HomeMy WebLinkAboutHall Land Company; 2005-12-06;AMENDED AGREEMENT BETWEEN CITY AND HALL LAND COMPANY
FOR PAYMENT OF EIR CONSULTANT - MARINERS COVE - EIR 05-04
THIS AGREEMENT, made and entered into as of the .day of
, 2006, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and Hall Land Company, hereinafter
referred to as "APPLICANT", shall serve to amend the previous contract dated,
December 6, 2005, attached hereto.
All provisions of the original contract shall remain in effect, except that as
outlined in the Consultant's revised proposal, dated October 17, 2006, attached hereto,
the Work Program referenced in Section 2 shall be amended to include the additional
work outlined therein, and the fee payable by Applicant as referenced in Sections 4 of
the contract shall be increased by Ten Thousand, Six Hundred, and Seventy-Five
dollars ($10,675.00) for the additional work, making the maximum fees payable a total
of Ninety Seven Thousand, One Hundred, and Forty-Four dollars ($97,144.00).
IN WITNESS WHEREOF we have hereunto set our hands and seals.
APPLICANT:
Hall Land Company CITY OF CARLSBAD, a municipal
corporation of the State of California
Bv^
City Manager or Mayof
ATTEST:
(sighnbre) //v
Michael T. Hal) frtj-idcrrt
(print name/title
By:
(sign here)
(print name/title)
APPROVED AS TO FORM:
RONALD R/By^LL, City Attorney
Bv:
T /Assistant City Attorney
City Attorney Approved Version 03/17/04
1 9 8 0 , U I
October 17, 2006
Mr. Christer Westman
Planning Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
SUBJECT: MARINER'S COVE - SCOPE OF WORK AND COST AUGMENTATION
REQUEST FOR TRAFFIC ENGINEERING AND ENVIRONMENTAL
CONSULTING SERVICES
Dear Mr. Westman:
BRG Consulting, Inc. (BRG, Vendor #V010196)) is providing this scope of work and cost
augmentation request to the City of Carlsbad regarding the additional traffic engineering
services that were requested by the City. This scope of work and cost augmentation request is
proposed to amend the existing Agreement dated December 6, 2005 between the City and
BRG.
In the Request for Qualifications (September 6, 2005), traffic was not identified as an
environmental issue area to be included in the EIR. BRGs original scope of work and cost
estimate did not include meetings, discussions or incorporation of a traffic report into the EIR.
Upon further review by the City, it was determined that a traffic study would be needed.
Subsequently, Hallmark Communities identified that a traffic letter report had previously been
prepared for the proposed project. The City reviewed the traffic letter report and determined
that additional analysis would be needed. After several rounds of review and discussion
between the City's traffic engineers and LOS Engineering Inc., a final scope of work was
developed and is provided below.
The most recent correspondence by City staff requested the analysis of roadway segments and
intersections where 20% of the project traffic is anticipated to travel. The project with 40 multi-
family units is calculated to generate a total of 320 Average Daily Trips (ADT), of which 20%
equals 64 ADT. Normally the number of study segments and intersections requires a magnitude
of 10 times that level of project traffic; however, it appears that the issue at hand is the extent of
potential traffic impacts to the surrounding neighborhood. Thus, LOS Engineering's proposal
includes the analysis of 6 segments and 3 intersections all of which are located in the
surrounding local neighborhood.
BRG Consulting, Inc. • Environmental Planning and Impact Assessment • Land Use Planning and Permitting
304 Ivy Street • San Diego, California • 92IOI-2030 • 619-298-7127 FAX 619-298-0146
October 17, 2006
C. Westman
Page 2
Scope of Work - Traffic Study (LOS Engineering, Inc.)
Task 1: Project Initiation and Data Collection
1) Coordinate with BRG and/or development team to learn the project objectives.
2) Coordinate or meet with the City of Carlsbad to scope the project analysis
requirements.
3) Collect Average Daily Traffic (ADT) volumes (24-hour machine counts) at the
following locations:
a. Hillside Dr. between Tamarack and Park Dr.
b. Park Dr. between Hillside Dr. and Neblina Dr.
c. Park Dr. between Neblina Dr. and Valencia Ave.
d. Park Dr. between Valencia Ave. and Alondra Way
e. Park Dr. between Alondra Way and Kelly Dr.
f. Kelly Dr. between Hillside Dr. and El Camino Real
4) Collect or obtain AM and PM peak hour intersection counts at three (3) locations in
the project area, which include:
a. Park Dr./Neblina Dr.
b. Park Dr./Valencia Ave.
c. Park Dr./Alondra Way
5) Visit the project site including the surrounding area to note existing conditions with
respect to: intersection control, intersection lanes, intersection signal phasing, street
widths, street types, surrounding parking restrictions, and any other needed traffic
control information.
6) Obtain relevant information from approved traffic reports for all short-term approved or
agency requested cumulative projects. Cumulative projects are other projects that are
planned but not completed but would generate traffic upon opening.
Task 2: Near-Term Analysis
1) Determine the existing peak hour Level of Service (LOS) at the key intersections using
either an Intersection Capacity Utilization (ICU) ratio or the 2000 Highway Capacity
Manual (HCM) methodology for City intersections and on the street segments using the
agency's table.
2) Prepare a traffic generation forecast for the project on an AM and PM peak hour and
ADT basis using applicable traffic generation rates. Assign the project traffic onto the
surrounding roadway network.
I October 17, 2006
C. Westman
Pages
3) Determine the traffic generation, distribution, and assignment for all the short-term
approved or agency requested cumulative projects required for analysis by the agency.
4) Determine the intersection and roadway segment LOS for the study scenarios of
existing, existing + project, and existing + project +cumulative conditions.
5) Document the potential significant traffic impacts of the project based on the agency's
criteria.
6) Document measures required to mitigate the calculated project traffic impacts, if
mitigation measures are applicable.
lh7) Prepare a corner, sight distance analysis at the project driveways based on the 85
percentile speeds along the project frontage.
lh
8) Document traffic calming, speeding, and accidents along Park. Document the 85
percentile speeds at three locations along Park, conduct field work, provide a list of
possible speed reduction measures, and include a table summarizing the City's
documented accidents along Park.
9) Incorporate the City's intersection warrant analyses at Park/Valencia, Park/Neblina,
and Park/Alondra into the traffic study.
10) Include a chapter on haul routes and construction traffic. Prepare intersection and
segment LOS calculations with the anticipated construction traffic.
11) Document and discuss the reduced roadway improvement of 40 feet on Park Drive.
12) Include a chapter for parking on-site, on the cul-de-sac adjacent to the project, and
estimate the parking demand for the trail users.
Task 3: Report and Meetings
1) Submit a draft traffic report to BRG for review. Make editorial changes if requested by
BRG and submit to the City.
2) Three hours are designated for meeting, hearing, or conference call time.
The proposed cost estimate to provide traffic-engineering services is Seven Thousand, Nine
Hundred and Twenty Five Dollars ($7,925.00). LOS Engineering, Inc. proposes be reimbursed
at the following rates for the tasks described above, inclusive:
1) Meetings shall be billed on a time and materials basis, portal to portal, at $125 per
hour.
2) Expenses, with the exception of mileage, shall be billed at cost plus 10 percent.
October 17, 2006
C. Westman
Page 4
3) Mileage shall be billed at a rate of $0.50 per mile.
BRG Scope of Work
In the Request for Qualifications (September 6, 2005), traffic was not identified as an
environmental issue area to be included in the EIR. BRGs original scope of work and cost
estimate did not include meetings, discussions or incorporation of a traffic study into the EIR.
BRG has been providing project management services in the development of the traffic report
scope of work. BRG proposes to continue providing project management services during
preparation of the traffic study and will incorporate the traffic study into the EIR for a cost not-to-
exceed Two Thousand, Seven Hundred and Fifty Dollars ($2,750.00). This cost includes time
for the Principal, Project Manager, and Environmental Analyst.
The total cost augmentation request associated with the additional traffic related work is for a
cost not-to-exceed Ten Thousand, Six Hundred, and Seventy-Five Dollars ($10,675.00). We
would not exceed the agreed upon budget without your prior authorization, and would conduct
other specific tasks upon your request and authorization.
BRG Consulting will invoice on a monthly basis for costs incurred during the preceding 30 days,
according to the terms and hourly rates of the December 6, 2006 agreement with the City.
Invoices are payable upon receipt.
Sincerely yours,
BRG CONSULTING, INC.
Patrick O'Neill
Project Manager
AGREEMENT BETWEEN CITY AND APPLICANT (Hall Land Companv)
FOR PAYMENT OF EIR CONSULTANT FOR EIR 05-04
THIS AGREEMENT is made this day ofbd 20 c,
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, and HALL LAND COMPANY hereinafter referred to as
"APPLICANT".
RE C I TAL S
WHEREAS, the APPLICANT has filed with the CITY a request for
approval of a proposed project identified as EIR 05-04/CT 04-27/SDP 04-17/CP 04-
121HDP 05-04 - MARINERS COVE requiring an Environmental Impact Report; and
WHEREAS, CITY has determined that its current staff is inadequate in
number to process the Environmental Impact Report in a timely and thorough manner;
and
WHEREAS, APPLICANT in order to ensure the expeditious processing of
said Environmental Impact Report desires to pay to CITY the amount necessary to hire
a CONSULTANT.
NOW, THEREFORE, in consideration of the covenants and conditions, it
is agreed as follows:
1. The CITY will engage the firm of BRG CONSULTING, INC.
hereinafter referred to as "CONTRACTOR" to perform the necessary work in the
processing and monitoring of the Environmental Impact Report for that area more
particularly depicted upon a site map attached as Attachment 1 and made a part of this
agreement.
2. It is understood that the CONTRACTOR services shall conform to
1 Rev. 07/31 100
the Proposal attached as Attachment 2 and made a part of this agreement, and may
require:
a) Field exploration;
b)
c) Written reports; and
d) Such other work necessary to properly evaluate the
Weekly communication with the City staff;
proposed project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONTRACTOR to
complete a draft and final Environmental Impact Report at the earliest feasible time.
The CITY will advise the APPLICANT in writing of any impacts that may render the
proposed project infeasible within a reasonable time after CITY has received the
CONTRACTOR 's conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of the
CONTRACTOR 's services. Such cost shall be based on the costs set forth in
Attachment 3. The APPLICANT has advanced the sum of Eighty-six thousand four
hundred sixty-nine dollars ($86,469.00) as payment on account for the actual cost of
the CONTRACTOR'S services. In the event it appears, as the work progresses, that
said sum will not be sufficient to cover the actual cost, the CITY will notify the
APPLICANT of the difference between the amount deposited and the new estimated
cost. CITY will ensure, to the extent feasible, that no further work will be performed by
the CONTRACTOR incurring an obligation beyond the amount advanced without an
appropriate amendment to this Agreement. If the actual cost of preparing the report is
less than the APPLICANT'S advance, any surplus will be refunded to APPLICANT by
CITY.
2 Rev. 07/31/00
5. It is understood that the CONTRACTOR shall be an independent
contractor of the CITY and CITY shall not be liable for any negligent acts or omissions
of the CONTRACTOR. The APPLICANT agrees to permit the CONTRACTOR to enter
upon his property and to perform all work thereon as the CONTRACTOR deems
necessary to complete the Environmental Impact Report. It is agreed that the
APPLICANT will not interfere with the CONTRACTOR in the performance of such work
or attempt to influence such CONTRACTOR during the course of his investigation and
report.
6. It is understood that the CITY will attempt to bring the
Environmental Impact Report to Planning Commission as soon as possible, barring no
delays from the APPLICANT.
7. The City shall not be required to defend any third party claims and
suits challenging any action taken by the City with regard to any procedure or
substantive aspect of the City’s environmental process and approval of development of
the property. If the City, in its sole and absolute discretion defends such action or
proceeding, the Applicant shall be responsible and reimburse the City for whatever
legal fees and costs, in their entirely, may be incurred by the City in defense of such
action or proceeding. The City shall have the absolute right to retain such legal counsel
as the City deems necessary and appropriate. Applicant shall reimburse the City for
any award of court costs or attorney fees made against City in favor of any third party
challenging either the sufficiency of a negative declaration or EIR or the validity of the
City’s approval of the application. This obligation survives until all legal proceedings
have been concluded and continues even if the City’s approval is not validated.
3 Rev. 07/31 100
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
Executed by APPLICANT this 3Iw day of &fO&Gc , 2006.
APPLICANT:
HALL LAND COMPANY
.- .A$
(print name hereltitle)
CITY OF CARLSBAD, a municipal
corporation of the State of California
titi Manager
ATTEST:
U
By:
(sign here)
(print name hereltitle)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant Secretary under corporate seal
empowering the ofXcer(s) signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of
partnership authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
4 Rev. 07/31/00
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On OCfO~ 3/. das before me,
&k-& E. fd446~7 Notary Public, personally
appeared /1/1cc~~rZL J. ,4~ LL I [Gfpersonally known to me -
or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) idare 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.
WITNESS my hand and official seal.
($ignature of Notaw