HomeMy WebLinkAboutHDR Engineering Inc; 2015-06-17;AMENDMENT N0.1 TO AGREEMENT FOR
CONSULTANT SERVICES TO PREPARE
AN ENVIRONMENTAL IMPACT REPORT
UPTOWN BRESSI -EIR 15-01
HDR ENGINEERING, INC.
is entered into and effective as of the ~ day of
--.L..-.I~-bA-""'"!5k:-------' 2017, amending the agreement dated June 17,2015 (the
between the City of Carlsbad, a municipal corporation, ("City"), and HDR
'Contractor") (collectively, the "Parties") for an environmental impact report.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to the preparation of the
environmental impact report for Uptown Bressi EIR 15-01; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total Agreement amount shall not exceed one hundred thirty seven four
hundred eighty seven dollars ($137,487).
2. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
3. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
4. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
. authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
By:
(sign here)
Thomas T. Kim, PE Senior Vice President
(print name/title)
1
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Attorney Approved Version 9/27/16
hdrinc.com
February 22, 2017
Mr. Van Lynch
Principal Planner
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Uptown Bressi EIR-Budget Amendment
Dear Mr. Lynch:
Exhibit A
The purpose of this letter is to request an amendment of $3,276.21 to HDR's existing
contract for the preparation of the EIR and related environmental documentation for the
Uptown Bressi project.
We are requesting this contract amendment due to unanticipated work efforts related to
resolution of the responses to comments and completion of the Final EIR. This effort
included additional meeting attendance with the project team, additional technical study
review, and greenhouse gas emissions analysis. While the Final EIR had been completed,
the additional work effort involved updating the Final EIR to reflect the work that was
performed to resolve specific responses to comments on the Draft EIR.
We appreciate your favorable consideration of this budget amendment request for $3,276.
If you have any comments or questions, please feel free to contact me at 760-845-9258.
Sincerely,
HDR Engineering, Inc.
Tim Gnibus
Environmental Business Class Leader
8690 Balboa Avenue, Suite 200, San Diego, CA 92123
T 858.712.8400 F 858.712.8333
CERTIFICATE
The undersigned hereby certifies that she is the Assistant Secretary of HDR Engineering,
Inc., a Nebraska corporation (the "Corporation"), and that, as such, has custody of the minute
books of the Corporation, and that, by Consent and Agreement of the Board of Directors dated
May 18, 2016, the following resolution was unanimously adopted:
"RESOLVED, that effective immediately, and until June 20, 2017, or ,until
termination of said individual from the Corporation, or until recision by the Corporation's
Board of Directors, whichever occurs first, the following individuals are hereby granted the
nondelegable authority to execute or approve on behalf of the Corporation, contracts for
engineering services and architectural services incidental to engineering services to be
rendered by the Corporation, . . . , or releases of claim or lien in connection with such
services, such contracts or releases so executed or approved shall be binding upon the
Corporation:
... Brent R. Felker-Executive Vice President .. .
. . . Randy N. Altshuler-Senior Vice President .. .
. . . Amy A. Gilleran -Senior Vice President ...
. . . Sharon M. Greene-Senior Vice President .. .
. . . Thomas T. Kim -Senior Vice President ... .
. . . Michael I. Schneider-Senior Vice President ...
. . . Kip D. Field-Vice President ...
. . . Paul S. Skager-Associate Vice President ...
. . . Jonny B. Rohrer-Authorized Representative ... "
The undersigned further certifies that the foregoing resolution has been spread in
full upon the minute books of the Corporation and is in full force and effect.
DATED ~d.~ ,2016.
~~~ Bonnie J. Kudr , Asst. Secretary
AGREEMENT WITH CONSULTANT FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT
UPTOWN BRESSI - EIR 15-01
THIS AGREEMENT, made this Jj^day of vX'Ag^ . 20 (5. between the CITY OF
CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY",
and HDR Engineering, Inc. hereinafter referred to as "CONTRACTOR".
RECITALS
WHEREAS, the CITY has entered into an agreement with SP Acquisition, LLC hereinafter
called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for
the proposed project identified as EIR 15-01/GPA14-04/MP 178(I)/CT 14-09/PUD 14-10/SDP 14-
13/CUP 14-09 - Uptown Bressi (mixed use development with 125 townhomes & commercial
space) which is located 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 Cartsbad Municipal Code and its implementing resolutions. In carrying
out this obligation the CONTRACTOR'S duties shall include the following:
(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
1 Rev. 01/31/2013
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 five copies of a preliminary report (screen check
EIR) to the City Planner for staff review. The CONTRACTOR shall revise the preliminary report
as requested by staff in order to make it 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 Division (unless otherwise stated in this
agreement), attached hereto and made a part hereof and with applicable state law and CITY
ordinances.
(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 City Planner who in
turn will discuss with the applicant the feasibility of continuing with the report. The objective of
this subsection ofthe agreement is to minimize the cost if these adverse factors exist.
(d) 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.
(e) CONTRACTOR'S responsibility under this agreement is owed to the CITY, rather
than the APPLICANT, who is not an intended beneficiary of this agreement.
2. CITY OBLIGATIONS
(a) The CITY will make payment to the CONTRACTOR as provided for in this
agreement.
(b) The CITY will make available to the CONTRACTOR any documents, studies, or
2 Rev. 01/31/2013
other information in its possession related to the proposed project.
(c) The CITY will review the Preliminary Report presented by the CONTRACTOR
within fourteen working days of their receipt and make written comments to the CONTRACTOR
within that time period.
(d) 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 five copies of the Preliminary
Environmental Impact Report within six weeks ofthe signing of this agreement by both concerned
parties. The CONTRACTOR shall submit to the CITY fifty copies of the draft Environmental
Impact Report within ten working days of the completed staff review of the Preliminary
Environmental Impact Report.
4. PAYMENT
The CONTRACTOR will be paid a maximum of $134,210.00 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 3 on file at the Planning Division. The
CONTRACTOR shall be paid within 30 days, in response to invoice, based on the percentage of
tasks completed according to Attachment 3 on file at the Planning Division of the compensable
services for the completion of the screen check draft Environmental Impact Report in accordance
with Paragraph 1 above. The final 10 percent will be paid, not to exceed the maximum amount
provided in its agreement, within 30 days after receipt of invoice, to be submitted after the
certification ofthe Environmental Impact Report by the City Council.
3 Rev. 01/31/2013
5. LIMITS OF THE OBLIGATION
The limits ofthe obligation ofthe CITY under this agreement is the sum of $134,210.00
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 City
Planner. He will not perform any work or incur any obligation beyond said sum of
$134,210.00 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
fonwarded 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 Carisbad Municipal Code Section 3.28.090. Such
supplemental agreement shall not render ineffective or invalid unaffected portions of the
agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be
ordered by the City Planner 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
4 Rev. 01/31/2013
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.
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 othenwise
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 PLANNER. 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 PLANNER or principal receiving
5 Rev. 01/31/2013
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 fonwarded 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 ofthe City Council shall be binding upon the parties involved, although nothing
in this procedure 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 CONTFTACTOR 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 Carisbad 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 Carisbad to disqualify the CONTRACTOR from
the selection process, (^^^^^----'tlnitial)
The provisions of Carisbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and
3.32.028 pertaining to false claims are incorporated herein by reference. -Mitial)
12. STATUS OF THE CONTRACTOR
The CONTRACTOR shall perform the services provided for herein in CONTRACTOR'S
6 Rev. 01/31/2013
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, subcontractors and
CONTRACTORS that are included in this agreement.
13. OWNERSHIP OF DOCUMENTS
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.
14. REPRODUCTION RIGHTS
The CONTFTACTOR 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
7 Rev. 01/31/2013
such copyrights in favor of CITY.
15. 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.
16. HOLD HARMLESS AGREEMENT
CONTRACTOR agrees to indemnify and hold harmless the City of Carisbad 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 ofthe City of Carisbad.
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 prior or subsequent
declaration by the CONTRACTOR.
17. 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.
18. SUBCONTRACTING
If the CONTRACTOR shall subcontract any ofthe 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
8 Rev. 01/31/2013
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.
19. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the CITY to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving
any architectural, engineering, inspection, construction, or material supply contract or subcontract
in connection with the construction of the project, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer, employee, architect, attorney,
engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the
CITY to exercise any executive, supervisory or other similar functions in connection with the
performance of this contract shall become directly or indirectly interested personally in this
contract or any part hereof.
20. 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.
21. 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 ofthe parties hereto, and each
of their respective heirs, executors, administrators, successors, and assigns.
22. EFFECTIVE DATE
9 Rev. 01/31/2013
This agreement shall be effective on and from the day and year first written above.
23. 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 Carisbad Conflict of Interest Code. The
CONTRACTOR shall report investments or interests in all four categories.
24. INSURANCE
The CONTFTACTOR 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,
its agents, representatives, employees or subcontractors. The insurance will 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-:VH". OR with
a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with
a rating in the latest Best's Key Rating Guide of at least "A:X".
A. Coverages 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. $1,000,000 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
CONTFTACTOR's work for the City). $1,000,000 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 Employer's Liability limits of
10 Rev. 01/31/2013
$1,000,000 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 CONTFTACTOR 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 CONTRACTOR or deduct the amount paid from any sums due the CONTFTACTOR
under this agreement.
25. 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 with the foregoing
are as follows:
For City: Title: Senior Planner
11 Rev. 01/31/2013
Name: Van Lynch
Address: 1635 Faradav Avenue
Carisbad, CA 92008
For Contractor: Title: Environmental Science Business Class Lead
Name: Tim Gnibus
Address: 8690 Balboa Avenue. Ste. 200
San Dieqo. CA 92123
26. BUSINESS LICENSE
CONTRACTOR shall obtain and maintain a City of Carisbad Business License for the
duration of the contract.
27. 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 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.
Executed by CONTRACTOR this day of 20,
12 Rev. 01/31/2013
CONTRACTOR: CITY OF CARLSBAD, a municipal
corporation of the State of California
HDR Engineering, Inc. By
ityManaq( (Name of Contractor) City R?lahager^w-M^
/O/V ^ Kathryn B. DodsonV Interim City IVIanager
By: ( M/^^-->
(sign here) ATTEST:
(print name/title) BARBARA ENGLEgiDN, City Clerk
By;
(sign here)
(print name/title)
{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 officer(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:
CELIA A. BREWER, City Attorney
Bv: /^^Z^^^ ' t
_>^ssistant City Attorney
13 Rev. 01/31/2013
City of Carlsbad
Uptown Bressi
GPA 14-04 / MP 178(1) / CT 14-09
PUD 14-10/SDP 14-13/CUP 14-09
Map created by the City of Carlsbad GIS. Portions of
the DERIVED PRODUCT contain geographic information
copyrighted by SanGIS. All Rights Reserved
UPTOWN BRESSI
SCOPE OF WORK
ENVIRONMENTAL IMPACT REPORT
EIR 15-01
BACKGROUND
The City of Carlsbad has a population of approximately 111,000. The city is located along the northern
coast of San Diego County, thirty miles north of downtown San Diego. It is bordered to the north by the
City of Oceanside, to the south by the City of Encinitas, and to the east by the cities of Vista and San
Marcos and the County of San Diego. Carisbad has a combination of industrial, commercial and residential
development, including a large regional shopping center, an auto-retail center, a large industrial park area,
the LEGOLAND California Educational/Recreational Park, and a regional airport. The city contains three
lagoons, limited agricultural areas and large tracts of preserved open space. The total area ofthe city of
Carisbad is approximately 40 square miles.
The 585 acre Bressi Ranch Master Plan (MP 178) was approved and the Program Environmental Impact
Report (EIR 98-04) was certified by the City Council in July of 2002. The entire Master Plan area has been
mass graded, infrastructure improvements completed, and commercial and residential developments
have been completed. Roughly one-half of the industrial areas have been developed.
PROJECT LOCATION & DESCRIPTION
The project site is located within the southeast quadrant of the City of Carisbad, south of Palomar Airport
Road, north of Gateway Road and west of El Fuerte Road, in the Bressi Ranch Master Plan community.
The site is just north ofthe previously developed Bressi Ranch Village Center, the commercial/retail area
in the Bressi Ranch Master Plan. Other adjacent uses include multi-tenant industrial uses and a vacant
industrial pad to the west, multi-family housing to the southwest, and multi-tenant industrial uses to the
east across El Fuerte Street. The project is within the Airport Influence Area of McClellan Palomar Airport.
The site is made up of five separate lots and is approximately 17 acres in size, and is a disturbed, graded
piece of land. The project site is presently entitled for the development of 300,000 square feet of multi-
tenant industrial space (Planned Industrial Permit 05-23). The entire project site is within the limits of
Local Facilities Management Zone 17 and the Bressi Ranch Master Plan.
The applicant is proposing a mixed use development with residential and retail/general commercial uses.
One Hundred twenty five (125) townhomes and residential flats are proposed forthe western side ofthe
property (approximately 7 acres), while 90,256 square feet of retail/general commercial uses will occupy
the eastern side of the site (approximately 10 acres). The applicants have applied for a number of
entitlement applications including; a General Plan Amendment which would change the site's land use
designation from PI (Planned Industrial) to a mixed designation of R-23/L (Residential High Density/Local
Commercial); a Master Plan Amendment which would change the site's planning area designation in the
Bressi Ranch Master Plan; a Vesting Tentative Tract Map and Planned Development application for the
individual ownership of units and subdivision of the residential area; a Site Development Plan for the
development of the commercial component; and a Conditional Use Permit for a drug store drive through
amenity.
The residential portion of the project will be developed at a density of approximately 17 dwelling units
per acre, which is consistent with the R-23 (Residential High Density) General Plan Land Use designation
proposed for the site. A land use designation of L (Local Commercial) has also been proposed for the site
in order to allow the development of the commercial portion of the project.
Access to the retail/general commercial site will be provided from Colt Place, Gateway Road and El Fuerte
Street, while the residential portion of the project will mainly be accessed from Colt Place. The access
point on El Fuerte Street will be a right in/right out only configuration, and a deceleration lane will be
constructed on southbound El Fuerte Street. In addition, a roundabout is proposed at the Gateway
Road/Finnila Place intersection. This roundabout will be constructed with a 60 foot diameter, which is
large enough to accommodate emergency vehicles as well as semi-tractor trailer delivery trucks.
Pedestrian crosswalks will be incorporated into the roundabout design at four locations.
COVERAGE OF THE EIR
The EIR will cover/analyze all ofthe associated legislative and discretionary actions which will be under
consideration by the Planning Commission and City Council. The following actions are required:
Legislative Actions:
1. General Plan Land Use Element Amendment (GPA 14-04) (Planned Industrial to Residential High
Density/Local Commercial)
2. Bressi Ranch Master Plan Amendment (MP 178(1))
Discretionarv Actions:
3. Local facilities Management Plan Amendment Zone 17 (LFMP 87-17)
4. Vesting Tentative Tract Map (CT 14-09)
5. Planned Development Permit - Residential (PUD 14-10)
6. Site Development Plan (SDP 14-13)
7. Conditional Use Permit (CUP 14-09)
TOPICS OF DISCUSSION IN THE EIR WILL BE DETERMINED BY THE PREPARATION OF AN INITIAL STUDY
AND MAY INCLUDE:
Aesthetics/Grading
Air Quality
Greenhouse Gas Emissions
Hazards/Hazardous Materials
Hydrology/Water Quality
Land Use Planning
Noise
Population and Housing
Public Services
Transportation/Circulation
Utilities and Service Systems
Mandatory Findings of Significance
AVAILABLE INFORMATION
The following studies and pertinent information are available for review and use in the preparation ofthe
Environmental Impact Report.
Site-Specific Reports/Letters/Exhibits
1. Bressi Ranch Master Plan. Amendments prepared by Howes Weiler & Associates, dated
November 2014.
2. Bressi Ranch ProRram Environmental Impact Report, prepared by Cotton/Bridges and Associates,
December 2001.
3. Drainage Study, prepared by Rick Engineering, dated November 24, 2014.
4. Storm Water Management Plan, prepared by Rick Engineering, dated November 24, 2014.
5. Geomorphic Assessment, prepared by Rick Engineering, dated November 24, 2014.
6. Vesting Tentative Map, prepared by Rick Engineering, dated November 24, 2014.
7. Floor Plans and Elevations prepared by Starck Architecture, dated November 24, 2014
8. Landscape Concept Plan. Water Conservation Plan, and Fire Protection Plan, prepared by
GroundLevel, dated November 24, 2014.
9. Proiect Description, prepared by Howes Weiler & Associates, dated November 2014.
10. Preliminary Title Report for the property.
11. A noise study is being prepared for the project by the applicant and is not available at this time.
General studies/reports:
1. Citv of Carlsbad General Plan, adopted by Carisbad City Council.
2. City of Carisbad Zoning Ordinance. (Title 21 ofthe Carisbad Municipal Code) and Zoning Map.
3. City of Carisbad Environmental Protection Procedures. (Title 19 of the Carlsbad Municipal Code).
4. Citv of Carisbad Landscape Manual, dated February, 2012.
5. 2014 Traffic Monitoring Report. Citv of Carisbad. June 2014.
6. Open Space and Conservation Plan for Natural Communities in the City of Carisbad. dated
November 2004.
7. Citv of Carisbad Noise Guidelines Manual, dated September 1995.
8. McClellan Palomar Airport Land Use Compatibility Plan, prepared by San Diego Regional Airport
Authority, March 4, 2010.
9. Local Facilities Management Plan-Zone 17. dated May 2002.
SCOPE OF CONSULTANT SERVICES
The consultant shall prepare an Initial Study to determine the scope ofthe Focused Environmental Impact
Report for the Uptown Bressi project and related applications which are acceptable to the City. The
Focused EIR shall be prepared pursuant to all applicable State laws and shall conform to the California
Environmental Quality Act (CEQA) and State EIR guidelines.
The Consultant shall be responsible for the accuracy and completeness of all information contained in
the Initial Study and Final Draft Focused EIR. If the Consultant does not wish to accept responsibilitv
for the information contained in the technical studies, the Consultant shall provide to the City
statements signed by the appropriate technical consultant accepting responsibilitv for the accuracy and
completeness of anv studies/reports prepared bv that technical consultant. These signed statements
of responsibility shall be made a part of the appendices of the Focused EIR.
The Consultant shall:
1. Obtain all reference material and conduct all research and field data collection necessary to
prepare an Initial Study and Focused EIR.
2. Prepare an Initial Study (IS) to provide substantiating data and analysis to focus the focus of the
EIR, eliminating some issues from consideration (e.g., agriculture, paleontological and cultural
resources) and potentially narrowing required analysis within certain resources areas. The IS
would also be used to provide an important component ofthe record for issues not addressed in
the Focused EIR. Provide a Draft and final versions ofthe IS in MS Word and PDF (no hard copies).
3. Identify, discuss and develop appropriate mitigation monitoring programs for any impacts which
may be associated with the short-term and/or long term development of the site.
4. Provide five (5) 1st screen check hard copies and five (5) digital copies on CD of the Draft EIR
documents for city staff review that will be consistent with CEQA and the Carisbad Environmental
Protection ordinance (Title 19 of the Carisbad Municipal Code) within twelve (12) weeks from
entering into an agreement with the City.
5. Provide five (5) 2nd screen check hard copies and five (5) digital copies on CD ofthe revised Draft
EIR documents including appendices and exhibits, which incorporate staffs written
recommendations and revisions to the 1st screen check Draft EIR, and a first draft of a Mitigation
Monitoring and Reporting Program and Candidate Findings of Fact within four (4) weeks from
receiving 1st screen check comments from the city.
6. Provide twenty (20) spiral-bound copies and twenty-five (25) digital copies on CD of the City-
approved Draft EIR, twenty-five (25) digital copies on CD of the technical appendices, and one
digital copy on CD of all documents in .pdf format that can be easily posted (i.e. broken down into
chapters) to the City's website and one (1) CD in original software format (e.g., Word).
7. Respond to all comments made during the Draft EIR public review period. Consultant shall
provide five (5) 1st screen check copies ofthe responses to comments. Final EIR documents, and
any necessary amendments to the technical appendices within four (4) weeks after the close of
the public review period.
8. Provide five (5) 2nd screen check copies ofthe responses to comments. Final EIR documents, and
any necessary amendments to the technical appendices within four (4) weeks of receiving the
written comments from City Staff on the 1st screen check copies of the responses to comments
and the Final EIR.
9. Provide twenty-five (25) spiral bound copies, twenty-five (25) digital copies on CD, and one (1)
unbound reproducible copy ofthe Final Draft EIR, one (1) hard copy and twenty-five (25) digital
copies on CD of any amended technical appendices, one (1) digital copy of the Findings of Fact,
one (1) digital copy of the Mitigation Monitoring and Reporting Program, and one (1) digital copy
on CD of all documents in a format that can be easily posted (i.e. broken down into chapters) to
the City's website.
10. Provide ten (10) spiral bound copies of the Certified Final EIR (incorporating any changes and in a
clean format without underiine, strikeouts, or comments) with technical appendices, exhibits.
Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding
Considerations (if needed and directed by the City) including one (1) Master CD from which copies
can be made which incorporate any changes (clean copy without underiine, strikeouts, or
comments) made to the Final Draft EIR documents during the public hearing and certification
process.
11. Attend up to twelve (12) meetings, including but not limited to:
• One (1) kick off meeting with City Staff.
• One (1) public scoping meeting.
• Two (2) meetings with staff to discuss issues regarding the preparation of the screen check
draft.
• Two (2) meetings with staff to review comments on the screen check draft.
• Two (2) meetings with staff to review responses to public comments and the final draft.
• Up to three (3) public hearings with presentations as necessary as determined by City staff.
• One (1) additional meeting as necessary.
12. The EIR shall meet all of the requirements set forth in the California Environmental Quality Act
(Public Resources Code 21000 et seq.) and the State CEQA guidelines (California Code of
Regulations, section 15000 et seq.). In addition, as part ofthe proposal, provide a detailed Work
Program to comprehensively address and analyze the scope of issues identified and described
below or in the attached Initial Study. Other issues to make the EIR a complete document in
compliance with CEQA and the State CEQA Guidelines should also be addressed.
13. Consultant shall also manage the project in accordance with the project schedule and meet all
deadlines as identified.
INTRODUCTION AND EXECUTIVE SUMMARY
The introductory chapter and executive summary is a required section under CEQA. This section should
provide sufficient detail to evaluate and review the environmental impacts of the project, but not
excessive detail. It may be used as a "stand alone" document.
Tasks:
1. The consultant shall prepare an introductory chapter and executive summary pursuant to all
applicable CEQA requirements. This section should identify the project location and boundaries
on detailed regional maps. It should include a general description of the project's technical,
economic, and environmental characteristics. It should include a statement briefly describing the
intended uses ofthe EIR. It should also list the agencies which are expected to use the EIR in their
decision-making and the approvals for which the EIR will be used. This section must itemize and
discuss briefly each significant effect of the proposed project, as well as proposed mitigation
measures required and alternatives which would reduce or avoid that impact. It should identify
areas of controversy and issues raised by agencies or the public. Issues which would remain to
be resolved should be called out, including the choices among alternatives and whether or how
to mitigate the significant impacts.
The EIR shall comprehensively address and analyze the scope of issues identified and described
below or as in the Initial Study prepared for the project. Other issues to make the EIR a complete
document in compliance with CEQA and the State CEQA Guidelines should also be addressed.
AESTHETICS/GRADING
The site is located in the northern portion of the Bressi Ranch neighborhood. The proposed project will
mass grade the entire 17 acre site, however, cut and fill quantities will balance on site and import/export
of dirt will not be required. Retaining wall structures are proposed in various locations on the site. These
retaining walls will allow for the creation of access driveways and on site storm water treatment areas.
Landscaping, signage and water features will be incorporated in order to reduce the negative impacts of
the retaining walls as much as possible.
Tasks:
1. The consultant shall perform a review of a minimum of three (3) project visual simulations,
(locations selected by City and EIR preparer) prepared by Smith Consulting Architects and Starck
Architecture (not available at time of release of subject RFP). The consultant shall evaluate the
simulations for accuracy to ensure that the analyses are of a scale and level of effort appropriate
to the requirements ofthe project. The visual simulations should include 1) the proposed graded
pads, and 2) the graded pads with the proposed maximum building heights and mass depicted.
The consultant shall identify any flaws in the methodologies and/or conclusions and, if no flaws
are found, shall incorporate the findings ofthe review, including the mitigation measures, into
the text ofthe EIR. If inconsistencies/flaws are identified, the EIR consultant shall work with the
consultant who prepared the study to revise the analysis/conclusions as appropriate.
2. The consultant shall describe the existing visual setting of the site including public and private
view sheds, elevations and topography.
3. The changes to the visual setting, appropriateness ofthe quantity of grading as well as the grading
design shall be analyzed based on conformance with the General Plan and City's Hillside
Development Ordinance to determine if the project would result in a significant negative visual
impact.
4. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and identify any impacts remaining after
implementation ofthe recommended mitigation measures.
AIR QUALITY
Proiect Background
The San Diego Air Basin is classified as a "severe" nonattainment area for both federal and state standards
for ozone (smog). The San Diego Air Basin also exceeds the state standard for airborne particulate matter.
Since the proposed request involves an increase in density which was not anticipated as a part of the
regional air quality planning process and the resulting California State Implementation Plan (SIP), the
proposed project may result in a significant increase in local and regional air pollution.
Mass transit will be limited to existing Breeze bus route 445 and/or other bus routes determined to be
feasible by the North County Transit District (NCTD).
Although the project has been designed to encourage pedestrian traffic and accommodate public transit,
the development ofthe proposed project will result in an incremental increase in local and regional air
pollution. Grading for the project may also contribute significantly to the generation of fugitive dust. The
San Diego Air Basin is classified as a "severe" non-attainment area for both federal and state standards
for ozone (smog). The San Diego Air Basin also exceeds the state standard for airborne particulate matter.
Impacts from the project may include construction emissions, equipment exhaust, fugitive dust, and
vehicle emissions. The project's impact may be significant, as the region presently does not meet air
quality standards. Additional mitigation measures may be necessary such as providing for public transit
in the project design and implementation of various Transportation Control Measures (TCMs) to reduce
trips, vehicle use, miles traveled, idling, or traffic congestion.
Tasks:
The consultant shall discuss the project setting, including a review of the regional meteorology.
The consultant shall review and address both short-term and long-term air quality impacts of the
project. Recommended analysis to determine emissions resulting from the project may include:
a. Provision of a summary of required emissions data;
b. Calculations of air quality impacts and emissions - both temporary impacts during
construction and permanent impacts during operation of the project, including CO2
hotspot analysis; and
c. Modeling of air quality impacts, including modeling of ambient air quality.
2. Air quality impacts shall be analyzed in regard to the following:
a. Project emissions from vehicular and stationary sources;
b. Grading and Construction; and
c. Compliance with federal and state standards as well as regional air quality attainment plans.
3. The consultant shall complete an Air Quality Site Assessment of the project and incorporate the
findings ofthe review into the text ofthe EIR.
4. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
GREENHOUSE GAS EMISSIONS
Tasks:
1. The consultant shall prepare a Greenhouse Gas Emissions Study.
2. The consultant shall prepare a general summary of the State's current policy and view of the
science addressing global warming and greenhouse gas emissions. The consultant shall utilize the
Governor's Office of Planning and Research CEQA Guidelines, Section 15064.4, "Determining the
Significance of Impacts from Greenhouse Gas Emissions," (effective March 31, 2010) as a guide
forthe analysis.
3. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
HYDROLOGY/WATER QUALITY
Tasks:
1. Using available data, the consultant shall describe the hydrological setting (existing hydrological
conditions) ofthe site and general drainage characteristics.
2. The consultant shall perform a third-party review ofthe Hydraulic Analysis, Drainage Study, Storm
Water Management Plan, Hydromodification Management Plan and Geomorphic Assessment.
The consultant shall evaluate the methodologies and conclusions contained in the reports for
legal and scientific adequacy and accuracy to ensure that the analyses are of a scale and level of
effort appropriate to the requirements of the project. The consultant shall identify any flaws in
the methodologies and/or conclusions and, if no flaws are found, shall incorporate the findings of
the review, including the mitigation measures, into the text of the EIR. If inconsistencies/flaws
are identified, the EIR consultant shall work with the consultant who prepared the study to revise
the analysis/conclusions as appropriate.
3. The consultant shall review the Hydraulic Analysis, Drainage Study, Storm Water Management
Plan, Hydromodification Management Plan, and Geomorphic Assessment to ensure that all
requirements ofthe latest City of Carlsbad's Drainage Master Plan, the Storm Water Management
and Discharge Control Ordinance (Chapter 15.12 of the Carisbad Municipal Code) and current
California Regional Water Quality Control Board San Diego Region Order serving as a National
Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge for discharges from
the Municipal Separate Storm Sewer System (MS4) draining the watersheds within the City of
Carisbad are satisfied.
4. The consultant shall evaluate the proposed drainage systems adequacy in regulating the discharge
volumes and rates of drainage from the project site as it relates between pre and post-
development conditions.
5. The consultant shall, based on a review of the Minor Subdivision, site plans, and Storm Water
Quality Report, verify if sufficient Low Impact Design features have been incorporated into the
project, to the maximum extent practicable, to ensure the post-development scenario mimics the
hydraulic characteristics ofthe project as compared to pre-development conditions.
6. The consultant shall evaluate the degree to which the project will alter existing drainage patterns
to determine if a significant impact will be created.
7. The consultant shall address and recommend appropriate mitigation measures to reduce erosion
potential onsite.
8. The consultant shall analyze and evaluate the potential impacts to San Marcos Creek, Batiquitos
Lagoon and/or Pacific Ocean and ensure that this project identifies all pollutants of concern,
beneficial uses of the San Marcos Creek, Batiquitos Lagoon, and/or Pacific Ocean, and the BMP
measures required to address them.
9. The consultant shall evaluate the proposed project for National Pollutant Discharge Elimination
System permit compliance.
10. The consultant shall ensure that maintenance of any permanent detention/pollution control
basins is included in the EIR.
11. The consultant shall identify maintenance requirements of the structural BMP measures being
implemented with this project.
12. The consultant shall evaluate the proposed project for impacts to wetlands.
13. The consultant shall ensure that all required mitigation measures identified in the Hydraulic
Analysis, Drainage Study, and Storm Water Management Plans and Hydromodification
Management Plan are included in the EIR.
14. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
LAND USE PLANNING
Proiect Background
An amendment to the Bressi Ranch Master Plan has been requested to change the land use designation
forthe site, and to allow for a mixed commercial and residential designation. The site was designated for
office/warehouse/industrial development by the original Bressi Ranch Master Plan. The Safety Zones
created by the 2010 McClellan-Palomar Airport Land Use Plan Compatibility Plan locate this site in Safety
Zone 6 which allows for the unrestricted development of commercial and residential uses. The project
will be processing a corresponding General Plan amendment to implement the new land use designations.
Tasks:
1. The consultant shall describe the environmental and land use setting of the project. This will
include a discussion of any inconsistencies between the proposed project and the City's adopted
General Plan and Zoning Code, habitat plan and regional plans.
2. The consultant shall examine the land use compatibility between the proposed project and
surrounding existing and proposed development (i.e. land uses, increase in density, height,
light/glare, etc.).
3. The consultant shall examine the existing physical conditions as well as the potential future
conditions and shall perform a detailed land use analysis on the appropriateness and timing of
the proposed use.
4. The consultant shall perform a detailed project review to confirm the project's compliance with
City ordinances and policies. The ordinances and policies shall include: 1) the Carisbad General
Plan, 2) the Carisbad Habitat Management Plan, 3) the Carlsbad Environmental Protection
Procedures (Title 19), 4) the Carisbad Subdivision regulations (Title 20), 5) the Carisbad Zoning
Ordinance (Title 21) including the Growth Management and Inclusionary Housing Regulations, 6)
the McClellan Palomar Airport Comprehensive Land Use Plan, 7) Landscape Manual, and 8) the
Open Space and Conservation Resource Management Plan.
5. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended measures.
NOISE
Proiect Background
The project site will experience noise impacts from Palomar Airport Road and the McClellan-Palomar
Airport. Additional short-term noise impacts associated with grading and construction are anticipated.
Increases in traffic volumes may also add incremental noise along the circulation corridors. Nuisance
noise may be generated from the commercial loading areas, rooftop mechanical equipment and daily
operations ofthe commercial project.
Tasks:
1. The consultant shall perform a review of the acoustical analysis prepared for the project and shall
incorporate the findings ofthe reports/assessments into the text ofthe EIR.
2. The Noise Element of the General Plan and City of Carisbad Noise Guidelines Manual shall be
consulted to assure proposed mitigation measures do not conflict with adopted policies and
guidelines.
3. The McClellan-Palomar Airport Land Use Compatibility Plan for shall be reviewed to determine
whether the identified noise levels and proposed land uses will be compatible and what additional
requirements ofthe airport plan shall be imposed in the project.
4. The consultant shall identify the criteria used to determine significance; identify and significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
POPULATION AND HOUSING
Proiect Background
The proposed project requires changes to the Bressi Ranch Master Plan to allow for the addition of 125
housing units to the maximum number of housing units allocated for the Master Plan area. Housing units
have not been allocated to this site in the City's Housing Element. In order to approve the project and the
construction ofthe units, housing units set aside in the City's Excess Dwelling Unit Bank would need to be
allocated to the project site.
Tasks:
1. The consultant shall analyze the proposal to determine if it will induce substantial growth in the
area either directly or indirectly.
2. The consultant shall analyze the project for compliance with the City's Housing Element and State
and regional housing goals.
3. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
PUBUC SERVICES
Tasks:
1. The consultant shall describe the project setting and shall determine the demands of the entire
project for the following: a) fire protection; b) police protection; c) schools; d) parks; and e) other
public facilities (government offices, etc.).
2. The consultant shall determine the ability of the agencies providing the services in item number
1 above to meet the demands of the proposed project in order to conclude whether a significant
impact will be created. The consultant shall evaluate if sufficient public utilities are provided for
the intensity of development proposed to ensure that the adequacy of the City's public facility
plan for Zone 17 will not be adversely impacted.
3. The consultant shall prepare a Water Supply Analysis and incorporate the findings of the review
into the text ofthe EIR.
4. The emergency response plans ofthe City of Carisbad shall be analyzed in conjunction with the
proposed project to determine if the project will interfere with existing plans.
5. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
TRANSPORTATION/CIRCULATION
Proiect Background
The proposed development may generate additional traffic on adjacent and nearby road segments and at
adjacent and nearby intersections. A Traffic Impact Assessment has been prepared by the applicant's
traffic consultant, Urban Systems Associates.
Tasks:
1. The consultant shall prepare a peer review of the Traffic Impact Analysis (TIA) for technical
accuracy and proposed mitigation measures and add, supplement, or amend the report as
necessary and incorporate the findings ofthe review into the text ofthe EIR. The consultant shall
incorporate or revise the study to be consistent with the 2030 regional build-out model. If
inconsistencies/flaws are found, the EIR consultant shall work with the consultant who prepared
the study to revise the analysis/conclusions as appropriate.
2. The consultant will be provided with a City staff approved Traffic Impact Assessment for use in
preparing the Transportation/Traffic section of the EIR. The consultant shall incorporate the
information and findings ofthe study into the EIR.
3. The consultant shall review the TIA to ensure that all requirements of the City of Carisbad's
Growth Management Program are satisfied.
4. The consultant shall ensure the study limits of the TIA extend to those road segments and
intersections where 20% or more of project-generated traffic is expected to impact.
5. The consultant shall ensure that the TIA identifies the level-of-service (LOS) forthe road segments
and intersections for current, near-term and build-out scenarios are identified as it relates to the
proposed project.
6. The consultant shall review the TIA for conformance against SANTEC/ITE Guidelines (including
Congestion Management Plan analysis) for Traffic Impact Studies in the San Diego Region.
7. The consultant shall review the TIA against the assumptions made within the City's latest build-
out traffic model.
8. The consultant shall evaluate the TIA, which provides a worst-case traffic generation scenario, to
determine if any trip credits or trip reductions are applicable for proximity to non-residential
development and transit lines.
9. The consultant shall review the Tentative Map and site plan exhibits to identify any potential
conflicts for intersection sight distance, turning movements, right-lane pocket lengths,
roundabouts, and vehicular decisions associated with the project, using Caltrans standards.
10. The consultant shall identify if the proposed project creates potential impacts to areas outside
the City of Carisbad, and if the project requires any mitigation measures.
11. The consultant shall ensure that all required mitigation measures identified in the reports,
tentative maps, and site plan exhibits are included in the EIR for this project.
12. The components of the traffic/circulation analysis should include vehicular traffic, public
transportation, bike and pedestrian traffic, construction traffic, and parking. An evaluation ofthe
pedestrian and bicycle circulation system for potential hazards shall also be completed.
13. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
UTILITIES AND SERVICE SYSTEMS
Tasks:
1. The consultant shall describe the project setting and shall determine the demands of the entire
project for the following: a) wastewater treatment facilities; b) water facilities; c) storm water
drainage facilities; and d) solid waste facilities.
2. The consultant shall determine the ability of the agencies providing the services in item number
1 above to meet the demands of the proposed project in order to conclude whether a significant
impact will be created.
3. The consultant shall review the sewer and water facilities proposed against the City of Carisbad's
Master Sewer and Master Water plans for conformance and shall incorporate the findings of the
review, including any mitigation measures, into the text ofthe EIR.
4. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
MANDATORY FINDINGS OF SIGNIFICANCE
As required by and consistent with CEQA, the EIR shall address all mandatory findings of significance.
CUMULATIVE IMPACTS
Proiect Background
The development of the proposed project may lead to several cumulative impacts that need to be
addressed. These cumulative impacts may include, but may not be limited to degradation of air quality.
Tasks:
1. As required by CEQA, the EIR shall address cumulative impacts for the proposed project. This shall
include an identification of past, present, and reasonably anticipated future projects producing
related or cumulative impacts, and shall include a summary of the environmental impacts
expected to result from those projects. It should contain an analysis of the cumulative impacts of
relevant projects and any reasonable options for mitigating or avoiding any significant cumulative
impacts ofthe proposed project.
2. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
GROWTH INDUCEMENT
Tasks:
1. As required by CEQA, the EIR shall address the impacts of growth inducement created by the
proposed project.
2. The consultant shall identify the criteria used to determine significance; identify any significant
and less than significant, direct and indirect, impacts resulting from the project; recommend
appropriate mitigation measures as may be required; and, identify any impacts remaining after
implementation ofthe recommended mitigation measures.
ALTERNATIVES
As required by CEQA, the consultant shall analyze various project alternatives and provide an assessment
ofthe potential impacts associated with each alternative. The consultant shall include in the EIR some
discussion of why each ofthe selected alternatives was chosen for analysis. The consultant shall provide
a listing of the environmental advantages and disadvantages of each alternative. City Staff and the
consultant will agree on the alternatives to be included. The alternatives shall include, but not necessarily
be limited to, the following:
1. Proiect Alternative 1 - "No Proiect" Alternative - This alternative shall analyze the impacts
associated with the existing conditions at the time the NOP is published as well as what would be
reasonably expected to occur in the foreseeable future if the project were not approved, based
on the current General Plan and consistent with available infrastructure and community services.
2. Proposed Alternative 2 - "Approved Proiect" Alternative - The consultant shall analyze the
impacts associated with the development of a project that was previously approved for the site.
PIP 05-23 was originally approved by the City of Carisbad on May 6, 2006, and if constructed,
would include 6 two-story buildings, containing a total of 300,000 square feet of office/light
industrial uses across the entire site.
3. Proiect Alternative 3 - "Alternative Sites Analysis" - The consultant shall analyze one alternative
site forthe proposed project. This off-site alternative analysis shall provide a general level review
of all of the environmental issues which were evaluated for the proposed project site. The
alternative site will be identified in consultation with City Staff.
4. Proiect Alternative 4 - "Reduced Proiect" Alternative - The consultant shall evaluate a variation
of the project, which would allow for a reduced level of development intensity.
CEQA MANDATED SECTIONS
The consultant shall include all sections mandated by CEQA in the EIR.
FORMAT
The EIR should be prepared in conformance with the following:
Table of Contents
Summary
Significant Effects, Proposed Mitigation and Alternatives
Areas of Controversy
Issue to be Resolved
Project Description
Project Location Maps
Statement of Objectives
Technical, Economic and Environmental Characteristics
Intended Uses ofthe EIR
Agencies Expected to Use the EIR
List of Permits and Approvals Required
Environmental Setting
Baseline Environmental Conditions
Resources Unique to the Region
Consistency with Regional Plans
Consideration and Discussion of Environmental Impacts
Significant Effects
Significant Effects Which Cannot be Avoided or Mitigated
Significant Irreversible Changes
Growth Inducing Impacts
Mitigation Measures
Measures proposed by the Applicant
Measures recommended by the City or others
Discussion of alternative mitigation measures
Alternatives
Effects Found Not to be Significant
Discussion of Cumulative Impacts
For Final EIR:
The DEIR or a revision of it
Comments and Recommendations Received on the DEIR
Persons, Organizations, and Public Agencies commenting on the DEIR
Responses to Comments
HDR Engineering, Inc.
COST ESTIMATION WORKSHEET - SO CAL PERM
Fully Burdened Rates, Including Profit and Technology Charge
DATE OF ESTIMATE:
A-E FIRM:
CONTRACT NO.:
HDR Engineering
NA
Task 1 Task 2 ?. Task 4 Task 5 Task 6 ' ^s~ 7 PAGE1
PROJECT : Uptown Bressi EIR
Project Initiation First Screencheck Draft Second Screencheck Draft EIR for Public 1 s Screencheck 2nd Screencheck/Draft Final EIR
LOCATION: City of Carlsbad EIR Draft EIR Review RTC/Final EIR Final EIR LOCATION: City of Carlsbad
TOTAL TOTAL
THIS PAGE PAGE 1 TO 2
PART 1 - DIRECT SERVICES
ITEM FFP/HR HRS 1 COST HRS 1 COST HRS 1 COST HRS 1 COST HRS COST HRS COST HRS COST HRS COST HRS COST
Name Title Adjusted
Gnibus.Tim - Environmental Business Class Lead 307.00 S307.00 6 $1,842 22 56,754 18 $5,526 8 S2,456 16 54,912 6 $1,842 4 51.228 80 $24,560 106 $32,542
Meyer, Clint - Senior Environmental Planner 192.00 S192.00 4 $768 16 53,072 12 $2,304 $0 10 51.920 $0 SO 42 $8,064 42 $8,064
Osorio, Mario - Assistant Community Planner 127.00 $127.00 50 12 $1,524 8 $1,016 $0 SO $0 SO 20 $2,540 20 $2,540
Del Rosario, Sharyn - Environmental Planner 107.00 5107.00 24 $2,568 220 523,540 116 $12,412 24 $2,568 24 52,568 24 $2,568 12 51,284 444 $47,508 484 $51,788
Arena, Lori - Environmental Analyst 97.00 $97.00 2 $194 SO 16 $1,552 $0 $0 $0 SO 18 $1,746 18 $1,746
Parsons, Terri - Document Production Specialist 111.00 $111.00 8 5888 32 53,552 24 $2,664 28 $3,108 24 $2,664 4 $444 8 S888 128 $14,208 142 $15,762
Burvall, Anders - GIS Analyst 114.00 $114.00 4 5456 16 51,824 8 $912 4 $456 4 $456 4 $456 2 5228 42 $4,788 42 $4,788
Swift, Brinton - Water Resources Project Engineer 170.00 $170.00 SO 6 51,020 $0 $0 $0 $0 SO 6 $1,020 6 $1,020
Casey, Tim 196.00 $196.00 $0 8 SI,568 SO $0 $0 SO SO 8 $1,568 8 $1,568
Kessinger, Jessica 131.00 $131.00 $0 24 53,144 SO SO $0 SO SO 24 $3,144 24 $3,144
Lovell, Rick 164.00 $164.00 $0 4 S656 so SO $0 $0 SO 4 $656 4 $656
Heisens. Sharon - Business Group Accountant 131.00 $131.00 2 5262 2 $262 2 S262 2 $262 2 $262 2 5262 SO 12 $1,572 12 $1,572
0.00 $0.00 SO $0 SO SO $0 SO SO 0 $0 0 SO
SUBTOTAL DIRECT LABOR 50 S6.978 362 546,916 204 526,648 66 S8.850 80 $12,782 40 55.572 26 S3,628 828 $111,374 908 $125,190
PART II - SUPPORT SERVICES - ITEMIZED ON SUPPLEMENT SHEETS THIS PAGE PAGE 1 TO 2
ITEM AMT 1 COST AMT J COST AMT COST AMT COST AMT COST AMT COST AMT COST AMT 1 COST AMT J|_ TOTAL
Printing S100 SEIR $250 SSEIR $250 Draft EIR 51.000 SFEIR S275 DFEIR $275 FEIR 51,250 53,400 $3,500
Travel $0 $900
Subconsultant (Air Quality and Greenhouse Gas Emissions) $4,200 54,200 $4,200
Subconsultant Mark-up $420 5420 $420 Subconsultant Mark-up
$0 SO
SO $0
so $0
[SUBTOTAL SUPPORT SERVICES S100 S4,870 $250 SI.000 5275 S275 51,250 58,020 S9,020
TASK SUBTOTAL $7,078 $51,786 $26,898 $9,850 $13,057 $5,847 $4,878 $119,394 908 $134,210
HDR Enalneerina - Confidential 3/13/?ni5
HDR Engineering, Inc.
COST ESTIMATION WORKSHEET - SO CAL FERM
Fully Burdened Rates, Including Profit and Technology Charge
Rev. 01/2015 -2015 Rates DATE OF ESTIMATE:
A-E FIRM:
CONTRACT NO.
HDR Engineering
NA
Task 8 Task 9 Task 10 Task 11 PAGE 2
PROJECT: Uptown Bressi EIR
CEQA Findings/SOC MMRP Meetings and Hearings Certified Final EIR
LOCATION: City of Carlsbad LOCATION: City of Carlsbad
TOTAL TOTAL
THIS PAGE PAGE 1 TO 2
PART 1 - DIRECT SERVICES
ITEM FFP/HR HRS 1 COST HRS COST HRS 1 COST HRS COST HRS 1 COST HRS 1 COST HRS 1 COST HRS COST HRS COST
Name Title Adiusted
Gnibus,Tim - Environmental Business Class Lead 307.00 $307.00 4 $1,228 2 $614 18 55,526 2 $614 SO $0 so 26 $7,982 106 $32,542
Meyer, Clint - Senior Environmental Planner 192.00 $192.00 SO $0 SO $0 $0 $0 so 0 $0 42 $8,064
Osorio, Mario - Assistant Community Planner 127.00 $127.00 SO $0 SO $0 $0 $0 so 0 $0 20 $2,540
Del Rosario, Sharyn - Environmental Planner 107.00 5107.00 24 $2,568 8 $856 SO 8 5856 $0 $0 $0 40 $4,280 484 $51,788
Arena, Lori - Environmental Analyst 97.00 597.00 SO $0 so 50 $0 $0 so 0 50 18 $1,746
Parsons, Terri - Document Production Specialist 111.00 5111.00 2 $222 4 $444 $0 8 S888 $0 $0 so 14 $1,554 142 $15,762
0.00 $0.00 SO $0 SO SO $0 $0 so 0 $0 42 $4,788
0.00 $0.00 SO $0 so SO $0 $0 so 0 SO 6 $1,020
0.00 $0.00 so SO so $0 $0 $0 $0 0 so 8 $1,568
0.00 so.oo $0 SO so $0 $0 $0 so 0 so 24 $3,144
0.00 $0.00 so SO so SO $0 $0 so 0 SO 4 $656
0.00 $0.00 $0 SO so SO $0 $0 so 0 so 0 $0
0.00 $0.00 $0 SO so $0 $0 $0 so 0 so 12 $1,572
0.00 so.oo so SO so $0 $0 $0 so 0 $0 0 SO 1
SUBTOTAL DIRECT LABOR 30 84.018 14 $1,914 18 $5,526 18 $2,358 SO 50 so 80 513,816 908 5125,190 1
PART II - SUPPORT SERVICES - ITEMIZED ON SUPPLEMENT SHEETS THIS PAGE PAGE 1 TO 2
ITEM AMT 1 COST AMT 1 COST AMT 1 COST AMT COST AMT J COST AMT 1 COST AMT 1 COST AMT COST AMT TOTAL
Printing $50 $50 SO $100 $3,500
Travel $0 $100 S800 $0 $900 $900
$0 $0 $0 so SO $4,200
SO so SO $420
SO $0
SO $0
SO $0
SUBTOTAL SUPPORT SERVICES $50 $50 5100 S800 1 50 SO 1 so 51,000 $9,020
TASK SUBTOTAL $4,068 1 $1,964j $5,626 $3,158 $0 $0 so $14,816 $134,210
*** GRAND TOTAL FEE *** $134,210
PM SIGNATURE
HDR Engineering - Confidential 3/13/2015 Page 2
CERTIFICATE
The undersigned hereby certifies that she is the Assistant Secretary of HDR Engineering,
Inc., a Nebraska corporation (the "Corporation"), and that, as such, has custody of the minute
books of the Corporation, and that, by Consent and Agreement of the Board of Directors dated
May 21, 2014, the following resolution was unanimously adopted:
"RESOLVED, that effective immediately, and until June 20, 2015, or until
termination of said individual from the Corporation, or until recision by the Corporation's
Board of Directors, whichever occurs first, the following individuals are hereby granted the
nondelegable authority to execute or approve on behalf of the Corporation, contracts for
engineering services and architectural services incidental to engineering services to be
rendered by the Corporation or releases of claim or lien in connection with such
services, such contracts or releases so executed or approved shall be binding upon the
Corporation:
.. Brent R. Felker - Executive Vice President...
.. Sharon M. Greene - Senior Vice President...
.. Thomas T. Kim - Senior Vice President...
.. David A. Ludwin - Senior Vice President...
.. Laurie L. Roden - Senior Vice President...
.. Michael I. Schneider - Senior Vice President...
.. Kip D. Field - Vice President...
.. Jonny B. Rohrer - Authorized Representative ...
Further, by Consent and Agreement ofthe Board of Directors dated
October 1, 2014, the following resolution was unanimously adopted:
"FURTHER RESOLVED, that effective September 29, 2014. Randy N. Altshuler,
Vice President, is hereby added as a signatory for the Corporation."
The undersigned further certifies that the foregoing resolutions have been spread in full
upon the minute books ofthe Corporation and are in full force and effect.
DATED QcLU^20^4.
, 4C0RP0RATE S|AL) iL - 0 /9
\t' Bonnie J. Kudrow, Asst. Secretary
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Jj^^O^^^ )
On 1^1^ i 15. ^0\5 before me, ICMI 4• VV|0ifc, "^^m ^^^0.-
(insert name and title of the officer)
personally appeared 'V{\X)XY\n^ T. K\Y)0. '
who proved to me on the basis of satisfactory evidence to be the person(8)-whose name^eJdsSffe-
subscribed to the within instrument and acknowledged to me that45S&ttie/ll rey executed the same in
(fiiB*»ef/their authorized capacity(4es), and that by:;^^or/thGir signature(s) on the instrument the
person(8), or the entity upon behalf of which the person(^cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
^.fflssSsjg. MICHELLE A. WMTTE WITNESS my hand and official seal. li^S^ commission # 1M9509
' •:BsB"J«ai Notary Public - CalHomUi
Orange County 1 y Orange Couray |
Signature /( A .WJ/LiAZ^. (Seal)