HomeMy WebLinkAbout1991-04-09; City Council; 11106; AGREEMENTS FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW OF THE CALAVERAL HILLS MASTER PLAN PROJECT - EIR 90-5t
AB ,# /$ /Q& TITLE: AGREEMENTS FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW
OF THE CALAVERA HILLS MASTER PLAN PROJECT MTG. '/q/q/
DEPT. PLN - EIR 90-5
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CIT~F CARLSBAD - AGEN~BILL
RECOMMENDED ACTION:
ADOPT Resolution No. m, APPROVING an agreement with
consulting firm RECON - Regional Environmental Consultant prepare an Environmental Impact Report for the Calavera H Master Plan Project - EIR 90-5, and (2) APPROVING an agree
with Lyon Communities Inc. to provide funding for
Environmental Impact Report.
ITEM EXPIANATION
The project includes the amendment of the Calavera Hills Ma
Plan and the General Plan, the alignment of College Boule south to the intersection of Cannon Road, the wideninc Carlsbad Village Drive between Victoria Avenue and Con Street, and the development of single and multi-family h
and open space preservation on the remaining 290 acres of
master plan area. The project is located south of the Cit
Oceanside, west of Lake Calavera, and east of the Cala
Hills Community Park on Tamarack Avenue. The project are
shown on Exhibit llA1l.
As a part of the review of the project , staff has detern that an Environmental Impact Report should be prepared. S has identified to the project applicant (Lyon Communities) an Environmental Impact Report shall be required. Per policy, the applicant has agreed to pay the full cos preparation of the Environmental Impact Report. An agreemei this effect is attached.
Requests for proposals were sent to twenty-four environmc consulting firms and five firms responded. For each pror submitted, the Planning Department conducted a thorough rc of the scope of work, the subconsultants to be L qualifications, and costs.
Based on the review of the proposals, staff recommends RECON - Regional Environmental Consultants be selecte prepare the Environmental Impact Report for the Calavera E Master Plan Project. RECON has extensive experience workii the City of Carlsbad. They prepared the original EIR foi Calavera Hills Master Plan in 1978. RECON presented a COI and comprehensive scope of work at a competitive cos
$97,359.00, and they are a full service environmc
consulting firm with good qualifications. The proposed co,
$97,359.00 represents the second highest bid received OL
highest bid was $111,240.00. The RECON proposal was ran1 five proposals received, The lowest bid was $48 I 000 * 00 ani
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4 PAGE 2 OF AGENDA BILL NO. 15 /@&
number one as far as understanding the project and the propc
work program. Attachment 1 contains the agreement with R:
for the preparation of the EIR.
FISCAL IMPACT
The applicant, Lyon Communities Inc., is responsible for
provision of the funding for the Environmental Impact Rep
approval and execution of this
agreement. Administrative costs of processing the EIR wil
partially offset by the $5,250.00 EIR processing Attachment 2 contains the agreement with Lyon Communitie provide funding for the EIR preparation.
EXHIBITS
Funds will be deposited with the City in a trust account,
1. City Council Resolution No. q/-Agf
2. Exhibit IlAlI (Location Map)
3. Attachment No. 1 (Agreement w/RECON)
4. Attachment No. 2 (Agreement w/Lyon Communities Inc.)
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91-108 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS
BETWEEN THE CITY OF CARLSBAD AND RECON (REGIONAI
ENVIRONMENTAL CONSULTANTS); AND THE CITY OF CARLSBAD AND LYON COMMUNITIES, INC, FOR
CONSULTING SERVICES TO PREPARE AN ENVIRONMENTAL
IMPACT REPORT FOR THE CALAVERA HILLS MASTER
PLAN. EIR 90-5
The City Council of the City of Carlsbad, Calif
does hereby resolve as follows:
1. That certain agreements between the C:
Carlsbad and RECON (Regional Environmental Consultants); 2
City of Carlsbad and Lyon Communities, Inc., for cons
services to prepare an Environmental Impact Report fc
Calavera Hills Master Plan, copies of which are on file
office of the City Clerk, and incorporated herein by ref<
are hereby approved.
2. The Mayor of the City of Carlsbad is
authorized and directed to execute said agreements for
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meet
the City Council of the City of Carlsbad, California, on
9th day of April , 1991.
AYES:
NOES: None
Council Members Lewis, Larson and Nygaard
ABSENT: Council Member K chin and Star /.i [&LA U E A. LEWIS, Mayor
ATTEST:
UR~ ALETHA L. RAUTENKRANZ, City Clerk
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AlTACHMENT 1
AGREEMENT FOR THE PRFPARATION OF THE
ENVIR0"TAL IMPAa REPORT FOR THE
CALAVERA HILLS MA!STER PLAN PROJECT - EIR 90-5
THIS AGREEMENT, made and entered into as of the / ithJ day of
LLfd ,19a by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "CITY, and RECON - Regional Environmental
Consultants, hereinafter referred to as "CONSULTANT".
RECITALS
CITY requires the services of RECON to provide the necessary planning
services for preparation of an Environmental Impact Report; and CONSULTANT
possesses the necessary skills and qualifications to provide the services required by
the CITY;
WHEREIN, the proposed project identified as the Calavera Hills Master Plan
Project EIR 90-5 which is located south of the City of Oceanside and east of Lake
Calavera and more precisely shown on the map marked exhibit "A", attached hereto
and made a part hereof;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, CITY and CONSULTANT agree as follows:
1. CONSULTANT'S OBLIGATIONS
CONSULTANT shall prepare an Environmental Impact Report on the subject
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-.. project in accord with the California Environmental Quality Act as implemented by
the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its
implementing resolutions. In carrying out this obligation the CONSULTANT'S duties
shall include the following:
(a) The CONSULTANT shall, consistent with the Work Program contained
in Exhibit "B", (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 requirements of
this section. Before preparing the draft report, the CONSULTANT shall
submit ten copies of a preliminary report (screen check EIR) to the Planning
Director for staff review.
(b) The CONSULTANT shall prepare a draft report which incorporates
staff's recommendations and revisions within 13 weeks from entering into
agreement with the CITY or one and one-half weeks after receiving the
CITY'S Comments.
(c) CONSULTANT shall prepare a draft report in compliance with the
Work Program contained in Attachment 2, attached hereto and made a part
hereof and with applicable state law and City ordinances. The
CONSULTANT shall submit to CITY fifty copies (With 25 copies in 3-ring
binders) plus a reproducible master of the draft EIR to the CITY.
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(d) 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 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 cost if these adverse factors
exist.
(e) CONSULTANT shall prepare and file with the CITY written responses
to all comments received subsequent to public notice that the draft
Environmental Impact Report has been filed. 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. CITY OBLIGATIONS
(a)
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.
(c) The CITY will review the Preliminary Report presented by the
CONSULTANT within fifteen working days of their receipt and make written
comments to the CONSULTANT within that time period.
(d)
The CITY will make payment to the CONSULTANT as provided for in
The CITY shall provide the CONSULTANT with copies of all written
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camments received on the draft Environmental Impact Repdrt subsequent to
public notice that the draft Environmental Impact Report has been filed and
is available for public review.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt
of notification to proceed by the CITY and be completed within 1 year of that date.
Extensions of time may be granted if requested by the CONSULTANT and agreed
to in writing by the Planning Director. The Planning Director will give allowance
for documented and substantiated unforeseeable and unavoidable delays not caused
by a lack of foresight on the part of the CONSULTANT, or delays caused by CITY
inaction or other agencies' lack of timely action.
4. FXES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6, "Payment
of Fees," and shall be $97,359.00 as shown on Exhibit "C". No other compensation
for services will be allowed except those items covered by supplemental agreements
per Paragraph 8, "Changes in Work."
5. DURATION OF CONTRACT
This agreement shall extend for a period of 1 year from date thereof. The
contract may be extended for one additional three month period or parts thereof,
based upon satisfactory performance and the CITY'S needs.
6. PAYMENTOFFEES
The CONSULTANT will be paid a maximum of $97,359.00 dollars for all
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work necessary to carry out the requirements of this agreement. Actual payment
shall be based on the costs as set forth in Attachment 2 on file at the Planning
Department. The CONSULTANT shall be paid within 30 days in response to
monthly invoice, for up to sixty percent of the compensable services for the
completion of the screen check draft EIR in accordance with Paragraph 1 above.
The consultant will be paid up to an additional ten percent upon the draft EIR being
sent out for public review. The CONSULTANT will be paid fifteen 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
its agreement within thirty days after receipt of invoice, to be submitted after the
certification of the Environmental Impact Report by the City Council.
7. TIMEOFCOMPLETION
The 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 shall
submit to the CITY ten copies of the Preliminary Environmental Impact Report
within eight weeks of the signing of this agreement by both concerned parties. The
CONSULTANT shall submit to the CITY fifty copies of the draft Environmentd
Impact Report within ten working days of the completed staff review of the Screen
Check Draft Environmental Impact Report.
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8. CHANGESINWORK
If, in the course of the contract, changes seem merited by the CONSULTANT or
the CITY, and informal consultations with the other party indicate that a change in
the conditions of the contract is warranted, the CONSULTANT or the CITY may
request a change in 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 by CONSULTANT to inform them of the proposed changes along with a
statement of estimated changes in charges or time schedule. A supplemental
agreement shall be prepared by the CITY and approved by the CITY according to the
procedures described in Carlsbad Municipal Code Section 3.28.1 72. Such
supplemental agreement shall not render ineffective or invalidate unaffected
portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The CONSULTANT warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the
CONSULTANT, to solicit or secure this agreement, and that CONSULTANT has not
paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this agreement. For
breach or violation of this warranty, the CITY shall have the right to annul this
agreement without liability, or, in its discretion, to deduct from the agreement price
or consideration, or otherwise recover, the full amount of such fee, commission,
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percentage, brokerage fees, gift, or contingent fee.
10.NONDISCRIMINATION CLAUSE
The CONSULTANT shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTFWX
In the event of the CONSULTANTi failure to prosecute, deliver, or perform the
work as provided for in this contract, the CITY may terminate this contract for
nonperformance by notifying the CONSULTANT by certified mail of the termination
of the CONSULTANT. The CONSULTANT, thereupon, has five (5) working days to
deliver said documents owned by the CITY and all work in progress to the Planning
Director. The Planning Director shall make a determination of fact based upon the
documents delivered to CITY of the percentage of work which the CONSULTANT
has performed which is usable and of worth to the CITY in having the contract
completed. Based upon that finding as reported to the City Manager, the Manager
shall determine the final payment of the contract.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties.Such questions,
if they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the
CONSULTANT or the City Planning Director. A copy of such documented dispute
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shall be forwarded to both parties involved along with recommended methods of
resolution which would be of benefit to both parties. The City Planning Director
or principal receiving the letter shall reply to the letter along with a recommended
method of resolution within ten (10) days. If the resolution thus obtained is
unsatisfactory to the aggrieved party, a letter outlining the dispute shall be
forwarded to the City Council for their resolution through the Office of the City
Manager. The City Council may then opt to consider the directed solution to the
problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties
seeking remedies available to them at law.
13. SUSPENSION OR TERMINATION OF SERVTCES
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or
termination, upon request of the CITY, the CONSULTANT shall assemble the work
product and put same in order for proper filing and closing and deliver said product
to CITY. In the event of termination, the CONSULTANT shall be paid for work
performed to the termination date; however, the total shall not exceed the lump
sum fee payable under paragraph 4. The CITY shall make the final determination
as to the portions of tasks completed and the compensation to be made.
14. STATUS OF THE CONSULTTANT
The CONSULTANT shall perform the services provided for herein in
CONSULTANTS own way as an independent contractor and in pursuit of
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3.
CONSULTANTS independent calling, and not as an employee of the CITY.
CONSULTANT shall be under control of the CITY only as to the result to be
accomplished, but shall consult with the CITY as provided for in the request for
proposal.
The CONSULTANT is an independent contractor of the CITY. The payment
made to the CONSULTANT pursuant to the contract shall be the full and complete
compensation to which the CONSULTANT is entitled. The CITY shall not make any
federal or state tax withholdings on behalf of the CONSULTANT. The CITY shall not
be required to pay any workers’ compensation insurance on behalf of the
CONSULTANT. The CONSULTANT agrees to indemnify the CITY for any tax,
retirement contribution, social security, overtime payment, or workers’ compensation
payment which the CITY may be required to make on beha of the CONSULTANT
or any employee of the CONSULTANT for work done undler this agreement.
The CONSULTANT shall be aware of the requirements of the Immigration
Reform and Control Act of 1986 and shall comply with those requirements,
including, but not limited to, venfylng the eligibility for employment of all agents,
employees, subcontractors and consultants that are included in this agreement.
15. CONFORlWlY TO LEGAL IZEOUIREMENTS
The CONSULTANT shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. CONSULTANT shall
provide all necessary supporting documents, to be filed with any agencies whose
approval is necessary.
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The CITY will provide copies of the approved plans to any other agencies.
16. OWNERSHIPOFDOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the CITY, whether the work for which they are made
be executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the
CITY. CONSULTANT shall have the right to make one (1) copy of the plans for
his/her records.
17. REPRODUCITON RIGHTS
The CONSULTANT agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in CITY' and hereby agrees to
relinquish all claims to such copyrights in favor of CITY.
18. HOLD HARMLESS AGREEMENT
The CITY, its officers, and employees shall not be liable for any claims,
liabilities, penalties, fines, or any damage to goods, properties, or effects of any
person whatever, nor for personal injuries or death caused by, or resulting from, any
intentional or negligent acts, errors or omissions of CONSULTANT or
CONSULTANTS agents, employees, or representatives. CONSULTANT agrees to
defend, indemnify, and save free and harmless the CITY and its officers and
employees against any of the foregoing claims, liabilities, penalties or fines,
including liabilities or claims by reason of alleged defects in any plans and
specifications, and any cost, expense or attorney's fees which are incurred by the
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CITY on account of any of the foregoing.
19. ASSIGNMENT OF CONTRAQ
The CONSULTANT shall not assign this contract or any part thereof or any
monies due thereunder without the prior written consent of the CITY.
20. SUBCONTRACIING
If the CONSULTANT shall subcontract any of the work to be performed under
this contract by the CONSULTANT, CONSULTANT shall be fully responsible to the
CITY for the acts and omissions of CONSULTANTS subcontractor and of the persons
either directly or indirectly employed by the subcontractor, as CONSULTANT is for
the acts and omissions of persons directly employed by consultant. 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 the terms of this
contract applicable to CONSULTANTS work unless specifically noted to the contrary
in the subcontract in question approved in writing by the CITY.
21. PROHlJ3ITEDINTEm
No official of the CITY who is authorized in such capacity on behalf of the CITY
to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of this agreement, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer or employee
of the CITY who is authorized in such capacity and on behalf of the CITY to exercise
any executive, supervisory, or similar functions in connection with the performance
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of this contract shall become directly or indirectly interested personally in this
contract or any part thereof.
22. 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 or obligations herein contained nor entitle the
CONSULTANT to any additional. payment whatsoever under the terms of this
contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall insure to and shall bind each of the
parties hereto, and each of their respective heirs, executors, administrators,
successors, and assigns.
24. EFTEC"EDATE
This agreement shall be effective on and from the day and year first above
dtten.
25. CONFLICTOFINTEREST
The CONSULTANT shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest
Code. The CONSULTANT shall report investments or interests in real property.
26. INSURANCE
The CONSULTANT shall obtain and maintain policies of general liability
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insurance, automobile liability insurance, and a combined policy of workeis
compensation and employers liability insurance from an insurance company
authorized to do business in the State of California which meets the requirements
of City Council Resolution No. 90-96 in an insurable amount of not less than one
million dollars ($1,000,000) each, unless a lower amount is approved by the City
Attorney or the City Manager. This insurance shall be in force during the life of this
agreement and shall not be canceled without thirty (30) days prior written notice
to the CITY sent by certified mail.
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The CITY shall be named as an additional insured on these policies. The
CONSULTANT shall furnish certificates of insurance to the CITY before
commencement of work.
Executed by Consultant this i '?tL day of w aLdu ,192
CONSULTANT: CITY OF CARLSBAD, a municipal
Consultants, a Calif. corporation
(name of Consultant)
Regional Environmental corporation of the State of California
By:
By: G-y 33-0
(sign here) Chqrles S. Bull
President ATTEST: /
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v: . /L'&Z*A I/ G>-/ K
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&tL k- e% (print name here) Diane ~earsoa
Secretary ALETHA L. RAUTENKRANZ
(title and organization of signatory) City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering
that officer to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
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State of California County of San Diego
On this 19th day of March, in the year 1991, before me Charles S. Bull President and Diane Pearson, Secretary, personally known to me to be the persoi who executed the within instrument as president and secretary on behalf of thi corporation therein named and acknowledged to me that the corporation execute( it.
NOTAW WK ULIfOM1A q-a -
-PAL OFFICE tN W#(0bWn
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City of Car
EIR 9( CALAVERA HILLS MASTER PLAN -
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II. sco PE OF WORK AND ISSUE ANALYSIS
The EIR will be prepared in conformance with the City of Carlsbad Envir mental Protection Ordinance and California Environmental Quality Act (CEQA)
1970, as amended. The Ea will address the following issues as identified 1- the City’s Request for Proposal:
Agriculture AirQuality
Biology
Circulation Cultural and Paleontological Resources Cumulative Impacts Growth Inducement Hy drology/W ater Quality Land Use Compatibility Noise Public Facilities/Services Visual AestheticdGrading
The EIR will assemble available data, evaluate that information for adeqi cy, conduct new technical studies for air quality, noise, traffic circulatic cultural resources and paleontology, hydrology, and biology, and provide assessment of the cumulative and growth-inducing impacts of the project. T
draft and final EIR will identify and discuss impacts, and suggest feasit
mitigation associated with the long-term development of the site.
Addressment of each issue will be organized into three sections: existi conditions, impact, and mitigation. In addition to the issues identified in t RFP, the report will provide a summary of environmental analysis and a disci sion of alternatives, significant irreversible environmental changes, and t relationship between short-term uses and long-term productivity.
It is RECON’S policy to prepare EIRs in a concise manner. Technical suppc information necessary for conclusions drawn in the document is usually includi as technical appendixes, with clear summary statements presented in the body the EIR. Since the purpose of an EIR is a public disclosure document which w: assist decision makers, it is imperative that the EIR be easily understood ar succinct. Of particular importance is a simple statement of potential impac and a clear identification of mitigation.
The scope of work will consist of a number of tasks, including tl following:
1. Attend a scoping meeting, and incorporate any additional analys determined at that scoping meeting. The scope of work is based on d City’s providing the meeting hall and the notice of the scoping meetin Studies or environmental issues identified during the scoping meeh which are additional and not described below will have to be authoriz by the City in a contract amendment.
Prepare a screen-check draft EIR @EN) consistent with the CEQA and tt Carlsbad Environmental Protection Ordinance and submit ten copies to tl
City within eight weeks from entering into an agreement with the Cit
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2.
EXH I 6 I1
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The DEm will contain infoImation from all reference material and o&g- inal research as detailed in the following scope of work. The screen- check DEIR will identify, discuss, and recommend mitigation measures (if feasible) for any impacts which may be associated with the short-term and long-term development of the site.
3. Prepare a DEIR which incorporates staffs recommendations and revisions within 13 weeks from entering into an agreement with the City or one and one-half weeks after receiving the City’s comments.
4. Provide 50 copies of the DEIR with appendixes and exhibits to the City (including one reproducible copy) with 25 copies in three-ring loose- leaf binders and 25 copies in comb binding.
5. Prepare responses to comments received during the DEB review period.
6. Submit responses to comments and provide 10 screen-check copies of the final EIR to staff for review and revision prior to public review.
7. Provide 50 copies of the final EIR with appendixes and exhibits (including one reproducible copy) with 25 of those copies in three-ring loose-leaf binders and 25 copies in comb binding.
Attend up to 12 meetings including but not limited to:
kick off meeting between staff and traffic consultant prior to
up to four public hearings with presentations as necessary as
RECON will prepare a Mitigation Monitoring and Reporting Program to accom- pany the EIR. This program will contain a list of the mitigation measures and
chronological order to facilitate recordation of the completion of each item.
The following section addresses each issue in the ER as well as the dis- cussion sections. Within each issue analysis, a review is provided of the available environmental data, an outline of the scope of work, and the person(s) responsible and their experience.
A. AGRICULTURE
8.
kick off meeting with City staff
traffic analysis two screen-check comments meetings with staff two responses to public comments meetings with staff two traffic impacts meetings with staff
determined by City staff
monitoring programs required for the project. The list will be compiled in
The City of Carlsbad General Plan states an objective to prevent the elimination of prime agricultural land and preserve said lands wherever possi- ble. The proposed College Boulevard improvements will bisect land under culti- vation with tomatoes which could impact the economic viability of the fhng operation due to transportation impediments and reduction of plot sizes. Addi- tionally, the new residential development could be growth inducing which could further impact agriculture in the area.
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scope 0 f Work
1. Identify in the existing conditions section, those soils within the project area and College Boulevard improvement area, which are des- ignated as prime agricultural land. These are soils with a Class I
of these soils along with their capability and Stone Index and the
size of the farming plots.
2. Identify potentially significant impacts to agricultural lands based on the presence or absence of prime agricultural soils on the prop- erty, the type of crops normally grown (tomatoes, flowers, other foods), the availability of transportation facilities to deliver products, and the size and quality of farming plots.
or II soil capability or Stone Index of 80 to 100, Provide a map
3. Recommend mitigation measures, if necessary, to reduce potentially
Lee Sherwood, the project manager, will prepare this section of the EIR. His experience is provided in the Personnel and Experience section of this proposal.
identified impacts.
B. AIROUALITY
Scope of Work
1. Determine the existing air quality conditions in the air basin based on data available from the California Air Resources Board for nearby monitoring stations and other secondary source information and the federal state and local standards and regulatory review require- ments. Results for the last three to five years from nearby moni- toring stations will be summarized in order to characterize existing air quality.
2. Calculate expected emissions for carbon monoxide, nitrogen oxides, and other criteria pollutants using standard vehicular emissions factors. These emission factors will be based on results of the EMFAC7PC computer model and the AP-42 emissions factors of the U.S. Environmental Protection Agency. Anticipated vehicular traffic will be based on the;results of the traffic technical report prepared by BDI as part of this DEIR effort. Also address air quality impacts that would result during the construction phase of the project. Information for this discussion will be based on secondary sources. The significance of any air quality impacts will be assessed and control strategies identified.
3. Prepare an air quality report describing existing conditions, air quality impacts, the methodology employed to determine these impacts, and mitigation measures/control strategies to reduce sig- nificant impacts to acceptable levels. The report will also describe the status of the updated Air Quality Management Plan which
is being prepared by the Air Pollution Control District. If miti- gation measures will not reduce significant impacts, the DEIR will identify cumulative sigmficant air quality impacts. The air qual-
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e ity report will be included as an appendix to the EIR and the
This section will be prepared by John Larson. Mr. Larson’s experience
information summarized in the body of the document.
is provided in the Personnel and Experience section of this proposal.
C. BIOLOGY
Sensitive biological resources are known to be present on the site
including the California gnatcatcher. RECON’S biology staff works closely with
staff of the California Department of Fish and Game and the U.S. Army Corps of Engineers and will be able to provide consultation and recommendations for mitigation programs.
Scope of Work
1. Conduct brief field checks to confirm that biological resources on the site and along the off-site alignment of College Boulevard have not changed since the June, 1990, report by ERE.
2. Conduct an updated survey for the California gnatcatcher to deter- mine the current status of the species on the site. The survey will be conducted using methodologies currently required by the jurisdictions.
3. Using field mapping, aerial photography, and the Geographical Information System (GIS), prepare detailed vegetation maps that will be used to accurately calculate project impacts.
4. Prepare a biology technical report which incorporates the results of the brief field checks and the California gnatcatcher surveys. Using informa- tion from the previous report and the current field work, the report will address the importance of the resources on-site in relation to those off-site and will discuss effects of the project on wildlife movement in the vicinity. RECON will also identify impacts associated with the updated proposed project and will discuss potential mitigation measures. The biology technical report will be included as an appendix in the DEIR and the information summarized in the body of the document.
5. Attend two coordination meetings, one with the U.S. Army Corps of Engineers and the second with the California Department of Fish and Game.
If site conditions have changed since the finalization of the previous biology technical report, additional field work may be necessary and would be authorized as part of a contract amendment, as would additional work necessary for permit applications and processing for the regulatory agencies. Special
delineation and directed search for a particular species other than the California gnatcatcher.
The biology studies will be performed under the direction of Can: Patterson, Director of the RECON Biology Department. Mr. Patterson’s experience is provided in the Personnel and Experience section of this proposal.
studies may be required by the jurisdiction or resource agency such as a wetland
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D. CIRCUL ATION
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1. Meet with City staff to discuss the project and to obtain a COPY of the latest growth management traffic analyses and any other reports within the area. The approved projects to be included in the anal- yses will be discussed with City staff. The analysis procedures and roadway assumptions to be used in the analysis and the timing of the project will be discussed.
2. Conduct field reviews of the study area and assemble existing daily and peak hourly traffic data on file at the City or in recenl reports. Assemble the latest traffic forecasts prepared for the City.
Review latest Zone 7 Growth Management Zone traffic study and com pare project and approved projects within the Zone to the list oj projects provided by City (TASK 1).
Collect morning and afternoon peak hour counts at up to four inter sections, Data for the remaining intersections will be provided bj
the City.
5. Estimate traffic generation to/from the project and compare it t( the approved development plan.
6. Establish base 1995, 2000, and 2010 traffic volumes. This will bc based on existing computer modeling output provided by the City The base traffic conditions will be adjusted to reflect the propose( level of development.
7. Prepare the traffic report addressing existing conditions, projec traffic, and the cumulative effect of the project on the surroundin! street system. The years 1991, 1995, 2000, and 2010 will be ana lyzed. In addition, the report will compare traffic estimates fo the improved Master Plan development to the proposed plan revisions The report will be prepared to be consistent with the criten contained in the Local Facilities Management Plan.
8. Review, analyze, and discuss the traffic impacts associated wit construction of College Boulevard including its connection ti Oceanside and to Cannon road.
Submit the draft report to City of Carlsbad for review and comment.
3.
4.
9.
10, Prepare final report after receipt of City’s comments.
11. Assist in preparing responses to comments received on the EN.
12. Attend two (2) public hearings on the project.
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Mr. Bill Darnell will be the fm principal assigned to this project, A detailed description of his experience is provided in the Personnel and Experience section of this proposal.
E. CULTURAL AND PALEONTOLOGICAL RESOURCES
As stated in the RFP, the previous archaeological studies need to br verified and the area for off-site improvements for College Boulevard must bc surveyed. The Village W site could potentially be significant and additiona testing is required and included as part of this proposal. This scope of work does not include testing for significance of any sites which might be discoverec during the College Boulevard survey. If, during the literature and fielc review, any cultural resources are discovered which have not been adequatelj tested or for which impacts have not been adequately mitigated, significance testing will need to be completed and this scope of work does not include thi!
testing .
Sco_pe of Work
1. Perform an archaeological survey of approximately one mile o improvements to College Boulevard of which approximately one-thir of the area is off-site. The width of the survey ma along th alignment will be 500 feet.
2. Review the archaeological study performed for the Master Plan are in March 1990, as well as previous survey and testing studies.
3. Conduct field checks of cultural resources on the property as deeme appropriate upon review of the previous reports.
4. Conduct cultural resource testing for significance of the site 1 Village W. This site was identified in the March 1990 update I potentially significant. This testing will consist of:
a. Surface collection and mapping of artifacts visible on ti surface of the site at the time of the collection.
b. Excavate 15 shovel test pits to determine the vertical ai horizontal extent of the site deposits.
c. Excavate four 1x1-meter test units to determine the variabili of artifactual materials present and define the integrity of t deposits.
d. Analyze the materials recovered including submittal of c
4. Document the results of the survey, literature review, and sign cance testing program in a report to be submitted to the City Carlsbad. The report will include recommendations for management the one cultural resource tested, as well as recommendations for a
I resowces discovered during the College Boulevard survey or dur
the literature and field checks performed for the RIEIhhlg Si previously recorded.
I sample for radiocarbon dating if appropriate.
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The work will be performed under the supervision of Dayle Cheever. M~Cheever’s experience is provided in the Experience and Personnel section of this proposal.
F. CUMULATIVE! IMPACTS
Scope of Work
RECON will prepare a discussion of the cumulative impacts of air quali- ty, water quality, increased traffic circulation, urban runoff, removal of native vegetation, and solid waste disposal. The information will be based on information from the individual issue sections in the EIR and will contain a description of the existing conditions, impacts, and recommended mitigation measures, if necessary.
The work will be performed by Lee Sherwood. Mr. Sherword’s experience is provided in the Experience and Personnel Section of this proposal.
G. GROWTH INDUCEMENT
Growth inducement is generally a function of the presence or absence and capacity of roads, utilities, and public services in a given area. Projects which significantly alter these facilities can affect growth in an area by pro- viding the services to accommodate more dwelling units and/or’ industrial devel- opment to create additional jobs. RECON will provide a discussion of the growth inducement potential of the project as required by CEQA.
The work will be performed by Lee Sherwood. Mr. Sherwood’s experience
is provided in the Experience and Personnel section of this propod.
H. HYDROLOGYANDW ATER QUALITY
The proposed project could affect the hydrology and water quality of the area. Hydrology studies will discuss the effects of the proposed residential development and improvements to College Boulevard.
scope 0 f Work
1. Obtain and review existing information regarding hydrology studie! and future development plans in the project vicinity.
2. Evaluate impacts of runoff, flow pattern changes to flw discharges.
3. Provide mitigation and control measures in the form of flood wate detention basin or sediment detention basins as required.
Provide dam breach, analysis for Calavera Dam, determine flood di!
charges and areas of inundation resulting from dam breach, asses effects of dam breach flow on existing and proposed roads an structures, and suggest changes in design for flood mitigation, ’ warranted.
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5. Provide design of Calavera Creek for stability and environmental
6. Prepare a technical report describing the results of the above
enhancement.
information which will accompany the EIR as a technical appendix.
7. Attend meetings with the City Engineer and property owners, as
8. RECON will summarize the information in this report in the body of
This work will be performed by Dr. Howard Chang. Dr. Chang’s resume is
necessary within the limits of the budget.
the EIR.
included in Chapter V of this proposal,
I. LANDUS E
The land use discussion will address the compatibility of the proposed project with the General Plan and zoning criteria and compatibility with sur- rounding land uses including agricultural activities in the project vicinity. Conformance with the Hillside Development Ordinance, Interim Open Space Ordi- nance, the Planning Department’s Administrative Policies, the City’s Noise Policy and the City’s Trails Feasibility Study.
Sco-pe of Work
I. Provide in the Existing Conditions section of this issue an inven- tory and map of the existing and approved land uses within the Master Plan area and the project vicinity and a discussion of any pending project applications in the surrounding area.
2. Identify potentially significant impacts to adjacent land uses based on conformance with approved planning documents and characteristics of the proposed project including visual features, landscape plan, and circulation system, Discuss impacts resulting from the College Boulevard improvements through the agricultural area.
3. Address mitigation strategies which will potentially reduce any impacts identified in the above discussion, if necessary.
Lee Sherwood, the project manager, will prepare this section of the EIR. Mr. Shemood’s experience is provided in the Experience and Personnel section of
this proposal.
J. NOISE
RECON prepared a noise technical report for the Lake Calavera Hills Master Plan to assess noise impacts from the extractive operations of South Coast Asphalt, adjacent to Villages 0 and P1. The study determined that the existing operation would not pose a significant impact to the housing develop ment in those villages. For this project, RECON will prepare a noise study tc discuss impacts associated with gradmg, blasting, and construction of two roads through the Master Plan area and the effects on existing residential develop ment. The noise study will also identlfy impacts from traffic noise fo
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existing and future residents within the Master Plan area and will discuss impacts from the off-site quarry activities.
Sco-pe of Work
1. Review the noise studies prepared for the project by Mestre Greve Associates including Villages L2, H, W, X, Y, K, and U. As part of the review, rerun the Federal Highway Administration (FHWA) Noise Prediction Model for select locations to verify the results of the reports. Modeling of noise levels based on any changes to the grading plans whkh have occurred subsequent to the preparation of the noise studies prepared by Mestre Greve is not a part of this
will be summarized and incorporated into the body of the EIR.
2. Short-term noise impacts to existing residences from the on- and off-site truck traffic using haul roads and from other grading
will also be addressed. For haul road noise, RECON will use the
FHWA Noise Prediction Model to determine noise levels associated
with the truck haul routes. For grading and construction noise impacts, the noise analysis will be based on secondary sources.
3. Noise impacts to future planned uses along the off-site segment of College Boulevard will be addressed using the FHWA Noise Prediction Model.
4. Prepare a noise technical report and appropriate graphics to describe the modeling process and present the results determined by RECON, with the Mestre Greve noise reports provided as attachments. This report will include a map of noise contours for off-site College Boulevard drawn in five-decibel increments. Impacts will be evaluated based on City standards, and generalized mitigation measures will be presented.
5, Discuss the potential for noise impacts to existing structures from construction and blasting activities based on information obtained from previous RECON noise technical reports for blasting operations (i.e., South Coast Asphalt Products Company blasting activities adjacent to Calavera Hills) and other secondary sources. Mitigation measures will be developed based on secondary sources such as the Bureau of Mines Guidelines for Blasting, the Uniform Fire Code and Health and Safety Code, and any applicable city of Carlsbad regulations.
Sam Lane will prepare this section of the EIR. Dr. Lane’s experience
review. For on-site vehicular noise the results of these reports
activities as well as the off-site construction of College Boulevard
is provided in the Personnel and Experience section of this proposal.
IC PUBLICFACILITIES
1. RECON will review the Calavera Hills Master Plan and Zone 7 Local
Facility Management Plan to determine if the proposed provision of sewer and water systems is adequate for the proposed project. It is anticipated that any new off-site improvementS including gravity
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lines and sewer line alignment will occur within the alignment of
College Boulevard and will be surveyed as part of the proposed scope of work for cultural resources and biology. This section will also include a discussion which addresses potential impacts to a water supply pipe located near College Boulevard. This pipe will be exposed during grading operations. RECON will contact the water district to discuss options available to avoid or limit interruption
of service during grading activities. Interruption may be avoided if a backup system or alternate water route is available, intenup- tion of service may be minimized by construction of a temporary
RECON will contact the County of San Diego for information regarding the remaining capacity of San Diego County landfills and the ability of those landfills to accommodate the anticipated solid waste gen- erated during the construction and maintenance of the residential uses.
Information from tasks K1 and K2 will be presented in the DEIR and discussed according to existing conditions, impacts, and mitigation.
Lee Sherwood, the project manager, will prepare this section of the EIR.
Mr. Sherwood’s experience is provided in the Experience and Personnel section of this proposal.
pipe,
2.
3.
L. VISUALAES THETICS/GRADING
Scope of Work
1. Provide a detailed description of the topographic and visual fea- tures of the project site, as well as an inventory of designated scenic resources. The visibility of the project site and off-site road improvement area will described. This will entail fieldwork and photographs of the property. Viewsheds of major thoroughfares will be determined and mapped.
2. Describe the grading and associated aesthetic impacts for the pro- posed project. This section of the EIR will address the a grading concept for the project which would balance the grading over the entire site. An alternate grading approach which would balance the grading on a village by village basis will be analyzed in the alternatives section of the EIR. The DEIR will describe the pro- posed volumes of cut and fill; the siting of stock piles and borrow locations; potential conflicts with on-site infrastructure improve- ments and open space; the import of dirt from off-site locations; the size and location of major manufactured slopes; phasing of the grading; and the hours of operation, storage of grading equipment,
and location of haul roads. Discuss if stockpiles, haul roads, and borrow areas will be located in areas ultimately to be developed Grading issues relating to noise, traffic safety, and air qualiq issues will be addressed in the corresponding sections of the EIR.
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3. Describe the grading and aesthetic impacts associated with off-site improvements. These include the proposed alignment for the off-site construction of College Boulevard to Cannon Road and the required off-site desilting facility. Alternative alignments for College
Boulevard will be addressed in the project alternatives section of the EIR.
4. Based on a review of the geotechnical report, address those loca.
tions identified as requiring blasting to remove rock material foi the development of the site. Potential noise and air qualib impacts fiom blasting will be discussed in the corresponding sec. tions of the EIR. Potential hazards to nearby structures will be addressed. Mitigation measures will be developed based on secondaq sources such as the Bureau of Mines Guidelines for Blasting, the Uniform Fire Code and Health and Safety Code, and any applicable City of Carlsbad regulations.
5. Assess the potential for visual impacts from the proposed on- anc off-site grading and resulting development on existing residences a well as existing and future scenic roadways.
6, Provide recommendations for mitigation measures which will reducl
impacts identified during the analysis. These recommendations wil
be used to develop the mitigation program for. grading impact: Landscaping and revegetation plans are examples of potenti? mitigation measure mechanisms.
Lee Sherwood, the project manager, will prepare this section of the EIE
Mr. Sherwood’s experience is provided in the Personnel and Experience section ( this proposal.
M. ALTERNATIVES
In addition to the No Project alternative, CEQA requires that othc project alternatives which could reduce environmental impacts be addresse RECON anticipates the following alternatives at this time. RECON will addre alternatives that would reduce significant environmental impacts as approprial based on the results of the issue analysis.
Sco-ue of Work
1. Address the no project alternative describing the impacts whic would be avoided should the project not be implemented (1 development).
2. Alternative Village by Village Grading Plan. This alternative H focus on the issues of landform alteration, visual aesthetics, a truck noise from dirt hauling. The purpose of the alternative u be to determine the environmental effects of this grading appro2 since it is conceivable that the City Council may not approve all the proposed tentative subdivision maps. The environmental effe of this alternative will be compared to the proposed project grad plan. As part of this analysis, phasing and timing of the grad
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operations will be compared. This alternative may result in "short- term" impacts occurring sporadically over a longer period of time.
3. Two Alternative Alignments for College Boulevard and two alternative desilting basin locations. Grading, visual effects, circulation,
addressed for this alternative.
4. Alternative Project Site. An alternative project site will be evaluated for another master plan area within the city of Carlsbad, which will be selected in consultation with City staff. The environmental analysis of this site will be based on existing environmental documentation provided by the City.
5. Alternate Site Design. Coordinate with City staff to identify an
alternative design for the proposed project. This may entail clus- tering of dwellings to provide -more open space or modifications to the grading plan to conform with the City's design guidelines.
Glen Weien, civil engineer, will prepare the grading analysis for the village by village grading alternative. Lee Sherwood, the project manager, will prepare the remaining alternative analyses. Mr. Shewood's and Mr. Weien's experience are provided in the Personnel and Experience section of this proposal.
hydrology, and biology are the primary issues which will be
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VI.COST
7 Task Cost
Prepare General EIR Sections 4,400
Biology Technical Report 5,800
Archaeology Testing and Survey Report 9,360
Noise Technical Report 4,800
Air Quality Technical Report 3,060
Traffic Report (BDI) 14,664
Paleontology Report (RIW Paleo Assoc) 1,600
Hydrology Report (Dr. Chang) 29,500
Agriculture 630
Cumulative Impacts 595
Growth Inducement 455
Land Use 945
Public Facilities 770
Visual Aesthetics/Grading 2,240
Project Alternatives 4,200
Mitigation Monitoring Plan 1,960
Prepare Response to comments (16 hours) 1,260
Prepare City Revisions (32 hours) 2,800
Project Administration 1,225
Meetings/Hearing 3,360
Report Pnnting and Misc. Expenses 3.735
TOTAL $97.359
EXHIBIT It(
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a ATTACHMEI
AGREEMENT FOR THE PREPARATION OF THE
ENVJRONMENTAL IMPACX REPORT FOR THE CALAVERA
THIS AGREEMENT is made this day of w, 1991, bet7
the CITY OF CARLSBAD, a municipal corporation of the State of California, herein
referred to as CITY, and LYON COMMUNITIES INC. hereinafter referred to as APPLIC
HILLS MASER PLAN - EIR 90-5
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for apyl
of a proposed project identified as the Calavera Hills Master Plan requirin
Environmental Impact Report (EIR); and
WHEREAS, CITY has determined that its current staff is inadequa
number to process the proposed EIR in a timely and thorough manner; and
WHEREAS, APPLICANT in order to ensure the expeditious processing c
EIR desires to pay to CITY the mount necessary to hire a Consultant.
NOW, THEREFORE, in consideration of the covenants and condition
agreed as follows:
1. The CITY will engage the firm of RECON - Regional Environr
Consultants hereinafter referred to as the "CONSULTANT" to PC
the necessary work in the processing and monitoring of the E
that area more particularly depicted upon a site map marked 1
"A" on file in the Planning Department, and made a part
agreement by reference.
1 REV. 3,
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m 2. It is understood that the Consultant services shall conform tc
Proposal and scope of work and issue analysis as shown on Ex
"B" on file in the Planning Department and made a part of
agreement by reference, and may require:
a) Field Exploration;
b)
c) Written reports; and
d)
Weekly communication with the CITY staff,
Such other work necessary to properly evaluate the pro
project as directed by the Planfling Director.
3. It is understood that the CITY will direct the Consultant to con
a draft and final EIR at the earliest feasible the. The CIT
advise the APPLICANT in writing of any significant ecoi
problems which may render the proposed project unfeasible wi
reasonable time after CITY has received the Consultant's concl
in writing.
4. The APPLICANT shall pay to the CITY the actual cost 4
Consultant's services. Such cost shall be based on the costs se
in Exhibit "C" on file in the Planning Department and made a ,
this agreement by reference. The APPLICANT has advanced tl
of $97,359.00 as payment on account for the actual cost
Consultant's services. In the event it appears, as the work pro1
that said sum will not be sufficient to cover the actual cost, tf
2 REV. 3
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will notify the APPLICANT of the difference between the ami
v deposited and the new estimated cost. CITY will ensure, to the el
feasible, that no further work will be performed by the Consu
incurring an obligation beyond the amount advanced withou
appropriate amendment to this Agreement. If the actual co,
preparing the report is less than the APPLICANTS advance:
surplus will be refunded to APPLICANT by CITY.
5. It is understood that the Consultant shall be an indepei
The APPLICANT agrees to ped contractor of the CITY.
Consultant to enter upon his property and to perform all
thereon as the Consultant deems necessary to complete the EIR.
agreed that the APPLICANT will not interfere with the Consult;
the performance of such work or attempt to influence such Cons
during the come of his investigation and report.
It is understood that the CITY will attempt to bring the E
Planning Commission and City Council as soon as possible, barr
delays from the APPLICANT.
6.
...
...
3 REV. 3/
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the (
* and year first above written.
Executed by Applicant this / </ d--- day of r/7d ,I9 91.
APPLICANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
yon Lo rv\ no fiJk~v [gLyd:7 (naA of Applicant)
By: '5 /*.
€&+y+%mp- or Mayor
By: i
ATTEST:
dxz- ljew&
m4.aAhu- (print nag here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by APPLICANT must be attached.)
ALETHA L. RAUTENKRANZ
City Clerk
c
(President or vice-president and secretary or assistant secretary must sign for corporati
If only one officer signs, the corporation must attach a resolution certified by the secre
or assistant secretary under corporate seal empowering that officer to bind
corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
4 REV. 3/1
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1 (Corporation Acknowledgment)
) ss.
I 'CALIFORNIA LcJLSw 1 ' j& day of -&, in the year 19 9 I , &fore rne-ner' ' hblic in and for said County and State, personally appeared-db '.
to be the person wt i known to me ((
khe within instrument aSfifi
Dalf of the corporation therein named, and acknowledged to me that such corporation executed
1
<I
Coic>m. Ekpirts Jul
+-wb-%-+k-VY bubl\c in and% sa'id&bunty and State.
(Notary Seal) \ i
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