Loading...
HomeMy WebLinkAbout1977-12-20; City Council; 5238-1; Revision to Agreement with EIR Consultant for Japatul Business Center Specific Plan SP 180l,l I T Ut KLZ)BAU AGENDA BT!.L NO. 5238 SUPPLEMENT NO. 1 Dept. Hd. 77 DATE: DECEMBER '20, 1977 City Atty OF 11.5 DEPARTMENT: PLANNING City Mgr. SUBJECT: REVISION TO AGREEMENT WITH EIR CONSULTANT FOR JAPATUL BUSINESS CENTER SPECIFIC PLAN (SP-180) ST TEMENT OF THE MATTER On November 1, 1977 the City Council approved an agreement (Resolution No. 5248) with Urban Projects, Inc., for the preparation of an Environ- mental Impact Report for the Japatul Business Center Specific Plan (SP-180). In the haste to get this matter to the Council, the consul- tant did not have adequate time to review and comment on the proposed agreement. He has now requested some relatively minor changes to that agreement. Refer to the attached memo describing the changes acceptable to Staff. t , EXHIBITS Memo to Planning Director,.dated 12/ /77 Resolution No. _ f17 7 Resolution No. 5248 RECOMMENDATION i F � If the City Council concurs with the proposed changes, adopt Resolution No. S,2717. Council action 12-20-77 Resolution #5277 was adopted, rescinding Resolution #5248 and approving a new agreement between the City and Urban Projects, Inc. for consulting services,to provide an Environmental Impact Report on the Japatul Business Center- Apecific Plan (SP;180) FORM PLANNING 73 I RESOLUTION IO. 5248 2 A RESOLUTION bF THE CITY COUNCIL OF THE CITY OF-CARLSBAD, CALIFORNIA, APPROVING 3 AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND URBAN.,PROJECTS, INC., FOR CONSULTING 4 SERVICES TO 'PROVIDE AN ENVIRONMENTAL IMPACT REPORT ON THE JAPATUL BUSINESS CENTER SPECIFIC 5 PLAN. 6 The City Council of the City of Carlsbad, California, does 7 hereby resolve as follows: 8 1. That that certain agreement between the•City'of Carlsbad 9 and Urban Projects, Inc. for consulting services to provide an 10 Environmental Impact Report on the Japatul Business Center 11 '!Specific Plan, a copy of which is attached hereto marked Exhibit 12 '!'A" and made a part hereof, is hereby approved. i 13 2. That the Mayor of the City of Carlsbad is hereby autho- 14 ''rized and directed to execute said agreement for and on behalf of 1 =' 15 .the City of Carlsbad. 16 PASSED, APPROVED AND ADOPTED -at a regular meeting of the .. 17.'City Council of the City of Carlsbad, California, held on the ' 18 ;' 1st day of November _, 1977 by the.following vote, to wit: x 19,�'r AYES: Councilmen Lewis and Packard,•and Councilwoman Casler 'tgir 20 :x+ NOES:. Councilman Skotnicki i 21 ABSENT: None •• 22 ABSTAINED: Councilman Frazee? 23 l_ VE C. FRAZEE, May 24 RO ATTEST: 25 26 27 e�& tza"d D lGAI� T E. ADAMS, City Clerk 28 (SEAL) EXHIBIT "A" TO - RESOLUTION NO.5248 1 AGREEMENT 2 THIS AGREEMENT made and entered into this 1st day of ovember , 1977, Between the City of Carlsbad, a political sub- 4 division of the State of California, hereinafter referred to as t 5 the City and Urban Projects, Inc., hereinafter referred to as 6 the "Consultant": 7 WITNESSETH 8 WHEREAS, the�City has entered into an Agreement with 9 Japatul Corporation, hereinafter called the "Applicant", wherein 10 •the City agrees to provide an environmental impact report for the 11 proposed project identified as Japatul Business Center Specific 12 Plan, which lies iri the area west of El Camino Real between Kelly 13 Drive and Palomar Airport Road and more precisely shown on the, 14 plat attached hereto as Exhibit "A", and 15 WHEREAS, the Consultant has the qualifications to prepare the 16 required Environmental Impact Report; and 17 WHEREAS, the Consultant represents that neither he nor any 18 member of his staff has performed any work on the proposed project.' 19 •has no understanding with the applicant or any expectation of'• 20 working for the applicant in the future on said project and has " 21 not been employed by the applicant upon any project within two 22 (2) years last past; and 23 WHEREAS, it is understood that the Consultant shall be an 24 independent contractor of the City; 25 NOW, THEREFORE, in consideration of their mutual covenants 26 and conditions, the parties hereto agree as follows: 27 (l) DUTI$S OF THE CONSULTANT 28 a) The Consultant shall (1) make all required field 1 3 4 5 6 7 8 9 10 12 13 14' 15 16 17 18 19. 20 r -21 22 23 24 25 26 27 28 explorations•, -review, and tests; (2) make all required laboratory tests and anlysis; (3) appear and be pre- pared to answer questions and present testimony on the final Environmental Impact Report at two public hearings before the Planning Commission or the City,Council prior to the adoption of the report of each of such bodies; and (4) make all reports necessary to comply with the re- quirements of this Section., The consultant shall. submit five copies of a preliminary report to the Planning Director for staff review. The Preliminary Report shall be prepared in compliance with the Work Program attached hereto zs Exhibit "B"„ The consultant shall revise the Preliminary Report as requested by staff in order -to make it suitable for'draft EIR review. T.he'consultant shalt submit 30 copies plus a reproducible master of the draft-'EIR to the City.- (b) The Consultant shall attempt -to determine as, soon . as possible in his study of the area involved, itlirse:";" - factors•'which could severely inhibit or prohibit the'';" proposed project. If , it., appears that such factors .are present, *he shall so inform the Planning Director who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the costs if such adverse factors exist. (c) The City shall have primary responsibility for prep- aration of the final Environmental Impact Report incarp- orating into said report all comments made by interested �• citizens and agencies on the Draft Report. The City may 2 request technical assistance from the consultant in res- 3 ponding to comments on the draft EIR.. 4 (2) DUTIES OF THE CITY 5 (a) The City will make payment to the Consultant as 6 provided for in this agreement. ' 7 (b) The City will make available to the Consultant any $ document, studies, or other information in its possession 9 related to the proposed project. 10 (c) The City will review the PreliminaryReport P present- 11 ed by the Consultant within fourteen (14) working days of 12 their receipt and make written comments to the Consultant , 3 within this time period. ., 14 (d) 'The Cityshall ' provide the consultant^with copies of 1.5 all written comments received on the draft Environmental 16 Impact Report subsequent to public notice that the .draf t 17 Environmental Impact Report has been filed and is avail,- '$ able for public review.19, (3) TERMINATION OF AGREEMENT C 20 The City may terminate this agreement at any time -by 21 giving written notice to the Consultant of such termination and { 22 specifying the effective date thereof, at least fifteen (15) days 23 before the effective date of such termination. IIn that event, a.11 25 finished or unfinished documents and other materials prepared 26 pursuant to this agreement shall, at the option of the City, become its property. 27 (4) RELEASE OF INFORMATION BY CONSULTANT 28 Any reports, information or other data, prepared or .3 I 4 5 6 7 8 9 assembled by the Consultant under this agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. (5) PUBLICATION REPRODUCTION AND USE OF ENVIRONMENTAL IMPAC R PORT'S AND OTHER MATERIAL 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. 10 f 6) PAYMEN-T 11 The Consultant will•be paid a lump sum of 12 $22,500.00 dollars for work necessary to carry out•the 13 requirements of this agreement. The Consultant shall be paid 14 "sixty (60) percent of the above fee within fifteen (15) days' 15' after receipt of his invoice for the completion of the draft 16 Environmental Impact Report in accordance with Paragraph 1-a above 17',The Consultant will be paid the remaining forty (40) percent within' 18'ythirty days after receipt of his invoice, to be submitted after the certification of the Environmental Impact Report j�y the 20 ,final decision making body. 21 (7) TIME OF COMPLETION 22 Time is of the essence in carrying out the terms of this 23 agreement. It is understood that inclement weather conditions may 24 delay the completion of field work. The Consultant will be 26 allowed as may additional days as are necessary to compensate for 26 days lost due to inclement weather. The Consultant shall submit 27 to the City, five (5) copies of the Preliminary Environmental 28 Impact Report by January 13, 1978.-He shall submit to the City, .4 1 Thirty (30) copies of �he,draft Environmental Impact Report by 2 February 10, 1978. 3 (8) HOLD HARMLESS AND INSURANCE 4 The Consultant will idemnify the City against and hold 5 it harmless from all and any liability for damages on account of 6 injury to persons or damage to property resulting from or arising 7 out of or in any way connected with the negligent performance or 8 wilful misconduct by Consultant of the Agreement and reimburse the 9 City of all costs, expenses and loss incurred by it in consequent . 10 of any claims, demands and causes of action which may be brought 11 against it by a person other than the City arising out of the• 12 negligent, alleged negligent performance or wilful misconduct by 1 13 Consultant of this Agreement. It is'understood that this hold 14 'harmless provision shall not apply to any claims, demands, costs, 15 expenses (including costs of defense), liability, causes of action, 16 or judgement which occur by reason of the negligence, alleged 3.7 negligence, or wilful misconduct of the.City or the City',s agents, 18 .servants,. or other independent contractors who are directly. 19 responsible to the City.. The Consultants shall furnish the City 20 with a Certificate of an insurance with the limits of at least i 21 $100,000 for bodily injuries on each occurence. 22 XXX v 23 XXX 24' XXX ' 25 XXX 26 XXX 27 XXX 28 XXX .5 IN WITNESS WHER90F,,.the parties hereto have caused this 2 agreement to be executed as of the date and year first above written. 4 5 7 CONSULTANT CITY OF ARLSBAD 8 BY BY Rob6-r%l C. Frazee, yor 10 TITLE: '11 12 14 16 17 18 26 21 22 23 24 25 26 27 28 W-1 • 212-02 a CHANGES :� •:. (, �t =lK Q!Q nit•I Iw CUT © 1 •1• r�tc•ttr�r—__I ����� ..... .�.; •` ^ .• `'fit z� ,--•;+�_ _ t ! 1 to ;•.. t. _ . 0 %oIOSAOAC �- 1C ,S O 1 �� a •� .. ,+r ,.: G►N� \\.a� _ 1 .�."; . ..� 1 •�r as ..t 1 2ut I t t � � •1 i 10 MAP ' � I •� i• �~ '•A l�r ,• i r. '.rr. r•• � .._t ld�Y� ); �� T 1I••'.:,,� ' , � nwt� w �i • 1 1�1 1 1 ' �' .t ' '^i.Yi• I �" fit'• •• pl'T, ` �� pw'R ROS 023 Q AGUA Hip�C•IDA - PQ cOT F Sall 21[60 L::):T 112M. S liar It 212 ri 02 ` 1 • V j A. STUDY PLAN Program Description and Dasic Approach Urban Projects, Inc. and other team members propose to assume responsibility for preparation of a Draft and a Final EIR••for the y Center Specific Plan. We understand the complexitypofpched Japatul Business multi -agency review process which will be necessary. The requirements oFand e the law (CEQA as amended January 1, 1977, ,and Title 19 of the Carlsbad llumicipal Code) are also familiar to us. Our•basic approach to this assignment involves the following factors: • o Organization of a compact core team of senior professionals with .appropriate skills and experience to assure credibility; o' Commitlnent,of,a senior corporate officer as the working-roject manager to maintain quality and -timeliness of work` O Liaison with designated representatives of all P,esponsibla 'jencies to assure review and format consistencies; and o Presentation of reports in a manner,which facilitates public review and understanding. Roi•e5 of Contractor and Staff :We propose to act as project manager subject to overall review by the City's designated representative. Our -understanding of current staff workloads suggests ,that a minimum participation by City staff be programmed; However, if more staff is available, the work program can be -adjusted accordingly. Contractor Rile and Responsible-Agencies;i - .. *The importance of establishing and maintaining necessary coordination with .'the several Responsible Agencies requires a clear statement of the relation- ship between the City, the Contractor and the Agencies. ! We propose 'that the Ci ty's representative es tab; ish• a 1''st of 'Agency contact representatives for use by the Consultant Team. In addition. we request, that he participate -in the Agency Review Panel as refined in the section on Work Tasks. subsequent Work Tasks' The proposed work program will include the following tasks: , Task 1:, Program Organization An orientation meeting of the c,2re team and the City's representative wil'► define the work program and schedule.' A working memo describing these items will be published. Task 2: 'Data Review and Validation The applicant`s environmental analyses will be thoroughly reviewed by the core team for accuracy and completeness. Simultaneously, a search effort ��ill seek other background information relevant to the project. A vrork memo assessing status of the data and describing errors and/or omissions will be published. Task 3: Agency P,aview Panel nel Responsible �%gency'representatives, as designated by the City's representa- ' tive, will' be invited to meet with the core team to review format and 1 schedule; recommendations for processing of the Draft EIR. j A work inemo defining format and process schedule will be published. Task 4:. Development cif Draft Environmental impact Report . The Draft EIR will contai a brief summary of the Pro -posed osed nd its consequences in language sufficiently simple that the issues rcan cbeaunder- stood by the general public. The information contained in the Draft EIR will include summarized technical data, maps, plans,'diayrams, and similar,, relevant information sufficient to permit'fulI assessment of significa2t_' environmental impacts. Highly technical data and specialized analysis and - data will be included as appendices. .,The Draft EIR will follow a systematic, interdisciplinary approach. 'individ- uals with special expertise in given areas (e.g., traffic, service systems, etc.) will be Tully utilized. In addition, UPI can draw bn the expertise of individuals or organizations who work in technica) fields such as geology, archaeolog}i, and air quality. 'We have established close.ties with experts • in a variety of these specialized fields. The Draft EiR will discuss environmental effects in proportion to their severity and probability of occurrence. it will eontasn a statement brieFiy indicating the reasons for determining the various effects'of the project that could possibly be considered significant, were not found to be signi- ficant, and consequently were not discussed in detail in ,the EiR. -2- Task 5: Publication of Preliminary Draft EIR A complete preliminary draft_'report will -be delivered to the City for review and comment. Task 6: 'Publication of Draft EIR ' The'prelimina" draft will be revised to incorporate,City comments and published for delivery.: Task T: Pubilc_llearings and Response to Comments The core team will appear at two public hearings on the Draft EIR. (IP additional meetings are required by the City, a contract change order will be negotiated.) Following receipt of comments to the circulated Draft EIR, the City will deliver them to the Contractor for written response and inclusion in the Final EIR. Task 8:' Publication of Final EIR '. After completion of response to comments and City acceptance, the.Final RIR will be published and delivered to the City. Q. TECIM I CAL APPROACH ` As•implied in the previous section, our basic, approach to this assignment includes: o Recognition that substantial environmental data about the project has been prepared and is readily available for validation; .o Utilization of strong experience in large industrial/coirmerciat 'planned development projects; and o An unbiased perspective of the environmental situation. We have carefully reviewed the existing data and believe 'that much of it can be utilized for the draft EIR after screening and validation by the Consultant Team. The objective of our technical approach is the preparation of comprehensive but clear reporting of environmental impacts in a format which is readable and understandable by.all interested parties. C. SCHEDULE AN COSTS Program Schedule The team organization and work program•have been developed to permit an efficient and comprehensive -effort which cab produce the Draft Elk within eight to ten weeks. (This schedule presumes that no major data gaps, errors, or other need for primary'research will be necessary.) -A complete schedule, by work.task, is shown below: • Weeks Elapsed 0. t 4 8 12 Task 1: Program Orcanization t ' Task 2: Data Review E Validation[!t_ Task 3:, Agency Review Panel Meeting' i Task 4: Development of -Draft EIR Task 5: Publication of Preliminary Draft EIR Task 6-.:Publication pf Draft EIR Task 7:-Public.Hearings Task 8:•Publication of Final EIR ft Budget Requirements.and Fee Proposal . VIe•propose•to negotiate a fixed fee contract'based upon a finalized work prograd and "schedule. Current budget requirement for the proposed program ` Is`$22,500 This fee includes all costs for meeti'ngs.and publications described in'the following section. .Pro ram Products The work program will produce: o Work memos following Tasks 1 and 2 which describe refined work s tasks, schedule, and assessment + of.environmen.tal, data; ' o'' Preliminary Draft EIR for City review 00.copies); ' o Draft EIR (20 copies); and' o Final Ella (20 copies) • • • - -5- . D. PROGRAM MANAGEMENT � • Consistent with the basic philosophy of UP1, the management system for this work program'will focus on a tightly controlled process involvieiq key representatives of the City of Carlsbad•and the Consultant Team. We beli6e'.that the continued involvement and direct participation of such principals can expedite communication and avoid numerous minor problems . which are, endemic to more loosely organized programs. Therefor, UPI will base its management of the work program,effort upon the cormitment of . a senior principal of the fire who wi•1l also serve as prbject.mana The second major feature of the management approach involves written documentation of work status and progress. A series of regular Working _ Memos will be employed to assure full communication among all involved participants and to identify work program problems and their expected w resolution. Third, and most important feature of the management system, is a suggested . Review Panel. Said Panel would consist of the City's designated project liaison, the Consultant;Team fader, and representatives for the various "responsible agencies" staffs, as. appropriate. it is also suggested that . a representative from the applicant be made available to -the Pare) fdr A V x communicat ion. purposes. The.sum of these and other features of the proposed management system wiTT be a carefully organized and monitored work program which will efficient) and, effectively produce a useful environmental' document" which fulfif.ls •the• . statute requirements and the public purpose. , E. PERSONNEL Personnel Organization'Chart As described on the following page, the Consultant Team structure defines ? the organization of the assigned staff and the leadership responsibility. R. Dale Beland, A1A, AiP, will serve as project manager and corporate officer in charge. Ne will be assisted by A. Kay Beyer and Paul R. Secord as.project professionals. Mr. Rogers and Mr. Snow, senior officers of UPI and experienced commercial( industrial management and development consultants,will serve as. technical advisors to the Team. ' Basic subcontractors will include Psomas £. Associates, civil engineers, and JHK S Associates, transportation planners and engineers. Other special* expertise will be available as required from a group of specialists with whom -the Team has worked in past assignments. These have included: Dr. Hal Eberhardt - Archaeology Dr. James Hendrickson - Flora/Fauna •" `� I Dr. Ta-Liang Tpngr- Seismology , Dr. Raymond llurphv - Geology j Aerovironment lrnc. - Air Quality Manpower Allocation Summary '•- _ The proposed'work program will involve a.ievei OP efrort'estimated at ;w 4 25'man-days for preparation of the draft document and additional effort' -G:' based upon response to comments and ubi ,,• p is presentations. ' C"ni tment,of key personnel" to the workis-estimatedr' program 'as'fotiows: ' Beland - 50$ F Beyer - 90% r r Secord - 90% r Van Riper,- 30% Austin - ' 30% Support staff - as required . Logistics and Material UPI and other members of the Consultant Team are based in the Los Arrgeles . ..area.- l/e'currently serve clients within .the region of Ventura, Los Angeles„ �V -7- 1 • (\ . 5 PERSONNEL ORGAMIZATibN } Program Management R. Dale Beland, A.I.A., A.I.P. r Senior Vice President CORE TEA11 PSOMAS'& Associates Urban Projects, Inc. JHK & Associates Engineering Environmental Analysis Traffic Engineering Peter Van•Riper, CE M. Kay Beyer, Associate Terence W. Austin Vice President Paul R. Secord, Analyst Senior (associate • SPECIAL ADVISORS (as needed) Dr. Ilal Eberhardt Dr. James Nend'rickson i Dr. Ta-Liang Teng ' Dr. Raymond Murphy i et. al. 1, f Riverside, Orange, and San Diego Counties as well as more distak areas. We are accustomed to mobile, efficient work programs. Our offices in Westood•and Carson accommodate our staff•of 20 professional's : complete with all necessary support services. We anticipate•no difficulties in this implementation of the proposed•work program. • ••.•t`�'�: •',- h j.t l . ' ry. �...:, y�1,• f�. a �'' . 1 11 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING RESOLUTION NO. 5248 AND APPROVING A NEW AGREEMENT BETWEEN THE CITY OF CARLSBAD AND URBAN PROJECTS, INC. FOR CONSULTING SERVICES TO PROVIDE AN ENVIRONMENTAL IMPACT REPORT ON THE JAPATUL BUSINESS CENTER SPECIFIC PLAN (SP-180) WHEREAS, The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Urban Projects, Inc. for consulting services to provide an Environmental Impact Report on the Japatul Business Center Specific Plan, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby autho- rized and directed to execute said agreement for an on behalf of the City of Carlsbad. 3. That Resolution No. 5248 with attached agreement is hereby rescinded and replaced by this Resolution and agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 20th day of December, 1977 by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler NOES: None ABSENT: None ABSTAINED: f- ROBERT C. FRAZEE, Mayo ATTEST: MAF9A ,T E. DAMS, 0 t Cler -(SEAL) 1. 9 10 11 12 13 14 15 16 17 28 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" TO RESOLUTION NO. 5277 AGREEMENT THIS AGREEMENT made and entered into this 20thday of December 1977, between the City of Carlsbad, a political subdivision of the State of California, hereinafter referred to as the City and Urban Projects, Inc., hereinafter referred to as.the "Consultant": WHEREAS, the City has entered into an Agreement with Japatul Corporation, hereinafter called the "Applicant", wherein the City agrees to provide an Environmental. Impact Report for the proposed project identified as Japatul Business Center Specific Plan, which lies in the area west of E1 Camino Real between Kelly Drive and Palomar Airport Road and more precisely shown on the plat attached hereto as Exhibit "A", and WHEREAS, the Consultant has the qualifications to prepare the requird Environmental Impact Report; and WHEREAS, The Consultant represents that neither he nor his firm has performed any work on the proposed project, has no under- standing with the applicant or any expectation of working for the applicant in the future on said project and has not been employed by the applicant upon any project within two (2) years last past; and WHEREAS, it is understood that the Consultant shall be an independent contractor of the City; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 (1) DUTIES OF THE CONSULTANT a) The Consultant shall (1) make all required field explorations, review, and tests; (2) make all required laboratory tests and analysis; (3) appear and be pre- pared to answer questions and present testimony on the final Environmental Impact Report at two public hearing: before the Planning Commission or the City Council prio, to the adoption of the report of each of such bodies; and (4) make all reports necessary to comply with the requirements of this Section. The Consulfttint. g-ball �"`•= mit five vi a preliminary report to the Planning Director for staff review. The Preliminary Report sha.l; be prepared in compliance with the Work Program attache( hereto as Exhibit "B". The Consultant shall revise the Preliminary Report as requested by staff in order to l make it suitable for draft EIR review. The Consultant shall submit 30 copies plus a repro8•;:cible master of th( draft EIR to the City. (b) The Consultant shall attempt to determine as soon as possible in his study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, he shall so informthe Planning Director who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the costs if such adverse factors exist. (c) The City shall have primary responsibility for .2 1 2 3 4 5 ;N 8 . 9 1n' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 preparation of the final Environmental Impact Report incorporating into said report all comments made by interested citizens and agencies on the Draft Report. The City may request technical assistance from the Consultant in responding to comments on the draft EIR. (2) DUTIES OF THE CITY (a) The City will make payment to the Consultant as provided for in this agreement. (b) The City will make available to the Consultant any document, studies, or other information in its possess- ion related to the proposed project. (c) The City will review the Preliminary Report present ed by the Consultant within fourteen (14) working days i of their receipt and make written comments to the i Consultant within this time period. (d) The City shall provide the Consultant with copies of all written comments received on the draft Environ- mental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. (3) TERMINATION OF AGREEMENT The City may terminate this agreement at any time by giving written notice to the Consultant of such termination and specifying the effective da..e thereof, at least fifteen (15) days before the effective date of such termination. in that event, all finished or unfinished documents and other materials prepared pur- suant to this agreement shall, at the option of the City, become its property. .3 1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 �18 19 s0 21 22 23 24 25 26 27 28 In the event of termination, the City will pay Consul- tant for all work completed to the effective date of such termin- ation, based upon Consultant's regular hourly rates and cost of materials. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assembled by the Consultant under this agreement shall not be made available to any individual or organization by the Consultant with- out the prior written approval of the City. (5) PUBLICATION, REPRODUCTION AND USE OF ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIAL 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. (6) PAYMENT The Consultant will be paid a total sum of $22,500.00 dollars for work necessary to carry out the requirements of this agreement. The Consultant shall be paid thirty (30) percent of the above fee within fifteen (15) days after receipt of his invoice upon City acceptance of a progress report due within four (4) weeks of contract execution. The Consultant shall be paid an additional thirty 00) percent of the above fee within fifteen (15) days after receipt )f his invoice for the completion of the draft Environmental Impact Report in accordance with Paragraph 1-a above. The -Consultant shall be paid twenty (20) percent of the above fee within fifteen (15) days after receipt of his invoice upon sub- mission of the Final Environmental Impact Report to public hearing. The Consultant will be paid the remaining twenty (20)percent withir .4 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15', 161 17 ,18 19 20 21 221 23 24 25 26 27 28 t thirty (30) days after receipt of his invoice to be submitted after the certification of the Environmental Impact Report by the City Council. (7) 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 Consultant will be allowed as many additional days as are necessary to compensate for days lost due to inclement weather. The Consultant will also be allowed additional time for delays resulting from Applicant, interagency, and City actions or inactions which affect the Consultant's pro- gress. The Consultant shall submit to the City, five (5) copies of the Preliminary Environmental Impact Report within six (6) weeks of contract execution. He shall submit to the,City thirty (30) copies of the draft Rnvironmental Impact Report within two (2) weeks after receipt c.' City comments. (8) HOLD HARMLESS AND INSURANCE The Consultant will indemnify the City against and hold it harmless from all and any liability for damages on account of injury to persons or damage to property resulting from or arising out of or in any way connected with the negligent performance or willful misconduct by Consultant of the Agreement and reimburse the City of all costs, expenses and loss incurred by it in con" sequent of any claims, demands and causes of action which may be brought against it by a person other than the City arising out of the negligent, alleged negligent performance or willful misconduct by Consultant of this Agreement. It is understood that this hold .5 1 2 3 4 5 6 7, 8 9 10 11 12 13 i 14 15, 16 17 1.8 19 20 21 22 23 24 25 26 27 28 harmless provision shall not apply to any claims, demands, costs, expenses (including costs of defense), liability, causes of action, or judgement which occur by reason of the negligence, alleged negligence, or willful misconduct of the City or the City's agents, servants, or other independent contractors who are directly res- ponsible to the City. The Consultants shall furnish the City with a Certificate of an insurance with the litaits of at least $100,000 for bodily injuries on each occurence. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date and year first above written. CONSULT CITY 0 CARLSBAD BY BY , wi_, Robert C. Fraze , Mayor t TITLE • L �UAV AMV .6 212-02 !+ M���++r •� ...1 Y.* CHANGES ' • t" ✓.t•�• ti� '• / aX[C:U hit'l,ln•CUI 0. •. � • e .j•t'�•�. �. '!. •` i Si�� �� r ..:,..I.N •: 7:ie lr:la!�r: �J�1 r .,1 ♦.f[r•Yr.Y w•{'r!YYi%Ir.q ' :b L};• •••• �...:_:-� r Iw.•[,,V%r y��...__._ 4.` 'jaP. �•7 r'+FC! ..•^•ftr .,r.• 1 ..:._..� , •tit i �' .`^ rr ' r^:. r. N I � —.. i r� � 2! 7 •r • by .••a-.•••• ��'•>�y2•+. "' •".� S ��� {_�y`i •� -tom ! w +! 29 ' ' �,_ ,/': -• •:� �__L:,' i , fit i f •� � C Wt it ... , y. , ' •�}�?�li Ay.4�``Y+\!,`,• ...• ttU CI't. fl.11 J►:At. ��t Goy HAP 823 - P.i3O AGU4 KEDIUMA - PC3 LOT F POS 6285,7933 ss► 0[tGts:Rss:�'sw It in fs 02 �� y A. STUDY PLAN Program Description and Basic Approach '• Urban Projects, Inc and other team members propose to assume responsibiIi,t `• for preparation of a Draft and a Final EIR"•for the proposed Japatul Business Center Specific Plan. We understand the complexity of the ro' multi -agency revie.,r process which %,rill be necessary-p Ject and the the law (CEQA as amended January 1, i977, and Titlel9The requirements of Municipal Code) are also familiar to us.the Carlsbad Our basic approach to this ass* nm� 9 ant involves the following factors: o Organization of a compact core team of senior professionals with. .appropriate skills and experience to assure credibility; o' Commitment of a senior corporate officer as the working project manager to maintain qualify and timeliness of %cork; o Liaison with designated representatives of all Responsien ' r to assure reviewble Agencies and format consistencies; and g cies s o Presentation of reports in a manner which and understanding_ facilitates public review i Roles of Contractor and S t ! taff . - 11e propose to act as project manager subject to overall review by the Ci r ' designated representative. suggests .that a Our.understanding of current staff wor[cloadsty s minimum participation by City staff be programmed. 'if more. staff is available, the work program can'be. However,, adjusted accordingly` • ContractorR Role and esponsibie ' 'Agencies The importance of est,ablisO ng and maintaining necessary coordination W` th• 'the several Responsible Agencies requires a clear statement of the r l + ship between the City, the Contractor and the Agencies. elation-. { Vle propose -that the C i ty''s represen tat r ve es tab l i sh• a 1"i s t o f 'Agency contact representatives for use b that he particiwe request pate in the Agency y the nReview tPanel Te,.asldefilnedrfn�the subsequent section on Work Tasks. rf ` - Work Tasks* - The proposed work program wiII include the foilo:-jing tasks: Task t:• Program Organization An orientation meeting of the core team and the City's representative will define the work program and schedule. A working memo describing these items will be published. Task 2: 'Data Review and Validation - . The*appl icant'.s environmental analyses trill be thoroughly reviewed by the: core team for accuracy and completeness. Simultaneously, a search effort will seek other` background information relevant to the project_ A work memo assessing status of the data and describing errors and/or omissions will be published. Task 3: Agency Review -Panel Meetinq Responsible Agency representatives, as designated by the City's representa= tive', will'be invited to meet with the core team to review format and schedule recommendations for processing of the Draft EiR. { A work memo defining format and process schedule will be published. Task 4: • Deveiopment of Draft Environmental Impact Report The Draft'EIR trill contain a brief summary of the prczoosed project and its consequences in language sufficiently simple that the issues can be under• - stood by the general public. The*information contained in the Draft EIR f • wi ll include summarized technical data maps, • p plans, *diagrams, and siiai]ar. relevant information sufficient to permit -full assessment of significant n rronmenta impacts. Highly technical data and specialized analysis and d ata will be included as appendices. The Draft EIR will follow a systematic, interdisciplinary approach. ]ndivid- uais with special expertise in given areas (e.g.; trafFic, service systems, r'- etc.) will.be• fully utilized. In addition, UPi. can draw on Lhe expertise ' ' of individuals or organizations who work in technical Fields such as geology, archaeology, and air quality. 'Ile have established close -ties with experts • in a variety of these specialized fields. The Draft EiR will discuss environmental effects in proportion to their severity and probability of occurrence. It will contain a statement briefly indicating the reasons for determining the various effects of the project that could possibly be considered significant, were not found to be signi- ficant, ti and consequently were not discussed in detail in ,the EIR. r , Task S: Publication of Preliminary Draft EIR A complete preliminary .draf[-'report•wi1.1•be delivered to the City for review and comment. Task 6: 'Publication of Draft EIR The preliminary draft will be revised to incorporate,City comments and published for delivery,. Task 7: Public Hearings and'Respontd to Comments The core team will appear at iwo public hearings on the Draft EIR. (if '•additional meetings are required by the City, a contract change order will be negotiated.) ' Following receipt of coh.ments'to the circulated Draft EIR, the City will deliver them to the Contractor for written response and inclusion in the Final EIR. Task 8: Publication of Final EIR After completion of response to comments and City acceptance,, the.Final EIR will be published and delivered to the City_ • . -w Z F Q. TECHNICAL APPROACH As -implied in the previous section, our basic approach to this assignment ircludes: o Recognition that'substantial environmental data about the project has been prepared and is readily available for validation; .o Utilization of strong experience in large industrial /commerci at planned development projects; and o An -unbiased perspective of the environmental situation_ ' We have carefully reviewed the existing data and believe that much of it can be utilized for the draft E1R after screening and validation by the - Consultant Team. The objective of our technical approach i,,, %h:, preparation of comprehensive but clear reporting of environmental impacts in a format which is readable and understandable by -all interested parties. C. SCHEDULE AND COSTS Program Schedule The team organization and work program••have'been developed to permit an efficient and camp rehensive.effor t which car produce the Draft EIR within eight to ten weeks. (This schedule presumes that no.major data gaps, errors, or other need for primary research will be necessary.) A complete schedule, by work.task, is shown below: • Weeks Elapsed ' 0. 4 8 12 Task 1: Program Organization. Task 2: Data Review b Validation I Task 3: Agency Review Panel fleeting i Task 4: Development of'Draft EIR Task 5: Publication of Preliminary Draft EIR Task 6: Publication bf Draft•E1R Task 7:•Pub Iic,Hearings Task 8:'Pub,lication of Final EIR Budget Requirements and Fee Proposal I We propose to negotiate.a fixed fee contract,based upon a finalized work ,prograd and schedule. Current budget requirement for the proposed program is $22,500. This fee includes all costs for meeti'ngs,and publications described in the following section. -Program Products r The work program will produce: • o Work'memos following Tasks 1 and 2 which describe refined work i tasks, schedule, and assessment' of,environmental data; o''* Preliminary Draft Elk for City review (10•copies); o Draft EIR (20 copies); and o Final Elq (20 copies). - ff 0. PROGRAM MANAGEMENT Consistent with the basic philosophy oVUPI, the management system for this " work program will focus on a tightly controlled process involving key representatives of the City of Carlsbad and the Consultant Team. - We believe�.that the continued involvement and direct participation of such .principals can expedite communication and avoid numerous minor problems which are endemic to more loosely organized programs_ Therefore, UPI will base its management of the work program,effort upon the cocxnitment of a senior principal of the firm who will, also serve as prbjecCnanager. The second major featul-e of the management approach i nvolvL's Written documentation of work status and progress. A series of regulartdorking 'Memos will be.employed to assure full communication among all involved participants and to identify work program problems and their'expected resolution. - Third, and most important feature of the management system, is a suggested -Review Panel. Said Panel would consist of the City's designated project liaison, the Consultant'Team leader, and representatives for the various "responsible, agencies" staffs, as appropriate. It is also suggested that a representative from the applicant be made available to the Parel for communication. pueposes. ' The sum of these and other features of the proposed management system wlII i be a carefully organized and monitored work program which will efficiently•' and effectively produce a useful environmental document which fulfills the statute requirements and the public purpose. C E. PERSONNEL t'• Personnel Orctanization Chart As described on the Following page, the Consultant Team structure defines the organization of the assigned staff and the leadership responsibility. R. Dale Deland, AIA, AIP, will serve as project manager and corporate . officer in charge. He will be assisted by A; Kay 0eyer and Paul R. Seeord - Ps project professionals. • Hr. Rogers and Mr. Snow, senior officers of UPI and experienced commercial/ industrial management and development consultants,will serve as technical _ advisors to the Team. Basic subcontractors will include Psomas• S Associates, civil engineers, and JHK S Associates, transportation planners and engineers. Other spacial' expertise will be available as required from a group of specialists with whom -the Team has worked in past assignments. _ These*have included: _ • Dr.;Hal Eberhardt - Archaeology ' Dr: James Hendrickson - Flora/Fauna Dr. Ta-Liang Tong.- Seismology » Dr. Raymond Murphy - Geology Aerovironment Inc. - Air Quality Manpower Allocation Summary •, .The proposed'work program will involve a.level of effor"t'estimated.at i ••125'man-days for preparation of the draft document and additional effort .based upon response to comments and public presentations. ): ' . Commitment of key personnel' to the work piogram,is•estimated as follows:• Deland - 50$ , Beyer - 90$ , • • . _ Secord • Van Riper,- 30% Austin - ' 30% Support staff - as required Logistics and Material UPI arid other members of the Consultant Team arc based in the Los Angeles area, Ite'currently serve clients within the region of Ventura, Los Angeles, -7- . _'A PERSONNEL ORGAHIZi i l'urf Program Management R. Dale Deland, A.I.A., A.1:P. Senior Vice President ; CORE TEAK - PSOMAS'& Associates Urban Projects, Inc. JHK b Associates -Engineering Environmental Analysis Traffic Engineering Peter Van Riper, CE M. Kay Beyer, Associate Terence W. Austin ' Vice President Paul-R. Secord, Analyst Senior Associate SPECIAL ADVISORS (as needed) Dr,. Hal Eberhardt D'r. James Hendrickson Dr. Ta-Liang Teng Dr. Raymond Murphy Riverside, Orange, and San Diego Counties as •tell as more distant areas_ We are accustomed to mobi-le, efficient work programs. Our offices in l•/estood•and Carson accorurodate our staff,of 20 professionals complete with all necessary support services. ' Ve antieipate,no difficulties in this implementation of the proposed, work program. MEMORANDUM December 8, 1977 TO: JAMES C. HAGAMAN, PLANNING DIRECTOR FROM: MICHAEL C. ZANDER, ASSOCIATE PLANNER SUBJECT: PROPOSED CHANGES TO AGREEMENT WITH URBAN PROJECTS, INC. The following is an itemized list of those changes proposed by Urban Projects, Inc., that I feel are acceptable. i have drafted a revised agreement incor- porating these changes. If you also find them acceptable, we'll need to take them back to the City Council for adoption. I. CHANGE: Line 17 of the first page of the agreement was changed from "Whereas, the Consultant represents that neither he nor any member of his staff .. " -to read as "Whereas, the Consultant represents that neither he nor his fire ..." EXPLANATION: This revised wording conforms to the RFP for this project. 2. CHANGE: Paragraph (3) on page 3 was modified by adding the following: "In the event of termination, the City will pay Consultant for t all work completed to the effective date of such termination, based upon Consultant's regular hourly rates and cost of materials." I EXPLANATION: This is a standard protective clause for the Consultan+ ! That was not included in the original agreement. 3. CHANGE: Paragraph (6) on page 4 was modified to split the original agreements payment of sixty (60) percent of the fee and forty (40) percent of the fee into two thirty(30) percent payments and two twenty (20) percent payments respectively. EXPLANATION: This change provides better cash flow to the Consultant while still protecting the City's interest., 4. CHANGE: Paragraph (7) on page 4 was modified to allow additional time for completion to the Consultant for possible delays beyond the control of 1 the Consultant. The original agreement only provided for delays due to inclement weather. EXPLANATION: This is a protective clause for the Consultant. 5. CHANGE: Paragraph (7) on page 4 was also modified to set deadlines for the submittal of documents based on number of weeks after execution of the agreement rather than the specific dates established in the original agreement. r' EXPLANATION: The specific dates set in the original agreement were based on number of weeks after adoption of the agreement by the Council. For instance, the date set for submittal of the preliminary EIR was January 13, 1978, ten weeks after Council adoption. This timing did not cover review and execution time for the Consultant. The new deadline as proposed would require submittal of the preliminary EIR by January 31, 1978, or six (6) weeks after execution of the new agreement by both parties. 6. 1 should also note that I had previously modified, with the Consultant's con- sent, the required number of documents established in the RFP. The RFP stated we would need ten (10) copies of Preliminary EIR and twenty (20) copies of the Draft EIR. This was an oversight in the RFP since we usually require only five (5) copies of the Preliminary EIR and thirty (30) copies of the Draft EIR. That is how the existing agreement was adopted and I don't propose any change in the new agreement. MCZ:nm I