HomeMy WebLinkAboutCotton Beland Associates Inc; 1997-07-17;AMENDMENT NO. 4 TO AGREEMENT FOR
PREPARATION OF A REVISED DRAFT EIR FOR
THE CARLSBAD CITY GOLF COURSE PROJECT
This Amendment is entered into and effective as of the 12th day of October,
1999, amending the agreement dated July 17, 1997 by and between the City of Carlsbad, a
municipal corporation, hereinafter referred to as “City”, and COTTON BELAND ASSOCIATES,
INCORPORATED, hereinafter referred to as, “Contractor” for the preparation of a revised draft
environmental impact report required by City for the Carlsbad City Golf Course Project,
hereinafter referred to as the “Project.”
RECITALS
WHEREAS, the initial agreement, dated July 17, 1997 identified a scope of work
for the preparation of an environmental impact report for the Project; and
WHEREAS, the parties to this aforementioned agreement desire to alter the
scope of work to include revisions to the draft environmental impact report; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto as described in attached Exhibit “A”
Scope of Services and Fee Proposal letter dated October 7, 1999 incorporated by reference
and made a part hereof;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. Contractor shall provide services as outlined on the attached Exhibit “A”.
2. City shall pay Contractor for all work associated with Paragraph 1 above, on
a time and materials basis not-to-exceed $44,979. Contractor shall provide City on a monthly
basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and
212198
related activities and costs for approval by City.
3. Contractor shall complete all work outlined on the attached Exhibit “A” within
sixty (60) days of the above date or by expiration of the agreement amended hereby.
4. All other provisions of the aforementioned agreement entered into on July 17,
1997, by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR:
COTTON-BELAND ASSOCIATES
(name of Contractor)
By:
(sign here)
&&A. d&L &Lti
(print name/title)
By:
(sign here)
&MA?%? 4&i&; LHkr~ (print name/title)
ATTEST:
DATE c
City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
212198
6
. .
CdLlFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 ,
State of California
County Of Loses
On October 18, 1999 beforeme, Patricia A. Guerrero, Notary Public ,
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
personally appeared Donald A. Cotton--------------------------------------------,
NAME(S) OF SIGNER(S)
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person@J whose nameM) is/m
subscribed to the within instrument and ac-
knowledged to me that he+&&#=q executed
the same in hisM&be+r authorized
capacity@@, and that by his-
signature@) on the instrument the person@),
or the entity upon behalf of which the
person(@ acted, executed the instrument.
WITNESS my hand and official seal.
)a. U
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
•I CORPORATE OFFICER
President
TITLE(S)
Amendment No. 4 to Agreement for
Preparation of a Revised Draft EIR fo
the Carlsbad City Golf Course Project
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
; i;;;;IAN/CONSERVATOR
Eleven
NUMBER OF PAGES
October 12, 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIW(IES)
Cotton/Beland/Associates, Inc.
____________-----------------
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
7
OCT. 7.1999 3:05PM COTTON/BELFINDASSOC. NO. 646 P.Z/lO
COlTON/BELAND/ASSOCIATES, INC.
URBAN AND ENVlRoNMENTAL PLANNING CONSULTANTS
October 7, 1999
John cahili Municipal Projects Manager City of&&bad 2075 Las Palmas Drive Carl&ad, CA 92009
Subject: Carlsbad Municipal Golf Course EIR - Contract Amendment No. 4
Dear Johx
Pursuant to our meeting on $eptember 16, 1999, and subsequent discussion with Christer Westman, we have ideniifmd the work ffirt associated with revising and recirculating the Draft EIR for the Carlsbad Municipal GolfCourse project, As we discussed, the project is ready to move fonwrd due to the recent completion of the City’s Dr& I-MP. Revisions to the completed, but not certified Final EIR are required due to the change in HMF status, a revised project description (e.g., the removal of the shooring range), revisions to biological impact acreages and corresponding mitigation requirements, availability of new archaeological infonmation, changes in the em&mmenti setting, and revisions that are necessary due to the recently amended CEQA Guidelines. The following idcnties the proposed scope of work,
schedule, and cost estimate for completion ofthe Revised Dr& and Final EI& and related CEQA documentation.
SCOPE OF WORK
CBA will revise the EIR to incorporate the new project information that has occurred since the completion of the Final EL& and subsequent revised drafts. We assume that any City departments (mcluding the City attorney) that have an interest in commenting on the EIR will do so at the screencheck drafI stage, rather than &er the EIR has been released for public review. We envision the work effort to include the following:
Tnsk 1: Scrccncheck Revised Draft 3ElR
CBA will prepare a screencheck Revised Dr& EllR to incorporate the fbltowing:
Iutrvduction: Revise to include discussion of golf course EIR history and reasons for preparation of Revised Draft EIR such as project description changes and recent completion ’ oftbe Dr& HMP.
747 EJW’ GREEN STREET SLHTE 31I0 ’ tWADENI\, CALII;ORNIA 9lloI.2119
(626) 304-0102 FAX (626) 304-0102
6356 CREEtWlCH DRIVE SlJll’E f l SAN DIECO, CALIFORNIA 92122.5922
(619) 62FdO56 FAX (619) 625-0545
OCT. 7.1999 3:05PtY COTTOtWEiELQND~ASSOC.
. * .
NO. 646 P. 3110
-
John Cahill October 7, 1999
-l3f?~o
fi-ti?~ SU~M~IJY Update to re&ct all new data and concIusions of environmental s+tions.
&&&Dacripaipn: Update project description to reflect revised project, Update all figures to include new project and to reflect current conditions such as the construction of Faraday Avenue and Hidden Valley Road, and the completion and opening of LEGOLAND.
EnulrdnmeMuI Sating: Update to reflect current conditions,
Lund Use: Update to r&et current conditions, rcmuve discussion snd analysis of the shooting range.
Biuhgicul J&s~r~~es: Rewrite cntirc section to reflect existing conditions, findings of alI focused surveys completed since the first dr& EIR was prepared, revised impact acrcagc calculations for upland and wetland habitat, and the revised mitigation ratios. This section will also need to bc revised to include a detailed discussion of the project’s relationship to the Cii’s Bat3 HMP which is curre&ly under review by the Department of Fish and Game and U, S. Fish and Wildlife Service. Complete rc-working of this section is envisioned.
T*l&on: The tmflic study prepared by Linscxq Law, & Greenq~an (LLG) dated September 8, 1997 will need to be updated. The update is needed as the existing baseline counts utilked in the study were t&n in 1996, prior to the completion of ~GOLAND and sevcra.l o&er nearby projects and prior to the compIction of Hidden Valley Road which is now constructed. Additionally, the City has a new buildout traffic model which should be
used. Revisions to the existing baseline traflic volumes will require adjustments throughout the tr&ic report. The following scope of work will be performed:
0 Utilize current City counts at the key intcrseotions along Palomar Airport Road where available. Supplement these counts with LLG counts at the Hidden Valley Road and Palomar Oaks Way intersections.
0 Conduct existing LOS analysis,
0 Revise the existing f project analysis,
0 R&it the oumulativc project situation.
. AM&e the existing + project + cumulative projects scenario.
l U&e 2020 volumes from the O’Rourke Engineering t&Tic model to analyzc the buildout condition.
0 Reassess the potential significant impacts and mitigation measures.
l Revise the traflic study and resubmit.
4
OCT. 7.1999 3 : 05PM COTTON/BELANDdXiSOC. NO.646 P. 4/l@
John Cahill October 7,1999 Page three
CBAwill incorporate the revised traffic study into the Revised Dr& Environmental Impact Report.
Air Qw&y: Update to reflect cumnt conditions.
Hydr&gy/wacer Qdily: Update to reflect current conditions.
W&W Rerouvvxx: Update to reflect current conditions.
Public Services: Update to re&ct current conditions, Existing data and conclusions contained in March 1998 Final EIR will not be re-vex&d (i.e., public service providers will not be re-contacted). This section will be revised to reflect new CEQA Guideline language which focuses on whether the project would result in substantial adverse environmental impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts.
Arclhawiogical aad IWeorrtobgi~ R~WMWS: $ection 5.8 Archaeological and Paleontological Resources of the March 1998 Final EIR was prepared based on the results of a litemture review and field survey completed by Gallegos t Associates, Inc. Gallegos & Assodates will test three additional 1x1 meter units to complete the testing program for CA- SDI-8303. At the time the previous section was prepared, the significance testing of cultural resources sites was not available, This section will be revised tx~ in&de the data to be avaihble in the technical report prepared by Gallegos & Associates. Gallegos & Associates’ detailed scope of work fur SDI-8303 significance testing is attached to this contract amendment.
i5mu&mnAWWng: Update to n&et current eondiions. Any refinements to the grading plans will need to be incorporated into this section. We assume P&D/CTE Engineers will provide updated project slope analysis, cut snd Su, and steep slope impacts maps to CBA for inclusion in BIR
H-m: Update to &Iect current conditions. Remove discussions pertaining to the relocation of the shooting range.
AgriculturalRes’ou~~: Update to reflect current conditions.
Alhmux~Xves: This mtion will be revised to reflect the new CEQA Guidelines language regmdlng consideration and discussion of alternatives to the proposed project. For example, the new CEQA Guidelines language states that the no project alternative shall discuss the existing cunditions at the time environmental analysis is commenced, as well as evaluate what is reasonably expected to occur in the foreseeable finure if the project were not approved, based on current plans and consistent with available Mastructure and community se&es.
Andy& of Long-Term Eflectx This section will be revised to reileot the new CEQA Guidelines language, as well as new data and conclusions of the EIR (e.g., biological
OCT. 7.1999 3 : 06PM COTTON/BELAND&GSOC.
-
NO m 646 P. 5/10
John Cahill ~ October 7,1999 : Page four ~
resources, cultural resources), The March 1998 Final EIR utiliied SANDAG Series 8 projections as the basis for cumulative buildout assumptions. These assumptions will need ’ to be revised to ref!lect more recent City buildout projections.
LLG Revised Traflic Gallegos Site Testing CBA oabor) Total Cost Task 1
$ 5,200 $11,560 $16,549 WwJ
Task 2: Revised Drafl EIR
Based on Ci@ review and comment, CBA wii prepare a Revised Dr& EIR for public review. The City will be responsibIe for all noticing and distribution of the Revised DR& EIR.
Cost Task 2 35,000
Task 3: Rfitigatlon Monitoring and Reporting Program
CBA till revise the Mitigation Monitoring and Reporting Program (MMRP) to reflect aU revisions to the EIR, A screencheck and a dratI MMRP will be prepared,
Cost Tnsk 3 $750
Task 1: Findings of Fact/Statcmcnt of Overriding Considerations
CBA will revise the Findings of Fact/Statement of oveniding Consideratons to reflect all revisions to the EIR, A smencheck and a drat% Findings of Fact will be prepared,
cost Task 4 $750
Task 5: Responses to Comments/Pinal EIR
CBA will prepare responses to comments and the Final EIR based on comments received on the Revised Draft EIR during the 45day public review period, A screencheck responses to commenVFiial EIR document and a Final EIR will be prepared.
Cost Task 5 s3,soo
N
OCT. 7.1999 3:06PM COTTON/BELRNDASSOC. NO. 646 P. 6110
John Cahill October 7,1999 Page five
Tgk 6: Mectingm=rinp
CBA will attend two staff meetings to discuss issues related to the Draft EIR and/or responses to comments. CBA will attend one Planning Commission Nearing under this amendment for Final BTR consideration.
CBA’s attendance at the City Council Hearing for certi&%ion ofthe Final EIR is covered under our original scope of work, CBA will invoice the final 15% of the original contract amount upon cetication of the Final FGLX by the City Council.
Cost Task 6 $920
Espenres
Expenses include mileage, reproduction, telephone, f&x,
Cost Expcnscs $750
DATA NEEDS
Our scope of work and cost e&mate to prepare the Revised Draft ETR assumes the following data will be provided to CBA:
Revised Golf Course Plan This figure should also show the alignments of Faraday Avenue and Cannon Road, as well as the proposed 72’ access road to the Hieatt
property- Revised Vegetation and Sensitive Resources Map Revised Wetland Delineation Maps (based on NRC delineation/update) Any additional biological surveys and data -l&d by other project team biologists tw.,~,g; Dudek), For example, ibrry shrimp, NRC wetland delineation, burrowing
Revised bidlogical impact acreages (upland and wetland) Revised biological mitigation plan and mitigation acreages/ratios DraftHMP DraRHMPandMND Dr&404,1601 agreements Revised Project Slope Analysis Map Rtvised Cut and Fill Map Retised Steep Slope Impacts Map Description of where shooting range is to be relocated and type of environmental review atiticipated for the relocation of the range,
OCT. 7.1999 3: 06PM COTTON~BELQNDdXSOCC,
.
NO. 646 P. 7118
John Cahill October 7,1999 Page six
DELIVERAl&&
c
4
.
l ’
l
0
0
l
Screencheck Draft ElR and Gppend&s (10 copies) Draft EIR and Appendices (1 reproducible copy) Screencheck Responses to Comments/Final EIR and Apmdices (1 reproducible
COPY) Final EIR and Appendices (1 reproducible copy) Screencheck M’jtigation Monitoring and Reporting Program (1 reproducible copy) Mitigation Monitoring and Reporting Program (1 reproducible co@) Screencheck Findings of Fact/SOC (1 reproducible copy) Final Findiigs of FactISOC (1 &produciiIe copy)
SCHEDUXE
CBAwill prepare a screencheck Revised Draft ElR fm City and project team review within two weeks of City authorization and receipt of all data needs. The Revised Dr& EIR will be prepared within one week of receipt of all City comments on the screencheck Revised DratI EIR (assumes no major intemal comments or issues identified). CBA will prepare the screen&e& responses to commentsFinal EIR, MMW and Findings within two weeks of the close of the 45&y review period, The Final EIE& MMW and Findings will be completed within one week of receipt of Cii comments.
COST ESTIMATF
CBA will complete the scope of work fbr a not-to-exceed amount of $44,979 including expenses. The cost estimate is detailed above. This estimate assumes that the City will be rqponsible fbr the priming and distribution of the Draft and Final EI& Notice of Completion and Notice of Determination,
Please give us a call if you have any qMtions regardhig our SC&M. Authorization for the scope of servicea can be provided imntediately by signing below and returning to CBA,
SitlCdy, I Authorized;
Psincipal City of Carlabad Date
1 OCT. 7.19992 : 3 : 07PM FFCOTTON/BELAND_/QSSOC ,13 13293704 1 NO. 646 P.8/10 P. 1 /
.a
MEMORANDUM
TO:
FROM:
Tim Gnibus
John Boarman,
DATE:
SUBJECT:
OOtober 6,1999
C&bad Golf Course
I
Per your request, Linscott, Law & Gmenspan, Engineers (LLG) has prepared this Smpe of Work to update the traffic study our firm prepared for the Carlsbad Golf Course dated September 8, 1997. The updated is need since the existing baseline counts utillzed In the study were taken In 1996, prior to the completion of Legoland and several other nearby projects and prior to the completion of Hidden Valley Road which Is now constructed. Additionally, the City has a new buildout traffic model which should be used. Unfortunately, revlslng the existrng baseline traffic volumes “cascades” throughout the report and the foliowlng scope is required in our opinion.
1) Utilite current City counts at the key intersectlons along Palomar Airport Road where available. Supplement these counts with LLG oounts at the Hidden Valley Road and Palomar Oaks Way intersections.
2) Conduct existing LOS analysis,
3) Revise the existing + project analysis.
4)
5)
6)
Revisit the cumulative project situation. I
Analyze the existing + project + oumulatlve projects scenario,
Utilize 2020 volumes form the O’Rourke Engineering lraffio model to analyze the buildout condition.
,7) Reassess the potential significant impacts and mitfgation measures,
8) Revise the traffic study and resubmit.
The cost estimate for this scope is $5,200,00. Perhaps a lesser Scope of Work could be completed but we believe this is necessary to bring the report up to current City standards. Two to three weeks will be needed to revise the traffic study.
743amem
OCT. 7. 19991z 3: 07PM- COTTON/BELFIND&SSOC . ‘n , -5 ‘. . . . ,a ** 5 ‘” . I **
& Associatea
NO. 646 P.9/10
- 3671 Pllmbcwly, sub A cul*rd c-mfmia 92009 (Iliof 929-0055 I’
9&3awl4 Novanbe23,1998
Tii allibus coa~el8nd~JnZnc 6310 tYhculm DriYq saltc220 San Diqp, CA al?2
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3mt&palnpoawillbc~~tllcnext~Brdgiu~ w-&E 7 fix Bela Adyhc,fo complete the almcabm datmg it shouldyoun addi&naliaformaQan,
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. .
OCT. 7.1999" 3:07PM Y5m"Cb~~~/BE~AND/AsS0C.~~ rN0.646 rp.lEvlEi
- 1 '- I, - . . ' .; . .
GALIJWOS % ASSOCMTES
CAIUSBAD GO~~~~f STUDY * NOVEMBER 23, 1998
~DDITICJNAL WORK m BUDGET AUGMEm RE- AddMona! work nerrsrary to mmplete the testing of c@M p&ist&ic sites, which was not included in the mlginal scope of work idude additional field and labcnam work to cmnplote the tcdng program lix the Carhbad Golf cdursa Pmjcet Prsently, Geidwork 2 has betn corn@t&t fir serm of the w 4bzs d uandnchathznsati’ ed Ih mntig srtc CA-SDI-8303 1s hrgcr, Additimal funding is naassary to 01) ldc three ad tional lxlm test units at Tilt T? GDI-8303. The person days ld uxupleec the ?? eldwark is anticipated tu not exceed 30 won days (10 pason days of fieldwork per unit). with additioti tab workalm ncccssary.
In addition, lab analysh fix the fhu,ti~;d$~ovcr& shell and bone] was antidpated, and the mburhl nmssm As ’ Y a, than th8aUualnumbero arttfiicts were unknown, auation wsts were nut included in the ai&.taI bud@% Wowmm, given ~carrmberof~~r#mrartdEadatc,itisantic’qabcdth;ball~~canbecuzated within six boxes (lmbic hot paths. The mst for ctu%n at the San l&go ArohaCO~Ogid Center is cslimated to not ~ceed $3,600,~ (6 bbXCs at m.(10 pa a!bic fimt). me cost for auatian will be billal sqsarat@ upon ampletim of all umk addithal wock is esthmdto not ems! fll,NO.(X). The cost to ampletc the
this study is anticipaml to not eccwi $5,SA986.00. The tmd rev&d ast td axnplcte
hitialclmi3ct
-=vii%z
$43.426.00
Cosr Br#kdowu for Additiod Work
The oxt for cutarion is edmad ac S33,6W,00 (6 boxes @~S600.00) and will be billed uponcom@Ai~ofaUwo~ Thcanstatintatcand saxpeofworkde&balabovcreflects our current undersaading of mjezt nquirem~ts, Addihmal amendmen& to the sap of Workand~st~~Winbenac~~thacarem~~anstDtheproj~orUlc rqulred scmices. ema. All otba tams and axuiitions of’our o@$al apeemeot shall remain in
LQCClZlT&Q . S;alloPnm l
By: !%natuPe of Ahthorized Rep~ehtwivc or Client
Name P&ted
Two Title
Date November 23, 1998 Date
- -‘RITE IT - DON’T SAY ‘T!
Date November 29 19 99
To File
From Isabelle Paulsen
0 Reply Wanted
ONo Reply Necessary
On this date, two original amendments were sent to Barbara Nedros, Community Development. Barbara stated that she would send an original to the consultant.
AMENDMENT NO. 4 TO AGREEMENT FOR
PREPARATION OF A REVISED DRAFT EIR
AND ADDITIONAL ARCHEOLOGICAL SERVICES
FOR THE CARLSBAD CITY GOLF COURSE PROJECT
This Amendment is entered into and effective as of the 25th day of March, 1999,
amending the agreement dated July 17, 1997 by and between the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and COTTON BELAND ASSOCIATES,
INCORPORATED, hereinafter referred to as, “Contractor” for the preparation of a revised draft
environmental impact report and additional archeological services required by City for the
Carlsbad City Library Project, hereinafter referred to as the “Project.”
RECITALS
WHEREAS, the initial agreement, dated July 17, 1997 identified a scope of work
for the preparation of an environmental impact report for the Project; and
WHEREAS, the parties to this aforementioned agreement desire to alter the
scope of work to include revisions to the draft environmental impact report, archeological
services, and attendance at meetings and public hearings as may be required; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto, and as shown on Exhibit “A” Scope of
Services and Fee;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. Contractor shall provide services as outlined on the attached Exhibit “A”.
2. City shall pay Contractor for all work associated with Paragraph 1 above, on
a time and materials basis not-to-exceed $19,307. Contractor shall provide City on a monthly
basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and
212198
related activities and costs for approval by City.
3. Contractor shall complete all work outlined on the attached Exhibit “A” within
six (6) months of the above date or by expiration of the agreement amended hereby.
4. All other provisions of the aforementioned agreement entered into on July 17,
1997, by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR:
COTTON-BE1 AND ASSOCIATFS
(name of Contractor)
By: M &%!$=+
(sign here)
(sign here)
CITY OF CARLSBAD. a municipal
ATTEST:
ziiuJ4. ~ffm, &U+ KAREN R. KUNDTZ, Assistant City Clerk
(print name/title)
(Proper notarial acknowledgment of execution by’Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs,
the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
212198
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of Los Angeles
On March 30, 1999 befOreme, Patricia A. Guerrero, Notary Public ,
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
personally appeared Donald A. Cotton _____________ --- ------_ --------------------T
NAME(S) OF SIGNER(S)
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(&) whose name&) is/are
subscribed to the within instrument and ac-
knowledged to me that he/s&&hey executed
the same in his/w authorized
capacity(+esj-, and that by his/~
signature&@ on the instrument the person(&
or the entity upon behalf of which the
person($) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATUiE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL q CORPORATE OFFICER
President Secretary 7-
TITLE(S)
Amendment No. 4 to Agreement for
Preparation of a Revised Draft EIR
and Additional Archeological Services
TITLE OR TYPE OF DOCUMENT for the Carlsbad City Golf Course Proj
0 PARTNER(S) 0 LIMITED
0 GENERAL Seven
0 ATTORNEY-IN-FACT NUMBER OF PAGES - u TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER: March 25, 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTll-f(IES)
Cotton/Beland/Associates, Inc. SIGNER(S) OTHER THAN NAMED ABOVE
:t
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
cz B E s i? personally appeared i-
i personally known to me (or proved ?I I to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
z G instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
c $ 5 and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
g
I person(s) acted, executed the instrument.
: e =. nd and official seal.
8 4
(This area for official notarial seal)
MAR. 8.1999 11:44QM COTTON~BELQNDdW3JCC. NO. 388 P. l/5
. - I
7 CO-l-l-ON/BELAND/ASSOClATES, INC. URBAN AND ENVIRONMENTAL PLANNING CONSULTANTS *
6336 GREENWICH DRIVE SUITE F SAN DIEGO, CALlFORNlA 92122
(619) 625=0056 FAX (619) 625-0545
E-MAIL cbasd@pacbell.net
FACSIMILE TlWNSbflTTAL
This is a wnjidentlal message, intended aolel~ fm thqesen io whom it C addressed
If you receive this messagv! in GIYW, plcrrpc/onwrd it to kke wrrectpwsow, nr mail it
back to us Thank you.
DATE:
TO:
FROM
COPIES TO:
PROJJKl’No:
SUBJECT:
TRANS~G
COMMENTS!
March 8, 1999 PAX I (760) 43 g-0894
John Cahill - Municipal Projects Manager City of Carlsbad
John Bridges
Don Rideout File
984.03
C&bad Golf Course EIR
3 pager bwluilng trmamlttaI
John - In response to your request and in accordance with Section 6 i&mg&h Y&k of our July 17,1997 agreement fir sewices, we have provided a cost estimate to complete a revised d&I EIR ticusing on the burrowing owl report and mitigation, the revised biology mitigation proposal, and the elimination of the shooting range fkom the C&bad Municipal Golf Course project. This change in work also includes the additional archaeological work needed to define the northern limits of site CA-SDI-8303. The following summarizes the proposed scope of services. A detailed description of the archaeology scope of work is attached.
ETR
CBA will prepare a revised draft EIR similar in format to the previous October 1998 revised draft KIR. This revised draft KIR will focus on biological resources and the revised project description. This revised draft EIR will include only the updated information for these two issues since all other project changes and issues have been addressed by the earlier Gnal EIR and the first revised draft for the Carlsbad G&Course. We understand that the revised mitigation plan prepared by P&D/CTE Engineers will not be completed until after the desired release date of the public review Revised Draft EIR. In lieu of a revised mitigation plan document, CBA will include a description of the changes to the mitigation plan (as provided
t
MR?. 8.1999 11:44F)M COTTON/BELAND/FISSOC. NO. 388 P.215
John Cahill March 8, 1999
Page two
by P&D/CTE Engineers). The revised draft will need to be reproduced and recirculated by the City for a 45-day public review period and CBA will prepare responses to any written comments received during the review period.
Following receipt of comments of the revised draft EJ.I& CBA will incorporate the written responses to comme& received on the draf& as well as other changes in the EIR text refbrencing the revised dr&, into the M EIR tir certification by the City Council. The cost estimate for completing the revised draft EIR and final ElR for certification is a not to exceed amount of 33,100.
$12O/hr P Planner $75/hr 20 Word Proc. $45fhr 12
BS Total
$ 960 $1,500
$ 540
As indicated in our previous fax (12/12/98), Gallegos & Associates has identified the need for three additional 1x1 meter units to complete the testing program fbr CA-SDI-8303. The cost estimate is a not to exceed amount of %11,560,
The Fiidings of Fact doarmont will need to be revised to reflect the findings of the bun-owing owl survey and mitigation, revised biology mitigation, and elimination of the shooting range fbm the golf course project. The cost estimate is a not to exceed amount of $765.
ts.tIdx m Principal $12O/hr P cQa $ 120 Planner s 7shr 8 $ 600
Total $ 765
The comphtion ofthis work effort, as an amendment to the July 17,1997 contract will require additional services from Cotton/Beland/Associates, Inc. that are not covered in the current contract. Our additional work effort will include administration and coordination of the subconsultant work progrm review of the
MM?. 8.1999 11:44AM COTTON/BELFINDASSOC.
. . \
NO.380 P. 3/5
John Cahill . . March 8, 1999 Page three
prepared report and findings, and attendance at two staEleve1 meetings, and one City Council meeting. CBA’s estimate for this work effort is a not to exceed amount of $3,882 which Wudes $2,3 12 5x administration and coordination of the subconsultant work progmm, and $1,380 for review of report and findings, and attendance at two stafflevel meetings, and one City Council meeting (assumes that project will not go befbre planning commission again).
istair Rate Principal SL20nlr F sbs-t S 480 Planner s75fhr 12 s 900
word Proc. 5; 4!vbl 2 s 90 Contract Admin. $2,3 12 9u1Q Total $3,882
CBA will complete a screencheck Revised Dr& within one week of authorization by the City and receipt of a description of the mitigation plan changes fi-om P&DICTE Engineers. CBA will complete the public review Revised Draft Within one week of receipt of comments from the City on the screencheck Revised Draft.
CBA will prepare one copy of the following for reproduction by the City: 1) screencheck Revised Dr&; 2) public review Revised Dr&, 3) final Revised Draft 4) draft Findings and Fact.
The total budget amount is $19,307.
Please call me ifyou have any questions. Authorization for our additional services can be provided by signing and returning this fax transmittal.
Author&d:
City of Carlsbad Date’
MQR. 8.1999 11:45RM COTTON/EELRND/ASSOC.
.I * ‘7 L , I
IG1 ALLEGOS
& Associates
3 1%
NO. 380 P.4/5
5671 hknet Way, Suite A
Cadsbad, Califomin 92C@
(760) 929-0055
98-300-2 14 November 23,1998
Tim Gnibus Cottorl/B&lld/Assodates, Inc. 6310 Greenwich Drive, Suite 220 San Diego, CA 92122
Re; Augment Request far Carl&ad Golf Course - Cultural ResourceTesting Program
DearTim:
In reviewing the Q&bad Golf Course archaeological field results, additional work is recommended for preWoric site CA-SDI-8303. This village site is largeq d a and richer than anticipated and thnx additional Ix1 m units will be necessaq to camp ete the “s testing progmm. The mst to wmplete this work plus additional laboratoy analysis is anticipated to not exceed $ll,%O.OO and all fieldwork can be completed within the next three weeks. The fieldwork and laboratory analysis for the remaining seven sites has been wmp1etcx-I and major portions of the report have been completed.
The t&al w wiU be comple&d witbin the next six to eight e, given the four weeks necessary for Beta Analytic to complete the radiocarbon dating. please call me should you need additional information.
MAR. 8.1999 11:45AM COTTON/BELQND/ASSOC. NO. 380 P. 5/5
.- I ; -
- .
GALLEGOS &k ASSOCIATES AMENDMENT TO AGREEMENT
I CARLSBAD GOLF COURSE - CULTURAL RFSOURCE STUDY . NOVEMBER 23, 1998
,$.DDITIONAL WORK AND D-GET AUGMENT REOQ$SJ Additional work necessary to complete the testing of eight prehistoric sites, which was not included in the original scope of work includes: additional field and laboratory work to complete the testing program for the Carlsbad Golf Course Project. Presently, fieldwork has been wrnpleted for sem of the tight sites. The remaining site CA-SDI-8303 is larger, w and richer than anticipated. Additional funding is necessary to complete three addnional lxlm test units at CA-SDI-8303. IBe person days to complete the ddwork is anticipated to not exceed 30 person days (10 person days of fieldwork per unit), with additional lab work also necessary.
.
In addition, lab analysis for the faunal material recovered (shell and bone) was h’ er than anticipated, and the reburiaI necessitated additional time. ? As the actual number o arBac& w~eunbown, curation costs were not included in the original budget Howeve, given the number of artikts recmazd t&ate, it is anticipated that all artiWs can be curated within six boxes (l-cubic hot each). The mst for curation at the San Diego ArchaealogicaI Center is estimated to not exceed $3,600.00 (6 boxes at !WOO.OO per cubic foot). The cost for cur&ion will be billed separately upon completion of all work, The cost to complde the additional work is estimated to not e~ceed $11,560,00. The total revised cost to complete this study is anticipated to not exceed $54,986&O.
Initial contlact $ 43,426.OO
$54,986,00
Cost lBr&down for Additional Work Ho- Reburia1 Costs Fieldwork
40
Rate
%8 $45:00 $30.00
TaGrt j; 600.00
$11,560.00
The cost for cumtion is estimated at $3,600,00 (6 boxes @ !$600.00) and will be billed upon completion of all work The cost estimate and scope of work described above reflects our current understanding of project requirements. Additional amendments to the saq of work and cost estimate will be necw if there are modifications to the project or the required services. AR other terms and conditions of our original agreement shall remain in effect.
m . S;m!gos & &&g&es
Name Printed
Title
Date
Name Printed President
Title November 23. 1998 Date
April 7,1999 4&z/l -iv L/L&. TO: CITY MANAGER c
VIA: TY DEVELOPMENT < CTOR
FROM: MUNICIPAL PROJECTS
RE: AMENDMENT NO. 4 COTTON - BELAND:
CARLSBAD CITY GOLF COURSE
Attached are 3 copies of Amendment No. 4 to our existing agreement with Cotton - Beland for
required work related to the Golf Course Project.
The supplemental work includes revising the DRAFT EIR to incorporate the latest
environmental field data and to bring the EIR document in line with the tentative issues
resolution with the Resource Agencies regarding the HMP and its effects upon the Golf Course
Project. The other scope of work item is the authorization for our archeologist Dennis Gallegos
(through Cotton - Beland) to finalize the onsite review and categorization of the archeological
resources on the site. This work needs to be accomplished prior to issuance of both City of
Carlsbad and Resource Agency permits and approvals for the project.
Please sign all 3 copies of the Amendment andforward them to the City Attorneys Oflee. Ye?
The City Attorneys Ofice should then forward them on to the City Clerk to complete the
signature process.
The completely executed copies of the Amendment should be returned to this ofice forfinal City
processing.
One Copy of the Agreement was sent to Purchasing 4/19/99.
One Original Agreement was filed in the Office of the City Clerk.
Two Original Agreements were returned to Municipal Projects Manager, John Cahill.
h 4
AMENDMENT NO. 3 TO AGREEMENT FOR PREPARATION
OF A REVISED DRAFT ENVIRONMENTAL IMPACT REPORT
FOR THE CARLSBAD GOLF COURSE PROJECT
. This Amendment is entered into and effective as of the 13th day of October,
1998, amending the agreement dated July 17,1997 by and between the CITY OF CARLSBAD,
a municipal corporation, hereinafter referred to as “City”, and COTTON BELAND ASSOCIATES
INCORPORATED, hereinafter referred to as “Contractor” for the preparation of an
environmental impact report for the Carlsbad Golf Course Project, hereinafter referred to as the
“Project”.
REClTqlS
WHEREAS, the initial agreement, dated July 17, 1997 identified a scope of work
for the preparation of an environmental impact report for the Project; and
WHEREAS, the parties to this aforementioned agreement executed Amendment
No. 1 to said agreement on March 24,1998; and
WHERES, the parties to this aforementioned agreement executed Amendment
No. 2 to said agreement on May 14,1998; and
WHEREAS, the parties to this aforementioned agreement desire to alter the
scope of work; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto as shown on Exhibit “A” Scope of
Services and Fee letter dated September 14, 1998 with accompanying attachments;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. Contractor shall provide services as outlined in the attached Exhibit “A” to
1
212198
include preparation of a revised Draft Environmental Impact Report for the Project including
supplemental biological resource data collection and development of a shooting range noise
mitigation analysis. .
2. City shall pay Contractor for all work associated with Paragraph 1 above, on
a time and materials basis not-to-exceed $14,090. Contractor shall provide City on a monthly
basis copies of invoices sufficiently detailed to include hours performed, hourly rates, and
related activities and costs for approval by City.
3. Contractor shall complete all work outlined within the schedule outlined in
attached Exhibit “A” or by expiration of the agreement amended hereby.
4. All other provisions of the aforementioned agreement entered into on July 17,
1997 by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR:
(sign here)
~&2PdYL9- djik; ls4Lu
(print name/title) ATTEST:
City Clerk
/ L/d&! &&.r JUT
KAREN R. KUNDTZ, Assistant City Clerk
November 3, 1998
(print-name/title) DATE
(Proper notarial acknowledgment of execution by Contractor must be attached.)
2
212198
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of Los Angeles
On October 22, 1998, beforeme, Patricia A. Guerrero, Notary Public ,
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
personally appeared Donald A. Cotton--------------------------------------------,
NAME(S) OF SIGNER(S)
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITYCLAIMEDBYSIGNER DESCRIPTIONOFATTACHEDDOCUMENT
0 INDIVIDUAL
kl CORPORATE OFFICER
President
Amendment No. 3 for Carlsbad Golf
Course EIR
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED q GENERAL
0 ATTORNEY-IN-FACT
0
0
TRUSTEE(S)
GUARDIAN/CONSERVATOR
0 OTHER:
11
NUMBER OF PAGES
October 13, 1998
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIl--f(IES) Cotton/Beland/Associates, Inc. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs,
the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
212198
SEP. 14.1998 3:49PM COTTON/BELfWDGISSOCC. NO. 812 P. l/8
COTTON/BELAND/ASSOCIATES, f NC. URBAN AND ENWRONMENTAL PLANNING CONSULTANTS
6336 GREENWICH DRIVE SUITE F
SAN DIEGO, CALIFORNIA 92122 (619) 625~0056 FAX (619) 625-0545
FACSIMILE TRANSMITTAL
DATE: September 14, 1998 FAX # 760438-0894
John Cahill - Municipal Projects Manager City of Carlsbad
PROJECT NO: 984.00
SUBJECT: Carlsbad Golf Course EIR
’ TRANSMITTING: 8 pagaa lncludlng transmlttal
COMMENTS: John - In response to ybnr request and in accordance with Section B Changes in Work of our July 17, 1997 agreement for services, we have provided a cost estimate to complete a revised draft EIR focusing on biology and noise, additional gnatcatcher studies (spot mapping) and additional noise analysis of the proposed relocated shooting range for the Carl&ad Municipal Golf Course project. The foIlowing summarizesthe proposed scope of services. A detailed description of the biology scope of work and the noise scope of work is attached.
CBA will prepare a revised draft EJR (instead of an EIR Addendum) focusing on the issues of biological resources and noise. This revised draft EIR will include only the updated information for these two issues developed since completion of the earlier final EIR for the Carlsbad GolfCourse. The revised draft EIR will need to be reproduced md recirculated by the City fbr a 45-day public review period and CBA will prepare responses to any written comments received during the review period.
Following receipt of comments on the revised draft EIR, CBA will incorporate the written responses to comments received on the draft, as well as other changes in the EIR text referencing the revised draft, into the fInal EIR for certification by the City Council, The cost estimate for completing the revised draft EIR and final EIR for certification is a not to exceed amount of $3,500.
SEP.14.1998 3 : 49PM COTTON/BELANDdXiSOC. NO. &I2 P.2/8
,Biological Resources
Merkel & Associates will perform additional observations of Cal&r@ gnatcatcher use areas at the golf course site. These incl,ude locations #5, #9, #12, and #I5 identified in the previous protocol gnatcatcher survey. The work will be perfoxftled using USFWS protocol by mapping approximately fifty “point” locations at several dif%rent times of day with no less than five minute intervals betwfen sightings. A report will be prepared summarizing the results. The cost estimate is a not to exceed amount of $4,540.00.
Shootine Ran!ze Noise Mitiaation AI&&s
J,J. Van Houten & Associates, Knc. will examine noise mitigation alternatives for the relocation of the shooting range. This analysis will include identification of alternative noise mitigation measures as needed to achieve the noise standards of the August 26,1997 report (revised Oct. 21, 1997). Consideration will be give to the application of partial enclosures, barriers and absorptive materials, A report of findings will be prepared which includes the various alte tives x and a recommendation for the most cost-effective approach to meet g the noise standard. Attendance at one public hearing is assumed. The cost estimate is a not to exceed amount of $3,550 which includes $3,000 for the additional study and report preparation, and $550 for attendance at one City Council hearing (4 hrs @125.OO/hr t mileage).
The completion ofthis work effort, as an amendment to the JUty 17,1997 contract will require additional smrices i%om Cotton/&land/Associates, Inca that are not covered in the current contract. Our additional work eff’ort: will include admin&ation ofsubconsultant work programs, coordination with subconsultants during preparation of the additional studies, review of prepared reports and findings, and attendance at on,e stti level meeting, CBA’s e&mat% for this work effort is anot to exceed amount of $2,500 which includes $1,500 for administration ofsubconsultant work programs, and $1,000 for coordinationwith subconsultanta, review of reports and findings, and attendance at one staff Ievel meeting.
The total budget amount is $14,090~00. We understand that this contract amendment will need to be approved by the City Council. Please note, per your verbal autborization, biological surveys were initiated July and a report has been completed for the gnatcatcher use areas.
Please call me if you have any questions. Authorization for our additional serw’ces can be provided by signing and returning this fax transmittal, 1
Authorized;
City of Carlsbad Date
Au@S,E,p .$t . ,1,9,98r 6 ; ?; 58f7’l c I EOTTON/BELRND4SSOC. JE FAX NO, 4380894 NO.812
1 I VI’ unl\Lduilu VUIIll p* 9:‘8v2
Merkel & Associates, hc. 3944 Murphy canyoh Road, Suite Cl 06 l San D&JO, CA 92x23 .I + . _ I, . ,.“,,,~,.,” 111,111 I,
I ’ I Ph. (6i9) 560-5465. i-ax (61915607779 I ‘i. ; .‘i’L w-- s E-mail MerkehcBnal.eam ..-..........,, _ . . . . .*... *,..- . . . . . . . h..,,,..,.....“*,. . . . . . 4 . . . . i .._..-..-.-...-. :.-.. -..i . . ..- A-,“.a. ..mw~
Jyly 22,1998 M&A-97-052-03
Mr, John Cahill
. Community Dwelopment Director
City of CarMad
2075 Las Palmas Dave ’ .
Carlsbad, CA ~2009489
‘Re: Carlebad GolfAdditional Gnatmtchm Studica
.’ Dear John:, ’ .*
Follwing our meeting last week concerning the need to .conduct additional obsexvations
of CaIifotia Gnaccaticr use areas at the Carlsb~ MunMpal Golf Come ate, we have
coxnplrrted a ‘proposal ior 'this Mended work schedule. Yori have authoiiied this wwlc
to be in.itiated.as pan. as possible, and field work will be@ today. LoatGms #S, Jlc 1.2, and # Z S noted in our previous ~tcat&cr report lie near the pro$zty line. The primary
goal of this latest w sexi&! will be to.providq more spetifsc use area information
comeming gnatcatchefs’ptesrnt owsitc, and help detezmine sf the primary use areas of
these three resident pairs previously noted are irn or off-site (or some combination of the two). In addition, we will conduct spbt mapping at zdcatldn #9, which is entirely on-
* site, but may not si@canrly overlap ontb deveIopment areas for the proposed golf
course. Location #8 T removed from our por.qti~ survey list folIowing further
discussion with Betty Dehoney; work at this l&a&n is unlikely to yd significant new infurrnarion. ’
We amicipatc a maximum 6f 60 field houk wil! be required to spot map the four
gnaw&w use a.reas discussed during the mcerlng (40 hours arc ,aXkmted foot, associate
biologists and 20 hours for a senior Malogist), Arry additional field work would be
autiorized pn a time ,and rn&rials basis by the ‘&ty. Qe w&k will be performed
utilizing USWS prorocol, - approxinw* F$ty locations mapped at several different
times of day with no less th+n five&we intervals between sight&s. Ln ad,cUdon to
the field work, maps will be provided sh&g site locxio,ns, and a concise report WiIl
be delivered summarizing resu.ltsb IS hours (10 hours for graphic arcisq and 5 hours for a senior biolo@st)are allocated to complete this report summary.
BlologlaI CansUMg l Environmental Permitting l Habitat Reitotation v E&logical Management
._
f)U(+S~~ .J$ . .1,9,9818 : ?J 5WM C I ‘C~T_TpBELQND/R~~~~. j’)E NO. 812 “, lllr”“. 1Y FAX NO, 4380894 p - $23
l
w
.
Mr, John Cahill
Page 2
July 22,1998
Ir ir anticipated that spot mapping at’this time of year could in&de adult gnatcatchers
with juveniles. Temitary Mappi%* is, ,best conduqed earB.cr in the seascm prior to
fledging young birds. Use are= *are evolving and may be expanding scunewhat at -this
time of year to provide for the needs of the young birds, Cost to perform this iwork wiil
be $4540. A billing rate and schedule of fee& wU be included wfrh this Ierter. If you
have any additional questions please call. Im
,
‘-6EP. 14.1998::! 3:5WM4~4i’COTTON&ELAND/ASSOC. JJVANHUJTEN8A NO.812 P.5/8: 02
. cdtavBmWA -A ,k
bpdPikPlSZS-9S
J. J, VAN HOUTEN & ASSOCIATES, INC.
bhnJ.vCnHoupasPE i-lmdrq sq@nur hl4cruniu Augusr 3 1, 1978 Proposal File P 162598
COTTON/BELKND/ASSOCIATES, INC.
63 10 Greenwich Drive, suite 220 San Diego, CA 92122
Attaxtion: Mr. Tim Gnibus
Subject: Proposed Examination oWXgati0~ Mmes for the Rdacation oftbe Police !%ooting Range, Carlsbad
Dear Mr. Gnibus,
The fbllowing consulting service is proposed to examine n&se mitigation
alternatives fbr the relocation of the shooting ranp:
Altematiw Mitigation Measures
1, Identify altem&ve noise mitigation me~~res 11s needed to achieve
the noise standards of our report dated August 26,1997 (Revised Oct. 21,1997). Consideration will be given to the application of
patiial eucloswes, baniers and abeoqhve mateMs.
2. Prepare a report of find&s which inchrdes the vtiow alternatives
and a rec~mmeadation for the most cast-effective approach to meeting the noise stendsrd.
ADDITIONAL CONSULTATION
Provide additional conmhion, beyond the proposed tasks, which may
include appearance at staff meetings, public heariqs, review ofproject drawings, or tcstbg of the corapleted project.
332OE ChupmanAve. #323 omnge, WI 92869
949#76-OW2 F4XplSW764023
1
89$EP. 14.19986: ’ 3: 51PM4947COTTOWBELQND~~‘=OC. JJVANl+CUl-EN&A NO. 812 P.6/8: 03
CONDITIONS
AlI tasks are to be completed in a professional manner accor&g to nandard practice. Any alteration or deviation from the r&s proposed involving cxcrs costs will be executed only upon mthoxization and will become an extra. chstge over and above Ehe f&c proposed. All agreemarts will be ocmtiagem upon strikes, accidents, or delays beyond our control. Our employees are filly covered by Woficers’ Compensation kufancc.
FEE
We propose to f4mish cousulttng semices in accordance with the above tasks and conditions for the n~~~bmmxtxled fbe of:
Design Alternatfves: Twenty-two Hundred Dollars ($2,200.00), per attached Exhibit A.
Dcriga Review: Eijjht Hunbcd Dollars (S800.00) pm attached ExhMx A.
Terms: Net upon completion of our report.
Additional Conrultation: One Hundred Twenty&c Dollars (SlZS.00) per hour phs Mlcage at Thirty Cents (SO.30) per mile.
INSURANCE
J. J. Van Houtcn and Associates, Inc. maintains insurance as follows;
l State Fund workers’ compensation insurance at requlrcd legal limits.
l bineso and auto liabiity, $1 million
. ProfJessionalliability(Emm and0miasi0ns),S500,000.00
2
J.J. VAN HOUTEN ilk ASSOCIATES, ~NC.
B g/?!!f ~L~*-l99_E! 9: c, 3: 5IPM1g4te3P_T_TPN/BELFIND/ASSOC. JJWiNHUW’IEN&~ NO. 812 P.718 81
.c
. .
Plcaw contact the une at (714) 476-0932 if ym require addiihal
Mbrmation or dafXation of our proposal.
3. f. VAN HOUTEN & Assoc
N
TES, INC.
. &zis&-
OhUJ. outa& P.6,
ccmsu’ EnginaerlnAeanbits
Acknowledge and Accept this Proposal:
T. Gnibur
3
J. J. VAN HOUTEN & ASSOCIATES, INC.
B%EP. 14.1998;: ! 3:5lPtl394tCOTTON/BELFIND/ASSOC. JJUi++lHUrEN&A NO. 812 P.818: km
edhdbhdlohislnc. Rlqel Pilr PI92988
EXHlBlTA
Fee Schedule: J. J. Van Houten & Associates, Inc. 3320 Em Chapman Avenue., #323
Change, Califda 92869
HOIJRL’Y LABOR FEE SCIIIUXJLE
Clruifkation
Consulting Engineer in Acoustics s125.00 Pfimipal Comultaat 110,oo Senior Ekgiueer 95.00 Senior Associate 73.00 Associate Engineer 75.00 Wo.rd ‘Pmcessor 65.00
Technician 55.00
luustrator/Draftsm8ll 55.00
FEES FOR EXPENSES
Fee/Hour
1. Items as follows are hoiced at cast plus 10% - subcontract
services, travel expenses, reproduction, consumables, and telephone charges. 2. Mileage is invoiced at the rate ofthirty cents per mile.
3. Equipment Fe e - an incidental fee to cover the cost of calibration and ma&emtncc of mist measurement instrurnentati~n and computer equipment is invoiced at the
rate of 156/o of the total labor fee for each assignment
iwolving no&e me aswunents and computer applications.
It should be noted that the foregoing wage rates are effective through
Decembez 3 1, 1998. The rates will be adjusted a&r that date to
compensate fa cost of living and otbcr increases in labor costs,
5
AMENDMENT NO. 2 TO AGREEMENT FOR PREPARATION
OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
CARLSBAD GOLF COURSE PROJECT: PREPARATION OF
ADDENDUM AND SUPPLEMENTAL BIOLOGICAL SURVEYS
This Amendment is entered into and effective as of the 14th day of
May , 1998, amending the agreement dated July 17, 1997 by and between the
CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and COTTON
BELAND ASSOCIATES INCORPORATED, hereinafter referred to as “Contractor” for the
preparation of an environmental impact report for the Carlsbad Golf Course Project, hereinafter
referred to as the “Project”.
REClTAl ,S
WHEREAS, the initial agreement, dated July 17, 1997 identified a scope of work
for the preparation of an environmental impact report for the Project; and
WHEREAS, the parties to this aforementioned agreement executed Amendment
No. 1 to said agreement on March 24,1998; and
WHEREAS, the parties to this aforementioned agreement desire to alter the
scope of work; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto as shown on Exhibit “A” Scope of
Services and Fee letters dated April 1 and April 27, 1998 with accompanying attachments;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. Contractor shall provide services as outlined in the attached Exhibit “A” to
include preparation of an addendum to the Environmental Impact Report for the Project and a
1
212198
protocol survey for the California Blacktailed Gnatcatcher on City owned property at Lake
Calavera in the City of Carlsbad, including the Contractor’s administration of this activity.
2. City shall pay Contractor for all work associated with Paragraph 1 above, on
a time and materials basis not-to-exceed $3,100 for the addendum and $3,120 for the survey
for a total fee of $6,220. Contractor shall provide City on a monthly basis copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
3. Contractor shall complete all work outlined within the schedule outlined in
attached Exhibit “A” or by expiration of the agreement amended hereby.
4. All other provisions of the aforementioned agreement entered into on July 17,
1997 by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR:
COTTON BELAND ASSOCIATES .
By: m .&&4&U , I - (sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
’ City Manager
d b&Yi &I&-- /&og?~G, &/M&P&
(print name/title) ATTEST:
By: (sign here) NZ‘
KAREN R. KUNDTZ, Assistant City Clerk (print name/title) Mav 14, 1998
DATE
(Proper notarial acknowledgment of execution by Contractor must be attached.)
2
212198
; . .
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs,
the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY
212198
, WR.16.1998 1:37PW muma.. l - co~zMELRND~Assoc. 4 &~!+pcf+‘ry
COTTON/BELAND/ASSOClATES, INC. TS4! 00
URBAN AND ENVIRONMENTAL PLANNING CONSULTANTS
6336 GREENWICH DRIVE SUITE F SAN DIEGO, CALIFORNIA 92122 (619) 625-0056 FAX (619) 62510545
DATE;
TO:
FROM:
COPIES TO:
PROJEC? No:
SUBJECT:
TRANSIWITING:
COMMENTS:
FACSIMILE TRANSMITTAL
April I,1898 FAX d 760-438-0894
Jahn Cahill - Municipal Projects Manager City of Carisbad
John Bridges
Ej-ii&er Westman
984.00
Carlsbad Golf Course EIR
2 pages including tmnsmittal
onse to your request and in accohnce with Section 6 Q& of our July 17, 1997 agreement for services, we have provided a cost estimate for preparing an Addendum to the Final EIR for the Carlsbad Municipal Golf Course project.. We have also included an additional task for updating the DrafI Findings of Fact to reflect the revised mitigation program.
As a result of comments received lhm the Deparbnent of Fish and Game and U.S. Fish and Wildlife Service,, in addition to subsequent meetings with repmtative!s fhn these ~~~JMXS, the City and CDFO and USFWS will continue to meet over the next few weeks to resolve a mitigation strategy for the golf course. At the April 1 Planning Commission Hearing, staff recommended that the Planning Commission cerlify the m acknowled@ng that the EIR will include an addendum to be prepared and submitted to the council for their consideration.
Below is our cost estimate for completing the Addendum and revised Findings and Fact based on the work effort anticipated between the April 1, Flaxming Commission Hearing and City Ccnmcil Certification of the Final EIR and Addendum.
I - QPR.16.1998 1:37PM COT~ONdELQND/. m . . No. 091 P.2/2
John Cahill April 1,199s Page hvo
Personnel principal P1alU.W
GTi@.iCS word ProcessiJIg
Expenses/Repro
Total
Eours/Rotc cost
* ;iE;g? $1,050 $1,400 4 hd$SO 10 hrs/w $ :%I
$ 50
The cost estimate includes compl&m of three copies of a screencheck EIR Addendum and Draft Findings of Fact for City staff rev&w and a single ; ,.-,-.\ I. ! final EIR Addendum and Draft Findings of Fact original (ahd corn uter disk copy) for City reproduction: The cost estimate also P inc udw attendance at the Participants Meeting on April 16m,
Please call me if you have any questions. Autioxization for our additional services can be authorized by signing and Hurning this fax transmittal.
Authorized:
cay of Carl&ad Date
, fyR.27.1998 2:EPrl Co~cmELGtw~. No. 191 P. l/3 -
COl-i’ON/BElnNDIASSOClATES INC. URBAN AND ENVIRONMENTAL PLANNING CONSULTANTS
6336 GREENWICH DRIVE SUITEF
SAN DIEGO, CALIFORNIA 92122 (619) 625-0056 FAX (619) 625=0545
FACSIMILE TRANSMITTAL
DATEi: April 27,1998 FAX # 760-438-0894
TO: John Cahill - Municipal Projeds Manager City of Carlsbad
FROM: John Bridges
COP ES TO: Chrker Westman File
PROJECT NO: 984.00
SUBJECT: C&bad Golf Course EIR
TRANSMITTING: 2 pages including trammittal
COMMENTS: John - I
In response to our JuIy 17, PJI request and in accordance with Section 6 m WQ& of 997 agreement for services, we have provided a cost estimate to complete a protocol gnatcatcber survey for the City owned property at L&e Calavera. Merkel & Associates will p&orm the protocol gnatcatcher survey. A letter report cove&g information for this s estimate is a not to exceed amount of $2,400. IF ies will be provided, The cost .
The compktion of this work efJ%rt, as an amendment to the July 17,1997 contract will rm additional services from Cotton/Beland/ASates, Inc. that are not covered in the cment contract. Our additional work effort will include administration of subconsultant work programs, coordination with subconsultants during preparation of the additional study and review of the prepared report and findings. CBA’s estimate for this work effort is a not to exceed amount of $720. The total budget amount is $3,l20.00.
Pkase call me if you have any questioos. Autho~%&on for our additional services can be authorized by signing and return@ this fax transmittal.
Authorized:
City of Carlsbad Date
No.191 P.2/3
MERKEL & AssocL4m, INC.
3944 Murphy Canyon Road, Suite Cl06 San Wego, CA 92123
project Facts and Conditions ** please M in rhc baldfljoii alcu with yaw infomali0t1
Dam: April 20, 1998 M&A Prajcct No. 98w-00
Your hject No.
PqjectN~~. Calavcra b Onatwtchcr Survey
PortJ Raptmdbcc for l#rmlgJ: cottfm wand & hsociams , 6310 Grcawic.h Dr., Suie F San Diego, CA 92122
Pboxle No: (619) 5606465 Fax No: (619) 560-7779 Delivery Address: 3944 Muphy Cyn Rd, Suite Cl06 San Diego, CA 92123
&i&ilms to whith do- amrobrmk
SamCASAbove
Phone Nrmber: (6 19)625-0056 Fm lhmbm (619)625-0;45
8RRVICl3!3'l'OBRPROWDED~~&AssoMTBs: USFWS Protocol level sunq for Califbrnia Gnatcarcbcrs on the 252 acre Calaven Lake Site.
cos!Fs: 0 Not-to-Exceed $ P.O. # (if applicable)
q FixcdFce$Luclo~
U ‘JJmeandMat&lswithan&imatcCostof$
0 Amount of Advance $
Wereguka-n~asadeposittostattwork, Wealso~quirec2lrec(3)~of~blus-~Mpogr;lphic pqject map and any written accompanying specifications or requimmeuu.
We a~ ptufkssional cons&ants being retained by you to supply biological information on your project. WC
an not project advocates. We strive tc maintain an objective outlook and credibility in our analyses and recomraeudations by providing the ncccssary level of information at a competitive cost. WbiIe we attempt to provide our clicttts alI of the information at ottr disposal to make clear attd logical decisions, we arc not repmcnmtives of our clients or a particular project and will not malcc commirmcnts or de&ions on behalf of our clients udeiss speci&xlly directed ta do so, in writing.
BILLING
Billin8 for time and material project and not-to+xcc&l costs. is based upon our hourly rates as of April 1,1997, which are as tillows:
Principals f 120 Bidogical Technicians s 45 Project Coordinator $ 60 Marine Technician $ 52 Senior Biologists $ 72 Production Graphics /‘Tech. Support $ 42 Assoaism Biologists S 58 Clerical Support S 38 Expert Witness s 180 Sub- Consultanta cost + 15’1s
, * .
* pR.27.1998 z:EePrl co~zJN&mNDm. No. 191 P.W3
Billings arc due sod payable within 30 days of invoice date. Additional charges arc lirtul below:
PastdueBill&gPmoess@Feefmeacb Addidonal30-Day Period Intcrcstonovduebiuing3 Lien Rckase per Dommt RoofofIIlsmmceorAdditionalInsurcd Mil~(2WllWIdrfva) Mileage (4 wbecl drlvc) MSltWidS
s 100.00 1.59ho. s so,00 AtCost s 0.4a/mile s 4wlay+mileage At Cost
AttaKha at meedngs is a additiowl charge at dlc appmpriatE bolxiy rate. Fixpress Mail, mwsengcr service, apd
any materials are akIitiona~ was fbr Fixed Fee projects.
A~o~wor~~dbytheclicaraprhc~agmcyaddaurhorirrdbymeclienrwiUbeWledonatime
slid trmxss bask.
oarbillingJwillgivohorns~fbFlpmcandMamaials,b\naot~~Feo~~rs. Dailworkitemswiu mtbcgivmbydmschomchargod ~isan~conditioa~nquiresnmrc~accountizlg~orranour pttorcscarcllthc~
cl r3litialtIdsboltifsuchinfolmadoniEnguired. ’ TheexffacostwiUbo5%ofthePixed~~thefinalT/Mcbargcperinvoice.
In addition to suppI@g us witi three copiw of blue-he maps showhg topographic relief of the site, we need m havoamapstmvingaccess. Wewill~~anymspn~5or~n~~asfltellasMeproj~filing nmeforourrepondocumnt. Wcalso~nccdkeystoanylockcdgam Cons~derthesenecdswhensupplying
wwl~theprtviowly~icemJ.Otherinms~wlllmpircareafollows:
Please check m be me you have filled in the neccssaty Umnadon above and sign below co acknowledge yaur
underntaoding of our to&. Return a completed copy oj this document to us atong witb any other necessary itanu for us ta commence work.
Documems~~thisagrcemcot,willbcIhepmpertyofthec~~uponihllpaymentofancostsandwin besubmittedtothcclientordesignce. M~~l8tAssaciareawillnotdlcecdysubmirthcsedocumentstopubllc agencies, unless so fequcad by the cliuu. McckcI $ Asociates does, however, reserve the right to u&c generic
bioIogicaI information collected during the course of tbe investigation to prepare scientifk papers, ta!ks/seminacs, or -g materials for public dissemiLlaticn.
The undersigned client also hereby agms to bold harmless Me&l& Associates, Inc., a Califtia corporation, for biological reponing and other associated services rendered. The information proMed will be to the best of our
knowledge and abiiiths and said lnforxuadon may or may not support tha proposed project.
Merkel & Associates is an independent biological consultiug firm, contracted m provide facrual information aud
objective analyses. Me&e1 & Associatea is not a project proponent or represent&~ of the engineer or applicrmt.
NiUUt Ta? Date
COP-Y Name
-You
Mm & Associates, Inc.
-
State of California
xi,;, County of >
ss.
On 6.. - y - 9 ,g , before me, t/ Jm&///, /!jr&/ iill/c . _
Date Name and Title 0) i&r (e.g., “Jane Doe, Npkuy Public”)
personally appeared i J r! /q 1’7 /!x$!~, L)cx //c/ Jy&JG p 5
Name(s) of Signer(s)
0 personally known h
i
,
me
xproved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above I / _,.,’ Signature of Noia Pub@
1,’
OPTIONAL i
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
q Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
TOQ of thumb here
0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627
AMENDMENT NO. 1 TO AGREEMENT FOR PREPARATION
OF ENVIRONMENTAL IMPACT REPORT FOR THE
CARLSBAD GOLF COURSE PROJECT
This Amendment is entered into and effective as of the 24th day of
March , 1998, amending the agreement dated July 17, 1997 by and between the
City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and COTTON
BELAND ASSOCIATES INCORPORATED, hereinafter referred to as “Contractor” for the
preparation of an environmental impact report for the Carlsbad Golf Course Project, hereinafter
referred to as the “Project.“.
RECITALS
WHEREAS, the initial agreement, dated July 17, 1997 identified a scope of work
for the preparation of an environmental impact report for the Project; and
WHEREAS, the parties to this aforementioned agreement desire to alter the
scope of work; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto, and as shown on Exhibit “A” Scope of
Services and Fee letter dated February 6, 1998 with accompanying attachments;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. Contractor shall provide services as outlined in the attached Exhibit “A”.
2. City shall pay Contractor for all work associated with Paragraph 1 above, on
a time and materials basis not-to-exceed $85888.80. Contractor shall provide City on a
monthly basis copies of invoices sufficiently detailed to include hours performed, hourly rates,
and related activities and costs for approval by City.
212198
3. Contractor shall complete all work outlined within the schedule outlined in
attached Exhibit “A” or by expiration of the agreement amended hereby.
4. All other provisions of the aforementioned agreement entered into on July 17,
1997 by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR:
COTTON&LAND ASSOCIATES
(name of Contractor)
.
‘(sign here)
&w&mP*d5, &U&Hb
(print name/title)
By:
(sign here)
(print name/title)
ATTEST:
ALETHA L. RAUTEN
City Clerk
March 24, 1998
DATE
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs,
the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
212198
-.
ALIFORNIA ALL-PURPOsC ACKNOWLEDGMENT
’ Date
personally appeared
., “Jane &Notary Public”)
0 personally known to me
* proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
Though the information below is nof required by law, it document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
q Partner - 0 Limited q General
q Attorney-in-Fact
cl Trustee
Cl Guardian or Conservator
I2 Other:
Signer Is Representing:
Top of thumb here
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
q Partner - q Limited q General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1996 National Notary Association * 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6627
EXHIBIT A
COTTON/BELAND/ASSOClATES INC. URBAN AND ENVIRONMENTAL PLANNING CONSULTANTS
6336 GREENWICH DRlVE SUITE F
SAN DIEGO, CALIFORNIA 92122
(619) 625-0056 FAX (619) 625-0545
DATE:
TO:
FROM:
COPIES TO:
PROJECT NO:
SUBJECT:
TRANSMITTING:
COMMENTS:
FACSIMILE TRANSMITTAL
February 6,1998 FAX # 760-438-0894
John Cahill - Municipal Projects Manager City of Carlsbad
John Bridges
Christer Westman File
984.00
Carlsbad Golf Course EIR
12 pages including transmittal
John - In response to your request and in accordance with Section 6 Changes in Work of our July 17, 1997 agreement for services, we have provided a cost estimate to complete cultural resources testing and additional focused biological surveys for the Carlsbad Municipal Golf Course project. The following summarizes the proposed scope of services. A detailed description of the cultural and biological resources scope of work and budget estimates are attached.
Cultural Resources
Gallegos & Associates will perform testing to determine site importance/significance under City of Carlsbad and CEQA criteria for eight cultural resources sites within the limits of grading of the golf course. The scope of work includes surface collection of artifacts, recording of milling features, excavation of shovel test pits and 1x1 meter units to determine the site size, depth, content, integrity and to address important research questions. A final cultural resource report will be prepared that includes survey and test results. The cost estimate is a not to exceed amount of $43,426.
Biological Resources
Merkel & Associates will perform focused surveys for nine sensitive species as requested by the California Department of Fish and Game and the U.S. Fish and Wildlife Service in their formal comments on the Carlsbad Municipal Golf Course Final EIR. These surveys will cover four sensitive plant species (San Diego Thornmint, Thread-leaf Brodiaea, Orcutt’s
John Cahill February 6, 1998 Page two
Spineflower, Blochman’s Dudleya), in addition to focused surveys for the California Gnatcatcher, Burrowing Owl, Least Bell’s Vireo, Quino Checkerspot, and San Diego Fairy Shrimp. Letter reports covering information for each of these species will be provided in a format that can be an appendix to the biological technical report. The cost estimate is a not to exceed amount of $28,162.80.
The completion of this work effort, as an amendment to the July 17, 1997 contract will require additional services from Cotton./Beland/Associates, Inc. that are not covered in the current contract. Our additional work effort will include administration of subconsultant work programs, coordination with subconsultants during preparation of the additional studies, review of prepared reports and findings, and attendance at two staff level meetings. CBA’s estimate for this work effort is a not to exceed amount of $14,300 which includes $7,150 for administration of subconsultant work programs, and $7,150 for coordination with subconsultants, review of reports and findings, and attendance at two staff level meetings.
The total budget amount is $?35,888.80. We understand that this contract amendment will need to be approved by the City Council. Please note, biological surveys will need to begin soon in order to comply with the adopted protocol. We recommend that a limited portion of this budget amendment (e.g. $10,000) be author&d administratively as soon as possible in order to initiate the surveys and ensure that the seasonal window is not lost should there be delay in Council authorization.
Please call me if you have any questions. Authorization for our additional services can be authorized by signing and returning this fax transmittal.
Author&d:
City of Carlsbad Date
5671 Palmer Way, Suite A Carlsbad, California 92008
(6 19) 929-0055
IGI ALLEGOS
& Associates
97-300-224
August 5, 1997
Tim Gnibus CottorUBelamUAssociates, Inc. 6310 Greenwich Drive, Suite 220 San Diego, CA 92122
Re: Carlsbad Golf Course - Cultural Resource Testing Scope of Work and Cost Estimate
Dear Tim:
Gallegos & Associates has completed the literature review and field survey. As a
result of this work, 13 cultural resources were identified. It appears that 5 of the 13
cultural resources are not significant. The remaining eight cultural resources will need
testing to determine site importance/significance under City of Carlsbad and CEQA criteria (see attached tables). I have enclosed the following: 1) a map showing site locations; 2) table identifying present status of the 13 cultural resources; 3) testing scope of work; and 4) cost estimate to complete archaeological testing for the eight cultural resources. The scope
of work includes surface collection of artifacts, recording of milling features, excavation of shovel test pits and 1x1 meter units to determine site size, depth, content, integrity and
potential to address important research questions.
The final cultural resource report will include survey and test results. The cost to complete
this work is estimated to not exceed $43,426.00 and all work wilI be completed within approximately 8 to 10 weeks from contract approval. Please call me should you need additional information.
Best regards,
President
DGhlkg
Enclosure
Aug.--OS--97 07 : 22P Oenr-s Gal legos 61- 929-0056
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GALLEGOS & ASSOCIATES
TIME-AND-MATERIALS CONTRACT FOR A CULTURAL RESOURCE SIGNIFICANCE TEST FOR THE CARLSBAD GOLF COURSE PROJECT CITY OF CARLSBAD, CALIFORNIA AUGUST 5, 1997
SCOPE OF WORK
This study will provide testing to determine significance of eight prehistoric sites. The study area is located north of Palomar Airport Road in the City of Carlsbad. All work will be conducted in compliance with City of Carlsbad and California Environmental Quality Act (CEQA). This scope of work include recordation of bedrock milling features and the
following tasks.
1. Collection of Surface Artifacts A. For sites with an undisturbed surface, diagnostic artifacts and/or a sample of surface artifacats will be collected using point provtience
mapping and/or a random sample grid-based surface collection will be
conducted. .
2. Subsurface Assessment A. Shovel test pits will be excavated to determine site size and depth. 1. STPs will be used along a north-south and east-west grid system in 10 to 40 meter intervals.
2. All excavated soil will be processed through l/B” screen mesh.
3. All artifacts/ecofacts will be collected and bagged by STP
number and depth.
B. Test units, 1x1 m in size, will be excavated at each site. 1. Unit placement will be determined by either the highest or most
likely area to possess subsurface material (based on surface remains
or natural features). 2. Units will be excavated in 10 centimeter levels and excavated to sterile, that is defined as bedrock or one level with no cultural
material present. If two consecutive levels record a significant drop-
off in cultural materials with the presence of cultural material
explained in terms of natural processes, then that is defined as sterile.
C. Backhoe trench excavation. 1. Backhoe trenches will be excavated at site CA-SDI-8303A to determine presence/absence of intact midden deposits and to identify
areas of disturbance. Trenches will be excavated to sterile soil.
3. Map Preparation A. The study area and cultural resources will be plotted on the USGS 7.5’ quadrangle map. B. The study area and cultural resources will be plotted on an engineering base map (either l”=lOO or 1”=200’), to be provided by the client. C. A site map will be prepared for each site showing: location of STPs, 1x1 m units, significant landform and/or landmarks, bedrock milling, and surface artifacts or surface artifact collection grids.
1
4. Analysis and Report Preparation
A. Clean, and catalog all artifacts collected. B. Evaluate the sites/loci in terms of site size, depth, content, integrity and potential to address important research questions as per CEQA. C. Present all results in a State of California report format.
SCHEDULE
A draft report will be submitted to the client no later than 8 to 10 weeks from receipt of a signed contract. This schedule may need to be revised should inclement weather (i.e., rain)
be encountered.
TIME-AND-MATERIALS COST
The time-and-materials cost for completing this scope of work is estimated to not exceed
$43,426.00 (Tables 1 and 2). This cost will not be exceeded without clients’ authorization. This scope of work does not include meetings or response to agency comments. All artifacts are the property of the City of Carlsbad. Gallegos & Associates will provide interim curation during cataloguing and artifact analysis. Billing will be submitted on a
monthly basis for work completed to date. Payment is required within 30 days of billing.
Late payments will incur a 1.5 % monthly late fee.
The scope of work and time-and-materials cost estimate described above reflect our current understanding of project requirements. Amendments to the scope of work and cost will be necessary, if there are modifications to the project or the required services, or should data
recovery be requested, or burials/cremations and or other features be encountered, or
extensive revisions be requested by agencies, or meetings with agencies, Native Americans
or public presentations be required.
If human remains are encountered, then all work must halt immediately and the client, the City of Carlsbad, the County of San Diego Coroner, and the Native American Heritage
Commission will be notified to initiate the required consultation, The schedule will be
adjusted accordingly in light of the findings.
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TABLE 2
GALLEGOS & ASSOCIATES
CULTURAL RESOURCE SIGNIFICANCE TEST
FOR THE CARLSBAD GOLF COURSE PROJECT
AUGUST 5,1997
Task/Personnel
Management and Coordination
Project Manager/Archaeologist
Project Archaeologist
Fieldwork
Project Archaeologist
Archaeologist L
Field Crew
Laboratory Catalogue and Analysis
Laboratory Director
Laboratory Crew
Test Report Preparation
Project Manager/Archaeologist
Project Archaeologist
Graphics
Word Processing
Photo Record/Field Forms/Site Update
Subtotal
ODClSpecial Studies
Fauna1 Analysis
Radiocarbon Dating ($300 x 6 samples)
Other Studies (i.e. Obsidian, Phytolyth,
Blood Residue, Pollen, and/or Otolith)
Xerox, Binding, Mileage, Photos
Total ODC
Total Labor and ODC
Houq
$75 .OO 8
$65 .OO 8
$65.00 80
$37.50 230
$22.50 650
$45.00 40
$28.50 96
$75.00 8
$65.00 64
$30.00 24
$30.00 16
$27.50 24
$600.00
$520.00
$5,200.00
$8,625.00
$14,625.00
$l,SOO.OO
$2,736.00
$600.00
$4,160.00
$720.00
$480.00
$660.00
$40,726.00
$300.00
$l,SOO.OO
$300.00
$300.00
$2,700.00
$43,426.00
llderkel & Associates lnc
3944 Murphy Canyon Road, Suite C106. San Diego?CA 9212;
Ph. (619) 560-5465 l Fax (619) 560-7779
E-mail MerkelInc@aol.com
January 30, 1998
M&A# 97-052-02
Mr. Tim Gnibus
GottonZBelandZAssociates
63 10 Greenwich Drive
San Diego; CA 92122-0056
Re: Carlsbad Golf Additional Surveys
Dear Tim:
Thank you for again considering Merkel & Associates for additional work on the Carlsbad Golf
project. We have considered the specific additional studies necessary to provide a thorough coverage
of critical biological issues to enable the project to proceed in a timely fashion. Five tasks covering
nine focused sensitive species surveys have been identified; they rely on early identification of sensitive
plant and animal concerns, and ‘taking advantage of seasonal requirements for specific surveys. A cost
proposal for &various tasks outlined in this coping letter follows as an attachment.
TASK 1: Sensitive Plant Surveys -- Four Species
This task includes a sensitive plant survey. of the site for the California listed endangered San
Diego Thornmint (Acanthomintha ilicifolia), the federally and state endangered Thread-leaf Brodiaea-
(BrodiueujXjbZiu), the federally endangered Orcutt’s Spineflower (Chotizu&ze orcuttiana), and CEQA
sensitive Blochman’ s Dudleya (Dudleyu blochmaniue) . All of these plants are ephemeral and can be
difficult to survey for outside of spring and early suintner. , Each of these species has a narrow window
during which the plant flowers and is more readily identified. The spineflower and dudleya are
minuscule species and require considerable patience and thorough site explorations. As a result, we
are proposing six surveys occurring every two weeks covering the flowering period of all four of these
species from mid-March through the end of May. This should enable us to carefully assess the entire
site as well as take v&o account variability due.to rainfall and environmental factors. Blochman’s
Dudleya is known to occur off-site within a short distance of the eastern boundary of the study area.
TASK 2: California Gnatcatcher and Burrowing Owl Stirveys
Extensive areas of sage scrub were observed during previous field studies on-site, and
gnatcatcher locations noted the general resources surveys. All suitable habitat will be re-examined for
the federally threatened California Gnatcatcher (Polioptila cuZifornicu) utilizing standard USFWS
protocol. These require three separate site visits at least one week apart. Two biologists are proposed
to conduct the work given the logistics of covering the sage scrub patches within this large site during
a single field day. In addition, nocturnal studies for the regionally sensitive Burrowing Owl (Athene
cunicuZuriu) will be conducted following recommended survey protocol. Two night surveys and one
day survey are proposed. Possible evidence of Burrowing Owls was seen in the grasslands in the
southwestern portion of the site during spring 1997 studies.
Biological Consulting . Environmental Permitting - Habitat Restoration l Ecological Management
h
Mr. Tim Gnibus January 30, 1998
Page 2
,TASK 3: Least Bell’s Vireo ‘Surveys
The extensive ripariari habitat in Macario Canyon is potential habitat for the Least Bell’s Vireo
(Vireo bellii~pusillus), a federally and state endangered species. Vireos are established in nearby Agua
Hedioncla Lagoon, and have been reported at the mouth of Macario Canyon. A focused vireo survey
is proposed; eight site visits are required under established USFWS protocol.
TASK 4. Quino Checkerspot Surveys
New protocol survey criteria (November 7, 1997) are now established for this butterfly. The
flight period varies but can extend from late January to mid-May. At first flight of this species on a
USFWS monitored site where the butterfly is knowir, all permittees will be requested to begin their
surveys on potential sites. As a result, the number of once a week surveys may vary dependent upon
the initial starting date. Additional requirements are that weather conditions not include rain, high winds
over Smph, and temperatures under’ 65 degrees. Five slides showing the survey site, a soil sample, and
maps of the site are necessary to complete protocol reportrequirements. Our cost to perform these
surveys in based on an expected eight field surveys, with additional weekly survey work on a time and
materials basis if required by USFWS. Extensive potential habitat for this species occurs at the
Carlsbad Golf site; however, potential to find this species on site is low as it is known from only a
handful of southern California sites.
TASK 5. San Diego Fairy Shrimp Surveys
Protocol survey criteria (January 19, 1995) are now established for this fairy shrimp. The
Carlsbad golf site has no identified vernal pools and therefore does not retain optimal habitat. In the
southwestern portion of the property is a leveled field which ponds water at several locations forming
what could be classed vernal basins. San Diego Fairy Shrimp have been observed to occupy these
ephemeral basins, particularly when vernal pools are situated nearby and eggs can thereby be
transported a short distance into the artificial basins. Natural vernal pools are situated off-site, upslope:
both inside and outside the fenceline for the Palomar Airport. Pools of a depth of 2.5 cm of standing
water are to be sampled at least every two weeks throughout the rainy season until the pools are no
longer inundated. This includes periods of drying and refilling; not just the initial filling of a pool.
Protocol calls for such sampling over two wet seasons. Provisions are also available for dry season
sampling of a site should one wet season sampling period have elapsed. Given the elaborate survey
criteria, our costs are based on eight site visits per wet season. Additional visits would be on a time
and materials basis.
TASK 6: Technical Report Preparation/Revisions and Responses
Task 6 will include the preparation of letter reports covering information gathered in Tasks l-4
on sensitive plants and animals to provide rapid information return for design purposes. Information
will be provided in a format that can be appendixed to the biological technical report.
Mr. Tim Gnibus January 30, 1998
Page 3
Additional focused tasks may be warranted in the future. The items chosen address the most
significant biological issues requiring prior analysis before specifically choosing a precise golf course
design. Should you have any additional questions, please call me or Keith Merkel.
Sincerely,
Craig H. Reiser
Senior Associate
Mr. Tim Gnibus
Cotton/Belaud/ Associates
COST PROPOSAL
30-Jan-98
M&A 97-052-02
Sensitive Species Surveys Carlsbad Golf
Task
TASKl
Sensitive Plant Survey - Spring 1998
Site Surveys Four Species
Mileage -420 miles
TASK 2
A. California Gnatcatcher Surveys
Staff
Sr. Biologist
Three Site Surveys Two Sr. Biologists
Mileage -210 miles
B. Burrowing Owl Survey
Two Nocturnal Site Surveys
One Diurnal Site Survey
Mileage -210 miles
TASK 3
Least Bell's Vireo Survey
Eight Site Surveys
Mileage —560 miles
TASK 4
Quino Checkerspot Survey
Eight Site Surveys*
Mileage —560 miles
TASKS
San Diego Fairy Shrimp
Sixteen Site Surveys/2 Seasons*
Mileage -1 120 miles
TASK 6
A. Biological Technical Report Preparation
Sensitive Plants Report
Gnatcatcher Report
Burrowing Owl Report
Vireo Report
Quino Checkerspot Report
Fairy Shrimp Report
Graphics Prep. — All Reports
Word Processing
Principal Review
Supplies/Photographs
Reproduction Costs
GRAND TOTAL
Sr. Biologist
Sr. Biologist
Sr. Biologist
Sr. Biologist
Sr. Biologist
Sr. Biologist
Sr. Biologist
Sr. Biologist
Sr. Biologist
Sr. Biologist
Sr. Biologist
Graphics Staff
Clerical
Principal
Hours
48
Subtotal
36
Subtotal
12
6
Subtotal
56
Subtotal
56
Subtotal
84
Subtotal
8
8
8
8
8
8
30
8
6
Subtotal
Rate
$72.00
$0.29
$72.00
$0.29
$72.00
$72.00
$0.29
$72.00
$0.29
$72.00
$0.29
$72.00
$0.29
$72.00
$72.00
$72.00
$72.00
$72.00
$72.00
$42.00
$35.00
$105.00
Subtotal
$3,456.00
$121.80
$2,592.00
$60.90
$864.00
$432.00
$60.90
$4,032.00
$162.40
$4,032.00
$162.40
$6,048.00
$162.40
$576.00
$576.00
$576.00
$576.00
$576.00
$576.00
$1,260.00
$280.00
$630.00
$200.00
$150.00
$3,577.80
$2,652.90
$1,356.90
$4,194.40
$4,194.40
$6,210.40
$5,976.00
| $28,162.80 I
* Additional weekly or bi-weekly surveys required by agency protocol at $72/hr time and materials
March 20,1998
TO: JANE MOBALDI
FROM: JOHN CAHILL
RE: COTTON - BELAND AGREEMENT FOR GOLF COURSE
ENVIRONMENTAL WORK
Jane: Attached is a copy of a FAX transmittal from Cotton - Beland indicating John Bridges is
authorized to execute agreements on behalf of Cotton - Beland.
John
3.-E3- 78 o/c-.
F r
MAR 19 ‘98 12:14PM CBQ PFISADEW .
, * .
COTTONlBELAND
URBAN AND ENVIRONMEN
6336 GREENWICH DRIVE SUITE
(619) 625-0056
E-MAIL cbasd@.pacbell.net
FACSIM
This is a confldenfial message, iMend
Ifyou receive tht3 message In error, p,
back to us, 27tukk WOK
DATE:
TO:
FROM:
COPIES TO:
PROJECT NO:
SUBJECT:
TRANSMITTING:
COMMENTS:
March 19,1998
John Cahill City of Carlsbad
Cheri Rechter
File
1.00
Author&ion page
2 page.3 ihcluding tmnsmi
John: ’
Attached is an authoriz contracts for Cotton/Be if you need anything fu
P. l/2
SSOCIATES, INC.
PLANNING CONSULTANTS a!!!
SAN DIEGO, CALIFORNIA 92122
FAX (619) 625-0645
E TRGNSMITTAL
de4 for the perk to whom it is addressed
! forward it to the correctperxon, or tnail it
FAX # (760) 438-0894
1 page fkm CBA autboriziug John Szidges to sign l/Associates. I think this is what you requested - call
‘*. . 3 Mm 19 ‘98 12:14PM CBA PASQDEW
COTION KAND/ASSOCIATES, INC. C NSENT TO ACTION
BY BOARD OF
i
IRECTORS WITHOUT MEETING
P.Z/Z
of Cotton/Beland/Assocatw, Inc., a California as the “Corporation”, consent to the following the Corporation without a meeting by u.nanimous consent of all direc rs of the Corporation:
of the Bo,ard of Directors is adopted: .I .._
ale Beland has resigned from the Corporation,
services on behalf of the
Donald A. Cotton, in his absence, may authorize dges to execute agreements for professional
Dated: May 17, 2994
Donald k Cotton, President
May 1 i, 1998
JANE MOBALDI: *
Pls. Sign these 3 copies of the amendment bd forward same to the City Clerk’s offlice.
Thanks.
John Cahill
5/14/98 NOTE TO FILE:
1 original agreement sent to contractor w/letter
1 original agreement w/copy of letter sent to John Cahill
1 original agreement retained for our files.
S. Worrell
Deputy City Clerk
May 14,1998
Mr. John Bridges, Principal Cotton Beland Associates
63 10 Greenwich Drive, Suite 200
San Diego CA 92 122
Re: Amendment No. 2 to Agreement for the Preparation of an Environmental Impact
Report
Dear Mr. Beland:
Please find enclosed a copy of the fully executed agreement between the City of Carlsbad and
Cotton Beland Associates for the preparation of an environmental impact report for the Carlsbad
Golf Course Project.
If you have any questions or need any fbrther information, please do not hesitate to contact ow
offkes at (760) 434-2808.
Sincerely,
CITY OF CARLSBAD
TsHEF2RIE D. WORRELL
Deputy City Clerk
cc: John Cahill
1200 Carlsbad Village Drive - Carlsbad. California 92008-1989 - (760) 434-2808 @
h
AGREEMENT WITH CONSULTANT FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT
THIS AGREEMENT, made this 17 thday of JULY , 193, between the
CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as “CITY”, and COTTON BELAND ASSOCIATES INCORPORATED
hereinafter referred to as “CONTRACTOR”.
RECITALS
WHEREAS, the CITY agrees to prepare an Environmental Impact Report (EIR)
for the proposed project identified as the Carlsbad Municipal Golf Course which is
located north of Palomar Airport Road at College Boulevard and more precisely
shown on the plat marked Attachment 1, attached hereto and made a part hereof; and
WHEREAS, the CONTRACTOR has the qualifications to prepare the required
Environmental Impact Report; and
WHEREAS, it is understood that the CONTRACTOR shall be an independent
contractor of the CITY;
NOW, THEREFORE, in consideration of their mutual covenants and conditions,
the parties hereto agree as follows:
1. . CONTRACTOR OBLIGATIONS
CONTRACTOR shall prepare an Environmental Impact Report on the subject
project in accord with the California Environmental Quality Act as implemented by the
State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its
implementing resolutions. In carrying out this obligation the CONTRACTOR’s duties
shall include the following:
1 Rev. 10/25/96
.i3
A h
(a) The CONTRACTOR shall, consistent with the Work Program contained in
Attachment 2, (1) make all necessary and required field explorations, reviews and tests;
(2) make all necessary and required laboratory tests and analyses; (3) appear and be
prepared to answer questions and prepare testimony on the final Environmental Impact
Report at all public hearings before the Planning Commission and the City Council prior
to the certification of the report; (4) make all reports necessary to comply with the
requirements of this section. Before preparing the draft report, the CONTRACTOR
shall submit ten copies of a preliminary report (1st screen check EIR) to the Planning
Director for staff review. The CONTRACTOR shall revise the preliminary report as
requested by staff in order to make it suitable for draft EIR review. The CONTRACTOR
shall submit ten copies of a second and third preliminary report (2nd and 3rd
screen check EIR) to the Planning Director for staff review if necessary and as
determined by the Planning Director. The CONTRACTOR shall subsequently
revise the preliminary report as requested by staff in order to make is suitable for
draft EIR review.
(b) CONTRACTOR shall prepare a draft report in compliance with the Work
Program contained in Attachment 2 on file at the Planning Department (unless
otherwise stated in this agreement), attached hereto and made a part hereof and with
applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY
one single sided reproducible master of the draft Environmental Impact Report to the
CITY as well as a 3%” diskette of the draft EIR in Word for Windows 7.0 or later
format.
Rev. 1 O/25/96
4
h h
(c) CONTRACTOR shall attempt to determine as soon as possible in the
study of the area involved, those factors which could severely inhibit or prohibit the
proposed project. If it appears that such factors are present, CONTRACTOR shall so
inform the Planning Director who in turn will discuss with the applicant the feasibility of
continuing with the report. The objective of this subsection of the agreement is to
minimize the cost if these adverse factors exist.
Cd) CONTRACTOR shall prepare and file with the CITY written responses to
all comments received subsequent to public notice that the draft Environmental Impact
Report has been filed. CONTRACTOR shall also prepare any response necessary to
matters raised at the public hearings. The written responses shall be prepared in a form
that will permit the responses to be incorporated into the final Environmental Impact
Report.
2. CITY OBLIGATIONS
(a) The CITY will make payment to the CONTRACTOR as provided for in this
agreement.
NO The CITY will make available to the CONTRACTOR any documents,
studies, or other information in its possession related to the proposed project.
w The CITY will review the 1st Preliminary Report presented by the
CONTRACTOR within ten working days of their receipt and within five working days
for subsequent preliminary reports and make written comments to the
CONTRACTOR within the specified time periods.
Rev. 10/25/96 A-
- h
w The CITY shall provide the CONTRACTOR with copies of all written
comments received on the draft Environmental Impact Report subsequent to public
notice that the draft Environmental Impact Report has been filed and is available for
public review.
3. TIME OF COMPLETION
Time is of the essence in carrying out the terms of this agreement. It is
understood that inclement weather conditions may delay the completion of field work.
The CONTRACTOR will be allowed as many additional days as are necessary to
compensate for days lost due to inclement weather. The CONTRACTOR shall submit
to the CITY ten copies of the Preliminary Environmental Impact Report within six weeks
of the signing of this agreement by both concerned parties. The CONTRACTOR shall
submit to the CITY one single sided reproducible copy of the draft Environmental
Impact Report within twenty working days of the completed staff review of the 1st
Preliminary Environmental Impact Report.
4. PAYMENT
The CONTRACTOR will be paid a maximum of $67,825.00 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 on file at
the Planning Department. The CONTRACTOR shall be paid within 30 days, in
response to invoice, for up to 70 percent of the compensable services for the
completion of the screen check draft Environmental Impact Report in accordance with
Paragraph 1 above. The CONTRACTOR will be paid up to an additional 15 percent
upon acceptance by the CITY of the response to comments from the CONTRACTOR,
4 Rev. IO/25196
A h
the final 15 percent will be paid, not to exceed the maximum amount provided in its
agreement, within 45 days after receipt of invoice, to be submitted after the certification
of the Environmental Impact Report by the City Council.
5. LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is the sum of
$67,825.00 which amount is estimated to be sufficient to compensate the
CONTRACTOR for all services performed hereunder during the terms of this
agreement. In the event at any time it appears to the CONTRACTOR that said sum
may not be sufficient, he shall immediately so notify the Planning Director. He will not
perform any work or incur any obligation beyond said sum of $67,825.00 without
appropriate amendment to this agreement.
6. CHANGES IN WORK
If, in the course of this contract, changes seem merited by the CONTRACTOR or
the CITY and informal consultations indicate that a change in the conditions of the
contract is warranted, the CONTRACTOR or the CITY may request a change in the
contract. Such changes shall be processed by the CITY in the following manner. A
letter outlining the required changes shall be forwarded to the CITY or CONTRACTOR
to inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. After reaching mutual agreement on the proposal, a
supplemental agreement shall be prepared by the CITY and approved by the CITY
according to the procedures described in Carlsbad Municipal Code Section 3.28.172.
Such supplemental agreement shall not render ineffective or invalid unaffected portions
of the agreement. Changes requiring immediate action by the CONTRACTOR or the
5 Rev. 1 O/25/96
h e
r
CITY shall be ordered by the Planning Director who will inform a principal of the
CONTRACTOR’s firm of the necessity of such action and follow up with a supplemental
agreement covering such work.
The lump sum amounts detailed in this agreement shall be adjusted for changes,
either additive or deductive, in the scope of work, provided such changes are
processed according to the procedures in this paragraph.
7. COVENANTS AGAINST CONTINGENT FEES
The CONTRACTOR warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the CONTRACTOR,
to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to
pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
the CITY shall have the right to annul this agreement without liability, or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent
fee.
8. NONDISCRIMINATION CLAUSE
The CONTRACTOR shall comply with the state and federal laws regarding
nondiscrimination.
Rev. 10/25/96
8
9. TERMINATION OF CONTRACT
The CITY may terminate this agreement at any time by giving written notice to
the CONTRACTOR of such termination and specifying the effective date thereof, at
least fifteen days prior to the effective date of the termination. In the event of
termination, all finished or unfinished documents and other materials prepared pursuant
to this agreement shall become its property. Upon termination for reasons other than
breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the
services completed to the date of notice of determination.
10. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the
CONTRACTOR or the CITY Planning Director. A copy of such documented dispute
shall be forwarded to both parties involved along with recommended methods of
resolution which would be of benefit to both parties. The CITY Planning Director or
principal receiving the letter shall reply to the letter along with a recommended method
of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for
their resolution through the office of the City Manager. The City Council may then opt
to consider the directed solution to the problem. In such cases, the action of the City
Council shall be binding upon the parties involved, although nothing in this procedure
7 Rev. 1 O/25/96
shall prohibit the parties seeking remedies available to them at law.
11. CLAIMS AND LAWSUITS
The CONTRACTOR agrees that any contract claim submitted to the City must
be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The CONTRACTOR
acknowledges that if a false claim is submitted to the City, it may be considered fraud
and the CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR
acknowledges that California Government Code Sections 12650 et seq., the False
Claims Act, provides for civil penalties where a person knowingly submits a false claim
to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of information. If
the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney’s fees. The CONTRACTOR
acknowledges that the filing of a false claim may subject the CONTRACTOR to an
administrative debarment proceeding wherein the CONTRACTOR may be prevented to
act as a contractor on any public work or improvement for a period of up to five (5)
years. The CONTRACTOR acknowledges debarment by another jurisdiction is
grounds for the City of Carlsbad to disqualify the CONTRACTOR from the selection
process. * (Initial)
The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026,
3.32.027 and 3.32.08 pertaining to false claims are incorporated herein by reference.
(Initial) *
Rev. 1 O/25/96
ld
12. STATUS OF THE CONTRACTOR
The CONTRACTOR shall perform the services provided for herein in
CONTRACTOR’s own way as an independent contractor and in pursuit of
CONTRACTOR’s independent calling, and not as an employee of the CITY.
CONTRACTOR shall be under control of the CITY only as to the result to be
accomplished, but shall consult with the CITY as provided for in the request for
proposal. The persons used by the CONTRACTOR to provide services under this
agreement shall not be considered employees of the CITY for any purposes
whatsoever.
The CONTRACTOR is an independent contractor of the CITY. The payment
made to the CONTRACTOR pursuant to the contract shall be the full and complete
compensation to which the CONTRACTOR is entitled. The CITY shall not make any
federal or state tax withholdings on behalf of the CONTRACTOR or his/her employees
or subcontractors. The CITY shall not be required to pay any workers’ compensation
insurance or unemployment contributions on behalf of the CONTRACTOR or his/her
employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR
agrees to indemnify the CITY for any tax, retirement contribution, social security,
overtime payment, or workers’ compensation payment which the CITY may be required
to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for
work done under this agreement.
The CONTRACTOR shall be aware of the requirements of the Immigration
Reform and Control Act of 1986 and shall comply with those requirements, including,
but not limited to, verifying the eligibility for employment of all agents, employees,
9 Rev. 1 O/25/96
/I
- -.
1
subcontractors and CONTRACTORS that are included in this agreement.
13. 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 to publish,
disclose, distribute and otherwise use, in whole or in part, any reports, data, or other
materials prepared under this agreement.
The CONTRACTOR agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish
all claims to such copyrights in favor of CITY.
14. RELEASE OF INFORMATION BY CONTRACTOR
Any reports, information or other data, prepared or assembled by the
CONTRACTOR under this agreement shall not be made available to any individual or
organization by the CONTRACTOR without prior written approval of the CITY.
15. HOLD HARMLESS AGREEMENT
CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and
its officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, except
where caused by the active negligence, sole negligence, or willful misconduct of the
City of Carlsbad.
10 Rev. 1 O/25/96
CONTRACTOR shall at its own expense, upon written request by the City,
defend any such suit or action brought against the City, its officers, officials, employees
and volunteers. CONTRACTOR’s indemnification of City shall not be limited by any
pri,or or subsequent declaration by the CONTRACTOR.
16. ASSIGNMENT OF CONTRACT
CONTRACTOR shall not assign this contract or any part hereof or any monies
due or to become due thereunder without prior written consent of the CITY.
17. SUBCONTRACTING
If the CONTRACTOR shall subcontract any of the work to be performed under
this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the
CITY for the acts and omissions of its subcontractor and of the persons either directly or
indirectly employed by its subcontractor, as it is for the acts and omissions of persons
directly employed by it. Nothing contained in this contract shall create any employee or
contractual relationship between any subcontractor of CONTRACTOR and the CITY.
The CONTRACTOR shall bind every subcontractor and every subcontractor of the
subcontractor by their terms of this contract applicable to its work unless specifically
noted to the contrary in the subcontract in question approved in writing by the CITY.
18. 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
11 Rev. 10/25/96
A h
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.
19. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee or the
CITY, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained, nor shall such verbal agreement or
conversation entitle the CONTRACTOR to any additional payment whatsoever under
the terms of this contract.
20. SUCCESSOR OR ASSIGNS
Subject to the provision of Paragraph 10, “Hold Harmless Agreement”, all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
21. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
22. CONFLICT OF INTEREST
The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest Code.
The CONTRACTOR shall report investments or interests in all four categories.
12 Rev. 10/25/96
Pi
23. INSURANCE
The CONTRACTOR shall obtain and maintain for the duration of the contract
and any and all amendments insurance against claims for injuries to persons or
damage to property which may arise out of or in connection with performance of the
work hereunder by the CONTRACTOR, his agents, representatives, employees or
subcontractors. Said insurance shall be obtained from an insurance carrier admitted
and authorized to do business in the State of California. The insurance carrier is
required to have a current Best’s Key Rating of not less than “A-V’ and shall meet the
City’s policy for insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
CONTRACTOR shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
CONTRACTOR’s work for the City). $1 ,OOO,OOO combined single-limit per accident for
bodily injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
13 Rev. 1 O/25/96
Is-
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
B. Additional Provisions.
CONTRACTOR shall ensure that the policies of insurance required under
this agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation.
2. The CONTRACTOR shall furnish certificates of insurance to the
City before commencement of work.
3. The CONTRACTOR shall obtain occurrence coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the CONTRACTOR fails to maintain any of the insurance
coverages required herein, then the City will have the option to declare the
CONTRACTOR in breach, or may purchase replacement insurance or pay the
premiums that are due on existing policies in order that the required coverages may be
maintained. The CONTRACTOR is responsible for any payments made by the City to
obtain or maintain such insurance and the City may collect the same from the
14 Rev. 1 O/25/96
I@
CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR
under this agreement.
24. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the CONTRACTOR in connection
For Contractor:
with the foregoing are as follows:
For City: Title: Associate Planner
Name: Christer Westman
Address: 2075 Las Palmas Drive
Carlsbad, CA 92009
Title: PrinciDal
Name: John E. Bridges
Address: 6310 Greenwich Drive, Suite 200
San Diego, CA 92122
Architect/License Number:
Architect/License Number:
25. BUSINESS LICENSE
CONTRACTOR shall obtain and maintain a City of Carlsbad Business License
for the duration of the contract.
26. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
15 Rev. 10/25/96
11
hereof may be amended, modified, waived or discharges except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
. . .
. . .
. . .
16 Rev. 10/25/96
K?
Executed by CONTRACTOR this 174 day of d- I 19yJ.
CONTRACTOR:
&m/a&/-w
(Name of Contractor) Wi
By: M
(sign Fiere)
wb!xfu~*m@s5
(print name/title) B s
By:
(sign here)
All-EST:
ALETHA L. RAUTkN
(print name/title)
(Proper notarial acknowledgment of execution by CONTRACTOR must be attached).
(President or vice president AND secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate sea/ empowering that oftker to
bind the corporation)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Rev. 1 O/25/96
19
CO’lTON/BELAND/ASSOCIATES, INC. CONSENT TO ACTION BY BOARD OF DIRECTORS WITHOUT. MEETING
The undersigned directors of Cotton/Beland/Associates, Inc., a California
Corporation, hereafter referred to as the “Corporation”, consent to the following action of the board of directors of the Corporation without a meeting by unanimous consent of all directors of the Corporation:
The following Resolution of the Bqard of Directors is adopted:
WHEREAS, R. Dale Beland has resigned from the Corporation,
RESOLVED, that Donald A. Cotton, in his absence, may authorize P. Patrick Mann or John E. Bridges to execute agreements for professional services on behalf of the Corporation.
Dated: May 17, 1994 U&M/
Donald A. Cotton, President
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On GUE 17. I447 before me, &tJti.4 5,
Notary Public, personally appeared %#M E. #$21&2&S p ,
3- or w proved to me on the basis of satisfactory evidence to
be the person&) whose name@) @re subscribed to the within instrument and
acknowledged to me that e 63 %/tNy executed the same I ‘t-$@eJ/tt-&$r authorized
capacity(&), and that be/their signature@) on the instrument the person@J or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
CARLSBAD MUNICIPAL
GOLF C0URS.E
@
ATTACHMENT
ATTACHMENT 2
Scope of Services and Schedule
scope of
SHWhS
Objediw
hhimt
subtasbs
1.1 Rid?W
DOC7DJl&Vltr
1.2liUpMt
RrojectBicrr
1.3Ptoject
Description
This section describes the specific tasks CBA proposes to perform
and the schedule to be followed in preparing the Environmental Impact Report for the Carlsbad Municipal Golf Course EIR. Task objectives, work products and methods are described for each work task.
Task 1. Project Description
The purpose of this task is to prepare a project description based on the design of the golf course and the intensity of associated development to provide the foundation for the EIR.
Product Day Draft Project Description 6 Related Projects List 6 Final Project Description 14
CBA will review necessary information related to the project available from the City and other sources. These documents include the environmental technical studies that have been prepared for the project, EIR 81-09, EIR 81-06 and associated technical reports, mitigation monitoring and reporting programs, CEQA findings, and other related studies included in the City’s
existing environmental database.
CBA will survey the project area and surrounding areas to identify local conditions of the natural environment, land use, traffic and general environmental setting of the project.
A detailed draft project description will be prepared and submitted for review by the City staff. This step is to ensure that CBA understands all aspects of the project before beginning detailed
analyses. The project description narrative and maps will include the project location, potential interactions with nearby projects, related actions associated with the municipal golf course, the relationship of the project to local and regional plans, and a list of the agencies required to act on the project proposal and the sequence of approvals.
The Project Description will also include the project objectives and a statement of benefits that may accrue and what needs are
met by the project. The project objectives and statement of
justification will be prepared by the CBA after consultation with
Carlsbad Muniupal Golf Course Environmental Impact Report 1 City of Carlsbad Proposal 2 3
City staff A final Project Description will be prepared which incorporates revisions based on City staff review of the draft.
Llsrlsted
pI4IccLr
To identify cumulative impacts, related projects must be defined early in the EIR process. CBA will work with the City to prepare a draft list of related projects for review. CBA will also identify assumptions regarding regional growth forecasts and General Plan buildout, absorption rates, and other factors important in
estimating cumulative impact for use in analysis of biology, traffic
and other impacts.
Task 2. Screencheck Draft EIRs
Objedtve The purpose of this task is to prepare a complete screencheck draft EIR, mitigation monitoring and reporting program (MMRP), and technical appendices for review by City staff prior to publication. The document organization described is designed to meet the requirements of CEQA and the CEQA guidelines for an EIR. The screencheck draft will include all text, tables and figures.
hniucts Product First Screencheck Draft EIR, MMRP, and Appendices to City (10 three hole punched copies) Second Screencheck Draft EIR, MMRP and Appendices to the City (10 three hole punched
copies)
Day 42
63
Third Screencheck Draft EIR, MMRP and Appendices
to the City (5 three hole punched copies) (optional)
Subtask a.1 Egency
Contads
CBA will contact appropriate agencies and individuals as identified by the City regarding potential impacts of the project on those agencies and individuals, to obtain information for the Draft EIR.
2.2Iy.t
Sczeencheck
Drat? EIR
CBA will prepare a first screencheck EIR for the Carlsbad Municipal Golf Course that includes the following:
SectioJJ I
khlrodrction
The Introduction will summarize the legal role and purpose of the
EIR in the development process, and the use, structure, and scope of the EIR.
section2 &xecutive
Summaq
The Executive Summary will identify each significant effect of the project; areas of controversy including issues raised by agencies and the public; and issues to be resolved including the choice among alternatives and whether or how to mitigate significant
effects. The Executive Summary will be formatted to clearly
identity appropriate agency findings with regard to mitigation
CanWad Munitipal Golf Course Environmental Impact Report 2
section 3
Pmject
Description
section I
&nv&onmentaf
Setting
si?cnon 5
Eidonmental
lhqa&and
Mttigation
Measures
Ebvbonmentaf
Settiffg
lIkeshold of
Signiffcance
&ntionmentaf
Imped
measures and significant effects of the project in each environmental issues area analyzed. (Exhibits: Project Maps, Project Description Table, Environmental Impacts and Mitigation Measures Table, and Comparison of Alternatives Table)
The project description will include a description of the proposed
project, project alternatives, and the “no project” alternative. The
project description will include project maps locating and
describing the proposed project and its characteristics, related plans, required discretionary actions, and a table and diagrams describing the alternatives considered in the EIR. (Exhibits: Regional Setting Map, Project Location and Boundaries Map, Parcels Table, Comparison of Alternatives Table, others as appropriate)
This section will briefly describe the regional and local
environmental setting of the proposed project. A more detailed description of the environmental setting will be included in the following section discussing project impacts and mitigation measures.
This section will discuss the environmental setting, basis (or
thresholds) for determining impact significance, significant environmental effects and unavoidable adverse impacts, mitigation measures for each of the project impacts, level of significance after mitigation (residual impact), and the MMRP relationship for
organized in accordance with the CEQA Guidelines.
Each environmental factor with potentially significant effects will be discussed in the following sections:
This section will describe the environmental setting for this
environmental factor, including the current state of the environment, and any applicable local or regional pIans affecting the environmental factor.
This section will describe the standards or criteria which act as the basis for determining whether or not a project impact is significant. CBA will work directly with City staff to develop thresholds based on existing City policy and standards, or other recognized impact standards. This section provides an important part of the evidence in the record that courts seek when determining whether or not an agency has properly found an effect
to be significant or not significant.
Project-level and cumulative impacts will be described in this section. Impacts will be qualitatively and quantitatively analyzed
to the extent possible. Where it is possible to quantitatively
measure impacts (e.g., acreages of vegetation, water utilization,
Car&bad Municipal Golf Come Environmental Impact Report 3 City of C%&blsb$
zw-
etc.), factors approved by the City will be utilized. Whenever appropriate, the quantitative analysis will be based on the City standards with input regarding threshold standards from the affected service providers (i.e., Carlsbad Municipal Water District,
etc.).
MttYgation Measuresli7r
SigalDcan t
hnpacts
The discussion of mitigation measures will distinguish between mitigation measures included in the EIR, and other measures not included but which could reasonably be expected to reduce adverse impacts if included in the proposed project. Where several mitigation measures are available, the basis for selecting from among these measures will be discussed. The discussion of mitigation measures will provide the background for findings under Section 15091 (a) of the CEQA guidelines. Mitigation measures will be discussed in sufficient detail to provide the basis for a mitigation monitoring and reporting program.
w=f SipMcance 817rr
Mttfgation
This section will provide conclusions regarding the significance of the environmental impact, at the project and cumulative levels, following the application of recommended mitigation measures. Mitigation may reduce significant environmental impacts to less than significant, or may reduce the impact while the environmental effect remains significant.
5J Land&e Environmental factors to be analyzed in the EIR are described
CompatibiBy below:
The project is anticipated to be generally compatible with surrounding land uses. However, the project will be located adjacent to the LEGOLAND themepark and proposed resort hotel, and existing and planned industrial development. The project proposes the relocation of an outdoor shooting range, and is traversed by three SDG&E transmission lines. The project has
the potential for interference of traffic on Palomar Airport Road
and College Boulevard from stray golf balls if not properly designed and mitigated.
Project impacts will be described in terms of a) land use compatibility between the proposed development and adjacent uses; b) noise compatibility between the relocated shooting range and proposed off-site resort hotel uses; and c) conformance with current City plans, policies and ordinances, including the General Plan, Zoning Ordinance, Scenic Corridor Guidelines, Landscape Guidelines, and Open Space/Conservation/Resource Management
Plan. Existing and proposed land use compatibility impacts also need to be addressed in relation to the McClellan-Palomar Comprehensive Land Use Plan, Carlsbad Ranch, Veterans Memorial Park, Phase II of the Carlsbad Airport Centre, and
Carlsbad Research Center.
Carls-bad Municipal Golf Course Environmental Impact Report 4 city of ggsbb~
ab
5.2Bio~ogicai
Resources
A biological survey has been conducted by Tetra Tech for the
project area. The study area would be reviewed by Merkel & Associates biologists to confirm the thoroughness of the existing site biological constraints report. Of particular interest is the
distribution of wetlands and least Bell’s vireos (reported just off-
site) near the project’s northern boundary, as well as the extent of sage scrub and the 3-5 pairs of California Gnatcatchers being reported on-site. Two sensitive plants have also been identified on a nearby site in spring 1997 surveys conducted by Merkel & Associates.
Impacts to biological resources will be described in terms of a) sensitive plant and animal species present on site that may be affected by the project including the relocated shooting range; and b) any new federal and state listings of endangered plant and animal species associated with the site. Mitigation measures will be developed, including project design elements which avoid or significantly reduce impacts where appropriate. A standard wetland delineation report meeting Army Corps of Engineers protocol will be prepared covering the identified portion of the wetlands on-site.
53 ltafl!k/
CimdaNon
The proposed project is not anticipated to result in the generation
of a substantial amount of traffic. It is anticipated that the project
will have a net decrease in Average Daily Traffic from the existing
approved industrial land uses. Linscott, Law, & Greenspand (LLG) will prepare the traffic analysis for the proposed project.
The analysis will include stating the street system future volumes
and levels of service from the City Zone Plan, a comparison of the project traffic generation to the approved industrial uses, determination of long-term traffic impacts, and a quantitative
analysis of future street system impacts of vacating a portion of
Palomar Oaks Way.
s.IRik
QuaIity
The proposed project is not expected to result in a significant
impact to air quality. However, there will be an incremental
increase in short-term and long-term local and regional air emissions that will result from project implementation. Impacts to air quality will be described in terms of a) project emissions from vehicular and stationary sources; b) construction-related emissions; and c) relation to existing state and federal standards, and regional air quality attainment plans.
CBA will utilize air quality modelling spreadsheets developed by CBA which implement the methods of the SCAQMD CEQA handbook, to estimate vehicular and energy emissions. Vehicle trip, electricity and gas emissions will be projected. The spreadsheets will be used to estimate emissions after
implementation of mitigation measures to address significant air
Carlsbad Municipal Golf Course Environmental Impact Report 5 City of Ca&s~ls$
a7
~~JWd@Wi/
Water Quality
6.6 Water
Aksolures
f.7Publk
Serkesand
l&li#es
568rchaeologla~
and
Palron to~ogicai
&SOUNt?S
quality impacts by selecting appropriate mobile and stationary source mitigation measures.
Increased runoff from additional impervious surfaces, along with
urban pollutants generated by the various land uses proposed may impact area water courses adjacent to the Agua Hedionda to the north of the project. CBA will rely upon the hydrology information prepared by P&D Technologies or others to complete this section of the EIR.
Recommendations for detention to retention basins as identified by P&D and other Best Management Practices (BMP) to optimize
storm water runoff quality and to mitigate the impact of the golf course on storm drain runoff will be provided.
Due to the nature of the proposed project, a significant amount of
water is anticipated to be utilized for the operation of the project.
The water demand generated from this proposed project will be
compared to the demand that was anticipated with the approved
industrial development for the project site. The project will likely utilize reclaimed water. Impacts will be described in terms of the demands for water and reclaimed water and the ability to serve the site. Mitigation measures will be recommended for any identified water demand.
The facilities analysis in the Local Facilities Management Plan for Zone 5 anticipated the use of the site for industrial development. Public Services and Utilities impacts are anticipated to be less than approved development of the site and anticipated in the Zone 5 LFMP. Impacts of the proposed project on public services and
facilities will be described in terms of a) sewer and waste water
treatment capacity, gas and electric service, schools, police
protection and fire protection; and b) the ability of agencies providing such services to respond to projected demand.
The majority of the project site was surveyed for archaeological
and paleontological resources through previous environmental analysis associated with the approved industrial development for the site. Gallegos & Associates will prepare the archaeological resources assessment for inclusion in the EIR. Gallegos &
Associates will complete a literature review, records search,
conduct a cultural resource survey of previously unsurveyed areas, relocate previously recorded cultural resources, and spot-check high probability area. CBA will utilize the existing paleontological resource information for inclusion in the EIR. The Gallegos cultural resources report will meet the qualifications for cultural resource professionals and report preparation required by City guidelines.
Car-Wad Municipal Golf Course Environmental Impact Report 6 City of Ca&sblsb$
a8
HLandfbm
iLttezatton/Cradnf
The proposed project will result in landform alteration associated
with grading for the golf course tees, fairways, and greens, and the creation of pads for the future development of commercial and light industrial buildings on currently vacant land. Development
of the site has the potential to result in visual impacts along Palomar Airport Road and College Boulevard.
CBA will assess visual impacts in terms of a) landform changes resulting from grading of the site; and b) future building masses on site following development. Mitigation measures will be proposed for any identified visual impacts.
f.fOJbxar&/
ml--
The outdoor shooting range located on the northeast section of
the site will be relocated. Three SDG&E transmission lines traverse the project site. Although there is no conclusive evidence of the effect of Electra Magnetic Fields (EMF) there is a potential for concern to be raised regarding the exposure of golf course users to varying levels of EMF. Impacts will be analyzed in terms of potential impacts associated with the use of the shooting range for golf purposes, the impacts associated with the relocation of the outdoor shooting range, and impacts associated with EMF. Mitigation measures will be recommended for any identified impacts.
5.N A&icnItural Resources A small portion of the site has been used for agricultural purposes however, no portion of the property is subject to a Williamson Act Land Conservation Contract. Potential impacts to agricultural resources will be described in terms of a) the feasibility of continued agricultural operations and viability where project grading may affect otherwise suitable agricultural soils; and b) the significance of the loss of the site as agricultural land.
Section 6
A7ternative.s
As described in the CEQA Guidelines, CBA will prepare an EIR
that describes a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives.
CBA will examine up to three alternatives, including the “no project” alternative, in the EIR. The specific description of on- and off-site alternatives will be based on discussion and agreement between the City and CBA but is anticipated to consist of an alternative on-site routing plan, and the evaluation of the Calavera Lake site as an off-site alternative. (Exhibits: Table comparing environmental effects of alternatives, graphic exhibits of
alternatives as appropriate)
Caxlsbad Municipal Golf Course Environmental Impact Report 7 City of Car&bad Proposal v& 4,
,. ’
Sectton 7
EJlaIjcs& of
Long-Tcna
Eff-its
Zf Cumuiative
Jiwd
z2 thwth-
Inducing
linpacts
ZS Unawidable
SigniiYcant
Envhonmental
hnpac&
Z 4Erea.s of
Si#Mcant
Entionmental
hrpacfr
Section 8
Rcicnoces
Bppeniikes
HMgation
Monitorby and
BePmg Rogram
To allow decision makers to easily weigh the advantages and disadvantages of the alternatives compared to the proposed project, CBA will include a matrix comparing the relative impacts of each alternative and a narrative description of the environmental advantages and disadvantages of each alternative.
The analysis of long-term effects will focus on cumulative impacts, growth-inducing impacts, unavoidable significant impacts, and
areas of no significant impact.
This section will identity the potential cumulative effects resulting
from this project, and other known projects identified by City staff
and other agencies. All cumulative effects will be discussed in this section to clearly separate the project effects from effects which are only significant when combined with effects of other projects.
Other known projects include the development in Carlsbad and surrounding communities.
The potential for the project to induce growth in nearby areas through the extension of urban services will be identified. Indirect and direct impacts of employment generated by the project will be estimated.
Based on analysis provided in the EIR, areas of significant impact that cannot be reduced to a less than significant level will be identified.
Areas of no significant impact identified in the EIR will be listed
with a brief justification for the finding.
This section will identify organizations, persons and documents consulted in preparation of the EIR. Firms and individuals involved in the preparation of the document will also be identified.
The Appendices will include a copy of the NOP, Responses to
Comments on the Draft EIR and Comment Letters, and the associated EIR technical reports.
A separate Mitigation Monitoring and Reporting Program will be prepared with the Screencheck Dr-at-l, Draft and Final EIR and will include monitoring team qualifications, specific monitoring activities, a reporting system for evaluating the success of mitigation measures.
Carlsbad Municipal Golf Come Environmental Impact Report 8 City of $%.$b;~
30
2.3Second CBA will prepare a Second Screencheck Draft EIR which
Screenchecb incorporates staffs revisions on the first Screencheck Draft EIR,
DratlEI19 MMRP, and technical appendices for review by City staff.
LIlUrd
Screencheck
DlsAElR
(0ptionaI tasb)
As an optional task, CBA will prepare a Third Screencheck Dr& EIR which incorporates staffs revision on the second Screencheck Draft EIR, MMRP, and technical appendices for review by City staff. The cost associated with this task can be
covered by the additional funding account.
2.5 city
R&view
The City will review the first, second, and third screencheck (if necessary) draft EIRs and prepare revisions in the form of a marked-up copy of the document indicating all desired changes, corrections and areas for expansion, etc.
Mu&
Objecttve
Products
4.1 kponses
to &mments
Task 3. Draft EIR
The purpose of this task is to prepare a Draft EIR, MMRP, and Appendices for distribution and public review.
Product City Comments on Second Screencheck Draft EIR to CBA
Day 70
Draft EIR, MMRP and Appendices to City
(1 single-sided reproducible copy and 3 ?4 inch diskette in Word for Windows 7.0)
77
Task 4. Response to Comments, Final EIR
The purpose of this task is to prepare responses to comments by
the public and public agencies on the Draft EIR, and complete the Final EIR incorporating changes in response to comments received.
Product Draft EIR Comments to CBA Screencheck response to comments (10 three hole punched copies) Final EIR, (including City approved response to comments), MMRP and Appendices to City for distribution (1 reproducible master, and 3 ‘/2 diskette in Word for Windows 7.0)
Day 122
136 157
Our project budget includes an hours allowance for responses to comments and modifications to the DraA EIR that is normally sufficient for projects that are not highly controversial. If a large number of comments are received, or if comments raise new issues or require additional analysis not anticipated by the budget for preparation of the Draft EIR, this allowance is likely to be
Carkbad Municipal Golf Come Environmen ta/ impact Report 9 31
exceeded. Should this occur, costs for completion of responses are considered additional services, but can be covered by the
additional funding account.
4.2lk.lElR CBA will prepare a Final EIR including the following changes to
UrdMMRP the Draft EIR:
Revised cover page Revised table of contents Revised text of EIR incorporating changes Comments received and responses to comments on the Draft EIR
s.OCEQJ
Iylrd&~gsand
Statement of
Overriding
Considerations
CBA will prepare draft Findings of Fact pursuant to CEQA Guidelines for significant environmental effects of the project, and a draft Statement of Overriding Considerations if required for City Council action.
Task 6. Meetings and Hearings
The purpose of this task is to meet with City staff and to provide expert testimony at meetings and public hearings before the City Council (up to 6 meetings will be attended).
CBA staff will meet up to 4 times with City staff and other City-identified parties to initiate the project, manage EIR preparation and resolve issues, review staff comments on screencheck draft documents and review.
The CBA Principal and Project Manager will participate and provide expert testimony at up to two public hearings before the Planning Commission and City Council.
Project
Schedule
CBA will maintain the following project schedule, subject to the
timely provision of information and response to draft materials by
the City:
Day 6: Draft Project Description
Related Projects List
Day 14: Final Project Description
Day 42: Screencheck Draft EIR, MMRP and Appendices to City (10 three hole punched copies)
Carlsbad Municipal Golf Course Environmental Impact Report 10 3a
Day 63:
Day 70
Day 77:
Day 122:
Day 136:
Day 157:
Second Screencheck Draft EIR, MMRP and
Appendices to the City (10 three hole punched
copies)
City Comments on Second Screencheck Draft to
CBA
Draft EIR, MMRP and Appendices to City (1
single-sided reproducible copy and 3 ‘/z inch
diskette in Word for Windows 7.0)
Draft EIR Comments to CBA
Screencheck Responses to Comments (10 three
hole punched copies)
Final EIR (including City approved response to
comments), MMRP and Appendices to City for
distribution (1 reproducible master, and 3 %
diskette in Word for Windows 7.0)
Note: Preparation and City review of a third screencheck Draft
EIR will add approximately three weeks to the project schedule.
Car&bad Municipal Golf Course Environmental Impact Report 11 City of Cgisb$
33
Cost Proposal
The cost proposal is our best estimate of the time and costs
required to complete the Scope of Services and Schedule outlined.
This budget represents a firm offer from Cotton/
Beland/Associates, Inc. to complete the Scope of Services and
Schedule outlined in our separate technical proposal for the total
budget amount. This offer is good for 60 days from the final date
for receipt of proposals identified in the City’s Request for
Proposals.
Persons authorized to negotiate for Cotton/Beland/Associates,
Inc. (CBA) are:
Donald A. Cotton, Senior Principal
John E. Bridges, Principal
CBA’s office is located at 63 10 Greenwich Drive, Suite 220, San
Diego, California 92122; telephone (619) 625-0056; fax (619)
625-0545.
The budget on the following page represents CBA’s estimate of
the labor and other costs required to complete the Scope of
Services and Schedule outlined. The cost breakdown of the
budget includes man-hours for CBA by task. For all items
described in the Scope of Services, services will be provided
within the budget shown. Changes in project description,
unanticipated and unbudgeted effort in responding to Drafi EIR
comments and additional public meetings can be covered by the
additional funding. For controversial projects or projects in which
new issues are raised requiring technical analysis not anticipated
in the scope of work, this estimate is likely to be exceeded.
This proposal is a firm offer by CBA to complete the Scope of
Services outlined for the total budget amount. The total fee
required for completion of the EIR is $67,825. Component costs
are provided in the table on the following page. The agreed upon
fee represents a “not-to-exceed” contract budget with an amount
of $8,850 provided as additional funding for any required
additional work authorized by the City. Any use of the additional
funding should also include immediate replenishment of the
amount used to maintain an adequate reserve for additional work
that may be required.
Carlsbad Municipal Golf Course Environmental Impact Report 12 City of Caxisbad Proposa .-&*
Carlsbad Municipal Golf Course EIR Budget
CBA Hours
Hourly Rate: $105 1 S70 1 $50 1 $40 CBA
tic./ 1 Project 1 Tech./ 1 Word Labor
A. CBATask
I.” rru,ecr mcnyu . n TL._I_d r.--2-.LDn
1.1 Review Document k?
Pr. Mgr. Planner I Graph Proc. cost
i f :.. .:I..:. : 41 s49
2.3 Second Screencheck Dr& EIR 16
2.4 Third Screencheck Dr& EIR (OPTIONAL) 4 20 1 41
2.5 Cii Review I I
SUBTOTAL WTFHOUT OPTIONAL) 56 148 1 46 76 $21,58
3.0 Draft EIR 1: I” 1 :
Drat? Preparatimt VI- 321 ,
SUBTOTAL I 41 ii1
16 16 s4,lO
16 16 s4,lO
4.0 Response to Comments. Final EIR 1. 1 .-.-:f
4.1 Responsea to Commenta 4
4.2 Fii EJR and MMRP H 2
Xl 12 I S2.98
6.0 Meetings and Hearings
6.1 Meetings
6.2 Hearinm
SUBTOTAL
a Subconsultant costs
Litlscoq Law & Grwttspatl (traflidcirctdatiott) S6,80(
Merkel & Associates, Inc. (biology) $9,175
Gallegos & Associates (cultural resources) $2,50(
J.J. Van Houten & Asmciites, Inc. (noise) S1,8oC
TOTAL SUBCONSULTANTS S20,27!
C. Miscellaneous Costs
TelephoneJI?aveVPostage
Screen 1,2,3 (ineceswy) and Draft EIR and Appendices (26 total in&ding Screen 3)
SC- EIR M&&&m Monitoring Repot~ (26)
Response to Comments (10)
Fii EIR (1)
Fii ElR Mitigation Monitoring Report (30)
Other Associa~d Technical R&-
TOTAL MISCELLANEOUS COSTS
:
D. Additional Funding (15% of total budget)
E. Cost Summary
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
)
1
I
I
5
0
0
5
0
II
5
0
0
0
0
5
0
5
5
$154
$451
$2
$10
$21
s2
$201
5971
sll,85~
TOTAL TASKS 1 - 6 COSTS (WITHOUT OPTIONAL) $37,731
TOTAL SUBCONSULTANT COSTS $20,27
TOTAL MISCELLANEOUS COSTS s97r
TOTAL EIR COST (WITHOUT ADDITIONAL FUNDING) S58,97i
TOTAL EIR COST (WITH ADDITIONAL FUNDING) 367.82:
Principal-in-Ch.argetPmjcci Maruger - John E. Bridges, AICP
Reject Planner - Tim Gniin
TechJGraphia -Vermin Tam, and Ma&me Wright
Hourty Mwtiq Rates
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chnsga & Asso&tm = 373.50
MehI& Assocktu = 572.W
1.1. Van Houten & Aaociatea, lnc-sI25.00
July 22, 1997
Mr. John Bridges, Principal
Cotton-Beland Associates, Incorporated
63 10 Greenwich Drive, Suite 220
San Diego, CA 92 122
Re: Preparation of EIR for the Carlsbad Golf Course Project
The Carlsbad City Council, at its meeting of June 24, 1997, adopted Resolution No. 97-513,
approving a consulting agreement for the preparation of an Environmental Impact Report
for the Carlsbad Golf Course Project.
In accordance with Section 22 of the agreement, you are required to file a Conflict of
Interest Statement with the City Clerk of the City of Carlsbad. Anyone in the company who
is working on this City project must file Form 700, Statement of Economic Interests, and
must report all Disclosure Categories which includes all Schedules A through F.
Enclosed for your use in meeting the filing requirements is a Form 700 and Instructions, a
copy of the Amended Appendix to the Local Conflict of Interest Code, and a copy of the
FPPC Fact Sheet regarding Gifts, Honoraria, and Travel. We will provide additional forms
upon request. Also enclosed is a fully executed copy of the agreement and a copy of
Resolution No. 9’7-513 for your files.
Your completed Assuming Office Statement is due in the Citv Clerk’s Office no
later than 5:00 p.m., on August 22,199Z
If you have any questions, please call the City Clerk’s Office at 434-2808.
S&s CMC!
Assistant City Cl
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Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) GM-2808 49