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HomeMy WebLinkAbout1977-12-20; City Council; Resolution 5277RESOLUTION NO. 5277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING RESOLUTION NO. 5248 AND APPROVING A NEW 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 (SP-180) WHEREAS, 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 an on behalf of the City of Carlsbad. 3. That Resolution No. 5248 with attached agreement is hereby rescinded and replaced by this Resolution and agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 20th day of December, 1977 by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Counci 1 woman Cas1 er ABSENT : None ABSTAINED: ATTEST : K&c$- ROBERT C. FRAZEE, Mayod I. .. 3 2 z 4 c: * e 7 € S 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO, 5277 Q AGREEMENT THIS AGREEMENT made and entered into this 20thday of December 1977, between the City of Carlsbad, a political subdivision of the State of California, hereinafter referred to as the City and Urban Projects, Inc., hereinafter referred to as the "Consultant": WITNESSETH WHEFEAS, 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 Bafomar Airport Road and more precisely shown on the plat attached hereto as Exhibit ''A", and .. ,- WHEREAS, the Consultant has the qualifications to prepare the requirdEnvironmenta1 Impact Report; and WHEmAS, The Consultant represents that neither he nor his firm has performed any work on the proposed project, has no under- standing with the applicant or any expectation of 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 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 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 (1) DUTIES OF THE' CONSULTANT a) The Consultant shall (1) make all required field explorations, review, and tests; (2) make all required laboratory tests and analysis; (3) appear and be pre- pared to answer questions and present testimony on the 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 requirements of this Section. The Consultant shall sub- mit five copies of a preliminary report to the Planning Director for staff review. The Preliminary Report shall be prepared in compliance with the Work Program attached hereto as Exhibit "B" The Consultant shall revise the Preliminary Report as requested by staff in 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. (b) The Consultant shall attempt to determine as soon as possible in his study of the area involwed, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, he shall so informihe 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 such adverse factors exist. 1 2 3 4 5 6 7 E s 1c 13 12 12 14 If 3.t 1' 11 l! 2( 2: 21 2: 21 21 21 2' 21 (3) e preparation of the final Environmental Impact Report incorporating into said report all comments made by interested citizens and agencies on the Draft Report. The City may request technical assistance from the Consultant in responding to comments on the draft EIR. DUTIES OF THE CITY (a) provided for in this agreement, (b) The City will make available to the Consultant any documentp studies, or other information in its possess- ion related to the proposed project. (c) ed by the Consultant within fourteen (14) working days of their receipt and make written comments-to the Consultant within this time period. (d) The City will make payment to the Consultant as The City will review the Preliminary Report present- 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. 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. In that event, all finished or unfinished documents and other materials prepared pur- suant to this agreement shall, at the option of the City, become its property. -3 *. 1 2 3 4 5 6 7 a 9 10 XI 12 13 14 15 16 17 11! 19 20 21 2% 22 24 25 26 27 28 In the event of termsnation, the C ty will pay Consul- tant for all work completed to the effective date of such termin- ation, based upon Consultant's regular hourly rates and cost of materials. (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 with- out the prior written approval of the City. (5) PUBLICATION, REPRODUCTION AND USE OF ENVIRONMENTAL IMPACT -REPORTS AND OTHER MATERIAL 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 total sum of $22,500.00 dollars for work necessary to carry out the requirements of this agreement. above fee within fifteen (15) days after receipt of his invoice upon City acceptance of a progress report due within four (4) weeks of contract execution. The Consultant shall be paid an additional thirty (30) percent of the above fee within fifteen (15) The Consultant shall be paid thirty(3Q) percent of the days after receipt of his invoice for the completion of the draft Environmental Impact Report in accordance with Paragraph l-a above, The Consultant shall be paid twenty (20) percent of the above fee within fifteen (15) days after receipt of his invoice upon sub- mission of the Final Environmental Impact Report to public hearing, The Consultant will be paid the remaining twenty (20)percent within .. 4 I; Y E 7 E s JC 3.1 12 12 34 1E 19 20 23. 22 24 25 26 27 28 c 6 thirty (30) days after receipt of his invoice to be submitted after the certification of the Environmental Impact Report by the City Council. (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this It is understood that inclement weather conditions may agreement, delay the completion of field work, as many additional days as are necessary to compensate for days The Consultant will be allowed lost due to inclement weather. The Consultant will also be allowed additional time for delays resulting from Applicant, interagency and City actions or inactions which affect the Consultant's pro- gress. The Consultant shall submit to the City, five (5) copies of the Preliminary Environmental Impact Report within s$-x (6) weeks of contract execution, He shall submit to the City thirty (30) copies of the draft Environmental Impact Report within two (2) weeks after receipt of City comments, (8) HOLD HARMLESS AND INSURANCE The Consultant will indemnify the City against and hold it harmless from all and any Piability for damages on account of injury to persons or damage to property resulting from or arising out of or in any way connected with the negligent performance or willful misconduct by Consultant of the Agreement and reimburse the City of all costs, expenses and loss incurred by it in con- sequent of any claims, demands and causes of action which may be brought against it by a person other than the City arising out of the negligent, alleged negligent performance or willful misconduct by Consultant of this Agreement. It is understood that this hold .5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 harmless provision shall not apply to any claims, demands, costsc expenses (including costs of defense) liability, causes of action, or judgement which occur by reason of the negligence, alleged negligence, or willful misconduct of the City or the City's agents, servants, or other independent contractors who are directly res- ponsible 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, 1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date and year first above written. -* **.a. .,,' I 28 .6 ! .. . .. !* i ! t I .* I -1. I . -, . : ! . . .- tr. t- o J cr: 0 Q a ... _- i .. .- .. r- .. r, .. .. I .. .. 6, .v *e- A. STUDY PLAN - .-: s '. ..J+ .. Program Description and Baric Approach Urban Projects, lnc. and other team members propose to assume responsiblJity for preparation of a Draft and a Final EfR'.for the proposed Japatu? BUS~R~SS Center Specific Plan. mu1 ti-agency review process which will be necessary. the law (CEQA.as &ended January ?, .1977, and Title 19 of the Car'lsbad Municipal .. Code) are also fani 1 iar to us. - - .. ' .- We understand the complexity of the project and tb The requiremonts of Our. basic appioach to this- assignment involves the following factors: o Qrganization of a compact core team of senior professionals with .-appropriate ski 11s and experience to assure credibi 1 i ty; o Commit.ment of a senior corporate officer as the working project manager to maintain quality and time1 iness of work; Liaison with designated reprksentatives of ai 1 ResponsibFe Agencies to assu're revitw and format consistencies; and . .. b _- .. o Presentation of reports* in a manner which faci I i tates pub1 ic review. and unckrs tand i ng . . Rote* of Contractor and Staff . , -. - .- .. -. . :We-ppropos& to act as project manager subject to overa'll review by the City's aff be programmed, However, designated representative, Our .understanding of current staff ~orkl~ad~ $justed acca&jngty, _- ..- E .- *- .The importanee of establishing and maintaining necessary coordination wi ttu the several Responsible Agencies requires a clear statement of the relation- ship between the City, the Contractor and the Agencies, .\!e propose 'that the Ci ty"s representatrve establ ish- a 1 ist OF 'Agepcy contactr representatives for use by the Consultant Team- section on tfork Tasks. -2- . . a. -. ' . In addition, we request. ' that he participate in the Agency Review Panel as defined in the subsequent .- _.- a .. .. . . . .. . t ' : 0. . .' .. c .- .\ !? . -. k _d Ilork Tasks * The proposed work program wi i 1 incl ude the fol loxing tasks: . . Task I : . Program Ot-ganizi t ion -. i .. -- -. -An orientation meeting. of the core team and the City's representative will define the work program and schedule.' A working memo describing +ese . i tems will be pub1 i shed. Task 2: 'Data Review and Validation . .. - . , T'he appl icant!s environmental analyses bill be thoroughly reviewed by the core team for accuracy and completeness. Sinuitaneously, a search effort wi 11 .seek 'othor background informat ion relevant to the projedt, A work memo assessing status of the data and describing errors and/or omissions will be published. . . Task 3: Agency keview Panel Meeting .' Responsible Agency re$resentatives, as designated by the CTtyEs representay tive, wil I' 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 pub1 :shed, . Task 4: . Development of Draft Environmental Impact Report The Draft'ElR'wi11 contain a brief summary of the prcposed project and 'its consequences in language sufficiently simple thar the issues can be undei- stood by the general public. The informatian contained in the Draf$ EiR . wit? include sunmarized technical data, maps, plans, diagrams, and similar. * '-relevant imfomation sufFicient to permi t full assessment of signi f icaht - : . ' environmental' impacts. Highly technical data and specialized analysis and - ---- I -- 0 **. -. * / data will be included as append-ices. .. .. . *. The Draft EIR will follow a systematic, interdisciplinary approach-- FFdivid- . ' uals with special expertise in given areas (e.g-; traffic, service systems, . .of individkls or organizations who tro'rk in technical fields such as geology, . in a variety of these specialized fields. . The Draft EiR will discuss environmental effects in proportion to their etc.) wilt be fully utilized. %n addition, UP! can draw on the expertise archae,ology, and air qual i ty. -\le have established close-ties with experts 5 ' .. .. scvcri ty and yrobabil i ty of occurrence. De: wi - in'dicsting the reasons for determining the var that could poss i bl y be cons iclered s igni Fican t, ficarit, and consequently were not djscussed in t .. .. . .. , *- . . .- ~ a. -. ., I. .. . e. I contain a statement briefly ous efFects of the project were not f0un.d to be signi- detail in .the ElkI -d \. : Task 5: A complete preliminary draft-report ,will -be delivered to the City for revi erg and cowmen t . Task 6: 'Publication of Draft EIR Publication of Pqeliniinary Draft EIR .- i - -. .The prel inii nary draft wi 11 be revi sed to i ?corpora te- Ci ty comments and . .pub1 ished for del ivery.. . .. ... Task 7: Pub?ic Hearings and'Responie to Comments .The core teamewill appear at tiro public heaiings 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 Elk, the City will - deliver them to the Contra'ctor for written response and inc?usion in the . Final EIR. Task 8: ' Publication of Final EIR . .. .. .. -.. .- .. After completion of response to comments and City acceptance,- the. Final EIR will be published snd'deliverqd to the City. .- . .- - -- - - c. * _.I. I. .- .. .. -- I . .,. . -. .. b- :t . . B. TECtlttlCAt APPROACH ' .- b . .-. s .. .~ -0. -. As. implied in the previous section, our basic approach to this assignnent Recognition that 'substantial environmental 3;ta about the project has been prepared and is readily available for .validation; . includes-: . o -- We have carefulIy reviewed the existing data and believe that much of it - . can be uti Iized for the drsf! EIR after screening and validation' by the . Consul tani Team. The objective of our technical approach' is the preparation. of comprehensive but clear reporting of environnenta) impacts in a format which is readable . and . understandable -. by a1 1 interested parties. -. 0 - c- .. ... .. i., :-. .. c .- -,. ,- ., .- .. ... :. . .: . .. .. .'I ' .. .. .. ... *. .. .. . .^. .. .. .- . .. .. ._ .. .. -. L c . .. .. .. , . r .. . -- . \. ._- b .. I -ti- . ...... .e-* -. .. . - ... C. SCHEDULE AND COSTS ./I , Program Schedule - The team organization arid work program'..have 'been developed to permit an efficient and comprehensive :effort which ca.9 produce the Draft E1R within 'eight to ten weeks. or other need for primary: research wi 11 be necessary.) by work. task, is shown bel-ow: .. .. (This schedule presumes that no.major data gaps, errors, A complete schedule, *: .. . Weeks E1a.psed . e. . . iask 1: Program Organization- . ' Task 2: *Data Review'& VaIidaJion .- Task 3:-'Agency Revie{+ Panel lleeting . Task 4: Development of'Draft EIR Task 5.: Publication of Preliminary 'Task 6: Pub1 ication of Draft'EIR Task 7: Pub1 ic .Heari;gs . ~ . . 'Task 8:.Pvb!ication of Final EIR . Draft EIR .- . .- Budaet Reauirements and Fee ProDosal ... . ,.l .f -. .I -- \le propose to negotiate a fixed fee contract.based upon a finalized work program' and schedule, Current budget requirement for the proposed program-- - '. '.is $22,500. This fee includes a1 1 costs for, meeti'ngs and pub1 isrations described in the following section. .. 0. ~ 0. .. -. .* I .- . - - :e .. 0. .. .- -. .. Program Products . .. *- .. .. .- .. . The work program will produce-: . 0. b -- Q . Worksmemos following Tasks i and 2 which cfescri6e refined work o**. Prel imipary Draft Elk for City review (IO .copies); e ! : tasks, schedule, and assessment' of,environmentat da.ta; -- o Draft EIR (20 cop'ies); and .. o Final EIR (20 copies). 0 .. *- .. -e , -, . :..J -* b . .- .. .. . .. \ . -. .. b -5- .. .. . ____"-*. - .. .. ~lc -,_ - I* .- I*.- -.-- ,. 'k .+ . . ..- ,- > D. PR0GRAI.t MA?IAT,EI\EtIT .' T -* .- -. .- 't -. -* . Consistent with the basic philosophy of'UPI, the management system for this work program'wi11 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 grincipals can expedite communication and avoid numerous minor problems which are endemic to more loosely OrgJniZed programs. will base its management of the work program-effort upon the comitnent of a senior principal of the firm who wi'll-also serve as prbject manager. The second major featu're of the managercant approach involves written documentation of work status and progress. participants and to identify work prog'ran problems and thei r'expected resol ut ion. - . Therefore, UP1 - . .. A series of regular \-!orking . Memos wi 1 I be. empfoyzd to assure ful I coflmunicstion anong a1 1 involved e .- e .. - Third, and most important feature of the management system, is a suggested Review Panel - Said Pan51 would consikt of the City's designated project 1 iaison, the Consultant' Team' leader, and representatives for ths various a representative from the applicant be made available to the Pam1 for The sum of these and other features of the proposed management system wlTl be a carefully organized and noni tored work program which wi 11 efficiently _- and effectively produce a useful environmental document t.;hich fulfi Ils tbe 'statute requirements and the public pxrpose- . . "respoitsible ageicies'' %taffs, as appropriate. . communi cation. purposes. -- tt is also suggzsted that . - " -- - -. . . -- .. c . .. / .. 9- .- .. *- .. -- F .. .. .. .a - P -. . .. . f- . . .. .- . e- .. .. .. e -.. .. -- .:. -. .. .. .. I- .. .. . . . -. .. .. c .. .. . .. :I .- E- PERSONNEL . ~ : . -. * ... -. 8 .. .I 1 Personnel Organization Chart . As described on the following page, the Consultant Team structure defines the Organization of the assigned staff and the leadership responsibility- *officer in charge. - .- . R- Dale Beland, AIA,’AlP, will serve as project manager and co-riorate He will be assiFted by J4t.1; Kay Beye< and Pk~l R- Secord : -. . - as project professionais. ._ t4r. Rogers and Mr. S~OW, senior officers .of UPI and expzrienced commercial/ industrial manBgement and development consuI tants,wiI I serve as technical advisors to the Team, * . Basic subcontractors wit 1 include ‘Psomas &. Associates, civil engineers, . . and JHK Associates; transportation planners and engineers. Other special . experti& will be available as required from a group of specialists with . whom .the Team has worked in past ass-ignmen ts. .. .. Thesk have included: -- . . Dr:. Hal Eberhardt - Archaeology . * Or; James Henbrickson - Flora/Fauna Or, Ta-Liang Tens - Seismology . Or. Raymond blurphy - Geology - . . Aerovironnent Inc, - Air Quality . .. .. .. - *. . ._ ir . -- .. Manpower A1 location Summary The proposed’ work pro .125.man-days for preparafion of the draft document and additf ..- -. . . \,,ill involve a. level effott’estimated a$ omments and pub1.i~ presentations, . ne~’ to the work program is-estimated .. -.. .- .. .. .. .C Beland - 50% c : ’ Beyer - . * 90% .~ !. i - . Secord - 90% .Van Riper,- 30% Austin - . 30% Support staff - as required -- e- . D. . -- v .- e .* -- r: t .. . -. .. .. .1 0. Logistics and Material UP1 and other members OF the Consultant Teain arc based in the Los Angeles .area. \le’ currently serve cl ients within the regicn of Ventura, Los Angeles, .. 4 .- .. *. .. I -- PERSONNEL. ORGAN f ZAT I,~H .. r .. . .' t t :~rog ram I\anageien t .. R. Dale Beland, A. I .A. A. I -P- Senior Vice President I' .. . <-: .- .. . .. CORE TEA14 .- ' PSOiIAS 'E Associates .. Urban Projects, 1 nc. 3tiK & Associates . Engineering . . Envi ronmcntal Analysis Trsf f ic Engineering Peter Van Riper, CE MI Kay Beyer, Associate Vi-ce President Paul R. Secord, Analyst Senior Associate Terence W. Austin 1 L 1 .. SPEC !At ADV I SORS (as needed) Dr, Hal Eberhardt . 6:r. James Hendri ckson Dr. Ta-Liang Teng . . Dr. Raymond Murphy - et. al. .. -* . .* 3. .. .. .. -. .. I-- .- .. .. - .. . ' ...a . . .- . -. .- *. . .. . -. I. . .. ' ..- -- I .. t. c.. .. .. * .__ . .. _- - I. -e ._ *. . .. .. C b- b 6'- - -- 'i .. - .I -- . Riverside, Orange, and San Diego'Counties as well as more distant areas, \.le are accustomzd to mobi.le, efficient work programs. 0.ur off ices in Westood-and Carson accommodate our. stafF .of 20 professional's * . . . .e. *. : ..d .. : complete with all necessary support servixzes- .. . We anticipate. no difficulties in this implementation of the proposid. work .. program, _- .. .' .. .. -. .f ... .. .. I' .. .. *. .. .... -. .-. ... .- . -. .. .. .. ._ .. 0 . . .. .. .. ,- .. - . *. , - ... .- -. .. - . ._ .... 0 . . __. . * . I.. . .* .. .. .. .. . - ._- . _. . :. . .. ... ... ..... . ~. .. .. m.., ... ..... .- ............ .-.- ..,., ~ . +'.., ... ._ .I. ,. .' 5 . a. . , ... -- . :._ a .. ,. . -. .- .. ... ... . rg - : _. -. ..: b .. I .! .. .... - .' .. ... . .* .. .. u .. -. \-'. .* 7. *. ..