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HomeMy WebLinkAbout1977-11-01; City Council; Resolution 5248. \\ I L 2 4 F t 7 I s IC 11 12 12 14 15 1E 17 1E 19 20 21 22 23 24 25 26 27 28 e RESOLUTION NO. 5248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND URBAN PROJECTS, INC., FOR CONSULTING SERVICES TO PROVIDE AN ENVIRONMENTAL IMPACT REPORT ON THE JAPATUL BUSINESS CENTER SPECIFIC PLAN. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Urban Projects, Inc. for consulting services to provide an Environmental Impact Report on the Japatul Business Center Specific Plan, a copy of which is attached hereto marked Exhibit "A" and made a 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 1st day of November , 1977 by the following vote, to wit: AYES : Councilmen Lewis and Packard, and Councilwoman Casler NOES : Councilman Skotni cki ABSTAINED: Councilman Frazee ROBERT C. FRAZEE, May ATTEST : (SEAL) 1 2 .3 4 5 E 'i E E I.( 13 1: 1: 11 l! 14 1' 11 3' 21 -- 2: 21 2 2 2 2 2 2 I. i f a 0 EXHIBIT "A" TO RESOLUTION NO. 5248 Y .* t AGREEMENT THIS AGREEMENT made and entered into this 1st day of Ivember division of the State of California, hereinafter referred to as , 1977, Between the City of Carlsbad, a political sub- the City and Urban Projects, Inc., hereinafter referred to as the "Consultant" : . WITNESSETH WHEREAS, the City has entered into an Agreement with Japatul Corporation, hereinafter called the "Applicant", wherein the City agrees to provide an environmental impact report for the proposed project identified as Japatul Business Center Specific Plan, which lies in the area west of El Camino Real between Kelly Drive and Palomar Airport Road and pore precisely sh,own on the plat attached hereto as Exhibit "A", and WHEREAS, the Consultant has the qualifications to prepare the required Environmental Impact Report; and 0 WHEREAS, the Consultant represents that neither he nor any member of his staff has performed afiy work on the proposed project has no understanding with the applicant or any expectation of 1 working for the applicant in the future on said project and has not been employed by the applicant upon any project within two (2) years last past; and * Y + 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 fo'llows: (1) DUTIES OF THE CONSULTANT I a) The Consultant shall (1) make all required field 3 2 5 '% 4 c t r 1 E E 1C 12 . 14 1E 1E . 1s 2c :- 21 22 i ! 23 24 25 26 27 28 explorations,, review, and tests; (2) make all required laboratory tests and anlysis; (3) appear and be pre- pared to answer questions and present testimony on the c final Environmental Impact Report at two public hearings before the Planning Commission or the City Council prior to the adoption of the report of each of such bodies; and (4) make all reports necessary to comply with the re- * quirements of this Section. The consultant shall submit five copies of a preliminary report to the Planning Director for staff review. The Preliminary Report shall be prepared in compiiance with the Work Program attached hereto as Exhibit "B" . The consultant shall revise the Preliminary Report as requested by staff i'n order to make it suitable for draft EIR review. The consultant shall submit 30 copies plus a reproducible master of the draft EIR to the City. e (b) The Consultant shall attempt.to determine as soon as possible in his study of the area involved, thpse factors which could,severely inhibit or prohibit the proposed project. 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 If it,appears that such factors are c subsection of the agreement is to minimize the costs if such adverse factors exist. (c) The City shall have primary responsibility for prep- aration of the final Environmental Impact Report incorp- orating into said report all comments made by interested .2 1 '1 0 0 Y citizens and agencies on the Draft Report. The City may request technical assistance from the consultant in res- ponding to comments on the draft EIR. - (2) DUTIES QF THE CITY (a) provided for in this agreement. (b) document, studies, or other information in its possession related to the proposed project. (c) The City will review the Preliminary Report present- ed by the Consultant within fourteen (14) working da>-s of their receipt and make written comments to the Consultant The City will make payment to the Consultant as THe City will make available to the Consultant any 1: 1: . 14 If It . 1: LE ' 1: 2c :-- 21 22 i 22 24 25 26 27 28 within this time period. (a) 'The City shall provide the consultant with copies 0: 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 avail- able for public review. i (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 (15) days before the effective date of such termination. finished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the City, become its property. * In that event, all (4) RELEASE OF INFORMATION BY CONSULTANT I Any reports, information or other data, prepared or .3 1 2 '3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 . 19 20 -- 21 ' 22 23 24 i ! 25 26 27 28 assembled by the Consultant under this agreement shall not be made - available to any individual or orgqnization by the Consultant without the prior written approval of the City. . (5) PUBLICATION, REPRODUCTION AND USE OF ENVIRONMENTAL IMPAC? REPORT ' S AND OTHER MATERIAL The City shall have 'the unrestricted authority to publish, disclosg, distribute and otherwise use in whole or in part, any reports, data, or other materials prepared under this agreement. 16) PAYMENT The Consultant will be paid a lymp sum of $22,500.00 dollars for work necessary to carry out the requirements of this agreement. The Consultant shall be paid sixty (60) percent of the above fee within fifteen (15) days after receipt of his invoice for the completion of the draft Environmental Impact Report in accordance with Paragraph 1-a above. The Consultant will be paid the remaining fgrty (40) percent withir thirty (30) days after receipt of his invoice, to be submitted after the certification of the Environmental Impact Report by the final decision making body. (7) TIME OF COMPLETION .I 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. allowed as may additional days as are necessary to compensate for days lost due to inclement weather. The Consultant shall submit to the City, five (5) copies of the Preliminary Environmental The Consultant will be , Impact Report by January 13, 1978. He shall submit to the City-, .4 e Y Thirty (30) copies of 't.he ..-I ?draft Environme,ntal Impact Report by February 10, 1978. (8) HOLD HARMLESS AND INSURANCE The Consultant will idemnify the City against and hold tt harmless from all and any liability for damages on account of injury to persons or damage to property resulting from or arising )ut of or in any hay connected with the negligent performance or ailful misconduct by Consultant of the Agreement and reimburse the Zity of all costs, expenses and loss incurred by it in consequent Df an; claims, demands and causes of action which may be brought against it by a person other Vhan the City arising out of the negligent, alleged negligent performance or wilful misconduct by Consultant of this Agreement. harmless provision shall not apply to any claims, demanzs, costs, expenses (including costs of defense), liability, causes of actior or judgement which occur by reason of the negligence, 0 negligence, or wilful misconduct of the City or the City's agents, servants, or other independent contractors who are directly t responsible to the City. The Consultants shall furnish the City with a Certificate of an insurance with the limits of at least ' $100,000 for bodily,injuries on each occurence. xxx It is understood that.this hold alleged w xxx - .. , -. xxx xxx xxx xxx xxx ' .5 1 2 3 4 G u E 7 E 9 ZC s 11 12 12 14 1E 16 17 le 19 20 _- 21 22 23 24 25 26 27 28 i :Y IN WITNESS WHEREOF, the parties hereto have caused this . .- agreement to be executed as of the date and year first above writ ten. CONSULTANT BY TITLE: . _r . ., , . .6 ! I/ i I t , 0 ., A. STUDY PLAN '. .. Program Description and' Basic Approach -. Urban Projects, tnc. and other team members propose to assume responsibiIity for preparation of a Draft and a Final EIR for the proposed Japatul Business Center Specific Plan. We understand the complexity of the project and the mu1 ti-agency review process which wilf be necessary. the law (CEQA as amended January 1, 1977, and Title 19 of the Carisbad Municipal Code) are also familiar to us. Our basic approach to this. assignment involves the following factors: The requirements of o Organization of a compact core team of senior professionals with .'appropriate skills and experience to assure credibility; o Commit,ment of a senior corporate officer as the working project manager to maintain qual ity and time1 iness of work; o Liaison with designated repr'esentatives of all Responsible Agencies to assure revi'ew and format consistencies; and o Presentation of reports in a manner which facilitates public review and u.nders tand i ng . - - Roles of Contractor and Staff We-propose to act as project manager subject: to overall review by the City's suggests that a minimum participation by City staff be programmed. However, 8 if more staff is available, the work program can be adjusted accordingly. . designated representative. Our understanding of current staff worklcads .. i Contractor Role and Responsible Agencies *The importance of establ ish'ing and maintaining necessary coordination with the several Responsible Agencies requires a clear statement of the relstion- ship between the City, the Contractor and the Agencies. We propose that the City's representatrve establ ish- a 1 ist of 'Agepcy contact representatives for use by the Consultant Team. In addition. we request. that he participate in the Agency Review Panel as defined in the subsequent section on \ork Tasks. ., i ,.- .. . .. . 4 Work Tasks 8 The proposed work program will include the following tasks: . Task 1: Program Organization An orientation meeting of the core team and the City's representative will define the work program and schedule. items will be published. Task 2: Data Review and Validation The applicant's envi ronmental analyses will be thoroughly reviewed by the core team for accuracy and completeness. Simultaneously, a s,earch effort will seek other background information relevant to the project. A work memo assessing status of the data and describing errors and/or omissions will be published. A working memo describing these Task 3: Agency Review Panel Meeting Responsible Agency representatives, as designated by the City's representa- tive, will be invited to meet with the core team to review format and schedule recommendations for processing of the Draft EIR, A work memo defining format and process schedule will be published. - .. . Task 4: Development of Draft Environmental fmpact Report The Draft EIR will contain a brief summary of the prcposed project and its consequences in language sufficiently simple thar the issues can be undet- stood by the general public. The information contained in the Draft EIR wi 11 include summarized technical data, maps, plans, diagrams, and similar . re7evant information sufficient to permit full assessment of signif icaijt environmental impacts. Highly technical data and specialized analysis and data will be included as appendices. The Draft EIR will follow a systematic, interdisciplinary approach, Individ- uals with special expertise in given areas (e.g., traffic, service systems, etc.) will be fully utilized. fn addition, UP1 can draw on the expertise archaeology, and air qual i ty. -We have established closesties with experts / i t of individuals or organizations who wdrk in technical fields such as geology, - in a variety of these specialized fields. The Draft EIR will discuss environmental effects in proportion to their scvcri ty and probabi 1 i ty of occurrence. . indicating the reasons for determining the various effects of the project that could possibly be considered significant, were not found to be signi- ficant, and consequently were not discussed in detail in .the EIR. It wi I I contain a statement briefl-y -* \. . i t - .. I -2- .. b .. 0. C. Y Task 5: A complete preliminary 'draft.-rLport will be delivered to the City for review and comment. Fublication OF Preliminary Draft - EIR Task 6: 'Publication of Draft EIR - .The preliminary drsf t wi 11 be revised to incorporate City comments and published for delivery. Task 7: Public Hearings and Response to Comments .The core teaniwill appear at two public hearings on the Draft EIR. be negotiated.) (If . additional meetings are required by the City, a contract change order will . Following receipt of comments to the circulated Draft EIR, the City will . deliver them to the Contractor for written response and inclusion in the Final EIR. Task 8: Publication of Final- EIR * After completion of response to comments and City acceptance, the.Fina1 EIR will be published and delivered to the City. - ... - I. . .. .. ._ - I *. '* ._. *u .: . *. -4 - 3- . 0 c. P .- t B. TECHIJ I CAL APPROACH \ .+ As implied in the previous section, our basic approach to this assignment Recognition that 'substantial environmental data about the project has been prepared and is readily available for validation; ' o Utilization of strong expecience in large industrial/commercial . includes.: o .. . planned development projects; and An unbiased perspective' of the environmental situation, o . We have carefully reviewed the existing data and believe that much of it - can be utilized for the draft EIR after screening and validation by the Consultant Team. The objective of our technical approach is the preparation of compreh, ens ive but clear reporting of environmenta,l impacts in a format which is readable and understandable by all interested parties. -. .. . .... .- .. .. ._ .. . .. .. .< .. 'f .. .. .. . -. .. .. .. ,. ' ,., , I' ,. ! .. w '. .. -4- , .. '. .- m . 'e .. 4 c .r C. SCHEDULE AND COSTS .r I. \ - Prpgram Schedule . The team organization and work program have been developed to permit an efficient and comprehensive .effort which cs.n produce the Draft EIR within 'eight to ten weeks. or other need for primary, research wi 11 be necessary.) by work task, is shown below: (This schedule presumes that no major data gaps, errors, A complete schedule, , Task 1: Program Organization Task 2: Data Review 'd Val ida,tion Task 3:' Agency Review Panel fleeting Task 4: Development of Draft EIR Task 5: Pub1 ication of Prel iniinary Draft EIR Task 6: Publication of Draft EIR Task 7: Public.Hearings Weeks Elapsed , 2 D I Task 8: Publication of Final EIR .El .. Budget Requirements and Fee Proposal \.le propose to negotiate a fixed fee contract based upon a finalized work described in the following section. .. program' and schedule. . is $22,500. Current budget requirement for the proposed program . -. This fee i-ncludes all costs for meetings and publications i .P rog ram P roduc t s The work program will produce-: - .. 8 o . Work memos following Tasks 1 and 2 which describe refined work ! i tasks, schedule, and assessment OF environmental data; 0" .o 0 .. Preliminary Draft Elk for City review (10 copies); Draft EIR (20 copies); and' .. Final EIR (20 copies). .. ... .. '. D. PROG RAM MANAC EM ENT Y _.e , .- t - Consistent 'with the basic phi fosophy of UPI, the management system for this work program will focus on a tightly controlled process involving key representatives of the City of Carlsbad and the Consultant Team. We believe that the continued involvement and direct participation of such .principals can expedite communication and avoid numerous minor problems which are endemic to more loosely organized programs. will base its management of the work program.effort upon the covmitment of a senior principal of the firm who wi'll also serve as project manager. The second major featui-e of the management approach involves written documentation of work status and progress. Memos will be employed to assure full communication among all invoIved participants and to identify work prog'ram problems and their expected resolution. Therefore, UP1 A series of regular Working - . Third, and most important feature of the management system, is a suggested Review Panel. Said Panel would consikt of the City's designated project liaison, the Consultsnt'Team leader, and representatives for the various "responsible agencies" staffs, as appropriate. a representative from the applicant be made available to the Panel for communication purposes. The .sum of these and other features of the proposed management system wi 11 be a carefully organized and monitored work program which wi 11 efficiently .- and effectively produce a useful environmental document which fulfills the statute requirements and the public purpose. It is also suggzsted that .. .- . . . .i .. .. t .. ., ; .+ '. 0. c b e. E. PERSONNEL -1 ..- i. . -* I Personnel Organization Chart As described on the following page, the Consultant Team structure defines the organization of the assigned staff' and the leadership responsibi I i ty. R. Dale Beland, AIA, AIP, will serve as project manager and corporate officer in charge. He will be assiSted by .M. Kay Beye! and Paul R. Secord as project professionals. - Mr. kogers and Mr. Sn'ow, senior officers of UP1 and experienced commercial/ *- industrial management arrd development consuItants,will serve as technical advisors to the Team. Basic subcontractors will include Psomas & Associates, civil engineers, and JHK E Associates, transportation planners and engineers. Other special expertis'k will be available as required from a group of specialists VJith whom .the Team has worked in past ass.ignmen ts. These have included: .. Dr. Hal Eberhardt - Archaeology Dr. James Hendrickson - Flora/Fauna Aerovironment fnc. - Air Qual i ty Dr. Ta-Liang Teng. - Seismology - .. . Dr. Raymond Wurphy - Geology .. Manpower A1 I oca t i on Summa ry -. The proposed work program will involve a level of effort estimated at 125 man-days for preparation of the draft document and additional eff0r.t I. based upon response to comments and public presentations. Commitment of key personnel to the work program is estimated as follows: *. Beland - 50% L r- .I .. Beyer - . 90% w .. . Secord - 30% . Van Riper,- 30% ; .. / c Austin - . 30% Support staff - as required c Logistics and Material UP1 and other members of tfie Consultant Team area. \le currently serve clients within the 8- .. ,I . . .. I' .. are based in the Los Angeles region of Ventura, tos Angeles, * '1 \ .. . :program Management R. Dale Beland, A.I.A., A.I.P. Senior Vice President PERSONNEL ORGAN I ZAT I,~N > I -- .. 9 1 SPECIAL ADVISORS {as needed) I - Dr. Hal Eberhardt Dr. James Hendrickson Dr. Ta-Liang Teng Dr. Raymond Murphy * et. al. . - .. . .. .' .. oi .I .. .. .. z .. ._. ! ,. .. ., .. .. .. . .. .. ... .. .. .. .. .. .* ' . -. i r .. '6 .. .. .. ! .. _- c .. .. .. .. ... / . I. . -' . \. . '. " , 9. b a .I C Riverside, Orange, and San Diego Counties as well as more distant areas. \le are accustomed to mobile, efficient work programs. .' -i - our off ices in 1ks tood. and Carson accommodate our s tsf f of 20 profess iona? s complete with all necessary support servizes. We anticipate no difficulties in this implementation of the proposed. work program. .. .. I .. .I .. . , - _- I .. .. . .. . i ,. . - i .. .. . ..._... . .. . .. . ,. .. *' . . . .. .. u \. -. . -9- , .. .' I.