HomeMy WebLinkAbout1990-10-16; City Council; Resolution 90-381II 0 0
1
2
3
4
RESOLUTION NO. 90-381
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND BRIAN MOONEY
ASSOCIATES FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW OF
THE ZONE 20 SPECIFIC PLAN - EIR 90-03
5
6
7
8
9
10
11
12
13
14 Carlsbad held on the 16th day of October , 1990, by the following vote, to wit:
The City Council of the City of Carlsbad, California, does hereby resolve as f
1. That certain agreement between the City of Carlsbad and Brian h
Associates for consulting services relative to the preparation of an environmental impact re1
the Zone 20 Specific Plan, a copy of which is attached hereto, marked Attachment
incorporated herein by reference, is hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized and dire
execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
15
16
AYES: Council Members Lewis, Kulchin, Larson, Mamaux,
NOES: None
Pettine
17
18
ABSENT None
19 I 2o
21
ATTEST:
22
23
24
ALETHA L. RAUTENKRANZ, City Clek
25
26
27
28
(2&t7LL &!e&&
r 0 0 ATTACHME ._
AGREEMENT FOR THE PREPARATION OF THE
ENVIRONMENTAL IMPACT REPORT FOR THE ZONE 20
SPECIFIC PLAN
THIS AGREEMENT is made this s day of Soptember , 19&, betweer
the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinaftel
referred to as CITY, and Brian F. Mooney & Associates hereinafter referred to a:
CONSULTANT. '
RECITALS
WHEREAS, the CITY, has entered into an agreement with Sunbel
Development, Ocean Bluff Partners, Bramalea California Inc., Beztak of California, anc
Carlsbad Heights Associates hereinafter called the applicant, wherein the CITY agrees to
prepare a(an) Environmental Impact Report (EIR) for the proposed project identified as
Zone 20 Specific Plan which is located south of Palomar Airport Road and west of E
Camino Real and more precisely shown on the map marked Exhibit "A", attached heretc
and made a part hereof; and
WHEREAS, the CONSULTANT has the qualifications to prepare the requirec
EIR; and
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 follows:
' (1) DUTIES OF THE CONSULTANT
CONSULTANT shall prepare a(an) EIR on the subject project in accord with
the California Environmental Quality Act as implemented by the State
I
0 0
b. Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and it
implementing resolutions. In carrying out this obligation th
CONSULTANT'S duties shall include the following:
(a) The CONSULTANT shall, consistent with the Work Prograr
contained in Exhibit "B", (1 ) make all necessary and required fie11
explorations, reviews and tests; (2) make all necessary and require1
laboratory tests and analysis; (3) appear and be prepared to answe
questions and prepare testimony on the final EIR at all publi
hearings before the Planning Commission and the City Council pric
to the certification of the report; (4) make all reports necessary t
comply with the requirements of this section. Before preparing th
draft report, the CONSULTANT shall submit five copies of
preliminary report (screen check draft EIR) to the Planning Directc
for staff review. The CONSULTANT shall revise the preliminar
report as requested by staff in order to make it suitable for draft Ell
review.
(b) CONSULTANT shall prepare a draft report in compliance with th
Work Program contained in Exhibit "B" and the Proposal fc
Preparation of the EIR on file at the Planning Department (unles
otherwise stated in this agreement), attached hereto and made
part hereof and with applicable state law and City ordinances. Th
CONSULTANT shall submit to CITY fifty copies (in 3-ring binders
plus a reproducible master of the draft EIR to the CITY.
2
0 e . ..
(c) CONSULTANT shall attempt to determine as soon as possible in hi
study of the area involved, those factors which could severely inhib
or prohibit the proposed project. If it appears that such factors ar
present, he shall so inform the Planning Director who in turn w
discuss with the applicant the feasibility of continuing with the repor
The objective of this subsection of the agreement is to minimize th
cost if these adverse factors exist.
(d) CONSULTANT shall prepare and file with the CITY written response
to all comments received subsequent to public notice that the dra
EIR has been filed. CONSULTANT shall also prepare any respons
necessary to matters raised at the public hearings. The writte
responses shall be prepared in a form that will permit the response
to be incorporated into the final EIR.
(2) DUTIES OF THE CITY
(a) The CITY will make payment to the CONSULTANT as provided fo
in this agreement.
(b) The CITY will make available to the CONSULTANT any document5
studies, or other information in its possession related to thc
proposed project.
(c) The CITY will review the screen check draft EIR presented by thc
CONSULTANT within fourteen working days of their receipt anc
make written comments to the CONSULTANT within that time period
3
I.
0 e
(d) The CITY shall provide the CONSULTANT with copies of all writter
comments received on the draft EIR subsequent to public notice tha
the draft EIR 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 noticl
to the CONSULTANT of such termination and specifying the effective datc
thereof, at least fifteen days prior to the effective date of the termination. Ir
event of termination, all finished or unfinished documents and othe
materials prepared pursuant to this agreement shall become its property
Upon termination for reasons other than breach of this agreement CIP
shall pay CONSULTANT the reasonable value of the services completed tc
the date of notice of termination.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or assembled by thc
CONSULTANT under this agreement shall not be made available to an)
individual or organization by the CONSULTANT without the prior writter
approval of the CITY.
(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF
ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIALS
All documents and materials prepared pursuant to this agreement are the
property of the CITY. The CITY shall have the unrestricted authority tc
publish, disclose, distribute and otherwise use, in whole or in part, an)
reports, data, or other materials prepared under this agreement.
4
e 0
r.
(6) PAYMENT
The CONSULTANT will be paid a maximum of $62,727.00 dollars for a
work necessary to carry out the requirements of this agreement. Actu:
payment shall be based on the cost of the report based on the costs as sc
forth in Exhibit "C" on file at the Planning Department. The CONSULTAN
shall be paid within 30 days, in response to monthly invoice, for up to six!
percent of the compensable services for the completion of the screen chec
draft EIR in accordance with Paragraph 1 above. The CONSULTANT w
be paid up to an additional ten percent upon the draft EIR being sent 01
for public review. The CONSULTANT will be paid up to an additional fiftee
percent upon acceptance by the CITY of the response to comments fror
the CONSULTANT, the final fifteen percent will be paid not to exceed th
maximum amount provided in its agreement within thirty days after receir
of invoice, to be submitted after the certification of the EIR or final action k
the City Council.
(7) TIME OF COMPLETION
Time is of the essence in carrying out the terms of this agreement. It
understood that inclement weather conditions may delay the completion (
field work. The CONSULTANT will be allowed as many additional days E
are necessary to compensate for days lost due to inclement weather. Tt-
CONSULTANT shall submit to the CITY five copies of the screen check drz
EIR within eight weeks of the signing of this agreement by both concerne
parties. The CONSULTANT shall submit to the CITY fifty copies of the dr;
EIR within ten working days of the completed staff review of the scree
check draft EIR.
- 3
0 a
._
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is in the sum
of $62,727.00 which amount is estimated to be sufficient to compensate the
CONSULTANT for all services performed hereunder during the terms of thi:
agreement. In the event at any time it appears to the CONSULTANT thal
said sum may not be sufficient, he shall immediately so notify the Planninc
Director. He will not perform any. work or incur any obligation beyond saic
sum of $62,727.00 without 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 indicate that a
change in the conditions of the contract is warranted, 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 Planning Director who will inform a principal of the
6
e 0
CONSULTANT’S firm of the necessity of such action and follow up with 2
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 negligent or intentionally wrongful
performance by CONSULTANT agreement, 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,
demands and causes of action which may be brought against it by a
person arising out of the performance by CONSULTANT of this agreement.
(1 1) 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 ensure and indemnify
both CITY and CONSULTANT 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
7
e
j.
0
person injured or $300,000 for any one accident and $50,000 for property
damage. The policy shall be written by a responsible company or
companies to be approved by CITY, and shall be noncancelable except on
ten days' written notice to CITY. Such policy shall name CITY as additional
insured and a copy of a certificate describing 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 himself 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 compensation coverage, unemployment insurance
benefits, social security coverage, or retirement membership credit.
(1 3) ASSIGNMENT OF CONTRACT
CONSULTANT shall not assign this contract or any part hereof or any
monies due or to become due thereunder without the prior written consent
of the CITY.
(1 4) SUBCONTRACTING
If the CONSULTANT shall subcontract any of the work to be performed
under this contract by CONSULTANT, the CONSULTANT shall be fully
a
e 0 ..
responsible to the CITY for the acts and omissions of its subcontractor anc
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 CONSULTANT and the CITY. The CONSULTANT shal,
bind every subcontractor 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.
(1 5) 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.
9
e 0
._
(1 6) 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.
By: &9@?&!z&/& r'
CONSULTA~T
ATTEST:
WLb /cd-
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
City Attorney
10
e e ,.
I
PACIFIC OCEAN
.. ..
I
I
I
.................................................................................................................................................................................................................... ......
Exhibit r,w~~~s~l ....... T ................................................................................................................................................................................................. BsSiiJ.
1r.1n.11 vmmv LOCA ,'I"p, 1 ...................................................................................................................................................................... n2;~5~ not to scale city 01 Carlsbad, ZONE 20 SPECIFIC'
.......................................................................................................................................................................................................................
~. . e e
..
IV. WORK PROGRAM
Co~lqx~nv Services
BFMA's work program and the services offered in this proposal consist of 2
research, evaluation, analysis, coordination, and production necessary to prepare a Drz
and Final Environmental Impact Iicport for the Zone 20 Specific Plan as outlined abor and in the RFP. This includes:
o Completion of Notice of Preparation indicating a description of the projec
its location on a map, and a statement of the project's probab
environmental effects.
0 Project scoping to determine all environmental issues that need to t
addressed in the Program EIR. This will include a review of the Specif
Plan application and a critical evaluation of all associated environment
studies previously prepared, including earlier environmental documents ar technical studies as outlined in the RFP.
0 Preparation of an initial Screencheck Draft PEIR (5 copies)*, Fin: Screencheck Draft PEIR (5 copies)* and a Draft PEIR (50 copie: consistent with City of Carlsbad's Environmental Protection Ordinance (Tit1
19) and other pertinent City ordinances and policies, as well as with CEQL
and CEQA quidelines.
0 Respond to all comments received during the public review period an
coordinate with City staff to compile the Final PEIR.
o Compile the Screencheck Final PEIR (5 copies)* and the Final PEIR (5
copies)* and subinit to the City.
0 Support graphics, word processing, and clerical services for preparation an
0 Coordinate with City staff and attend all meetings conducted by the Ci
delivery of all documents.
during the contract time frame as outlined in Section V below (3 meetinl
have been assumed), and attend all public hearings (2 public hearings ha1
been assumed). ,
* These items added as a result of conversations with City staff during ti
preparation of this proposal; they are not included in the RFP.
"
EXHIBIT "
20
. Cost Summary Q a
The cost of the environmental impact analyses described above is surnmari:
below:
0 Land Use and Land Use Conlpatibility* $3,440
I
0 Public Services/Fiscal Impact Analysis $4,800
0 Paleontology $2,250
0 Cultural Resources $53 16
The total amount for these studies equals $16,006. This Pigurc may be added to
previously proposed total (minus the earlier figure provided for cultural resources) fc
revised project total of 62,727.00 for the preparation of the Program EIR.
All other components of our previously prepared poposal remain in effect. PI1 do not hesitate to contact me if you have any questions regarding this supplement to
proposal.
Sincerely, fl-
William Graham
Director of Environmental Studies
)
EXHIBIT "(
/
a e
-*
COST ESTIMATE FOR THE ZONE 20 SI'ECIFIC PLAN PROGIWM EIR
Task CQ
. Notice of Preparation
Notice of Preparation ' $5 16.(
Program Environmental Impact Report
Agriculture
Air Quality
Biology
Circulation (subconsultant)
Circulation (EIR)
Cultural Resources Noise (subconsultant) Noise (EIR) Pesticide Residue (Soils)
Visual
Alternatives Curnulative Impacts Growth Inducernerlt
Mandatory Sections
Graphics City Revisions
Response to Comments
Word Processing Management/Editing/Analysis
-.
1,456.(
9 12.(
2,5601
12,650.(
356.(
1,840.(
2,750.(
356S 1,384S
2,328.(
1,572.( 912.( 1,012.(
9 12.(
1,680.(
1,3 12.(
1,568.(
960.(
4,440.C
Meetings/Public Hearings
Meetings (3) and Public Hearings (2)
2 persons x 4 hours each meeting 2,800.C
Direct Expenses
Travel: 500 miles @ .30 mile
Xerox: Miscellaneous
Records Searches: 115 EIR books @ $25 each
Archaeology
Biology Aerial Photograph '
150.C
200.c 2,875;C
400.C
200.c 500.C
TOTAL ZONE 20 SPECIFIC PLAN PROGRAM EIR COST: $48,601.C
34 EXHIBIT "C