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DEPT. PLN
Cl . OF.CARLSBAD-AGENl . BILL
TITLE: AMENDMENT TO CONTRACT -SCRIPPS EIR
RECOMMENDED ACTION:
DEPT.HD.~
CITYATT@_
CITYMGR. ~
That the City Council APPROVE the revised contract for the
preparation of the Subsequent Environmental Impact Report for
Scripps Memorial Hospital. The applicant supports the revision,
as it may help solve some of the traffic concerns, and has agreed
to pay the additional costs. R. £._~oLu T/fJ,.) ,...;o. (?9..sy.
ITEM EXPLANATION
The Planning Department has received a request for a General Plan
Amendment, Zone Change, and Site Development Plan for
approximately 70 acres which would be used for the development of
a hospital and auxiliary uses. The project site is located at
the southeast corner of Palomar Airport Road and the proposed
Melrose Avenue.
The subject property received prior environmental review in 1980
when the Rancho Carrillo Master Plan was done. Due to the
controversial nature and magnitude of the proposed hospital,
staff requested the applicant submit a Subsequent EIR. During
the preparation of this report, extensive traffic concerns arose
which need to be addressed prior to review of a site development
plan for the hospital. The traffic concerns are such that more
elaborate or unusual mitigation measures may be called for which
were not anticipated during the original contract negotiation.
The consultant recently received new traffic figures from SANDAG
and is ready to begin a revised traffic analysis pending approval
of a revised EIR contract. The consultant's estimated budget for
the supplemental work is $7,760. Staff believes the increase to
be reasonable and the applicant has indicated this figure is
acceptable.
Due to the amount of work which the consultant has already done,
he has requested a 25 percent installment payment to offset the
extended schedule now anticipated to complete the Draft EIR.
Staff believes this is acceptable since the remaining 15% plus
$7,760 will not be paid until completion of the Final EIR.
The additional grading analysis, to be prepared by Rick
Engineering (see letter dated December 19, 1986), will be
contracted directly by Scripps, and is not a part of this
agreement.
In summary, the total amount of the contract would be increased
from $17,450.00 to $25,210.00 and the payment schedule would be
altered slightly.
Page 2 of Agenda Bill No.
ENVIRONMENTAL REVIEW
No environmental review is necessary.
FISCAL IMPACT
Some additional staff time will be needed to process the revised
traffic section.
Total consultant cost of $25,210 has been paid to City by applicant.
EXHIBITS
1. City Council Resolution No. J:~~J:
2. Amended Agreement with attachments
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RESOLUTION NO. 8958
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE AMENDED AGREEMENT
FOR PREPARATION OF SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT/SCRIPPS MEMORIAL HOSPITAL.
WHEREAS, the City Council has determined that it is
desirable and necessary to amend the agreement for preparation
of the Subsequent Environmental Impact Report for Scripps
Hemorial Hospital, to address additional traffic and
environmental concerns.
WHEREAS, the applicant supports the revision to the
contract and has agreed to pay the additional costs.
NOW, THEREFORE; BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council authorizes the Mayor to
execute the amended agreement, revising the contract amount from
$17,450.00 to $25,210.00.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
3rd day of February , 1987, by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Marnaux
NOES: None
ABSENT: None
ATTEST:
t!tLX4-~· t29M ~ ALETHA L. RAU~NKRANZ, City Clerf
(SEAL)
AMENDED AGREEMENT
SCRIPPS DRAFT EIR
THIS AGREEMENT, made and entered into as of the
day of ---------------------, 1987, by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as
"City", and ENVIRONMENTAL PERSPECTIVES, hereinafter referred to
as "Consultant", shall serve to amend the previous contract dated
April 22, 19~6, attached hereto.
All provisions of the original contract shall remain in
effect, except that said contract shall be amended to include
additional traffic and environmental analysis detailed in
letter dated December 19, 1986, and December 23, 1986, attached
hereto. The original contract amount of $17,450.00 shall be
amended by the additions of $7,760.00. The maximum fees
payable under this contract shall be ~25,210.00.
II
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal
the State
Mayor
By ====~~==-----------------------CONSULTANT
ATTEST:
APPROVED AS TO FORM:
APPROVED AS TO FORN!t'J E F. BIONDO, JR., CITY ATTORNEY v-~ Q. ~{_ Q.<.fcff..
VINCENT F. BIONDO
City Attorney
BY
RONALD R. BALL
AGREEMENT
THIS AGREEMENT is made this 22 day of April , 1986,
between the CITY OF CARLSBAD, a municipal corporation of the
State of California, hereinafter referred to as CITY, and
ENVIRONMENTAL PERSPECTIVES hereinafter referred to as
CONSULTANT.
RECITALS
SCRIPPS
WHEREAS,
HOSPITAL
the CITY, has entered into an agreement with
hereinafter called the applicant, wherein the
CITY agrees to prepare a subsequent Environmental Impact Report
for the proposed project identified as a general hospital on 70.6
acres, which is located at the southeast corner of the
intersection of Palomar Airport Road and proposed Melrose Avenue
and more precisely shown on the plat marked Exhibit "1", attached
hereto and made a part hereof: and
WHEREAS, the CONSULTANT has the qualifications to pre-
pare the required Environmental Impact Report; and
WHEREAS, it is understood that the CONSULTANT shall be
an independent contractor of the CITY;
NOW, THEREFORE, in consideration of their mutual cove-
nants and conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
CONSULTANT shall prepare an Environmental Impact Report for
the subject project in accord with the California Environ-
mental Quality Act as implemented by the State Guidelines
and by CITY in Title 19 of the Carlsbad Municipal Code and
its implementing resolutions. In
obligation the CONSULTANT'S duties
following:
carrying out this
shall include the
I
(a) The CONSULTANT shall (1) make all necessary and
required field explorations, review and tests; (2)
make all necessary and required laboratory tests
and analysis; (3) appear and be prepared to answer
questions and prepare testimony on the final
Environmental Impact Report at all public hearings
before the Planning Commission and the City Council
prior to the certification of the report; (4) make
all reports necessary to comply with the require-
ments of this section. Before preparing the draft
report, the CONSULTANT shall submit five copies of
a preliminary report (screen check EIR) to the
Planning Director for staff review. The CONSULTANT
shall revise the preliminary report as requested by
staff in order to make it suitable for draft EIR
review.
(b) CONSULTANT shall prepare a draft report in compli-
ance with the Work Program contained in Attachment
"2" on file at the Planning Department (unless
otherwise stated in this agreement), attached
hereto and made a part hereof and with applicable
state law and city ordinances. The CONSULTANT
shall submit to CITY fifty copies (in 3 ring
binders) plus a reproducible master of the draft
EIR to the CITY.
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(c)' 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 fac-
tors are present, he shall so inform the Planning
Director who in turn will discuss with the
applicant the
report. The
feasibility of continuing with the
objective of this subsection of the
agreement is to minimize the cost if these adverse
factors exist.
(d) CONSULTANT shall prepare and file with the CITY
written responses to all comments received subse-
quent to public notice that the draft Environmental
Impact Report has been filed. CONSULTANT shall
also prepare any response necessary to matters
raised at the public hearings. The written
responses shall be prepared in a form that will
permit the responses to be incorporated into the
final Environmental Impact Report.
(2) DUTIES OF THE CITY
(a) The CITY will make payment to the CONSULTANT as pro-
vided for in this agreement.
(b) The CITY will make available to the CONSULTANT any
documents, studies, or other information in its
possession related to the proposed project.
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(c) The CITY will review the Preliminary Report presented
by the CONSULTANT within fourteen working days of their
receipt and make written comments to the CONSULTANT
within that 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 date thereof, at least fifteen days
prior to the effective date of the termination. In 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 CONSULTANT the
reasonable value of the services completed to the date of
notice of termination.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports,
bled by the
information or other data, prepared or assem-
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.
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(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON-
MENTAL IMPACT REPORTS AND OTHER MATERIALS
All documents and materials prepared pursuant to this agree-
ment 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.
(6) PAYMENT
The CONSULTANT will be paid a maximum of $17,450.00 dollars
for all work necessary to carry out the requirements of this
agreement. Actual payment shall be based on the cost of the
report based on the costs as set forth in Attachment 2 on
file at the Land Use Planning Office. The CONSULTANT shall
be paid sixty percent of the compensable services completed
within 15 days after receipt of his invoice for the
completion of the draft Environmental Impact Report in
accordance with Paragraph 1 above. The CONSULTANT will be
paid twenty-five percent upon acceptance by the CITY of the
response to comments from the CONSULTANT, the final fifteen
percent will be paid not to exceed the maximum amount
provided in this agreement within thirty days after receipt
of invoice, to be submitted after the certification of the
Environmental Impact Report by the City Council.
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fo
(7) TIME OF COMPLETION
Time is of
agreement.
the
It
essence in carrying out the terms of this
is understood that inclement weather con-
ditions 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 shall submit to the CITY five
copies of the Preliminary Environmental Impact Report within
six weeks of the signing of this agreement by both concerned
parties. The CONSULTANT 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.
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agree-
ment is in the sum of $17,450.00 which amount is estimated
to be sufficient to compensate the CONSULTANT for all
services performed hereunder during the terms of this agree-
ment. In the event at any time it appears to the CONSULTANT
that said sum may not be sufficient, he shall immediately so
notify the Planning Director. He will not perform any work
or incur any obligation beyond said sum of $17,450.00
without appropriate amendment to this agreement.
(9) CHANGES IN WORK
If, in the course of this contract, changes seem merited by
the CONSULTANT or the CITY and informal consultations indi-
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II
cate that a change in the conditions of the contract is war-
ranted, the CONSULTANT or the CITY may request a change in
the contract. Such changes shall be processed by the CITY
in the following manner. A letter outlining the required
changes shall be forwarded to the CITY or CONSULTANT 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 Council. Such supplemental agreement shall not render
ineffective or invalid unaffected portions of the agreement.
Changes requiring immediate action by the CONSULTANT or the
CITY shall be ordered by the Planning Director who will
inform a principal of the CONSULTANT'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.
(10) HOLD HARMLESS
The CONSULTANT will indemnify the CITY against and hold it
harmless from all and any cost, expense, or liability for
damages on account of injury or death to persons or damage
to property resulting from or arising out of or in any way
connected with the performance by CONSULTANT of this agree-
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ment, including the defense of any action arising therefrom.
CONSULTANT will reimburse the CITY for all costs, expenses
and losses incurred by it in consequence of any claims, de-
mands and causes of action which may be brought against it
by a person arising out of the performance by CONSULTANT of
this agreement.
(11) MAINTAIN INSURANCE
CONSULTANT shall, at all times that this agreement is in
effect or the premises are occupied by CONSULTANT, cause to
be maintained in force and effect an insurance policy or
policies which will insure and indemnify both CITY and
CONSULTANT against liability or financial loss resulting
from injuries occurring to persons or property in or about
the premises or occurring as a result of any acts or
activity of CONSULTANT. The liability under such insurance
policy shall be not less than $100,000 for any one person
injured or $300,000 for any one accident and $50,000 for
property damage. The policy shall be written by a
responsible company or companies to be approved by CITY, and
shall be .noncancelable except on ten days written notice to
CITY. such policy shall name CITY as co-insured and a copy
of such policy shall be filed with the CITY.
(12) INDEPENDENT CONTRACTOR
CONSULTANT in accordance with his status as an independent
contractor, covenants and agrees that he will conduct him-
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self consistent with such status, that he will neither hold
himself out as nor claim to be an officer or employee of the
CITY by reason hereof, and that he will not by reason
hereof, make any claim, demand, or application to or for any
right or privilege applicable to an officer or employee of
the CITY including, but not limited to, workmen's compensa-
tion coverage, unemployment insurance benefits, social se-
curity coverage, or retirement membership credit.
(13) ASSIGNMENT OF CONTRACT
CONSULTANT shall not assign this contract or any part there-
of or any monies due or to become due thereunder without the
prior written consent of the CITY.
(14) SUBCONTRACTING
If the CONSULTANT shall subcontract any of the work to be
performed under this contract by CONSULTANT, the CONSULTANT
shall be fully responsible to the CITY for the acts and
omissions of its subcontractor and of the persons either
directly or indirectly employed by its subcontractor, as it
is for the acts and omissions of persons directly employed
by it. Nothing contained in this contract shall create any
contractual relationship between any subcontractor of
CONSULTANT and the CITY. The CONSULTANT shall bind every
subcontractor and every subcontractor of a 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.
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(15) 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 approv-
ing any architectural, engineering, inspection, construc-
tion, or material supply contract or subcontract in connec-
tion with the construction of the project, shall become di-
rectly 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 func-
tions in connection with the performance of this contract
shall become directly or indirectly interested personally in
this contract or any part thereof.
(16) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent
or employee of the CITY, either before, during or after the
execution of this contract, shall affect or modify any of
the terms
agreement
additional
contract.
or obligations herein contained, nor such verbal
or conversation entitle the CONSULTANT to any
payment whatsoever under the terms of this
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
ATTEST:
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By
By
CONSULTANT tl
ALETHA RAUTENKRANZ, City Clerk
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SCRIPPS MEMORIAL HOSPITAL EIR 86-3
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F....... Environmental
_T_.~ _____________ r_e_rsRectives
Keeton K. Kreitzer, Principal
December 19, 1986
Ms. Adrienne Landers
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
Dear Adrienne:
Environmental Planning · Governmental Relations
I have spoken to Wes Pringle this morning and have deter-
mined the extent of the additional traffic and environmental
analyses which must be undertaken to complete the Draft EIR
for the Scripps Hospital project.
Wes has reviewed the updated SANDAG traffic information and
determined that he must revise the traffic impact analysis
he prepare in October as well as undertake more extensive
mitigation analysis as we had discussed at our meeting on
November 17. Based on his understanding of the level of
detail to be provided, he has indicated that his fees will
be $4,800, not including attendance at public hearings.
Fees for his attendance at public hearings will be billed on
a time and materials basis at his hourly billing rates.
In addition to the fee reflected above, I shall require
additional time to revise the traffic analysis in the Draft
EIR. Based on what Wes has indicated, the traffic mitiga-
tion analysis will require supplemental engineering analysis
because some of the measures may necessitate altering the
proposed grading concept. In order to ensure that the Draft
EIR reflects an accurate assessment of the grading/landform
alteration and visual implications of any of these alter-
natives, it will be necessary that the engineer (i.e., Rick
Eng i neec i ng) provide earthwork calculations and cross sec-
tions (conceptual). Once the engineering assessment has
been completed, I will be able to complete the revisions to
the Draft EIR. I anticipate this work should not exceed
$2,000. It must be understood that the fees required by
Rick Engineering to prepare the grading analysis are not
included in either my or Wes Pringle's fees. Thus the esti-
mated budget for the supplemental work is $6,800.
a _ ,-._l!t _____ !_ n.f"'l...,.n....,. 1..,1A\ ~A'J r:r:'l'l I 1
Ms. Adcienne Landecs
City of Caclsbad
Decembec 19, 1986
Page Two
Wes can begin working on the suppl em en ta 1 tcaf f i c analysis
immediately upon execution of the contcact extension. Be-
cause it will necessitate additional engineecing wock to be
pecfocmed by Rick Engineecing (i.e., tcaffic mitigation
altecnatives), it is difficult to establish a definitive
schedule. Once Wes completes his wock and Rick Engineecing
knows what must be done and in what time fcame, I can pro-
vide you with a completion date.
Based on our earlier conversation, my understanding is that
the contract ex tens ion and the previous billing which I
submitted to you will be approved at the same time. Once
approved, payment of my outstanding bill will be made.
If you have any questions or require additional information
or refinement of the additional work to be completed, please
call me at your earliest convenience.
Very sincerely,
ENVIRONMENTAL PERSPECTIVES
Keeton K. Kreitzer
Principal
KKK:rjr'
cc: Weston Pringle and Associates
/l
F.--. Environmental
---=T::....___--' _____________ B_e_rsgectives
Keeton K. Kreitzer, Principal
Decembec 23, 1986
Ms. Adcienne Landecs
City of Caclsbad
Planning Depactment
2075 Las Palmas Dcive
Caclsbad, CA 92008
Deac Adcienne:
Environmental Planning · Governmental Relations
As a follow-up to my letter of December 19, 1986 which pce-
sented you with a cost estimate to complete the additional
traffic and environmental analysis cequired foe the proposed
Scripps Hospital project, I am supplementing that proposal
with the fees you requested foe attendance at public hear-
ings foe the traffic engineer, Wes Pringle.
Based on his houcly rate of $80.00/houc and assuming fouc
hours per hearing (including travel), Wes has estimated a
fee of $320.00 per public hearing. As we discussed today,
the three hearings anticipated (i.e. , one each befoce the
City Planning Commission and City Council and a "contin-
gency" heacing) will necessitate an additional allocation of
$960.00. As a result, the budget foe Wes Pringle will be
$5,760.00 and the total budget foe the supplemental envicon-
mental documentation will be increased to $7,760.00. It
should be understood, however, that any additional hearings
beyond t:he three identified above will necessitate a supple-
ment/extension to the contract be negotiated both foe Wes
Pringle and me.
Should you have any additional questions or need clacifi-
cation on the contcact extension foe the Scripps Hospital,
please do not hesitate to call.
Have a very Merry Christmas.
Sincerely,
ENVIRONMENTAL PERSPECTIVES
Keeton K. Kreitzer
Principal
KKK:rjr
cc: Wes Pcingle
Pncf ()ffiro Rnv flhJl '\;mf::t An::t l::tlifornia Q2701 (714) 543-5532 ./o
CITY OF CARLSBAD
1200 ELM 1-\IJENUE CARLSBAD, CALIFvreNIA 92008
438-5621
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