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HomeMy WebLinkAbout1987-02-03; City Council; 8878; Amendment to Contract-Scripps EIR0 UJ > 0 0::: a.. a.. <( z 0 i= 0 <C ...J 0 z :::) 0 0 AB# '??7/?': MTG. 2/3/87 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 ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 24 25 26 27 I 28 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. -2- (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. -3- 7 (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. -4- (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. -5- 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- -6- 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- -7- I i 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- -8- I l 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. -9- (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 -10- 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 -11- -.---......... --PM PALOMAR Co. EXHIBIT 1 VICINITY MAP I PC . ·--.. ,.. ---~,_.,, / ' 1 PM t I Co. I I PC SITE C-2 PC CT 85-33 1---------·------- ~----_;:;sop __ a_~~1~-----~ ZC-339 1-------------t MP 139(C) SCRIPPS MEMORIAL HOSPITAL EIR 86-3 [3 INDUSTRIAL 13 COUNTY 8 COMMERCIAL ,_PC I PLNN:D COMMUNITY 0 D 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 REC'DFROM {~_;_}_r_·_t_<_1 '-'~ __ f, __ •~ __ r;_,_-~1/ _______________________ DATE ____ I~-~~-[~)_-_f3 ___ -_?_ I ACCOUNT NO. DESCRIPTION AMOUNT . ....... ... -· . . .. : .. I /_(~ r) -.. , f f=-Cil5~(./ ./lr; J ,-<C;; ; ./(_/ I ' r'" I -t) L r L (7 -_) 8 0 17((~ ( I (J ~n"H--....... ()!/I 0 ( / I "c /'I ( ) 'r,;? ,-1 ,;:- ~~~"'"'<?~ , /r~/ ( 1~L-J.-"' ,r.(__/ I) ; //~ ... ~ (1. ( !:G J~~ \~~ // {.(". /t /~ / f ' /' r I I ..-:; I I / .. · "!~' N ( . J I { . ' ·I /I ft, (- ..... ~ro~ I \,~, ;, I I ~ /;~ c11i ~~m\.s~~o ) ·'I( I~ ' . ~ 1-/ , .. \?o \J\ 'ct>.R\.S~t>-U. "r o/ _/I r. I A~~ tJ007 ryi)J. e t. ., IJ 'Hi ti I ',,· '~ ~~ \,;/ (!Jgp£0" I -.. I RECEIPT NO. 65824 TOTAL 11t:tJ i ( .... __ ,...:..~-· ....... .:.:..i..... ______ ·~---...:......---'-·~-~-~'--------~--