Loading...
HomeMy WebLinkAbout1990-10-16; City Council; Resolution 90-381II 0 0 1 2 3 4 RESOLUTION NO. 90-381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BRIAN MOONEY ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW OF THE ZONE 20 SPECIFIC PLAN - EIR 90-03 5 6 7 8 9 10 11 12 13 14 Carlsbad held on the 16th day of October , 1990, by the following vote, to wit: The City Council of the City of Carlsbad, California, does hereby resolve as f 1. That certain agreement between the City of Carlsbad and Brian h Associates for consulting services relative to the preparation of an environmental impact re1 the Zone 20 Specific Plan, a copy of which is attached hereto, marked Attachment incorporated herein by reference, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and dire execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the 15 16 AYES: Council Members Lewis, Kulchin, Larson, Mamaux, NOES: None Pettine 17 18 ABSENT None 19 I 2o 21 ATTEST: 22 23 24 ALETHA L. RAUTENKRANZ, City Clek 25 26 27 28 (2&t7LL &!e&& r 0 0 ATTACHME ._ AGREEMENT FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE ZONE 20 SPECIFIC PLAN THIS AGREEMENT is made this s day of Soptember , 19&, betweer the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinaftel referred to as CITY, and Brian F. Mooney & Associates hereinafter referred to a: CONSULTANT. ' RECITALS WHEREAS, the CITY, has entered into an agreement with Sunbel Development, Ocean Bluff Partners, Bramalea California Inc., Beztak of California, anc Carlsbad Heights Associates hereinafter called the applicant, wherein the CITY agrees to prepare a(an) Environmental Impact Report (EIR) for the proposed project identified as Zone 20 Specific Plan which is located south of Palomar Airport Road and west of E Camino Real and more precisely shown on the map marked Exhibit "A", attached heretc and made a part hereof; and WHEREAS, the CONSULTANT has the qualifications to prepare the requirec EIR; and WHEREAS, it is understood that the CONSULTANT shall be an independent contractor of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: ' (1) DUTIES OF THE CONSULTANT CONSULTANT shall prepare a(an) EIR on the subject project in accord with the California Environmental Quality Act as implemented by the State I 0 0 b. Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and it implementing resolutions. In carrying out this obligation th CONSULTANT'S duties shall include the following: (a) The CONSULTANT shall, consistent with the Work Prograr contained in Exhibit "B", (1 ) make all necessary and required fie11 explorations, reviews and tests; (2) make all necessary and require1 laboratory tests and analysis; (3) appear and be prepared to answe questions and prepare testimony on the final EIR at all publi hearings before the Planning Commission and the City Council pric to the certification of the report; (4) make all reports necessary t comply with the requirements of this section. Before preparing th draft report, the CONSULTANT shall submit five copies of preliminary report (screen check draft EIR) to the Planning Directc for staff review. The CONSULTANT shall revise the preliminar report as requested by staff in order to make it suitable for draft Ell review. (b) CONSULTANT shall prepare a draft report in compliance with th Work Program contained in Exhibit "B" and the Proposal fc Preparation of the EIR on file at the Planning Department (unles otherwise stated in this agreement), attached hereto and made part hereof and with applicable state law and City ordinances. Th CONSULTANT shall submit to CITY fifty copies (in 3-ring binders plus a reproducible master of the draft EIR to the CITY. 2 0 e . .. (c) CONSULTANT shall attempt to determine as soon as possible in hi study of the area involved, those factors which could severely inhib or prohibit the proposed project. If it appears that such factors ar present, he shall so inform the Planning Director who in turn w discuss with the applicant the feasibility of continuing with the repor The objective of this subsection of the agreement is to minimize th cost if these adverse factors exist. (d) CONSULTANT shall prepare and file with the CITY written response to all comments received subsequent to public notice that the dra EIR has been filed. CONSULTANT shall also prepare any respons necessary to matters raised at the public hearings. The writte responses shall be prepared in a form that will permit the response to be incorporated into the final EIR. (2) DUTIES OF THE CITY (a) The CITY will make payment to the CONSULTANT as provided fo in this agreement. (b) The CITY will make available to the CONSULTANT any document5 studies, or other information in its possession related to thc proposed project. (c) The CITY will review the screen check draft EIR presented by thc CONSULTANT within fourteen working days of their receipt anc make written comments to the CONSULTANT within that time period 3 I. 0 e (d) The CITY shall provide the CONSULTANT with copies of all writter comments received on the draft EIR subsequent to public notice tha the draft EIR 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 noticl to the CONSULTANT of such termination and specifying the effective datc thereof, at least fifteen days prior to the effective date of the termination. Ir event of termination, all finished or unfinished documents and othe materials prepared pursuant to this agreement shall become its property Upon termination for reasons other than breach of this agreement CIP shall pay CONSULTANT the reasonable value of the services completed tc the date of notice of termination. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assembled by thc CONSULTANT under this agreement shall not be made available to an) individual or organization by the CONSULTANT without the prior writter approval of the CITY. (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIALS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority tc publish, disclose, distribute and otherwise use, in whole or in part, an) reports, data, or other materials prepared under this agreement. 4 e 0 r. (6) PAYMENT The CONSULTANT will be paid a maximum of $62,727.00 dollars for a work necessary to carry out the requirements of this agreement. Actu: payment shall be based on the cost of the report based on the costs as sc forth in Exhibit "C" on file at the Planning Department. The CONSULTAN shall be paid within 30 days, in response to monthly invoice, for up to six! percent of the compensable services for the completion of the screen chec draft EIR in accordance with Paragraph 1 above. The CONSULTANT w be paid up to an additional ten percent upon the draft EIR being sent 01 for public review. The CONSULTANT will be paid up to an additional fiftee percent upon acceptance by the CITY of the response to comments fror the CONSULTANT, the final fifteen percent will be paid not to exceed th maximum amount provided in its agreement within thirty days after receir of invoice, to be submitted after the certification of the EIR or final action k the City Council. (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It understood that inclement weather conditions may delay the completion ( field work. The CONSULTANT will be allowed as many additional days E are necessary to compensate for days lost due to inclement weather. Tt- CONSULTANT shall submit to the CITY five copies of the screen check drz EIR within eight weeks of the signing of this agreement by both concerne parties. The CONSULTANT shall submit to the CITY fifty copies of the dr; EIR within ten working days of the completed staff review of the scree check draft EIR. - 3 0 a ._ (8) LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is in the sum of $62,727.00 which amount is estimated to be sufficient to compensate the CONSULTANT for all services performed hereunder during the terms of thi: agreement. In the event at any time it appears to the CONSULTANT thal said sum may not be sufficient, he shall immediately so notify the Planninc Director. He will not perform any. work or incur any obligation beyond saic sum of $62,727.00 without appropriate amendment to this agreement. (9) CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONSULTANT or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONSULTANT or the CITY may request a 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 Planning Director who will inform a principal of the 6 e 0 CONSULTANT’S firm of the necessity of such action and follow up with 2 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 negligent or intentionally wrongful performance by CONSULTANT agreement, 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, demands and causes of action which may be brought against it by a person arising out of the performance by CONSULTANT of this agreement. (1 1) 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 ensure and indemnify both CITY and CONSULTANT against liability or financial loss resulting from injuries occurring to persons or property in or about the premises or occurring as a result of any acts or activity of CONSULTANT. The liability under such insurance policy shall be not less than $100,000 for any one 7 e j. 0 person injured or $300,000 for any one accident and $50,000 for property damage. The policy shall be written by a responsible company or companies to be approved by CITY, and shall be noncancelable except on ten days' written notice to CITY. Such policy shall name CITY as additional insured and a copy of a certificate describing 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 himself consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the CITY by reason hereof, and that he will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, workmen's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit. (1 3) ASSIGNMENT OF CONTRACT CONSULTANT shall not assign this contract or any part hereof or any monies due or to become due thereunder without the prior written consent of the CITY. (1 4) SUBCONTRACTING If the CONSULTANT shall subcontract any of the work to be performed under this contract by CONSULTANT, the CONSULTANT shall be fully a e 0 .. responsible to the CITY for the acts and omissions of its subcontractor anc of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any contractual relationship between any subcontractor of CONSULTANT and the CITY. The CONSULTANT shal, bind every subcontractor and every subcontractor of a subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. (1 5) 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 approving any architectural, engineering, inspection, construction, or material supply contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part 'thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part hereof. 9 e 0 ._ (1 6) 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. By: &9@?&!z&/& r' CONSULTA~T ATTEST: WLb /cd- ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: City Attorney 10 e e ,. I PACIFIC OCEAN .. .. I I I .................................................................................................................................................................................................................... ...... Exhibit r,w~~~s~l ....... T ................................................................................................................................................................................................. BsSiiJ. 1r.1n.11 vmmv LOCA ,'I"p, 1 ...................................................................................................................................................................... n2;~5~ not to scale city 01 Carlsbad, ZONE 20 SPECIFIC' ....................................................................................................................................................................................................................... ~. . e e .. IV. WORK PROGRAM Co~lqx~nv Services BFMA's work program and the services offered in this proposal consist of 2 research, evaluation, analysis, coordination, and production necessary to prepare a Drz and Final Environmental Impact Iicport for the Zone 20 Specific Plan as outlined abor and in the RFP. This includes: o Completion of Notice of Preparation indicating a description of the projec its location on a map, and a statement of the project's probab environmental effects. 0 Project scoping to determine all environmental issues that need to t addressed in the Program EIR. This will include a review of the Specif Plan application and a critical evaluation of all associated environment studies previously prepared, including earlier environmental documents ar technical studies as outlined in the RFP. 0 Preparation of an initial Screencheck Draft PEIR (5 copies)*, Fin: Screencheck Draft PEIR (5 copies)* and a Draft PEIR (50 copie: consistent with City of Carlsbad's Environmental Protection Ordinance (Tit1 19) and other pertinent City ordinances and policies, as well as with CEQL and CEQA quidelines. 0 Respond to all comments received during the public review period an coordinate with City staff to compile the Final PEIR. o Compile the Screencheck Final PEIR (5 copies)* and the Final PEIR (5 copies)* and subinit to the City. 0 Support graphics, word processing, and clerical services for preparation an 0 Coordinate with City staff and attend all meetings conducted by the Ci delivery of all documents. during the contract time frame as outlined in Section V below (3 meetinl have been assumed), and attend all public hearings (2 public hearings ha1 been assumed). , * These items added as a result of conversations with City staff during ti preparation of this proposal; they are not included in the RFP. " EXHIBIT " 20 . Cost Summary Q a The cost of the environmental impact analyses described above is surnmari: below: 0 Land Use and Land Use Conlpatibility* $3,440 I 0 Public Services/Fiscal Impact Analysis $4,800 0 Paleontology $2,250 0 Cultural Resources $53 16 The total amount for these studies equals $16,006. This Pigurc may be added to previously proposed total (minus the earlier figure provided for cultural resources) fc revised project total of 62,727.00 for the preparation of the Program EIR. All other components of our previously prepared poposal remain in effect. PI1 do not hesitate to contact me if you have any questions regarding this supplement to proposal. Sincerely, fl- William Graham Director of Environmental Studies ) EXHIBIT "( / a e -* COST ESTIMATE FOR THE ZONE 20 SI'ECIFIC PLAN PROGIWM EIR Task CQ . Notice of Preparation Notice of Preparation ' $5 16.( Program Environmental Impact Report Agriculture Air Quality Biology Circulation (subconsultant) Circulation (EIR) Cultural Resources Noise (subconsultant) Noise (EIR) Pesticide Residue (Soils) Visual Alternatives Curnulative Impacts Growth Inducernerlt Mandatory Sections Graphics City Revisions Response to Comments Word Processing Management/Editing/Analysis -. 1,456.( 9 12.( 2,5601 12,650.( 356.( 1,840.( 2,750.( 356S 1,384S 2,328.( 1,572.( 912.( 1,012.( 9 12.( 1,680.( 1,3 12.( 1,568.( 960.( 4,440.C Meetings/Public Hearings Meetings (3) and Public Hearings (2) 2 persons x 4 hours each meeting 2,800.C Direct Expenses Travel: 500 miles @ .30 mile Xerox: Miscellaneous Records Searches: 115 EIR books @ $25 each Archaeology Biology Aerial Photograph ' 150.C 200.c 2,875;C 400.C 200.c 500.C TOTAL ZONE 20 SPECIFIC PLAN PROGRAM EIR COST: $48,601.C 34 EXHIBIT "C