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HomeMy WebLinkAboutHall Land Company; 2005-12-06;AMENDED AGREEMENT BETWEEN CITY AND HALL LAND COMPANY FOR PAYMENT OF EIR CONSULTANT - MARINERS COVE - EIR 05-04 THIS AGREEMENT, made and entered into as of the .day of , 2006, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Hall Land Company, hereinafter referred to as "APPLICANT", shall serve to amend the previous contract dated, December 6, 2005, attached hereto. All provisions of the original contract shall remain in effect, except that as outlined in the Consultant's revised proposal, dated October 17, 2006, attached hereto, the Work Program referenced in Section 2 shall be amended to include the additional work outlined therein, and the fee payable by Applicant as referenced in Sections 4 of the contract shall be increased by Ten Thousand, Six Hundred, and Seventy-Five dollars ($10,675.00) for the additional work, making the maximum fees payable a total of Ninety Seven Thousand, One Hundred, and Forty-Four dollars ($97,144.00). IN WITNESS WHEREOF we have hereunto set our hands and seals. APPLICANT: Hall Land Company CITY OF CARLSBAD, a municipal corporation of the State of California Bv^ City Manager or Mayof ATTEST: (sighnbre) //v Michael T. Hal) frtj-idcrrt (print name/title By: (sign here) (print name/title) APPROVED AS TO FORM: RONALD R/By^LL, City Attorney Bv: T /Assistant City Attorney City Attorney Approved Version 03/17/04 1 9 8 0 , U I October 17, 2006 Mr. Christer Westman Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 SUBJECT: MARINER'S COVE - SCOPE OF WORK AND COST AUGMENTATION REQUEST FOR TRAFFIC ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES Dear Mr. Westman: BRG Consulting, Inc. (BRG, Vendor #V010196)) is providing this scope of work and cost augmentation request to the City of Carlsbad regarding the additional traffic engineering services that were requested by the City. This scope of work and cost augmentation request is proposed to amend the existing Agreement dated December 6, 2005 between the City and BRG. In the Request for Qualifications (September 6, 2005), traffic was not identified as an environmental issue area to be included in the EIR. BRGs original scope of work and cost estimate did not include meetings, discussions or incorporation of a traffic report into the EIR. Upon further review by the City, it was determined that a traffic study would be needed. Subsequently, Hallmark Communities identified that a traffic letter report had previously been prepared for the proposed project. The City reviewed the traffic letter report and determined that additional analysis would be needed. After several rounds of review and discussion between the City's traffic engineers and LOS Engineering Inc., a final scope of work was developed and is provided below. The most recent correspondence by City staff requested the analysis of roadway segments and intersections where 20% of the project traffic is anticipated to travel. The project with 40 multi- family units is calculated to generate a total of 320 Average Daily Trips (ADT), of which 20% equals 64 ADT. Normally the number of study segments and intersections requires a magnitude of 10 times that level of project traffic; however, it appears that the issue at hand is the extent of potential traffic impacts to the surrounding neighborhood. Thus, LOS Engineering's proposal includes the analysis of 6 segments and 3 intersections all of which are located in the surrounding local neighborhood. BRG Consulting, Inc. • Environmental Planning and Impact Assessment • Land Use Planning and Permitting 304 Ivy Street • San Diego, California • 92IOI-2030 • 619-298-7127 FAX 619-298-0146 October 17, 2006 C. Westman Page 2 Scope of Work - Traffic Study (LOS Engineering, Inc.) Task 1: Project Initiation and Data Collection 1) Coordinate with BRG and/or development team to learn the project objectives. 2) Coordinate or meet with the City of Carlsbad to scope the project analysis requirements. 3) Collect Average Daily Traffic (ADT) volumes (24-hour machine counts) at the following locations: a. Hillside Dr. between Tamarack and Park Dr. b. Park Dr. between Hillside Dr. and Neblina Dr. c. Park Dr. between Neblina Dr. and Valencia Ave. d. Park Dr. between Valencia Ave. and Alondra Way e. Park Dr. between Alondra Way and Kelly Dr. f. Kelly Dr. between Hillside Dr. and El Camino Real 4) Collect or obtain AM and PM peak hour intersection counts at three (3) locations in the project area, which include: a. Park Dr./Neblina Dr. b. Park Dr./Valencia Ave. c. Park Dr./Alondra Way 5) Visit the project site including the surrounding area to note existing conditions with respect to: intersection control, intersection lanes, intersection signal phasing, street widths, street types, surrounding parking restrictions, and any other needed traffic control information. 6) Obtain relevant information from approved traffic reports for all short-term approved or agency requested cumulative projects. Cumulative projects are other projects that are planned but not completed but would generate traffic upon opening. Task 2: Near-Term Analysis 1) Determine the existing peak hour Level of Service (LOS) at the key intersections using either an Intersection Capacity Utilization (ICU) ratio or the 2000 Highway Capacity Manual (HCM) methodology for City intersections and on the street segments using the agency's table. 2) Prepare a traffic generation forecast for the project on an AM and PM peak hour and ADT basis using applicable traffic generation rates. Assign the project traffic onto the surrounding roadway network. I October 17, 2006 C. Westman Pages 3) Determine the traffic generation, distribution, and assignment for all the short-term approved or agency requested cumulative projects required for analysis by the agency. 4) Determine the intersection and roadway segment LOS for the study scenarios of existing, existing + project, and existing + project +cumulative conditions. 5) Document the potential significant traffic impacts of the project based on the agency's criteria. 6) Document measures required to mitigate the calculated project traffic impacts, if mitigation measures are applicable. lh7) Prepare a corner, sight distance analysis at the project driveways based on the 85 percentile speeds along the project frontage. lh 8) Document traffic calming, speeding, and accidents along Park. Document the 85 percentile speeds at three locations along Park, conduct field work, provide a list of possible speed reduction measures, and include a table summarizing the City's documented accidents along Park. 9) Incorporate the City's intersection warrant analyses at Park/Valencia, Park/Neblina, and Park/Alondra into the traffic study. 10) Include a chapter on haul routes and construction traffic. Prepare intersection and segment LOS calculations with the anticipated construction traffic. 11) Document and discuss the reduced roadway improvement of 40 feet on Park Drive. 12) Include a chapter for parking on-site, on the cul-de-sac adjacent to the project, and estimate the parking demand for the trail users. Task 3: Report and Meetings 1) Submit a draft traffic report to BRG for review. Make editorial changes if requested by BRG and submit to the City. 2) Three hours are designated for meeting, hearing, or conference call time. The proposed cost estimate to provide traffic-engineering services is Seven Thousand, Nine Hundred and Twenty Five Dollars ($7,925.00). LOS Engineering, Inc. proposes be reimbursed at the following rates for the tasks described above, inclusive: 1) Meetings shall be billed on a time and materials basis, portal to portal, at $125 per hour. 2) Expenses, with the exception of mileage, shall be billed at cost plus 10 percent. October 17, 2006 C. Westman Page 4 3) Mileage shall be billed at a rate of $0.50 per mile. BRG Scope of Work In the Request for Qualifications (September 6, 2005), traffic was not identified as an environmental issue area to be included in the EIR. BRGs original scope of work and cost estimate did not include meetings, discussions or incorporation of a traffic study into the EIR. BRG has been providing project management services in the development of the traffic report scope of work. BRG proposes to continue providing project management services during preparation of the traffic study and will incorporate the traffic study into the EIR for a cost not-to- exceed Two Thousand, Seven Hundred and Fifty Dollars ($2,750.00). This cost includes time for the Principal, Project Manager, and Environmental Analyst. The total cost augmentation request associated with the additional traffic related work is for a cost not-to-exceed Ten Thousand, Six Hundred, and Seventy-Five Dollars ($10,675.00). We would not exceed the agreed upon budget without your prior authorization, and would conduct other specific tasks upon your request and authorization. BRG Consulting will invoice on a monthly basis for costs incurred during the preceding 30 days, according to the terms and hourly rates of the December 6, 2006 agreement with the City. Invoices are payable upon receipt. Sincerely yours, BRG CONSULTING, INC. Patrick O'Neill Project Manager AGREEMENT BETWEEN CITY AND APPLICANT (Hall Land Companv) FOR PAYMENT OF EIR CONSULTANT FOR EIR 05-04 THIS AGREEMENT is made this day ofbd 20 c, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and HALL LAND COMPANY hereinafter referred to as "APPLICANT". RE C I TAL S WHEREAS, the APPLICANT has filed with the CITY a request for approval of a proposed project identified as EIR 05-04/CT 04-27/SDP 04-17/CP 04- 121HDP 05-04 - MARINERS COVE requiring an Environmental Impact Report; and WHEREAS, CITY has determined that its current staff is inadequate in number to process the Environmental Impact Report in a timely and thorough manner; and WHEREAS, APPLICANT in order to ensure the expeditious processing of said Environmental Impact Report desires to pay to CITY the amount necessary to hire a CONSULTANT. NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: 1. The CITY will engage the firm of BRG CONSULTING, INC. hereinafter referred to as "CONTRACTOR" to perform the necessary work in the processing and monitoring of the Environmental Impact Report for that area more particularly depicted upon a site map attached as Attachment 1 and made a part of this agreement. 2. It is understood that the CONTRACTOR services shall conform to 1 Rev. 07/31 100 the Proposal attached as Attachment 2 and made a part of this agreement, and may require: a) Field exploration; b) c) Written reports; and d) Such other work necessary to properly evaluate the Weekly communication with the City staff; proposed project as directed by the Planning Director. 3. It is understood that the CITY will direct the CONTRACTOR to complete a draft and final Environmental Impact Report at the earliest feasible time. The CITY will advise the APPLICANT in writing of any impacts that may render the proposed project infeasible within a reasonable time after CITY has received the CONTRACTOR 's conclusions in writing. 4. The APPLICANT shall pay to the CITY the actual cost of the CONTRACTOR 's services. Such cost shall be based on the costs set forth in Attachment 3. The APPLICANT has advanced the sum of Eighty-six thousand four hundred sixty-nine dollars ($86,469.00) as payment on account for the actual cost of the CONTRACTOR'S services. In the event it appears, as the work progresses, that said sum will not be sufficient to cover the actual cost, the CITY will notify the APPLICANT of the difference between the amount deposited and the new estimated cost. CITY will ensure, to the extent feasible, that no further work will be performed by the CONTRACTOR incurring an obligation beyond the amount advanced without an appropriate amendment to this Agreement. If the actual cost of preparing the report is less than the APPLICANT'S advance, any surplus will be refunded to APPLICANT by CITY. 2 Rev. 07/31/00 5. It is understood that the CONTRACTOR shall be an independent contractor of the CITY and CITY shall not be liable for any negligent acts or omissions of the CONTRACTOR. The APPLICANT agrees to permit the CONTRACTOR to enter upon his property and to perform all work thereon as the CONTRACTOR deems necessary to complete the Environmental Impact Report. It is agreed that the APPLICANT will not interfere with the CONTRACTOR in the performance of such work or attempt to influence such CONTRACTOR during the course of his investigation and report. 6. It is understood that the CITY will attempt to bring the Environmental Impact Report to Planning Commission as soon as possible, barring no delays from the APPLICANT. 7. The City shall not be required to defend any third party claims and suits challenging any action taken by the City with regard to any procedure or substantive aspect of the City’s environmental process and approval of development of the property. If the City, in its sole and absolute discretion defends such action or proceeding, the Applicant shall be responsible and reimburse the City for whatever legal fees and costs, in their entirely, may be incurred by the City in defense of such action or proceeding. The City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate. Applicant shall reimburse the City for any award of court costs or attorney fees made against City in favor of any third party challenging either the sufficiency of a negative declaration or EIR or the validity of the City’s approval of the application. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 3 Rev. 07/31 100 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this 3Iw day of &fO&Gc , 2006. APPLICANT: HALL LAND COMPANY .- .A$ (print name hereltitle) CITY OF CARLSBAD, a municipal corporation of the State of California titi Manager ATTEST: U By: (sign here) (print name hereltitle) (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant Secretary under corporate seal empowering the ofXcer(s) 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. BALL, City Attorney 4 Rev. 07/31/00 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On OCfO~ 3/. das before me, &k-& E. fd446~7 Notary Public, personally appeared /1/1cc~~rZL J. ,4~ LL I [Gfpersonally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare 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. ($ignature of Notaw