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HomeMy WebLinkAbout1996-01-16; City Council; 13470; David J. Powers & Associates Inc. AgreementCIV OF CARLSBAD - AGEWA BILL B # )3 4 90 INDUSTRIAL ZONES EPT. PLN AC~REEMENT TO STUDY THE SAFETY AND ECONOMIC 7 ISSUES ASSOCIATED WITH CHILD CARE USES IN THE TG. I"9(o TITLE- I ECOMMENDED ACTION: If Council concurs, ADOPT Resolution No. % , authorizing the Mayor to enter into an agreement with the consulting firm of David J. owers & Associates, Inc. to prepare an analysis of the safety and economic issues associated with child care uses in the industrial zones. ITEM EXPLANATION In August 1995, Council directed staff to hire a consultant to prepare a study analyzing the impacts associated with locating child care facilities in the industrial zones. A consultant will address the first two phases of a three-phased approach to address the major issue areas. Staff will address the third phase. The following tiered approach is necessary because each step of the analysis is dependent upon the prior phase/s for direction: 1. Safetv Issues. The health and safety risks of locating child care in the City's industrial areas will be identified and evaluated. Potential mitigation measures will be proposed to mitigate impacts. Staff will return to council to determine if proposed mitigation measures are acceptable to council. If mitigation measures are determined to be satisfactory, the study will proceed to Phase II. + 2. Economic Impacts. The economic impacts of locating child care in the industrial areas will then be identified and evaluated. Issues to be addressed would include increased liability, expansion constraints, and increased regulatory processes for surrounding industrial operations. This phase will also examine the economic implications for the City with regard to liability and the long term ability of the City to attract desirable businesses. 3. Land Use Issues. In this phase, staff will analyze the land use implications of locating child care in industrial zones based on data generated from the first two phases of the study. Recommendations will then be presented to the Council for consideration and inclusion in the Child Care Ordinance. Requests for proposals were sent to eleven firms. After thorough review and analysis of the four submitted proposals, two firms were selected for interview by a selection committee. Proposals from these firms range from $25,600 to $45,415. Based on the proposals, interviews, and scope of work, the selection committee recommends that the firm of David J. Powers & Associates, Inc. be selected to conduct the study. David J. Powers &Associates, Inc. contract was the highest proposal received; however, this firm had the most comprehensive scope of work as well as the most extensive experience with the impacts of hazardous materials. Powers was the only firm that also had prior experience with the environmental impacts related to child care facilities in industrial areas. -. PAGE 2 OF AGENDA BILL NO. 13, y?o FISCAL IMPACT The fiscal impact for both phases of this contract total $45,415. If Phase I concludes there are unmitigable health and safety risks, the study will be terminated with the cost at that point of $36,965.00. If risks can be reduced and council determines mitigation measures are acceptable, the study would proceed to Phase II at an additional expense of $8,450.00. Staff recommends that Council contingency funds be utilized to fund the study. EXHIBITS 1. City Council Resolution No. 9 (0 - 19 2. Agreement with David J. Powers & Associates, Inc. 1 ' < 4 c E 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DAVID J. POWERS & ASSOCIATES, INC. FOR CONSULTING SERVICES TO PREPARE A STUDY ANALYZING THE HEALTH, SAFETY, AND ECONOMIC IMPACTS OF LOCATING CHILD CARE FACILITIES IN INDUSTRIAL AREAS. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and David J. Powers & Associates, Inc., for consulting services to prepare a study analyzing the health, safety, and economic impacts of locating childcare facilities in industrial areas, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 3. The amount of Forty-five Thousand Four Hundred Fifteen Dollars and No Cents ($45,415.00) is hereby appropriated from the unappropriated fund balance of the general fund to the Planning Department professional services account to support the costs of this study. .... .... .... .... .... .... .... J i * - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 16th day of JtmARY , 1996. ATEST: AYES: Council Members Lewis, Nygaard, Kulchin, Hall NOES: Council Member Finnila ABSENT: None ABSTAIN: None J . ~ AGREEMENT THIS AGREEMENT, made and entered into as of the day of J6w Ad, 19&, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and DAVID J. POWERS AND ASSOCIATES, INC. hereinafter referred to as "Contractor." RECITALS City requires the services of an environmental consulting firm to provide the necessary service to identify, analyze, and evaluate the health, safety, and economic impacts associated with locating child care in industrial areas; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS (a) The CONTRACTOR shall prepare a study analyzing the health, safety, and economic impacts of locating childcare facilities in industrial areas. Specific tasks shall include all items as outlined in Attachment A, attached and made a part hereof. 2. CITY OBLIGATIONS (a) The CITY shall make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY shall make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposes project. (c) The CITY shall coordinate all meetings, including CITY hearings and 1 Rev 10116/95 ~ .li associated hearings in writing by the Planning Director. 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 competed within one hundred thirty (130) days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Planning Director. The Planning Director will give allowance for docurnentated and substantiated unforeseeable and unavoidable delays not caused by lack of foresight on the part o the Contractor, or delays caused by City inaction o other agencies' lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be thirty-six thousand nine hundred sixty five dollars ($36,965) for Phase I and eight thousand four hundred fifty dollars ($8,450) for Phase II. 5. DURATION OF CONTRACT This agreement shall extend for a period of one hundred thirty (130) days from date thereof. The contract may be extended by the City Manager for additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City's needs. The parties shall prepare extensions in writing indicting effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor prior to the thirtieth (30th) day of the month the invoice was submitted. .... ... 2 r 7. FINAL SUBMISSIONS Within thirty (30) days of completion and approval of the items outlined in Attachment A, the Contractor shall deliver to the City the following items: (a) Any items provided by the City utilized to prepare the items outlined in Attachment A. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor 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 Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor 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 3 RBY rotraiss i agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor's 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 Contractor by certified mail of the termination of the contractor, The Contractor, 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 Contractor 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. 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 Contractor 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 Contractor 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. ... 4 Rev. lolla/s5 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 Contractor or the City Planning Director. A copy of such documented dispute 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. CLAIMS AND LAWSUITS The Contractor shall agree that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These 5 Re" 10/18185 1 provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The Contractor shall acknowledge that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or 9.Q. improvement for a period of up to five years. ~ (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. __ (Initial) 14. STATUS OF THE CONTRACTOR I> .T The Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor 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 persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or his/her employees or subcontractors. The City shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the Contractor or his/her employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' 6 Rev lOllBiQ5 0 compensation payment which the City may be required to make on behalf of the Contractpr or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor 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, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS 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. Contractor shall have the right to make one (1) copy of the plans for his/her records. 17. REPRODUCTION RIGHTS The Contractor 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. 7 18. HOLD HARMLESS AGREEMENT The City, its elected and appointed 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, or any intentionally wrongful or negligent acts, errors or omissions of Contractor or Contractor's agents, employees, or representatives. Furthermore Contractor agrees to defend, indemnify, protect and hold free and harmless the City and its elected and appointed officers and employees against any claims, damages, liabilities, costs and expenses, including, but not limited to, attorneys' fees, arising out of Contractor's intentionally wrongful or negligent performance of its project managementlreport preparation sewices pursuant to this agreement. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 8 City hereby acknowledges Contractor's engagement of the subcontractors named in the attachment referred to in paragraph 1 Contractor's Obligations. Contractor acknowledges that subcontractor Environs shall, in addition to the above-stated contract provisions, be required by said subcontract to obtain and maintain the Professional Liability Insurance coverage shown as stricken for Contractor and other subcontractors from paragraph 26 A 4. Contractor shall also require in said subcontract that subcontractor Environs shall defend, indemnify, protect, and hold free and harmless the City and its elected and appointed officers and employees against any claims, damages, liabilities, costs or expenses, including, but not limited to attorneys' fees, arising out of its intentionally wrongful or negligent performance of said subcontract. 21. 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 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 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 Contractor to any additional payment whatsoever under the terms of this contract. 9 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City's conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V and shall meet the City's policy for insurance as stated in Resolution No. 91-403. ... .... 10 Rev lollales i .-/ A. Coveraqes and Limits. ~- Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability (if the use of an automobile is involved for contractor's work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation and Professional Liability Insurance, if applicable. 2. The contractor shall furnish certificates of insurance to the City before commencement of work. 3. The contractor shall obtain occurrence coverage, excluding Professional Liability, if applicable, which shall be written as claims-made coverage. 11 Rev 10110105 'j _- 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the contractor or deduct the amount paid from any sums due the contractor under this agreement. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: Title Name Address Title Name Address Plannincl Director Michael J. Holzmiller 2075 Las Palmas Drive Carlsbad, CA 92009 President David J. Powers 1885 The Alameda. Suite 204 San Jose, CA 95126 12 28. BUSINESS LICENSE Contractor shall obtain and maintain a City c duration of the contract. If Carlsbad Business License for the Executed by Contractor this day of I 19". CONTRACTOR: David J. Powers & Associates Inc. of the State of (name of Contractor) CITY OF CARLSBAD, a municipal (sign here) (print name/title) David Powers, President ATTEST: City Clerk (print name/title) (Proper notarial acknowledgment of execution by Contractor 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 secretaryunder corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL BY Q. L &p&+City Attorney /-/ 7- 96 . 13 c GENERAL ACKNOWLEDGMENT CAL- 2: JA*7* cc*<r the undersigned Notary Public, personally appeared 0 personally known to me My Commissisn Expires Feb. 13, 1999 Notary’s Signature , ATTACHMENT A SCOPE OF WORK'- PHASE I David J. Powers & Associates, Inc. (DJF'&A) proposes to complete a Study Report which would address the public health and safety issues related to locating child care facilities within industrial areas in Carlsbad. The Study Report would be prepared by a multi-disciplinary team which includes DJP&A, Environ, and Eriksen-Rattan Associates. The risk assessment sections of the report would be prepared by Environ, a firm with extensive experience preparing Risk Management Programs and health impacts evaluations. Task 1: Evaluation of Relative Hazard From Hazardous Materials Task 1 in this scope of work would consist of an assessment of the potential hazards associated with hazardous materials in the City's planned industrial areas. We propose the following revised work items to complete this task. Task 1A: Evaluating Industry Types The City of Carlsbad will provide a list of industry types which should evaluated in this assessment. This will include existing companies, and industries considered likely to locate in the industrial areas of Carlsbad. DJP&A and Environ will evaluate the information provided and clarify any augment the list as discussed with City staff. Task 1B: Identification of Hazardous Materials Use By Industry Type Hazardous materials associated with each industry type would be compiled from available public records and data bases. San Diego County Environmental Health Services will make available their computerized data base, which will be in Paradox or another manipulable IBM- PC compatible data base. Task 1C: Evaluation of Available Risk Management and Prevention Program Reports Publicly available Risk Management and Prevention Program (RMPP) reports would be evaluated to estimate the potential impacts that may result from accidental spills from each of the identified industry types. The RMPPs would be reviewed to determine the distances that airborne hazardous materials would travel if there was an accidental spill based upon the estimated isopleths (lines drawn on a map through points of equal concentration) for airborne compounds. Each RMPP reviewed would be for a type of industry representative of existing and future developmcnt in Carlsbad . For cost estimating purposes, it is assumed that only three of the live industry types described above under Task IA would have RMPPs available. Other industries which would not require an RMPP due to low quantities of hazardous chemical use, would also be noted in the rwort. Task 11): Potential Off-site Concentrations of Hazardous Materials 'lhc potential ofl-site concentrations of hazardous substanccs would be summarizcd by both industry typc and by the cxtcnt of potential conccnlrations of concern. 'fhc distances would be discussed in terms of the land potentially available in the industrial zone, and the type or buffer that might be required to ensure that any child care facility is outside a zone of potential impact. Task 1E: Effects of Short-Term Exposure Short-term exposures to chemicals can cause adverse health effects as well as nuisance problems (such as odor or minor irritation). The health and nuisance effects from short-term exposures to high concentrations of hazardous materials arc not necessarily the same as health effects from long-term exposure to low levels of chemicals. For most chemicals, the information available to establish standards for short-term exposures are quite limited. Individual exposure limits and community action levels are available from government agencies or other nonregulatory authorities for relatively few chemicals. This is a distinct limitation when trying to design a comprehensive action plan for preventing and responding to acute chemical releases. Further complicating the issue is a general recognition and widespread concern that children are more sensitive to chemical exposures than are adults. The Study Report will identify the most prominent and reliable sources of information on individual exposure limits and community action levels for short-term exposures. In addition, we will collect and summarize the recommended exposure limits and action levels for the chemicals associated with industries identified in Tasks 1 C and ID. To specifically address the concern for children, we would discuss the factors that can cause children to be more sensitive to some chemicals than adults and we would evaluate the chemicals mentioned above to determine if there are any specific reasons to believe that children would be more sensitive than adults to those specific chemicals. For purposes of cost estimation, we assume that no more than four chemicals would be addressed under this task. Task 1F: Qualitative Evaluation of the Risks of Accidents for Various Industry Types . The impacts from accidental releases presume that the worst case releases and meteorological conditions occur simultaneously. In fact, the likelihood of worst-case releases is generally quite small. When combined with the potential for worst-case meteorological conditions, the probabilities of maximum impacts from potential accidents are usually so small as to be statistically insignificant. It is not proposed, therefore, to prepare the qualitative risks for the types of less hazardous materials anticipated to be present in the Carlsbad industrial area. The exception is when an extremely toxic substance is likely to be present in a quantity sufficient to present a fatal hazard. It is therefore proposed to do only a “fatal flaw” analysis to determine whether a significant hazard is likely to exist. If such a hazard is found, additional calculations can be prepared on a time and materials basis. Task IG: Evaluation of Ambient Air Quality and Impacts A final part of Task I would involvc an cvaluation of the ambient air quality or the planned industrial area and its impact on children. This section would consist of a prescntation ofthe availablc information Iron1 thc Air Pollution Control District, including a review ofthe standards relative to scnsitivc rcccptors for the substanccs identificd in the Carlsbad industrial areas. 2 Task 1H: Evacuation and Protection An evaluation will be done of a sampling of existing (2-3) emerghcy plans within the specified industrial area with respect to evacuation and protection procedures. A discussion will be provided of issues associated with evacuating children versus the potential reduction in exposure by measures such as "shelter in place". In particular, the impact of indoor/outdoor differences in air concentrations and the reduction of the deposition of particulate matter would be discussed. Task 2: This task involves the evaluation of potential hazards to child care facilities within commercial zones of the City. Child care facilities are currently allowed to be located within commercial zoncs without restriction as to adjacent commercial uses. This will consist of a general characterization of the kinds of risks associated with transportation of hazardous materials through commercial areas, based on the relationship of the industrial zones to nearby transportation arteries, and a discussion of the types of commercial users which might create hazardous materials risks. Task 3: Prenaration of Illustrative Chart David J. Powers & Associates will prepare a comparison chart showing the health and safety risks of permitting child care facilities in the industrial areas of the City. The chart will include information gather during the completion of Tasks I and 2 of the study. The information will be presented in a prolcon or similar format based upon the needs of City staff. Task 4: Child Care Needs Assessment Update Gruen Gruen+Associates will provide an update on the need for child care services in the industrial area, using the January 1991 assessment prepared for the City of Carlsbad by International Child Resource Institute. Meetinrs: Phase I will include attendance by one principal from both DJP&A and Environ at two meetings, or attendance by two principals by DJP&A and two staff members from Environ at one meeting. 3 SCOPE OF WORK - PHASE I1 ~ The assessment of economic impacts of locating child care facilities in industrial areas will be examined by Gruen Gruen+Associates (GG+A) in association with David J. Powers & Associates. This task will also require significant input from City Staff. ~ Past GG+A research has found a direct correlation between obtainable lease rates and the provision of child care in commercialloffice projects. Generally, these impacts can be evaluated in quantitative terms. It is our belief that a similar correlation is likely to exist within industrial centers. This benefit is likely to impact land values and rents regardless of whether child care is provided by third-party child care providers or by employers wishing to provide child care for their employees on-site. However, the economic impacts may be manifested differently - in terms of rents or in terms of land values. Both will be considered in this analysis. To research this hypothesis we will undertake the following steps: GG+A will work with the City to identify the areas, zoning and types of industrial users located in Carlsbad where child care is contemplated. GG+A will also work with David J. Powers to catalogue the specific industrial tenants within the area(s) considered. rn GG+A will address the increased cost of insurance to the industrial users if child care is located near thcir facilities. m GG+A will interview brokers, developers and property managers in Carlsbad and San Diego County to evaluate whether proximity to child care enhances a project's ability to attain higher rents, increase absorption and/or decrease vacancy. The primary focus of this step will be on industrial properties; however, we will also consider the provision of child care facilities within commercial/oftice centers. During this step we will generally attempt to identify areas within San Diego County where child care is provided and how the provision of this service affects local real estate markets. GG+A will interview a select sample of industrial developers and property managers nationally, and conduct additional research (primarily through the Urban Land Institute and the National Association of Industrial and Office Parks) to evaluate the impact of child care on industrial properties. GWA will review industrial rcnts, land values and vacancy rates in Carlsbad IO understand current market conditions. We will also examine areas within the County where child carc is provided (described previously) to understand how it alTccts market rcnts and land values. We will then apply the findings of our research to estimate the likely impact on rents and the corresponding impact on prqxrty values ilchild carc were to bc locatcd within existing industrial areas. Wc will also dcscribc thc qualihtivc impacts associatcd with child care uncovcrcd in our rcscarch. 'I'llcsc findings will be summarized in a Icttcr report. . PRELIMINARY SCHEDULE DATE Day 1 Day 8 Day 64 through Day 78 CHILDCARE FACILITIES IN INDUSTRIAL AREAS STUDY PHASE I TASK Receipt of the information identified in Task 1A of the Revised Scope of work from City of Carlsbad. It can be assumed that there may need to be some clarification and/or discussion about this information, which could take up to one week. Assuming that the computerized data base is received from county environmental health prior to this date, completion of tasks 1 B, lC, 1 E, 1 F, 1 G, 1 H , and 2 will take approximately eight to ten weeks to complete. This time period can be shortened or lengthened somewhat depending on whether or not the data base is found to be easily manipulated, if relatively little additional information is found to be needed, if additional documents (such as RMPP's) are easily obtained from San Diego County. In addition, updating the needs assessment (Task 4) would be completed during this time frame. Begin preparation of illustrative chart (Task 3), in consultation with City staff and completion of Administrative Draft report. The length of time necessary to complete these two tasks will depend greatly on how straightforward the information resulting from the earlier work is. In addition, it is anticipated that significant discussions and iterative review by City staff will be necessary. Completion of a first draft of the chart should take approximately ten to fourteen days. Depending on necessary revisions, the final chart should be complete within three weeks. The Administrative Draft of the report should be ready for staff report during the same time frame. Submittal of complete Administrative Draft report to City staff. Subsequent editinghevisions to the report could be completed within two weeks.