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HomeMy WebLinkAboutPalomar Transfer Station Inc; 2004-01-20;AMENDED AGREEMENT BETWEEN CITY AND PALOMAR TRANSFER STATION, INC. FOR PAYMENT OF EIR CONSULTANT THIS AGREEMENT, made and entered into as of the o? ,5-s day of , 2004, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City,” and Palomar Transfer Station, Inc., hereinafter referred to as “APPLICANT”, shall serve to amend the previous contract Q= dated, January 20, 2004 attached hereto. All provisions of the original contract shall remain in effect, except that as outlined in the Consultant’s revised proposal, dated April 30, 2004, 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 $41,077.00 for the additional work, making the maximum fees payable a total of $1 60,401 .OO. IN WITNESS WHEREOF we have hereunto set our hands and seals. APPLICANT: PALOMAR TRANSFER STATION, INC. CITY OF CARLSBAD, a municipal corporation of the State of California By: City‘Manager or Mayor ATTEST: (print nam e/ti t I e LORRAINE p. (sign here) (print nam e/t it I e) APPROVED AS TO FORM: RONALD R. BAAL, City Attorgey By: pssistant City Attorney City Attorney Approved Version 0311 7/04 April 30,2004 TASK Revise RBF Traffic Report Revise Mestre-Greve Noise report Revise DHK Odor Report Prepare Jurisdictional Wetland Delineation Prepare CO analysis Greystone Staff Time and Materials Ms. Elaine Blackburn, AICP Senior Planner, City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 NEED 1 PURPOSE COST Project Description Change $ 11,440.00 Project Description Change $2.700.00 Project Description Change $2,352.00 Data Gap /Additional analysis needed $4,240.00 Data Gap / Additional analysis needed $ 6,480.00 Revise EIR, review revised reports, coordinate $ 13,865.00 RE: Palomar Transfer Station EIR - Contract Amendment #1 Dear Elaine: As requested, we have prepared additional information for your use in processing a contract amendment for the Palomar Transfer Station Em. Following is a summary table which (1) lists the scope of work changes and additional tasks that are needed to complete the Palomar Transfer Station EIR; (2) states the reason the additional work is required; and (3) provides the estimated cost to complete. This contract amendment is required to ensure that the budget and scope of work are adequate to address (1) Applicant-initiated project description changes; and, (2) data gaps that were revealed during the course of review of Applicant-prepared technical studies. Also attached is the revised budget spreadsheet sent to you by email on January 14,2004. Additional time for Greystone staff are included in this contract amendment request to cover the staff effort that was needed to coordinate with the City and sub-consultants on performing these additional tasks, review the revised technical reports and revise the nearly complete Administrative Draft EIR. I I with Citv and sub-consultants- I I Please feel free to contact me at (858) 530-8772 if I can answer any questions or provide you with additional information. Thank you again for the opportunity to be of continued service to you and the City of Carlsbad. Best Regards, Leslea Meyerhoff, AICP Regional Manager Attachments 9474 Kearny Villa Road Suite 103 San Diego, California 92126 Phone (858) 530-8772 Fax (858) 858-8756 Website: www.greystone.us E-mail: greystone@greystone.us P 8 EXHIBIT 2 AGREEMENT BETWEEN CITY AND PALOMAR TRANSFER STATION, INC. FOR PAYMENT OF EIR CONSULTANT FOR EIR 03-04 4k THIS AGREEMENT is made this 20 day of sa-wa~, ,20 0 9, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and Palomar Transfer Station, Inc. hereinafter referred to as "APPLICANT". RECITALS WHEREAS, the APPLICANT has filed with the CITY a request for approval of a proposed project identified as Palomar Transfer Station - CUP 260( C) 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 Greystone Environmental Consultants, Inc. hereinafter referred to as "CONlRACTOR 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!31100 45- the Proposal attached as Attachment 2 and made a part of this agreement, and may require: a) Field exploration; b) Weekly communication with the City staff; c) Written reports; and d) Such other work necessary to properly evaluate the 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 which 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 APPLKANT has advanced the sum of $119,324.00 as payment on account for the actual cost of the CONTRACTORS 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. 5. It is understood that the CONTRACTOR shall be an independent 2 Rev. 07/3 1 /00 46 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 and City Council 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. 07/31/00 4q IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. 9 Executed by APPLICANT this 22' day of &k&? r ,2003. APPLICANT: Palomar Transfer Station, Inc. W James T. AmbrosoNice President (print name here/title) Bv: ClTY OF CARLSBAD, a municipal corporation of the State of California (sign here) (print name hereltitle) (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, Cf 0 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 ofker(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 48 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 0r-L be& 22 : h3before me, A&, I-. hj&eLq Notary Public, personally appeared 7. h Gru 5 o , fl personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hishedtheir 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. n hf-w’ (Signature of Noiary) CERTIFICATE The undersigned certifies that she is (i) the duly elected, qualified and acting Secretary of PALOMAR TRANSFER STATION, INC., a California corporation (the " Corporation"), (ii) that attached hereto as Schedule A is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation, and (iii) that such resolutions have not been amended or rescinded and are in full force and effect on the date hereof. Dated: October 17, 2003. Secretary ' SCHEDULE A WHEREAS, the Corporation has or will enter into a Development Agreement (the "Agreement") with the City of Carlsbad (the "City") in the State of California as a prerequisite for an Environmental Impact Report (EN). The EN is required of the Corporation to continue the application process for Conditional Use Permit Amendment 260C (CUP); NOW, THEREFOm, BE IT RESOLVED, that the Corporation is authorized and directed to execute the Agreement, substantially in the form agreed to by the Corporation and the City, and any and all other documents required in connection with the Agreement, with such changes as may be approved by the officers or such other persons authorized to execute same and such actions are hereby approved, adopted, ratified and confirmed; FURTHER RESOLVED that the Corporation is authorized and directed to perform in full the Corporation' s obligations and agreements as set forth therein; FURTHER RESOLVED, that JAMES T. AMBROSO, as Vice President and an Authorized Agent for the Corporation, is authorized and directed to execute and deliver the Agreement any and all other documents on behalf of the Corporation required in connection with the Agreement, ERI, and CUP and in connection with the Corporation' s obligations and agreements set forth therein, all of which actions to be taken or previously taken are hereby ratified and confmed in all respects; FURTHER RESOLVED, that the Secretary, or any other officer of the Corporation, is hereby authorized to certify to the adoption of the foregoing resolutions as may be required. CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 (760) 602-2401 REC'D FROM DESCRIPTION AMOUNT I ACCOUNT NO. dE, Pnntea on recycled paper NOT VALID UNLESS VALIDATED BY CASH REGISTER EXHIBIT 2 AGREEMENT BETWEEN CITY AND PALOMAR TRANSFER STATION, INC. FOR PAYMENT OF EIR CONSULTANT FOR EIR 03-04 k THIS AGREEMENT is made this 20 day of Sa+suar% ,20 6 Y, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and Palomar Transfer Station, Inc. hereinafter referred to as "APPLICANT". RECITALS WHEREAS, the APPLICANT has filed with the CITY a request for approval of a proposed project identified as Palomar Transfer Station - CUP 260( C) 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, if: is agreed as follows: 1. The CITY will engage the firm of Greystone Environmental Consultants, Inc. hereinafter referred to as "CONTRACTOR to perform the necessary work in the processing and monitoring of the Environmental Impact Report for that area rnore 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!31/00 qs- the Proposal attached as Attachment 2 and made a part of this agreement, and may require: a) Field exploration; b) Weekly communication with the City staff; c) Written reports; and d) Such other work necessary to properly evaluate the 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 which 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 $119,324.00 as payment on account for the actual cost of the CONTRACTORS 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. 5. It is understood that the CONTRACTOR shall be an independent 2 Rev. 07/31 /00 4G 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 and City Council 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. 07/3 1 /00 $7 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. J Executed by APPLICANT this &?? day APPLICANT: Palomar Transfer Station, Inc. W James T. AmbrosoNice President (print name here/title) of D r- ,20a. CITY OF CARLSBAD, a municipal (sign here) (print name hereftitle) (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 ofticer(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 eputy City Attorney 4 Rev. 07/31/00 +zT STATE OF CALIFORNIA COUNTY OF SAN DIEGO on Notary Public, personally appeared 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 instnunent 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@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OcL beR 22 : ho3before me, WITNESS my hand and official seal. n (Signature of No\ary> u 4 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: TRANSFER STATION INC Description EIR03004 Amount 119,324.00 Receipt Number: ROO37962 Transaction Date: 10/24/2003 Pay Type Method Description Amount ---__-_-__ ___--_____ ________________ ________-_ Payment Check 210449 119,324 .OO Transaction Amount: 119,324.00 50 CERTIFICATE The undersigned certifies that she is (i) the duly elected, qualified and acting Secretary of PAIDMAR TRANSFER STATION, INC., a California corporation (the " Corporation"), (ii) that attached hereto as Schedule A is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation, and (iii) that such resolutions have not been amended or rescinded and are in full force and effect on the date hereof. Dated: October 17, 2003. Secretary ' SCHEDULE A WHEREAS, the Corporation has or will enter into a Development Agreement (the Agreement”) with the City of Carlsbad (the “ City”) in the State of California as a prerequisite for an Environmental Impact Report (EN). The ERI is required of the Corporation to continue the application process for Conditional Use Permit Amendment 260C (CUP); NOW, THEREFORE, BE IT RESOLVED, that the Corporation is authorized and directed to execute the Agreement, substantially in the form agreed to by the Corporation and the City, and any and all other documents required in connection with the Agreement, with such changes as may be approved by the officers or such other persons authorized to execute same and such actions are hereby approved, adopted, ratified and confirmed; FURTHER RESOLVED that the Corporation is authorized and directed to perform in full the Corporation’ s obligations and agreements as set forth therein; RESOLVED, that JAMES T. AMBROSO, as Vice President and an Authorized Agent for the Corporation, is authorized and directed to execute and deliver the Agreement any and all other documents on behalf of the Corporation required in connection with the Agreement, ERI, and CUP and in connection with the Corporation” s obligations and agreements set forth therein, all of which actions to be taken or previously taken are hereby ratified and confmed in all respects; FURTHER RESOLVED, that the Secretary, or any other officer of the Corporation, is hereby authorized to certify to the adoption of the foregoing resolutions as may be required.