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HomeMy WebLinkAbout2009-01-27; City Council; 19698; Amendment to Agreement- Cotton Bridges AssociCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 19,698 01/27/09 PLN AMENDMENT NO. 4 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON LA COSTA TOWN SQUARE -EIR 01-02 DEPT. HEAD CITY ATTY. CITYMGR. // RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2009-015 approving Amendment No. 4 to the agreement with Cotton Bridges Associates, for the preparation of an Environmental Impact Report (EIR 01-02 - La Costa Town Square). ITEM EXPLANATION: The increase in the cost of the preparation of the EIR requires an amendment to the contract agreement. The third amended agreement with Cotton Bridges was for $254,004.00 to be spent on consultant services. This amount will be increased by $51,000.00 for a maximum fee of $305,004.00. The increase in contract cost is due to a number of factors, including: 1) Revised and updated studies and review of new studies required for the project analysis which include, traffic, water supply, climate change, biological resources and air quality; 2) The EIR consultant has responded to numerous screencheck comments from the applicant and their representatives which was previously not included within the scope of services; 3) An additional Urban Decay Study and Analysis report was included as a new study; and 4) Additional costs are associated with review and incorporation of project design changes and document production costs. FISCAL IMPACT: The cost of the preparation of the EIR is borne by the developer and there are no costs to the City. ENVIRONMENTAL IMPACT: The amendment to the Cotton Bridges Associates consultant agreement does not constitute a project and is not subject to the California Environment Quality Act (CEQA). EXHIBITS: 1. 2. 3. Council Resolution No. 2009-015 Signed Amendment No. 4 with Cotton Bridges Associates. Signed Fourth Amended Agreement with La Costa Town Square, LLC DEPARTMENT CONTACT: Van Lynch, (760) 602-4613, vlync@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED 4nnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Dn Dn EXHIBIT 1 1 RESOLUTION NO. 2009-015 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT 3 NUMBER 4 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR 4 THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON THE LA COSTA TOWN SQUARE - EIR 01-02 5 CASE NAME: LA COSTA TOWN SQUARE CASE NO.: EIR 01-02 6 The City Council of the City of Carlsbad, California, does hereby resolve as 7 follows: 8 WHEREAS, the City of Carlsbad has retained Cotton Bridges Associates for the 9 preparation of an Environmental Impact Report for the La Costa Town Square EIR 01-02; and 10 WHEREAS, the parties desire to amend the Agreement's scope of work to 11 increase the fees to $51,000.00 for a total Agreement amount of $305,004.00; and 12 WHEREAS, an amendment to the consultant agreement with Cotton Bridges Associates has been prepared and submitted hereto; and WHEREAS, funding for the subject amendment is provided by the developer of the La Costa Town Square project, La Costa Town Square, LLC. 16 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. That the recitations above are true and correct. 19 2. That the City Council hereby authorizes the Mayor to approve the attached amendment to the agreement with Cotton Bridges Associates for consultant services. 20 3. That the funds are provided by the La Costa Town Square LLC. 21 22 23 24 25 26 27 28 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 on the 27th day of January, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. AUDE^C LEWlS^Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) AMENDMENT NO. 4 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON LA COSTA TOWN SQUARE - EIR 01-02 THIS AGREEMENT, made and entered into as of the day of [Wvu\j\£vA_, 20(A by and between the CITY OF CARLSBAD, a municipal"I^IW in n nr-« i. | corporation; hereinafter referred to as "City," and Cotton Bridges Associates, a Division of P & D Consultants, Inc. hereinafter referred to as "Consultant", shall serve to amend the previous contract dated March 6, 2003, attached hereto. All provisions of the original contract, as amended, shall remain in effect, except the Work Program referenced in Section 1 (a) shall be amended to include the additional work outlined in the Consultant's revised proposal, dated October 24, 2008, attached hereto, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $51 ,000.00 for the additional work, making the maximum fees payable a total of $305,004.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: Cotton Bridges Associates ^ nri ^ . . ,CITY OF CARLSBAD, a municipal corporarfi3lru«>f the State Namefof Contractor Attest: Mayor (print name/title By. LORRAINE M. WOOD, City Clerk .\\UHl;/, (sign here^ ^A ^Vic (print name/title) APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: /Assistant City Attorney City Attorney Approved Version 03/17/04 CALIFORNIA JURAT WITH AFFIANT STATEMENT ^ See Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of QrQ> TWAM Commteton *Notary PuMc-CoHomla Orang» Courtly Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this *" day of fijoden^bzr 20 pS" . by Date Month Year m Nafne of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before r (and (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) -. YK. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: "^ CTJ . " . nol y, RIGHT THUMBPRINT OF SIGNER #1 Top of thumb here Document Date: j d <?/<«& 3/i/OS Number of Pages: _ Signer(s) Other Than Named Above: RIGHT THUMBPRINT OF SIGNER #2 Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5910 Reorder: CallToll-Free 1 -800-876-6827 AECOM P&D Consultants 999 Town & Country Road, 4th Floor, Orange, California 92868 T 714.835.4447 F 714.285.0740 www.tcb.aecom.com October 24, 2008 Mr. Van W. Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 ORIGINAL RE: Scope of Services Amendment - La Costa Town Center EIR Dear Mr. Lynch: As you discussed with Yara Fisher, EDAW, through the existing P&D contract with the City, requests an amendment to the contracted budget to complete the La Costa Town Square EIR. The preparation of the screencheck EIR raised several complex issues that require additional effort beyond that anticipated in our original contract. The main issues requiring extensive effort to complete the first and second screencheck EIRs include: traffic, water supply, climate change, urban decay, air quality, and biological resources. These are discussed in more detail below. Additionally, our original scope and budget did not assume review and comment of the document by the applicant and their representatives, including Glenn Lukos, RECON, Sheppard Mullin, RBF, and Urban Systems. Although we believe this review facilitated the preparation of a stronger CEQA document, it causes significant additional effort in order to ensure we responded adequately to all parties. Approximately 132 separate comments were received and responded to by EDAW in written form in both the revised EIR and formal response matrices. Finally, the applicant is proposing a change to the project description that will require the update of all text and graphics within the EIR to ensure consistency with the latest project. This will cause additional time for environmental planners, graphics, word processing and tech editing. SCREENCHECK DRAFT EIR The following outlines the main issues within the Screencheck EIR task requiring extra effort beyond our scope of work and budget. Traffic At the time of the First Screencheck EIR, the traffic report by Urban Systems still had many outstanding issues, which EDAW outlined to the City and Urban Systems in a 15 page memo and matrix dated April 3, 2008. EDAW coordinated with the City, Urban Systems, and RBF to resolve questions regarding the impact analysis, mitigation, and final conclusions for intersections and roadways within the traffic study area. The resolution of the traffic issues outlined in the memo and revision of the traffic section of the EIR cost more than 150 hours of staff time. Water Supply EDAW helped coordinate the required water supply analysis for the EIR. This involved: generating memos describing the necessary components of the water supply analysis; reviewing and commenting on Olivenhain Water District responses to requests for a water supply analysis and the applicant's estimated demand analysis; participating in a phone call with the City, applicant, and Olivenhain Water District; preparing a memo for the Mr. Van W. Lynch Page 2 City of Carlsbad October 24, 2008 Olivenhain Water District summarizing the assumptions used for the analysis; and incorporating that information into the EIR. Climate Change The applicant's representatives had numerous and extensive comments on the global climate change analysis, which required written responses within the EIR and in a separate 5-page matrix responding to all 26 comments received. Biological Resources Numerous questions remained in the Second Screencheck regarding vernal pool/wetland identification, classification and mitigation that required a review of additional wetland reports and coordination with the applicant's biological resources consultants. EDAW also worked with the City and biological consultants to clarify covered status of species and appropriate mitigation surrounding several sensitive plant species and animals. The fairy shrimp survey analysis also required detailed review in order to substantiate the conclusions. Urban Decay Study and Analysis Our scope of work did not assume an urban decay study or analysis would be incorporated into the EIR. However, EDAW received and reviewed the study provided by the applicant and incorporated the relevant portions into the EIR. Air Quality The revised project and construction time-frame require a re-run of the air quality analysis and incorporation of that revised analysis into the EIR. Cost Estimate: $37,500 VISUAL ANALYSIS Our original scope of work called for EDAW to prepare three visual simulations for inclusion in the EIR. The illustrations provided by the applicant were not the formal elevations needed in order to draft realistic visual simulations normally presented in an EIR analysis. However, using the illustrations received by the applicant EDAW drafted graphics for use in the EIR that generally illustrated the overall design and massing components of the project. Upon review of the graphics by the City and applicant, it was determined that more standard and detailed visual simulations should be provided using formal building elevations. EDAW inquired in the winter of 2007 about a contract augment to re-do the simulations and that was declined by the applicant in lieu of a third party (Watersheds studios). In October of 2007, the visual simulations were presented to EDAW. EDAW provided numerous reviews of the visual simulations and suggested revisions to the "before" and "after" scenarios and the overall approach being used. These reviews and revisions by the applicant's team resulted in several different versions supplied to EDAW, which EDAW incorporated into revised versions of the Visual Aesthetics/Grading section. The amount of staff time spent on the original graphics submittal, reviewing and commenting on the applicant team's submittals, and revising the Aesthetics/Grading section multiple times to reflect the latest simulations have left limited funds to cover the cost of the final review of the simulations. REVISED PROJECT/SITE PLAN The revised project application and site plan will require revisions to the text and graphics of the EIR, requiring additional time to be spent by EDAWs environmental planners, project manager, graphics, word processing, and tech editing teams. Cost Estimate: $9,000 DIRECT COSTS Based on the previous prints provided, one copy of a draft EIR will be: AECOM Mr. Van W. Lynch Page 3 City of Carlsbad October 24, 2008 Main Body - 410 pages: $60 Appendices - 1750 pages: $225 The scope of work calls for: 25 copies in 3-ring binders 20 bound copies 1 unbound copy 5 CD ROM That equates to $285 * 46 = $13,110 in reproduction costs for the Draft EIR alone. With reproduction of the Final EIR (including appendices) as currently scoped, the direct costs remaining will exceed $25,000. Currently, approximately $2,100 remains unbilled in direct costs, leaving an anticipated budget gap of about $23,000 plus additional costs associated with phone, postage, and travel. This amount can be reduced if the City requests more CDs instead of hard copies, limits the number of appendices required, or prints from a reproducible version provided by EDAW. However, if the City wishes to implement the existing scope for reproducibles, we would request an additional $25,000 for direct costs. COST ESTIMATE We request an additional $44,000 in labor in order to complete the Public Review Draft and Final EIR. This assumes one pre-print draft is prepared for review by the City only prior to the Public Review Draft, a moderate number of comments are received on the Draft EIR, and that responses regarding the technical adequacy of the traffic, biological resources, urban decay, and noise analyses are drafted by the respective consultants with review and incorporation of those responses by EDAW. As described above, additional funds may also be needed for the reproduction of the Draft and Final EIRs. For the purposes of this amendment request, EDAW assumed 100 hard copies of Volume 1 of the EIR would be required, 20 hard copies of the appendices, and 50 CDs. 100* $60 =$6,000 20 * $225 = $4,500 50* $2 = $100 = $6,600 With $2,100 remaining in our current budget for direct costs, the estimated additional direct costs total $4,500. The total amount requested is $51,000. We look forward to a favorable consideration of this request and seek your immediate authorization to continue our work. Authorization for the amended scope of services may be provided immediately by signing both copies of this letter and returning one copy to P&D. Sincerely, Authorization Warren Sprague Vice President City of Carlsbad AECOM FOURTH AMENDED AGREEMENT BETWEEN CITY AND LA COSTA TOWN SQUARE, LLC FOR PAYMENT OF EIR CONSULTANT ElR 01-02 THIS AGREEMENT, made and entered into as of the.ay of . 200°j, by and between the CITY OF CARLSBAD, a municipalcr~corporation, hereinafter referred to as "City," and La Costa Town Square, LLC hereinafter referred to as "APPLICANT", shall serve to amend the original contract dated, March 6, 2003 attached hereto. All provisions of the original contract, as amended, shall remain in effect, except the Work Program referenced in Section 2 shall be amended to include the additional work outlined in the Consultant's revised proposal, dated October 24, 2008, attached hereto, and the fee payable by Applicant as referenced in Sections 4 of the contract shall be increased by $51,000.00 for the additional work, making the maximum fees payable a total of $305,004.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. APPLICANT: La Costa Town Square, LLC CITY OFJKARLSBAD, a municipal corporation/>£)the State of California., By: (print name/title Byj LORRAINE M. WOOD, City Clerk (sign here) (print name/title) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Bv: ssistant City Attorney '/,: * -v'"HllO^ City Attorney Approved Version 03/17/04 AECOM P&D Consultants 999 Town & Countr T 714.835.4447 F 714.285.0740 www.tcb.aecom.com 999 Town & Country Road, 4th Floor, Orange, California 92868 October 24, 2008 Mr. Van W. Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Scope of Services Amendment - La Costa Town Center EIR Dear Mr. Lynch: COPY As you discussed with Yara Fisher, EDAW, through the existing P&D contract with the City, requests an amendment to the contracted budget to complete the La Costa Town Square EIR. The preparation of the screencheck EIR raised several complex issues that require additional effort beyond that anticipated in our original contract. The main issues requiring extensive effort to complete the first and second screencheck EIRs include: traffic, water supply, climate change, urban decay, air quality, and biological resources. These are discussed in more detail below. Additionally, our original scope and budget did not assume review and comment of the document by the applicant and their representatives, including Glenn Lukos, RECON, Sheppard Mullin, RBF, and Urban Systems. Although we believe this review facilitated the preparation of a stronger CEQA document, it causes significant additional effort in order to ensure we responded adequately to all parties. Approximately 132 separate comments were received and responded to by EDAW in written form in both the revised EIR and formal response matrices. Finally, the applicant is proposing a change to the project description that will require the update of all text and graphics within the EIR to ensure consistency with the latest project. This will cause additional time for environmental planners, graphics, word processing and tech editing. SCREENCHECK DRAFT EIR The following outlines the main issues within the Screencheck EIR task requiring extra effort beyond our scope of work and budget. Traffic At the time of the First Screencheck EIR, the traffic report by Urban Systems still had many outstanding issues, which EDAW outlined to the City and Urban Systems in a 15 page memo and matrix dated April 3, 2008. EDAW coordinated with the City, Urban Systems, and RBF to resolve questions regarding the impact analysis, mitigation, and final conclusions for intersections and roadways within the traffic study area. The resolution of the traffic issues outlined in the memo and revision of the traffic section of the EIR cost more than 150 hours of staff time. Water Supply EDAW helped coordinate the required water supply analysis for the EIR. This involved: generating memos describing the necessary components of the water supply analysis; reviewing and commenting on Olivenhain Water District responses to requests for a water supply analysis and the applicant's estimated demand analysis; participating in a phone call with the City, applicant, and Olivenhain Water District; preparing a memo for the Mr. Van W. Lynch Page 2 City of Carlsbad October 24, 2008 Olivenhain Water District summarizing the assumptions used for the analysis; and incorporating that information into the EIR. Climate Change The applicant's representatives had numerous and extensive comments on the global climate change analysis, which required written responses within the EIR and in a separate 5-page matrix responding to all 26 comments received. Biological Resources Numerous questions remained in the Second Screencheck regarding vernal pool/wetland identification, classification and mitigation that required a review of additional wetland reports and coordination with the applicant's biological resources consultants. EDAW also worked with the City and biological consultants to clarify covered status of species and appropriate mitigation surrounding several sensitive plant species and animals. The fairy shrimp survey analysis also required detailed review in order to substantiate the conclusions. Urban Decay Study and Analysis Our scope of work did not assume an urban decay study or analysis would be incorporated into the EIR. However, EDAW received and reviewed the study provided by the applicant and incorporated the relevant portions into the EIR. Air Quality The revised project and construction time-frame require a re-run of the air quality analysis and incorporation of that revised analysis into the EIR. Cost Estimate: $37,500 VISUAL ANALYSIS Our original scope of work called for EDAW to prepare three visual simulations for inclusion in the EIR. The illustrations provided by the applicant were not the formal elevations needed in order to draft realistic visual simulations normally presented in an EIR analysis. However, using the illustrations received by the applicant EDAW drafted graphics for use in the EIR that generally illustrated the overall design and massing components of the project. Upon review of the graphics by the City and applicant, it was determined that more standard and detailed visual simulations should be provided using formal building elevations. EDAW inquired in the winter of 2007 about a contract augment to re-do the simulations and that was declined by the applicant in lieu of a third party (Watersheds studios). In October of 2007, the visual simulations were presented to EDAW. EDAW provided numerous reviews of the visual simulations and suggested revisions to the "before" and "after" scenarios and the overall approach being used. These reviews and revisions by the applicant's team resulted in several different versions supplied to EDAW, which EDAW incorporated into revised versions of the Visual Aesthetics/Grading section. The amount of staff time spent on the original graphics submittal, reviewing and commenting on the applicant team's submittals, and revising the Aesthetics/Grading section multiple times to reflect the latest simulations have left limited funds to cover the cost of the final review of the simulations. REVISED PROJECT/SITE PLAN The revised project application and site plan will require revisions to the text and graphics of the EIR, requiring additional time to be spent by EDAWs environmental planners, project manager, graphics, word processing, and tech editing teams. Cost Estimate: $9,000 DIRECT COSTS Based on the previous prints provided, one copy of a draft EIR will be: AECOM Mr. Van W. Lynch Page 3 City of Carlsbad October 24, 2008 Main Body - 410 pages: $60 Appendices - 1750 pages: $225 The scope of work calls for: 25 copies in 3-ring binders 20 bound copies 1 unbound copy 5 CD ROM That equates to $285 * 46 = $13,1 10 in reproduction costs for the Draft EIR alone. With reproduction of the Final EIR (including appendices) as currently scoped, the direct costs remaining will exceed $25,000. Currently, approximately $2,1 00 remains unbilled in direct costs, leaving an anticipated budget gap of about $23,000 plus additional costs associated with phone, postage, and travel. This amount can be reduced if the City requests more CDs instead of hard copies, limits the number of appendices required, or prints from a reproducible version provided by EDAW. However, if the City wishes to implement the existing scope for reproducibles, we would request an additional $25,000 for direct costs. COST ESTIMATE We request an additional $44,000 in labor in order to complete the Public Review Draft and Final EIR. This assumes one pre-print draft is prepared for review by the City only prior to the Public Review Draft, a moderate number of comments are received on the Draft EIR, and that responses regarding the technical adequacy of the traffic, biological resources, urban decay, and noise analyses are drafted by the respective consultants with review and incorporation of those responses by EDAW. As described above, additional funds may also be needed for the reproduction of the Draft and Final EIRs. For the purposes of this amendment request, EDAW assumed 100 hard copies of Volume 1 of the EIR would be required, 20 hard copies of the appendices, and 50 CDs. 100* $60 =$6,000 20 * $225 = $4,500 50* $2 = $100 = $6,600 With $2,100 remaining in our current budget for direct costs, the estimated additional direct costs total $4,500. The total amount requested is $51,000. We look forward to a favorable consideration of this request and seek your immediate authorization to continue our work. Authorization for the amended scope of services may be provided immediately by signing both copies of this letter and returning one copy to P&D. Sincerely, Authorization Warren Sprague Vice President City of Carlsbad AECOM ACTION BY SOLE REMAINING INITIAL MEMBER OF LA COSTA TOWN SQUARE, LLC This Action by Sole Remaining Initial Member of La Costa Town Square, LLC (this "Action") is dated effective as of September 10, 2008. RECITALS A. Whereby, Ashok Israni is the sole remaining Initial Member of the Company, and in such capacity is entitled to take this Action without consent of any other Members of the Company; and B. The previous manager, Roger K. Swift, has resigned, and Ashok Israni hereby desires to appoint a Manager of the Company. AGREEMENT Wherefore, Ashok Israni hereby takes the following action: 1. The resignation of the existing Manager, Roger K. Swift, is hereby accepted. 2. Dietmar E. Schott is appointed as Manager of the Company. In witness of their acceptance of the above terms and conditions, the necessary parties have duly signed and dated this Action as follows: dated: September 10, 2008 Ashok Israni Acknowledgment: JC. Swift hereby acknowledges his resignation as Manager of the Company. dated: September 10, 2008 Roger 1C Swift Acceptance: Dietmar E/Schott hereby accepts the position of Manager of the Company. dated: September 10, 2008 Dietmar E. Schott J3 -IOfo'7