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HomeMy WebLinkAboutEIR 82-01; CITY OF CARLSBAD OPERATIONS; Environmental Impact Report (EIR)n nottvasto the lett Ot dotted un.. CIA FEDERAL GRANT APPLICATION/AWAR NOTIFICATION . APPLICATI ON DATE L •- STATE OF CALIFORMJ•TE CLEARINGHOUSE (916) 44•:'3 o day, : T ITEL4S 1.31 TO BE COMPLETED BY APPLCAN ZFEDERALEMpLOyR)O . pA-Org.nizadanal Unir , A ADDRESS-Strest or P o. Bo . • . oF CA12.L5AD Js*ieo 112.00 £.M ALFE -:-iTY :- :. :. - . . 6. COUNTY • : : : .: • 7.STATE[8ZtP COOS 9. PRoG-TITL/NO CAaI.sAD SAJ OiEo CA 161'L0019 I 10. TVE OF ACTIQIW : •. . TYPE OF CHANGE (Comp).tvif 10b or, ioc was.ch.ic.) • . . . . •;.. . Ji EXSTuNGFEa GJW . . a2Nw•. c: Q ' ModI1fcior. ii • •• . . . 13 a ;Dlncreasä Dollars a2.Qurcr..,.dDuratiorI .QOth.rSc op. .charg •. . ; . DQ.,.cOoHars. b 13 Decreased Duration,b- DCanc.Ilation- - .. -: . • .: : - . r . • • ' • yr m APPLICANTTV PE Ent.L.ttc FUNDS of I.Joc I I 15 RE1UESTE2FUNQSTAWT 19_.._ A. Stat. F School District'. 20 PE0E4& ( )$ 16.1FU10SDURATION "Molithsk. a Interstate. G Community Action Agency 2rsTArE I vr- mo C SUb-Sta*.OiSI 1+ Sponsored OrgsAlzadom 17 ESt PflOJECSTART t9....._ 0. Count'. I Indian 23.0ThE 18. ESI. PAOrJECr3URATION ._- : (Mcnth E. City, : . 3. Other (Spec1y in Remark) 2#. TOTAL. 120. 27; 22. 23) . I ) $- . 25. BPtEFTuTLE OF • .. . . \ . : . • . . ; .: : . . : -. EtR. X 2.4 (ct-rq OPEQATIOI3S CILrf) APPLICMiVSPROJEC 26. '- : . : • . T ;:: .: : i'.. ... G,r.JeRAL. PLAIJ ZD.)6 CIAI-) F1aM tPPI'. - TO et.At4i orvL dipJ- t -1 Aci2:~ As-3D I c PflAT49øJ c fIct(4Tt ok ci:: 1'Ex6 Aci2c ' - 1 • Z. 27. AHA : • . :. ::;. Vr cot Ct-ft oG CAI2,AG - - I Required : .. 30.. CLARNGHOUSE(S)TOW)4ICI4SUBMLVraQ.. OAcant sutcta a.DStaw b QAreaW,dco 31. J.-Str..t or F. 0. .. . .: C. H ' (2 S- G tM4 ___ C_^ 4 D C l I Ti 3t d i§ ENVEONMENTALDOCUMEN1 REVtEWREQURE-;YESii NOEL IfVe the pjectrequire . re : . • IojetisphysIcaI innatuiir environrnenadocumentIistthetJ. S. 0 DrafrER •' - 0: F,rER YES. in GOtOICSUCV QuadrangI&rraprnwh - .... . .. NetO.ctatiPAt3checI(2acapëeS . .. .;, .;.: . . ... LL BFoededOr ' Nansattch.d-DocumentWU action9poI.cand plan? ,. Oay Year YES ri NO flJ - g ls.rojct covere&bc It No FederaIPPogranDoesNot Require.ArEnvironmentaI Document, ProjectExemptUnder State Categoucal Exempzioi Class A 5 rrIV YES, ;GAecL' YES D. N00. <1 .'.Y ITEMS 32-38 TO BE COMPLETED BY CLEARINGHOUSE 32.CL€ARINGHOUSE ID 10 CLEARINGHOUSE I I MULTIPLE I I LiiTl 33. a /4CTION BASED ON REVIEW OF 33. b ACTION TAKEN I 4DNotlficatier, With Comment C Waived STATE APPLICATION 34• IDENTIFIER (SAl) C I A . - a,QAppIication b OWithout Comment d DUnfavorable State Number - . STATE WIDE County/ City County/ City County! City County/ City County/ City COL. nty/C 35.CLARINGHOUSE Ping Area Area Ping Area Ping Area Ping Area Ping Area IMPACT CODE DYesEJ110 L_ 1 . 1 .1 36. SThTE PLAN REQUIRED . 37. RECEIVING DATE mo ° 38. a SIGNATURE OF CH OFFICIAL AT. CLEARINGHOUSE 19 Q Yes No 38. FINAL CH ACTION DATE yr mo day • ITEMS 39.42 TO BE COMPLETED BY APPLICANT BEFORE SENDING FORM TO FEDERAL AGENCY aliansctfl.5 that tathe beet of hisknowIedge, and belief the above data are true end. . ,Check box if clearinghouse.- by the of thapIicanr andfilingotthi~xform hasbeen-dul*autilarizod governinbody :- . responseisattachod- . . 40. at4AME (Print orTyp.).7.77 . b-TITLE. : c SIGNATURE ofAuthorizecl.Repreeentative' .10EELEPHONE-NUM81 41 04TE MAILWTaFEDERALiSTATE. AGENCY yr, moa day.- - 42 NAME OF FEDERAL / STATE AGENCY - TOW+ICK THIS: APPtICATIONSUBMrrrED ....... ...-.. -.-- -.. .. . . . . ... . ..- .. . - . - ITEMS 43.54 70 BE COMPLETED BY FEDERAL OFFICE EVALUATING AND RECOMMENDING ACTION ON THE APPLICATION 43. GFANT APPLICATION ID (Aign.d by Federal Agency) 52. Application Rec'd. yr mo day 53.a Exp. Action Date yr mo day Always Complete. 53t, Ref toAapIc yr O • 19_ - - - 53.aORb - - . 44.GIANTORAGENCY R Amended Applic. Rev. Expected 54. Exp. Action R Sui,iuuanat V Received E V Action Date Revised As 0# E V Actolicart OFGANIZATIONAL UNIT 1 45. yr mo day I yr mo day yr mo day yr i.j p . S S S - 0 19 - 19 I '-' - - - 19. - - - 19 - 1 0 19 --79 46. AMINISTE RING OFFICE N N N S 19 s 19 ____..u 19 ___ s '9-- 47.ApDRE55 - Street or P. 0. Box 68. CITY - 49. STATE 50. ZIP CODE 71. TELEPI*ONENUM8ER ITEMS 55-65 TO BE COMPLETED BY THE FEDERAL OFFICE APPROVING THE GRANT APPLICATION jF INAL ACTION FINAL DATES yr mo day FUNDS AReA 0 VED [For Changes Show Only Amr. of Inc. (*1 or Dec. (-).J 19 - - 55. a 10 Awarded El Rejected C El 60. FEDERAL AMOUNT (F V_funds) I IS________________ b Withdrawn 56. F(INDS AVAILABLE 9 -_- 67. STATESFIARS 57. EIIDING DATE - 19_ _ 62. LOCAL SNARE 53.0THER ( IS 64. TOTAL (60.61. 62.63) j kg. 21, rRAL FUND ACCOUNT NUMBER . '.ULTILE POGRAMLIK . . . AGREEMENT THIS AGREEMENT is made this day of 1982; between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and WESTEC hereinafter referred to as CONSULTANT. DWC' Tm7 rQ WHEREAS, the city, hereinafter called the "Applicant", agrees to have prepared a full technical biological and archaeological report for property located approximately .5 miles north of Palomar Airport Road and .25 miles east of El Camino Real, and is more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the Consultant has the qualifications to pre- pare the required technical reports, and WHEREAS, it is understood that the Consultant shall be an independent contractor of the city; NOW, THEREFORE, in consideration of their mutual conve- nants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT Consultant shall prepare a full technical archaeological and full technical biological report for the subject project in accord with the California Environmental Quality Act as im- plemented by the State Guidelines and by City in Title 19 of the Carlsbad Municipal Code and its implementing reso- lutions. . . In carrying out this obligation, the Consultant's duties shall include the following: (a) The Consultant shall (1) make all necessary and required field explorations, review and tests; (2) make all necessary and required laboratory tests and analysis; (3) be prepared to appear and answer questions, if necessary at all public hearings be- fore the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the require- ments of this section. Before preparing the final reports, the Consultant shall submit five copies of preliminary reports to the Planning Director for staff review. The consultant shall revise the pre- liminary report as requested by staff in order to make it suitable for inclusion in a subsequent draft EIR. (b) Upon staff approval, the consultant shall submit 10 copies of the final reports to the Planning Director. (c) Consultant shall attempt to determine as soon as possible in his study of the area involved factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, they shall inform the Planning ) -2- S . Director The objective of this subsection of the agreement is to minimize future costs if these adverse factors exist. (d) The written reports shall be prepared in a form that will permit their attachment to a draft EIR. In the event, all finished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the city, become its property. (2) DUTIES OF THE CITY (a) The City will make payment to the Consultant as pro- vided for in this agreement. (b) The City will make available to the Consultant any do- cument, 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 written comments to the Consultant within this time period. (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. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assem- bled by the Consultant under this agreement shall not be ) -3- . . made available to any individual or organization by the Con- sultant without the prior written approval of the City. (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON- MENTAL IMPACT REPORTS AND OTHER MATERIAL All documents and materials prepared pursuant to this agree- ment are the property of the City. The City shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in 'part, any reports, data, or other materials prepared under this agreement. (6) PAYMENT The Consultant will be paid a maximum of $1825.00 dollars ($950.00 for a technical biological report and $875.00 for a technical archaeological report) for all work necessary to carry out the requirements of this agreement. The Consultant shall be paid 100 percent of the compensable services completed within fifteen days after receipt of his invoice for the acceptable completion of said reports. (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. 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 Reports within four weeks of the signing of this agreement by both concerned parties. -4- . 6 (8) LIMITS OF THE OBLIGATION The limits of the obligation of the city under this agree- ment is in the sum of $ 1,825.00 which amount is estimated to be sufficient to compensate the consultant for all services performed hereunder during the terms of this agree ment. In the event at any time it appears to the Consultant that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $ 1,825.00 with- out 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 indi- cate that a change in the conditions of the contract is war- ranted, the Consultant or the City may request a change in the contract. Such changes shall be processed by the City in the following manner. A letter outlining the required changes shall be forwarded to the City or Consultant 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 principal of the -5- 4 . S 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. (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 to property resulting from or arising out of or in any way connected with the performance by consultant of thiè agree- ment, including the defense of any action arising therefrom. Consultant will reimburse the City for all costs, expenses and losses incurred by it in consequence of any claims, de- mands and causes of action which may be brought against it by a person arising out of the performance by Consultant of this agreement. (11) MAINTAIN 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 Con- sultant 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 0 S 46 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 dam- age. The policy shall be written by a responsible company or companies to be approved by City, and shall be noncancel- able except on ten days' written notice to City. Such pol- icy shall name City as co-assured and a copy of such policy shall be filed with the City. - (12) INDEPENDENT CONTRACTOR Consultant in accordance with his status as an independent contractor, covenants and agrees that he will conduct him- self 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 compensa- tion coverage, unemployment insurance benefits, social se- curity coverage, or retirement membership credit. (13) ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part there- of 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 -7- I fl 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 Con- sultant and the City. The Consultant shall bind every sub- contractor 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. (15) PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approv- ing any architectural, engineering, inspection, construc- tion, or material supply contract or subcontract in connec- tion with the construction of the project, shall become dir- ectly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory or other similar func- tions 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 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 whatsoever under the terms of this contract. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. f-7 CITY OF CARLSBAD, a Municipal Corporation of the State of California By APPROVED TO ORM: VIZCENT F. BIONDO, JR. City Attorney AGREEMENT THIS AGREEMENT is made this day of 1982, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and WESTEC hereinafter referred to as CONSULTANT. DT'('Tm7t1- C WHEREAS, the city, hereinafter called the "Applicant", agrees to have prepared a full technical biological and archaeological report for property located approximately .5 miles north of Palomar Airport Road and .25 miles east of El Camino Real, and is more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the Consultant has the qualifications to pre- pare the required technical reports, and WHEREAS, it is understood that the Consultant shall be an independent contractor of the city; NOW, THEREFORE, in consideration of their mutual conve- nants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT Consultant shall prepare a full technical archaeological and full technical biological report for the subject project in accord with the California Environmental Quality Act as im- plemented by the State Guidelines and by City in Title 19 of the Carlsbad Municipal Code and its implementing reso- lutions. In carrying out this obligation, the Consultant's duties shall include the following: (a) The Consultant shall (1) make all necessary and required field explorations, review and tests; (2) make all necessary and required laboratory tests and analysis; (3) be prepared to appear and answer questions, if necessary at all public hearings be- fore the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the require- ments of this section. Before preparing the final reports, the Consultant shall submit five copies of preliminary reports to the Planning Director for staff review. The consultant shall revise the pre- liminary report as requested by staff in order to make it suitable for inclusion in a subsequent draft EIR. (b) Upon staff approval, the consultant shall submit 10 copies of the final reports to the Planning Director. (c) Consultant shall attempt to determine as soon as possible in his study of the area involved factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, they shall inform the Planning -2- Director The objective of this subsection of the agreement is to minimize future costs if these adverse factors exist. (d) The written reports shall be prepared in a form that will permit their attachment to a draft EIR. In the event, all finished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the city, become its property. (2) DUTIES OF THE CITY (a) The City will make payment to the Consultant as pro- vided for in this agreement. (b) The City will make available to the Consultant any do- cument, 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 written comments to the Consultant within this time period. (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. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assem- bled by the Consultant under this agreement shall not be -3- made available to any individual or organization by the Con- sultant without the prior written approval of the City. (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON- MENTAL IMPACT REPORTS AND OTHER MATERIAL All documents and materials prepared pursuant to this agree- ment are the property of the City. The City shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. (6) PAYMENT The Consultant will be paid a maximum of $1825.00 dollars ($950.00 for a technical biological report and $875.00 for a technical archaeological report) for all work necessary to carry out the requirements of this agreement. The Consultant shall be paid 100 percent of the compensable services completed within fifteen days after receipt of his invoice for the acceptable completion of said reports. (7) TIME OFCOMPLETION Time is of the essence in carrying out the terms of this agreement. 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 Reports within four weeks of the signing of this agreement by both concerned parties. -4- (8) LIMITS OF THE OBLIGATION The limits of the obligation of the city under this agree- ment is in the sum of $ 1,825.00 which amount is estimated to be sufficient to compensate the consultant for all services performed hereunder during the terms of this agree ment. In the event at any time it appears to the Consultant that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $ 1,825.00 with- out 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 indi- cate that a change in the conditions of the contract is war- ranted, the Consultant or the City may request a change in the contract. Such changes shall be processed by the City in the following manner. A letter outlining the required changes shall be forwarded to the City or Consultant 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 principal of the -5- 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. (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 to property resulting from or arising out of or in any way connected with the performance by consultant of this agree- ment, including the defense of any action arising therefrom. Consultant will reimburse the City for all costs, expenses and losses incurred by it in consequence of any claims, de- mands and causes of action which may be brought against it by a person arising out of the performance by Consultant of this agreement. (11) MAINTAIN 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 Con- sultant 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 dam- age. The policy shall be written by a responsible company or companies to be approved by City, and shall be noncancel- able except on ten days' written notice to City. Such pol- icy shall name City as co-assured and a copy of such policy shall be filed with the City. - (12) INDEPENDENT CONTRACTOR Consultant, in accordance with his status as an independent contractor, covenants and agrees that he will conduct him- self 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 compensa- tion coverage, unemployment insurance benefits, social se- curity coverage, or retirement membership credit. (13) ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part there- of 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 -7- 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 Con- sultant and the City. The Consultant shall bind every sub- contractor 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. (15) PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approv- ing any architectural, engineering, inspection, construc- tion, or material supply contract or subcontract in connec- tion with the construction of the project, shall become dir- ectly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory or other similar func- tions 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 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 whatsoever under the terms of this contract. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California By Be_- FRANK ALESHIRE, City Manager By Itk i1t CONSUL'ANT APP VED VT 7 TO FORM: VINCEWP F BIONDO, JR. City Attorfrney APPROVED AS TO FO Py ani S. énts e, Assistant WE . . AGREEMENT THIS AGREEMENT is made this day of / 1982, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and PBR (Phillips, Brandt, Reddick), hereinafter referred to as CONSULTANT. RECITALS WHEREAS, the city, and the County of San Diego have pro- posed a project, wherein the city agrees to prepare an Environ- mental Impact Report for the proposed project identified as a General Plan Amendment, Zone Change and the implementation of a City Operations Facility. The subject property is located north- east of the intersection of Palomar Airport Road and El Camino Real, and is more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the Consultant has the qualifications to pre- pare the required Environmental Impact Report; and WHEREAS, it is understood that the Consultant shall be an independent contractor of the city; NOW, THEREFORE, in consideration of their mutual conve- nants 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 Environ- mental 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 necessary and required field explorations, review and tests; (2) make all necessary and required laboratory tests and analysis; (3) appear and be prepared to answer questions and prepare 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 require- ments of this section. Before preparing the draft report, the Consultant shall submit five copies of a preliminary report (screen check EIR) to the Planning Director for staff review. The consultant shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. (b) Consultant shall prepare a draft report in compli- ance with the Work Program contained in Attachment 2 (unless otherwise stated in this agreement), at- tached hereto and made a part hereof and with applicable state law and city ordinances. The Con- sultant shall submit to city fifty copies (in 3 ring binders) plus a reproducible master of the draft EIR to the city. -2- I S (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 proposed project. If it appears that such fac- tors are present, he shall so inform the Planning Director who in turn will discuss with the appli- cant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. (d) Consultant shall prepare and file with the city a written response to all comments received subse- quent 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 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. (2) DUTIES OF THE CITY (a) The City will make payment to the Consultant as pro- vided for in this agreement. -3- . S (b) The City will make available to the Consultant any do- cument, 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 written 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 Environ- mental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. (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 re- quested by staff in order to make it suitable for draft EIR review. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assem- bled by the Consultant under this agreement shall not be made availableto any individual or organization by the con- sultant without the prior written approval of the city. -4- - - . S (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON- MENTAL IMPACT REPORTS AND OTHER MATERIALS All documents and materials prepared pursuant to this agree- ment are the property of the city. The city shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. (6) PAYMENT The Consultant will be paid a maximum of $11,380.00 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 2. The Consultant shall be paid ten percent of the compensable ser- vices within 15 days after receipt of an invoice indicating completion of the biological and archaeological surveys. Consultant shall be paid fifty percent of the compensable services completed within fifteen days after receipt of his invoice for the completion of the draft Environmental Impact Report in accordance with Paragraph 1 above. The Consultant will be paid twenty-five percent upon acceptance by the city of the response to comments from the Consultant, the final fifteen percent will be paid 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. -5- S S (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather con- ditions may delay the completion of field work. The Consul- tant will be allowed as many additional days as are nec- essary 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 six weeks of the signing of this agreement by both concerned parties. The consultant shall submit to the city fifty copies of the draft Environmental Impact Report within ten working days of the completed staff reviewof the Preliminary Environmental Impact Report. (8) LIMITS OF THE OBLIGATION The limits of the obligation of the city under this agree- ment is in the sum of $ 11,380.00 which amount is estimated to be sufficient to compensate the consultant for all services performed hereunder during the terms of this agree ment. In the event at any time it appears to the Consultant that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $ 11,380.00 with- out 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 mdi- . cate that a change in the conditions of the contract is war- ranted, the Consultant or the City may request a change in the contract. Such changes shall be processed by the City in the following manner. A letter outlining the required changes shall be forwarded to the City or Consultant 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 principal 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. (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 to property resulting from or arising out of or in any way connected with the performance by consultant of this agree- -7- . ment, including the defense of any action arising therefrom. Consultant will rei] nburse the City for all costs, expenses and losses incurred by it in consequence of any claims, de- mands and causes of action which may be brought against it by a person arising out of the performance by Consultant of this agreement. (11) MAINTAIN 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 Con- sultant 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 dam- age. The policy shall, be written by a responsible company or companies to be approved by City, and shall be noncancel- able except on ten days' written notice to City. Such pol- icy shall name City as co-assured and a copy of such policy shall be filed with the City. (12) INDEPENDENT CONTRACTOR Consultant in accordance with his status as an independent contractor, covenants and agrees that he will conduct him- . . self 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 compensa- tion coverage, unemployment insurance benefits, social se- curity coverage, or retirement membership credit. (13) ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part there- of 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 Con- sultant and the City. The Consultant shall bind every sub- contractor 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. . . . (15) PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approv- ing any architectural, engineering, inspection, construc- tion, or material supply contract or subcontract in connec- tion with the construction of the project, shall become dir- ectly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory or other similar func- tions 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 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 whatsoever under the terms of this contract. -10- - ----.-. I 10 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California By_ FRANK ALESHIRE, City Manager -11- To 1200 f LM AVENUE CARLSBAD, CALIFORNIA 92008' / r DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438.5525 El Engineering Department (714) 438-5541 o Housing & Redevelopment Department (714)438-5611 PIanning Department (714) 438.5591 January 8, 1982 Ann Nussbaum WESTEC 3211 Fifth Avenue San Diego, California 92123 RE: BIOLOGICAL AND ARCHAEOLOGY BID, CITY OPERATIONS FACILITY 25+ ACRES The city has accepted your bid to complete the full archae- ological technical report ($875.00) and full technical biological report ($950.00) for the city's operation facility. Please con- sider this letter as an authorization to proceed. We will mail you our standard agreement form as soon as possible. Should you have any questions please feel free to call Charles Grimm of the Planning Department at (714) 438-5591. Sincerely, 1*_~~~O~~~~ RONALD A. BECKMAN Assistant City Manager/Developmental Services RAB:CG:ar r I fl (Th' PHILLIPS BRANDT REDDICK January 6, 1982 Mr. Charles Grimm Planning Department 1200 Elm Avenue Carlsbad, California 92008 Dear Charlie: As requested, PBR provides the following fee proposal for biological services on a 26-acre site in the vicinity of Palomar Airport: Fee Product $600 Field survey and letter which identifies sensitive species. $1700 Field survey and report suitable for inclusion in an EIR. The fee proposal for the requested archaeological services follows: $480 $900 Field survey and a letter with a statement of findings. Field survey and report suitable for inclusion in an EIR. Please call me if you have any questions. Si ncerely, ail MacLeod Project Director .CITY 'F CAR. 9AD it PLANNING ARCHITECTURE . LANDSCAPE ARCHITECTURE. ENVIRONMENTAL RESEARCH 8950 VILLA LA JOLLA DRIVE, SUITE 2142• LA JOLLA, CA 92037 (714) 452-5557 CALIFORNIA COLORADO HAWAII S . DATE: January 5, 1982 TO: Ron Beckman, Assistant City Manager FROM: Charles Grim, Associate Planner SUBJECT: ENVIRONMENT2L BIDS (BIOLOGY & ARCHAEOLOGY) CITY MAINTENANCE FACILTY Listed below are the bids we have received orally for the biological and archaeological work to be done on the site. The field (letter) surveys will tell us what we want to know. The full technical reports would satisfy the requirements of the EIR. I am expecting written conformation tomorrow. Biology Letter Report Full Technical Archaeology Letter Report Full Technical WESTEC $450 $ 950 $270 $ 875 PBR 600 1700 480 * 7 PECON 796 1462 975 1098 If you have any questions please call me at 5591. CG : ar cc: James Hagalnan Michael Holniller PçTVI) • '• - OF L. DeveopmecIa . S MEMORANDUM TO: Planning Director FROM: Assistant City Manager/Developmental Services DATE: January 4, 1982 SUBJECT: ENVIRONMENTAL REVIEW - PROPOSED CITY OPERATIONS CENTER This is to confirm an oral conversation held with your staff on December 30, 1981. Please proceed immediately to obtain environmental consultants to perform logical field checks on the proposed the essence. Upon the completion of should immediately convey the prelim that necessary decisions can be made property. proposals from qualified both archeological and bio- palomar site. Time is of field checks, the consultant mary findings to the City so regarding the purchase of the RAB/cle cc: City Manager Mike Holzmiller, Planning Dept. häF1Té Grimm, Planning Dept,,. 'I WL 'TEC Services, Inc. 3211 Fifth Avenue San Diego, CA 92103 (714) 294-9770 *%NVN 81-700-E January 4, 1982 Mr. Charles Grinlrp City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, CA 92008 Subject: Projosal for Archaeological and Biological Surveys. Dear Charlie: This letter will serve to confirm our telephone conversation of January 4, 1982. WESTEC Services is pleased to submit this proposal to provide archaeological and biological consulting services to the City of Carlsbad for the approximately 25-acre parcel located north of Palomar Airport Road and east of El Camino Real. In response to your request, we have provided estimates for full surveys, record searches and preparation of both letter reports and full technical appendices. We anticipate that the final report (in either letter or appendix form) could be provided within 3 weeks after authorization to proceed and a map indicating the property boundaries are received. A verbal indication of site resources could be provided within 2 weeks. Our cost estimates for the services are as follows: Archaeology Survey, Record Search and letter report $275.00 Survey, Record Search and full technical appendix $875.00 Biology Survey and letter report $450.00 Survey and full technical appendix $950.00 7 S 0 I If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, .J 4 Ann M. Nussbaum Manager, San Diego Environmental Services AMN:evn Authori tion of91fep_- - - c/. Frank A. Kingery Date Oj . I WESTEC Services, Inc. 3211 Fifth Avenue San Diego, CA 92103 (714) 294.9770 Jfl L 198 CITY OF CARl BAD Planr I )ep' it 81-700-E January 4, 1982 Mr. Charles Grimm City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, CA 92008 Subject: Proposal for Archaeological and Biological Surveys. Dear Charlie: This letter will serve to confirm our telephone conversation of January 4, 1982. WESTEC Services is pleased to submit this proposal to provide archaeological and biological consulting services to the City of Carlsbad for the approximately 25-acre parcel located north of Palomar Airport Road and east of El Camino Real. In response to your request, we have provided estimates for full surveys, record searches and preparation of both letter reports and full technical appendices. We anticipate that the final report (in either letter or appendix form) could be provided within 3 weeks after authorization to proceed and a map indicating the property boundaries are received. A verbal indication of site resources could be provided within 2 weeks. Our cost estimates for the services are as follows: Archaeology Survey, Record Search and letter report $275.00 Survey, Record Search and full technical appendix $875.00 Biology Survey and letter report $450.00 Survey and full technical appendix $950.00 PT0 DATE I 9J 5 H FROM TC R LEPHONE NO.—OR OPER. M N OF Oi 1JC\ _? III?QAL, EXTENSION # ___________________ E I g w tf' Lc M\\ M - - SIGNED 0 Phoned Call Returned Wants To ri Will Call 1] Was fl See L_J L_J Back L Call See You Again L_.J In U Operator L._J AICO FORM NO. 50-176 . L7-1 -S - - . 0 If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, Ann M. Nussbaum Manager, San Diego Environmental Services AMN:evn Authorization ofe—, January 4, 1982 Frank A. Kingery Date NV11W 6 . RECON Regional Environmental Consultants 1094 Cudahy Place, Suite 204, Sari Diego, CA 92110 (714) 275-3732 January 4, 1982 Mr. Charles Grimm Environmental Coordinator City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, California 92008 Reference: Environmental Work for the City of Carlsbad Police and Fire Parcel (RECON No. 81-184A) Dear Mr. Grimm: In response to your telephone call of December 28, 1981, RECON is please to submit the following proposal for environmental services to assist you in your planning process. More specifically, RECON pro- poses to conduct a biological and archaeological resource survey for the 25-acre parcel located adjacent to the trash shreder on El Camino Real in Carlsbad. The scope of work for the archaeology study includes an on-foot survey of the property to locate any cultural resources, record searches from two institutions for known cultural resources in the vicinity and a report of findings. The biological study will include an on-foot survey of the property by a zoologist and botanist to idenity any sensitive plant or animal species and a report of findings. Two options are presented regarding the level of detail for the report. One approach is a brief letter for each topic describing the salient points of the survey. The second approach would be the pre- paration of technical reports which could be Utilized in the prepara- tion of an environmental impact report for a subsequent project on the property. Each option represents differenct levels of costs which are itemized below. The total cost of labor for the letter report is $1,771.00 while the preparation of technical reports would cost $2,551.00. Expenses such as printing and record searches are additional and typically range between 5 to ten percent of the labor fee. Letter Report Technical Report Archaeological Resources $ 975.00 $1,089.00 Biological Resouces 796.00 1 ,462.00 Total $1,771.00 $2,551.00 Sincerely, Kim B. Howl Environment S I Mr. Charles Grimm -2- January 4, 1981 It is our understanding that the City of Carlsbad wishes to accomplish these surveys in the least amount of time possible. To that end, RECON proposes to conduct the survey and prepare either form of report within one week of the notice to proceed. Should you have any questions regarding the scope of work or fee, please do not hesitate to call. RECON looks forward to the opportu- nity of working with the City of Carlsbad on this project. KBH:sdp . MEMORANDUM DATE: December 30, 1981 TO: Frank Aleshire, City Manager FROM: Michael Holzmiller, Principal Planner W40 SUBJECT: Rezone of County Property, East of El Camino Real As a condition of its sale to the city of the 26.5 acres east of El Camino Real, the County of San Diego has requested that the city rezone the balance of the county property to industrial. In order to accomplish this, it would be necessary to process an EIR, General Plan Amendment and Zone Change. The cost to the city for preparing and processing an EIR could be as high as $20,000. Additional application fees would be $720 for the Gen- eral Plan Amendment and $500 for the Zone Change. Because of the need for an EIR, it is not possible from a timing standpoint to schedule the General Plan Amendment for the next regularly scheduled amendment hearing in June, 1982. Therefore, unless the City Council wishes to utilize it's one "floating" General Plan Amendment hearing for 1982, the earliest date for a hearing would be November which is when the second, regularly scheduled General Plan Amendment hearing is to be held. Should the Council wish to utilize its "floating" amendment hearing and work commenced as soon as possible on the preparation of an EIR, we could probably schedule an earlier hearing for the amendment and zone change in August, 1982. MJH:rh cc: James Hagaman, Planning Director Ron Beckman, ACM/Development . S iv * Jtl14 d /vYe1O Qi MEMORANDUM DATE: December 29, 1981 TO: Ron Beckman, City Manager FROM: Charles Grimm, Associate Planner t SUBJECT: Environmental Review Proposed City Maintenance Facility As requested, I have checked the proposed 25 acre site for possi- ble environmental impacts and have concluded that an EIR is necessary for the site. A field check of the site indicated potentially significant impacts in the following areas: 1) traffic- affects of access and increased trips on El Camino Real and the intersection at Palomar Airport Road (with El Camino Real). 2) archaeology- checked EIRS from several surrounding pro- jects and concluded that there is good chance archeo- logical sites occur on the property. 3) biology— much of the site is still in its natural state. 4) grading— depends on the extent, grading could have an effect on stream habitats just to the east of the property. Based on your authorization, we have contacted several consul- tants regarding an archaeological survey and records search. The city may also find it beneficial to have a biological survey done before we purchase the property. I would estimate that an EIR for the site would cost the city somewhere between $9000 and $14,000 and would take approximately six months 'Co process. We are prepared to begin processing of this EIR at your direction. I will be happy to answer any other questions you may have regarding environmental review of this project. CG: rh cc: Frank Aleshire James Hagaman Michael Holzmiller I Ii /1 f (Th U U1 I U PHILLIPS BRANDT REDDICK December 31, 1981 Mr. Charles Grimm Planning Department 1200 Elm Avenue Carlsbad, California 92008 Dear Charlie: This letter is in response to your request for archaeological services. I understand the 26 acre site is in the vicinity of Palomar Airport. The fee for providing a record search and walk-over by a qualified archaeologist is $480. Please advise me as to when you need these services. Be aware that a record search can require up to two weeks. Respectfully submitted,. 10 Gail MacLeod Project Director ,j . i98a CITY CAR 3AD Plan , sn' it PLANNING ARCHITECTURE. LANDSCAPE ARCHITECTURE. ENVIRONMENTAL RESEARCH 8950 VILLA LA JOLLA DRIVE, SUITE 2142. LA JOLLA, CA 92037 (714) 452-5557 CALIFORNIA COLORADO HAWAII CASE NO.: EIR 82-1 APPLICANT: CITY OF CARLSBAD REQUEST: City of Operations Facility ENVIRONMENTAL EXEMPT OR EXCEP'IED:___________________________ Posted: Compliance: Filed: Filed: NEGATIVE DECLARATION: Posted: Published: of Determination:________ Notice of Notice of Notice of Preparaiion: 5- / - Completion: 7-_3_) - Determination:_________ 82_ PLANNThIGCOMMISSION 1. Date of Hearing: J - 7 42 2. Publication:/ L) _I (I' 3. Notice to Property Owners:j 4. Resolution No. ) O'-IS (Continued to:________________ 5. Appeal: Date: / ()_._. ACTION:__________ CITY COUNCIL 1. Date of Hearing: 2. Notices to City Clerk*.''/ ('j_.... _S . 3 Aqenda Bill: ' L/9 4. Resolutiono ACTION:_______ 5. Orllnance No __________________________ Date: C)RESPONDENCL Staff Report to Applicant.- - - -- - - Resolution to Applicant: