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HomeMy WebLinkAbout1980-02-19; City Council; 6172; AGREEMENT FOR PROVISION OF CARRILLO RANCH EIR(lo)rfs .... ~--= ... ~· ,-_-_. ........ ( // CITY OF CARLSBAD INITIAL ·~, ·. AGE NOP:, BI.LL NO . ---=lP=----<-/_7.1.-· -=2.:::::-..-----------~--D e pt. H d . ....... ;.,·-./": .. DATE: FEBRUARY 19, 1980 Cty. Atty.:Jf_8__ \ DE PA RT MEN T: __ PL_A_N_N I_N_G ______________ c ty. Mgr. ~ SUBJECT: AGREEMENT FOR PROVISION OF CARILLO RANCH EIR ST AT E M E N T O F TH E M ,£\TT E R A Master Plan for the Carillo Ranch area was adopted in 1972. The Master Plan became non-conforming when the Planned Community (P-C) zone was redrafted in 1973. The Carlsbad Planning Moratorium was amended last year to allow for the processing of the City I s non-conforming Master Pl ans. As a result, the owners of the Cari 11 o Ranch property are ·in the process of submitting a plan which conforms to city -standards. It was determined by staff that such a submittal would req~ire pre- paration of an Envi~onmental Impact Report. In December of 1979, staff distributed Requests for Proposals (RFP's)' seeking a consultant to prepare an EIR for this property. By the deadline period of January 4, 1980, the Planning Department had received the following bids: The Dunham Company, Newport Beach Haworth, Carroll & Anderson, San Juan Capistrano Larry Seeman & Associates, Newport Beach $19,870 $17,950 $15,860 Staff reviewed each of the proposals and determin~d that either Seeman & Associates or Haworth, Carroll and Anderson had excellent qualifications for the preparation of Environmental Impact Reports. Because of a lower bid, staff is prepared to make the following recommendation: EXHIBITS l. Exhibit 11 A11 Res. No. ~o?oapproving agreement with Larry Seeman and Assoc. 2. Exhibit 11 AA11 Agreement with Larry Seeman and Assoc ; Attachments to Agreement AA: -Exhibit 11 A11 site map -Exhibit 11 811 Consultant proposal and work program 3. Exhibit 11 811 Res. No. £,ottfapproving agreement with applicant 4. Exhibit 11 8811 Agreement with DAON . "Southwest Attachments to Agreement 1188 11 : -Exhibit 11A11 site map · -Exhibit 11811 Consultant proposal and work program RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions authorizing the Mayor to enter into agreements with the consulting firm of Larry Seeman and Associates, Inc. for the preparation of an environmental impact report for the proposed Rancho Carillo Master Plan Revision, and DAON Southwest, for provision of . payment for consultant costs incurred in preparation of the draft environmental impact report for the Rancho Carillo Master Plan Revision. Council Action: See page 2 \ ~~ ( I ( ·AGENDA BILL NO. 6172 Page 2 Council Action: 2-19-80 Council adopted Resolution 6090, approving agreement with Larry Seeman and Associates for preparation of a draft EIR for the Rancho Carrillo Master Plan Revision, with the modifications on the proposal . to reflect noise and energy being of high potential significance. 2-19-80 Council adopted Resolution 6091, approving an agreement with Daon Southwest for the payment of consultant costs incurred from the provision of an EIR on the Rancho Carrillo Master Plan Revision J. ·2 3 4 5 ,' I RESOLUTION NO. 6090 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, INC. FOR PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPOR'r FOR THE RANCHO CARILLO MASTER PLAN REVISION 6 The City Council of the City of Carlsbad, California, does 7 hereby resolve as follows: 8 I That certain agreement between the City of Carlsbad and 9 Larry Seeman Associates, Inc. for preparation of a draft environ- 10 mental impact report for the Rancho Carillo Master Plan revision, 11 a copy of which is attached hereto, marked Exhibit "AA", and 12 incorporated herein by. reference, is hereby approved. 13 2 . The Mayor of th~ City of Carlsbad is hereby authorized 14 and directed to execute said agreement for and on behalf of the 15 City of Carlsbad. 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the 17 City Council of the City of Carlsbad held the ]9th day of 18 19 20 21 22 23 24 25 26 27 28 ~F~e......_b~r_u_a~r~y ____ , 1980, by the following vote, to-wit: AYES: NOES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casl.er None ABSENT: None ATTEST: ~~ ~ I AA ALETHA L. RAUTENKRA'il-z, 1ft~ (SEAL) . EXHIBIT A -. . :'..·- t ... AGREEMENT THIS AGREEMENT is made this day of , -------------- 19 , between the CITY OF CARLSBAD, a municipal corporation· of the State of California, hereinafter referred to as CITY, and Larry Seeman Associates, Inc. hereinafter referred to as CONSULTANT. \ RECITALS: WHEREAS, the City has entered into ·an agreement with ; hereinafter called the ---------------------Daon Southwest "Applicant", wherein .the City agrees to prepare an Environmental Impact Report for the proposed project .identified as Rancho Carillo Master Plan Revision -----------------------, which lies 5. 5:: miles inland from 'the Pacific Ocean at the easterly boundary of the Ci t ·y of Carlsbad and more precisely shown on the map marked Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the Consultant has the qualifications to prepare ~ the required Environmental Impact Report; and WHEREAS, the Consultant represents that neither he nor any member of his staff has performed any work on the proposed project, has no understanding with the applicant or any expectation of working for the applicant in the future on sai~ project and has not been employed by the applicant upon any project within 'two EXHIBIT AA \ \ ' \' years last past; and , WHEREAS, it.is understood that the Consultant 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). 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 iti Title 19 of the Carlsbad Municipal Code and its impJementing resolutions. In carrying out this obligation ·the Consultant's duties shall include the following: (a) The Consultant shall (1) make all requireJ field explorations, review, and tests; (2) make all required 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 prelimi- nary report to the Planning Director for staff review. The Consultant ~hall revise the 2. I, '' ( preliminary report as requested by staff in order to make it suitable for draft EIR review. (b} Consultant shall prepare a draft report in compliance with the Work Program marked Exhibit "B", attached hereto and made a part hereof and with applicable State law and City ordinances. The Consultant shall submit .to City thirty copies plus a reproducible master of the draft EIR to the City· .. (c} Consultant shall attempt to determine as soon as possible in his study of the area involved, those factors which could severely inhibit or -prohibit the prbposed project. If it appears that such factors are present, he 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 costs if these adverse £actors exist, (d} Consultant shall prepare and file with the City a written response to all comments received subsequent 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 pre- pared in a form that ·will permit attachment to 3. ( the Environmental Impact Report·. '.l'he Envir.onmental Impact Report, 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 (3) (a) The City will _make payment to the Consultant as provided for.in this agreement. (b) The City will make available to the Consultaht any document, studies, or other information in its possession related to the proposed project. (c) The City will review the Preliminary Report presented by the Consultant within fourteen working days of their receipt and make writ.ten comments to the Consultant within this time period. (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. 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 4. 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 ctty 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. (6) PAYMENT The Consultant will be paH1 a maximum of $15,860.00 dollars for all work necessary to carry out the requireients of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Exhibit "B''. The Consultant shall be paid sixty percent of the compensable services completed within fifteen days after receipt of his 5. (7) ( invoice for the completion of .the draft Environmental Impact Report in accordance with Paragraph 1 above. The Consultant will be paid the remaining for~y 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. 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 Consult.ant 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 by __ A_p_r_1_·1 __ 7_t_h ____ ~-' 19~. He shall submit to the City, thirty copies of the draft Environmental Impact Report by April 22 , ----------- 19 80 (8) LIMITS OF THE OBLIGATION The limits of the obligation of the City under this agreement is in the sum of $15,860.00 which amount is estimated to be sufficient to compensate the Consultant for all services performed hereunder during the terms of this agre~ment. In the event at any time it appears to the Consultant that said sum may 6. not be sufficient, he shall imm_ediately so notify the Planning Director. He will not perform any \ work or incur any obligation beyond said sum of ·$15,860.00 without appropriate amendment ------------ to this agreement~ (9} 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 to property resulting from or arising out of or in any way connected with the per- formance by Consultant of this agreement, including the defense of any action arising therefrom. Consultant will reimburse the City for all costs, expenses and losses incurred by it in consequent of any dlaims, demands and causes of action which may be brought against it by a person arising out of the performance by Consultant of this agreement. (10} MAINTAIN INSURANCE Consultant shall, at all tjmes that this agreement is in effect or the premises 'are ~ccupied by Consultant, cause to be maintained in forte 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 occ~rring as a result of any acts or activity of 7. _1,•·· Consultant. The liability un~er 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. ( 11) INDEPENDENT CONTRAC'l'OR Consultant in accordance with his status as an independent contractor, coven~nts and agrees that 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 employ~e of the City including, but not limited to, -workmen's conpensation coverage, unemployment insurance , benefits, social· security coverage, or retirement membership credit. ( 12) ASS I GNME~JT OF CONTRACT Consultant shall not assign this contract or any part thereof or any nonies due or to become due thereunder without the prior written consent of the City. ( 13) SUBCON'l'RAC'l'ING If the Consultant shall subcontract any of the work 8. ( 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 e~ployed. 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 sub- contractor and every subcontractor of a subcontractor by the terms of this contract applicable to its work unless specifically noted to "t;he contrary in ·the sub- . . contract in questi?n approved in writing by the City. (14) 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 peisonally 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, super- visory or other similar functions in connection with the 9. \._ ----------------- ( / l performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. (15) VERBAL AGREEMENT OR CONVERSATION , No verbal agreement or conversation with any· of fie er, agent or employee of 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 such verbal agreement or conversation entitle the Consultant to any additional payment what- soever under the terms of this contract. IN WITNESS WHEREOF, the parties he:t:"eto have executed this agreement on the day and year first above written. ATTEST: ~f Ra~~ - ALETHA L. HAUTENKRA~ ~lerk FORM: 10. CITY OF CARLSBAD, a Municipal Corporation of the State of California By _&a,-k( L~ &if:h~~~ . RONALD C. PACKARD, Mayor By -~---------------- ( C ,OCEANSIDE SAN A PLANNED COMMUNITY BY: CARLSBAD, CALIFORNIA Tl£ WOODWARD COMPANIES, THE. MEISTER COMPANY, INC. & DAON SOUTHWEST Exh,6,i A SAN MARCOS 71k.J,.iWl'()flf ClNltll l~c'IVl. ~I.Ii~ 215. MWl'CXII lll/\Ol CA </','W .1. (/M) t,,!04<111 .. IL . . ------•-•-d-•-·,L.--t_ ••-'• -•••••~J-1-••--•-"•..,__, _____ -~----•--•JO ,_. ... ,_.,_ . ..,_,,_. . ..,, .. .__,_.,,.4.-_.,._., __ ,_, __ ,_._,. ___ ,.,_•~-••••-••••--•••• ••••-•-••• -• --•-•••••••-• -••• ,,_,•-••• -·•--~-----•---• •--•• ••••---••-,._.,, .. • _ .... .-..... ,,,.-.,, 'OI L ..... ,r_,, .... ,,.,, ' -••••• ( ( □ 500 newport center drive, suite 525 .. newport beach, california 92660 . phone (714) 640-6363 l ~a O 2927 newbury street, suite c ~~e~:: berkeley, california 94703 · •m:i.ii/~ \ phone (415) 841-6840 ___ __.;,---------------~--;___;__ ________ _ LARRY SEEMAN ASSOCIATES, INC. EXHIBIT "B" PROPOSAL ENVIRONMENTAL IMPACT REPORT RANCHO CAF.RILLO REVISED MASTER PLAN . PREPARED BY ~ LARRY SEEMAN ASSOCIATES, INC. 500 NEWPORT CENTER DRIVE , SUITE 525 NEWPORT BEACH, CA 92660 ( 714) 640-6363 JANUARY 4, 1980 \. '• INTRODUCTION l PROPOSAL ENVIRONMENTAL IMPACT REPORT RANCHO CARRILLO REVISED MASTER PLAN lsa Larry Seeman·Associates (LSA) is pleased to submit this proposal for the preparation of an Environmental Impact Report for the implementation of the Revised Rancho Carrillo Master Plan. Our proposal is based on discussions with the City staff and our knowledge of the area. The following scope of · services reflects a level of effort which, in our opinion, will result in a complete and objective environmental analysis in a format which will meet all of the requirements of the City of Carlsbad and the California Environmental Quality Act. · LSA is a highly respected environmental consulting firm with extensive experience in preparing EIR's for similar projects throughout California. In addition, all of the_ key members of the study team are · personally familiar with the City of Carlsbad. STUDY PLAN/SCOPE OF SERVICES Gene1--a1.· We propose to prepare-a preiiniinary·draft, a draft, and a.final . EIR for the proposed development. The EIR will address all of the issues · normally addressed in such documents and will include all of the information required by applicable local and state environmental requirements. The draft and final EIR shall include a summary of impacts section highlighting and · abstracting the project descri~tion, impacts, a~d mitigation measures. The report will cover the full range of potencial environmental issues, but will focus on those issues which are considered to be the most significant.· The following tabulation reflects our preliminary assessment of the relative sen- sitivity of the various issues to be addressed. Our assessment of the sig- ficiance of individual topics may change during the course of the study. Topic Topography Soils and Geology Hydrology and Water Quality Biological Resources Air Qual-ity Potential Significance .!:!i9h. Moderate X X X X X I . Topic Land Use ( Traffic and Circulation · Noise Utilities Services Archaeology Energy Agrtcul ture 2 l... · ·rot~nttal Significan~e High X X X X Moderate X X X .x lsa For the issues identtfted as· 11 high'', we propose rather extensive analysis • . · For those issues identified as· "moderate'', we p.ropose a thorough review of existing data including fieldwork a~ necessary. In all cases, the signif-i- cance of potential impacts will be evaluated and necessary mitigatfon measures formulated. The project alternattves section shall address a range of land use altern- ati.ves and asse:;s the di.fferential envtronmental consequences focusing on im- pacts and issues whicb are most significant, _:·. :, . Topograpny. Using topographic:' maps to oe provided by the applicant and field visits, the topography of the site will be analyzed and described. The impacts on the landform of the proposed project will be analyzed on the basis of the conceptual grading plan. Mitigation measures designed to minimize impacts on tlie l andform will Be proposed as necessary. · Geology/Soils. We will review and assess previously prepared studies of · the area. A summary of the findings, conclusions, and recommendatiJns of the geology/sons report prepared by Geosoils, Inc for the project applicant will be included, focusing on constraints or hazards .which could affect the pro- posed development, significant rock oatcroppings, and the impli~ations of the proposed landform modifications on existing slopes, Hydrology/Water Quality. We will assess the hydrologic and water quality impacts of the proposed project with particular emphasis on the impacts of · runoff and siltation. While the site i_tself is not within a flood plain, any increase in runoff from the site will contribute to the potential flood hazard downstream. In addition, siltation and erosion pose significant problems downstream from the site.· LSA will consult with the project engineer in order to calculate the potential increase in runoff and will review the drainage and erosion control plans in conjunction with the co~ceptual grading plans. ( ( 3 lsa Bioiogical Resources. Existing information on biological resources will be reviewed, summarized, and evaluated. Because of previous studies, a com-- plete biotic inventory and survey is not required. However, particular attention will be given to potential project impacts on any identified areas of riparian vegetation and other significant biological resources, as well as any identified rare or endangered species. · · · Air Quality. We w"ill perform an air quality analysis of the proposed project. This analysis will be done in accordance with the requirements of the AQMD and will include a discussion of both the .regional and localized implications of the project. · · Land Use. The proposed project will be analyzed with respect to the City's General Plan, Zoning Ordinance," and all .other applicable laws and policies. Potential impacts · of the proposed project on overall City policy or on land use planning efforts in the immediate vicinity will be identified and mitigation measures proposed. · .. Traffic and Circulation. All existing traffic information in the , vicinity win be reviewed. A summary of the findings, conclusions, and reco- mmendations of the traffic report being prepared fbr the applicant by Weston Pringle will be included • . Noise. A noise analysis will be conducted to assess potential noise . problems in the vicinity. Traffie ·and aircraft related noise impacts on developments within the project area will be quantified. Activities at the nearby raceway w'ill be reviewed to identify potential problems. Miti- gation measures will be proposed as necessary. Utilities and Services •. All departments and agencies which will be providing utilities and services to the proposed development will be contacted to determine the capacity and adequacy of existing systems and to ·i d2nti fy potential defici~ncies, improvements or expansions which would be required. A summary and an::ilysis of the results of pertinent studies, focluding the reient Master Plan of sewage treatment facilities, addressing issues of utilities and services will be included. Particular emphasis will be placed on water, sewer, police, fire and schools. Archaeological/Paleontological/Historical Resource~. All previous studies will be reviewed. A summary of the original archaeological study. conducted by Recon, and the subsequent review conducted by WESTEC Services will be prepared. Energy. A complete analysis of energy consumption, proposed conservation programs and potential alternate energy sources will be prepared. Mitigation measures wi 11 be recommended as necessary. /. ; ( ( 4 lsa . Agriculture. A summary of the agricultural feasibility study currently being prepared for the applicant will be prepared. . . Cost/Revenue Analysis. The City of Carlsbad will contract separately for .· the preparation of a fiscal and economic impact analysis. A summary of the findings conclusions and recommendations of that report will be integrated into :the EIR. SCHEDULE L_SA is prepared to proceed with this project immediately upon authorization and receipt of the revised Master Plan, and all project plans and studies. Assuming that information, plans, etc. are available promptly from the appli- cant, we will be able to complete a preliminary draft for City_review within six weeks. During this period we will carefully coordinate the study with the City staff so that the preliminary draft is as complete and accurate as possib1e. · We will also assist the City. staff in preparing and filing the Notice of Preparation. · Following receipt of review comments on the preliminary draft from the Lity, we will be able to submit fifty copies of the formal Draft EIR within three weeks • • ,. · Follow-up meetings and public hearings will be attended as required, antl the final EIR will be prepared pr6mptly.· QUALIFICATIONS AND. EXPERIENCE . ' LSA is a highly respected environmental consulting firm with extensive experience throughout the state~ The firm was founded in 1973 and currently has 18 full-time employees plus numerous consulting associates in offices located-in Berkeley and Newport Beach, California. A Statement of Qualifica- tions explaining our range of consulting services and previous experience is on file with the City of Carlsbad. LSA has been involved in numerous siudies of large scale residential developments. Some typical examples include: Westgate Village, Irvine Village of Turtle Rock, Irvine Village of Woodbridge, Irvine Carmel Valley Plan, Monterey Del Monte Forest Area Plan, Monterey Rancho Matilija, Ventura Bixby Ranch, Santa Barbara 5 In addition to the high level of corporate experience, the individual staff members who will be responsible for this study also have extensive experience. Mr. William Foley, AICP, Vice .President and Principal-in- Charge of the Newport Beach office has ten years of public and private planning experience. He has served as Environmental Coordinator for the City of Newport Beach and as Director of Planning for a major consulting firm. He has directed and participated in the preparation of numerous EIR's including a previous study in the City of Carlsbad. Ms. Annette Sanchez will serve as project manager. Sh~ also has experience with similar projects and has worked in the City of Carlsbad. . . Resumes of all key personnel are attached. REFERENCES lsa The following clients are familiar with. LSA and with the individual staff members assigned to this study: Ray Hetherington City of Irvine Fred Talarico ·. City of Newport Beach Keith Greer The Irvine Company Marlene Roth City of Lagun~ Beach Jim Taylo~ Urban Assist,Inc. . , . . PROJECT BUDGET (714) (714) (714) (714) (714) 754-3784 640-2197 644-3132 497-3311 640-1882 -LSA will complete the study described in this proposal on a time and materials basis for a maximum fee of $14,460. This fee includes the following services: ·Project management . · · LSA in-house analysis Review and Summarization of existing studies Report production and graphics Printing (60 copies) Travel and Expenses Draft EIR subtotal · $ 1,200 6,620 1,440 740 900* 180 $11,080 *The fees shown for ~rinting and preparation of the Final EIR are estimates based on our past experience. If the project runs smoothly these could be reduced. On the other hand, if unexpected complications arise the contract may, by mutual consent, need to be expanded. 6 • Draft EIR subtotal (carried-forward) Responses to comments Printing (50 r.opies of supplemental infol'.'mation) Final EIR Subtotal Hearings (Up to four hearings) Total 1-- ( $1 ,660* 600* $11,080 2,260 l , 120 . $14,460 These fees are based on the attached schedule bf fees and subject to the attached standard contract provisions. AVAILABLE INFORMATION LSA reco~nizes that the project proponents have conducted several studies relating to this site, and· that additional studies are currently underway. LSA proposes to review these studies and td .incorporate information from them intQ the EIR. In preparing this proposal, we have assumed that all of the studies listed in the RFP will be available and will meet the requirements of the City, If additional work is required, LSA will inform the City, and will, if requested, sub,nit supplemental proposals. STATEMENT OF OFFER . This proposal constitutes a firm offer to p~rform the work under the terms and conditions described herein. This offer shall be valid for sixty (60) days. The person who is authorized to enter into and negotiate amendments to this contract is: William R. Foley, AICP ·Vice President Larry Seeman Associates, Inc. 500 Newport Center Drive Suite 525 Newport Beach, CA 92660 (714) 640.:.6363 ~~}?~~ WILLIAM R. FOLH~AICP Vice President . ATTACHMENT I ( LARRY SEEMAN ASSOCIATES ENVIRONMENTAL PLANNING CONSULTANTS lARRY SEEMAN ASSOCIATES SCHEDULE OF STANDARD CONTRI\CT PROVISIONS FEES FOR PROFESSIONAL SERVICES Fixed Fee Contracts. The professional services described in the Scope of Services section of the attached proposal shall be provided -for the fixed fee noted in the-Compensation and Terms section of the proposal. All other professional services are considered Extra Services and shall be treated as described in a subsequent section of this attachment. Hourly Contracts. The professional services described in the Scope of Serv.ices section o-f this proposa 1 sha 11 be provided on a time basis at the following rates: Principal, $~0.00 /hour, Senior Project Managers; .$32.00/~our; Project Managers, $30.00/hour; Professional Staff, $20.00- $30.00/hour; Graphics) $15.00/hour; and Clerical ,~$15.00/hour .. All other -professional services are considered Extra Services and will be treated as described in a subsequent section of this attachment. 'I:; . Out:C.o-f-pocket expenses:·shaTT be reimbursed at cost and are not · included in the hourly fee for professional services. Out-of-pocket expenses include, but are not limited to, costs of 1) reproduction of reports and graphics furnished or prepared in connection with the work of the contract, 2).long distance telephone and telegraph charges, . 3) ·laboratory services, 4) automobile travel at. $0.20 per mile, 5) other · travel, subsistence, vehicle rental and l~dging in connectiun with the work of the contract, and 6) fees of specialized consultants retained with the approval of the client. . · The total estimated amount of time and expenses noted in the Compensation and Terms section of this -proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client. Extra S~rvices. Extra Services shall be provided on a time pl~s expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance. -· . -. -.. -. . ,-•. ( 2 LARRY SEEMAN AS~OCIATES • FREQUENCY OF BILLING M0nthly invoices shall be submitted for progress payment based on work completed to date. Out-of-pocket expenses shall be billed on the same monthly invoice and shall be identified as a separate. item. PAYMENT OF ACCOUNTS Accounts are due and payable upon receipt of invoice. A service charge of 1 percent (1%) of invoice (12% annual rate) may be applied to all ac~ounts not paid within 30 days of invoice date. TERMINATION OF SERVICES · Th.ese services may be termfnated Tipon ·10 · days written· notice for · good reasQn by either party. In this event, payment for all services and expenses incuired prior to the date of termination shall be due and payable upon receipt of final invoice in ?-Ccordance with the provision of the foregoing section. REVOCATION ···•·-··· •· This proposal shall be-conside-red revoked ff acceptance-is nof received \'Jitbin 90 days of the date hereof. ARB IT RA TI ON Any controversy or claim arising out of or relating to this contract, or. the breach thereof, shal'I be s·ettled by arbitration in San Rafael, California, in accordance with the rules of the Arrerican Arbitration Association, and judgment upon·the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this agreement shall be binding upon the client atid its successors and assigns and upon Larry Seeman Associates •its successors and assigns. Neither party shall assign nor transfer its interest in this agreement or any part thereof without the written consent of the other party. .... ,. ... ,. i .. , ... ~; ........... •-•••· ,,,._ •. ••--•~ .b.,•\•• _ • ..._ .. -"'• •••-~--•-••-~---.._...._.,,.._. __ ~o .... a.• ...... •..,_,., __ ,.__.__.,_ ... / ·J•,--~---.-.-•. • __ ,._ •--•-'"'-•-•• •-••••.,. ... ro.._.._,~_,.._,_,,oo•-• ••• ............ •••••-• •~-----1>-a.••*'-••l', ·• ef,. ••~•~◄._,•,&.J, ........ •.••~•-••..._.,,__,•,, .. _.,, .. .. . ' ( ( LARRY SEEMAN ASSOCIATES WILLIAM FOLEY, AICP VICE PRESIDENT SUMMARY·OF QUALIFICATIONS AND EXPERIENCE EDUCATION California State University, San -Diego, Bachelor of Arts in Polit- ical Science, San Diego~ CA, 1967. PROFESSIONAL EXPERIENCE Vice President, Larry Seeman Associates., Inc., p·lanning and environ- mental consultants,·providing consultant services to public agencies, property owners, and developers, Newport Beach and Berkeley, CA, 1_979- present. · Direcfor of P1anning, WESTEC Services, Inc., environmental cpnsult- ants, .San Diego and Tustin, CA, 1977-1979. Principal Planner, City of Newport Beach, Ne\'/port Beach, CA, 1959:.. 1977 . .. -. : .~.~~··; ·. ·:: .. -. -. ".: ' ...... . ~--P--e'ace-·:corpf'Volunte.ef-;:lrnfte·d Stites ·Peace Corps, ·sierra Leorie/ Africa, 1967-1969. Planning Aide, City of El Cajon, El Cajon; CA, 1968-1969. PRINCIPAL PROFESSIONAL RESPONSIBILITIES In the public sector, exercised general administrative responsi- 'bilities and participated in both current and advan~e planning fuhctions. Participated in the preparation of major elements of the.Generai Plan, specific area plans, and Local Coastal Program. Prepared major ordinance revisions. Served as staff liaison to several citizen~• committees. Responsible for review and recom~ mendations on major development proposals, including large planned residential communit·ies and regional commercial and office compTex- es. Responsible for implementation of CEQA. Served on technical advisory committees for Upper Newport Bay Reserve and the NIWA 208 Planning Program. In the private sector, served as principal-in-charge or project manager on numerous planning and environmental studies. Served as consultant for Local Coastal Progtrnnsfor h-10 public a~Jencies. . .. , ....... -·••·· --~ ··-··-··-·•-· ... .... -·-· -•-·. ---· -·· ·-·•·-· -····-· ..... . . • .. ---··-. .• ..... .,;..,.,.. .. ~' ------· -----·-•··--•·'•'-':--1. · .. ·::-;;.• .. · ( ·( • I WILLIAM R. FOLEY PAGE 2 -- LARRY SEEMAN ASSOCIATES Responsible for providing government coordination. Prepared design constra·int studies for privat~ developers. Processed permit appli- cations. PROFESSIONAL MEMBERSHIPS Member, American Planning Association Member, American Institute of Certified Planners 'Member, Association of Environmental Profe~sionals .:···-·:•··;_·. ANNETTE SANCHEZ ENVIRONMENTAL ANALYST . SUMMARY OF QUALIFICATIONS AND EXPERIENCE lsa EDUCATION 1--. University of California, Irvine, Master .of Sciences in Administration, Irvine, CA,.Marth ··1980. University of California, Irvine, Bachelor of Arts in Social Ecology, . Irvine, CA, 1977. PROFESSIONAL EXPERIENCE . ~ . . ,• : . Environmental ~nalyst, Larry Seeman Associates, Inc., environmental plan- ning consultants, Newport Beach, CA, 1979-present. Planning intern, City of Irvine Community Development Department, Irvine~ CA, l 97 8-l 97 9. . ·. Research assistant~. Graduate _Schoo1 of ~dmini stra~i Or"!, University 0-f . Cal-· ·? iforni ~0~ __ }'rv~ ne,·. CA, __ 1))!-,8: ,:-,. ·: ... · < :,.... ._ .. , ., . . .. .. -.·: :· _ ... • .. -.:.:·,. .:_.·. _ PRINCIPAL PROFESSIONAL RESPONSIBILITIES Project manager for and contributor to numerous environmental impact re- ports, environmental assessments, and land ·use studiesr Re s ponsibilities include project organization, coordination and editing of technical staff inpu·i.., coordination and -rev ·iew of subcontractors' work, a nd public presen-,. tat ions. PROFESSIONAL MEMBERSHIPS American Society for Publ"ic Administration. . l sa LARRY SED;J;,.l'J ASSOCIATES, INC. January ·14, 1980 Ms. Joyce Crosthwaithe Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 9200a SUBJECT: RANCHO CARRILLO Dear Joyce: \ ( D 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 RECEIVED· J.l\N 16 1980 tltv OF CARLSBAD ~lanning Dep3rtment This is to confirm our conversatidn concerning the need for a biological survey in conjunction with the preparation of the EIR for this project._ LSA will conduct a thorough field survey of the site and include a complete"section on biological resources in the report. The section will include a species list, the identification of rare or endangered species, the identification of significant biological resources, the analysis of potential impacts of the .project, and the formulation of any necessary mitigation measures. The additional fee for this work would be $1,400.00. In all other respects, our proposal dated January 4, 1980, is still valid. We appreciate this opportunity to provide additional information. If you have any questions, please contact me. · Si Merely, LARRY SEEMAN ASSOCIATES, INC. ~l*.:R.~ol~ Vice President WRF:hf I l- . i'</ { \ " . v· '' 1 '' -2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ( ( RESOLUTION NO. 6091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DAON SOU'rHWEST FOR THE PAYMENT OF CON- SULTANT COSTS INCURRED FROM THE PROVISION OF AN ENVIRONMENTAL IMPACT REPORT ON THE RANCHO CARILLO MASTER PLAN REVISION The City Council of the City of Carlsbad, California, does hereby resolve as follows: ~. That this certain agreement between the City of Carlsbad and DAON Southwest for the payment of consultant costs incurred from the provision of an Environmental Impact Report for the Rancho Carillo Master Plan Revision, a copy of which is attached hereto marked Exhibit ".BB" and made 9-part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby autho- rized and directed to execute said. agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a ·regular meeting of the City Council of the City of Carlsbad, California held on the 19th day of February , 19_Jill.r by the following vote, to-wit: AYES: NOES: Coun~ilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler None ABSENT? None ATTEST: (SEAL) EXHIBIT B ... \' AGREEMENT THIS AGREEMENT is made this day of , -----------~-- .19 , between the CITY OF CARLSBAD, a municipal corporation of the. State of California, hereinafter referred to as CITY, and DAON Southweit hereinafter --------'-----"~~---"'--------------------- referred to -as APPLICANT. RECITALS: WHEREAS, the Applicant has filed with the City a request for approval of a proposed project identified as Rancho ----'--"---""------ Carillo Master Plan Revision · -----------------------~-------------' and WHEREAS, the City has determined that said project could have a significant impact _on the environment and that an Environmental Impact Report must be prepared prior to consideration of the project; and WHEREAS, the City has determined that it must engage the services of a qualified consultant to perform the necessary work in the prepar~tion of an Environmental Impact Report for the proposed project; NOW, THEREFORE, in consideration of the covenants a_nd conditions hereinafter contained, it is agreed as _follows: 1. The City will engage the firm of Larry Seeman Associates, Inc. hereinafter referred to as the "Consultant" to perform EXHIBIT BB " \' ( the necessary work in the preparation of an Environmental Impact Report for that area more particularly depicted upon a ,site map attached hereto marked Exhibit 11 A11 and incorporated h~rein by reference. 2. It is understood that preparation of the Environmental Impact Report shall conform to the Proposal attached hereto as Exhibit "B", and may require: (a) Field exploration, review and tests; (b) Laboratory tests and analysis; (c) Written reports; and (d) Such other data as may be necessary to properly evaluate the iMpact of the proposed project on the environment. 3. It is understood that the City ~il~_direct the Consultant to determine at the earliest time those factors whic.h could severely inhibit or prohibit the proposed p~ojecti that the City will advise the Applicant of the Consultant's conclusion for the purpose of determining the feasibility of continuing· with preparation of the Environmental Impact Report. 4. The Applicant shall pay to the· City the actual cost incurred by the Consultant in preparing said report; that such costs shall be based on the costs set forth in Exhibit "B". The Applicant has advanced the sum of $15,860.00 as payment on account for the cost 2. . '\ \ ( ( of preparing· said report; that in the event it appears, as the work progresses, that said sum will not be sufficient, the City will notify the Applicant. No further work will be performed by the Consultant ·incurring an obligation beyond the amount advanced without an appropriate amendment to this Agreement. If the actual cost of preparing the report is less . than Applicant's advance, any surplus will be refunded to Applicant by City. 5. The Applicant shall further pay to the City the actual cost incurred by the City in the processing, review, prepar·ation of comments, or other work performed in connection with the Report: The Applicant has advanced the amount of $200.00 as payment for said services and agrees that if the actual cost incurred by the City exceeds the amount of the deposit he will, after receipt of City invoice, promptly_remit to the City such additional amount. If the actual cost incurred by the City is less than the amount of the payment by the Applicant, the City will promptly reftind such surplu~ funds to the Applican~. 6. It is understood that the Consultant shall be an independent contractor of the City; that the Applicant agrees to permit the Consultant to enter upon his 3. '' '' property and to perform all wdrk thereon as the Consultant deems necessary to complete the Environ- mental Impact Report. It is agreed that the Applicant at no time will interfere with the Consultant in the performance of such work or attempt to influence such Consultant during th~·course of his investi- gation and report. 7. It is understood that the City will attempt to bring the Environmental Impact Report to Planning Commission hearing not later than _______ J_u_l~y,___1_0 ___ ,' 19 _Q_Q__ IN WITNESS WHEREOf, the parties hereto have executed this agreement on the day and year first above written. ATTEST: ALETHA L. APPROVED AS TO FORM: , JR. 4. CITY OF CARLSBAD, a Mu~icipal Corporatiori of the State of California . APPLICA..1\1T By ----------------~ ( OCEANSIDE tli~~Fi ... AIRp PALOM~-.·_ .. ·. ··7 _., . L ." __ ·-.·_ A PLANNED COMMlJNrrv BY: CAALSOAO, CALIFORNIA ne WOODWARD COMffiNIES, THE' MEISTER COMPANY,-INC. & DAON SOUTHWEST ( SAN MARCOS r,,~JTI·E \-.!'/. tr->:·:1.<{ ~ PLAN'JI\G ~vCENTER · 71.(,~;fW'(''.'tJI c u 1i:l ;;i lY.'1Vf ~UIE /15 Mv,rc,n otK1 •. CA 'l'Jtctl (IM) t,.10-4911 '' ' . ( I \ □ 500 new port center drive, suite 525 . newport beach, california 92660 phone~1~640~363 · □ 2927 newbury street, suite c berkeley, caHfornia 94703 phone (415) 841-6840 l.ARRY SEEMAN ASSOCIATES, INC. EXHIBIT "B" PROPOSAL ENVIRONMENTAL IMPACT REPORT RANCHO CAF.RILLO REVISED MASTER PLAN · PREPARED BY LARRY SEEMAN ASSOCIATES, INC. 500 NEWPORT CENTER DRIVE, SUITE 525 NEWPORT BEACH, CA 92660 ( 714) 640-6363 JANUARY 4, 1980 /.."•' INTRODUCTION 1 PROPOSAL ENVIRONMENTAL IMPACT REPORT RANCHO CARRILLO REVISED MASTER PLAN Larry Seeman Associates (LSA) is pleased to submit this proposal for the preparation of an Environmental Impact Report for the implementation of the Revised Rancho Carrillo Master Plan. Our proposal is based on discussions with the City staff and our knowledge of the area. The follm-ving scope of services reflects a level of effort which, in our opinion, will result in a complete and objective environmental analysis in a format which will meet all of the requirements of the City of Carlsbad and the California Environmental Qua ii ty Act. · LSA .is a highly res~ected environmental consulting firm ~ith extensive _ experience in preparing EIR's for similar projects throughout California. In addition, all of the_ key members of the study team are personally familiar with the City of Carlsbad. STUDY PLAN/SCOPE OF SERVICES -. . . ·. General. We propose to prepare-a prei iminary" dra.ft, a draft, -and a final EIR for the proposed development. The E IR wi l.l address a 11 of the issues · · normally addressed in such documents and will include all of the information required by applicable local and state environmental requirements. The draft and final EIR shall include a summary of impact? section highlighting and abstracting the project description, impacts, and mitigation measures. The report will cover the full range of potencial environmental issues, but will focus on those issues which are considered to be .the most significant. The following tabulation reflects our preliminary assessment of the relative sen- sitivity of the various issues to be addressed. · Our assessment of the sig- ficiance of individual topics may change during the course of the study. Top~c. Topography Soils ~nd Geology Hydro 1 ogy and l~a ter Qua 1 i ty Biological Resources A'ir Quality Potential Significance High Moderate X X X X X · Topic Land Use ( Traffic and Circulatton Noise Uti_ l iti es Services Archaeology Energy Agriculture 2 l... ·rot~nttal Significance X X X X Moderate X X X X lsa For the issues identtfted as-"hi_gh11 , we propose rather extensive analysis • . · For those issues identified as "moderate", we propose a thorough review of · existing data includi'ng fie'ldwork as necessary. In all cases, the signifi- cance of potenti"a 1 impacts wtll be evaluated and necessary mitigation measures formulated. · The project alternattves section shall address a· rang~ of land use altern- a ti_ ves and asse:.;s the di. fferentta l envtronmenta 1 consequences focusing on im- pacts and issues which are most significant. . .. Topograpl'.!r. Using topographi_c' maps-to be provided by the applicant and . field visits, the topography of the site will be analyzed ·and described. The impacts on the landform of the proposed project will be analyzed on the basis of ··the co~ceptual grading plan. Mitigation measures designed to minimize impacts on the _ l andform 1vi 11 15e proposed as necessary. Geology/Soils. We will review and assess previously ·prepared studies of · the area. A summary of the findings, conclusions, and recommendatiJns of the geology/soils report prepared by Geosoils, Inc.' for the project applicant wiil be incl~ded, focusing on constraints or hazards which could affect the pro- posed development, significant rock outcroppings, a~d the impli~ations of the proposed landform modificatfons on existing slopes. Hydrology/Hater Quality_. We will assess the hydrologic and water quality impacts of the prop,os·ed project wi_th particular emphasis on the impacts of .· runoff and siltation. While the site i.tself is not within a flood plain, any increase in runoff from the site will contribute to the potential flood - hazard downstream. In addttion, siltation and erosion pose significant problems downstream from the stte. _ LSA will consult with the project engineer in order to calculate the potential increase in runoff and will review the drainage and erosion control plans in conjunction with the conceptual grading plans~ ( . \ ,., .. i . 3 lsa -..--------------------.,..------------------~. Biological Resources. Existing information on biological resources will be reviewed, summarized, and evaluated. Because of previous studies, a corn~ plete biotic inventory and survey is not required. However, particular attention will be given to potential project impacts on any identified areas of riparian vegetation and other significant biological resources, as well as any ·identified rare or endangered species. · · {\ir Quality. We will perform an air qualHy analysis of the propo_sed project. This analysis will be done in accordance with the requirements of the AQMD and will include a discussion of both the regional and localized implications of the project~ · · · Land Use. The proposed project will be analyzed with reipect to the · C·ity's General Plan, Zoning Or dinance; and a1l other applicable lav1s and policies. Potential impacts of the proposed project on overall City policy or on land use planning efforts in the immediate vicinity will be identified and mitigation measures proposed. Traffic and Circulation. All existing ·traffic information in the · vicinity 1-,ill be revie\ved. A summary of the findings, conclusions, and reco- mmendations of the traffic report being prepared for the applicant by Weston Pringle will be included • . Noise. A noise analysis will be conducted to assess potential noise problems in the vicinity. Traffic and aircraft related noise impacts on developments within the project area will be quantified. Activities at the nearby raceway will be reviewed to identify potential problems. Miti- gation measures will be proposed as necessary. Utilities and Services~. All departments and agencies which will be . providing utilities ~nd services to the proposecl development will be contacted to determine the capacity and adequacy of existing systems and to ·j d2nti fy potential deficiencies, improvements or expans{ons which would be required. A summary and an~lysis of the results _of pertinent studies, including the· recent Master Plan of sewage treatment facilities, addressing issues of utilities and services will be included. Particular emphasis will be placed on water, sewer, police, fire and schools. Archaeological/Paleontological/Historical Resources. All previous studies will be reviewed. A summary of the original archaeological study conducted by Recon, and the subsequent review conducted by WESTEC Services will be prepared. Energy. A complete analysis of energy consumption, proposed conservation programs and potential alternate energy sources will be· prepared. Mitigation measures wi 11 be recommended as necessary. ( 4 fui!iculture. A summary of the agricultural feasibility study currently being prepared for the applicant will be prepared. Co_st/Revenue Ana~~-The City of Carlsbad_· wi 11 contract separately for . the preparation of a fi sea 1 and econom'ic impact analysis. A summary of the findjngs conclusions and recommendations of that report will be integrated •into the EIR. SCHEDULE LSA is prepared to proceed with this project immediately upon authorization and receipt of the revised Master Plan, and all project plans and studies. Assuming that information, plans, etc. are available promptly from the appli- cant, we will be able to complete a preliminary draft for City review within six weeks. During this period we will carefully coordinate the study with the City staff so that the preliminary draft is as complete and accurate as possibie. · ~fo 1vill also assist the City staff in preparing and f-iling the Notice of Preparation. · Following receipt of review comments on the preliminary draft from the Lity, we will be able to submit fifty copies of the formal Draft EIR within thr~e weeks • .. -··Follow-up meetings and public hearings will be attended as required, and the final EIR will be prepared promptly.· QUALIFICATIONS AND . EXPERIENCE LSA is a highly respected environmental consul·ting firm with extensive experience throughout the state. The firm was founded in 1973 and currently has 18 full-time employees plus numerous consulting associates in offices located in Berkeley and Newport Beach, Californ·ia. A Statement of Qual·ifica- tions explaining our range of consulting servic~s and previous experience is on file with the City of Carlsbad. · LSA has been involved · in numerous siudies of large scale residential developments. Some typical examples include: Westgate Village, Irvine Village of Turtle Rock, Irvine Village of Woodbridge, Irvine Carmel Valley Plan, Monterey Del Monte Forest Area Plan, Monterey Rancho Matilija, Ventura Bixby Ranch, Santa Barbara ( 5 In addition to the high level of corporate experience, the individual staff members who will be responsible for this study also have extensive experience. Mr. ~~illiam Foley, AICP, Vice President and Principal-in- Charge of the Newport Beath office has ten years of public and private planning experience. He has served as Environmental Coordinator for the City of Newport Beach and as Director of Planning for a major consulting firm. He has directed and participated in the preparation of numerous EIR's including a previous study in the City of Carlsbad. Ms. Annette Sanchez will serve as project manager. Sh~ also has experience ~ith similar projects and has worked in the City of Carlsbad. Resumes of all key personnel are attached. REFERENCES lsa ·The following clients are familiar with. LSA and with the individual staff members assigned to this study: · Ray Hetherington Fred Talarico· Keith Greer Marlene Roth Jim Taylor PR.OJECT .. BUDGET City of Irv·i ne City of Newport Beach The Irvine Company City of Lagun~ Beach Urban Assist,Inc. (714) 754-3784 (714) 640-2197 (714) 644-3132 (714) 497-3311 (714) 640-1882 LSA will complete the study described in this proposal on a time and materials basis for a maximum fee of $14,460. This fee includes th~ foll6wing · services: · Project management . · LSA in-house analysis Review and Summarization of existing studies Report production and graphics Printing (60 copies) Travel and Expenses Draft EIR subtotal · $ 1,200 6,62Q 1;440 740 900* 180 $11,080 *The fees shown for printing and preparation of the Final EIR are estimates based on our past experience. If the project runs smoothly these could be reduced. On the other hand, if unexpected complications arise the contract may, by mutua 1 consent, need_ to be expanded. ., I ( 6 ( lsa ---------------------------------~ Draft EIR subtota·1 (carried-forward) Responses to comments . Printing (50 ~opie~ of supplemental i nforma ti on) Final EIR Subtotal Hearings (Up to four hearings) Total $1 ,660* 600* $11,080 2~260 l , 120 . $14,460 These fees are based on the ~ttached schedule of fees and subject to the attached standard contract provisions. AVAILABLE INFORMATION LSA recognizes that the project proponents have tonducted several studies re·lating to this site, and · that additional studies are currently underv,ay. LSA proposes to review these studies and td incorporate information from them into the EIR. In preparing this proposal, we have assumed that all of the .· .. studies listed in the RFP will be available and will meet the requirements .of . the· City. If additional \1/ork is required, L.SA wnr inform the City, and \-Jill, if requested, submit supplemental proposals. · STATEMENT OF OFFER This proposal constitutes 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 who is authorized to enter i~to and negotiate amendments to th·is· contract is: William R. Foley, AICP ·Vice President Larry Seeman Associates, Inc. 500 Newport Center Drive Suite 525 Newport Beach, CA 92660 (714) 640-6363 lv~ Jc F;~ WIL LTAM R. F0Lf ' ,A I CP Vice Pres ·i dent ATTACHMENT I LARRY SEEMAN ASSOCIATES ENVIRONMENTAL PLANNING CONSULTANTS LARRY SEEMAN ASSOCIATES SCHEDULE OF STANDARD CONTR~CT PROVISIONS FEES FOR PROFESSIONAL SERVICES Fixed Fee Contracts. The professional services described in the . Scope of Services section of the attached proposal shall be provided for the fixed fee noted in the-Compensation and Terms section of the proposal. All other professional services are considered Extra Services and shall be treated as described in a subsequent section of this attachment . . Hourly Contracts. The professional services described in the Scope of Services sectio,1 of this proposal shall be provided on a time basis · at the following rates: Principal, $40.00/hour, Senior Project Managers; .$32.00/~our; Project Managers, $30.00/hour; Professional Staff, $20.00- $30.00/hour; Graphics, $15.00/hour; and Clerical ,~$15.00/hour .. All other professional services are considered Extra Services and will be treated as described in a subsequent section of this attachment. ,·;.•· .. : .. Ou-6-of-pocket expenses ,·shall be reimbursed at cost and are not included in the hourly fee for professional services. Out-of-pocket expenses include, but are not limited to, costs of 1) repro4uction of reports and graphics furnished or prepared in connection with the work of the contract, 2).long distance telephone and telegraph charges, . 3) ·laboratory serv·ices, 4) automobile trav'el at. $0.20 per mne, 5) other · travel, subsistence, vehicle rental and lodging in connectiun with the work of the. contract, and 6) fees of specialized consultants retained with the approval of the client. The total estimated amount of time and expenses noted in the Compensation and Terms section of this proposal will serve as a control on the servi~es to be provided. The specified amount will not be exceeded without prior approval of the client. Extra Services. Extra Services shall be provided on a time pl~s expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance. ( ( 2 LARRY SEEMAN ASSOCIATES FREQUENCY OF BILLING Monthly invoices sha 11 be submitted for progress payment based on work completed to date. Out-of-pocket expenses shall be billed on the same monthly invoice and shall be identified as a separate. item. PAYMENT OF ACCOUNTS Accounts are due and payable upon receipt of invoice. A service charge of 1 percent (1%) of invoice (12% annual rate) may be applied to all accounts not paid within 30 days of invoice date. TERMINATION OF SERVICES _ These servfces may be termfnafecf .. iipOn_--10 days written· notice for · goo_d reason by either party. In this event, payment for all services and expenses incuired prior to the date of termination ~hall be due and payable upon receipt of final invoice in accordance with the provision of the foregoing section. REVOCATION This proposal shall be-considered revoked ·ff, acceptance-i"s not received witbin 90 days .of the date hereof. ARB IT RATION Any controversy or claim ar1s1ng out of or relating to this contract, or. the breach thereof, shal"I be settled by arbHration in San Rafael, California, in accordance with the rules of the Awerican Arbitration .Association, and judgment upon the award rendered by the arbitrators may be entered in any court havfog juri sdi cti on thereof. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this agreement shall be binding upon the client and Hs successors and assi~Jns and upon Larry Seeman Associates ·its successors and assigns. Neither party shall assign nor transfer its interest in this agreement or any part thereof without the written consent of the other party. --, ! '. ~ . --, .... ' ·. -. ---- . ( WILLIAM FOLEY, AICP VICE PRESIDENT ( LARRY 5€EM.O,N ASSOCIATES SUMMARY OF QUALIFICATIONS AND EXPERIENCE EDUCATION California State University, San Diego, Bachelor of Arts in Polit~ ical Science, San Diego~ CA, 1967. PROFESSIONAL EXPERIENCE Vice President, Larry Seeman Associates., Inc., planning and environ- mentaJ consultants, providing consultant services to public agencies, property owners, and developers, Ne1·1port Beach and Berkeley, CA, 1979- present. Director of Planning, WESTEC Services, Inc., environmental consult-- ants, San Diego and Tustin, CA, 1977-1979. Principal Planner, City of Newport Beach, Newport Beach, CA, 1969~. 1977. ~-' ·· · -~·--r-e:ace· Carpi Volunte'er; ~Unite·d States · Pea·ce Corps·, Sierra Leone ·, Aftica, 1967-1969. Planning Aide, CHy of El Cajon, El Cajon; CA, 1968-1969. PRINCIPAL PROFESSIONAL RESPONSIBILITIES In the public ~ector, exercised gencr~l administrative responsi- . bilities and participated in both current and advance planning functions. Participated in the preparation of major elements of the Generai Plan, specific area plans, and Local Coastal Program. Prepared major ordinance revisions. Served as staff liaison to several citizens' committees. Respons·ible for review and recom..:. mendations on major development proposals, including large planned residential communities and regional commercial and office complex- es. Responsible for implementation of CEQA. Served on technical advisory committees for Upper Newport Bay Reserve and the NrnA 208 Planning Program. In the private sector, served as principal-in-charge or project manager on numerous planning and environmental studies. Served as consultant for Local Coastal Programs -for two public agencies. ' . ',· WILLIAM R. FOLEY PAGE 2 -----...-----~--------_,....,.. ____ _::L:.:...A::.:.::RP.Y SEE~AN ASSOCl/',TE~ Respon sible for providing government coordination. Prepared design constraint studies for privat~ developers. Processed permit appli- cations. PROFESSIONAL MEMBERSHIPS Member, American Planning Association -Member, American Institute of Cert.Hied Pl anners 'Member , Association of Environmental Profe~sionals .. ,.· ... : . ' :.• .... .. ~~<:?+;f)~r.+F+~c:t:~!h'-~~\~t·i>'.;~.\.~:)·1=_'_}~.:r;::{t~:;S?\/8)}:~~, ;;_r::~;';<:.:~~;-~,£~~:~D/,ifi:· . ,. -, .. ·• -.. ,· . . . . ..... ··· .... ~ •.-.- ( ' I. I '.-', ' ( ANNETTE SANCHEZ ENVIRONMENTAL ANALYST ( -_ SUMMARY OF QUALIFICATIONS AND EXPERIENCE . EDUCATION . -L University of California, Irvine, Master of Sciences in Administration, Irvine, CA,.Marth· 1980. University of California, Irvine, Bachelor of Arts in Social Ecology, · Irvine> CA, 1977. PROFESSIONAL EXPERIENCE Environmental analyst, Larry Seem~n Associates, Inc., environmental plan- ning consultants. Newport Beach, CA, 1979-presc_nt. Planning intern, City of Irv"ine Commun"ity Developmen·t Department, Irvine~ CA, 1978-1979. Research as·si sta nt, Graduate Schoo 1 of ~dmir.istra~ion_, Univ er~i-ty pf ,ca 1-- _" 1fornia, Trvine; CA, 1978, :_ , -_-·:,·. > --:. -:-. :-·; .. ,. . -• ·-:··. . . --. -! --:··· .. . : ._ -:-_. . .-. . ·_ -: -PRINCIPAL PROFESSIONAL RESPONSIBILITIES Project manager for and contributor to numerous environmental impact re- ports, environmental assessments, and lan~ use studies. Responsibilities include project organization, coordination and edfting of technical staff input) coordination and revi~w of subcontiactors 1 work, and public pr~sen~ tations. PROFESSIONAL MEMBERSHIPS American Society for Public Administration. ( D ~00 newport center drive, suite 525 newport beach, california 92660 phone (714) 640-6363 D 2927 newbury street, suite c berl<eley, california 94703 · phone (415) 841 -6840 ------------------------~--..;._.,;.._ _______ ,_ LARRY SE~?1;1;..N ASSOCIATES, INC. January 14, 1980 Ms. Joyce Crosthwaithe Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 9200B SUBJECT: RANCHO CARRILLO Dear Joyce: \ I!JECEIVED J,C1,N 16 1980 CITY Or CARLSBt\D ~tanning Department This is to confirm our conversation concerning the need for a biological survey in conjunction \-Jith the preparation of the EIR for this proj ect.~ LSA will conduct a thorough field survey of the site and include a complete··section on biological resources in the report. The section will include a species list, the identification of rare or endangered species, the identification of significant biological resources, the analysis of potential impacts of the . project, and the formulation of any necessary mitigation measures. The additional fee for this work would be $1,400.00. In all other respects, our proposal dated January 4, 1980, is still valid. We appreciate this opportunity to provide additional information. If you have any questions, please contact me. .. Sincerely, LARRY SEEMAN ASSOCIATES, INC. ~1~/CF01~~ Vice President HRF:hf