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Cotton Bridges Associates; 2003-03-06;
EXHIBIT 2 AMENDMENT NO. 5 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON LA COSTA TOWN SQUARE - EIR 01-02 THIS AGREEMENT, made and entered into as of the .day of ., 2009, by and between the CITY OF CARLSBAD, a municipal <-corporation, hereinafter referred to as "City," and Cotton Bridges Associates, a Division of P & D Consultants, Inc. hereinafter referred to as "Consultant", shall serve to amend the previous contract dated March 6, 2003, attached hereto. All provisions of the original contract, as amended, shall remain in effect, except the Work Program referenced in Section 1(a) shall be amended to include the additional work outlined in the Consultant's revised proposal, dated May 20, 2009, attached hereto, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $40,109.00 for the additional work, making the maximum fees payable a total of $345,113.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: Cotton Bridges Associates Name of Contractor Bv;ATTEST: LORRAINElvl. W6OD~ City Clerk (print name/title) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Assistant City Attorney City Attorney Approved Version 03/17/04 AECOM USA, INC. DIRECTORS AND OFFICERS Directors Richard P. Wolsfeld, Jr. Ira A. Levy Greg Sauter Elise R. Greenspan Chief Executive Officer Frederick W. Werner President and Chief Operating Officer Ira A. Levy Executive Vice Presidents Joseph C. Aiello Jerome C. Premo Joseph G, Pulicare Gregory Sauter Richard A. White Richard P. Wolsfeld, Jr. James R. Zaniboni Senior Vice Presidents F. Ross Edwards Raymond H. Ellis Neal J. Forshner Geoffrey A. Fosbrook, Jr. Elise R. Greenspan Adbol Haghayeghi James B. Hilton Glen T. Kartalis Hans M. Korve Robert A. Lepore Michael J. Marchelletta Victor J. Martinez Edward McGee Diana C. Mendes Gary C. Morris Vahid Ownjazayeri Stephen J. Polechronis Edward J. Schmeltz Bruce R. Toro James W. Weinstein, Jr. Vice Presidents Paul G. AdamsJohn S. Anderson Scott Arganek John R. Azzaro Michael A. Barbour Thomas R. Barnard Mikhail Bass Jack Baylis Christopher K. Bennett Jay Beratan David A. Boate Edward G. Boatman David Brown Enrico BruschiKenneth V. Butler Nancy M. Butler Phillip F. Castellano Michael J. Chalmers William D. Colon Kevin S. Corbett Lewis P. CornellTimothy M. Culligan Matthew G. Cummings Prabir K. Das Stephen C. Dempsey Cesare DeRose, Sr. Joseph G. DiCarlo Nicholas V. DiGregorio Albert G. DiGuilio Vice Presidents: Continued Thomas J. DouganCaroline Downing James G. Duncan Robert P. Edelstein Raymond M. Fares Daniel G. Faust Sheldon L. Fialkoff Barry A. Fiandra Brian Garbushian Michael G. Gasparro Thomas R. Gibson Howard W. Gregson Kenneth W. Griffin Mark S. Griffiths Eugene Grilli Laurie B. Gutshaw David Gwynn Marc S. Hackbarth August V. Hardt Neil H. Harris Roger W. Heebner Richard P. Heidrich Tom Hessling Richard M. Hoar Russell C. Holland Peter Hopkinson Alan Dane Hudson Gary A. Hullfish Charles Hymes, Jr. Darcy L. Immerman William C. Jorgensen Bruce M. Kay John P. Kelly Jeffrey A. Khouri Lucy M. Labruzzo Frank J. LaPlaca Other Officers Amr. A. Elmeged Howard W. Gregson Kenneth W. Griffin Mark S. Griffiths Robert W. Heckman Other Officers Page 2 George R. Lehan Ch David M. Levy Stephen Lipkus Charles B. Manning Richard P. Markwith, Jr. Timothy Martin Steven A. Martocello Mark D. Mehalko Dennis L. Miller Fred S. Mlynarski Aly M. Mohammad Stephen R. Morton Paul J. Muccino Max J. NassarAchille A. Niro Stephen M. O'Brien John O'Connor Thomas P. O'Connor Brent D. Ogden Robert K. Orlin Arthur D. Pace Bijan Pashanamaei Richard Paupst Mark A. Perez Kenneth P. Philmus Kevin A. Pierce Rodney S. Pimentcl Robert D. Pinghero Robert W. Pittman Robert H. Prince, Jr. John S. Prizner Adam Procell Thomas P. Quaranta Alden S. Raine Armando G. RamirezJack R. Roadhouse Joseph J. Klein Hanan A. Kivett Mark D. Latch Robert B. Lowe Lin V. Nathan Elise R. Greenspan, General Counsel, Senior Vice President, Secretary Robert K. Orlin, Assistant Secretary, Vice President David Huchel, Assistant Secretary Edward Benes, Assistant Secretary L. Bruce Bean, Assistant Secretary William Garrett, Assistant Secretary James Lowe, Assistant Secretary Douglas D. Smith, Assistant Secretary Wesley Shimoda, Assistant Secretary Glen Hartwig, Treasurer, Senior Vice President, Chief Financial Officer arles Robbins Terry P. Rookard Peter Rooney Paul A. Roy David W. Ryan Glenn D. Sadulsky Abbas Sarmad Achaibar L. Sawh Ronald L. Schumann, Jr. John R. Seaboldt Michael S. Shapiro Lucila P. Silva Aaron R. Silver Loren Smith Patrick L. Somerville James K. Stacy Wayne Swafford Robert W. Swanagon Michael J. Sweeney Christine Tiernan Robert M. Totillo Matthew G. Ulukaya Shahram N. Vahdat Rachel C. Vandenberg John P. Van Echo Glen D. Vasquez Dipal Vimawala Thomas R. Waldron Talmadge P. Weldon Frank Wengler Steven D. Wilcox Christopher M. Wood Robert E. Wright Gregory R. Yates Joseph F. Zafonte Harry R. Roecker John SharenkoHerbert G. Spooner Charlie V. Trujillo AECOM P&D Consultants AECOM US West Region 999 town & Coiinli'y Road, 4lh riooi. Orange, California 92060 : 714.835 .-1447 f- 714.953 6989 www.aec-om.com May 28, 2009 Mr. Van W. Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Scope of Services Amendment - La Costa Town Center EIR Dear Mr. Lynch; As you discussed with Yara Fisher, EDAW, through the existing P&D contract with the City, requests an amendment to the contracted budget to complete the La Costa Town Square EIR. Amendment Number 4 approved January 27, 2009, assumed one pre-print draft would be prepared solely for review by the City prior to issuance of the Public Review Draft. Additional input provided by applicant, though helpful, requires EDAW to provide more extensive revisions than anticipated, resulting in the need for two pre-print drafts and thus more costs than anticipated in our last amendment request. Following is a complete list of edits needed to finalize the Draft EIR. PUBLIC REVIEW DRAFT EIR The following outlines the main revisions needed to fully update the Draft EIR per the revised site plan, technical studies, and new environmental issues since our last contract amendment was approved in January 2009: General Edits in EIR Chapters 1 through 4 • Project Description • Environmental Setting • Updated Table 2.0-2 Environmental Impacts and Mitigation Measures Section 5.1 Land Use and Planning • Updated "Project Consistency" statements per revised site plan and technical studies • Added analysis of project grading per Hillside Development Regulations • Updated figures 5.1-3a and 3b Section 5.2 Transportation/Circulation • Updated impact analysis per revised trip generation and distribution • Revised figures per updated traffic study • Revised text and tables for future LOS on street segments and delay at intersections per updated traffic study • Revised mitigation measures and summary of impacts tables Section 5.3 Air Quality • Updated impact analysis (text and tables) per revised trip generation and grading volumes Section 5.4 Noise • Updated impact analysis per revised trip generation and commercial site plan Section 5.10 Visual Aesthetics/Grading • Updated "Urban Decay" impact analysis per supplemental CBRE report • Updated "Grading/Landform" impact analysis per revised site plan and added analysis of consistency with Hillside Development Regulations • Revised figures 5.10-1 thru -4 Page 2 Mr. Van W. Lynch May 28, 2009 Section 5.11 Public Services and Utilities • Updated information on water supply, electric and gas usage per revised site plan, fire services and standards, student generation and school fees, solid waste generation, and hazardous waste disposal Chapter 6 Analysis of Long-Term Effects • Updated analysis of Global Climate Change Chapter 7 Alternatives • Updated project data and impacts for comparison to the alternatives Chapter 8 References • Updated list of references and confirmed correct citations throughout EIR General Edits Throughout Document • Completed technical review for consistency of format, references, figure and table citations, and acronyms In addition, because of the length of time since our original contract was approved and the necessity to include more senior staff in the completion of the document than originally anticipated, EDAW requests an increase in the contracted budget to cover anticipated costs associated with preparation of Response to Comments (RTC), CEQA Findings, the Statement of Overriding Considerations (SOC) for unavoidable impacts from traffic, air quality, noise, and global climate change, and the Mitigation Monitoring and Reporting Program (MMRP). The scope of work for these tasks is described below. RTC, CEQA FINDINGS, SOC, MMRP For the RTC, EDAW will maintain a log of comments letters as received and coordinate with City staff on issues requiring City or applicant input. From this input EDAW will prepare draft responses to all comments, number the individual comments on each letter, and provide the responses in a side-by-side format. The CEQA Findings will be prepared for consideration and adoption by the City Council per Section 21081 of CEQA, Each significant effect will be identified, the relevant CEQA finding identified, and the rationale for the finding will be stated. The SOC for private developments are typically prepared by the project applicant to provide, as applicable, the economic, legal, social, technological or other benefits of the project that outweigh its adverse environmental effects. EDAW will coordinate with City staff to review the proposed findings, but will not undertake any additional research or analysis to support the applicant's draft findings. The MMRP will be prepared in table format and list each mitigation measure, which will be classified as Project Design Mitigation, Ongoing Mitigation, or Long-Term Mitigation in order to identify at what stage in the project development process the mitigation measure can be implemented; identify the responsible monitor by title and the schedule for monitoring during plan preparation, construction, or post-construction; and provide verification by sign- off, date, and comments. FINAL EIR The Final EIR will incorporate each of the documents listed above and will be edited in track changes format to indicate where changes were made as a result of comments received during the public review period or as directed during the City approval process. Per your request to reduce the required number of copies of the Final EIR (which will include the RTC, CEQA Findings, SOC, and MMRP) to 20 copies plus 20 CDs containing the FEIR and Appendices, the copying estimate would be reduced to $946 and is reflected under Final EIR, included below. Page3 Mr. Van W. Lynch May 28, 2009 SUMMARY OF REQUESTED AUTHORIZATION Public Review Draft ElR $9,913.00 RTC 7,680.00 CEQA Findings 6,940.00 SOC 2,670.00 MMRP 2,410.00 Final EIR 10.496.00 TOTAL $40,109.00 We look forward to a favorable consideration of this request and seek your immediate authorization to continue our work. Sincerely, Cyd EJrandvein Senior Vice President °\ AMENDMENT NO. 4 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON LA COSTA TOWN SQUARE - EIR 01-02 THIS AGREEMENT, made and entered into as of the day of tion; ., 200^ by and between the CITY OF CARLSBAD, a municipal "corporation; hereinafter referred to as "City," and Cotton Bridges Associates, a Division of P & D Consultants, Inc. hereinafter referred to as "Consultant", shall serve to amend the previous contract dated March 6, 2003, attached hereto. All provisions of the original contract, as amended, shall remain in effect, except the Work Program referenced in Section 1(a) shall be amended to include the additional work outlined in the Consultant's revised proposal, dated October 24, 2008, attached hereto, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $51,000.00 for the additional work, making the maximum fees payable a total of $305,004.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: Cotton Bridges Associates . . ,CITY OF CARLSBAD, a municipal corporsrfioln/Qf the State of Califp (sign here) if Contractor &vU Attest: Mayor (print name/title By: ewt>ttAo e/itle' »LORRAINE M. WOOD, City Clerk (sign here} (print name/title) APPROVED AS TO FORM: RONALD R. BALL, City Attorney $£$& H'Xrx' Bv:LfafafiJc /^Assistant "City Attorney City Attorney Approved Version 03/17/04 ll AECOM P&D Consultants 999 Town & Country Road, 4th Floor, Orange, California 92868 T 714.835.4447 F 714.285.0740 www.tcb.aecom.com October 24, 2008 Mr. Van W. Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 BEST ORIGINAL RE: Scope of Services Amendment - La Costa Town Center EIR Dear Mr. Lynch: As you discussed with Yara Fisher, EDAW, through the existing P&D contract with the City, requests an amendment to the contracted budget to complete the La Costa Town Square EIR. The preparation of the screencheck EIR raised several complex issues that require additional effort beyond that anticipated in our original contract. The main issues requiring extensive effort to complete the first and second screencheck EIRs include: traffic, water supply, climate change, urban decay, air quality, and biological resources. These are discussed in more detail below. Additionally, our original scope and budget did not assume review and comment of the document by the applicant and their representatives, including Glenn Lukos, RECON, Sheppard Mullin, RBF, and Urban Systems. Although we believe this review facilitated the preparation of a stronger CEQA document, it causes significant additional effort in order to ensure we responded adequately to all parties. Approximately 132 separate comments were received and responded to by EDAW in written form in both the revised EIR and formal response matrices. Finally, the applicant is proposing a change to the project description that will require the update of all text and graphics within the EIR to ensure consistency with the latest project. This will cause additional time for environmental planners, graphics, word processing and tech editing. SCREENCHECK DRAFT EIR The following outlines the main issues within the Screencheck EIR task requiring extra effort beyond our scope of work and budget. Traffic At the time of the First Screencheck EIR, the traffic report by Urban Systems still had many outstanding issues, which EDAW outlined to the City and Urban Systems in a 15 page memo and matrix dated April 3, 2008. EDAW coordinated with the City, Urban Systems, and RBF to resolve questions regarding the impact analysis, mitigation, and final conclusions for intersections and roadways within the traffic study area. The resolution of the traffic issues outlined in the memo and revision of the traffic section of the EIR cost more than 150 hours of staff time. Water Supply EDAW helped coordinate the required water supply analysis for the EIR. This involved: generating memos describing the necessary components of the water supply analysis; reviewing and commenting on Olivenhain Water District responses to requests for a water supply analysis and the applicant's estimated demand analysis; participating in a phone call with the City, applicant, and Olivenhain Water District; preparing a memo for the Mr. Van W. Lynch Page 2 City of Carlsbad October 24, 2008 Olivenhain Water District summarizing the assumptions used for the analysis; and incorporating that information into the EIR. Climate Change The applicant's representatives had numerous and extensive comments on the global climate change analysis, which required written responses within the EIR and in a separate 5-page matrix responding to all 26 comments received. Biological Resources Numerous questions remained in the Second Screencheck regarding vernal pool/wetland identification, classification and mitigation that required a review of additional wetland reports and coordination with the applicant's biological resources consultants. EDAW also worked with the City and biological consultants to clarify covered status of species and appropriate mitigation surrounding several sensitive plant species and animals. The fairy shrimp survey analysis also required detailed review in order to substantiate the conclusions. Urban Decay Study and Analysis Our scope of work did not assume an urban decay study or analysis would be incorporated into the EIR. However, EDAW received and reviewed the study provided by the applicant and incorporated the relevant portions into the EIR. Air Quality The revised project and construction time-frame require a re-run of the air quality analysis and incorporation of that revised analysis into the EIR. Cost Estimate: $37,500 VISUAL ANALYSIS Our original scope of work called for EDAW to prepare three visual simulations for inclusion in the EIR. The illustrations provided by the applicant were not the formal elevations needed in order to draft realistic visual simulations normally presented in an EIR analysis. However, using the illustrations received by the applicant EDAW drafted graphics for use in the EIR that generally illustrated the overall design and massing components of the project. Upon review of the graphics by the City and applicant, it was determined that more standard and detailed visual simulations should be provided using formal building elevations. EDAW inquired in the winter of 2007 about a contract augment to re-do the simulations and that was declined by the applicant in lieu of a third party (Watersheds studios). In October of 2007, the visual simulations were presented to EDAW. EDAW provided numerous reviews of the visual simulations and suggested revisions to the "before" and "after" scenarios and the overall approach being used. These reviews and revisions by the applicant's team resulted in several different versions supplied to EDAW, which EDAW incorporated into revised versions of the Visual Aesthetics/Grading section. The amount of staff time spent on the original graphics submittal, reviewing and commenting on the applicant team's submittals, and revising the Aesthetics/Grading section multiple times to reflect the latest simulations have left limited funds to cover the cost of the final review of the simulations. REVISED PROJECT/SITE PLAN The revised project application and site plan will require revisions to the text and graphics of the EIR, requiring additional time to be spent by EDAWs environmental planners, project manager, graphics, word processing, and tech editing teams. Cost Estimate: $9,000 DIRECT COSTS Based on the previous prints provided, one copy of a draft EIR will be: AECOM Mr. Van W. Lynch Page 3 City of Carlsbad October 24, 2008 Main Body - 410 pages: $60 Appendices- 1750 pages: $225 The scope of work calls for: 25 copies in 3-ring binders 20 bound copies 1 unbound copy 5 CD ROM That equates to $285* 46 = $13,1 10 in reproduction costs for the Draft EIR alone. With reproduction of the Final EIR (including appendices) as currently scoped, the direct costs remaining will exceed $25,000. Currently, approximately $2,100 remains unbilled in direct costs, leaving an anticipated budget gap of about $23,000 plus additional costs associated with phone, postage, and travel. This amount can be reduced if the City requests more CDs instead of hard copies, limits the number of appendices required, or prints from a reproducible version provided by EDAW. However, if the City wishes to implement the existing scope for reproducibles, we would request an additional $25,000 for direct costs. COST ESTIMATE We request an additional $44,000 in labor in order to complete the Public Review Draft and Final EIR. This assumes one pre-print draft is prepared for review by the City only prior to the Public Review Draft, a moderate number of comments are received on the Draft EIR, and that responses regarding the technical adequacy of the traffic, biological resources, urban decay, and noise analyses are drafted by the respective consultants with review and incorporation of those responses by EDAW. As described above, additional funds may also be needed for the reproduction of the Draft and Final EIRs. For the purposes of this amendment request, EDAW assumed 100 hard copies of Volume 1 of the EIR would be required, 20 hard copies of the appendices, and 50 CDs. 100* $60 =$6,000 20 * $225 = $4,500 50* $2 = $100 = $6,600 With $2,100 remaining in our current budget for direct costs, the estimated additional direct costs total $4,500. The total amount requested is $51,000. We look forward to a favorable consideration of this request and seek your immediate authorization to continue our work. Authorization for the amended scope of services may be provided immediately by signing both copies of this letter and returning one copy to P&D. Sincerely, Authorization Warren Sprague _ Vice President City of Carlsbad AECOM AMENDMENT NO. 3 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON LA COSTA TOWN SQUARE - EIR 01-02 ^n THIS AGREEMENT, made and entered into as of the O — day of 4 2007, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Cotton Bridges Associates, a Division of P & D Consultants, Inc. hereinafter referred to as "Consultant", shall serve to amend the previous contract dated March 6, 2003, attached hereto. All provisions of the original contract, as amended, shall remain in effect, except the Work Program referenced in Section 1(a) shall be amended to include the additional work outlined in the Consultant's revised proposal, dated July 6, 2007, attached hereto, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $63,922.00 for the additional work, making the maximum fees payable a total of $254,004.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: Cotton Bridges Associates Q. Name of Contractor ) (sign here) k) CITY pal Call ATTEST: (print name/titl By; (sign here) (print name/title) APPROVED AS TO FORM: RONALD R/ BALL, City Attorney / Assistant City Attorney City Attorney Approved Version 03/17/04 '^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California .ffljCounty of. »** On AiJ\ /O, 3L007 before me, Nicki Treadway, Notary Public J Date/ Name and Title of Officer (e.g., "Jame Doe, Notary Public") personally appeared WO-f*-* Sprd4u.e I ^J Name(s) of Signer(s) f\* ^[personally known to me NICKIfflEADWAY CommJ1537395HOWRY PUBLIC-CALIFORNIA (I)Orange County - jjy_Coinm. Expires Jan. 20,2009 ^ D (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL C Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:To £)R Document Date: A///f CbjVo* Bvidjes- Number of Pages: - KT 5e/t//CgS Co * Signer(s) Other Than Named Above: Signer's Name: D Individual A Capacity(ies) Claimed by Signer(s) Signer's Name: LUdVrtu SprCLjuA. C? Individual , _ . , nvua /• ^ Corporate Officer — Title(s): 1/t'ce rft6iqe*\l ^Corporate Officer — Title(s): |//ce. D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 I, Gretchen M. Umbeck, the undersigned Secretary of P & D Consultants, Inc., (the "Company") hereby certifies that: the Company is duly organized and existing under the laws of the State of Delaware as a corporation and the following is a true, accurate and complete transcript of a board consent contained in the minute book of the Board of Directors of said Company executed as of the 17th day of August, 2007; is authorized to transact business hereinafter described, and that the consent was in accordance with the charter and by-laws of said Company and that said resolutions have not been amended or revoked and are in full force and effect: RESOLVED, that Michael A. Benner and Warren Sprague, Vice Presidents of the Company, be and are hereby authorized and empowered to sign any and all documents on behalf of said Company, and to take such steps, and do such other acts and things, as in their judgment may be necessary, appropriate or desirable in connection with any contract amendments entered into between the City of Carlsbad, a municipal corporation and Cotton Bridges Associates, a Division of P & D Consultants, Inc. RESOLVED, that any and all transactions by and of the officers of representatives of the Company, in its name and for its account, with California County prior to the adoption of these resolutions be, and they are hereby, ratified and approved for all purposes. Witness my hand and seal of P & D Consultants, Inc. this 17th day of August, 2007. jdretclien M. Umbeck, Secretary (D TCB AECOM P&D Consultants 999 Town & Country Road, 4th Floor, Orange, California 92868 T 714.835.4447 F 714.285.0740 www.tcb.aecom.com JUL 2007 July 6, 2007 Mr. Van W. Lynch Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Scope of Services Amendment - La Costa Town Center EIR Dear Mr. Lynch: P&D Consultants (P&D) is pleased to provide the City of Carlsbad (City) with this proposed amendment to our existing scope of services for the La Costa Town Square Environmental Impact Report (EIR). The proposed scopes of services amendment has been developed based on recent discussions between P&D and the City, and is detailed in the tasks outlined below. All tasks are necessary to revise the draft EIR based on recent developments of the proposed project and to ensure that the environmental documentation is adequately updated to reflect the most recent regulatory requirements. The scope and costs outlined below assumes that the description of the proposed project has been slightly altered to reflect minor revisions to the proposed project. Task 1: Revision of the traffic section of the EIR with revised traffic technical report P&D understands that a revised traffic technical report has been drafted. P&D shall incorporate the revised traffic technical report, including all relevant tables and figures, into the EIR traffic section. Task 2: Update URBEMIS and CO2 Hot Spot analyses and revision of the air quality section of the EIR based on revised traffic technical report P&D will rerun the URBEMIS model as well as re-model the CO2 Hot Spot analysis for incorporation into the EIR air quality section. The City notified P&D (then CBA) in December 2004 that the project proponent had determined that rock blasting and crushing activities are necessary for construction of the proposed project. The re-run of the URBEMIS air quality model will include these activities and determine the level of significance of these additional construction activities. The results of the revised URBEMIS 2002 air quality model will be integrated into the air quality section of the EIR. In addition, P&D will: review the City's General Plan and San Diego Air Pollution Control District's AQMP for consistency; update ambient air quality data; update and revise, as needed, the existing setting and sensitive receptors; review and update all regulatory data, as needed; and, review established mitigation measures, updating/revising as necessary. Note: Our amendment request assumes that the City/project applicant will provide P&D with the following spatial and temporal information pertinent to rock blasting and crushing activities: the estimated location(s) of both rock blasting and crushing operations on the project site; the estimated amount of material (in tonnage and/or cubic yards) to be blasted and crushed; the estimated location and means of stockpiling the material blasted/crushed Page 2 Mr. Van W. Lynch July 6, 2007 (if proposed); the estimated timing (duration and hour) of the rock blasting and crushing activities on the project site. Task 3: Revision of the noise section of the EIR based on new noise technical report It is assumed that the City will request that the project applicant's noise consultant (Pacific Noise Control) to update/revise the noise technical report based on the revised traffic technical report. Based on our review, it does not appear that the noise technical report included discussion/analysis of potential noise impacts related to rock blasting and crushing activities during project construction. This analysis should be incorporated into the revised noise technical report. P&D will update the noise section of the EIR to incorporate the revised noise technical report. Note: Our amendment request assumes that the City/project applicant shall provide P&D with the revised noise technical report to include a discussion/analysis of rock blasting/crushing activities during project construction. Task 4: Revision of cumulative effects and executive summary based on changes to the traffic technical report, air quality modeling, and noise technical report P&D will revise the Long-Term Environmental Impacts section (cumulative effects) and the Executive Summary of the EIR based on the amended traffic, air quality, and noise analysis (see Tasks 1 through 3 above). Task 5: Update and Review EIR Based on our discussion with the City, P7D understands that existing technical reports, including: paleontological resources, biological resources, hydrology/hydraulics (including an analysis to ensure that requirements from the recent Vineyards case are met), and geotechnical will be updated. P&D will utilize these updates to confirm that the existing information contained in the EIR section is adequate or update the section based on the updated information. In addition, P&D will review and update the remaining sections of the draft EIR to ensure that existing conditions are properly reflected and that all new or revised regulatory requirements are adequately addressed. Task 6: Project Management and Meetings For initial budgeting purposes, we estimate about 44 hours associated with processing the EIR through City staff. This will include our on-going coordination with City staff, responding to questions from staff that may arise during the review process and coordination during revisions and subsequent submittal of the screencheck document. P&D proposes to meet with City staff and/or the applicants consultants on project related matters up to four times during the drafting and processing of the EIR. Each meeting is assumed to be located at the City's offices lasting two hours. Additional meetings can be accommodated by P&D if requested by the City. Any additional meetings beyond those identified above will be invoiced on a time and materials basis. Task 7: Global Warming Analysis P&D will conduct an analysis of the proposed project's potential global warming impacts. In 2006, California passed Assembly Bill 32- Global Warming Solutions Act of 2006 (AB 32). AB 32 is designed to reduce the state's global warming emission to 1990 levels by the year 2020. P&D recommends that the EIR address the issue of global warming. This analysis will include: 1) a general summary of state policy and the state's view of the science addressing global warming; 2) a statement that no universally accepted methodologies yet exist to quantify global warming impacts associated with vehicular emissions, but some attempt will be made to quantify these emissions based on emerging models; TCB AECOM Page 3 Mr. Van W. Lynch July 6, 2007 3) a conclusion that implementation of the proposed project will cause a cumulatively considerable incremental contribution to the significant cumulative (worldwide) impacts; and 4) mitigation measures will be evaluated for feasibility and proposed in the EIR, although the mitigation will likely be insufficient to render the impacts less than significant. Cost Estimate A detailed cost estimate based on individual task is presented in Attachment 1 for the City's review and approval. Please contact me at your earliest convenience if you have any questions regarding our proposed amendment. We look forward to a favorable consideration of this request and seek your immediate authorization to continue our work. Authorization for the amended scope of services may be provided immediately by signing both copies of this letter and returning one copy to P&D. Sincerely,Authorization /arren Sprague Vice President Attachment (1) City of Carlsbad TCB AECOM Attachment 1 Cost Estimate - La Costa Town Center EIR Budget Amendment Hourly Rate: Task 1.0 Revise EIR traffic section with new traffic report 1 .1 Integrate revised (March 2007) traffic report into EIR Total Task 1.0 Task 2.0 Revise EIR air quality section 2.1 Re-run URBEMIS air quality model with rock blasting/crushing and Hot Spot analyses 2.2 Integrate air modeling results into EIR air quality section Total Task 2.0 Task 3.0 Revise EIR noise section 3.1 Integrate revised noise report into EIR Total Task 3.0 Task 4.0 Revise EIR cumulative effects and executive summary 4.1 Update cumulative effects/exec, summary based on new traffic/air/noise Total Task 4.0 Task 5.0: Update and Review EIR 6.1 Review/Update existing Draft EIR Total Task 5.0 Task 6.0: Project Management and Meetings 7.1 Project Meetings (Assumes 4 meetings @ 2 hours each) 7.2 Project Management Total Task 6.0 Task 7.0: Global Warming Analysis 8.1 Analysis of proposed projects global warming impacts Total Task 7.0 TOTAL ALL TASKS Staff Hours $250 $125 $9 Principal- Project Pro in-Charge Manager Plar 2| 12 5 $80 ect Tech./ iner Graph. $80 Word Proc. 24 8] 8 , ,-4s*«>- ,,s***.-'~ 4| 10|30] 4| 4 '-.,$>••. :S*^'; . ..".;,.,, ?,ff'~f 2 10|12| 4| 4 -o^r •;,-" -.'"•••-•• , , .. • 2J 10|16| 4| 4 -' • ' ,-^:" , - ".'-.,r'!vf *•§!*>'•"•' 8| 60 1 ••:-,, «» , 8 8 12 32 120| 8| 8 s " ^""^^y^ * ts '^,/ 0-, s<lK. -**-' *" 2| 10| 40 1 152| 36| 4| 4 238 1 32 32 Labor Cost $7,482 $7,482 "-'**& $5,270 $5,740 $11,010 ii^ifttj\,' $3,530 $3,530 $3,910 $3,910 .,., $22,180 $22,180 $3,000 $7,000 $10,000 $5,810 $5,810 $63,922 TCB AEG ^ AMENDMENT NO. 2 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON LA COSTA TOWN SQUARE - EIR 01 -02 THIS AGREEMENT, made and entered into as of the day of , 2005, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City,” and Cotton Bridges Associates, a Division 1 74h + of P & D Consultants, Inc. hereinafter referred to as “Consultant”, shall serve to amend the previous contract dated March 6,2003, attached hereto. All provisions of the original contract, as amended, shall remain in effect, except the Work Program referenced in Section l(a) shall be amended to include the additional work outlined in the Consultant‘s revised proposal, dated April 8, 2005, attached hereto, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $9,960.00 for the additional work, making the maximum fees payable a total of $190,082.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: Cotton Bridges Associates CITY OF CARLSBAD, a munici- pal corporation of the State of APPROVED AS TO FORM: City Attorney Approved Version 0311 7/04 TCB 1 AECOM P&D Consultants 8954 Rio San Diego Drive, Suite 610, San Diego, California 92108 T 619 291 1475 F 619 291 1476 www tcb aecom corn April 8, 2005 Mr. Van W. Lynch Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Scope of Services Amendment - Revised Notice of Preparation for the La Costa Town Square EIR Dear Mr. Lynch: P&D Consultants (P&D) is pleased to provide the City of Carlsbad (City) with this proposed amendment to our existing scope of services for the La Costa Town Square Environmental Impact Report (EIR). The proposed scopes of services amendment has been developed based on recent discussions between P&D and the City, and is detailed in the tasks outlined below. Tasks 1 and 2 are necessary to revise the draft EIR based on recent developments of the proposed project. It should be noted that P&D has reviewed the pending scope of services amendment request we made on January 24, 2005; the tasks outlined below have been developed and are proposed in light of approval of the January amendment request. Task 1 : Preparation and Recirculation of a Revised Notice of Preparation The City recently informed P&D that the project description for the La Costa Town Square has undergone revision since the project kick-off meeting. In coordination with the City, P&D has suggested that the Notice of Preparation (NOP) be revised to reflect the proposed land use changes; the NOP would also require re- circulation to public agencies and interested parties through the State Clearinghouse. P&D will coordinate with the City to provide a revised Project Description for distribution (by the City) to the State Clearinghouse. (A revised draft Project Description will be prepared and submitted to the City for reviewlcomment. City comments will be incorporated into the final draft Project Description and remitted to the State Clearinghouse). Preamble language to the NOP section of the EIR will be revised with discussion about the original NOP comment period as well as the revised NOP comment period. Comment letters generated during the re-circulated NOP comment period will be included with other NOP comment letters in the draft EIR. Note: This proposal assumes minimal additional comment from the revised NOP; identification of environmental impact issues not currently covered under our scope of services agreement may warrant additional authorization. Finally, the City has advised P&D that the original project description shall be included in neither the Alternatives section of the EIR, nor as a project description option (requiring subsequent analysis throughout the EIR). Page 2 Mr. Van W. Lynch April 8, 2005 Task 2: Revise the EIR and Technical Reports Based on Revised Project Description P&D proposes to revise the applicable sections of the EIR based on the revised Project Description (outlined in Task 1 above). The applicable sections include, but may not be limited to: Air Quality; Noise; Traffic/Circulation; Land Use and Planning; Aesthetics; Cumulative Impacts; Alternatives; Executive Summary. As outlined in our scope of services amendment request of January 24, 2005, P&D proposed to update the Air Quality, TrafficlCirculation, and Noise sections based on the revised traffic report of December 2004. Although the City has yet to officially authorize this amendment request, the City has indicated to P&D that the amendment request will be approved in the near future. Assuming authorization of the January 24, 2005 amendment request is provided, P&D will apply the cost estimate/work hours towards the EIR revision based on a forthcoming, revised traffic report. Still, P&D must allocate some additional work hours/cost estimate to update other sections of the EIR (Le., Aesthetics, Land Use and Planning, Public Services and Utilities, Parks and Recreation) based on the revised Project Description, as well as for a complete re-write of the Air Quality technical report. Cost Estimate A detailed cost estimate based on individual task is presented in Attachment 1 for the City’s review and approval. Please contact me at your earliest convenience if you have any questions regarding our proposed amendment. We look forward to a favorable consideration of this request and seek your immediate authorization to continue our work. Authorization for the amended scope of services may be provided immediately by signing both copies of this letter and returning one copy to P&D. Sincerely, Authorization 7- ohn E. Bridges, FA1 Managing Principal Attachment (1 ) City of Carlsbad TCB 1 AECOM Attachment 1 Cost Estimate - La Costa Town Center EIR Budget Amendment HourlyRate: I Staff Hours $205 I $125 I $85 I $65 I $65 Principal- I Prqect I Prqect I Tech./ I Word Labor 'Amount prevlous y budgeted m ihe PBD Consultank amendment request of January 24,2005 AMENDMENT NO. 1 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH COlTON BRIDGES ASSOCIATES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON THIS AGREEMENT, made and entered into as of the 4 rd day of %'?RAeh , 2005, by and between the CITY OF CARLSBAD, a municipal LA COSTA TOWN SQUARE EIR 01 -02 corporation, hereinafter referred to as "City," and Cotton Bridges Associates, a Division of P & D Consultants, Inc. hereinafter referred to as "Consultant", shall serve to amend the previous contract dated March 6, 2003, attached hereto. All provisions of the original cont , except that as outlined in the Consultant's revised proposal, dat the Work Program referenced in Section I (a) shall be amended to include the additional work outlined therein, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $24,657.00 for the additional work, making the maximum fees payable a total of $180,122.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: Cotton Bridges Associates CITY OF CARLSBAD, a munici- Name of Contractor (sign Me) V ATTEST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version 03/17/04 January 24,2005 Mr. Van W. Lynch Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 CottodBridgedAssociates A Division of P&D Consultants RIO SAN DIEGO PLAZA 8954 RIO SAN DIEGO DRIVE /r- - --- .-r ”T 2- ,,’.- , ’ /?,\ SUITE610 ,fo - %‘\ SAN DIEGO, CALIFORNIA 92108 RE: Scope of Services Amendment - La Costa Town Center EIR DearMr. Lynch: The following provides a description of the Cotton/Bridges/Associates (CBA) proposed amendments to the scope of services related to the preparation of the La Costa Town Center Environmental Impact Report (EIR). The amendments have been developed based on recent discussions between CBA and the City of Carlsbad (City) and are detailed in the tasks outlined below. Tasks 1 through 4 are necessary to revise the draft EIR based on recent developments of the proposed project. Task 5 is optional and provided for the City’s consideration based on discussions with the City and a recent court decision. Task 1: Revision of the traffic section of the EIR with revised traffic technical report CBA has received a revised traffic technical report fkom Willdan, Inc. dated December 14, 2004 (with additional amendments to be provided in February 2005). CBA shall incorporate the revised traffic technical report, including all relevant tables and figures, into the EIR traffic section. Task 2: Revision of the air quality section of the EIR based on new construction information The City notified CBA in December 2004 that the project proponent has determined that rock blasting and crushing activities are necessary for construction of the proposed project. CBA proposes to re-run the URBEMIS 2002 air quality model to determine the level of significance of these additional construction activities. (CBA will rely on the professional services of Giroux & Associates to quantify the potential air impacts related to rock blasting and crushing activities). The results of the revised URBEMIS 2002 air quality model will be integrated into the air quality section of the EIR. Note: Our amendment request assumes that the City/project applicant will provide CBA with the following spatial and temporal information pertinent to rock blasting and crushing activities: the estimated location s of both rock blasting and crushing Bli AN AECOM COMPANY operations on the project site; the estimated amount of material (in tonnage and/or cubic yards) to be blasted and crushed; the estimated location and means of stockpiling the material blastedcrushed (if proposed); the estimated timing (duration and hour) of the rock blasting and crushing activities on the project site. Task 3: Revision of the noise section of the EIR based on new noise technical report The City has requested that the project applicant’s noise consultant (Pacific Noise Control) revise the noise technical report to include discussiodanalysis of potential noise impacts related to rock blasting and crushing activities during project construction. CBA will revise the noise section of the EIR to incorporate this additional discussiodanalysis. Note: Our amendment request assumes that the City/project applicant shall provide CBA with the revised noise technical report to include a discussion/analysis of rock blasting/crushing activities during project construction. Task 4: Revision of cumulative effects and executive summary based on changes to the traffic technical report, air quality modeling, and noise technical report CBA will revise the Long-Term Environmental Impacts section (cumulative effects) and the Executive Summary of the EIR based on the amended traffic, air quality, and noise analysis (see Tasks 1 through 3 above). OPTIONAL Task 5: Revision of cumulative effects to include the list method of other projects within City of Carlsbad boundaries Currently, CBA is scoped to provide an analysis of cumulative effects based solely on the Regional Growth Projections method. During conversations with the City of Carlsbad and based on recent court decisions (i.e., Bakersfield Citizens for Local Control v. City of Bakersfield, filed 12/13/04 with the 5~ Appellate Court of Appeals), CBA recommends expanding the cumulative effects analysis by employing both methods. Using both the list method and the Regional Growth Projections method will ensure that all forecasted potential cumulative projects in the localhegional vicinity of the proposed project are included in the EIR. This task has been provided as an optional work order in the attached budget that may be selected for inclusion in the proposed scope amendment by signing the additional authorization entitled OPTIONAL Tusk 5. Cost Estimate A detailed cost estimate based on individual task is presented in Attachment 1 for the City’s review and approval. Please contact me at your earliest convenience if you have any questions regarding our proposed amendment. We look forward to a favorable consideration of this request and seek your immediate authorization to continue our work. Authorization for the amended scope of services may be provided immediately by signing both copies of this letter and returning one copy to CBA. (Note: Two authorizations are requested of the City: one for Tasks 1 through 4 and the other for OPTIONAL Task 5). Sincerely, John E. Bridges, FAICP Managing Principal Attachments (1) Authorization (Tasks 1 through4): City of Carlsbad Authorization (OPTIONAL Task 5): City of Carlsbad Attachment I Cost Estimate - La Costa Town Center EIR Budget Amendment Staff Hours PrincipaC I Project I Project I Tech./ I Word Hourtybte: 5205 I 5125 I 585 I 565 I 565 Labor I I inChame I Manaaer I Phnner I GraDh. I Pmc. I Cost 1 2.1 Rerun URBEMIS air quality model with rock blastinglcrushing I I $3,000 2.2 Integrate URBEMIS results into EIR air quality section 21 101 121 41 41 $3,200 AGREEMENT WITH COTTON BRIDGES ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR 01-02) THIS AGREEMENT, made this 2 day of flH&'H ,20&3, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Cotton Bridges Associates, a Division of P & D Consultants, Inc. hereinafter referred to as "CONTRACTOR. RECITALS WHEREAS, the CITY has entered into an agreement with La Costa Town Square LLC. hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as La Costa Town Square (CT 01-09 et.al) which is located on the northeast corner of Rancho Santa Fe Road and La Costa Avenue and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR 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. CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare an Environmental Impact Report on the subject project in accord with the California Environmental Quality Act as implemented by the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its 1 Rev. 08-08-97 implementing resolutions. In carrying out this obligation the CONTRACTOR'S duties shall include the following: (a) The CONTRACTOR shall, consistent with the Work Program contained in Attachment 2, (1) make all necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory tests and analyses; (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 requirements of this section. Before preparing the draft report, the CONTRACTOR shall submit five copies of a preliminary report (screen check EIR) to the Planning Director for staff review. The CONTRACTOR shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. (b) CONTRACTOR shall prepare a draft report in compliance with the Work Program contained in Attachment 2 on file at the Planning Department (unless otherwise stated in this agreement), attached hereto and made a part hereof and with applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY fifty copies plus a reproducible master of the draft Environmental Impact Report to the CITY. (c) CONTRACTOR shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONTRACTOR shall so inform the Planning Director who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. 2 Rev. 08-08-97 (d) CONTRACTOR shall prepare and file with the CITY written responses to all comments received subsequent to public notice that the draft Environmental Impact Report has been filed. CONTRACTOR shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Environmental Impact Report. 2. CITY OBLIGATIONS (a) The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY will make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposed project. (c) The CITY will review the Preliminary Report presented by the CONTRACTOR within fourteen working days of their receipt and make written comments to the CONTRACTOR within that time period. (d) The CITY shall provide the CONTRACTOR with copies of all written comments received on the draft Environmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather conditions may delay the completion of field work. The CONTRACTOR will be allowed as many additional days as are necessary to compensate for days lost due to inclement weather. The CONTRACTOR shall submit to the CITY five copies of the Preliminary Environmental Impact Report within six weeks 3 Rev. 08-08-97 of the signing of this agreement by both concerned parties. The CONTRACTOR shall submit to the CITY fifty copies of the draft Environmental Impact Report within ten working days of the completed staff review of the Preliminary Environmental Impact Report. 4. PAYMENT The CONTRACTOR will be paid a maximum of One Hundred Fifty-five Thousand Four Hundred sixty-five dollars ($ 155,465) 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 3 on file at the Planning Department. The CONTRACTOR shall be paid within 30 days, in response to monthly invoices based on the percentages of the tasks completed according to Attachment 3. The final 10 percent will be paid, not to exceed the maximum amount provided in its agreement, within 30 days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City Council. 5. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum of One Hundred Fifty-five thousand Four Hundred sixty-five dollars ($ 155,465) which amount is estimated to be sufficient to compensate the CONTRACTOR for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONTRACTOR 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 One Hundred Fifty-five Thousand Four Hundred sixty- five dollars ($ 155,465) without appropriate amendment to this agreement. 4 Rev. 08-08-97 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR 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 CONTRACTOR 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 according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the Planning Director who will inform a principal of the CONTRACTORS 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, provided such changes are processed according to the procedures in this paragraph. 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting 5 Rev. 08-08-97 from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT The CtTY may terminate this agreement at any time by giving written notice to the CONTRACTOR of such termination and'specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the services completed to the date of notice of determination. IO. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the CONTRACTOR or the CITY Planning Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of 6 Rev. 08-08-97 resolution which would be of benefit to both parties. The CITY Planning Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. CLAIMS AND LAWSUITS The CONTRACTOR agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The CONTRACTOR acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR acknowledges that California Government Code Sections 12650 et sea., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrative debarment proceeding wherein the CONTRACTOR may be prevented to act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debarment by another jurisdiction is 7 Rev. 08-08-97 ity of Carlsbad to disqualify the CONTRACTOR from the selection (Initial) The- provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.3502Jand 3.32.08 pertaining to false claims are incorporated herein by reference. 7% (Initial) 12. STATUS OF THE CONTRACTOR The CONTRACTOR shall perform the services provided for herein in CONTRACTORS own way as an independent contractor and in pursuit of CONTRACTORS independent calling, and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in the request for proposal. The persons used by the CONTRACTOR to provide services under this agreement shall not be considered employees of the CITY for any purposes whatsoever. The CONTRACTOR is an independent contractor of the CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensation to which the CONTRACTOR is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONTRACTOR or hislher employees or subcontractors. The CITY shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the CONTRACTOR or hislher employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for 8 Rev. 08-08-97 work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and CONTRACTORS that are included in this agreement. 13. OWNERSHIP OF DOCUMENTS All documents and materials prepared pursuant to this agreement 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. 14. REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 15. RELEASE OF INFORMATION BY CONTRACTOR Any reports, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organization by the CONTRACTOR without prior written approval of the CITY. 16. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly 9 Rev. 08-08-97 employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CONTRACTORS indemnification of City shall not be limited by any prior or subsequent declaration by the CONTRACTOR. 17. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 18. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by CONTRACTOR, the CONTRACTOR 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 employee or contractual relationship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor of the 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. 19. 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 10 Rev. 08-08-97 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. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or 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 shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 21. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph 10, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk 11 Rev. 08-08-97 in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. INSURANCE The CONTRACTOR shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-V" and shall meet the City's policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. CONTRACTOR shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CONTRACTORS work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' 12 Rev. 08-08-97 Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. CONTRACTOR shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation. 2. The CONTRACTOR shall furnish certificates of insurance to the City before commencement of work. 3. The CONTRACTOR shall obtain occurrence coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the CONTRACTOR fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the CONTRACTOR in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The CONTRACTOR is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR under this agreement. 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the CONTRACTOR in connection 13 Rev. 08-08-97 For Contractor: with the foregoing are as follows: For City: Title: Plannina Director Name: Michael J. Holzmiller Address: 1635 Faradav Avenue Carlsbad CA 92008 Title: Project Manaaer Name: Tim Gnibus Address: 8954 Rio San Dieqo Drive. Suite 61 0 San Dieao CA 92108 - ArchitecVLicense Number: NIA ArchitecVLicense Number: NIA 26. BUSINESS LICENSE CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharges except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. ... ... ... 14 Rev. 08-08-97 Executed by CONTRACTOR this &% day of CONTRACTOR: CITY OF CARLSBAD, a municipal Cotton Bridges Associates, corporation of the State of California A Division of P & D Consultants, Inc. (Name of Contractor) - I ATTEST: &%yrnflz. Y%5yFs3flw (print name/tltle) (Proper notarial acknowledgment of execution by CONTRACTOR must be attached). (Chairman, president or vice-president and secretaty, assistant secretary, CFO or assistant certified by the secretary or assistant secretary under corporate seal empowering the officer(s) treasurer must sign for corporations. Otherwise, the corporation must attach a resolution signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. PALL, City Attorney 15 Rev. 08-08-97 Om &Q-+.L+~- am3 be Notary Public, pdsonally appeared [ ] personally known to me - or [ ] p be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislhedtheir signature(s) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - STATE OF CALIFORNIA COUNTY OF SAN DlEGO On before me, /E/Ed Notary Public, personally appeared 0- e n/-- [ ] personally known to me - or [A provid to me on the basis of satisfadory evidence to be the person(s) whose name@) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature@) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. ~ WITNESS my hand and official seal. &/&, (Signature of Notary) ATTACHMENT 1 c LA COSTA TOWN SQUARE EIR 01 -02 . ,,, , ,. ,.. ,,,/, , , : , . , , . , . , . ,, . ,,,, , , ,, , , , , ,, , ,,, , ,., , This scope of work describesthe sp&it'tasks@ionl&idges/Associates (CBA) proposes to perform in preparing the EIR for the proposed La Costa fown,Square projeci (herein after referred to as "the project") based on our current understanding of the project and scope of environmental,is$es. This scope of services has been tailored to meet the processing requirements and level of effort typicallyrequired for preparing ElRs for the City of Carlsbad. The EIR will be prepared in accordance with CEQA, the Carlsbad Environmental Protection Ordinance, and the City of Carlsbad "Required Format and Contents of an task Environmental Impact Report for the City of Carlsbad." Task objectives, work products, and methods are described for each Technical Studies Our scope of work assumes that the technical studies listed in the City's November 25, 2002 Request for Proposals will be provided to CBA in a timely manner. These studies include, but are not limited to the following key reports: Hydrology and Hydraulic Study (O'Day) Biological Resources Study and Focused Survey (RECON) Noise Assessment (Pacific Noise Control) Traffic Study (WPA Traffic Engineering) Cultural Resources Study (RECON) GeotechnicaVSoils Study (GeoSoils) Paleontological Resources Study (San Diego Natural History Museum) Final Program EIR for the Villages of La Costa Master Plan (T&B Planning Consultants) Other reference documents cited in the November 25, 2002 RFP For purposes of our scope, we assume that the technical reports have been prepared to the satisfaction of the City of Carlsbad and CBA for purposes of preparing the EIR. We also assume that the technical consultants will be responsible for making revisions (if required) as a result of City comments on screencheck ElRs and/or CBA review of the documents. We will provide third-party technical review of key studies; however, our scope of work does not include revising these technical reports or supplementing the information contained within these reports to make them adequate. We will obtain signed statements of responsibility for each of the technical reports prepared for the EIR and include these statements in the appendices. Task 1 .O Project Initiation The purpose of this task is to initiate preparation of the EIR with the City and prepare a project description for the proposed project which will provide the foundation of the EIR analysis. Subtask 1.1 Kickoff Meeting CBA will meet with the City to initiate preparation of the EIR. The purpose of the meeting is to discuss the scope and definition of the project, status of technical report completion (if applicable), and overall project schedule. CottonlBridgeslAsociates 999756.0180 1 La Costa Town hare EIR City of Carlsbad Subtask 1.2 Inspect Project Area CBA will survey the project area and surrounding vicinity to generally identify the existing environmental conditions including land use, infrastructure, drainage, vegetation and topography, as well as other environmental issues directly applicable to the project site. For this task, we assume that arrangements can be made to obtain access to the site. Subtask 1.3 Review Documents CBA will review necessary information related to the project available from the City of Carlsbad as identified in the Request for Proposal. These documents include project plans, previous environmental documents, technical studies prepared for the project, and other available studies relevant to the project area. Subtask 1.4 Cumulative Related Projects To identify cumulative impacts, related projects must be defined early in the EIR process. CBA will work with the City to prepare a draft and final list of related projects that will need to be considered in the cumulative analysis. CBA will also identify assumptions regarding regional growth forecasts and General Plan buildout, absorption rates, and other factors important in estimating cumulative impacts. Subtask 1.5 Project Description A detailed draft project description will be prepared by CBA based on the proposed project plans and submitted for review by the City. This step is to ensure that we understand all aspects of the project before beginning detailed environmental analyses of the project in the EIR. The project description will include the project location, potential interaction with nearby projects, related actions associated with the project, the relationship of the project to local and regional plans, and a list of the agencies required to act on the project proposals and their necessary approvals. The project description will also include the project objectives, a statement of benefits that may accrue, and what needs are met by the project. The project objectives and statement of justification will be prepared by CBA after consultation with the City staff. A final project description will be prepared which incorporates revisions based on City review of the draft project description. Maps and figures will be provided as applicable to support the textual descriptions of the project. Subtask 1.6 Initial Study/ Notice of Preparation (NOP) The City of Carlsbad will be responsible for preparation and distribution of the Initial Study and Notice of Preparation for the EIR. CBA will review a draft of each of these documents to ensure issues are properly identified and discussed and the documents are prepared consistent with CEQA requirements. Task 1 .O Work Products: 0 Draft Project Description (3 copies) Final Project Description (3 copies) Draft Cumulative Projects List (3 copies) Final Cumulative Projects List (3 copies) Cotton/Bridges/Associates 999756.0180 2 La Costa Town Square EIR City of Carisbad Task 2.0 First Screencheck EIR The purpose of this task is to prepare a complete screencheck EIR for review by the City. The document organization described is designed to meet the requirements of CEQA, the CEQA Guidelines, the Carlsbad Environmental Protection Ordinance, and the City of Carlsbad "Required Format and Contents of an Environmental Impact Report for the City of Carlsbad." The screencheck ElRs will be complete documents, providing all text, tables, and figures. The following structure and content will be used for the EIR: IntroductionlSummary The Introduction/Summary will include: 1) project synopsis: 2) summary of significant impacts and mitigation measures that reduce the significant impacts; 3) project alternatives; 4) areas of controversy; 5) issues to be resolved by the decision making body. The Summary will be formatted to clearly identify appropriate agency findings with regard to mitigation measures and significant effects of the project in each environmental issue area analyzed. This will be accomplished by providing the summary of impacts and mitigation measures in a tabular format listing the environmental impacts identified for each environmental issue area, recommended mitigation measures, and level of significance after mitigation. (Exhibits: Project Maps, Project Description Table, Environmental Impacts and Mitigation Measures Table, and Comparison of Alternatives Table.) Section 1 .O Project Description The project description will provide a detailed description of the proposed project. This section will include a description of the project location in a local and regional perspective, project objectives, intended uses of the EIR and discretionary actions associated with the project, environmental setting, and availability of reports. (Exhibits: Regional Setting Map, Project Location and Boundaries Map, Project Plans and Figures, Aerial Photograph, others as appropriate) Section 2.0 Environmental Setting Section 2.0 will provide a general environmental setting of the proposed project. This section will describe baseline conditions, resources unique to the region, and consistency with regional plans. A more detailed environmental setting will be provided within each impact section. Section 3.0 Significant Environmental Impacts Section 3.0 of the EIR will provide the detailed environmental analysis for each of the environmental issues examined in the EIR. The format of each environmental section (e.g., land use, traffic, air quality) will be: existing conditions, thresholds of determining significance, analysis of project effects and determination as to significance, mitigation measures, and conclusions. The following issues will be analyzed in the EIR: Section 3.1 Land Use. The project site is located in an area of the City that is presently experiencing the effects of a major capital improvement project - the realignment and widening of Rancho Santa Fe Road. The proposed project involves Amendment, Tentative Map, Site Development Plan, and Hillside Development Permit. The area is partially surrounded by approval of a General Plan Amendment, Amendment of the La Costa Master Plan, Zone 11 Local Facilities Management Plan developed land and property which has project applications on file that are being reviewed/have been approved. The adoption of a Habitat Conservation Plan/Open Space Management Plan for the property has established the areas to be preserved and those areas which may be developed. Existing General Plan Land Use Map designated Open Space will be realigned to maintain an open space buffer between the commercial and residential land uses. CottonlBridgeslAssociates 999756.0180 3 La Costa Town Square EIR City of Carlsbad Land use impacts will be described in terms of existing and proposed land uses on the site with a focus on: a) land use compatibility (i.e., types of uses and scale, development intensity, infrastructure, and pattern of development) between the proposed use and surrounding uses, either existing or planned; b) consistency with existing plans and policies for the site: and c) consistency with other adopted plans, ordinances and policies as applicable. The land use compatibility evaluation will focus on the compatibility of the project with adjacent residential development to the west and south. The land use section will provide an evaluation of the project's consistency with the General Plan, HCPlOSMP and implementation agreement, Zoning Ordinance including Hillside Development regulations, Planned Community Zone and Growth Management Chapter: Landscape Manual, Open Space and Conservation Resource Management Plan, La Costa Master Plan, and Subdivision Regulations. Section 3.2 TransportationlCirculation. The proposed project will result in the generation of additional traffic in the area. CBA will use the traffic report prepared by WPA Traffic Engineering for the project (La Costa Town Center Traffic Study, dated February 26, 2001) and reviewed for adequacy by RBF under separate contract to the City, to address: a) project- traffic impacts to street segments and intersections potentially impacted by the proposed project. CBA will, in close specific traffic generation; b) impacts to intersections and street segments in the vicinity of the project site: and c) cumulative coordination with City Staff, utilize the WPA report and develop the traffic section of the EIR to: a) Analyze project impacts to the point of the street network where project related traffic is 20% or more of total traffic; b) Identify LOS for the road segments and intersections for the current, near-term and build-out scenarios as it relates c) Ensure conformance against SANTEC/ITE Guidelines (including CMP analysis) for traffic impact studies in the San d) Coordinate the traffic section with the assumptions made within the City's latest build-out traffic model: e) Review the TM and site plan exhibits and identify any potential conflicts for intersection sight distance and vehicular fJ Identify any potential project impacts to areas outside the City and if the project requires any mitigation measures; g) Ensure that all required mitigation measures identified in the report, TM and site plan are included in the EIR for the h) Include vehicular traffic, public transportation, bike and pedestrian circulation system potential hazards and parking to the proposed project: Diego region; decisions associated with the project, using Caltrans standards: project; and analysislissues in the EIR. Section 3.3 Air Quality. Development of the project site can be expected to result in an incremental increase in local and regional air pollution. Short-term and long-term impacts to air quality will result from project implementation. Impacts to air quality will be described and analyzed in terms of a) project emissions from vehicular (short-term, long-term and buildout) and stationary sources: b) construction-related emissions: c) impacts on sensitive receptors: and, d) relation tolcompliance with existing state and federal standards, and SDAPCD Regional Air Quality Strategy and existing land use assumptions. CBA will utilize the URBEMIS2001 for air quality modeling program to estimate vehicular and energy emissions. Vehicle trip, electricity and gas emissions will be projected. Emissions after implementation of mitigation measures will be estimated to address significant air quality impacts by selecting appropriate mobile and stationary source mitigation measures. The environmental setting will discuss criteria pollutants regulated by the San Diego Air Pollution Control District (SDAPCD) and the Environmental Protection Agency (EPA), as well as monitored ambient levels of criteria pollutants in the project vicinity. CBA will also evaluate the potential for carbon monoxide "hot spots" and their potential impacts to nearby existing and future sensitive receptors. Our scope includes preparing CO "hot spot" analysis for up to six intersections for one traffic scenario actions such as dust control measures during construction, local transit improvements to enhance station access, and (e.g., buildout conditions). Potential mitigation measures will vary by criteria pollutant and emission source, but could include amenities to encourage non-motorized or electric vehicle access modes. Section 3.4 Noise. Future development of the project site will result in short-term construction noise and long-term noise Avenue is likely to be the primary noise source affecting the project, although the proposed amphitheater may also create associated with traffic generation and urban uses. Vehicular noise generated from Rancho Santa Fe Road and La Costa CottonlBridgeslAssociates 999756.0180 4 La Casta Town Square EIR City of Carlsbad noise impacts. CBA will conduct a third-party review, and will utilize the noise analysis and findings prepared by Pacific Noise Control for preparation of this section of the EIR. CBA will also assess the relationship between project noise impacts and policies of the City's Noise Element to ensure that proposed mitigation measures do not conflict with the General Plan. Section 3.5 Paleontological Resources. The project site is underlain by geological formational materials that have a potential to contain fossils. We will utilize the paleontological resources study prepared by the Natural History Museum (February 20, 2001) in order to prepare this section of the EIR. CBA will complete a third party review of the report for accuracy and incorporate its findings into the EIR. Section 3.6 Biological Resources. The project site is located within an area that contains sensitive biological habitat that will be impacted by proposed development. Additionally, an HCP and implementation agreement were approved for the property in 1995. CBA will utilize the biological resources reports and focused surveys prepared by RECON (March 16, 2001 and July 6, 2001) to prepare this section of the EIR, if no flaws are found. We will conduct a third-party review of the biological resources report and focused surveys to ensure that potential biological impacts have been properly addressed, including evaluating the methodologies and conclusions, and mitigation measures. This third-party review will include one field visit (one day) by an in-house biologist to verify field conditions are correctly identified on the biological resources maps, but does not include any additional protocol surveys or permitting. We will also review the approved HCP and implementation agreement and evaluate potential impacts to endangered, threatened or rare species and their habitat, with special focus on any which were not evaluated under the HCP and could require additional mitigation. Light and glare impacts on the preserve areas will also be analyzed. Section 3.7 HydrologylWater Quality. The proposed project will result in additional surface runoff as a result of the creation of impervious surfaces including commercial/office development, residential home sites and roadways. CBA will conduct a third-party review of the technical studies prepared by O'Day Consultants (February 12, 2001). CBA will review all reports prepared for the site and surrounding area and discuss impacts to hydrology describing: a) increased runoff associated with proposed development and the corresponding impact to off-site facilities and the downstream watershed (Le., Batiquitos Lagoon); b) impacts of increased runoff on existing drainage improvements; c) physical improvements to control runoff proposed within the project; d) impacts to groundwater, if any, related to the proposed detention basin; and e) surface water quality impacts associated with construction and long-term conditions and NPDES permit compliance. Section 3.8 Geology and Soils. The project will result in development on currently vacant land. While no major geotechnical issues are known within the project site, there may be localized geological and/or soils conditions that will need to be evaluated. CBA will perform a third-party review of and utilize the two geotechnical evaluations prepared by GeoSoils, Inc. as the basis of the geology and soils section of the EIR if no flawslinadequacies are found. In particular, CBA will examine the report in terms of unstable soils, remedial earthwork, landslides, rocky soils, fault rupture, seismic ground shaking, subsidence, settlement, surcharging, liquefaction, proposed slope stability, and groundwater impacts. Evaluation will also include the need for blasting and its effect on adjacent properties. Section 3.9 Hazards. The project site is located in an area subject to wildland fire, flooding from failure of the Mahr Reservoir Dam, electromagnetic fields related to high voltage electrical transmission lines, and blasting for site grading. The EIR will address the potential impacts of those hazards on the project. To complete this section, CBA will review the Village of La Costa Master Plan and its EIR for discussion of dam failure, contact the City's Fire Marshall to identify level of wildland fire risk, review and analyze the GeoSoils geotechnical evaluations for blasting effects, and contact San Diego Gas & Electric and EPA sources for assessment of electromagnetic field impacts. Section 3.10 Visual AestheticsIGrading. The proposed project involves cut and fill slopes in an area of changing topography. Computer-modeled visual simulations will be prepared of the project site that depict the existing conditions, proposed graded pads, and the graded pads with the proposed maximum building heights depicted. A total of three view locations will be modeled. Impacts associated with landform alteration will be analyzed for compliance with the City's Hillside CottonlBridgeslAssociates 999756.0180 5 La Costa Town Square EIR City of Carlsbad Development Ordinance. Development of the site will also generate new sources of light and glare and CBA will also analyze such impacts. Section 3.1 1 Public Services and Utilities. Development of the proposed project may result in an increase in demand for public services and utility systems, including: a) water; b) reclaimed water; c) sewer; d) gas and electric; e) police protection; f) fire protection; g) schools; and h) solid waste. The EIR will address project impacts on the above public services and utilities in terms of the increase in demand the project places on services and utilities, as well as the environmental impact associated with the expansion or construction of new facilities required to serve the project. provided in the LFMP 11 plan for preparation of this section. We assume that the hydraulic model and sewer study will be For purposes of our scope of work, we have assumed that we can rely on the public services and facilities information that is provided in the LFMP 11. Section 4.0 Project Alternatives As described in the CEQA Guidelines, CBA will prepare an EIR that describes a reasonable range of alternative to the project, focusing on alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of insignificance. CBA will examine up to four alternatives within the EIR. These alternatives are tentatively defined as the "No Project" alternative, an Existing General Plan+Existing Master Plan+HCP alternative, an environmentally superiorlreduced impact alternative, and an alternative sites analysis. The specific description of alternatives will be based on discussion and agreement between the City and CBA. (Exhibits: Matrix comparing environmental effects of alternatives, graphic exhibits of alternatives as appropriate) To allow will include a matrix comparing the relative impacts of each alternative and a narrative description of the environmental decision makers to easily weigh the advantages and disadvantages of the alternatives compared to the proposed project, CBA advantages and disadvantages of each alternative. Section 5.0 Long-Term Environmental Impacts This section will identify the potential cumulative effects resulting from this project, and other known projects identified by City staff. All cumulative effects will be discussed in this section to clearly separate the project effects from effects which are only significant when combined with effects of other projects. This section will also address growth-inducing impacts, significant irreversible environmental changes resultant from project implementation, and significant environmental effects which cannot be avoided if the proposed project is implemented. The growth-inducing section will address the potential of the proposed project to either directly or indirectly induce economic or population growth in the surrounding environment. The phasing of community services and facilities to serve the new development and the potential for the development to use large amounts of fuel or energy are also discussed. Potential growth inducing impacts will be assessed in terms of the project's compliance with local and regional growth management policies. The EIR will also address significant irreversible environmental changes associated with implementation of the project, such as the use of nonrenewable resources and the irretrievable commitment of the resources. A subsection of this section of the EIR will also identify areas of significant impact that based on the analysis contained within the EIR cannot be reduced to a less than significant level. Section 6.0 Environmental Impacts Found to be Not Significant This section will address the impacts found to be not significant as part of the EIR process and the impacts found not to be significant during the Initial Study. CottonlBridgeskociates 999756.0180 6 La Casta Town Square EIR City of Carlsbad Section 7.0 References This section will identify organizations, persons and documents consulted in preparation of the EIR. Section 8.0 List of Persons who Prepared the EIR Firms and individuals involved in the preparation of the document will be identified in this section. Task 2.0 Work Products: First Screencheck EIR and Appendices (5 copies) Task 3.0 Second Screencheck EIR The City will review the first screencheck EIR and Appendices and identify revisions in the form of a single marked-up copy of the documentlappendices indicating all desired changes, corrections and areas for expansion, etc. CBA will prepare a second City screencheck EIR and appendices incorporating City's comments on the first screencheck EIR, as well as a first draft of the Mitigation Monitoring and Reporting Program. A separate draft Mitigation Monitoring and Reporting Program will be prepared and will include monitoring team qualifications, specific monitoring activities, and a reporting system for evaluating the success of mitigation measures. Task 3.0 Work Products: Second Screencheck EIR, Appendices and Mitigation Monitoring and Reporting Program (5 copies) Task 4.0 Draft EIR The City will review the second screencheck EIRlappendiceslMMRP and prepare revisions in the form of a single marked-up copy of the document indicating all desired changes, corrections and areas for expansion, etc. CBA will incorporate City comments on the second screencheck EIR, appendices and MMRP into a public review Draft EIR. The will be responsible for the distribution of the Draft EIR to public agencies and other interested parties. public review Draft EIR, including appendices and MMRP, will be printed and copies will be prepared for distribution. The City CottonlBridgeslAssociates 999756.0180 7 La Costa Town Square EIR City of Carlsbad Task 4.0 Work Products: Draft EIR, Appendices and Mitigation Monitoring and Reporting Program 25 copies 3-ring binders 20 copies spiral bound 1 unbound reproducible copy 5 copies CD ROM' *We assume the technical reports can be provided to CBA in an electronic format. Task 5.0 Responses to Comments and Screencheck Final EIR CBA will prepare responses to comments received on the Draft EIR during the 45-day public review period. We have provided this project based on the size and location of the project. This estimate will need to be refined based on the actual volume and a budget estimate for preparation of responses to comments that assumes a moderate amount of controversy with respect to complexity of the comments received on the Draft EIR. A final set of responses to comments incorporated in a screencheck Final EIR will be prepared incorporating revisions identified by the City. Task 5.0 Work Products: Screencheck response to comments (10 copies) Final responses within a Screencheck Final EIR (10 copies) Task 6.0 Final EIR Based on comments received by City staff on the screencheck Final EIR, CBA will prepare the Final EIR document for consideration by the Planning Commission and City Council. Following receipt of City direction for any modification to the screencheck Final EIR, the Final EIR will be prepared including the following changes to the Draft EIR: Revised cover page; Introduction to Final EIR; Revised table of contents; Project Overview; Revised text of ElRs incorporating changes; List of Comments Received on the Draft EIR; and, Comments received and responses to comments on the Draft EIR. Task 6.0 Work Products: Final EIR and Appendices 25 copies 3-ring binders 20 copies spiral bound 1 unbound reproducible copy 5 copies CD ROM' CottonlBridgeslksociates 999756.0180 8 La Costa Town Square EIR City of Carlsbad Task 7.0 Findings of Fact (FF) and Statement of Overriding Considerations (SOC) This task will involve the preparation of draft Findings of Fact pursuant to the CEQA Guidelines for significant environmental effects of the project, and a draft Statement of Overriding Considerations, if required, for City Council action. Based on comments received by City staff on the draft Findings of Fact and Statement of Overriding Considerations, CBA will prepare the Final Findings and Fact and Statement of Overriding Considerations document for consideration by the City Council. Task 7.0 Work Products: Draft Findings/SOC (1 0 copies) Final FindingslSOC (10 copies) Task 8.0 Meetings and Hearings Subtask 8.1 City Staff Meetings CBA will attend meetings with the City staff to facilitate preparation of the EIR, resolve issues, and review screencheck documents. The attached budget spreadsheet identifies the hours assumed for this task. We have budgeted for 7 staff meetings and one public scoping meeting. Subtask 8.2 Hearings The CBA project manager and/or principal will also attend hearings before the Planning Commission and City Council to provide expert testimony on the EIR. Our cost estimate assumes a total of two (2) Planning Commission and two (2) City Council meetings. The attached budget spreadsheet identifies the hours assumed for this task. Cost Estimate A detailed cost estimate is attached indicating project personnel, hours by task, labor cost and estimated expenses. Our budget estimate is $1 55,465. For all items described in the scope of work with the exception of changes in project description will be provided within the budget shown. unanticipated and unbudgeted effort in responding to Draft EIR comments, additional meetings and document copies, services Cotton/Bridges/ksociates 999756.0180 9 La Costa Town Square EIR City of Carlsbad ATTACHMENT 3