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HomeMy WebLinkAboutBaranek Consulting Group Inc; 2023-01-03; 1 CA 4/30/2015 AGREEMENT WITH CONSULTANT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR 22-06 THREE ON GARFIELD) THIS AGREEMENT, made this day of , 2023, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and BARANEK CONSULTING GROUP, INC. hereinafter referred to as "CONTRACTOR". RECITALS WHEREAS, the CITY has entered into an agreement with Beery Group, Inc. hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as EIR 22-06 Three on Garfield (3-unit condominium project) which is located and more precisely shown on the plat map Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor of the CITY. NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1.CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare an Environmental Impact Report on the subject project in accord with the California Environmental Quality Act as implemented by the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its implementing resolutions. In carrying out this obligation the CONTRACTOR's duties shall include the following: (a)The CONTRACTOR shall, consistent with the Work Program contained in Attachment 2, (1) make all necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory tests and analyses; (3) appear and be prepared to answer questions and prepare testimony on the final Environmental Impact Report at all public hearings DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 January3rd 2 CA 4/30/2015 before the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the requirements of this section. Before preparing the draft report, the CONTRACTOR shall submit five copies of a preliminary report (screen check EIR) to the City Planner for staff review. The CONTRACTOR shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. (b) CONTRACTOR shall prepare a draft report in compliance with the Work Program contained in Attachment 2 on file at the Planning Division (unless otherwise stated in this agreement), attached hereto and made a part hereof and with applicable state law and CITY ordinances. (c) CONTRACTOR shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the approval of the proposed project by the City of Carlsbad. If it appears that such factors are present, CONTRACTOR shall so inform the City Planner who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. (d) CONTRACTOR shall prepare and file with the CITY written responses to all relevant environmental comments pertaining and received subsequent to public notice that the draft Environmental Impact Report has been filed as outlined in Attachment 2. CONTRACTOR shall also prepare any response necessary to environmental review matters raised at the public hearings. Comments that (1) do not address the adequacy or completeness of the DEIR; (2) do not raise environmental issues; or (3) do request the incorporation of additional information not relevant to environmental issues, do not require a response, pursuant to Section 15088(a) of the CEQA Guidelines. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Environmental Impact Report. (e) CONTRACTOR’s responsibility under this agreement is owed to the CITY, rather than the APPLICANT, who is not an intended beneficiary of this agreement. DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 3 CA 4/30/2015 2. CITY OBLIGATIONS (a) The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY will make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposed project. (c) The CITY will review the Preliminary Report presented by the CONTRACTOR within fourteen working days of their receipt and make written comments to the CONTRACTOR within that time period. (d) The CITY shall provide the CONTRACTOR with copies of all written comments received on the draft Environmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather conditions may delay the completion of field work. The CONTRACTOR will be allowed as many additional days as are necessary to compensate for days lost due to inclement weather. The CONTRACTOR shall submit to the CITY five copies of the Preliminary Environmental Impact Report within twelve weeks of the signing of this agreement by both concerned parties. The CONTRACTOR shall submit to the CITY fifty copies of the draft Environmental Impact Report within ten working days of the completed staff review of the Preliminary Environmental Impact Report. Notwithstanding the foregoing, in no event will CONTRACTOR be responsible for damages due to delays beyond CONTRACTOR's reasonable control. 4. PAYMENT The CONTRACTOR will be paid a maximum of $199,975.00 for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on monthly progress billings based on the costs as set forth in Attachment 3 on file at the Planning Division. The DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 4 CA 4/30/2015 CONTRACTOR shall be paid within 30 days, in response to invoice, based on accrued hours contained in monthly progress billings completed according to Attachment 3 on file in the Planning Division of the compensable services for the in accordance with Paragraph 1 above. The final 10 percent will be paid, not to exceed the maximum amount provided in its agreement, within 30 days after receipt of invoice, to be submitted after the certification of the final Environmental Impact Report by the City Council. 5. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum of $199,975.00 which amount is estimated to be sufficient to compensate the CONTRACTOR for all services performed hereunder during the terms of this agreement as outlined in Attachment 3. In the event at any time it appears to the CONTRACTOR that said sum may not be sufficient, she/he shall immediately so notify the City Planner. She/He will not perform any work or incur any obligation beyond said sum of $199,975.00without appropriate amendment to this agreement. 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.090. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the City Planner who will inform a principal of the CONTRACTOR's firm of the DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 5 CA 4/30/2015 necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT The CITY may terminate this agreement at any time by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the services completed to the date of notice of determination. DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 6 CA 4/30/2015 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the CONTRACTOR or the CITY PLANNER. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The CITY PLANNER or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. CLAIMS AND LAWSUITS The CONTRACTOR agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The CONTRACTOR acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR acknowledges that California Government Code Sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrative debarment proceeding DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 7 CA 4/30/2015 wherein the CONTRACTOR may be prevented to act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the CONTRACTOR from the selection process. (Initial) The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (Initial) 12. STATUS OF THE CONTRACTOR The CONTRACTOR shall perform the services provided for herein in CONTRACTOR's own way as an independent contractor and in pursuit of CONTRACTOR's independent calling, and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as to the result to be accomplished but shall consult with the CITY as provided for in the request for proposal. The persons used by the CONTRACTOR to provide services under this agreement shall not be considered employees of the CITY for any purposes whatsoever. The CONTRACTOR is an independent contractor of the CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensation to which the CONTRACTOR is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONTRACTOR or his/her employees or subcontractors. The CITY shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the CONTRACTOR or his/her employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 8 CA 4/30/2015 CONTRACTORS that are included in this agreement. 13. OWNERSHIP OF DOCUMENTS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. 14. REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 15. RELEASE OF INFORMATION BY CONTRACTOR Any reports, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organization by the CONTRACTOR without prior written approval of the CITY. 16. HOLD HARMLESS INDEMNIFICATION CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein caused by any negligence or willful misconduct of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration on early termination of this Agreement. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 9 CA 4/30/2015 CONTRACTOR’s indemnification of City shall not be limited by any prior or subsequent declaration by the CONTRACTOR and/or disposition of any claim; and cooperate with CONTRACTOR in all reasonable respects with regard to the defense of such claim. 17. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 18. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any employee or contractual relationship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor of the subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 19. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part hereof. DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 10 CA 4/30/2015 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 21. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph 10, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The duty to defend such claims shall not apply to professional liability claims. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 11 CA 4/30/2015 24.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 24.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 24.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 24.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 24.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 24.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 24.2.1 The City will be named as an additional insured on Commercial General DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 12 CA 4/30/2015 Liability which shall provide primary coverage to the City. 24.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 24.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 24.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 24.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 24.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the CONTRACTOR in connection with the foregoing are as follows: For City: Title: City Planner Name: Eric Lardy Address: 1635 Faraday Avenue Carlsbad, CA 92008 For Contractor: Title: Baranek Consulting Group, Inc. Name: Kim Baranek Address: 9984 Scripps Ranch Boulevard, #138 San Diego, CA 92131 DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 13 CA 4/30/2015 26. BUSINESS LICENSE CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharges except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. /// /// /// /// /// DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 14 CA 4/30/2015 Executed by CONTRACTOR this 12 day of December 2022. CONTRACTOR: Baranek Consulting Group, Inc. (Name of Contractor) CITY OF CARLSBAD, a municipal corporation of the State of California By: Eric Lardy, City Planner ATTEST: Kim Baranek, CEO (print name/title) _Robert Baranek/Vice President (print name/title) Tamara R. McMinn for Faviola Medina, City Clerk Manager (Proper notarial acknowledgment of execution by CONTRACTOR must be attached). (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: CINDIE MCMAHON, City Attorney By: Assistant City Attorney By: (sign here) By: (sign here) DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 ATTACHMENT 1 J SITE MAP THREE ON GARFIELD PUD 2021-0003 / SDP 2021-0008 / CDP 2021-0010 / NCP 2021-0001 (DEV2020-0205) SITE PACIFIC OCEAN DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 Three on Garfield EIR RFQ 23-01 ATTACHMENT 2 Scope of Work and Schedule Project Location and Description The subject 0.16-acre infill site is located at 2685, 2687, and 2689 Garfield Street within the Mello II Segment of the Local Coastal Program and Beach Area Overlay Zone (BAOZ). The property is generally flat and is currently developed with an attached three-unit residential air-space condominium. The development of the proposed condominiums requires the processing and approval of a Planned Development Permit, Site Development Plan, Coastal Development Permit and Nonconforming Construction Permit. The project proposes the construction of three attached, three-story residential air-space condominiums. Vehicular access is proposed to be provided via Beech Avenue. Each home includes an attached two-car garage with direct entrance into the unit. Two units contain two bedrooms and one unit contains three bedrooms. The units range in size from 1,701 square feet to 1,713 square feet. All units include private balconies on the third floor. The entry doors to all three units faces Garfield Street. The underlying lot is currently held in common interest divided between the three air-space condominiums. The common area includes, but is not limited to, the private drive aisle and landscaped areas. Topographically, the site is mildly sloped with elevations ranging between approximately 46 feet and 53 feet above mean sea level (MSL). The site is currently developed with a three-unit residential air-space condominium and does not contain any sensitive vegetation. Grading for the proposed project requires a grading permit and includes 233 cubic yards of cut, 93 cubic yards of fill, 140 cubic yards of export, and 434 cubic yards of remedial grading. Based on the size of the lot (0.16 acres) and the allowed density on the property’s land use designation (R-15, or 8-15 dwelling units per acre), a maximum of two units are allowed on the property. Approval of a Nonconforming Construction Permit (NCP) is required to allow the continuation of the legally established use of three dwelling units on a property. The project meets the City’s standards for planned developments and subdivisions and is in compliance with the General Plan, Subdivision Ordinance, and relevant zoning regulations of the Carlsbad Municipal Code (CMC). 1. Technical Studies/Analyses Given that the project originally qualified for an exemption from CEQA, BCG is proposing an efficient environmental review for the Three on Garfield project by focusing the EIR on topics with the greatest potential for significant impacts, specifically Aesthetics, Cultural (Historical) Resources, and Land Use. These three topics will be presented in the body of the environmental analysis, while the remaining topics identified in the RFQ and contained in the CEQA Appendix G Checklist will be discussed in the “Effects Found Not to be Significant” section of the EIR. This streamlined approach is defensible provided the analyses are based on a strong administrative record containing project-specific studies available from the application submittal and/or from technical analyses proposed as part of the EIR effort, including: • Air Quality Memo (LSA) • Climate Action Plan Consistency Checklist (Applicant) • Cultural Resources Study (LSA) • Historical Analysis Letter (Applicant) • Historical Resources Assessment Report (ASM) • Geotechnical Evaluation (Applicant) • Hydrology/Drainage Calculations and Stormwater Standards Questionnaire (Applicant) • Noise and Vibration Memo (LSA) • Traffic Analysis Memo (LSA) All other environmental topics in the chapter will rely on environmental content in the City’s General Plan, Local Coastal Program, Climate Action Plan, Environmental Protection Procedures, and staff technical DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 Three on Garfield EIR RFQ 23-01 knowledge, among other resources identified in the RFQ. Because of the significance of the historical resources topic to the overall EIR process and content, a summary of ASM’s insightful approach to addressing this topic is provided below: Third-Party Peer Review - ASM will begin the project by reviewing the prior letter report prepared by Scott Moomjian. After review of the letter report, ASM will prepare a peer review memo to provide an independent professional opinion of the adequacy of the report and its findings and the qualifications of the preparer. The brief memo will be prepared by ASM’s architectural historians who exceed the Secretary of the Interior’s Professional Qualification Standards. Historical Resources Assessment Report – To comply with federal, state and local regulations, ASM’s architectural historians will survey the existing building constructed in 1980. During the intensive-level architectural survey, digital photographs will be taken of the exteriors and interiors (if accessible). ASM will document the features of the building and their condition. ASM will confirm the building’s dates of construction and the general history of the property through review of the building permits (if available through the City), historic aerial photographs, and newspaper searches. This research may draw upon information and sources cited in the Moomjian report. ASM will conduct a chain of title to 1980 but given the age of the building will only focus on the original owners of the property in assessing whether they should be considered historically significant. Research will be conducted at local archival repositories only; current closure of archives and government facilities may limit our access to archival records. As the City does not have an official Historic Context Statement, ASM will draw from extant secondary accounts of the history of Carlsbad to prepare a historic overview from which to evaluate the building and utilize overviews of local history we have prepared for similar Carlsbad reports. ASM anticipates that the appropriate themes within which to analyze the building’s potential significance are “Residential Development” and “Post-Modernism.” ASM will then prepare the HRAR which will contain the requisite written documentation in compliance with the CEQA process and City guidelines. The report will include a methodology, historic overview of Carlsbad, architectural description, evaluation of significance, and provide recommendations for any further work required for CEQA compliance. The building will be evaluated for eligibility for the California Register of Historical Resources (CRHR), Carlsbad historic landmark, and as CEQA historical resource. The evaluation will be conducted in conformance with guidance on conducting historic building assessments and evaluations, specifically National Register of Historic Places (NRHP) Bulletin How to Apply the National Register Criteria for Evaluation, the California Office of Historic Preservation’s Instructions for Recording Historical Resources, and Technical Assistance Series #7 How to Nominate a Resource to the California Register of Historical Resources, Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (2017) and other applicable City policies and regulations. In evaluating the building, given that it is only 42 years old, ASM will apply CRHR’s guidance as to whether sufficient time has passed to obtain a scholarly perspective on the events or individuals associated with the resource. If the building is recommended by ASM to be a CEQA historical resource, the report will also assess the potential impacts of the project in accordance with CEQA (the area of potential impacts will be limited to the specific development parcel only), and the next steps in the CEQA process will be identified. The evaluation and assessment will be prepared by ASM’s architectural historians and historians who exceed the Secretary of the Interior’s Professional Qualification Standards. DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 Three on Garfield EIR RFQ 23-01 2. Detailed CEQA Document Work Plan BCG will prepare the Notice of Preparation (NOP) and Draft and Final EIRs in accordance with the California Environmental Quality Act (Public Resources Code 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, section 15000 et seq.), the City’s implementing regulations and the scope of topics outlined in the RFQ, as modified by this proposal. A preliminary Table of Contents is provided in the Supplemental Documentation to this SOQ. If the City wishes to modify the proposed Table of Contents, BCG will discuss the modifications before beginning the CEQA work. Notice of Preparation (NOP). BCG will prepare the NOP by presenting a brief project description, describe the project’s location, list of potential topics to be addressed in the EIR, and the anticipated permits. The purpose of the NOP will be to solicit input on the contents of the EIR. The City will circulate the NOP for a 30- day period. Comments received on the NOP will be taken into consideration during the EIR preparation, which will include the following sections. Executive Summary. The Executive Summary will be designed to provide a convenient overview summarizing the contents of the EIR. It will begin with a brief narrative describing the proposed project features, which will be followed by a tabular summary of the potential significant environmental impacts associated with the proposed project and the mitigation measures available to reduce or avoid those impacts. The Executive Summary will also include a description of project alternatives and comparison of the impacts of each alternative with those of the proposed project in narrative and tabular format. Lastly, the Executive Summary will describe any known areas of controversy, as derived from responses to the NOP. Introduction. This section will introduce the purpose of the project with a brief discussion of the intended use and purpose of the EIR. It will discuss how the decision to prepare an EIR, pursuant to CEQA Guideline, and describe the parameters for such future use of the EIR. This section will also outline the scope and content of the EIR and provide a summary of the report organization. Environmental Setting. This section will describe the precise location of the project with an emphasis on the physical features and environmental conditions of the site and the surrounding area and present the location on a detailed topographic map and a regional map. The EIR will provide a local and regional description of the environmental setting of the project and describe any upcoming changes to the area and any cumulative changes that may relate to the project site. Project Description. Per CEQA Guideline Section 15124, this section of the EIR will discuss the goals and objectives and major features of the project; describe all the discretionary actions involved in the project; list and explain the requirements for permits or approvals from federal, state, and local agencies; and describe the proposed project’s components, landscaping concepts, and utility improvements. Project implementation also will be discussed in this section. Environmental Impact Analysis. This section will analyze the environmental categories having the greatest potential for significant environmental impacts: Aesthetics, Cultural (Historical) Resources and Land Use. The Draft EIR will include a complete discussion of the existing conditions, thresholds, impact analysis, significance, and mitigation for all the environmental issue sections identified for detailed analysis. In general, the EIR will discuss all potential direct and indirect impacts associated with each environmental issue area. In DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 Three on Garfield EIR RFQ 23-01 each environmental issue section, mitigation measures to avoid or substantially lessen impacts will be clearly identified and discussed. The ultimate outcome after mitigation is applied will also be discussed (i.e., significant but mitigated, significant and unmitigated) in the EIR. Effects Found Not to be Significant. The EIR will provide a more cursory discussion of the environmental issue areas that are determined not to be significant due to compliance with regulations and in accordance with the direction in the State CEQA Guidelines. For the project, we have assumed that the remaining issues will be included in this section: Agricultural/Forestry Resources, Air Quality, Biological Resources, Cultural Resources (Archaeology), Energy, Geologic Conditions, Greenhouse Gas Emissions, Hazards/Hazardous Materials, Hydrology/Water Quality, Mineral Resources, Noise, Population/Housing, Recreation, Public Services, Transportation, Tribal Cultural Resources, Utilities and Service Systems, and Wildfire. This section will be based in part on project-specific technical analyses by the BCG team or others, outlined above, as well as the expertise of our in-house and teaming partner staff. Cumulative Impacts. This section will address potential impacts when the project is considered with other past, present, and reasonably foreseeable future projects in the project area whose implementation could result in significant environmental changes, which are individually limited but cumulatively considerable. Growth Inducement. BCG will address the project’s potential direct and indirect growth-inducing effects, as required by Section 15126.2(d) of the State CEQA Guidelines. The discussion of growth inducement will be based on the potential of the project to induce, either directly or indirectly, economic or population growth resulting in the need for construction of additional housing or infrastructure beyond that proposed by the project. Alternatives. The EIR will evaluate up to three (3) project alternatives in detail, including a No Project/No Development Alternative, Reduced Project Alternative, and Historic Resources Alternative that will be determined and defined during the CEQA process. The alternatives will be focused on reducing or avoiding the project’s significant impacts. Any alternatives “considered but rejected” through the project planning process can also be discussed in a summary fashion if the City desires to document their rejection. A comparative matrix of the impacts of the project alternatives and the project will be provided. Other CEQA/Mandatory Findings of Significance. In accordance with Section 15126.2 of the CEQA Guidelines, the EIR will include other sections required by CEQA and the City EIR procedures, including the following: Significant Unavoidable Adverse Impacts, Significant and Irreversible impacts, References, Individuals and Agencies Consulted and List of Preparers. Mitigation Monitoring and Reporting Program (MMRP). The EIR will also contain MMRP. At a minimum, the MMRP will identify: 1) the department responsible for the monitoring; 2) the monitoring and reporting schedule; and 3) the completion requirements. Response to Comments. After public review of the Draft EIR is complete, the BCG team will prepare responses to comments received during public review of the Draft EIR. It is assumed that the number of comments received will not exceed 50 unique and substantive comments within the various comment letters. If a substantial number of comments are received on the same topic(s), BCG will prepare Topical Responses, DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 Three on Garfield EIR RFQ 23-01 which allow for more efficient and consolidated replies. If necessary, based on the comments received, corresponding revisions will be made to the body of the EIR and/or MMRP in strikeout/underline format. Findings and Statement of Overriding Considerations. BCG will prepare Candidate CEQA Findings (Findings) for the City to adopt during their decision-making process. The Findings will clearly identify the significant environmental impacts resulting from the proposed project and conclude whether the impacts would be mitigated to below a level of significance or whether mitigation is the responsibility of another agency. Where mitigation measures or alternatives may exist but are not considered feasible, the basis for this conclusion will be clearly stated in the Findings. The Findings will also use the EIR to identify feasible alternatives considered by the City, which could reduce the adverse impacts but are not being proposed. If significant unmitigated impacts are identified in the EIR, BCG will prepare the draft Statement of Overriding Considerations (SOC). Specific to the topics and issues outlined in the RFQ, BCG is recommending the following modifications to the EIR scope presented in the RFQ: • Greenhouse Gas Emissions – CAP Consistency Checklist will be the basis of determining the project’s consistency with the CAP. • Hydrology/Water Quality – A Drainage/Hydrology Study with recommendations is not required due to the size of the project, instead a review of the regulatory requirements and details on how the project design will comply will be provided.. • Water Supply Assessment – Per the SB 610 Guidelines, this is not required for residential projects less than 500 units in size; the EIR will provide this background. • Transportation/Circulation –Topics to be addressed will reflect the current CEQA Guidelines Appendix G amended in 2018. In addition to preparing the number of screencheck drafts and final drafts requested in the RFQ, BCG’s Senior Project Manager will attend a scoping meeting, project meetings and public hearings at the City’s request. If the technical expertise of our team’s specialists is requested, we would make those team members available. 3. Proposed EIR Schedule An approximately 12-month timeframe is anticipated from the Notice to Proceed on the CEQA contract until the project can go to Planning Commission and City Council hearings. We have developed the following preliminary schedule for the City’s consideration when selecting a consultant team; refinements will be made upon our selection to define key deadlines for interim deliverables not identified at this time. The timeframes for the deliverables are taken from the Scope of Services in the RFQ. The City would have the BCG team’s commitment to achieving this schedule, provided unanticipated delays do not arise during the environmental documentation process. To accomplish this proactive schedule, we would encourage the City to publish the NOP and conduct the Scoping Meeting shortly after the Notice to Proceed to allow for the technical specialists and EIR preparers to incorporate concerns expressed during the scoping process into the initial EIR preparation phase. DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 Three on Garfield EIR RFQ 23-01 Task Completion Date Notice to Proceed October 1, 2022 Preparation of 1st Screencheck Draft EIR (12 weeks) December 23, 2022 City Review (4 weeks) January 20, 2023 Preparation of 2nd Screencheck Draft EIR (4 weeks) February 17, 2023 City Review (2 weeks) March 3, 2023 Preparation of Public Review Draft EIR (2 weeks) March 17, 2023 City Distribution of Draft EIR (1 week) March 24, 2023 Public Review (45 days) March 27, 2023, through May 10, 2023 Preparation of 1st Screencheck Response to Comments and Final EIR (4 weeks) June 7, 2023 City Review (2 weeks) June 21, 2023 Preparation of 2nd Screencheck Response to Comments and Final EIR (4 weeks) July 19, 2023 City Review (2 weeks) August 2, 2023 Preparation of Final EIR, Findings of Fact, Statement of Overriding Considerations (if needed) (2 weeks) August 16, 2023 Baranek Consulting Group, Inc. | 18 DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 Draft EIR October 2022 PRELIMINARY TABLE OF CONTENTS Three on Garfield Project Draft EIR Chapter 1, Introduction ............................................................................................................................. 1-1 1.1 Purpose of This EIR ............................................................................................................................ 1.2 Intended Use of This EIR .................................................................................................................... 1.3 CEQA Environmental Review Process................................................................................................ 1.4 Organization of the Draft EIR ............................................................................................................. Chapter 2, Summary .................................................................................................................................. 2-1 2.1 Introduction ....................................................................................................................................... 2.2 Project Location and Setting .............................................................................................................. 2.3 Project Objectives .............................................................................................................................. 2.4 Project Characteristics Summary ....................................................................................................... 2.5 Project Approvals ............................................................................................................................... 2.6 Overview of Project Alternatives ....................................................................................................... 2.7 Areas of Controversy and Issues to Be Resolved ............................................................................... 2.8 Summary of Significant Environmental Impacts and Mitigation Measures that Reduce or Avoid the Significant Impacts....................................................................................................................... Chapter 3, Project Description .................................................................................................................. 3-1 3.1 Project Location ................................................................................................................................. 3.2 Existing Setting................................................................................................................................... 3.3 Project Site History ............................................................................................................................ 3.4 Project Objectives .............................................................................................................................. 3.5 Project Characteristics ....................................................................................................................... 3.6 Project Construction .......................................................................................................................... 3.7 Project Approvals and Regulatory Requirements.............................................................................. Chapter 4, Environmental Impact Analysis ............................................................................................... 4-1 4.1 Introduction ....................................................................................................................................... 4.2 Aesthetics........................................................................................................................................... Baseline Environmental Conditions.............................................................................................. Regulatory Framework ................................................................................................................. Environmental Impacts................................................................................................................. 4.3 Cultural Resources ............................................................................................................................. Three on Garfield Project i City of Carlsbad DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 Draft EIR October 2022 Baseline Environmental Conditions.............................................................................................. Regulatory Framework ................................................................................................................. Environmental Impacts................................................................................................................. 4.4 Land Use Planning.............................................................................................................................. Baseline Environmental Conditions.............................................................................................. Regulatory Framework ................................................................................................................. Environmental Impacts................................................................................................................. Chapter 5, Alternatives .............................................................................................................................. 5-1 5.1 Introduction ....................................................................................................................................... 5.2 Criteria for Alternative Analysis ......................................................................................................... 5.3 Alternatives Eliminated from Detailed Consideration ....................................................................... 5.4 Evaluation of Alternatives.................................................................................................................. 5.5 Summary of Alternatives Analysis ..................................................................................................... 5.6 Environmentally Superior Alternative ............................................................................................... Chapter 6, Other CEQA Considerations ..................................................................................................... 6-1 6.1 Cumulative Impacts ........................................................................................................................... 6.2 Growth Inducing Impacts................................................................................................................... 6.3 Significant Irreversible Environmental Changes ................................................................................ 6.4 Unavoidable Significant Environmental Impacts ............................................................................... 6.5 Effects Found Not to be Significant ................................................................................................... Agriculture and Forestry Resources ............................................................................................. Air Quality ..................................................................................................................................... Biological Resources ..................................................................................................................... Energy ........................................................................................................................................... Geology ......................................................................................................................................... Greenhouse Gas Emissions........................................................................................................... Hazards and Hazardous Materials ................................................................................................ Hydrology/Water Quality ............................................................................................................. Mineral Resources ........................................................................................................................ Noise ............................................................................................................................................. Paleontological Resources ............................................................................................................ Population and Housing................................................................................................................ Public Services .............................................................................................................................. Three on Garfield Project ii City of Carlsbad DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 Draft EIR October 2022 Recreation..................................................................................................................................... Transportation/Circulation ........................................................................................................... Tribal Cultural Resources .............................................................................................................. Utilities and Service Systems ........................................................................................................ Wildfire ......................................................................................................................................... Chapter 7, List of Preparers ....................................................................................................................... 7-1 Chapter 8, Organizations and Persons Consulted ..................................................................................... 8-1 Chapter 9, References................................................................................................................................ 9-1 Appendices Three on Garfield Project iii City of Carlsbad DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 ATTACHMENT 3 Baranek Consulting Group Cost Estimate Three on Garfield EIR Principal/Sr. Project Manager Senior Environmental Planner/Senior Biologist Senior GIS Specialist Word Processor ODCs and Subconsultants TOTALS $185 $140 $100 $75 1. Project Initiation/NOP Scoping/Technical Studies Review Application/Site Visit/Technical Studies 12 $2,220 Air Quality Memo $5,260 $5,786 Cultural Resources Study (Archaeology) $5,350 $5,885 Historical Resources Peer Review and Assessment Report $17,400 $19,140 Noise and Vibration Memo $4,900 $5,390 Traffic Analysis Memo $2,890 $3,179 Task 1 Total $35,800 $41,600 2. Draft EIR First Screencheck Draft EIR Executive Summary 4 20 $3,540 Introduction/Environmental Setting 16 $2,240 Project Description 16 $2,960 Aesthetics 24 $4,440 Historical (Cultural) Resources 4 $3,000 $4,040 Land Use and Planning 28 $3,920 Effects Found Not to be Significant 8 16 $35,525 $42,798 Project Alternatives 4 32 $5,220 Cumulative 4 $560 Other CEQA Sections (Growth, Signif Irrev.) 8 $1,120 References Cited and Certification 6 $840 Mitigation Monitoring Plan 2 12 $2,050 Quality Assurance Review 12 $2,220 Candidate Findings (Draft and Final) 24 4 $5,000 Word Processing/Production/GIS 12 20 $2,700 Other Direct Costs (Printing, Messenger, Materials) $750 $750 First Screencheck Draft EIR Subtotal 98 146 12 20 $39,275 $84,398 Second Screencheck Draft EIR 16 28 4 16 $750 $9,230 Public Review Draft EIR 8 8 2 8 $2,500 $5,900 Task 2 Total 122 182 18 44 $42,525 $99,528 3. Final EIR First Screencheck Responses to Comments (RTC) 40 40 16 $13,000 $28,500 Second Screencheck RTCs/Final EIR 16 24 8 $6,920 Draft Final EIR 8 8 8 $3,200 Certified Final EIR 2 $370 Other Direct Costs (Printing, Messenger, Materials) $2,500 $2,750 Task 3 Total 66 72 0 32 $15,500 $41,740 4. CEQA Process Mgmt/Meetings/Hearing Process Management (12 months @ 4 hrs per mon) 48 $8,880 Project Meetings/Hearings (10 @ 1.5 hrs each) 14 $240 $2,854 Hearings (2 @ 3 hrs each) 6 $480 $1,638 Other Direct Costs (Mileage, Parking Fees) $100 $110 Task 4 Total 68 0 0 0 $820 $13,482 Contingency $3,625 Total EIR Cost $199,975 DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 DocuSign Envelope ID: 71F0A166-259B-4556-8385-91426ABDAADA Fee Proposal Assumptions: 1) Technical Studies outlined in scope of services will be prepared by LSA, ASM and Applicant; additional or expanded technical studies will be considered out of scope services. 2) All but two of the team meetings and all of the hearings will only be attended by BCG's Senior Project Manager, with the exception of ASM's Historian who will attend one meeting and one hearing. 3) No Initial Study will be required to accompany the Notice of Preparation; City will publish NOP and make scoping meeting arrangments. 4) Prints will include up to 20 bound copies of the NOP, 5 bound copies of two screencheck Draft EIRs, 20 bound copies of Public Review Draft EIR, 5 bound copies of technical appendices, and 25 bound copies of the Final EIR and 5 copies of Certified Final EIR with all appendices. 8/15/2022 C-Three on Garfield EIR_Cost Table.xlsx DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208 DocuSign Envelope ID: 71F0A166-259B-4556-8385-91426ABDAADA BCG Team Staff and Rate Schedule Staff Person Title/Role Services to be Provided Hourly Rate Baranek Consulting Group Kim Baranek, Senior Project Manager Contract and Project Management,Draft EIR Chapters $185 Sheryl Horn, Senior Environmental Planner Draft EIR Chapters $140 Justin Palmer, GIS Manager Prepare EIR Graphics $100 Joel Miller, Document Production Manager Technical Edit EIR Documents $75 LSA Ashley Davis, Principal Principal review of EIR Chapter 6.0 and RTC; Project Management $275 Adrianne Beazley, Associate Draft Chapter 6.0 $185 Laurel Frakes, Associate Draft Chapter 6.0 and RTC $180 Scott Verbuff, Senior Environmental Planner Draft Chapter 6.0 $185 Cara Carlucci, Senior Environmental Planner Draft Chapter 6.0 and RTC; Project Management $155 ASM Shannon Davis, Project Manager Principal in charge of Historical Resources Analyses $160 Marilyn Novell, Architectural Historian Draft Historical Resources Analyses $120 Laura Taylor Kung, Architectural Historian Draft Historical Resources Analyses $120 Sherri Andrews, Technical Editor Quality Control Historical Resources Report $140 Suzanne Slade, Word Processing Technical Edit Historical Resources Documents $85 Delane John Prince Draft Chapter 6.0 $195 DocuSign Envelope ID: 43984B63-7FB0-4AD6-8090-88D31DCB9208