,500.
Current budget requirement for the proposed program .
-. This fee i-ncludes all costs for meetings and publications
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.P rog ram P roduc t s
The work program will produce-:
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o . Work memos following Tasks 1 and 2 which describe refined work
! i tasks, schedule, and assessment OF environmental data;
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Preliminary Draft Elk for City review (10 copies);
Draft EIR (20 copies); and' ..
Final EIR (20 copies).
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D. PROG RAM MANAC EM ENT Y
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Consistent 'with the basic phi fosophy of UPI, the management system for this
work program will focus on a tightly controlled process involving key
representatives of the City of Carlsbad and the Consultant Team.
We believe that the continued involvement and direct participation of such
.principals can expedite communication and avoid numerous minor problems
which are endemic to more loosely organized programs. will base its management of the work program.effort upon the covmitment of
a senior principal of the firm who wi'll also serve as project manager.
The second major featui-e of the management approach involves written
documentation of work status and progress.
Memos will be employed to assure full communication among all invoIved
participants and to identify work prog'ram problems and their expected
resolution.
Therefore, UP1
A series of regular Working -
. Third, and most important feature of the management system, is a suggested
Review Panel. Said Panel would consikt of the City's designated project
liaison, the Consultsnt'Team leader, and representatives for the various
"responsible agencies" staffs, as appropriate.
a representative from the applicant be made available to the Panel for
communication purposes.
The .sum of these and other features of the proposed management system wi 11
be a carefully organized and monitored work program which wi 11 efficiently .-
and effectively produce a useful environmental document which fulfills the
statute requirements and the public purpose.
It is also suggzsted that
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E. PERSONNEL -1 ..- i. . -*
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Personnel Organization Chart
As described on the following page, the Consultant Team structure defines
the organization of the assigned staff' and the leadership responsibi I i ty.
R. Dale Beland, AIA, AIP, will serve as project manager and corporate
officer in charge. He will be assiSted by .M. Kay Beye! and Paul R. Secord
as project professionals.
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Mr. kogers and Mr. Sn'ow, senior officers of UP1 and experienced commercial/ *-
industrial management arrd development consuItants,will serve as technical
advisors to the Team.
Basic subcontractors will include Psomas & Associates, civil engineers,
and JHK E Associates, transportation planners and engineers. Other special
expertis'k will be available as required from a group of specialists VJith
whom .the Team has worked in past ass.ignmen ts.
These have included: ..
Dr. Hal Eberhardt - Archaeology
Dr. James Hendrickson - Flora/Fauna
Aerovironment fnc. - Air Qual i ty
Dr. Ta-Liang Teng. - Seismology
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. Dr. Raymond Wurphy - Geology
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Manpower A1 I oca t i on Summa ry -.
The proposed work program will involve a level of effort estimated at
125 man-days for preparation of the draft document and additional eff0r.t I. based upon response to comments and public presentations.
Commitment of key personnel to the work program is estimated as follows:
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Beland - 50% L
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.I .. Beyer - . 90%
w .. . Secord - 30% . Van Riper,- 30%
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Austin - . 30%
Support staff - as required
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Logistics and Material
UP1 and other members of tfie Consultant Team
area. \le currently serve clients within the 8- .. ,I
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are based in the Los Angeles
region of Ventura, tos Angeles, *
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.. . :program Management
R. Dale Beland, A.I.A., A.I.P.
Senior Vice President
PERSONNEL ORGAN I ZAT I,~N
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1 SPECIAL ADVISORS {as needed) I
- Dr. Hal Eberhardt
Dr. James Hendrickson
Dr. Ta-Liang Teng
Dr. Raymond Murphy *
et. al. . - .. .
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.I C Riverside, Orange, and San Diego Counties as well as more distant areas.
\le are accustomed to mobile, efficient work programs. .' -i - our off ices in 1ks tood. and Carson accommodate our s tsf f of 20 profess iona? s
complete with all necessary support servizes.
We anticipate no difficulties in this implementation of the proposed. work
program.
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