Loading...
HomeMy WebLinkAbout1997-06-24; City Council; 14237; AGREEMENT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE CARLSBAD GOLF COURSE PROJECT EIR 97-011 t AGREEMENT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE CARLSB COURSE PROJECT RECOMMENDED ACTION: ADOPT Resolution No. "13- 51 3 APPROVING an agreement with Cotton Associates, Incorporated for the preparation of an Environmental Impact Repoi Carlsbad Golf Course Project. ITEM EXPLANATION: Request for Proposals for the preparation of an Environmental Impact Report for the Golf Course Project were sent to seven (7) consulting firms, five (5) of which submit1 proposals to the Planning Department. The Planning Department conducted a thorou of all five (5) of the proposals, the responses to the scope of work, the experien individuals involved and the firm itself, performance and product delivery schedules, After reviewing all proposals, staff recommends that Cotton - Beland Associates, Inc be hired to prepare the Environmental Impact Report for this project. The Cotton proposal was well prepared, exhibited a thorough understanding of the scope of \ included a schedule and cost proposal that was acceptable to staff given the complexi project. Cotton - Beland is the firm that successfully completed in 1995-96 the Envi, Impact Report for the Carlsbad Ranch and LEGOLAND project. The firm, and the ii who will conduct the Carlsbad Golf Course Project EIR, are experienced with this tyF and very familiar with the City's policies and procedures. Therefore, staff recommends the attached consulting agreement with Cotton Associates, Incorporated be approved. FISCAL IMPACT: The total cost of the consulting services to prepare the complete Environmental Imp Sufficient funds exist within the Carlsbad Golf Course Project account for this A Z 5 6 0 1 ( 4bb. 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 e RESOLUTION NO. 97-513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTING AGREEMENT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE CASE NAME: CARLSBAD GOLF COURSE PROJECT CASE NO: EIR 97-01 The City Council of the City of Carlsbad, California, does hereby follows : 1. That a consulting agreement with Cotton - Beland Associates, Incor consulting services to prepare an Environmental Impact report for the Carlsbad G Project is hereby approved and the Mayor is authorized to execute said agreement. 2. Following the Mayor's execution of said agreement, the City Clerk is forward copies of this resolution and said agreement to Cotton - Beland Associates, In attention: Mr. John Bridges, 63 10 Greenwich Drive, Suite 220, San Diego. California Planning Department, and the Community Development Department. PASSED. APPROVED, AND ADOPTED at a regular meeting of the City COL City of Carlsbad, California, on the 24th day of June , 1997, by thc vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and NOES: None _ABSEhTT: None ATTEST: / '3 --$. LlJLlL& 1- ?A) 17,. QJ&A AI,E?'I iA I, KAiJ I I:NKRANZ, City C'ICI k T (sl;nr,) I e 0 -2 AGREEMENT WITH CONSULTANT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT THIS AGREEMENTl made this 17 th day of JULY l 192, between CITY OF CARLSBAD, a municipal corporation of the State of California, hereina referred to as "CITY", and COTTON BELAND ASSOCIATES INCORPORAT hereinafter referred to as "CONTRACTOR". RECITALS WHEREAS, the CITY agrees to prepare an Environmental Impact Report (E for the proposed project identified as the Carlsbad Municipal Golf Course whicl located north of Palomar Airport Road at College Boulevard and more precis shown on the plat marked Attachment 1, attached hereto and made a part hereof; an WHEREAS, the CONTRACTOR has the qualifications to prepare the requi Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR shall be an independ contractor of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditio the parties hereto agree as follows: I. CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare an Environmental Impact Report on the subj project in accord with the California Environmental Quality Act as implemented by T: State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and implementing resolutions. In carrying out this obligation the CONTRACTOR'S dut shall include the following: 1 Rev. 10/25, I e 0 -2 (a) The CONTRACTOR shall, consistent with the Work Program containet Attachment 2, (1) make all necessary and required field explorations, reviews and te$ (2) make all necessary and required laboratory tests and analyses; (3) appear and prepared to answer questions and prepare testimony on the final Environmental Imp Report at all public hearings before the Planning Commission and the City Council p to the certification of the report; (4) make all reports necessary to comply with requirements of this section. Before preparing the draft report, the CONTRACT shall submit ten copies of a preliminary report (1st screen check EIR) to the Plann Director for staff review. The CONTRACTOR shall revise the preliminary report requested by staff in order to make it suitable for draft EIR review. The CONTRACT shall submit ten copies of a second and third preliminary report (2nd and : screen check EIR) to the Planning Director for staff review if necessary and determined by the Planning Director. The CONTRACTOR shall subsequer revise the preliminary report as requested by staff in order to make is suitable draft EIR review. (b) CONTRACTOR shall prepare a draft report in compliance with the v\1 Program contained in Attachment 2 on file at the Planning Department (unle: otherwise stated in this agreement), attached hereto and made a part hereof and v applicable state law and CITY ordinances. The CONTRACTOR shall submit to C one single sided reproducible master of the draft Environmental Impact Report to CITY as well as a 3lL” diskette of the draft EIR in Word for Windows 7.0 or I: format. ... 2 Rev. 10/2r 1 l @ e t w-. (c) CONTRACTOR shall attempt to determine as soon as possible in I study of the area involved, those factors which could severely inhibit or prohibit i proposed project. If it appears that such factors are present, CONTRACTOR shall inform the Planning Director who in turn will discuss with the applicant the feasibility continuing with the report. The objective of this subsection of the agreement is minimize the cost if these adverse factors exist. (d) CONTRACTOR shall prepare and file with the CITY written response: all comments received subsequent to public notice that the draft Environmental Imp Report has been filed. CONTRACTOR shall also prepare any response necessaq matters raised at the public hearings. The written responses shall be prepared in a fc that will permit the responses to be incorporated into the final Environmental ImF Report. 2. CITY OBLIGATIONS (a) The CITY will make payment to the CONTRACTOR as provided for in agreement. (b) The CITY will make available to the CONTRACTOR any docume studies, or other information in its possession related to the proposed project. (c) The CITY will review the 1st Preliminary Report presented by CONTRACTOR within ten working days of their receipt and within five working d for subsequent preliminary reports and make written comments to CONTRACTOR within the specified time periods. ,#I ... 3 Rev. lo/; I I 0 0 >PA (d) The CITY shall provide the CONTRACTOR with copies of a\\ wrrtl comments received on the draft Environmental Impact Report subsequent to put notice that the draft Environmental Impact Report has been filed and is available public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It understood that inclement weather conditions may delay the completion of field WOI The CONTRACTOR will be allowed as many additional days as are necessary compensate for days lost due to inclement weather. The CONTRACTOR shall sub to the CITY ten copies of the Preliminary Environmental Impact Report within six wec of the signing of this agreement by both concerned parties. The CONTRACTOR SI submit to the CITY one single sided reproducible copy of the draft Environmei Impact Report within twenty working days of the completed staff review of the Preliminary Environmental Impact Report. 4. PAYMENT The CONTRACTOR will be paid a maximum of $67,825.00 dollars for all VL necessary to carry out the requirements of this agreement. Actual payment shall based on the cost of the report based on the costs as set forth in Attachment 2 on filc the Planning Department. The CONTRACTOR shall be paid within 30 days response to invoice, for up to 70 percent of the compensable services for completion of the screen check draft Environmental Impact Report in accordance 1 Paragraph 1 above. The CONTRACTOR will be paid up to an additional 15 per( upon acceptance by the CITY of the response to comments from the CONTRACT 4 Rev. 1042 a 0 sr"t- a the final 15 percent will be paid, not to exceed the maximum amount provided in agreement, within 45 days after receipt of invoice, to be submitted after the certificat of the Environmental Impact Report by the City Council. 5. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum $67,825.00 which amount is estimated to be sufficient to compensate CONTRACTOR for all services performed hereunder during the terms of agreement. In the event at any time it appears to the CONTRACTOR that said s may not be sufficient, he shall immediately so notify the Planning Director. He will perform any work or incur any obligation beyond said sum of $67,825.00 with appropriate amendment to this agreement. 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOF the CITY and informal consultations indicate that a change in the conditions of contract is warranted, the CONTRACTOR or the ClW may request a change in contract. Such changes shall be processed by the CITY in the following manner letter outlining the required changes shall be forwarded to the CITY or CONTRACT to inform them of the proposed changes along with a statement of estimated change charges or time schedule. After reaching mutual agreement on the proposal supplemental agreement shall be prepared by the CITY and approved by the C according to the procedures described in Carlsbad Municipal Code Section 3.28.1 Such supplemental agreement shall not render ineffective or invalid unaffected porti of the agreement. Changes requiring immediate action by the CONTRACTOR or 5 Rev. 10/2 1 0 e I b--k CITY shall be ordered by the Planning Director who will inform a principal of CONTRACTOR'S firm of the necessity of such action and follow up with a suppleme agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for chanc either additive or deductive, in the scope of work, provided such changes processed according to the procedures in this paragraph. 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained company or person, other than a bona fide employee working for the CONTRACT to solicit or secure this agreement, and that CONTRACTOR has not paid or agree pay any company or person, other than a bona fide employee, any fee, commiss percentage, brokerage fee, gift, or any other consideration contingent upon, or resu from, the award or making of this agreement. For breach or violation of this warri the CITY shall have the right to annul this agreement without liability, or, ir discretion, to deduct from the agreement price or consideration, or otherwise recc the full amount of such fee, commission, Percentage, brokerage fees, gift, or contin fee. 8. NONDISCRIMINATION CLAUSE The CONTRACTOR shall comply with the state and federal laws regar nondiscrimination. ... ... ... 6 Rev. IO/: I 1 e * 0 b-4 9. TERMINATION OF CONTRACT The CITY may terminate this agreement at any time by giving written notice the CONTRACTOR of such termination and specifying the effective date thereof, least fifteen days prior to the effective date of the termination. In the event termination, all finished or unfinished documents and other materials prepared pursui to this agreement shall become its property. Upon termination for reasons other tt- breach of this agreement CITY shall pay CONTRACTOR the reasonable value of 1 services completed to the date of notice of determination. IO. DISPUTES If a dispute should arise regarding the performance of work under t agreement, the following procedure shall be used to resolve any question of fact interpretation not otherwise settled by agreement between parties. Such questions they become identified as a part of a dispute among persons operating under ' provisions of this contract, shall be reduced to writing by the principal of CONTRACTOR or the CITY Planning Director. A copy of such documented disp! shall be forwarded to both parties involved along with recommended methods resolution which would be of benefit to both parties. The CITY Planning Director principal receiving the letter shall reply to the letter along with a recommended metk of resolution within ten (IO) days, If the resolution thus obtained is unsatisfactory to ' aggrieved party, a letter outlining the dispute shall be fonnrarded to the City Council their resolution through the office of the City Manager. The City Council may then I to consider the directed solution to the problem. In such cases, the action of the C Council shall be binding upon the parties involved, although nothing in this procedi 7 Rev. 10/22 r e e -- -* shall prohibit the parties seeking remedies available to them at law. 11. CLAIMS AND LAWSUITS The CONTRACTOR agrees that any contract claim submitted to the City m be asserted as part of the contract process as set forth in this agreement and no anticipation of litigation or in conjunction with litigation. The CONTRACT acknowledges that if a false claim is submitted to the City, it may be considered fr: and the CONTRACTOR may be subject to criminal prosecution. The CONTRACT acknowledges that California Government Code Sections 12650 et seq., the Fz Claims Act, provides for civil penalties where a person knowingly submits a false cl to a public entity. These provisions include false claims made with deliberate ignora of the false information or in reckless disregard of the truth or falsity of information the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, entitled to recover its litigation costs, including attorney’s fees. The CONTRACT acknowledges that the filing of a false claim may subject the CONTRACTOR to administrative debarment proceeding wherein the CONTRACTOR may be preventec act as a contractor on any public work or improvement for a period of up to five years. The CONTRACTOR acknowledges debarment by another jurisdictior grounds for the City of Carlsbad to disqualify the CONTRACTOR from the selec process. e (Initial) The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.C 3.32.027 and 3.32.08 pertaining to false claims are incorporated herein by reference v (Initial) ... 8 Rev. 10/2 a 0 . --. 12. STATUS OF THE CONTRACTOR The CONTRACTOR shall perform the services provided for herein CONTRACTOR'S own way as an independent contractor and in pursuit CONTRACTOR'S independent calling, and not as an employee of the Cln CONTRACTOR shall be under control of the CITY only as to the result to accomplished, but shall consult with the CITY as provided for in the request proposal. The persons used by the CONTRACTOR to provide services under ' agreement shall not be considered employees of the CITY for any purpo whatsoever. The CONTRACTOR is an independent contractor of the CITY. The payr-r made to the CONTRACTOR pursuant to the contract shall be the full and comp compensation to which the CONTRACTOR is entitled. The CITY shall not make federal or state tax withholdings on behalf of the CONTRACTOR or hidher employ or subcontractors. The CITY shall not be required to pay any workers' compensa insurance or unemployment contributions on behalf of the CONTRACTOR or his employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACl agrees to indemnify the CITY for any tax, retirement contribution, social sea overtime payment, or workers' compensation payment which the CITY may be requ to make on behalf of the CONTRACTOR or any employee of the CONTRACTOF work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigr: Reform and Control Act of 1986 and shall comply with those requirements, incluc but not limited to, verifying the eligibility for employment of all agents, employ 9 Rev. IO/; L 0 0 a -- . subcontractors and CONTRACTORS that are included in this agreement. 13. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIALS All documents and materials prepared pursuant to this agreement are property of the CITY. The CITY shall have the unrestricted authority to publi disclose, distribute and otherwise use, in whole or in part, any reports, data, or ot materials prepared under this agreement. The CONTRACTOR agrees that all copyrights which arise from creation of work pursuant to this contract shall be vested in CITY and hereby agrees to relinqi all claims to such copyrights in favor of CITY. 14. RELEASE OF INFORMATION BY CONTRACTOR Any reports, information or other data, prepared or assembled by CONTRACTOR under this agreement shall not be made available to any individu2 organization by the CONTRACTOR without prior written approval of the CITY. 15. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad its officers, officials, employees and volunteers from and against all claims, damal losses and expenses including attorney fees arising out of the performance of the \i described herein caused in whole or in part by any willful misconduct or negligent a omission of the CONTRACTOR, any subcontractor, anyone directly or indirc employed by any of them or anyone for whose acts any of them may be liable, ex where caused by the active negligence, sole negligence, or willful misconduct 0' City of Carlsbad. 10 Rev. IO/: I 0 0 1 -* CONTRACTOR shall at its own expense, upon written request by the Ci defend any such suit or action brought against the City, its officers, officials, employe and volunteers. CONTRACTOR’S indemnification of City shall not be limited by i prior or subsequent declaration by the CONTRACTOR. 16. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof’ or any rnon due or to become due thereunder without prior written consent of the CITY. 17. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed un this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to CITY for the acts and omissions of its subcontractor and of the persons either directl! indirectly employed by its subcontractor, as it is for the acts and omissions of persc directly employed by it. Nothing contained in this contract shall create any employe( contractual relationship between any subcontractor of CONTRACTOR and the Cll The CONTRACTOR shall bind every subcontractor and every subcontractor of subcontractor by their terms of this contract applicable to its work unless specific noted to the contrary in the subcontract in question approved in writing by the CITY. 18. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the C to negotiate, make, accept or approve, or to take part in negotiating, making, acceF or approving any architectural, engineering, inspection, construction, or material su contract or subcontract in connection with the construction of the project, shall becc directly or indirectly interested personally in this contract or in any part thereof. 11 Rev. 10/2 0 0 .b 1 officer, employee, architect, attorney, engineer or inspector of or for the CITY whc authorized in such capacity and on behalf of the CITY to exercise any executi supervisory or other similar functions in connection with the performance of this contr shall become directly or indirectly interested personally in this contract or any r hereof. 19. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or CITY, either before, during or after the execution of this contract, shall affect or mol any of the terms or obligations herein contained, nor shall such verbal agreemen' conversation entitle the CONTRACTOR to any additional payment whatsoever unl the terms of this contract. 20. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph IO, "Hold Harmless Agreement", all tert conditions, and provisions hereof shall inure to and shall bind each of the par hereto, and each of their respective heirs, executors, administrators, successors, i assigns. 21. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writ above. 22. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City CI in accordance with the requirements of the City of Carlsbad Conflict of Interest Co The CONTRACTOR shall report investments or interests in all four categories. 12 Rev. 1012f e 0 *& 1 23 I INSURANCE The CONTRACTOR shall obtain and maintain for the duration of the contr and any and all amendments insurance against claims for injuries to persons damage to property which may arise out of or in connection with performance of work hereunder by the CONTRACTOR, his agents, representatives, employees subcontractors. Said insurance shall be obtained from an insurance carrier admit and authorized to do business in the State of California. The insurance carriei required to have a current Best's Key Rating of not less than "A-:V' and shall meet City's policy for insurance as stated in Resolution No. 91 -403. A. Coveraqes and Limits. CONTRACTOR shall maintain the types of coverages and minimum lir indicated herein, unless a lower amount is approved by the City Attorney or ( Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combii single-limit per occurrence for bodily injury, personal injury and property damage. If submitted policies contain aggregate limits, general aggregate limits shall a1 separately to the work under this contract or the general aggregate shall be twice required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved CONTRACTOR'S work for the City). $1,000,000 combined single-limit per acciden bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Worl Compensation limits as required by the Labor Code of the State of California 13 Rev. IO/; 0 0 8 *b Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate the CONTRACTOR'S profession with limits of not less than $1,000,000 per cla Coverage shall be maintained for a period of five years following the date of complet of the work. B. Additional Provisions. CONTRACTOR shall ensure that the policies of insurance required un this agreement contain, or are endorsed to contain, the following provisions. I. The City shall be named as an additional insuredl on all polic excluding Workers' Compensation and Professional Liability. 2, The CONTRACTOR shall furnish certificates of insurance to City before commencement of work. 3. The CONTRACTOR shall obtain occurrence coverage, excluc Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement any extension thereof and shall not be canceled without 30 days prior written notic the City sent by certified mail. 5. If the CONTRACTOR fails to maintain any of the insura coverages required herein, then the City will have the option to declare CONTRACTOR in breach, or may purchase replacement insurance or pay premiums that are due on existing policies in order that the required coverages ma maintained. The CONTRACTOR is responsible for any payments made by the Ci obtain or maintain such insurance and the City may collect the same from 14 Rev. IO/; 0 0 I jh CONTRACTOR or deduct the amount paid from any sums due the CONTRACT( under this agreement. 24. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to rece written notice on behalf of the City and on behalf of the CONTRACTOR in connect with the foregoing are as follows: For City: Title: Associate Planner Christer Westman Name: Address: 2075 Las Palmas Drive , Carlsbad, CA 92009 For Contractor: Title: Principal Name: John E. Bridges Address: 6310 Greenwich Drive, Suite 200 San Diego, CA 92122 ArchitecVLicense Number: Architect/ License Number: 25. BUSINESS LICENSE CONTRACTOR shall obtain and maintain a City of Carlsbad Business Lice for the duration of the contract. 26. ENTIRE AGREEMENT This agreement, together with any other written document referred tc contemplated herein, embody the entire agreement and understanding between parties relating to the subject matter, hereof. Neither this agreement nor any provi 15 Rev. 1012 0 0 *bi hereof may be amended, modified, waived or discharges except by an instrumen writing executed by the party against which enforcement of such amendment, waive discharge is sought. ... ... ..I ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 16 Rev. 10/2 a 0 Executed by CONTRACTOR this /7& day of dD? ,19flz- . -I , CONTRACTOR: &m/mD/w=] m- v (Name of Contractor) ATTEST: &9HdF*&GqS5 v r .GJ! (print namehit le) fz4-R ALETHA L. RAUTENKRA’NZ, City Cle By: (sign here) (print namekitle) (Proper notarial acknowledgment of execution by CONTRACTOR must be attached) (President or vice president AND secretary or assistant secretary must sign corporations. If only one officer signs, the corporation must attach a resolution certii by the secretary or assistant secretary under corporate seal empowering that office bind the corporation) APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Rev 10/2t . 0 e * &I CO?TON/BELAND/ASSOCIATES, INC. CONSENT TO ACTION BY BOARD OF DIRECTORS WITHOUT MEETING The undersigned directors of Cotton/Beland/Associates, Inc., a Californ Corporation, hereafter referred to as the "Corporation", consent to the followir action of the board of directors of the Corporation without a meeting by unanimous consent of all directors of the Corporation: The following Resolution of the Boiard of Directors is adopted: WHEREhS, R. Dale Beland has resigned from the Corporation, RESOLVED, that Donald A. Cotton, in his absence, may author P. Patrick Mann or John E. Bridges to execute agreements for professional services on behalf of the Corporation. Dated: May 17, 1994 &&M, Donald A. Cotton, President I 0 0 m r STATE OF CALIFORNIA COUNTY OF SAN DIEGO Y \44 3 On L!b E 17; Notary Public, personally appeared &ah] before me, &NdA 5 4, <TiCWD f L . 6RIDGES- L or w proved to me on the basis of satisfactory evidence be the person(% whose name(@ @re subscribed to the within instrument a acknowledged to me that @%/t!&y executed the same i&/tMr authoriz capacity&$), and that be/tbeir signature@ on the instrument the personw, the entity upon behalf of which the person(s) acted, executed the instrument. Gc?awtB#6100 cannyano 111m WITNESS my hand and official seal. w--cdloRJo &;?1/2A4d- (Signature 6f N6tary) CARLS BAD M U N I C I PAL GOLF, COURSE B ATTACH! 0 ATTACHMENT * rfi Scope of Services and Schedu This section describes the specific tasks CBA proposes to perfo and the schedule to be followed in preparing the Environmer Impact Report for the Carlsbad Municipal Golf Course EIR. Ti objectives, work products and methods are described for e: work task. Task 1. Project Description Scope of Servicrs Objectim The purpose of this task is to prepare a project description ba on the design of the golf course and the intensity of associa development to provide the foundation for the EIR. Product Product I Draft Project Description Related Projects List Final Project Description CBA will review necessary information related to the pro available from the City and other sources. These documc Documents include the environmental technical studies that have b prepared for the project, EIR 81-09, EIR 81-06 and associz technical reports, mitigation monitoring and reporting progra CEQA findings, and other related studies included in the C existing environmental database. CBA will survey the project area and surrounding areas to ider local conditions of the natural environment, land use, traffic general environmental setting of the project. A detailed draft project description will be prepared and submi understands all aspects of the project before beginning det: analyses. The project description narrative and maps will inc the project location, potential interactions with nearby proji related actions associated with the municipal golf course, relationship of the project to local and regional plans, and a li the agencies required to act on the project proposal and sequence of approvals. The Project Description will also include the project objec and a statement of benefits that may accrue and what need met by the project. The project objectives and stateme1 justification will be prepared by the CBA after consultation Subtasks 1.1 Rmrw 1.2 hspect Pzoject kea 1.3 Project Descdption for review by the City staff. This step is to ensure that ( Carlsbad Municipal Golf Come City of Car En &omen tal Impact Report I Pro 4 e @ 0 * 11 e City staff. A final Project Description will be prepared whit incorporates revisions based on City staff review of the draft. TO identify cumulative impacts, related projects must be defin early in the EIR process. CBA will work with the City to prepz a draft list of related projects for review. CBA will also ident assumptions regarding regional growth forecasts and General PI buildout, absorption rates, and other factors important estimating cumulative impact for use in analysis of biology, traf and other impacts. Task 2. Screencheck Draft EIRs The purpose of this task is to prepare a complete screencht draft EIR, mitigation monitoring and reporting program (MMR and technical appendices for review by City staff prior publication. The document organization described is designed meet the requirements of CEQA and the CEQA guidelines for EIR. The screencheck draft will include all text, tables i figures. 1.4 Related Projects Objective PrOdUcLr Product 1 First Screencheck Draft EIR, MMRP, and Appendices Second Screencheck Draft EIR, MMRP and to City (10 three hole punched copies) Appendices to the City (10 three hole punched copies) Third Screencheck Draft EIR, MMRP and Appendices to the City (5 three hole punched copies) (optional) Subtasks CB A will contact appropriate agencies and individuals 2.f Agency Contacts identified by the City regarding potential impacts of the projecl those agencies and individuals, to obtain information for the D EIR. CBA will prepare a first screencheck EIR for the Carls Municipal Golf Course that includes the following: 2.2 First Screencheck Drafl E'w Section 1 htroduction The Introduction will summarize the legal role and purpose of EIR in the development process, and the use, structure, and sc of the EIR. The Executive Summary will identify each significant effect oj project; areas of controversy including issues raised by agen and the public; and issues to be resolved including the ch among alternatives and whether or how to mitigate signifi identif) appropriate agency findings with regard to mitigs city of Carl Section 2 txeecffve Summioly effects. The Executive Summary will be formatted to clt Carlsbad Municipal Golf Come Environmental Impact Report 2 Pro) ,I I 1. 0 0 .I r. I measures and significant effects of the project in ea environmental issues area analyzed. (Exhibits: Project Ma] Project Description Table, Environmental Impacts and Mitigati Measures Table, and Comparison of Alternatives Table) The project description will include a description of the propo: Project project, project alternatives, and the "no project" alternative. 7: project description will include project maps locating s describing the proposed project and its characteristics, rela plans, required discretionary actions, and a table and diagra describing the alternatives considered in the EIR. (Exhib Regional Setting Map, Project Location and Boundaries M appropriate) Section 3 Description Parcels Table, Comparison of Alternatives Table, others Secfion 4 This section will briefly describe the regional and IC environmental setting of the proposed project. A more deta description of the environmental setting will be included in following section discussing project impacts and mitiga measures. This section will discuss the environmental setting, basis Env&onmental thresholds) for determining impact significance, signifi environmental effects and unavoidable adverse impacts, mitiga measures for each of the project impacts, level of significance i organized in accordance with the CEQA Guidelines. Each environmental factor with potentially significant effects be discussed in the following sections: This section will describe the environmental setting for Seffng environmental factor, including the current state of environment, and any applicable local or regional plans affec the environmental factor. This section will describe the standards or criteria which act a basis for determining whether or not a project impa significant. CBA will work directly with City staff to del thresholds based on existing City policy and standards, or 1 recognized impact standards. This section provides an impc part of the evidence in the record that courts seek 5 determining whether or not an agency has properly found an t to be significant or not significant. Project-level and cumulative impacts will be described ir section. Impacts will be qualitatively and quantitatively ana to the extent possible. Where it is possible to quantita measure impacts (e.g., acreages of vegetation, water utiliz; Environmen fa1 Setting Section 5 hpactr and Mitigation Yeasum mitigation (residual impact), and the MMRP relationship Znvir4nmenfal Tlireshold of Significance l3mhmrnental hpacts Carlsbad Municipal Golf Course City of Ca Environmental Impact Report 3 Prc .I 0 0 I r, I etc.), factors approved by the City will be utilized. Whenev appropriate, the quantitative analysis will be based on the Ci affected service providers (Le., Carlsbad Municipal Water Distri etc.). The discussion of mitigation measures will distinguish betwe mitigation measures included in the EIR, and other measures I included but which could reasonably be expected to redL iinpacts adverse impacts if included in the proposed project. Whc several mitigation measures are available, the basis for selectj from among these measures will be discussed. The discussion mitigation measures will provide the background for findir under Section 15091 (a) of the CEQA guidelines. Mitigat measures will be discussed in sufficient detail to provide the bs for a mitisation monitoring and reporting program. This section will provide conclusions regarding the significance the environmental impact, at the project and cumulative lev1 following the application of recommended mitigation measui Mitigation may reduce significant environmental impacts to 1 than significant, or may reduce the impact while the environmei effect remains significant. Environmental factors to be analyzed in the EIR are descril standards with input regarding threshold standards from t Mitigation Measures hz Significant hpact Sip ficance HnCr Hitjgt9tioa $1 Land fie Compa tibility below: The project is anticipated to be generally compatible \I surrounding land uses. However, the project will be loca adjacent to the LEGOLAND themepark and proposed re: hotel, and existing and planned industrial development. ' project proposes the relocation of an outdoor shooting range, is traversed by three SDG&E transmission lines. The project the potential for interference of traffic on Palomar Airport R and College Boulevard from stray golf balls if not prop designed and mitigated. Project impacts will be described in terms of: compatibility between the proposed development and adjac uses; b) noise compatibility between the relocated shooting ra and proposed off-site resort hotel uses; and c) conformance I current City plans, policies and ordinances, including the Gen Plan, Zoning Ordinance, Scenic Corridor Guidelines, Landsc Guidelines, and Open SpacdConservatiodResource Managen Plan. Existing and proposed land use compatibility impacts need to be addressed in relation to the McClellan-Palo Comprehensive Land Use Plan, Carlsbad Ranch, Vete Memorial Park, Phase I1 of the Carlsbad Airport Centre, Carlsbad Research Center. a) land Cadsbad Municipal Golf Come City of Carl Enwonmental Impact Report 4 Pro] 0 @ a ,I I I, , 5.2 Biological Resources A biological survey has been conducted by Tetra Tech for t project area. The study area would be reviewed by Merkel Associates biologists to confirm the thoroughness of the existi site biological constraints report. Of particular interest is t distribution of wetlands and least Bell's vireos (reported just o site) near the project's northern boundary, as well as the extent sage scrub and the 3-5 pairs of California Gnatcatchers bei reported on-site. Two sensitive plants have also been identified a nearby site in spring 1997 surveys conducted by Merkel Associates. Impacts to biological resources will be described in terms of sensitive plant and animal species present on site that may affected by the project including the relocated shooting range; i b) any new federal and state listings of endangered plant i animal species associated with the site. Mitigation measures \ be developed, including project design elements which avoid significantly reduce impacts where appropriate. A stand( wetland delineation report meeting Army Corps of Engine protocol will be prepared covering the identified portion of wetlands on-site. The proposed project is not anticipated to result in the generat of a substantial amount of traffic. It is anticipated that the proj will have a net decrease in Average Daily Traffic from the exist approved industrial land uses. Linscott, Law, & Greensp; (LLG) will prepare the traffic analysis for the proposed projt The analysis will include stating the street system future volur and levels of service from the City Zone Plan, a comparison of project traffic generation to the approved industrial u: determination of long-term traffic impacts, and a quantitai analysis of future street system impacts of vacating a portior Palomar Oaks Way. The proposed project is not expected to result in a signific impact to air quality. However, there will be an incremei increase in short-term and long-term local and regional emissions that will result from project implementation. Impact! air quality will be described in terms of: a) project emissions fi vehicular and stationary sources; b) construction-rela emissions; and c) relation to existing state and federal standal and regional air quality attainment plans. CBA will utilize air quality modelling spreadsheets developec CBA which implement the methods of the SCAQMD CE handbook, to estimate vehicular and energy emissions. Veh trip, electricity and $as emissions will be projected. ' spreadsheets will be used to estimate emissions a implementation of mitigation measures to address significani 5.3 naffic/ CircuIation 5.4 Air Qualify Carlsbad Municipal Golf Course City of Carl: Environmental Impact Report 5 Pro& 0 e , I, I . ., , quality impacts by selecting appropriate mobile and stationa Source m;t;gat;on measures. Increased runoff from additional impervious surfaces, along w urban pollutants generated by the various land uses proposed m impact area water courses adjacent to the Agua Hedionda to t north of the project. CBA will rely upon the hydrolo information prepared by P&D Technologies or others to complc this section of the ER. Recommendations for detention to retention basins as identifi by P&D and other Best Management Practices (BMP) to optim storm water runoff quality and to mitigate the impact of the g course on storm drain runoff will be provided. Due to the nature of the proposed project, a significant amount water is anticipated to be utilized for the operation of the projc The water demand generated from this proposed project will compared to the demand that was anticipated with the appro' industrial development for the project site. The project will lik utilize reclaimed water. Impacts will be described in terms of demands for water and reclaimed water and the ability to serve site. Mitigation measures will be recommended for any identii water demand. The facilities analysis in the Local Facilities Management Plan Zone 5 anticipated the use of the site for industrial developml Public Services and Utilities impacts are anticipated to be less t approved development of the site and anticipated in the Zor LFMP. Impacts of the proposed project on public services facilities will be described in terms of a) sewer and waste w treatment capacity, gas and electric service, schools, PO protection and fire protection; and b) the ability of agen providing such services to respond to projected demand. The majority of the project site was surveyed for archaeolof and paleontological resources through previous environmt analysis associated with the approved industrial developmen the site. Gallegos & Associates will prepare the archaeoloj resources assessment for inclusion in the EIR. Gallega Associates will complete a literature review, records sei conduct a cultural resource survey of previously unsurveyed ai relocate previously recorded cultural resources, and spot-c' high probability area. CBA will utilize the existing paleontolo, resource information for inclusion in the EIR. The Gall cultural resources report will meet the qualifications for cul resource professionals and report preparation required by guidelines. 5.5Hy&ohw/ wuter puafity 5.6 Water Resources 5.7PubIic Sem'ces and lItiIities S.8~.chaeolog~cal and PaIeon toIogical ~oarces Carlsbad Municipal Golf Course City of Car Environmental Impact Report 6 Pro c I, n e e - I' , 59Landhn lIfezation/Cza&ng The proposed project will result in landform alteration associati with grading for the golf course tees, fairways, and greens, and t creation of pads for the future development of commercial a of the site has the potential to result in visual impacts alo Palomar Airport Road and College Boulevard. CBA will assess visual impacts in terms of a) landform chang resulting from grading of the site; and b) future building masses site following development. Mitigation measures will be prop05 for any identified visual impacts. The outdoor shooting range located on the northeast section EMF the site will be relocated. Three SDG&E transmission lii traverse the project site. Although there is no conclusive evidei of the effect of Electro Magnetic Fields (EMF) there is a poten for concern to be raised regarding the exposure of golf cou users to varying levels of EMF. Impacts will be analyzed in ter of potential impacts associated with the use of the shooting rat for golf purposes, the impacts associated with the relocation of outdoor shooting range, and impacts associated with Eh Mitigation measures will be recommended for any identif impacts. A small portion of the site has been used for agricultural purpo however, no portion of the property is subject to a William: Act Land Conservation Contract. Potential impacts to agricultl resources will be described in terms of: a) the feasibility continued agricultural operations and viability where pro- grading may affect otherwise suitable agricultural soils; and b) significance of the loss of the site as agricultural land. As described in the CEQA Guidelines, CBA will prepare an I that describes a range of reasonable alternatives to the project to the location of the project, which would feasibly attain mos the basic objectives of the project, but would avoid substantially lessen any of the significant effects of the project, evaluate the comparative merits of the alternatives. light industrial buildings on currently vacant land. Developmf 5 f 0 Ij(dzards/ I S.ff Agricultural Resources Section 6 Blferna fives CBA will examine up to three alternatives, including the project" alternative, in the EIR. The specific description of and off-site alternatives will be based on discussion and agreen between the City and CBA but is anticipated to consist o alternative on-site routing plan, and the evaluation of the Calai Lake site as an off-site alternative. (Exhibits: Table compa environmental effects of alternatives, graphic exhibits alternatives as appropriate) CarMad Municipal Golf Come City of Carl Enwonmental Impact Report 7 Pro] 0 e < I‘ * 1 I, , To allow decision makers to easily weigh the advantages a project, CBA will include a matrix comparing the relative impac of each alternative and a narrative description of t environmental advantages and disadvantages of each alternatii The analysis of long-term effects will focus on cumulative impac areas of no significant impact. disadvantages of the alternatives compared to the propos Section 7 Long- Term Effects El Cumuhtivc linpacts Aaa/ysir of growth-inducing impacts, unavoidable significant impacts, a This section will identifjl the potential cumulative effects result from this project, and other known projects identified by City st and other agencies. All cumulative effects will be discussed in t section to clearly separate the project effects from effects wh are only significant when combined with effects of other projei Other known projects include the development in Carlsbad surrounding communities. The potential for the project to induce growth in nearby ai through the extension of urban services will be identified. Indii and direct impacts of employment generated by the project wil estimated. Based on analysis provided in the EIR, areas of significant imy that cannot be reduced to a less than significant level will 7.2 Growth- Inducing linpacts E3 Unavoidabk Si’ificant E.nm2onmeata.l identified. t?np8C& Z 4lIiCks of Significant Elmionmental linpacts Areas of no significant impact identified in the EIR will be li! with a brief justification for the finding. S-cfioa B This section will identifjr organizations, persons and docum Retirences consulted in preparation of the EIR. Firms and individ involved in the preparation of the document will also be identi The Appendices will include a copy of the NOP, Responst Comments on the Draft EIR and Comment Letters, and associated ETR technical reports. Mitigation A separate Mitigation Monitoring and Reporting Program w Jfoniioring and prepared with the Screencheck Draft, Draft and Final EIR and Reporing include monitoring team qualifications, specific monitc Program activities, a reporting system for evaluating the succes mitigation measures. Bppendices Cadsbad Municipal Golf Come City of Ca2 Enwonmental Impact Report 8 Prc c (9 ' a 0 . I. , 2.3 Second Screencheck DrdIB? 2.4 nird DratlEB? (opffonal task) CBA will prepare a Second Screencheck Draft EIR whi incorporates staffs revisions on the first Screencheck Draft El W, and technical appendices for review by City staff AS an optional task, CBA will prepare a Third Screencheck Dr Screencheck EIR which incorporates staffs revision on the secc Screencheck Draft EIR, MMRP, and technical appendices review by City staff. The cost associated with this task can covered by the additional fbnding account. 2.5 City Bedew The City will review the first, second, and third screencheck necessary) draft EIRs and prepare revisions in the form o marked-up copy of the document indicating all desired chang corrections and areas for expansion, etc. Task 3. Draft EIR The purpose of this task is to prepare a Draft EIR, MMRP, i Appendices for distribution and public review. Product3 Product c City Comments on Second Screencheck Draft EIR to Draft EIR, MMRP and Appendices to City CBA (1 single-sided reproducible copy and 3 '/2 inch diskette in Word for Windows 7.0) Task 4. Response to Comments, Final EIR The purpose of this task is to prepare responses to comments the public and public asencies on the Draft EIR, and complete Final EIR incorporating chanses in response to commt received. Objective Products Product I 1 Draft EIR Comments to CBA Screencheck response to comments (10 three hole punched copies) 1 Final EIR, (including City approved response to 1 comments), MMRP and Appendices to City for distribution (1 reproducible master, and 3 % diskette in Word for Windows 7.0) 4.f Responses to Comments Our project budget includes an hours allowance for response! comments and modifications to the Draft EIR that is norm sufficient for projects that are not highly controversial. If a la number of comments are received, or if comments raise new iss preparation of the Draft EIR, this allowance is likely to or require additional analysis not anticipated by the budget Carlsbad Municipal Golf Course city of cads En wonmental Impact Report 9 Prop 0 e 1 ,I I .I i' , exceeded. Should this occur, costs for completion of respon are considered additional services, but can be covered by additional fhding account. CBA will prepare a Final EIR including the following change! 4.2JlitaI1YR andHHRP the Draft EIR: Revised cover page Revised table of contents Revised text of EIR incorporating changes Comments received and responses to comments on the Dra EIR CBA will prepare draft Findings of Fact pursuant to CE Guidelines for significant environmental effects of the project, a draft Statement of Ovemding Considerations if required for ( 5 0 C'Qd fi&iigsand Sfafemenf of Considera fions Overriding Council action. Task 6. Meetings and Hearings The purpose of this task is to meet with City staff and to pro expert testimony at meetings and public hearings before the 1 Council (up to 6 meetings will be attended). CBA staff will meet up to 4 times with City staff and o preparation and resolve issues, review staff comments screencheck draft documents and review. The CBA Principal and Project Manager will participate provide expert testimony at up to two public hearings befort Planning Commission and City Council. City- identified parties to initiate the project, manage Project Schedule CBA will maintain the following project schedule, subject tc timely provision of information and response to draft materia the City: Day 6: Draft Project Description Day 14: Final Project Description Day 42: Related Projects List Screencheck Draft EIR, MMRP and Appendices to City (10 three hole punched copies) Carlsbad Municipal Golf Course City of Car Environmental Impact Report IO Prc 0 0 * .I I * I' 0 Day 63: Second Screencheck Draft EIR, MMRP and Appendices to the City (1 0 three hole punched copies) City Comments on Second Screencheck Draft CBA Draft EIR, MMRP and Appendices to City (1 single-sided reproducible copy and 3 '/z inch diskette in Word for Windows 7.0) Draft EIR Comments to CBA Screencheck Responses to Comments (10 thrc hole punched copies) Final EIR (including City approved response 1 comments), MMEU? and Appendices to City fi distribution (1 reproducible master, and 3 ?h diskette in Word for Windows 7.0) Day 70 Day 77: Day 122: Day 136: Day 157: Note: Preparation and City review of a third screencheck Dr; EIR will add approximately three weeks to the project sched Carlsbad Municipal Golf Come city of Ca Environmental Impact Report 11 PTC e 0 rl .I I *) 1% .r cost Propos The cost proposal is our best estimate of the time and cc required to complete the Scope of Services and Schedule outlin This budget represents a firm offer from Cott Beland/Associates, Inc. to complete the Scope of Services : Schedule outlined in our separate technical proposal for the tc budget amount. This offer is good for 60 days from the final d for receipt of proposals identified in the City's Request Proposals. Persons authorized to negotiate for CottonBelandAssocia Inc. (CBA) are: Donald A. Cotton, Senior Principal John E. Bridges, Principal CBA's office is located at 63 10 Greenwich Drive, Suite 220, Diego, California 92122; telephone (61 9) 625-0056; fax (6 625-0545. The budget on the following page represents CBA's estimatl the labor and other costs required to complete the Scopt Services and Schedule outlined. The cost breakdown of budget includes man-hours for CBA by task. For all it( described in the Scope of Services, services will be provi within the budget shown. Changes in project descript unanticipated and unbudgeted effort in responding to Draft 1 comments and additional public meetings can be covered by additional funding. For controversial projects or projects in w1 new issues are raised requiring technical analysis not anticip; in the scope of work, this estimate is likely to be exceeded. This proposal is a firm offer by CBA to complete the Scop Services outlined for the total budget amount. The total required for completion of the EIR is $67,825. Component c are provided in the table on the following page. The agreed u fee represents a "not-to-exceed" contract budget with an am( of $8,850 provided as additional hnding for any requ additional work authorized by the City. Any use of the additi hnding should also include immediate replenishment of amount used to maintain an adequate reserve for additional P that may be required. Carlsbad Municipal Golf Come City of Carl EnvL.onmental Impact Report 12 Pro) e * *, .I 4 .Z c Carlsbad Municipal Golf Course EIR Budget creenchsck Draft EIR (OPTIONAL) Merkel& Associates, Inc. (biology) Gallegos & Associates (cultural resources) and Drat? EIR and Appendices (26 total including Screen 3) 5450 Monitoring Report (26) E. Cost Summary TOTAL TASKS 1 - 6 COSTS (WITHOUT OPTIONAL) $37,730 TOTAL SUBCONSULTXNT COSTS $20,275 TOTAL MISCELLANEOUS COSTS $970 $58,975 567,825 TOTAL EIR COST (WITHOUT ADDITIONAL FUNDING) TOTAL EIR COST (WITH ADDITIONAL "DING) Pnnnpal-mCharge/Rolcct Manager - John E Bndge~. AlCP ROJeCt Planner-TUn GTUbu TechfGraphtun - Verol~ca Tam, and Manarme Wnght Hourly Meehng Rater L~ott~w&~ = s9zw , Gallegos & Aaonatea = 173 so Merkel& Agoclater = S72 00 JJ VanHoutm&Anoclatp..Ins=S12500