HomeMy WebLinkAbout1981-02-03; City Council; 6507; AGREEMENT FOR PROVISION OF THE REVISED PARKS AND RECREATION ELEMENT/MACARIO CANYON PARK DEVELOPMENT PLAN ENVIRONMENTAL IMPACT REPORT (EIR)' ( .
CITY OF CARLSBAD
AGENDA BILL NO:
INITIAL
DEPT. HD.
DP.TE: FEBRUARY 3 1981 CTY. ATTY. -----=====-.=...t..-==:.=.;=----------------
DEPARTMENT: PI.ANNING CTY. MG · -=-=====:.,_ ________________ _
SUBJECT:
AGREEMENT FOR PROVISION OF THE REVISED PARKS AND RECREATION
ELEMENT/MACARIO CANYON PARK DEVEIDPMENT PIAN ENVIRONMENTAL
IMPACT REPORT (EIR)
STATEMENT OF THE MATTER:
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The propose::lproject involves the revision of the city's Parks and Recreation Element
and the preparation of a developnent plan for the proposed Macario Canyon Park. The
revised Parks arid Recreation Element will involve locations throughout the city
and ·it ·will be .a policy statement that. addresses the chang1ng parks and recreation
needs of the city. ·The ~iJacario Park project involves the developnent of a
preliJllinary planning document for a multi-faceted regional park located in Macario
Canyon, southeasterly of the innennost portion of Agua Hedionda Lagoon. (See
attached site map).· Developnent of the Macario Canyon site .located within
the coastal zone arid adjacent:to the lagoon c9uid have a significant effe~t on
the environment. Furthennore, revision of the Parks and :Recreation Element will
involve policy decisions that may affect land use within the city's sphere of
influence. Therefore,. the Planning Director has detennined that an EIR (or::, .
possibly.u..o ·separateEIRS) is requrred for the projects. Staff distributed
·requests for proposals (RFP'S) to four consultants for the preparation of an EIR.
All consultants responded. Attachment 1 surrrnarizes the staff review of the profOsals.
--. • -· -• -+ -• • • -• • -· -· • • ..._1) . • . .• Staff's recorrmendation is below. ·
FISCAL IMPACT
Should Council adopt the recomnendation below, the city would be financially
-responsible f0r the EIR contract. The not-to-exceed value-of the -recommended EIR
proposal is $24,077. Funds are available in the Planning Departinent's Professional
Services accounL · . It was anticipated in this account that $20, 000 w:'.)uld be needed
for the subject task. . The additional nec~ssary funds ( $4, 077) are currently
available in the account._ However, it may be necessary for the department to
request replacement funds through next . year's budget process. ·
ATTACHMENTS
1. -Merrorandurn to the CityHapager from the Planning Director dated Jan. 16, 1981
2. Site Map .
3. . Consultant' s Proposal
4 • Resolution No~ ~ ~ 1./ a, approving agreement with Larry Seeman Associates,
Consultant.
RECOMMENDATION
Staff recorrmends that the City Council ADOPT the attached resolution authorizing
the Mayor to enter 'into ·an agreement with the consulting firm of Larry Seeman Associates;
for preparation of the EnvironmentaJ,. Impact Report for the revised .Parks arid
Recreation .Element. and Macario Canyon Park developnent plan. The relevant
contract is on file for review in the Planning Department and the City Clerk's office.
council action: 2-3-81 Council approved staff rec t ' ommenaa ion.
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MEMORANDUM
DATE: January 16, 1980
TO: Frank Aleshire, City Manager
FROM:
SUBJECT:
James Hagaman, Director of Plannin~
SELECTION OF AN EIR CONSULTANT FOR THE REVISED
PARKS AND RECREATION ELEMENT/MACARIO CANYON
PARK DEVELOPMENT PLAN
The planning staff has completed its review of proposals
relative to the EIR for the revised Parks and Recreation
Element/Macario Canyon Park development plan. The following
is a summary of the relevant aspects of the subject review.
The estimated "not to e x ceed" contract value quoted by each
firm was as follows:
The Planning Center (PC)
Phillips ·Brandt Reddick (PBR)
Larry Seeman Associates (LSA)
EDWA, Inc.
$25,500
$24,300
$24,077
$22,000
One firm, LSA, indicated that they would revise their cost
estimate downward if the park design consultant was duplicating
any of the work proposed by LSA.
The proposals submitted by LSA and PBR were clearly superior
to the other two because they provide for a more complete
and detailed analysis of environmental impacts associated
with the Macario Park Plan and its alternatives. However,
LSA indicated that they would provide a detailed traffic
analysis (performed by a recognized traffic consultant)
relative to the Macario Park Plan . A large regional park
in Macario Canyon will probably generate significant amounts
of traffic in the area. A detailed traffic analysis would
inciude measures to mitigate traffic problems created by the
park. Although Phillips Brandt Reddick will provide a
traffic section in the EIR, the traffic analysis will not
be performed by a traffic engineer and will not contain the
detail warranted by the large scale development . Phillips
Brandt Reddick has indicated that a detailed traffic analysis
would increase their cost estimate.
Larry Seeman Associates has recent EIR experience in the
general vicinity of Macario Canyon. They prepared the
Carlsbad Research Center EIR (formerly Carlsbad Pacific
Industrial Park) and the Palomar Aiport Reclamation Facility
Environmental Data Base.
Attachment 1: ·· 1/2
Larry Seeman Associates indicated that given the varying
levels of specificity required in the environmental assessment
of the two projects, they would be willing to supply two
separate EIR'S for the same "not to exceed" estimate .
Planning staff is familiar and satisfied with the previous
EIR work performed by Larry Seeman Associates.
The proposal submitted by EDAW was the lowest bid. However,
the proposal has several significant short comings. Their
proposal is very general and it could apply to almost any
project ranging from a residential subdivision to an industrial
park development. Moreover, the proposal does not contain
the required percentages of the completed product that each
EDWA staff member will contribute. Furthermore, the proposal
does not contain a cost breakdown by task . A cost breakdown
by task aids planning staff in determining the level of
work effort and emphasis assigned to each task.
Based upon the above analysis of the EIR proposals, planning
staff recommends that Council choose the firm of Larry
Seeman Associates to prepare the EIR for the revised Parks and
Recreation Element/Macario Canyon Park Development Plan.
Planning staff also recommends that the selected park design
consultants should clearly define their work effort prior to
the signing of a contract between the city and the EIR
consultant. This strategy would enable the city to negotiate
a lower "not to exceed" contract price with the EIR consultant
in the event of a duplication of work efforts performed by
each consultant.
JCH:GW:ar
1/16/81
-2-Attachment 1: 2/2
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OCEANSIDE
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CITY OF CARLSBAD
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LARRY SEEMAN ASSOCIATES, INC.
□ 500 newport center drive, suite 525
newport beach, california 92660
phone (714) 640-6363
D 2927 newbury street, suite c
berkeley, california 94703
phone (415) 841-6840
PROPOSAL
ENVIRONMENTAL IMPACT REPORT
REVISED PARKS AND RECREATION ELEMENT
AND MACARIO PARK DEVELOPMENT PLAN
PREPAREO BY
,1ft_ECEIVED
DEC 2 2_ 1980
CITY OF CARLSBAD
Planning Department
LARRY SEEMAN ASSOCIATES, INC.
500 NEWPORT CENTER DRIVE , SUITE 525
NEWPORT BEACH, CA 92660
(714) 640-6363
DECEMBER 22, 1980
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ATTA.<-HME.~T .3
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INTRODUCTION
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PROPOSAL
ENVIRONMENTAL IMPACT REPORT
REVISED PARKS AND RECREATION ELEMENT
AND MACARIO PARK DEVELOPMENT PLAN
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Larry Seeman Associates (LSA) is pleased to submit this.proposal for the
preparation of an Environmental Impact Report (EIR) which will address the
rev·ised Parks and Recreation Element of the C-ity's General Plan and a phased
devel-0pment plan for Macario Park. Our proposal is based on dis~ussi6ns with
va·rious members of the City Staff, review of pr~vious environmental documents
on properties in the v·icinity of Macario Canyon, review of the Parks and Rec-
reation consultant's scope of services for preparation of the revised element
and master plan, and our knowledge of the City of Carls.bad and the Palomar
Airport Area. ·
The following scope of services reflects a level of effort which will
result in a complete and objective environmental analysis in a format that
will meet all of Fe requirements of the City of Carlsbad and the California
Environmental Quality Act (CEQA) .
LSA is a highly respected environmental consulting firm with extensive
experience in preparing environmental impact assessments for a variety of
land use proposals. A summary of our experience and qualifications is on
file with the City. More specifically, LSA has considerable experience with-
in the City of Carlsbad and the Palomar Airport area. We have been respon-
sible for the preparation of the Carlsbad Research Center EIR (formally,
Carlsbad Pacific Industrial Park) and the Palomar Airport Reclamation Facility
Environmental Data Base. In addition, we are currently preparing the EIR for
the Rancho Carrillo Master Plan.
ENVIRONMENTAL REQUIREMENTS
As described in the Request for Proposals (RFP), the EIR should address
two distinct underlying projects, the revision of the Parks and Recreation
Element of the General Plan and the adoption of Macario Park Development
Plan. These two projects will differ in level of specificity; consequently,
the environmental requirements for the projects will differ. The revised
Parks and Recreation Element will require a general environmental assessment
primarily focusing on the secondary effects that can be expected to follow
from its adoption. This environmental assessment will not be as detailed as
an EIR on a specific park development which might follow.
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The Macario Park Development Plan, however, wil1 require a more specific
environmental assessment which will analyze the onsite and offsite impacts of
the development of a± 366-acre regional park.
PREVIOUS STUDIES
Several previo~s environmental studies have been c6nducted within the
Macario -Canyon/Palomar A-irport Area. Much of this data will provide valuable
base data for the environmental analysis of the Macario Park Development Plan.
However, most site specific data was conducted a number of years ago and its
validity is unknown. Consequently, additional onsite surveys and analyses
will be necessary for the preparation of this EIR.
FORMAT ALTERNATIVES
Given the varying ·1evels of specificity required in the environmental
. assessment of the two projects, there are various formats which may be used
in presenting the environmental analysis. The following are four suggestions
for possible formats. l) Two separate EIRs could be prepared and processed
separately. 2). A single EIR could be prepared to cover both projects. 3)
An EIR could be pr~pared solely on the Macario Park Master Plan~ \jith an en-
vironmental impact assessment incorporated directly into the_ revised Parks
and Recreation Element (as provided for in Title 14, California Administra-.
tive Code, Section 15148). 4) The EIR for the Macario Park Master Plan could
be incorporated directly into the Master Plan, with an EIR incorporated into
the revised Parks and Recreation Element. ~Je do not feel it necessary to ·
·determine .the particular format at this time, as the particular format chosen
will have little substantive effect on our scope of services.
SCOPE OF SERVICES
Genera-1. We propose to prepare a preliminary (screencheck) Draft, a
Draft, and a Final EIR for the proposed projects. The EIR will address all
of the issues normally addressed, including those specific issues of concern
identified in the Initial Study an·d RFP. It will include all of the informa-
tion required by applicable l·ocal and State ~nvironmental guidelines. The
EIR will·contain an introduction, a summary, a description of the environmen-
tal setting of the projects, an an~lysis of the potential environmental im-
pacts related to the project, a description of feasible mitigation measures,
a discussion of other relevant planning considerations, and a discussion of
·alternatives and growth inducement. ·
-For clarity, the following scope of services is divided into two sections
covering separately the two subject projects.
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MACARIO PARK MASTER PLAN
Earth Resources . Based on the 1974 "Preliminary Evaluation of Geologic,
Soils and Seismic Conditions'' conducted by ·ENVICOM for the entire Japatul
Properties, we will provide a summary of its findings 1 conclus ·ions, and rec-
ommendations. This section w"ill focus on constraints or hazards which will
affect the proposed development (i.e. high groundwater, seismic instability,
liquefaction).
Based on onsite topographic analysis to be provided by the Park Design
Consultant, we will discuss existing topographic features and potential im-
pacts on natural topography as a result of the project.
Water Resources. Utilizing information from the City's Master Plan of
Drainage, the Carlsbad Research Center Drainage Study, and onsite hydrological
analysis, LSA will study the hydrologi.c and water quality impacts of the pro-
posed project. Particular attention will be paid to alteration~ in natural
runoff, necessary storm water facilities, and the potential for increased
sedimentation and pollutants within the Agua Hedionda! Also, if proposed,
any potential impacts related to the possible use of reclaimed water with
the park (i.e. golf course irrigation) will be discussed.
Biological Resources. A complete biological assessment of the± 366-
acre project site will be conducted by Steven G. Nelson of EDAW, Inc.· This
will include habitat assessment and identification of sensitive biological
resources. ·It is hoped this assessment will provide valuab~e input into the
design of the regional park.
Cultural Resources. Archaeological Planning Collaborative (a division
of Larry Seeman Associates) will conduct a cultural/scientific resource in-
ventory and assessment of the project site. This report will focus on archae-
ological, historical and paleontological resources. It will include a com-
plete records and literature review, a detailed field reconnaissance, detailed
mapping, and a complete report otitlining findings and recommendations regard-
ing onsite cultural resources .
Land Use. The key issues from a planning and land use perspective are
the interface between the proposed project and surrounding areas and the
relationship between the proposed project and other relevant planning pro-
grams (i.e. Local Coastal Program, LAFCO, Palomar Airport Land Use Plan,
County of San Diego General Plan). These issues will be carefully analyzed
and potential problems or conflicts identified.
. Traffia/Circulation. Weston Pringle and Associates will prepare the
traffic analysis for this project. The analysis will include a complete
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study of the on and offsite circulation impacts of the completed project. The
report will focus on project volumes and principal access points. It will
also analyze in some detail the possibility of the Cannon Road extension and
its effect on traffit distribution and park access .
Air Quality . An air quality analys ·is will be conducted for the project
in accordance with the requirements of the Air Pollution Control District.
Our meteorologist, Hans Giroux) vlill discuss the potential localized and re-
gional implications of construction activities, traffic emissions, stationary
source emissions, and air circulation patterns.
Noise. Vincent Mestre Associates will prepare the noise analysis. The
analysis will concentrate on potential noise constraints from the Palomar Air~
port operations and the potential noise impacts of project-related traffic
on adjacent la~d uses~ .
Utilities and Community Services. LSA will conta~t all departments and
agencies which will provide u~ilities and services to the proposed project to
detennine the capacity and adequacy of existing systems. Improvements to or
expansion of services and other mitigating _measures will be specified.
Energy.
the project.
LSA will conduct a complet~ analysis of energy consumption of
Also, possible energy conservation techniques will be identified.
Alternatives. Based .primarily upon alternatives to be defined as part
of the park design consultant's scope of services, we will identify and com-
pare viable project alternatives.
Cost Benefit. Based on the identified alternatives and on cost-revenue
data to be provided by the park design consultant, LSA will provide a cost-
benefit analysis of the various alternatives, including the proposed project.
Mitigation Measures. LSA will propose a series of mitigation measures
to mitigate identified impacts of the project. Where complete mitigation
is not possible or feasible, we will identify such impacts as unavoidable
adverse impacts.
REVISED PARKS AND RECREATION ELEMENT
The ~nvironmental assessment of the revised Parks and Recreation Element
will .desc;ibe the lo~al and regional envirohme~t emphasizing those features
likely to be affected by the plan. It will describe existing park and recre-
ation facilities and existing de~~rid for s~ch facilities.
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· The assessment will also evaluat~ the policies a~d proposals in the ele-
ment which involve the commitment of land or ~'lhich may lead to alterations
in the physical environment . It will discuss any changes in the use of land
related to the revisions to the element. It-will also discuss the cumulative
effect of the plan 1 s policies and proposals.
As described above under 11 Environmental Requirements 11 this is expected
to be a general assessment. Since the exact recommendations for revisions
are unknown, it is impossible to provide scope o~ services for onsite analysis
of any park locations which may be proposed as part of the e1ement. Such a
detailed analysis would be more appropriate at the time of specific park
planning and development.
SCHEDULE
LSA is prepared to proceed with thfs project imme~i~tely upon authoriza-
tion and receipt of all project data. We would intend to .work closely with
the City's park design consultant throughout all phases of th eir work. We
anticipate that the preliminary environmental analysis (equivalent to the
environmental setting) wou·fd proceed immediately for the timely input into
the physical design of M~cario Park. The ·preliminary impact assessment
would be completed following completion of a preliminary master plan of Ma-
cario Park and a preliminary revised parks and recreation element. The
Screencheck Draft EIR would be completed following the completion of a .for--
mal Draft Master Plan of Macario Park and a ·formal Draft of the revised Parks
and Recreation Element.
PROJECT STAFF
William R. Foley, AICP, Vice President in charge of the Newport Be~ch
office, will be the principal-in-charge of this project. Annette Sanchez
will serve as project manager. Ms. Sanchez has had considerable experience
with environmental assessments within the City of Carlsbad. She has been the
project manager for the Carlsbad Research· Center EIR and the Palomar Airport
Reclamation Facility environmental data base,. both of which are directly ad-
jacent to the proposed Macario Park . She also curre~tly serves as project
manager on the Rancho Carrillo EIR, also within the Palomar Airport area.
Edward Almanza will serve as support staff. He is also familiar with the
project area, as he is currently serving as issistant project manager on the
Rancho Carrillo·EIR.
Ms. Sanchez will be the principal staff person assigned to prepare the
environmental assessment. Approximately 70% of the final product will be a
result of her efforts. Mr. Almanza will contribute approximately 20% of the
work effort, with Mr. Foley contributing about 10% of the final product.
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The following individuals will be contributing technical assistance in
their particular fields. Ronald D. Douglas of APC will serve as principal
investigator for the cultural resources assessment. He is very familiar with
the area, having conducted various field surveys throughout San Diego County .
He has conducted surveys with the Carlsbad .Re search C~nter and a portion of
Macario Canyon (related to the Palomar Reclamation Facility Excess Effluent
Line).
Steven G. Nelson of EDAW, Inc . will be serving as the consulting biolo-
gist. He has conducted onsite biological surveys fot the Carlsbad Research
Center and is very familiar with the habitat in the area of the Japatul
properties.
Hans Giroux will serve as the meteorology, air quality, and energy spe -
cialist. He has conducted many air quality assessments throughout the City
of Carlsbad, including studies for the Carlsbad Resear~h Center EIR, Rancho
Carrillo EIR, and the Leucadia County Water District 'Reclamation Program EIR.
Westbn Pringle Associates will serve as the traffic consultant. WPA
conducted the traffic studies for the Carlsbad Research Center and .is :thor-
o~ghly familiar with traffic patterns and needs of the area. Vincent Mestre
Associates will conduct -the noise analysis.
Resumes of key staff members and corisultants are attached.
PROJECT BUDGET
LSA will complete the study described in this ~roposal on a time -and-
material basis for a maximum fee of $24,077 . This fee includes the follow-
; ng services:
PRELIMINARY AND DRAFT EIR
Management and Coordination .
LSA in-house environmental analysis
Biology Study
Cultural Resources Study
Traffic Study
Air Quality /Energy Study ·
Noise Study
Clerical and Graphics
Printing and Binders (10 prelim/35 draft)
Travel and Expenses (i.e. mileage, phones)
$ 2,840
4,800
l ,800
5,127
3,000
650
600
990
1,550
300
$21,657
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RESPONSES TO COMMENTS
Analysis and Writing
Clerical and Graphics
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Printing (35 copies of supplemental
information)
PUBLIC HEARINGS (4 hearings)
TOTAL BUDGET
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$1,400
250
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$ l ,860
$ 560
$24',077
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This budget includes all services necessary to complete the Draft and
Final EIRs in accordance with the scope of work contained in this proposal.
The fees are based on our standard hourly billing rates, a copy of which is
attached.
Our scope af services and budget assume that,the park design con-
sultant will not be conducting any of the studies de~cribed above. If this
assumption proves to be incorrect, our scope and budget can be adjusted
accordingly.
STATEMENT OF OFFER
This proposal constitut~s a firm offer to perform the work under the terms
and conditions described herein , This offer shall be valid for sixty (60)
days. The person authorized to enter into and negotiate amendments to this
contract is:
William R. Foley, AICP
Vice President
Larry Seeman Associates
500 Newport Center Drive, Suite 525
Newport Beach, CA 92660
.. (714) 640-6363
William R. Foley __ _
Vice President·
WRF/alp
Attachments:
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Fee Schedule
Resum~s
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RESOLUTION NO. 6442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
MENT BETWEEN THE CITY OF CARLSBAD AND LARRY
. SEEMAN ASSOCIATES FOR PREPARATION OF AN
. 'ENVIRONMENTAL IMPACT REPORT FOR THE REVISED
'PARKS AND RECREATION ELEMENT AND THE MACARIO
CANYON PARK DEVELOPMENT PLAN
The City Council of the City of Carlsbad, California, does
7 hereby resolve as follows:
8 1. That certain agreement between the City of Carlsbad and
9 Larry Seeman Associates for preparation of an environmental impact
10 report for the revised Parks and Recreation Element and the Macario
11 Canyon Park development plan, a copy of which is on file with the
12 City Clerk, .and incorporated herein by reference, is hereby
13 approved.
14 2. The Mayor of the City of Carlsbad is hereby authorized
15 and directed to execute said agreement for and on behalf of the
16 City of Carlsbad.
17 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
18 Council of the City of Carlsbad, held on the 3rd day of
19 February , 1981, by the following vote, to wit:
20 AYES: Council Members P.ackard, Casler, Lewis and_ Kulchin ..
21 NOES: None
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ABSENT: Council Member Anear
ATTEST:
ALETHA L. RAUTENKRANZ,
(SEAL)
~4 1,c. ~~ ONALDC. PACKARD, Mayor
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AGREEMENT
THIS AGREEMENT is made this day of ------------'
1981, between the CITY OF CARLSBAD, a municipal corporation of
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the State o~:California, hereinafter referred to as CITY, and
Larry Seeman Associates hereinafter referred to as CONSULTANT.
RECITALS:
WHEREAS, the City, hereinafter called the "Applicant"
agrees to prepare an Environmental Impact Report for the proposed
projects identified as the revised Parks and Recreation Element/
Macario Canyon Park development plan. The revised Parks and
Recreation Element involves various locations throughout the
city and Macario Canyon Park will be located southeasterly of
the inner most Lagoo3 of Agua Hedionda and more precisely
shown on the plat marked Attachment 2, attached hereto and
made a part hereof; and
WHEREAS, the Consultant has the qualifications to prepare
the required Environmental Impact Report; and
WHEREAS, it is understood that the Consultant shall be
an independent contracioi of the city;
NOW THEREFORE, in consideration of their mutual covenants •·
and conditions, the parties hereto agree as follows:
1. DUTIES OF THE CONSULTANT: Consultant shall prepare
an Environmental Impact Report for 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 Consultant's
duties shall include the following:
(a) The consultant shall (1) make all required field
exrflorations, review, and tests; (2) make all
r~quired laboratory tests and analysis; (3) appear
and be prepared to answer questions and present
testimony on the final Environmental Impact Report
· :at all .public hearings before the Planning Commission
and the City Council prior to the certification of
· the report; (4) make all reports necessary to comply
with the requirements of this section. Before
preparing the draft report, the Consultant shall
submit five copies of a preliminary report to the
Planning Director for staff review. The Consultant
shall revise the Environmental Impact Report. The
·Environmental Impact Rep~rt, the comments, and responses
'; thereto as approved by the Planning Commission and
City Council shall be compiled by Consultant and
integrated into the final Environmental Impact
Report.
(2) DUTIES OF THE CITY
(a) The City will• make payment to the Consul·tant as
provided for in this agreement •
.. (b) The City will make available to the Consultant any
document, studies, or other information in its
(c)
possession related to the proposed project.
The City will review the Preliminary Report presented
by .the Consultant within fourteen working days of
· their receipt and make written comments to the
Consultant within this time period.
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(d) The City shall provide the consultant 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.
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(3) TERMINATION OF AGREEMENT
The City may terminate this agreement at any time by
giving written notice to the Consultant of such termination
and specifying the effective date thereof, at least fifteen
· days before the effective date of such preliminary report
as requested by staff in order to make it suitable for
draft EIR review.
(a) Consultant shall prepare a draft report in compliance
with the Work Program contained in Attachment 3, attached
·(b)
(d)
·hereto and made a part hereof and with applicable
state law and city ordinances. The Consultant shall
submit to city thirty-five copies plus a reproducible
master of the draft EIR to the city.
Consultant shall attempt to determine as soon as
possible in his study of the area involved, those
factors whic~ ~ou1d severely inhibit or prohibit the
proposed project. If it appears that such factors
are present, ~e shall so inform the Planning Director
who in turn will discuss with the applicant the
feasibility of continuing with the report. The
objective of this subsection of the agreement is
to minimize the cost if these adverse factors exist.
Consultant shall prepare and file with the city a
written response to all comments received subsequent
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to public notice that the draft Environmental Impact
Report has been filed. Consultant shall also prepare
any responses necessary to matters raised at the public
hearings. The written response shall be prepared in a
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form that will permit attachment to termination. In
that event, all finished or unfinished documents and
other materials prepared pursuant to this agreement
shall, at the option of the city, become its property.
(4) RELEASE OF INFORMATION BY .CONSULTANT
Any reports, information or other data, prepared or
assembled by the consultant under this agreement shall not
be made available to any individual or organization
. by the consultant without the prior written approval of
the city.
(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF
ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIAL
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 repo~ts, data, or other .materials prepared
under this agreement.
(6) PAYMENT
The Consultant will be paid a maximimum of $24,077 dollars
for all work necessary to carry out the requirements of this
agreement. Actual payment shall be based on the cost of the
:: ·report based on the costs as set forth in Attachment 3. The
consultant shall be .paid sixty percent of the compensable
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services completed within fifteen days atter receipt
of his invoice for the completion of the draft Environmental
Impact Report in accordance with Paragraph 1 above. The
consultant will be paid the remaining forth percent
together 'with such other compensation payable to consultant
not to exceed the maximum amount provided in this agreement
within ·thirty days after receipt of invoice, to be submitted
after the certification of the Environmental Impact Report
by the City Council.
(7) 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
consultant will be allowed as many additional days as
are necessary to compensate for days lost due to inclement
'Weather. The consultant shall submit to the city, five
copies of the Preliminary Environmental Impact Report
•within 50 days of the submittal of the completed Macario
Canyon Park development plans and the revised Parks and
Recreation Element by the park design consultant. He
·shall submit to the_ city ► thirty-five copies of the draft
Environmental Impact Report within 2 weeks of the completed
staff review of the~Preliminary Environmental Impact Report.
(8) LIMITS OF THE . OBLIGATION
The iimits of the obligation of the city under this
agreement is in the sum of $24,077 which amount is estimated
to be sufficient to compensate the consultant for all
services performed hereunder during the terms of this
a·greement. In the event at any time it appears to the
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consultant that said sum may not be sufficient, he shall
immediately so notify the Planning Director. Ee will not
perform any work or incur any obligation beyond said sum
of $24,077 without appropriate amendment to this agreement.
(9) CHANGES IN WORK
If, in the course of this contract, changes seem merited
by the Consultant or the city and informal consultations
indicate that a change in.the conditions of the contract
is warranted, the Consultant or the City may request a
I
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 consul-
tant 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 Council. Such supplemental agreement shall not
render ineffective or invalid unaffected portions of
the agreement. Changes requiring immediate action by
the consultant or the city shall be ordered _by the
Assistant City Manager for Developmental Services, who
will inform a printipal of the consultant's firm of the
necessity of such action and follow up with a supplemental
agreement covering such work.
The lump sum amounts detailed in this agreement shall
~be adjusted for changes, either additive or deductive,
in the scope of work.
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(10) HOLD HARMLESS
The consultant will indemnify the city against and hold
it harmless from all and any cost, expense, or liability
for damages on account of injury or death to persons or .
damage t~ property resulting from or arising out of or
in any way connected with the performance by consultant
of this agreement, including the defense of any action
arising therefrom. Consultant will reimburse the city
.·.for all costs, e xpenses and losses incurred by it in
consequent of any claims, demands and causes of action which
may be brought against it by a person arising out of
· the performance by consultant of this agreement.
(11) MATNTAIN .INSURANCE
Consultant shall, at all times that this agreement is
in effect or the premises are occupied by consultant,
cause to be maintained in force and .effect an insurance
· policy or policies which will insure and indemnify both
city and consultant against liability or financial loss
resulting from injuries occurring to persons or property
in or about the premises or occurring as a result of any
acts or activity of Consultant. The liability under such
insurance policy shall be not less than $100,000 for any one
-*" person injured or $300,000 for any one accident and $50,000
for property damage .. The policy shall be written by a
responsible company or companies to be approved by city,
and shall be noncancelable except on ten days' written
notice to city. Such policy shall name city as co-assured
and a copy of such policy shall be filed with the Planning
Department.
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(12) INDEPENDENT CONTRACTOR
Consultant in accordance with his status as an independent
contractor, covenants and agrees that he will conduct himself
consistent with such status, that he will neither hold himself
out as .nor claim to be an officer or employee of the city by
reason hereof, and that he will not by reason hereof, make
any claim, demand, or application to or for any right or privilege
applicable to an officer or .employee of the city including, but
not limited to, workmen's compensation coverage, unemployment
insurance benefits, social security coverage, or retirement
membership credit .
. (13) ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part
thereof or any monies due or to become due thereunder
without the prior written consent of the city.
(14) SUBCONTRACTING
If the consultant shall subcontract any of the work to
be performed under this contract by consultant, the consultant
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 contractual relationship between any subcontractor of
.. consultant and the city. The consultant shall bind every
: subcontractor and every subcontractor of a 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.
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(15) PROHIBITED INTEREST
No official of the city who is authorized in such
capacity and 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 any 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
c~ty 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
thereof.
-(16) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, ·
agent or employee of the city, either before, during or
after the executiop of this contract, shall affect or
modify any of the terms or obligations herein contained,
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nor such verbal agreement or conversation entitle th~
consultant to any additional payment whatsoever under
the ter~s of this contract.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
ATTEST:
ALETHA RAUTENRANZ, City Cler
APPROVED AS TO FORM:
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CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By_e;Z~~~
r""RONALD C. PACKARD, Mayor
By ______________ _