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HomeMy WebLinkAbout1998-06-16; City Council; 14725; APPROVAL OF FUNDS AND THE CONSULTANT AGREEMENT CONTRACT WITH WOODWARD-CLYDE INTERNATIONAL-AMERICAS FOR THE CARLSBAD BOULEVARD REALIGNMENT STUDYv @&TY OF CARLSBAD -AGE PP rlA BILL 5 5 AB# /yTa5 TIT!&: 1) DEPT. HD. - MTG. &*/be 98 AGREEMENT CONTRACT WITH WOODWARD-CLYDE CITY Am. - DEPT. PLN -i CITYMGR 1 BOULEVARD REALIGNMENT STUDY APPROVAL OF FUNDS AND THE CONSULTANT INTERNATIONAL-AMERICAS FOR THE CARLSBAD .- t I I RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 98 - I 89 authorizing the Mayor to e consultant agreenlent contract with Woodward-Clyde International-Americas for the develc the study for the Carlsbad Boulevard Realignment Study, and authorizing the appro] $1 93,655 from the General Fund contingency account. ITEM EXPLANATION: The City Council has directed staff to contract with a consultant to: (1) prepare an envi constraints analysis for the Carlsbad Boulevard realignment study area; (2) an: environmental impacts of the selected Palomar Airport Road intersection realignmen conceptual eastern roadway realignment of Carlsbad Boulevard; and, (3) prepare a COI use study to evaluate potential land use alternatives for the surplus public right-of-way ( the realignments. The study area includes all the public lands adjacent to Carlsbad Bouk Manzano Drive south to the bridge over the mouth of Batiquitos Lagoon. Staff is recol that Woodward-Clyde International-Americas be awarded the contract at a cost of $193,6E BACKGROUND INFORMATION: €3 Lkl > 0 sr= & 2 z 0 I- o J z 3 0 o .. I a G The northbound and southbound lanes of Carlsbad Boulevard are currently loca approximately 200 to 350 foot wide City-owned right-of-way. In addition, the north and s travel lanes are physically separated a distance ranging from approximately 40 to over various locations. This wide public right-of-way and roadway separation results in area: right-of-way located between and adjacent to the travel lanes. If Carlsbad Boulevard wa to the eastern extent of the public right-of-way and Palomar Airport Road (PAR) n intersection, then these realignments would create large parcels of land located adja existing South Carlsbad State Beach campground and the coastline. The City wants to E -use opportunities, preparatory to assigning zoning, general plan, and Local Coast; designations. Potential land uses might include expansion of the campground, incre; access to the beach, a large seaside park in the area, or development of recreat commercial land uses (potentially necessary to fund roadway realignment construction cc The consultant will prepare the planning study in two separate phases. The first phase , analysis. This phase will include an inventory of environmental constraints and an ani I potential for environmental impacts created by the roadway realignments and use of lands and a summary report of the findings. The consultant will prepare the second pha the findings of the first phase. In the second phase the consultant will prepare a Final F Report incorporating land use alternatives and economic feasibility analysis for I realignments and development of the surplus public land created by the roadway realigr The study will determine the potential amount of developable land in the study a necessity and approximate extent of any mitigation to offset potential future environmr The consultant will meet with affected public agencies and interested citizens to expl process and to gather input on potential land uses to be analyzed in the study. The c explore the potential for outside funding sources to realign the roadway and develop lar of base mapping, resourcelconstraints inventory, and a preliminary physical/environmt I r1 PAGE 2 OFAGEND % ILL NO. \ '? 3 2s 0 area. The consultant will also prepare a land use and economic analysis to include a potential land use alternatives for the surplus land. The final study report will be a resourc of multiple land use planning opportunities along the roadway corridor. The study does not a definitive project that could be constructed upon City Council acceptance of the study rl rather, provides the necessary background information to formulate the feasibility of poten projects in the corridor. Future detailed project site planning of the study area could I include a comprehensive Specific Plan for the corridor, General Plan Amendments, Zone Local Coastal Program Amendments, and Conditional Use Permits. A team of staff members from the City's Planning, Public Works, Administrative Serv Community Services Departments and staff from the California Department of Parks and F all assisted in the preparation of the Request for Proposal (RFP) and the review of the ( proposals. Twenty-three separate consulting firms were sent an RFP and five firms su proposal. Out of the five, qualified consulting firms, the staff is recommending that Woodw International-Americas be awarded the contract based on the following reasons: 1. The quality and organization of their proposal; and the City Council to more effectively evaluate and weigh the positives, negatives, and 2. The qualifications and experience of the primary firm and their sub-consultants, i (1) Wallace Roberts & Todd; (2) Economics Research Associates; and, (3) G Associates; 3. The ability of the firm to provide the necessary services as requested in the RFP ar those services in a detailed, comprehensive, and timely manner; 4. The firm and their sub-consultant's familiarity with the study area, the Coasta general, and their experience working in the City of Carlsbad on other projects, and 5. In addition to the merits of its proposal, the firm submitted the lowest bid. ENVIRONMENTAL REVIEW: Allocating funds to contract with a consultant to prepare the planning study would r environmental review. Prior to the adoption of a specific plan, site plan, or other land us based on recommendations from the planning study, detailed environmental analy: required along with coordination with the State and other appropriate agencies. FISCAL IMPACT: In the July 7, 1997 Agenda Bill to the City Council, staff estimated that the potential consL for the study would range from approximately $100,000 to $250,000. Woodw: International-Americas competitive bid of $193,665 is within the anticipated cost range a the complexity and comprehensive scope of the necessary studies which include, biological, cultural, and paleontological resource surveys, and geotechnical, acoustical, c use, and economic feasibility analysis. The work tasks performed under the consultant agreement contract will be funded throu Fund contingency account and have an impact of $193,665.00. EXHIBITS: 1. City Council Resolution No.% - ! 8'7 authorizing the Mayor to execute a agreement contract with Woodward-Clyde International-Americas for the develop Carlsbad Boulevard Realionment Study and authorizing the appropriation of $IC the General Fund contingency account. f I I 0 e 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. 98-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE A CONSULTANT AGREEMENT CONTRACT WITH WOODWARD-CLYDE INTERNATIONAL-AMERICAS FOR THE DEVELOPMENT OF THE CARLSBAD BOULEVARD REALIGN- MENT STUDY, AND THE APPROPRIATION OF $1 93,655 FROM THE GENERAL FUND CONTINGENCY ACCOUNT. CASE NAME: CARLSBAD BOULEVARD REALIGNMENT STUDY The City Council of the City of Carlsbad, California, does hereby r follows: WHEREAS, it is desirable and in the public interest to explore the reali! Carlsbad Boulevard from Manzano Drive to the mouth of Batiquitos Lagoon, to incre; access and use of beach front /properties; and WHEREAS, the development of the study will include: (1) an envil constraints analysis for the Carlsbad Boulevard realignment study area; (2) an analy environmental impact of the selected Palomar Airport Road intersection realignmen conceptual eastern roadway realignment of Carlsbad Boulevard; and, (3) a corridor study. to evaluate potential land use alternatives for the surplus public right-of-way c the realignments. WHEREAS, Woodward-Clyde International-Americas is the most qua considered to develop the study. WHEREAS, the city has complied with Section 3.58.150 of the Munici regarding selection procedure lor professional services. NOW, THEREFORE, BE IT RESOLVED by the City Council of th Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the consultant fee of $193,655 will be allocated from Gen contingency account and transferred to the Planning Department Miscellaneous Prc Services account. I (T il e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 l6 I 17 18 19 20 21 22 23 24 25 ~ 26 27 28 3. That the consultant agreement contract (attached) with Woodu International-Americas is hereby approved and the Mayor and City Clerk are hereby and directed to execute said agreement. Following the Mayor's signature, the Cil further authorized and directed to forward two (2) executed copies of said agreemer resolution to Woodward-Clyde International-Americas attention Mr. Scott S. Moorhou: Manger, Pacific Center II, Suite 1000, 1615 Murray Canyon Road, San Diego Califorr 431 4. PASSED AND ADOPTED at a regular meeting of the City Council of Carlsbad on the 16 day of June , 1998, by the following vote, to wi AYES: Council Members Lewis, Finnila, Nygaard, Hall & Kulc NOES: None ABSENT: None ATTEST: -..A- c p" ALETHA L. RAbTENKRANZ, City Clerk f (SEAL) -2- f ? 1 I 0 0 AGREEMENT THIS AGREEMENT is made and entered into as of the 16 (sixteenth) day June , 1998, by and between the CITY OF CARLSBAD, a municil corporation, hereinafter referred to as "City", and WOODWARD-CLYI INTERNATIONAL-AMERICAS, a corporation of the State of Nevada 19' hereinafter referred to as "Contractor." RECITALS City requires the services of WOODWARD-CLYDE INTERNATION/ AMERICAS Contractor to provide the necessary Engineering, Planning, a Environmental services for preparation of the Carlsbad Boulevard Realignmc Study; and Contractor possesses the necessary skills and qualifications to provide services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covena contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS Investigate, prepare, and submit a Feasibility Study for the proposed realignm of Carlsbad Boulevard between Manzano Drive and the mouth of Batiqui Lagoon in accordance with the attached Exhibit "A" which includes the Revi: Scope of Work (Pages 5-1 through 5-16). rev. 10/2; 1 f I , 0 0 Professional Responsibility. Contractor shall be obligated to comply wi, applicable standards of professional care in the performance of the Services City recognizes that opinions relating to environmental, geologic, ar geotechnical conditions are based on limited data and that actual conditions m; vary from those encountered at the times and locations where the data a obtained, despite the use of professional care. Responsibilitv of Others. Contractor shall be responsible to City for i Services and the services of its subcontractors. Contractor shall not I responsible for the acts or omissions of other parties engaged by City nor I their construction means, methods, techniques, sequences, or procedures, their health and safety precautions and programs. 2. CITY OBLIGATIONS The City shall provide the following: 1. One (1 ) copy of the General Plan and Master General Plan EIR; 2. One (1 ) copy Zoning Ordinance; 3. One (1 ) copy of the Local Coastal Program; 4. One (1) of the GIS Biological Habitat Map: 5. One (1 ) copy of the Open Space and Conservation Resource Management Plar 6. One (1) copy of the City's Noise Guidelines Manual and General Plan noise contour map; 7. One (1) copy of the City's Cultural Resource Guidelines; 8. One (1) of the City Council Agenda bill authorizing the study; rev. 10/22, 2 I I I c 0 e 9. One (1) copy of the Preliminary Carlsbad Boulevard eastern realignment exhibil 10. One (1) copy of the Boyle Engineering Study for the PAR intersection realignment; 11. One (1 ) copy of the Poinsettia Shores Master Plan; 12. One (1) copy of the Poinsettia Properties Specific Plan; 13. One (1 ) copy of the Engineering Department standards, and; 14. One (1) copy of the South Carlsbad State Beach General Plan. 15. One (1) electronic copy of project area orthographic map. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt notification to proceed by the City and be completed within two hundred and seven (270) days of that date. Extensions of time may be granted if requested by tl Contractor and agreed to in writing by the Project Manager. The Project Manager v give allowance for documented and substantiated unforeseeable and unavoidat delays not caused by a lack of foresight on the part of the Contractor, or delays caus by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $193,665.00 shown on Table I of Exhibit “A”. No other compensation for services will be allow except those items covered by supplemental agreements per Paragraph 8, “Changes Work.” The City reserves the right: to withhold a ten percent (10%) retention until 1 rev. 10/221 3 , 0 0 project has been accepted by the City. Incremental payments, if applicable, should be made as outlined in attach4 Exhibit "A," 5. DURATION OF CONTRACT, This agreement shall extend far a period of one (I) year from date thereof. Tt contract may be extended by the City Manager for one (1) additional one (1) ye periods or parts thereof, based upon a review of satisfactory performance and the CiQ needs. The parties shall prepare extensions in writing indicating effective date a1 length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contract1 within 30 days of receipt of the invoice. The contract is a flat fee contract ar billings will be paid monthly based on work performed during that month 2 agreed on by the Contractor and the City. 7. FINAL SUBMISSIONS Within five (5) days of completion and approval of the Final Project Stud Report the Contractor shall deliver t.o the City the following items: A. 25 bound copies of the Final Project Study Report including tex graphics, and reduced plans; B. 1 camera ready master for black and white copies;. C. 1 set of full-size mylar reproducible base map and constrain1 rev. 10/22/9 4 e 0 exhibit, and ; D. 1 computer disk with the Final Project Study Report text, chart! graphics, and applicable photographs. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or tf City, and informal consultations with the other party indicate that a change in tt conditions of the contract is warranted, the Contractor or the City may request a chans 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 by Contractor inform them of the proposed changes along with a statement of estimated changes charges or time schedule. A Standard Amendment to Agreement shall be prepared 1 the City and approved by the City according to the procedures described in Carlsb; Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rend ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained a company or person, other than a bona fide employee working for the Contractor, solicit or secure this agreement, and that Contractor has not paid or agreed to pay a company or person, other than a bona fide employee, any fee, commissic percentage, brokerage fee, gift, or any other consideration contingent upon, or resulti from, the award or making of this agreement. For breach or violation of this warrar rev. 10/22, - 5 I I e 0 the City shall have the right to annul this agreement without liability, or, in its discretior to deduct from the agreement price or consideration, or otherwise recover, the fu amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regardin nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the wo, as provided for in this contract, the City Manager may terminate thjs contract fc nonperformance by notifying the Contractor by certified mail of the termination of tt Contract. The Contractor, thereupon, has five (5) working days to deliver sa documents owned by the City and all work in progress to the Project Manager. Tt Project Manager shall make a determination of fact based upon the documen delivered to City of the percentage of work which the Contractor has performed which usable and of worth to the City in having the contract completed, Based upon tt finding as reported to the City Manager, the Manager shall determine the final payme of the contract. This agreement may be terminated by either party upon tendering thirty (2 days written notice to the other palrty. In the event of such suspension or terminatic upon request of the City, the Contractor shall assemble the work product and put sal in order for proper filing and closirlg and deliver said product to City. In the event rev. 10122 6 0 0 termination, the Contractor shall be paid for work performed to the termination datf however, the total shall not exceed the lump sum fee payable under paragraph 4. Th City Manager shall make the final dletermination as to the portions of tasks complete and the compensation to be made. 12. DISPUTES If a dispute should arise regarding the performance of work under th agreement, the following procedure shall be used to resolve any question of fact 4 interpretation not otherwise settled by agreement between parties. Such questions, they become identified as a part of a dispute among persons operating under th provisions of this contract, shall be reduced to writing by the Contractor or the Cil Project Manager. A copy of such documented dispute shall be forwarded to bo1 parties involved along with recommended methods of resolution which would be ( benefit to both parties. The City Project Manager or principal receiving the letter shz reply to the letter along with a recommended method of resolution within ten (IO) day! If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlinin the dispute shall be forwarded to the City Council for their resolution through the Offic of the City Manager. The City Council may then opt to consider the directed solution t the problem. In such cases, the action of the City Council shall be binding upon th parties involved, although nothing in this procedure shall prohibit the parties seekin remedies available to them at law. rev. 10/22/9 7 < 0 0 13. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must I asserted as part of the contract process as set forth in this agreement and not anticipation of litigation or in conjunction with litigation. The Contractor acknowledgc that if a false claim is submitted to the City, it may be considered fraud and tl Contractor may be subject to criminal prosecution. The Contractor acknowledges tt California Government Code sections 12650 et sea, the False Claims Act, provides 1 civil penalties where a person knowingly submits a false claim to a public entity. The provisions include false claims made with deliberate ignorance of the false informati1 or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see to recover penalties pursuant to the False Claims Act, it is entitled to recover litigation costs, including attorney's fees. The Contractor acknowledges that the filing a false claim may subject the Contractor to an administrative debarment proceedi wherein the Contractor may be prevented to act as a Contractor on any public work improvement for a period of up to five years. The Contractor acknowledges debarmc by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contrac from the selection process. \w (llnitial) 55M The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.0; 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referenc 5s - ,?-' (Initial) rev. 10/22, 8 0 0 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's ow way as an independent Contractor and in pursuit of Contractor's independent callins and not as an employee of the City. Contractor shall be under control of the City on1 as to the result to be accomplished, but shall consult with the City as provided for in th request for proposal. The persons used by the Contractor to provide services under th agreement shall not be considered employees of the City for any purposes whatsoevel The Contractor is an independent Contractor of the City, The payment made 1 the Contractor pursuant to the contract shall be the full and complete compensation 1 which the Contractor is entitled. 'The City shall not make any federal or state tz withholdings on behalf of the Contractor or hidher employees or subcontractors. Th City shall not be required to pay any workers' compensation insurance ( unemployment contributions on behalf of the Contractor or hidher employees ( subcontractors. The Contractor agrees to indemnify the City within 30 days for any ta: retirement contribution, social security, overtime payment, unemployment payment ( workers' compensation payment which the City may be required to make on behalf ( the Contractor or any employee or subcontractor of the Contractor for work done undc this agreement or such indemnification amount may be deducted by the City from ar balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Refor; and Control Act of 1986 and shall comply with those requirements, including, but nl rev. 10/22/E 9 I 0 0 limited to, verifying the eligibility for employment of all agents, employef subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications prepared under t\ agreement to conform to all applicable requirements of law: federal, state and loca To the extent contemplated by the scope of services, Contractor shall provide necessary supporting documents, to be filed with any agencies whose approval necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMEN3 All plans, studies, sketches, drawings, reports, and specifications as here required are the property of the Gty, whether the work for which they are made I executed or not. In the event this contract is terminated, all documents, plar specifications, drawings, reports, and studies shall be delivered forthwith to the CitJ Contractor shall have the right to make one (1) copy of the plans for hidher records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the wo pursuant to this contract shall be vested in City and hereby agrees to relinquish i claims to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and I rev. 10/22/E 10 e 0 officers, officials, employees and volunteers from and against all claims, damage losses and expenses including attorneys fees arising out of the performance of tl work described herein to the extent caused by any willful misconduct, or negligent ac or omission of the Contractor, any of its subcontractors, anyone directly or indirec employed by any of them or anyone for whose acts any of them may be liable. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any moni due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under tl contract by the Contractor, contractor shall be fully responsible to the City for the a( and omissions of Contractor's subcontractor and of the persons either directly indirectly employed by the subcontractor, as Contractor is for the acts and omissions persons directly employed by Contractor. Nothing contained in this contract sh create any contractual relationship between any subcontractor of Contractor and t City. The Contractor shall bind every subcontractor and every subcontractor of subcontractor by the terms of thik contract applicable to Contractor's work unle specifically noted to the contrary in the subcontract in question approved in writing the City. rev. 101221 11 0 0 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City negotiate, make, accept, or approve, or take part in negotiating, making, accepting, approving of this agreement, shall become directly or indirectly interested personally this contract or in any part thereof. No officer or employee of the City who is authorizl in such capacity and on behalf of the City to exercise any executive, supervisory, similar functions in connection with the performance of this contract shall becor directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or canversation with any officer, agent, or employee of t City, either before, during or after ,the execution of this contract, shall affect or mod any of the terms or obligations herein contained nor entitle the Contractor to a additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNI Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall inure to and shall bind each of the part hereto, and each of their respective heirs, executors, administrators, successors, a assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writl above. rev. 10/221 12 0 0 25. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk accordance with the requirements of the City's conflict of interest code incorporati1 Fair Political Practices Commission Regulation 18700 as it defines a consultant. TI disclosure category shall be categories 1 , 2, 3, &, 4. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and a1 and all amendments insurance against claims for injuries to persons or damage property which may arise out of or in connection with performance of the wc hereunder by the Contractor, his agents, representatives, employees or subcontractol Said insurance shall be obtained from an insurance carrier admitted and authorized do business in the State of California. The insurance carrier is required to have current Best's Key Rating of not less than "A-:V" and shall meet the City's policy f insurance as stated in Resolution No. 91-403. A. Coverages and Limits, Contractor shall maintain the types of coverages and minimum limi indicated herein, unless a lower amount is approved by the City Attorney or CI Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combint single-limit per occurrence for bodily injury, personal injury and property damage. If tt submitted policies contain aggregate limits, general aggregate limits shall app rev. 10/22/! 13 0 0 separately to the work under this c:ontract or the general aggregate shall be twice tl required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved 1 Contractor's work for the City). $1,000,000 combined single-limit per accident for bod injury and property damage. 3. Workers' Compensation and Employer's Liability. Worke Compensation limits as required by the Labor Code of the State of California a1 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 claim. Covera! shall be maintained for a period of five years following the date of completion of t work. 6. Additional Provisions. Contractor shall ensure that the policies of insurance required under tl agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all polici excluding Workers' Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the C before commencement of work. 3. The Contractor shall obtain occurrence coverage, excludi Professional Liability which shall be written as claims-made coverage. rev. 10/22/ 14 0 0 4. This insurance shall be in force during the life of the agreement ar any extension thereof and shall not be canceled without 30 days prior written notice fhe City sent by certified mail, 5. If the Contractor fails to maintain any of the insurance coveragc required herein, then the City will have the option to declare the Contractor in breach, may purchase replacement insurance or pay the premiums that are due on existil policies in order that the required coverages may be maintained. The Contractor responsible for any payments made by the City to obtain or maintain such insuranc and the City may collect the same from the Contractor or deduct the amount paid fro any sums due the Contractor under this agreement. /Ill Ill1 //I/ /Ill /Ill l/ll //I/ ///I /Ill ///I //I/ rev. 10/22/! 15 0 0 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to recet written notice on behalf of the City and on behalf of the Contractor in connection w the foregoing are as follows: For City: Title: Planninq Director. Michael J. Holzmiiler Attn: Associate Planner/Proiect Manager- Name Jeff Gibson Address Citv Of Carlsbad/Plannincl DeDartme 2075 Las Palmas Drive. Carlsbad CA 92009-15' For Contractor: Title Woodward-Clvde Operations Manager Name Scott S. Moorhouse Address Sunroad Plaza 3, Suite I000 -1615 Murrav Canvon Rd.. SD. CA 921( ArchitecVLicense Number: ArchitecVLicense Number: 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for tt duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to contemplated herein, embody the entire agreement and understanding between tt rev. 101221C 16 a 0 parties relating to the subject matter hereof. Neither this agreement nor any provisic hereof may be amended, modified, waived or discharged except by an instrument writing executed by the party against which enforcement of such amendment, waiver discharge is sought. Executed by Contractor this I S-k day of J u vcG - , 19s CONTRACTOR: LLQOdLwJL ttqL/d-\A&DV-I - (name of Contractor) ’ &M ebj CW % - m,\ - 5- rn00YkQOLJ uo‘tt ?&Ami (print nameltitle) ATTEST: By: QJL gl” (sign here) - - f&LEU &6 dzud% A (print rerne!tit.le) 1 City Clerk (Proper rmtariai acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign f corporations. If only one officer signs, the corporation must attach a resolution certifit by the secretary or assistant secretary under corporate seal empowering that officer bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By -h;a‘ /L z 45s f City orney rev. 10/22/! 17 0 0 STAT€! OF CALIFORNIA COUNTY OF SAN DIEGO On June 1, 1998 before me, Sonya Damian, Notary Public Notary Public, personally appeared Scott Moorhouse > [x] personal known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) who, name(s) islare subscribed to the within instrument and acknowledged to me that he/she/thc executed the same in hishedtheir authorized capacity(ies), and that by hisher/their signature( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execut, the instrument. WITNESS my hand and official seal. . -<-IZV Fr8Tl-V rev. 10/22/ 18 0 0 STATE OF COLORADO COUNTY OF DENVER On May 29, 1998 before me, Leslie S. Hahn. Notarv Public personally appeared Valorie B. Feher [dpersonally known to me - or [ proved to me on the basis of satisfactory evidence to be the person@) whose names@ idare subscribed to the within instrument and acknowledged to me that he/she/the! executed the same in hislherltheir authorized capacity(ies), and that by his/her/thei 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. CJ4LALn.L (Signature of Notary) My Commission Expires DECEMBER 22,1999 0 0 Exhibit A Agreement for Professional Consultant Services on Impacts from the Realignment of Carlsbad Boulevard and the Palomar Airport Road Intersection and Utilization of the Excess Public Right-of-way Contractor will begin work within ten (10) calendar days after receipt of notification to procr by the City. Upon the 1st working day of each month Contractor will provide to the City detail progress reports of work completed in accordance with the Scope of Work. Woodward-Clyde will invoice the City monthly to reflect work performed that month in accc dance with the Scope of Work. Monthly payments will continue until ninety (90%) perce $174,298.50, has been paid by the City. A final ten percent (10%) of the contract $19,366.50, will be retained pending acceptance of t ."" " ~~ ~" "~~".~.~ final product in accordance with the Sc.op of Work and any change orders approved by the CiQ -0 -1- W:WI5M(OKWROP€-EA\ 13-"98 \SI 0 e Task 1 - Mapping, Resource inventory and Physical Constraints Analysis 1.1 Meet with City staff to initiate the project and obtain relevant existing information 1.2 Review relevant planning documents 1.3 Prepare base map of project area 1.4 Inventory surplus land and identify land ownership 1.5 Identify slope and geologic hazards 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 Conduct biological resources survey and prepare report documenting results Conduct cultural and paleontology resources survey and prepare report documenting results Conduct acoustical survey and prepare report documenting results Conduct visual analysis and prepare report documenting results Prepare comprehensive constraints map Prepare Draft Phase I Report Conduct presentation to City staff Prepare Final Phase I Report Conduct presentation to City Council Task 2 - Land Use and Economic Feasibility Analysis 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Implement publidagency and citizen involvement program consisting of a public meeting, issues analysis, fact sheets, and an informal presentation Conduct land use and economic analysis to address land use alternatives and economic Evaluate alternative financing opportunities Prepare Draft Phase II Report Conduct presentation to City staff Prepare Final Phase II Report Conduct presentation to City Council Prepare Final Project Study Report in the form of an addendum to the Final Phase II Report feasibility Deliverables 1. 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 6. Base map of the project study area including proposed project and grading limits Biological resources survey draft and final reports Cultural and paleontology resources draft and final reports Acoustic analysis draft and final reports Visual analysis draft and final reports Comprehensive constraints map in hard copy and digital version Draft Phase I Report Final Phase I Report Public/Agency and Citizen Involvement program materials Draft Phase IIStudy Report Final Phase II Study Report Final Study Report Addendum -0 -2- WW#S~fOPROP€-E.A \ I3Ap-98 \ 0 0 ~O~b~~,,,,,,,,,,~~~~~~~~ z ~~~~-~~~~~~~*~-~~~~~~~~~~~~~~~~~~~~"~~~~~~~~~~~ as69*6969**69 --%96969Hw69"6969"a Eo W~~J~amrnm-~~m-(-~~rn- c. m-vl-brn\o~o- -~r~~~wm-bmm~m v+w -s u wwwff) we w cn c/) w - Lo c Y Y u .I z Y w" Y $ u x 73 J 2; Y c 42 s g .,M E..; -c E 9 4 I % c8 + aJ J I a Q 'Q Ll u 0 e m .- Y .- Y .- - - c u Q) 0 b& .- 2e SY (r- 0 w e. ar om xF 2 B - 2 -. u =% .5? 0 035 E - p E U Y uL '? e ab) LO 23 .. .. s 0 E c) 0 .-( Q) .- u C0;;i -- e 0 G&A .~. 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We will focus constraints to the project and the opportunities available that n result from the project. We will conduct a thorough a comprehensive study of the topics discussed in this scope of wo Our studies will not be studies for the sake of studying the iss Rather, they will be focused on the City's goals and objectil articulated in the Request for Proposal. Our work products will produced so that they will become valuable resources for use further project study, or as the basis for fuNre regulatory requir approvals (e.g., EIR, 404 Permit, LCP Amendment, etc.). A conceptual schematic of our approach to this project is provid in Figure 5-1. This figure provides a graphical representation the interrelated nature of the various project studies proposed 1 this project. As viewed in the figure, the three broad types evaluations (environmental, physical, and economic) proceed what appear to be independent pathways. However, as can be se in the figure, they all converge at the box titled Economic Viabill Analysis. The economic viability of the project can be seen as tl linchpin for the project because without a financially sound proje no further progress can be made. However, all of the seeming divergent disciplines must complement each other for ea pathway to ultimately support the chosen development plan. 0 on. That is why all of the technical analyses need to be complet, with the overall objective of the project in mind and not completl for the sake of that particular study. Our project manageme approach has been assembled to provide the appropriate level 1 interaction necessary to keep the overall goal of the project at tl forefront of the analysis. Our proposed scope of work contained the following sections is based on this philosophy and will 1 reinforced throughout the execution of this project. 5.1.1 Project Initiation analysis feeds off another, and that one feeds into another, and Within one week of notice to proceed, we will meet with City st2 to fine tune the scope of work presented in this proposal. We wi work closely with the City to prepare a work plan that clear. describes the scope of work for this project. We have budgeted fc -0 W~BU003K\PROP-C-P.M\13Apr-98\~ffi 5. 0 0 SECTIONFIVE Revised Scope of Wo two meetings during this work task. Detailed information to discussed at the project initiation meeting will include: Communication procedures within the City and betwe consultants, City staff, and other public agencies; Stakeholder participation; Project schedule including milestones, meetings, a deliverables; Data available from the City and other agencies; Presentation format and methodology for various public a agency meetings; and Area of Potential Affect (APE) to be evaluated in t environmental studies. 5.1.2 Existing Planning Context The team will review relevant planning documents including t City General Plan and Elements, Growth Management PI; Cultural Resource Guidelines, Noise Guidelines, Local Coas Program, the South Carlsbad State Beach General Plan, and otk relevant documents such as the Carlsbad Opportunistic Sa members in carrying our their studies and incorporated into t Phase I Report. We have budgeted for one staff clarificati Program. Relevant information will be utilized by the te; . meeting during this work task. 5.1.3 Base Mapping A base map of the project area, extending 100 feet beyond t study area, will be prepared using the City’s existing orthograpl mapping data flown in 1988. Because little change has occurr since 1988, we believe this mapping data will be adequate for tl planning-level study. We have budgeted for a three-d verification survey of areas that may have changed since 19 (e.g., Seapointe Timeshare Resort). The base map will be provid in hard copy and digital format. The Carlsbad Boulevarflalomar Airport Road interchangehntc section realignment (Alternative 3) and the City Engineeri Department’s eastern realignment of Carlsbad Boulevard will reviewed and refined, as necessary, for input into the geomel layer of the base map. The profiles will be analyzed and gradi limits established to determine the locations of cut-and-fill slo -0 w:wsJoo3K\pRoPcP.onlBAp-~~ 5 0 0 SECTIONFIVE Revised Scope of Wo li&ts. These grading limits will establish boundaries of dist bance for use in environmental studies. 5.1.4 Surplus Land Acreage and Ownership Inventory Following the production of the base map with the alternati alignment plotted, an inventory of the surplus right-of-way will prepared. This inventory will be prepared in tabular format wi surpius land quantified and identified by owner. This interim wa product will be delivered to the City upon completion and will included in the Phase I Report. 5.1.5 Slope Analysis Slope analyses will be performed in general conformity to tl Coastal Commission Geologic Stability and Bluff.Top Guideline to assess natural inclinations and overall stability. Slo] conditions along the project area including the adjacent shoreii~ bluffs will be evaluated with respect to relative erosion rates a susceptibility to instability. Recommendations for constructic setbacks and safety factors (static and dynamic) will be addresse A general site reconnaissance and delineation of landslide pro1 geologic formations will be performed. A slope analyses map wit associated development constraints will be prepared and incorpc rated into the comprehensive constraints map. In addition, geotechnical hazards map will be prepared. This map will indica! areas of faulting, potential liquefaction, lateral spreadin; settlement prone areas, and other geologic instability conditio1 within the project area. A qualitative assessment of the suitabilil of bluff top cut slopes to be used for beach nourishment will t completed. Although the color of the bluff top sand may contra with existing sand, recent projects (Ponto Beach) in the are successfully used this material for beach nourishment. 5.1.6 Biological Resources Review and Analysis We will conduct a 2-day reconnaissance of the study corridc consisting of the route and the APE (assumed to be up to 100 fec on either side of the route). Sensitive and general biologic; resources will be mapped using route plans and aerial photograph: While the majority of the project area is composed of non-nativ! vegetation (primarily ice plant), selected areas may be considerec sensitive biological habitats (e.g., Encinas Creek). Sensitivl species and habitats will be mapped based on existing databases o known locations or on habitats that may support these species W-J"w.0 ww15jooJK\pRoPcP.onl~AQf-~sffi 5- e 0 SECTIONFIVE Revised Scope of Wo Based on our understanding of the project, we do not anticipate t need to conduct any protocol-level surveys for specific threaten or endangered species as part of this proposed work. We will prepare a report of our findings consisting of a draft rep( for review and comment by the City, followed by a final rep0 This report will describe biological resources found along t route, and potential opportunities and constraints for the proje This report will also identify appropriate permits and authori2 tions that would be required for the project relevant to biologic resources. 5.1.7 Cultural and Paleontology Resources Review and Analysis This scope of work for a Phase I cultural resource study w include a literature review and record search and a field survey approximately 63 acres for the proposed - Carlsbad Bouleva realignment project. All work will be completed in accordan with guidelines of the California Environmental Quality A (CEQA), City of Carlsbad, and Federal Section 106 requiremen Field personnel will survey using 10- to 12-meter-wide transec High probability areas, such as those adjacent to a known site or ( top of a knoll or ridge, will be intensively surveyed for cultul resources. All previously recorded sites within the survey area will relocated, carefully examined, and site forms updated. Shou additional sites be encountered, they will be recorded on site reco forms and recommended for testing. In the course of the surve diagnostic artifacts will be collected. These artifacts will mapped by provenience. A site map will be prepared for each Sj showing location of features (should any be present), provenien of collected diagnostic surface artifacts, and significant landfol andor landmarks. Results will be provided in the State of California report format. draft report will be prepared for City review followed by a fir report incorporating City comments. Any cultural resourc identified during this study will be recommended for testing determine site significancdimportance under State guidelint Testing to determine site significance is required under CEQA, a is not a part of this scope of work. The scope of work described above reflects our current undt standing of project requirements. Amendments to the scope -9 W~K\pROP-GP.013~-sB\\sffi 5 0 SECTIONFIVE 0 Reulsed Scone of Wol ~ ~- work and cost will be necessary if there are modifications to ti project or the required services; or should testing to determine si significance be requested; or extensive number of sites encounter( (over six sites); or burials/ cremations and/or other features t encountered; or extensive revisions be requested by agencies, ( meetings with agencies, or Native Americans be required. Existing studies and published reports will be reviewed determine if any previously identified paleontological sites exi within the project study area. Geologic maps will be reviewed determine if the geologic formations within the study area a: likely to contain fossils of scientific importance. A fie. reconnaissance will be completed to confirm the informatic ascertained during the literature review phase. The results will b presented in a letter report and will discuss the paleontologic; sensitivity of the geologic formations found within the project are; If significant impacts to sensitive paleontological resources a~ likely from the project, mitigation measures will be recommended 5.1.8 Acoustical Analysis The City’s Noise Guidelines Manual and the Noise Element upda! were prepared under contract by our proposed Noise Task Manage in cooperation with City staff as part of the update of the City’ General Plan. He will be assisted by the same noise engineer whl conducted field measurements and traffic noise modeling for th Noise Element revision. Thus, the noise assessment team is ver familiar with acoustical conditions in the project area. Existing relevant documentation will be reviewed. This wi: include City md state agency planning documents and previou environmental analyses. Following the review, we plan to met with City Planning Staff to verify our mutual understanding of thc project, the objectives of the noise study, including projec viability/significance criteria and preferred mitigation methods, an( sensitive receptor and proposed noise measurement locations. 1 one-day field investigation will be conducted, including a~ informal “audibility” survey of existing traffk or other ambien noise. Ambient noise will be measured along the project alignmen to characterize the existing noise environment and to calibrate th noise model. The field measurements will consist of up to eigh (8) short-term (<1 hr) measurements obtained with a precision digital, integrating, Type I Sound Level Meter (SLM). Project-related changes in traffk noise will be modeled anc compared with existing and future traffic noise without thc w“=wmo w:\98~oP-cP.mlJ.Ap(-98\\sffi 5-! 0 0 SECTIONFJYE Revised Scope of Wo proposed project. The traffic noise model will be Sound32, v1.L a personal computer version of the FHWA STAMINA 2 program. Additionally, our extensive computer aided design a drafting (CADD) capabilities can accommodate a wide range geometric and topographic project data that may be available frc the City's ARCINFO GIS system. The potential noise effects the project on nearby noise-sensitive receptors will be evduatt Significance criteria, and mitigation measures if necessary, will consistent with the City of Carlsbad Noise Element and the Cit; Noise Guidelines Manual. The results of our noise impact asse! ment study will be summarized in a draft report for City revic followed by a final report incorporating City comments. 5.1.9 Visual Analysis Visual analysis will be prepared using two methods: a statione method and a sequential comparative method. The stationa method will analyze particular viewpoints through illustrati means. This analysis will establish foreground, middle-ground a background visible areas, qualitatively assess the elements viewe based on the city's criteria for valuable views; and graphic& depict them. Visual analysis exhibits of the significant scer viewsheds in the study areas will be prepared. Up to ten exhibi approximately 8.5 inches by 11 inches, will be prepared, usi existing condition photographs as the base. These exhibits can al be printed in a larger format or incorporated into a sli presentation for publidagency meeting and meetings before t City Council. Following the stationary method, Highway Sta dards sequential visual quality analysis techniques for assessing t quality of the views for both southbound and northbound trafl will be used. Sequential visual quality analysis revolves sou: comparative assessment of various viewpoints and how they re12 to previously viewed or anticipated viewsheds. A draft visual Analysis Report summarizing the visual analysis a; address potential impacts will be prepared for ,City revie priority viewsheds that could be protected; pockets of areas tk are not in significant viewsheds and therefore will not ha constraints to development; and, areas that should be developed improved to screen undesirable or inconsistent views. Diagrar will be presented in three dimension wherever possible. Mitig tions for viewshed enhancement, protection or alteration will Diagrams will be prepared that illustrate first priority and seco w"-mO WWJSXX13K\PAOPCP.@S13Apr-~Sffi 5 e 0 SECTIONFIVE Revised Scope of Wo summarized. A final report will be prepared for incorporating C comments. 5.1.10 Comprehensive Constraints Map Woodward-Clyde will prepare a Comprehensive Constraints M (CCM) for the project area using a GIS methodology. Data will accumulated from existing City GIS databases and CAI drawings developed in Task 5.1.3 and combined with the results this study to develop the CCM. The map will include themes f biological habitats, cultural resources, floodplains, interrnitte drainage courses, slope percentages, beaches, permanent bodies water, major easements, railroad track beds, bluff are; geotechnical hazards, significant viewsheds as well as base m features and topography. The process of creating this map w result in the accumulation of an extensive GIS database which w ware system to be used for the project will be Archfo a ArcView. Following completion of the map, large format displays different elements of the project will be created for public meetin and presentations. It is assumed that approximately 5 of the products will eventually be generated. If requested by the City, v will supply a GIS operator and computer hardware necessary demonstrate the GIS database to City staff. 5.1.1 1 Draft Phase I Report A Draft Phase I Report will be prepared that presents the findin of the technical studies conducted in Phase I of the project. 1 described in the City's Request for Proposal, the report will inch the following sections: (a) executive summary; (b) projc description, history, and environmental setting; (c) Phase I go: and objectives; (d) a summary of the findings of Phase I and tht implications for the land use analysis; and (e) summary tablc maps, exhibits, and figures. We recommend adding a chapter evaluating the cost for COI structing the project in order to update and account for any changr in project design. Cost estimates from the Carlsbad Boulevar Palomar Purport Road interchangehntersection realignment stuc and the City Engineering Department's eastern realignment I Carlsbad Boulevard will be reviewed and updated, as applicabl Areas for construction cost savings will be considered. New ca estimates for previously unidentified project components will 1 be transferred to the City in electronic format. The primary so -e W\9853003WROP-C-P.On13"98\\SOG 5 0 0 SECTIOWHVE Revised Scope of Wo developed which may include reduced or additional costs. The cost estimates will be utilized for comparison to land use reven generation alternatives in Phase II to determine financ feasibility. We also recommend a chapter dealing with environmental PC mitting of the project. .From our experience worlung on coas projects in California, environmental permitting issues can often overlooked and later become significant impediments to projc success. The recommended chapter on environmental perrnitti will provide an overview of the environmental permits a approvals likely required for the project. The specific agen issuing the pexmitjapproval, typical processing time, and ability the project to obtain the permir/approval will be discussc Examples of pennits/approvals that may be required for the projc include an Environmental Impact RepodEnvironmental Imp; Statement, Clean Water Act 404 permit, California Fish and Ga Section 1603 Streambed Alteration Agreement, and Califon Coastal Commission Coastal Development Permit. Fifteen copies of the Draft Phase I Report including maps a technical studies will be delivered to the City for review a comment. We have budgeted for two technical study progrr meetings prior to the preparation of the Draft Phase I Report. 5.1.1 2 Staff Presentation , Our Project Manager and selected discipline leaders will meet w City staff to present the findings of our Phase I studies. If deem appropriate by the City, we will bring our GB data file to I meeting and present the information on constraints in real time a portable computer, or using the City’s computer facilities. TI will allow City staff to view the project and make modifications the data files instantaneously. 5.1.1 3 Final Phase I Report A Final Phase I Report will be prepared based on comments a recommendations provided by City staff. A response matrix in cating the response to the comment and where the response can found in the document will be developed to ensure that ee comment is addressed to the City’s satisfaction in the final rep( We have budgeted for one meeting during this work task to clar Report will be prepared and submitted to the City. City comments as necessary. Twenty copies of the Final Phas -0 , W\9853W3WPROPC-P.(#\(3-Apr-98\\Sffi . e 0 SECTIONFIVE Revised Scope of Wo 5.1 -14 City Council Meeting Our Project Manager and selected discipline leaders will pres€ the findings of our Phase I studies and the process for Phase ll the City Council, We will utilize GIS maps, visual simulatio\ and other exhibits to illustrate the results of the Phase I studi’ We will provide color copies of any overhead or slide presentati materials to each member of the City Council. 5.2 PHASE II - LAND USE AND ECONOMIC FEASIBILITY ANALYSIS Following the Phase I study and presentation to the City Counc the team will commence with Phase II. Prior to beginning work Phase 11, the project scope of work, budget, and schedule will reviewed with all team members as well as the City. No work u begin on Phase II until authorized by the City. 5.2.1 PubliclAgency and Citizen Involvement The following discussion provides our overall conceptual appro2 for public and agency involvement. Because a wide range in 1 level of effort exists with regard to this issue, we have presentec conceptual approach to this task followed by our specific scope work which corresponds to our level of effort contained in our c proposal. We can modify our approach based on discussion w the City during final contract negotiations. Conceptual Approach We believe public involvement will be an important part of project. The key to securing the public’s confidence in the proj is to conduct a public involvement program that- informs sta meaningful input into the project. Based on these goals and our experience, we propose a siml direct, and cost-effective program. First, we will establish. a sin point-of-contact for citizen inquiries and a central repository wh citizens can go to review project documents (this could be at Planning Department’s office). The primary components ( program will be conducting a public meeting, preparing i distributing fact sheets, and conducting informal presentations. These activities will focus on reaching those most likely affec by the project, namely residents adjacent to the northbound side Carlsbad Boulevard, including residents of the Ponto Rc . holders early in the process and provides opportunities -0 W:\98~RoPG-P.D5\lS”9aSffi 0 0 SECTIONFIVE Revised ScoDe of Wo neighborhood, and the Lanikai Lane and Solimar Estates Mob Home Parks. This group may be impacted by constructi disturbances and obstructed views. Adjacent property ownc (e.g., Poinsettia Properties and Poinsettia Shores) will also be v( interested in the project. Fact sheets will give them an overview the project, who to contact and where to go for more informatic and a return mailer to provide comments. We will contact lo( officials to get their input and keep them updated on the proje Informal presentations to groups such as the California Departmc of Parks and Recreation, Seapointe Resort, Carlsbad Chamber Commerce, and the City of Carlsbad Beach Erosion Commit will also be valuable in disseminating information and obtaini interested parties’ concerns. The public meeting will be the main component of the program. will include preparation of a press release, newspaper adverti, ments, handouts, and visual materials. This will give stakehold1 their most effective opportunity to meet with the project offici and to provide direct input. We will work with the City appropriate government agencies (e.g., State Department of Pa and Recreation, California Coastal Commission, Califon Department of Fish and Game, Caltrans, U.S. Army Corps Engineers, and U.S. Fish and Wildlife Service). Once the rneeti is complete, we will provide an analysis of the stakehold1 concerns identified. We will follow up with another fact sheet inform the public of what concerns were identified and how tk were addressed. A well-run public involvement program will lead to improl decision-malung and save the City time and effort. Stakehold will be educated about the project benefits and will have taken p in its creation. The program will provide the City with a sa foundation of information to be used if the project continues Carlsbad to encourage participation in the meeting by I proceed. Proposed Scope of Work Public Meeting. We will schedule, coordinate, facilitate, and p pare presentation materials for one community meeting to disc1 the Carlsbad Boulevard Realignment project. Activities needed complete this task will include: -e w~as3M)3WRoP-CP.Onl3-Apr-98\\sDG 5 0 0 SECTIONFIVE Revised Scope of Wc Preparation of the following items: - sign-in sheets - meeting agenda - mailers - other handouts - PowerPoint slide presentation - presentation boards - public notice for publication in local newspapers (i North County Times) - news release - any related notification materials as needed to notify public of meeting date, time and location Organization of a dry-run meeting Meeting facilitation. Issues Analysis. After completion of the public meeting, we v provide an analysis of the issues and concerns of the stakehold identified. The results will be summarized and analyzed in a rep to the City of Carlsbad. The report will include recommendatic on future public involvement activities. Fact Sheets. We will prepare one fact sheet for distribution to I stakeholders prior to the public meeting and one after the meetil The fact sheet will be two-page, two-color and will be writt designed, printed, and distributed with oversight/ approval by City of Carlsbad. One round of draft editorial review is assun prior to submission for approval, with one final editing prior printing. It is assumed that approximately 500 copies of the f sheet will be produced on 70 pound recycled paper and mailed stakeholders by the City. Stakeholders will be identified an( mailing list developed for distribution. Informal Presentations. We will design and conduct one sh presentation for a stakeholder group selected by the City (Hon owner Group, Public Agency, or Community Organization). 1 will assist in writing the presentation and producing any ma presentation can be derived from the public meeting presentatit We will attend a dry run with the project team to help polish presentation. Members from our project team will participate + graphics, slides or other materials that are appropriate. 'I -43 W:~9853003WROP-C-P.DnlSApr-9mSffi 5. 0 e SECTIONFIVE Reuised ScoDe of Wa ~~~~ ~~ the presentation to describe and answer questions about the w( being conducted. 5,22 Land Use and Economic Analysis As this phase of the study is an iterative one, we have budgeted two meetings with City staff at selected points during this w( task. Land Use Analysis: After evaluating the surplus land in e: separate planning area, we will derive up to three alternatives (I planning area). Land Use Alternatives: After evaluating the surplus land in e2 separate planning area, we will derive a minimum of three logi alternatives per planning area, at this initial stage. These alt natives would be addressed schematically in terms of their impa and economic feasibility for further assessment. The land use alternatives will be reviewed for conformance w traffk design criteria such as intersection spacing, signalizatj requirements and traffic impacts on Carlsbad Boulevard and connecting street(s). Potential for connections to bike E pedestrian facilities will be considered, particularly beach accl connections and continuity with the proposed coastal Rail TI project. Traffic volumes for individual land use alternatives v be based upon existing traffic count data and projected tral growth attributable to the revised land use. Traffic data fr surrounding development project including the Poinsettia S-ho Master Plan, Poinsettia Properties Specific Plan, the Hotel Proj and the Leg0 project near Palomar Airport Road will be utili: extensively. Refinement with Economic Feasibility: The land use special] will work with the economists and the team to refine the land 1 alternatives based upon the economic feasibility of the area. A maximum, three alternatives will be put forward that emphasiz native; a maximizing commercial revenue alternative; and undetermined alternative (possibly a balance between maxim revenue/maximum open space.) Evaluation Matrix and Assessment: We will prepare an eval tion matrix to analyze and communicate the alternati evaluation. Evaluation criteria will be reviewed and ranked u staff input. It is suggested that evaluation criteria also include particular land use direction: an open spacelrecreational all -0 WW53003KWROPC-P.05\13-Aq(-9B\LSOG 5 7 0 0 SECTIONFIVE Revised Scwe of Wo’ ~~ ~~ impact upon surrounding areas, including benefit from “spin-ol development. Public Evaluation: Land use concepts will be presented at t public meeting discussed in Task 5.2.1. Refrned Alternative: Following public and staff evaluations, 1 will refine the preferred alternative in order to define a Dr; Project for the financing opportunities. Market Analysis: We will prepare a market overview as part the existing planning context, and will describe the market conte in which new development will take place. This review w include a description of projected demographic and tourism grow in various defined market areas, attendance and pricing trends the State and local beaches and campgrounds, general real esta trends and value factors, general base economic characteristics the region that could affect development in the project area, a relevant planned and proposed projects in the market areas. Building on the general market analysis we wiIl prepare a focus( market analysis of three alternative land use plans for the surpll site. Our economists will participate in the team meetings establish the scenarios to analyze, including an open spacelrecr ational land use alternative, a commercial revenue generating la use alternative, and a mixed land use alternative. The market analysis will focus on projecting absorption for eac use under consideration at recommended competitive price-point This will involve the following steps: 0 definition of the specific market area for each land use 0 estimation of the market size and potential buying pow1 within each market area, per land use ’ - projection of regional market support for each land us annually and seasonally 0 evaluation of existing and planned competition for each 1a1 use 0 evaluation of the site’s potential penetration rate or capture ral of potential regional market support (as measured by capture sales, units sold, room-nights, or attendance depending on tk use) -0 W:~~K\PROP-C-P.~~~~-~~~~~~ 5- 1 0 0 0 SECTIONF’IVE Revised Scooe of Wa ~ 0 estimation of the supportable size, price-point, and mark orientation of each-land use recommended configuration and planning parameters for ea land use from an economic perspective Financial Feasibility: After evaluating the market potential f each use and refining the alternatives based on market considel tions with the project team, we will prepare financial feasibil assessments for each development scenario. Specifically, we w prepare residual land value models using the net present val analysis technique for each scenario from the developer/operato~ perspective. This involves projecting revenue over time, le over time. Based on development costs and phasing assumptio that the design team will provide, we will estimate the resid1 value of the land at a given annual rate of return (discount ral consistent with the uses analyzed. Based on this estimate of la value, we will determine how much a developedoperator would willing to pay for the land (through sale or lease) for t opportunity to develop the property and operate the given land us The model will be prepared for each scenario, with sub-tables f each land use component within each scenario in order determine which elements are potentially attractive to privl developer/operators and which components are more suitable public facilities. operating and maintenance costs, to estimate net operating incor . Based on an evaluation of each scenario and their components, \ will recommend a disposition strategy to the City of Carlsbad 1 the preferred scenario. We will then prepare a net revenue ca flow to the City of Carlsbad. Based on this projected revenue ca flow (including sensitivity analysis to test the conclusia sensitivity to key assumptions), we will determine the amount capital improvement costs the City can finance given this ca flow, either through sales proceeds, lease revenue bonc certificates-of-participation, or other mechanisms. The capital investment that revenue from land disposition procee can finance will be compared to the projected development costs implement the plan. Based on this comparison, the plans may modified to improve economic performance. We assume that o set of iterations will be prepared at this point. “==w.e wu~3oo3K\p~-c-P.o5\1sAp(-98\\sDG 5- " 0 0 SECTIONFIVE Revised Scope of Wo ____ 5.2.3 Alternative Project Financing Opportunities We will contact regional, state, and federal agencies to identi potential additional sources of financing, including criteria 1 receiving funds, application schedules, and the relative quditati likelihood of receiving funds. After conducting this research, \ will present alternative financing scenarios for the project f deration7 5.2.4 Draft Phase I1 Study Report A Draft Phase 11 Report will be prepared that presents the findin: of the technical studies conducted in Phase II of the project. 1 described in the City's Request for Proposal, the report will incluc the following sections: (a) executive summary; (b) proje description, history, and environmental setting; (c) project goa and objectives; (d) a summary of the applicable adopted policil. and plans; (e) a summary of the findings of Phase I and the implications for the land use analysis; (f) land use alternatives an economic feasibility analysis; (g) project financing; and 0 summary tables, maps, exhibits, and figures. As suggested in th Phase I Report, a summary chapter on environmental permittin and construction cost will be included in the Draft Phase II Repor Fifteen copies .of the Draft Study Report will be submitted to tk City for review and comment. We have budgeted one meetin with City staff during this work task. Using the base mapping generated in Tsk 5.1.3 and the GI constraints map developed in Task 5.1.10, a land use map will b prepared showing existing zoning, General Plan and Local Coasta Program land use designations, and existing land uses for th surplus public right-of-way and land adjacent to the right-of-wal This map will appear as a separate layer on the GIs map for th project. Another map that divides the project area into logical lanc use planning areadunits will also be developed. This map wil appear as a separate layer on the GIS map for the project. Upo: City approval of the GIS maps, hard copy and an electronic copy o the data files will be transmitted to the City. Our GIS system i compatible with the City's so these data files should be useful tl the City for future projects in the project study area. 5.2.5 Staff Presentation Our Project Manager and selected discipline leaders will meet wid City staff to present the findings of our Phase II studies. If deemec appropriate by the City, we will bring our GIS data file to thc w0"MW.O W\sBSJw3WROPCP.Onl~~-~~ffi 5- 1 ! -* -, e e SECTIONFIVE Revised Scope of Wol .- meeting and present the information on land use in real time on portable computer, or using the City’s computer facilities. Th will allow City staff to view the project and make modifications 1 the data files instantaneously. 5.2.6 Revised Draft Project Study Report A Final Phase 11 Report will be prepared based on comments ar recommendations provided by City staff. A response matr indicating the response to the comment and where the response c: be found in the document will be developed to ensure that eac comment is addressed to the City’s satisfaction in the final repor We have budgeted for one meeting during this work task to clarif City comments as necessary. Twenty copies of the Final Phase Report will be prepared and submitted to the City. 5.2.7 City Council Meeting Our Project Manager and selected discipline leaders will presell the findings of our Phase II studies to the City Council. We wil utilize GIS maps, visual simulations, and other exhibits to illustrat the results of the Phase II studies. We will provide color copies c any overhead or slide presentation materials to each member of th City Council 5.2.8 Final Project Study Report After receiving comments from City staff on the City Counci meeting, we will prepare an addendum to the final report. Up01 City approval of the addendum, we will submit twenty-five copie! of the final report and addendum, one camera ready master, anc electronic copies of project deliverables. -0 W:\9B53003K\PROP-C-P.Oti\t3.Apr-98\\Sffi 5-1 6