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HomeMy WebLinkAbout1997-09-16; City Council; 14350; AGREEMENTS FOR THE PREPARATION OF A RECIRCULATED ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED SHELLEY SUBDIVISION - EIR 90-06h h CITY OF CARLSbAD - AGENbA BILL AB# 4 350 TITLE: 9 MTG. 7 -/b - 47 AGREEMENFFOR THE PREPAMTION OF A RECIRCULATED ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED SHELLEY SUBDIVISION - EIR 90-06 DEPT. PLN ++ RECOMMENDED ACTION: CITY MGR- That the City Council ADOPT Resolution No. 9 3 -605 APPROVING agreements with Daniel Shelley and Dudek & Associates, Inc. for the preparation of a recirculated Environmental Impact Report (EIR 90-06) for the Shelley subdivision. ITEM EXPLANATION: An EIR was prepared for the Shelley subdivision in April 1993 which was distributed for public review. Staff received comments on the EIR and the EIR consultant, M.F.Ponseggi, prepared responses. The EIR was not certified and the processing of the application was delayed at the request of the applicant. The applicant has made some modifications to the original subdivision and has now requested that the project continue to be processed. Staff has determined that the modifications constitute enough of a change to the project that the EIR should be revised to reflect those changes and should also analyze current site conditions. A request for proposal to prepare the EIR for recirculation was sent to five firms which would have the capabilities and experience to complete the work. The chosen firm provided a bid for the lowest cost with the most suitable project approach. Therefore, staff recommends the attached consulting agreement with Dudek & Associates, Inc. and the agreement with Daniel Shelley as the applicant be approved. FISCAL IMPACT: The total cost of the consulting services to prepare the Environmental Impact Report for recirculation is $37,865. The funds will be provided by the applicant, Daniel Shelley, per the attached applicant agreement. EXHIBITS: 1. City Council Resolution No. 9 q- @s c 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 RESOLUTION NO. 97-605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CON- SULTING AGREEMENTS FOR THE PREPARATION OF A RECIRCULATED ENVIRONMENTAL IMPACT REPORT FOR THE SHELLEY TRACT CASE NO: EIR 90-06 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That a consulting agreement with Dudek & Associates, Inc. for consulting services to prepare an Environmental Impact Report for the Shelley Tract (attached), and Daniel Shelley for the payment of EIR Consultant (attached) are hereby approved and the Mayor is autborized to execute said agreements. 2. Following the Mayor’s execution of said agreements, the City Clerk is directed to forward copies of this resolution and said agreements to Dudek & Associates, Inc., attention: June Collins, 605 Third Street, Encinitas, CA 92024, Daniel Shelley, PO Box 230985, Encinitas, CA 92023-0985, and the Planning Department. ill /II Ill I// /Ii Ill /// Ill II/ a 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 16 t h day of m 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall NOES: None ABSENT: None /- ATTEST: ALETHA L. RAUT (SEW -2- 3 - AGREEMENT BETWEEN CITY AND APPLICANT FOR PAYMENT OF EIR CONSULTANT THIS AGREEMENT is made this /v eday ofA&& 7 ,I9 9 7, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and DANIEL T. SHELLEY hereinafter referred to as “APPLICANT”. RECITALS WHEREAS, the APPLICANT has filed with the CITY a request for approval of a proposed project identified as CT 90-03 SHELLEY TRACT requiring the recirculation of an Environmental Impact Report; and WHEREAS, CITY has determined that its current staff is inadequate in number to prepare the Environmental Impact Report for recirculation in a timely and thorough manner; and WHEREAS, APPLICANT in order to ensure the expeditious processing of said Environmental Impact Report recirculation desires to pay to CITY the amount necessary to hire a CONSULTANT. NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: 1. The CITY will engage the firm of Dudek & Associates, Inc. hereinafter referred to as “CONTRACTOR” to perform the necessary work in the processing and monitoring of the Environmental Impact Report for that area more particularly depicted upon a site map attached as Attachment “A” and made a part of this agreement. Rev. 041 I9194 2. It is understood that the CONTRACTOR services shall conform to the Proposal attached as Attachment “B” and made a part of this agreement, and may require: a) Field exploration; W Communication with the City staff; c) Written reports; and d) Such other work necessary to properly evaluate the proposed project as directed by the Planning Director. 3. It is understood that the CITY will direct the CONTRACTOR to complete a draft and final Environmental Impact Report at the earliest feasible time. The CITY will advise the APPLICANT in writing of any impacts. which may render the proposed project infeasible within a reasonable time after CITY has received the CONTRACTOR ‘s conclusions in writing. 4. The APPLICANT shall pay to the CITY the actual cost of the CONTRACTOR ‘s services. Such cost shall be based on the costs set forth in Exhibit “C”. The APPLICANT has advanced the sum of $ 37,865.OO as payment on account for the actual cost of the CONTRACTOR’s services. In the event it appears, as the work progresses, that said sum will not be sufficient to cover the actual cost, the CITY will notify the APPLICANT of the difference between the amount deposited and the new estimated cost. CITY will ensure, to the extent feasible, that no further work will be performed by the CONTRACTOR incurring an obligation beyond the amount advanced . . . Rev. 04/19/94 without an appropriate amendment to this Agreement. If the actual cost of preparing the report is less than the APPLICANT’S advance, any surplus will be refunded to APPLICANT by CITY. 5. It is understood that the CONTRACTOR shall be an independent contractor of the CITY and CITY shall not be liable for any negligent acts or omissions of the CONTRACTOR. The APPLICANT agrees to permit the CONTRACTOR to enter upon his property and to perform all work thereon as the CONTRACTOR deems necessary to complete the Environmental Impact Report. It is agreed that the APPLICANT will not interfere with the CONTRACTOR in the performance of such work or attempt to influence such CONTRACTOR during the course of his investigation and report. 6. It is understood that the CITY will attempt to bring the Environmental Impact Report to Planning Commission and City Council as soon as possible, barring no delays from the APPLICANT. . . . . . . Rev. 04/19/94 ci - STATE OF CALIFORNIA COUNTY OF SAN DIEGO Oil August 14, 1997 before me, Karen L. Garbry Notary Public, personally appeared Daniel T. Shelley , [ ] personally known to me - or [ $j proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) V I . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this /,y mday of /d&-D5 7 , 1gz APPLICANT: #z&w/EL 7- 54EUY (Nayrnf Applicant) B ” m lj&yor (sign here) J&)&L 7r f;~&utE~ (print name here/title) ATTEST: ALETHA L. By: (sign here) (print name here/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 secretary under covorate sea/ empowering that officer to bind the corporation) APPROVED AS TO FORM: RONALD R, BALL, City Attorney . Bv: Rev. 04/19’9-1 SITE f - SITE ATTACHMENT “A” SHELLEY CARLSBAD EIR 90-06 - A ATTACHMENT "B" DUDEK will prepare a recirculated EIR for the Shelley Tract Map per California Environmental Quality Act (CEQA) Guidelines (15088.5) and the City of Carlsbad’s guidelines for environmental review. The EIR will be prepared in accordance with the following scope of work. TASKl: PREPAREFORWAROTORE-CIRCULATEDEIR During this task, DUDEK will review the following: the 1993 EIR done on the site, comments received on the 1993 EIR and responses, the revised project description, and technical studies done in support of the revised project description (e.g., traffic). Upon completing review of all available information, DUDEK will prepare the Forward to the recirculated EIR. The Forward will introduce to the reader why (primarily due to project description changes and time lapse) the recirculated EIR is being prepared. The Forward will also discuss and give supporting reasons why certain sections have or have not been revised since circulation of the 1993 EIR. Based on our understanding of the project, those sections which may require more substantial revisions include: Summary of Impacts and Mitigation Measures, Project Description, Cultural Resources, Noise, Traffic and Circulation, Biological Resources, Hydrology, Land Use, and Cumulative Impacts. The following presents the work plan required to address important issues in the re-circulated EIR: v BIOLOGICALRESOURCES DUDEK will provide review of the biological resources report already assembled for the project site. A brief field walkover will be completed to verify the spatial distribution of vegetation communities onsite and verify previously mapped locations of plant and animal species recognized as rare, threatened, or endangered. Project impacts will be evaluated, with special attention to issues such as impacts to locally, state, or federally recognized rare, threatened, or endangered plant and animal species, sensitive habitats, and wetlands areas. Also included in the analysis -will be an evaluation of impacts of the proposed project on probable wildlife movement routes and overall localized preserve planning (Carlsbad Habitat Management Plan). DUDEK understands that the HMP is being prepared by the MHCP consultant and that work on the HMP will proceed concurrently with the golf course EIR. Our scope of work includes coordination with the HMP consultant to ensure that there are not conflicts between the HMP and the EIR. The DUDEK report will include a discussion of the potential suitability of the site for the Pacific pocket mouse. A trapping program to determine the presence of the pocket mouse is not included in this scope and cost. For each impact determined to be significant, measures will be recommended to avoid, minimiie, or mitigate these impacts to below a level of significance. DUDEK will coordinate closely with the City to determine feasible methods of avoidance, minimization, and mitigation. SCOPE OF WORWCOST SCHEDULE ENVRONMENTAL IMPACT REPORT FOR THE SHELLEY TRACT MAP August 15.1997 CITYOFCARLSBAO -l- 197173-300 V HYDROLOGY DUDEK will review the Hydrology section of the 1993 EIR and make a determination regarding any change in hydrology due to the change in site conditions such as the construction of Calle Acervo and the elimination of a street crossing in the flood plain. The effects of the project on run-off volumes, drainage patterns, and water quality will be discussed based on plans provided by the architect and engineer. Potential site flooding hazards and downstream flooding impacts will be evaluated as well as impacts to surface and groundwater quality. Measures to reduce or eliminate effects of the project on flooding, drainage, or water quality as identified by the analysis will be discussed. Measures may include a discussion of all applicable requirements of the NPDES permit program for stormwater runoff including implementation of Best Management Practices (BMPs). ‘I NOISE STUDY DUDEK will prepare an acoustical study in accordance with the City of Carlsbad’s Noise Element guidelines. .An initial site visit will be made to identify existing noise sensitive receivers located adjacent to the project. Several short-term noise measurements will also be conducted along the site to establish the ambient noise level. Potential noise impacts will be evaluated on the basis of compliance with City of Carlsbad noise criteria. Mitigation measures will be determined, as necessary. Short-term construction noise impacts will also be addressed. The results of the assessment will be presented in a technical study. V CULTURAL RESOURCES The cultural resonrces scope of work will be accomplished in two phases. Phase 1: Gallegos & Associates will review the resource data available for the site, review the Cultural Resources analysis in the 1993 EIR and provide full disclosure and mitigation measures as necessary. Phase 2: If determined necessary and as an optional task, Gallegos & Associates will conduct testing onsite to determine site location, depth, content, and integrity. A detailed scope of work is provided in Appendix A for both Phase 1 and Phase 2. V TRAFFIC AND CIRCULATION The traffic study completed by J.H.K. will be summarized and incorporated into the EIR by DUDEK. SCOPE OF WORKJCOST SCHEDULE EN’ARONMENTAL IMPACT REPORT FOR THE SHELLEY TRACT MAP August 15.1997 CITYOFCARLSBAD -2- 197173-300 !i - - v LAND USE DUDEK will review the 1993 EIR section, compare analysis with the current project and amend if appropriate. The existing graphics will be replaced with the redesigned project. v WATER QUALITY It is not anticipated that there will be any significant change to this section. Tasks: Review the 1993 EIR section, compare analysis with the current project and amend if appropriate. v AESTHETICS / VISUAL QUALITY It is not anticipated that there willrbe any significant change to this section. Tasks: Review the 1993 EIR section, compare analysis with the current project and amend if appropriate. v AIR QliALlTY It is not anticipated that there will be any significant change to this section. Tasks: Review the 1993 EIR section, compare analysis with the current project and amend if appropriate. V GEOLOGY AND SOILS It is not anticipated that there will be any significant change to this section. Tasks: Review the 1993 EIR section, compare analysis with the current project and amend if appropriate. v ALTERNATIVES Per CEQA Guidelines Section 15126(d), a discussion of alternatives to the proposed action is required. This section should be amended to include the 1993 proposal as an alternative which has been analyzed. TASK 3: PREPARE SCREENCHECK DRAFT RE-CIRCULATED EIR During this task, DUDEK will prepare the initial screencheck draft document for review by City staff. The screencheck draft document will consist of text, graphics, and appendices and will be prepared in the following format: SCOPE OF WORK/COST SCHEDULE ENVIRONMENTAL IMPACT REPORT FOR THE SHELLEY TRACT MAP Auoust 15,1997 CITYOFCARLSBAD -3- 197173-300 1.0 2.0 3.0 4.0 ,- 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 Forward Project Description Environmental Setting Environmental Analysis including: Existing Conditions Potential Impacts Mitigation Measures For each of the following environmental categories (the environmental categories shown below represent our best assessment of the issues that City staff will require be addressed in the re-circulated EIR; this list may be refined as a result of the scoping process): 4.1 Land Use 4.2 Cultural Resources 4.3 Noise 4.4 Traffic Circulation 4.5 Biological Resources 4.6 Hydrology 4.7 Water Quality 4.8 Aesthetics / Visual Quality 4.9 Air Quality 4.10 Geology and Soils Cumulative Effects (it is not anticipated that there will be any significant change to this section) Short Term Uses vs. Long Term Productivity (it is not anticipated that there will be any significant change to this section) Significant Irreversible Environmental Changes (it is not anticipated that there will be any significant change to this section) Growth Inducing Effects (it is not anticipated that there will be any significant change to this section) Alternatives References Individuals and Agencies Consulted EIR Preparation TASK 4: EIR PROCESSING During this task, DUDEK will revise the EIR as required by City staff prior to distribution of the EIR for public review. Our scope of work assumes two rounds of revisions to the screencheck draft document following submittal to City staff and prior to distribution of the draft EIR for public review (three screenchecks total). The proposed scope and cost estimate assumes submittal requirements listed in the City’s RFP for the subject project dated July 29, 1997. SCOPE OF WORK/COST SCHEDULE ENIIRONMENTAL IMPACT REPORT FOR THE SHELLEY TRACT MAP August 15.1997 CITYOFCARLSBAD -4- 197173-300 - ._ h Following public review DUDEK will prepare draft responses to all comments received during the public review period. Five copies of Draft responses will be submitted to the City for review and comment. DUDEK will incorporate the comments of the City into the Final EIR. For budgeting purposes, preparation of responses to a maximum of 100 individual comments has been assumed. Prior to fmalizing the EIR, DUDEK will revise the existing Mitigation, Monitoring and Reporting Program to reflect any changes to the existing mitigation resulting from public review or City comments, The MMRP will be submitted to the City for review prior to finalizing the EIR. Prior to finalizing the EIR, DUDEK will also prepare the Findings of Fact for the project. The Findings will reflect the mitigation and impact conclusions of the EIR as well as the rationale, if necessary for overriding any significant and non-mitigated impacts. The findings will be submitted to the City for review prior to fmalizing the EIR. DUDEK will submit a copy of the assembled final EIR to the City. DUDEK will provide one single sided.reproducible copy of the City approved responses to comments and all modifications to the EIR text and/or exhibits as a result of public comment, as well as a 3.5 inch diskette(s) of the Draft EIR in Word for Windows 7.0 or later format, within one (1) week from the City’s approval of the response to comments and text/exhibit modifications. TASK 5: MEETINGS AND PROJECT MANAGEMENT The project will be managed and administered by June Collins, Manager of DUDEK’s Environmental Services Division. For budgeting purposes, DUDEK has assumed four meetings with the City. DUDEK assumes participation by June Collins in all meetings, at no additional charge to the City. SCOPE OF WORK/COST SCHEDULE ENVlRONMENTAL IMPACT REPORT FOR THE SHELLEY TRACT MAP August 15. 1997 CITYOFCARLSBAD -5- 197173-300 -t - f COST / SCHEDULE Our costs are based on the City’s Request for Proposal dated July 29, 1997 as well as additional requests made by the City during the week of August 1 l- 1.5, 1997. We have developed our approach described in Section 3, Scope of Work, based on our understanding of the issues. The major subcontractor on our team is Gallegos & Associates (MBE). DUDEK understands that work is to commence on or about August 30, 1997 and that an initial objective is to complete the screencheck draft EIR within 5 weeks of receipt of a notice-to-proceed (on or about October 3, 1997). DUDEK commits to meeting this schedule and to any other reasonable schedules established by the project team. DUDEK anticipates a cost of !$37,865.00 for completion of the scope of work described in this proposal. 1. 2. 3. 4. The City will provide the project description in sufficient detail to prepare the EIR. Once provided the project description will not be substantially revised. The City will conduct all required noticing, distribution, and reproduction of the final Draft EIR and Final EIR. Our scope and cost estimate assumes three rounds of revisions to the Draft EIR and one round of revisions to written responses to comments made on the Draft EIR. Our scope and cost provided includes testing for cultural resources. An estimated cost to provide testing for cultural resources is provided in Appendix A to this proposal. A cost breakdown by phase is presented below; detailed costs are provided in the attached Table. Task 1 Forward $1,280 Task 2 Environmental Issues $11,240 Task 3 Prepare Screencheck Draft EIR $4,580 Task 4 EIR Processing $6,425 Task 5 Meetings, Hearings, Project Management $1,040 Contingency Sum $6,000 Direct Costs (including Subconsuttants) $7,300 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - $37,865 1 DUDEK proposes to complete the work on a time and materials basis in an amount not to exceed $37,%X00. All work would be billed in accordance with the attached Schedule of Charges. The individual with the authority to contractually bind the company is FRANK DUDEK, President. Mr. Dudek designates June Collins, Principal, Environmental Science Division, as his representative during the period of evaluation and she may be contacted at (760) 942-5147 for further information or clarification. DUDEK & ASSOCIATES, INC. FFdNKDUDEK President SCOPEOFWORWCOSTSCHEDULE ENVlRONMENTALlMPACTREPORTFORTHESHELLEYTRACTMAP Augustl5,1997 CITYOFCARLSBAD -6- 197173-300 I Aug--11-97 Olt22P Dennis Gallegos 619-929-0056 , P-02 GALLEGOS & ASSOCIATES TIME AND MATERIALS CONTRACT FOR CULTURAL RESOURCE SIGNIFICANCE TESTING FOR THE SHELLEY RANCH PROJECT CITY OF CARLSBAD, CALIFORNIA AUGUST 11, 1997 The objective of this study will be to review previous cultural resource work mmpleted for an Environmental Impact Report for the Shelley Ranch property in 1993 and to assess the current status of one prehistoric site, CA-SDI-5075. The study area is located within the City of Carlsbad Smith tested four sites during study compleied in 1993 and determined CA-SDI-5075 to be a significant cultural resource. The eastem portion of this site was mitigated of development impacts through the comple%ion of a data recovey program. Gallegos & Associates will complete an assessment of the remaining portion of CA-SDI- 5075 within the She&y pmpety to deternine the present status of CA-SDI-5075. This work will include a review of previous work, a field visit, and excavation of three 1 x 1 m units. A report of finding will be prepared that will reassess site CA-SDI-5075 significance and make recommendations. c The field m&hods will include: 1. Collection of Surface Artifacts Diagnostic surface artifacts will be mapped and collected. 2. Subsurface Assessment A. Excavation of three 1x1 m&er test unit(s). 1. Placement to be determined by r&h= the highest or most likely to possess subsurface material (based on surface remains or natural fGWres). 2. Units will be excavated in 10 centimeter levels and excavated to sterile that is defined as bedrock or one level with no cultural material present. If two mnsecutive levels record a significant drop off in cultural materials with the presence of cultural material explained in terms of natural processes, then that is defined as sterile. 3. Map Preparation A. Plot site locations on the USGS 7.5’ Encinitas quadrangle map. B. Plot site locations on an engineering base map, to be provided by the client. This map will indicate site boundaries relative to the pmjed area. C. A site map will be prepared for each identified siteflocus showing location of STPs, 1x1 m units, significant landform and/or landmarks, and surface cultural features and artifads. 4. Laboratory Analysis and Report Reparation A. Clean, catak~g, and anaiyze all artikcts cokcted. B. Evaluate the sites/loci in terms of site size, depth, content, integrity and potential to address important research questions as pa local guidelines and CEQA. Time-and-Materials Cnt August 11, 1997 1 Auy-11-97 01:22P Dennis Gallegos 619-929-0056 P-03 All work and final reports will be submitted to the client within six to eight weeks from receipt of a signed contract. This cost does not include special studies (i.e., radiocarbon dating or obsidian hydration which may be necessary to provide sufficient information to determine site significance. This schedule may need to be revised should inclement weather (i.e., rain) be encountered. E-AND-WLS CO= The time-and-materials oost for mmpleting this scope of work is estimated to not exceed $6,!3OO.O0. These costs will not be exceeded without clients’ authorization. Billing will be submitted on a monthly basis for work completed to date. Payment is required within 30 days of billing. Late payments will incur a 2.5% monthly late fee. ADDIWUAL WO&K The scope of work and time-and-mat&& cost estimate described above reflect our current understanding of project requirements. Amendments to the scope of work and cost will be necessary, if there are modifications to the project or the required services, or should data recovery be requested, or burials/cremations and or other features be encountaed, or extensive revisions be requested by agencies, or meetings with agencies, Native Americans or public presentations be required. If human remains are encountered, then all work must halt immediately and the client, City of Carlsbad, San Diego County Coroner, and Native American Heritage Commission will be notified to initiate the required consultation. in light of the findings. The schedule will be adjusted accordingly Time-and-Materials Cnt August 11, 1997 Auy-11-97 02:29P Dennis Gallegos 619-929-0056 . . TABLE 1 GALLEGOS & ASSOCIATES TESTING PROGRAM FOR THE SHELLEY RANCH PROJECT DETAILED COST ESTIMATE AUGUST 11, 1997 . P-02 Task/Personnel Hourly Rate Estimated Hours Estimated cost Phase I Review of Previous Work qnd Field Visit Management and Coordination ’ . Project Manager/Archaeologi&t Project Archaeologist Subtotal Phase I Phase II Testing Units Project Archaeologist Field Crew Laboratory Analysis Project Archaeologist Laboratory Crew Report Preparation Project Archaeologist Graphics/Word Processing Photo Record/Field Forms ODC Supplies/Mileage/Xerox Subtotal Phase II Total Phase I and phase II Labor and ODC $75.00 $65.00 $65.00 $27.50 $65.00 $30.00 565.00 30 $31.25 16 $27.50 16 4 8 4 68 4 20 %300.00 $520.00 $820.00 $260.00 $1,870.00 $260.00 $600.00 $1,950.00 $500.00 $440.00 $100.00 $5,980.00 $6,800.00 I I “t: ::; ; I ~ : ;.g I I :.‘, :., : 1 I / ‘. 1 j , .:.,:i : :... : ,: . . / &. j ~ / / IGm j ’ I ’ :g j . : ,g s I / / / i:j’;:: , / , 1 I!:$ / / ki --I-- j : c : :.;j::;.. . . : ,.::. .;a / p&J 1 :::s: . . . i L j ::::I; :.. :\ :.. :: y: :.:.., ::, :::.> .: ..:.:.. .,. ; j ;Q / 1 !Fi / / [i::j$j ,. . . . . . . . , i::.:y:j - : j ;;.j’: I j / g! j / ;,s . . . 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L.. ,.>:.F.. :.:::::::: j / $$ > .,.:.,.: . . . . .A.. . .A.... . . . . i . i y . ..\ . . . . .,., ., i.: '(.) :.,.:.: .,., :. : :. . :. . . . . ..,. ;gi . :'a; 1 ::;$j 7 b/ s ;iii# i -.a n l 1 3~; ::. .\ . . .g ,# j j ,u :-w v) t t i ! i i , , : , i i : i I ! : ! . j c l c t IE if = .E E 8i .$ s L ! I: ‘8 m 5 .! 2 P P c 55 kp c g B z i : a e id i; / 5 i D 5 I I I I I E $ : i / t 4 . I 1 r I 1 OI ,I c 1 j : ;4 .E IA ‘t? : / ~ / I 1;=,s I ~ ~ j ! I &i ~ I I- t t t r 1 j? / T- t la I ’ / ‘I / .I 1; , 1 .! .f : -I- i , i i I i i ;j II i! ii c 1 a : c A a Ii 2 - A AGREEMENT WITH CONSULTANT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR RECIRCULATION THIS AGREEMENT, made this 24th day of SWTEMBER , 19x, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “CITY”, and Dudek & Associates, Inc. hereinafter referred to as “CONTRACTOR”. RECITALS WHEREAS, the CITY has entered into an agreement with Daniel T. Shelley hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for recirculation for the proposed project identified as CT 90-03 SHELLEY TRACT which is located east of Ranch0 Santa Fe Road and north of Calle Acervo and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare the Environmental Impact Report for recirculation on the subject project in accord with the California Environmental Quality Act as implemented by the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal -l Rev. 06-26-97 ..A i Code and its implementing resolutions. ln carrying out this obligation the CONTRACTOR’s duties shall include the following: (a) The CONTRACTOR shall, consistent with the Work Program contained in Attachment 2, (1) make all necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory tests and analyses; (3) appear and be prepared to answer questions and prepare testimony on the final Environmental Impact Report at all public hearings before the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the requirements of this section. Before preparing the draft report, the CONTRACTOR shall submit five copies of a preliminary report (screen check EIR) to the Planning Director for staff review. The CONTRACTOR shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. @I CONTRACTOR shall prepare a draft report in compliance with the Work Program contained in Attachment 2 on file at the Planning Department (unless otherwise stated in this agreement), attached hereto and made a part hereof and with applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY a reproducible master of the draft Environmental Impact Report to the CITY. (cl CONTRACTOR shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONTRACTOR shall so inform the Planning Director who in turn will discuss with the applicant the feasibility of continuing with-the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. 2 Rev. 06-26-97 03 CONTRACTOR shall prepare and file with the CITY written responses to all comments received subsequent to public notice that the draft Environmental Impact Report has been filed. CONTRACTOR shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Environmental Impact Report. 2. CITY OBLIGATIONS (4 The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) .- The CITY will make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposed project. (cl The CITY will review the Preliminary Report presented by the CONTRACTOR within fourteen working days of their receipt and make written comments to the CONTRACTOR within that time period. W The CITY shall provide the CONTRACTOR with copies of all written comments received on the draft Environmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. The CONTRACTOR shall submit to the CITY five copies of the Preliminary Environmental Impact Report within five weeks of the signing of this agreement by both concerned parties. The CONTRACTOR shall submit a single sided reproducible copy of the draft 3 Rev. 06-26-97 Environmental Impact Report within ten working days of the completed staff review of the Preliminary Envirgnmental Impact Report. 4. PAYMENT The CONTRACTOR will be paid a maximum of $37,865.00 for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Attachment “B” file at the Planning Department. The CONTRACTOR shall be paid within 30 days, in response to invoice, for up to 70 percent of the compensable services for the completion of the screen check draft Environmental Impact Report in accordance with Paragraph ,I above. The CONTRACTOR will be paid up to an additional 15 percent upon acceptance by the CITY of the response to comments from the CONTRACTOR, the final 15 percent will be paid, not to exceed the maximum amount provided in its agreement, within 45 days after receipt of invoice, to be submitted after the certification 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 of $37,865.00 which amount IS estimated to be sufficient to compensate the CONTRACTOR for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $37,865.00 without appropriate amendment to this agreement. 4 Rev. 06-26-97 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the Planning Director who will inform a principal of the CONTRACTOR’s firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 7. 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, 5 Rev. 06-26-97 _ I -- ,- percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT The CITY may terminate this agreement at any time by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the services completed to the date of notice of determination. 10. 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 6 Rev. 06-26-97 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 (IO) 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 Council shall be binding upon the parties involved, although nothing shall prohibit the parties seeking remedies available to them at law. 11. CLAIMS AND LAWSUITS action of the City in this procedure The CONTRACTOR agrees 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 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 acknowledges that the filing of a false claim may subject the CONTRACTOR to an 7 Rev. 06-26-97 . . , . administrative debarment proceeding wherein the CONTRACTOR may be prevented to act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debarment by another jurisdiction is grounds .for the City of Carlsbad to disqualify the CONTRACTOR from the selection of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.08 pertaining to false claims are incorporated herein by reference. STATUS OF THE CONTRACTOR 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 8 Rev. 06-26-97 employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify.the CITY for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for work done under this agreement. 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 CONTRACTORS that are included in this agreement. 13. OWNERSHIP OF DOCUMENTS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. 14. REPRODUCT:ON 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. . 15. RELEASE OF INFORMATION BY CONTRACTOR Any reports, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organization by the CONTRACTOR without prior written approval of the CITY. 9 Rev. 06-26-97 : 16. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims,’ damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CONTRACTOR’s indemnification of City shall not be limited by any prior or subsequent declaration by the CONTRACTOR. 17. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 18. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any employee or contractual relationship between any subcontractor of CONTRACTOR and the CITY. 10 Rev. 06-26-97 The CONTRACTOR shall bind every subcontractor and every subcontractor of the subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 19. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply .- contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part hereof. 20. VERBAL AGREEMENT OR CONVERSATIONs No verbal agreement or conversation with any officer, agent or employee or 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 shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 21. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph 10, “Hold Harmless Agreement”, all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties 11 Rev. 06-26-97 . . ,,’ .- h hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. 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. A. Coveraaes 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 ,OOO,OOO combined 12 Rev. 06-26-97 single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CONTRACTOR’s work for the City). $1 ,OOO,OOO 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’sLiability limits of $1 ,OOO,OOO 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. 2. The CONTRACTOR shall furnish certificates of insurance to the City before commencement of work. 3. The CONTRACTOR shall obtain occurrence coverage. 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 13 Rev. 06-26-97 . 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. 25. 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: Title: ASSOCIATE PLANNER Name: CHRISTER WESTMAN Address: 2075 LAS PALMAS, CARLSBAD, CA 92009 For Contractor: Title: PRINCIPAL Name: JUNE COLLINS Address: 605 THIRD STREET ENCINITAS, CA 92024 Architect/License Number: John Minchin/#2225 -- Professional Engineer /Jk&k&t/License Number: Frank Dudek/#29125 26. BUSINESS LICENSE CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 14 Rev. 06-26-97 .., 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharges except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. . . . . . . . . . . . . . . . 15 Rev. 06-26-97 - - .” 2J Executed by CONTRACTOR this 2 L/ +/” day of ,19fl. CONTRACTOR: ATTEST: f%?idc iI DDDE~~. ?kimmT (print name/title) D2%‘&? (print name/tit1 (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 secretary under corporate seal empowering that officer to bind the corporation) APPROVED AS TO FORM: RONALD R. BALL, City Attorney 16 Rev. G6-26-97 C - STATE OF CALIFORNIA COUNTY OF SAN DIEGO Notary R~blic, personally appeared PI !(I: ‘:. 1. ;I:; ‘ I:,:‘. , <, t:., ._ icrr7 k t I.,.lji)l <I L. -7,~ ~ *-; ‘, *. 7’ * , > I - I: . , .‘<I t- i L /] et.icvr/+le_S ‘IIL(‘ [Gj’personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@ whose name@). is@e, subscribed to the within instrument and - .’ _- acknowledged to me that he/sheQhey executed the same in his/her{thei authorized capacity@& and that by his/her/&$ signature(s), on the instrument the person( or ._ the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. -&2-r&/ ltj \ c (Signature of Notary) -f-Y-q&r; , _-( SITE N SITE ATTACHMENT 1 SHELLEY CARLSBAD EIR 90-06 C ATTACHMENT 2 SCOPE OF WORK DUDEK will prepare a re-circulated EIR for the Shelley Tract Map per California Environmental Quality Act (CEQA) Guidelines (15088.5) and the City of Carlsbad’s guidelines for environmental review. The EIR will be prepared in accordance with the following scope of work. TASK 1: PREPARE FORWARD TO RE-CIRCULATED EIR During this task, DUDEK will review the following: the 1993 EIR done on the site, comments received on the 1993 EIR and responses, the revised project description, and technical studies done in support of the revised project description (e.g., traffic). Upon completing review of all available information, DUDEK will prepare the Forward to the re-circulated EIR. The Forward will introduce to the reader why (primarily due to project description changes and time lapse) the re-circulated EIR is being prepared. The Forward will also discuss and give supporting reasons why certain sections have or have not been revised since circulation of the 1993 EIR. Based on our understanding of the project, those sections which may require more substantial revisions include: Summary of Impacts and Mitigation Measures, Project Description, Cultural Resources, Noise, Traffic and Circulation, Biological Resources, Hydrology, Land Use, and Cumulative Impacts. TASK 2: ENVIRONMENTAL ISSUE ANALYSIS The following presents the work plan required to address important issues in the re-circulated EIR: v BIOLOGICAL RESOURCES DUDEK will provide review of the biological resources report already assembled for the project site. A brief field walkover will be completed to verify the spatial distribution of vegetation communities onsite and verify previously mapped locations of plant and animal species recognized as rare, threatened, or endangered. Project impacts will be evaluated, with special attention to issues such as impacts to locally, state, or federally recognized rare, threatened, or endangered plant and animal species, sensitive habitats, and wetlands areas. Also included in the analysis will be an evaluation of impacts of the proposed project on probable wildlife movement routes and overall localized preserve planning (Carlsbad Habitat Management Plan). DUDEK understands that the HMP is being prepared by the MHCP consultant and that work on the HMP will proceed concurrently with the golf course EIR. Our scope of work includes coordination with the HMP consultant to ensure that there are not conflicts between the HMP and the EIR. The DUDEK report will include a discussion of the potential suitability of the site for the Pacific pocket mouse. A trapping program to determine the presence of the pocket mouse is not included in this scope and cost. For each impact determined to be significant, measures will be recommended to avoid, minimize, or mitigate these impacts to below a level of significance. DUDEK will coordinate closely with the City to determine feasible methods of avoidance, minimization, and mitigation. SCOPEOFWORl(XOSTSCHEDULE ENVlRONMENTALlMPACTREPORTFORTHESHELLEYTRACTMAP August151997 CITYOFCARLSBAD -I- 197173-300 V HYDROLOGY DUDEK will review the Hydrology section of the 1993 EIR and make a determination regarding any change in hydrology due to the change in site conditions such as the construction of Calle Acervo and the elimination of a street crossing in the flood plain. The effects of the project on run-off volumes, drainage patterns, and water quality will be discussed based on plans provided by the architect and engineer. Potential site flooding hazards and downstream flooding impacts will be evaluated as well as impacts to surface and groundwater quality. Measures to reduce or eliminate effects of the project on flooding, drainage, or water quality as identified by the analysis will be discussed. Measures may include a discussion of all applicable requirements of the NPDES permit program for stormwater runoff including implementation of Best Management Practices (BMPs). V NOISE STUDY DUDEK will prepare an acoustical study in accordance with the City of Carlsbad’s Noise Element guidelines. An initial site visit will be made to identify existing noise sensitive receivers located adjacent to the project. Several short-term noise measurements will also be conducted along the site to establish the ambient noise level. Potential noise impacts will be evaluated on the basis of compliance with City of Carlsbad noise criteria. Mitigation measures will be determined, as necessary. Short-term construction noise impacts will also be addressed. The results of the assessment will be presented in a technical study. V CULTURAL RESOURCES The cultural resources scope of work will be accomplished in two phases. Phase I: Gallegos & Associates will review the resource data available for the site, review the Cultural Resources analysis in the 1993 EIR and provide full disclosure and mitigation measures as necessary. Phase 2: If determined necessary and as an optional task, Gallegos & Associates will conduct testing onsite to determine site location, depth, content, and integrity. A detailed scope of work is provided in Appendix A for both Phase 1 and Phase 2. V TRAFFIC AND CIRCULATION The traffic study completed by J.H.K. will be summarized and incorporated into the EIR by DUDEK. SCOPE OF WORK/COST SCHEDULE ENVlRONMENTAL IMPACT REPORT FOR THE SHELLEY TRACT MAP August 15, 1997 CITYOFCARLSBAD -2- 197173-300 / v LAND USE DUDEK will review the 1993 EIR section, compare analysis with the current project and amend if appropriate. The existing graphics will be replaced with the redesigned project. v WATER QUALITY It is not anticipated that there will be any significant change to this section. Tasks: Review the 1993 EIR section, compare analysis with the current project and amend if appropriate. ‘I AESTHETICS / VISUAL QUALITY It is not anticipated that there will be any significant change to this section. Tasks: Review the 1993 EIR section, compare analysis with the current project and amend if appropriate. ‘I AIR DUALITY It is not anticipated that there will be any significant change to this section. Tasks: Review the 1993 EIR section, compare analysis with the current project and amend if appropriate. V GEOLOGY AND SOILS It is not anticipated that there will be any significant change to this section. Tasks: Review the 1993 EIR section, compare analysis with the current project and amend if appropriate. v ALTERNATIVES Per CEQA Guidelines Section 15126(d), a discussion of alternatives to the proposed action is required. This section should be amended to include the 1993 proposal as an alternative which has been analyzed. TASK 3: PREPARE SCREENCHECK DRAFT RE-CIRCULATED EIR During this task, DUDEK will prepare the initial screencheck draft document for review by City staff. The screencheck draft document will consist of text, graphics, and appendices and will be prepared in the following format: SCOPEOFWORWCOSTSCHEDULE ENVlRONMENTALlMPACTREPORTFORTHESHELLEYTRACTMAP August15,1997 CITYOFCARLSBAD -3- 197173-300 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 Forward Project Description Environmental Setting Environmental Analysis including: Existing Conditions Potential Impacts Mitigation Measures ’ For each of the following environmental categories (the environmental categories shown below represent our best assessment of the issues that City staff will require be addressed in the re-circulated EIR; this list may be refined as a result of the scoping process): 4.1 Land Use 4.2 Cultural Resources 4.3 Noise 4.4 Traffic Circulation 4.5 Biological Resources 4.6 Hydrology 4.7 Water Quality 4.8 Aesthetics / Visual Quality 4.9 Air Quality 4.10 Geology and Soils Cumulative Effects (it is not anticipated that there will be any significant change to this section) Short Term Uses vs. Long Term Productivity (it is not anticipated that there will be any significant change to this section) Significant Irreversible Environmental Changes (it is not anticipated that there will be any significant change to this section) Growth Inducing Effects (it is not anticipated that there will be any significant change to this section) Alternatives References Individuals and Agencies Consulted EIR Preparation TASK4: EIR PROCESSING During this task, DUDEK will revise the EIR as required by City staff prior to distribution of the EIR for public review. Our scope of work assumes two rounds of revisions to the screencheck draft document following submittal to City staff and prior to distribution of the draft EIR for public review (three screenchecks total). The proposed scope and cost estimate assumes submittal requirements listed in the City’s RFP for the subject project dated July 29, 1997. SCOPEOFWORK/COSTSCHEDULE ENVlRONMENTALlMPACTREPORTFORTHESHELLEYTRACTMAP Augustl5,1997 CITYOFCARLSBAD -‘I- 197173-300 _ \ . ., - - A Following public review DUDEK will prepare draft responses to all comments received during the public review period. Five copies of Draft responses will be submitted to the City for review and comment. DUDEK will incorporate the comments of the City into the Final EIR. For budgeting purposes, preparation of responses to a maximum of 100 individual comments has been assumed. Prior to finalizing the EIR, DUDEK will revise the existing Mitigation, Monitoring and Reporting Program to reflect any changes to the existing mitigation resulting from public review or City comments. The MMRP will be submitted to the City for review prior to finalizing the EIR. Prior to finalizing the EIR, DUDEK will also prepare the Findings of Fact for the project. The Findings will reflect the mitigation and impact conclusions of the EIR as well as the rationale, if necessary for overriding any significant and non-mitigated impacts. The findings will be submitted to the City for review prior to finalizing the EIR. DUDEK will submit a copy of the assembled final EIR to the City. DUDEK will provide one single sided reproducible copy of the City approved responses to comments and all modifications to the EIR text and/or exhibits as a result of public comment, as well as a 3.5 inch diskette(s) of the Draft EIR in Word for Windows 7.0 or later format, within one (1) week from the City’s approval of the response to comments and text/exhibit modifications. TASK 5: MEETINGS AND PROJECT MANAGEMENT The project will be managed and administered by June Collins, Manager of DUDEK’s Environmental Services Division. For budgeting purposes, DUDEK has assumed four meetings with the City. DUDEK assumes participation by June Collins in all meetings, at no additional charge to the City. SCOPE OF WORWCOST SCHEDULE ENVRONMENTAL IMPACT REPORT FOR THE SHELLEY TRACT MAP August 15, 1997 CITYOFCARLSBAD -5- 197173-300 COST / SCHEDULE Our costs are based on the City’s Request for Proposal dated July 29, 1997 as well as additional requests made by the City during the week of August 11-15, 1997. We have developed our approach described in Section 3, Scope of Work, based on our understanding of the issues. The major subcontractor on our team is Gallegos & Associates (MBE). DUDEK understands that work is to commence on or about August 30, 1997 and that an initial objective is to complete the screencheck draft EIR within 5 weeks of receipt of a notice-to-proceed (on or about October 3, 1997). DUDEK commits to meeting this schedule and to any other reasonable schedules established by the project team. DUDEK anticipates a cost of $37,865&O for completion of the scope of work described in this proposal. 1. The City will provide the project description in sufficient detail to prepare the EIR. Once provided the project description will not be substantially revised. 2. The City will conduct all required noticing, distribution, and reproduction of the final Draft EIR and Final EIR. 3. Our scope and cost estimate assumes three rounds of revisions to the Draft EIR and one round of revisions to written responses to comments made on the Draft EIR. 4. Our scope and cost provided includes testing for cultural resources. An estimated cost to provide testing for cultural resources is provided in Appendix A to this proposal. A cost breakdown by phase is presented below; detailed costs are provided in the attached Table, Task 1 Task 2 Task 3 Task 4 Task 5 Forward $1,280 Environmental Issues $11,240 Prepare Screencheck Draft EIR $4,580 EIR Processing $6,425 Meetings, Hearings, Project Management $1,040 Contingency Sum $6,000 Direct Costs (including Subconsultants) TOTAL.................................. $7,300 $37,865 DUDEK proposes to complete the work on a time and materials basis in an amount not to exceed $37,865.00. All work would be billed in accordance with the attached Schedule of Charges. . The individual with the authority to contractually bind the company is FRANK DUDEK, President. Mr. Dudek designates June Collins, Principal, Environmental Science Division, as his representative during the period of evaluation and she may be contacted at (760) 942-5147 for further information or clarification. DUDEK & ASSOCIATES, INC. FlkhK DUDEK President SCOPEOFWORK/COSTSCHEDULE EN'ARONMENTALIMPACTREPORTFORTHESHELLEYTRACTMAP August15.1997 CITYOFCARLSBAD -6- 197173-300 1 Auy-.ll-97 01:22P DenmJs Gallegos GALLEGOS & ASSOCIATES TIME AND MATERIALS CONTRACT FOR CULTURAL RESOURCE SIGNIFICANCE TESTING FOR THE SHELLEY RANCH PROJECT CITY OF CARLSBAD, CALIFORNIA AUGUST 11, 1997 SCOPE OF WORK The objective of this study will be to review previous cultural resource work compl&ed for an Environmental Impact Report for the Shelley Ranch property in 1993 and to assess the current status of one prehistoric site, CA-SDI-5075. The study area is located within the City of Carlsbad Smith tested four sites during study completed in 1993 and determined CA-SDI-5075 to be a significant cultural resource. The eastern portion of this site was mitigated of developmart impacts through the completion of a data recovery program. Gallegos & Associates will complete an assessment of the remaining portion of CA-SDI- 5075 within the Shelley property to determine the present status of CA-SDI-5075. This work will include a review of previous work, a field visit, and excavation of three 1 x 1 m units. A report of finding will be prepared that will reassess site CA-SDI-5075 significance and make recommendations. The field methods will include: 1. Collection of Surface Artifacts Diagnostic surface artifacts will be mapped and collected. 2. Subsurface Assessment A. Excavation of three 1x1 meter test unit(s). 1. Placement to be determined by either the highest or most likely to possess subsurface material (based on surface remains or natural features). 2. Units will be excavated in 10 centimeta levels and excavated to sterile that is defined as bedrock or one level with no cultural material present. If two consecutive levels record a significant drop- off in cuitural materials with the presence of cultural material explained in terms of natural processes, then that is defined as sterile. 3. Map Preparation A. Plot site locations on the USGS 7.5’ Encinitas quadrangle map. B. Plot site locations on an engineering base map, to be provided by the client. This map will indicate site boundaries relative to the project area. C. A site map will be prepared for each identified site/locus showing location of STPs, 1x1 m units, significant landform and/or landmarks, and surface cultural features and artifacts. 4. Laboratory Analysis and Report Prwation A. Clean, catalog, and analyze all artifacts collected. B. Evaluate the sites/loci in terms of site size, depth, content, integrity and potential to address important research questions as per local guidelines and CEQA. P-02 Time-and-Materials Cnt August 11, 1997 1 Aug-11-97 01:ZZP Denzis Gallegos .’ - 612-929-0056 All work and final reports will be submitted to the client within six to eight weeks from receipt of a signed contract. This cost does not include special studies (i.e., radiocatin dating or obsidian hydration which may be necessary to provide suffkient information to determine site significance. This schedule may need to be revised should inclement weather (i.e., rain) be encountered. The time-and-materials cost for completing this scope of work is estimated to not exceed $6,800.00. These costs will not be exceeded without clients’ authorization. Billing will be submitted on a monthly basis for work completed to date. Payment is required within 30 days of billing. Late payments will incur a 1.5% monthly late fee The scope of work and time-and-mataials cost estimate described above reflect our current understanding of project requirements. Amendments to the scope of work and cost will be necessary, if there are modifications to the projecI or the required -ices, or should data recovery be requested, or burials/cremations and or other features be encountered, or extensive revisions be requested by agencies, or meetings with agencies, Native Americans or publiopresentations be required. If human remains are encountered, then all work must halt immediately and the client, City of Carlsbad, San Diego County Coroner, and Native American Heritage Commission will be notified to initiate the required consultation. in light of the findings. The schedule will be adjusted accordingly P-03 Time-and-Materials Cnt August II, 1997 ’ 3 Aug-11-97 02129P Dennis Gallegos 17”‘ < _ TABLE 1 619-929-0056 e, GALLEGOS & ASSOCIATES TESTING PROGRAM FOR THE SHELLEY RANCH PROJECT DETAILED COST ESTIMATE AUGUST 11, 1997 P-02 Task/Personnel Hourly Estimated Rate Hours Estimated cost Phase I Review of Previous Work and Field Visit Management and Coordination Project Manager/Archaeologist Project Archaeologist Subtotal Phase I $75.00 4 % 300.00 $65.00 8 $520.00 $820.00 Phase II Testing Units Project Archaeologist Field Crew Laboratory Analysis Project Archaeologist Laboratory Crew Report Preparation Project Archaeologist Graphics/Word Processing Photo Record/Field Forms ODC Supplies/Mileage/Xerox Subtotal phase II Total Phase I and Phase II Labor and ODC $65.00 4 $260.00 $27.50 68 $1,870.00 $65.00 4 $260.00 $30.00 20 $600.00 $65.00 30 $1,950.00 $31.25 16 $500.00 $27.50 16 $440.00 0 100.00 $5,980.00 $6,800.00 r’ . il i=/ I i .& / 1 ’ i i / / ~ i zi/ ;;g ::- InI :: Pi 3 / ‘3 1 I t. is’ + L I I t I I 1 1 I I t t I I I- t ! 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