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HomeMy WebLinkAbout06/18/1991, 8 - CONSULTANT SERVICES FOR THE BROAD STREET ANNEXATION ENVIRONMENTAL IMPACT REPORT (EIR). lllll�lylll�lllllnlll�IIIIII MEETING DATE: . NN II I��u�l city or san tuts oBispo - - � - -- %- COUNCIL AGENDA REPORT ITEM NUMBER: FROM• Arnold Jonas, Community Development Directpr; By: Jeff Ho � iate Planner SUBJECT: Consultant services for the Broad Street Annexation Environmental Impact Report (EIR) . I CAO RECOMMENDATION: By motion, approve and authorize the Citv AdmLnistrative Officer to execute a contract with John L. Wallace and Associates in the amount of $21,920 for preparation of the Broad Street Annexation EIR, and authorize the Finance Director to transfer funds to cover the EIR costs. DISCUSSION The Council Work Program for Fiscal Years 1991-1993 includes the Broad Street annexation as a priority project. Administration and Community Development Department staff have been working with property owners to keep them informed and address their concerns as the city re-initiates the former "Southern California Gas Company Annexation. " A key step in the. annexation process is to update the previous EIR. Although the Final EIR was completed in January 1987, the annexation was continued indefinitely, and the EIR was never certified. Due to the EIR's age as well as changes to "existing conditions", the California Environmental Quality Act requires that the EIR be substantially revised. To expedite production of the EIR, staff asked John L. Wallace and Associates, the original EIR consultant, to submit a proposal for updating the EIR. The attached workscope and schedule were prepared with staff's input, and will provide a complete, updated document in time for the city to proceed with the annexation process in Winter 1991. This approach is the most efficient for the city in terms of time and cost, since the original consultant is familiar with the annexation and relevant environmental issues. Under the City' s Purchasing and Control procedures, contracts for professional services costing more than $10, 000 normally involve a competitive selection process. John L. Wallace and Associates was originally selected to prepare the . previous EIR following a competitive selection process. In contracting to update the EIR, the council may vary from this procedure where a consultant's special expertise or city needs warrant. Due to the council 's desire to move forward with the Broad Street Annexation as soon as possible, and due to the consultant's familiarity with the annexation and related issues, staff supports contracting with John L. Wallace and Associates without going through a bid selection process again. r I �111�1�Nd1�►IIIIIIIII��' ���lil city of san L .js OBlspo COUNCIL AGENDA REPORT I Staff Report Page 2 FISCAL IMPACT Consultant's EIR services $21,920 '• Printing and Miscellaneous S 1,800 I Total EIR cost $230,720 The preliminary 1991-93 Financial Plan and Budget includes $20, 000 for this work. Therefore, it is recommended that the 1991-93 Financial Plan be amended to reflect therevised cost for this EIR ($23,720) . The recommended action would accomplish this. ALTERNATIVES I 1. Do not approve the contract with John L. Wallace and Associates, and direct staff initiate a competitive selection process for EIR consultant services. This would take about eight weeks to ten weeks to advertise, receive, and screen consultant proposals; or I 2 . Continue the request with direction to staff or the consultant on changes or additional information needed. I I i i ! Attachment: -Consultant Services Agreement I i r CONSULTANTIS SERVICES AGREEMENT This agreement, made this day .of 1991, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City") , and John L. Wallace and Associates, (hereinafter referred to as "Consultant").. WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with the proposed Broad Street Annexation. The services being provided by this consultant under this contract are preparation' of a revised draft and final EIR on the Broad Street Annexation; and WHEREAS, City desires to engage Consultant to provide services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. city. The Community Development Director shall be the representative of the city for all purposes under this agreement. The director, or his designated representative, Jeff Hook, Associate Planner is hereby designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. b. Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Consultant. John L. Wallace is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute. Project Manager for any reason, the Consultant Services Agreement Page 2 Project Manager designee shall be subject to the prior written acceptance and approval of the director. Consultant's Project Team is further described in Exhibit "A" attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "A" shall not be changed except by prior approval of City. 2. DUTIES OP CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. b. duality Control. All instruments of service shall reflect high standards of professional research, analysis, and written and graphic communication. Community Development Director shall be responsible for evaluating quality of work and for the issuance of consultant payments upon satisfactory delivery, completion, and city acceptance of work. b. Laws to be observed. Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself fully informed of all existing �- y Consultant Services Agreement Page 3 and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the . services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. Ce Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. d. copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to O 'J Consultant Services Agreement Page 4 what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. 3. DUTIES OF CITY City agrees to cooperate with consultant and to perform that work described in Exhibit "A" attached hereto and incorporated by this reference. 4. COMPENSATION The Consultant will perform the work as described in Exhibit "A". Consultant will bill City on a payment schedule as specified in Exhibit "A." City will pay this will within 30 days of billing. The Consultant may not charge more than the amount shown in Exhibit "A" without prior approval of the City's Project Manager. S. TIME FOR COMPLETION OF THE- WORK Program scheduling shall follow the schedule in Exhibit "A" unless revisions to the chart are approved by the City's Project Manager and project's Management Consultant. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. TEMPORARY SUSPENSION The Community Development Director shall have the authority to Q� Consultant Services Agreement Page 5 E suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION; TERMINATION a. Richt to suspend or terminate. The city retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Consultant .shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement. Such materials shall become the permanent Consultant Services Agreement Page 6 property of .City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. S. INSPECTION Consultant shall furnish city with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve . Consent of any of its obligations to fulfill its agreement as prescribed. 9. OWNERSHIP OF MATERIALS All original drawings, plan documents and other materials .prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. 10. INDEPENDENT alMGMENT Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 4 1 �r 6 Consultant Services Agreement Page 7 11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES: This agreement is for the performance of professional consulting environmental assessment services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. 12. NOTICES All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addresses as follows: To City: City Clerk' s Office == City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403-8100 To Consultant: John L. Wallace and Associates 1458 Higuera Street San Luis Obispo, CA 93401 13. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have Consultant Services Agreement Page 8 any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: 1. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or corporation i. caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; 2. Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; 3 . Any and all claims and demands which may be made against City, its officers, agents; or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful Consultant Services Agreement Page 9 misconduct of City, its officers, agents, or employees; 4. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the misuse of any apparatus, appliance, or materials furnished by Consultant under this agreement; and 5. Any and all penalties imposedlor damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to sole negligence on the part of the Consultant. Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to sole negligence of the • Consultant. 15. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation i Consultant Services Agreement Page 10 or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. INSURANCE Consultant shall provide proof of comprehensive general liability insurance ($500, 000) (including automobile) and professional liaibility insurance ($250,000) satisfactory to the City. 17. AGREEMENT BINDING The terms, covenants, and conditions of !this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSTS AND ATTORNEYFS FEES The prevailing party in any action between the parties to this �'-ice Consultant Services Agreement Page 11 agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Twenty-five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as ,damages for said breach of contract, or both. only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If Consultant is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Consultant shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or �-l3 i Consultant Services Agreement Page 12 suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Consultant is found to have been in such noncompliance as damages for said breach of contract, or both. 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and year first above written. CONSULTANT By L. Jo W L. Wallace and .Associates CITY OF SAN LUIS OBISPO By John Durso., .City Administrative Officer Attachments: Exhibit "A" JOHN L. WALLACE & ASSOCIATES CONSULTING CIVIL ENGINEERS June 6, 1991 Mr. Arnold Jonas Director of Community Development City of San Luis Obispo Post Office Box 8100 San Luis Obispo, California 93403-8100 Attn: Mr. Jeff Hook Dear Mr. Jonas: Subject: Proposal for Consulting Services, Broad Street Annexation - Environmental Impact Report (EIR) In October 1986, John L. Wallace & Associates (JLWA) completed a Draft Focused Environmental Impact Report (DEIR) for the proposed Southern California Gas Company annexation. The DEIR was prepared in order to evaluate the proposed annexation and pre-zoning of an 78-acre site in unincorporated County territory, located south of the City along Highway 227 . Existing uses within the annexation area included several retail establishments, a mini-storage, and California Cooperage, along with several other businesses and residences. The applicant at that time, (Southern California Gas Company) , wished to amend the City's land use element of the General Plan, from rural industrial and interim conservation open space, to ser- vice commercial and light industrial. The City also intended to pre-zone the parcels to commercial service, commercial retail, and neighborhood commercial. The DEIR focused on development poten- tial, traffic and circulation, water and sewer service, drainage and infrastructure financing and administration. The "no project" alternative included the analysis of the environ- mental impact of developing the property under the current County zoning if annexation did not occur. The DEIR further evaluated the requested pre-zoning, as well as a City staff modified pre-zoning. SUMMARY OF PREVIOUS STUDY Under the evaluation for traffic impacts, the environmental impacts resulting from traffic generation in the annexation area were judged to be significant under any of the three developmental scenarios, such that street improvements were recommended to miti- gate these impacts. 1458 HIGUERA STREET"SAN LUIS OBISPO,CALIFORNIA 93401 " (805)544-4011 • FAX(805)544-4794 Mr. Arnold Jonas June 6, 1991 Page Two With regard to water and sewer service, the impact of development on the City's water and sewer facilities was significant, such that mitigation measures were recommended for each scenario. It was also noted, that the City was at it's limit of the safe yield from its existing water sources, and if supplemental water was obtained, the impact of the added demand to serve the annexation area would be insignificant. If the City did not obtain supplemental water, the additional water demand would be a significant adverse impact. With respect to drainage, the impacts of the development were judged to be significant, and would require mitigation measures for improvements to reduce the significant impacts on the drainage within the area. With regard to existing building deficiencies and infrastructure financing, the impact on annexation was significant because costly changes to existing structures were required to meet current City Building and Fire Code requirements. Certain mitigation measures were identified to lessen the cost impact. There were also signif- icant infrastructure improvement fees recommended in order to provide water and sewer service to the annexation area. In conclusion, the environmentally superior alternative appeared to be annexation of the area under the City staff's modified zoning scenario. We now understand that the annexation is to be reconsidered with the City as applicant. This has triggered a review of the environmental impacts caused by annexation of the area, and there is a need to update the previously prepared DEIR for any changed circumstances with respect to the proposed project and to its impacts on the environment. SCOPE OF WORK As discussed with Mr. Jeff Hook of your office, the City is re- questing this proposal in order to update the previously prepared DEIR to address the changed circumstances with both the proposed project as well as the impact of the project on the environment. Since the original DEIR was written, some other factors have dev- eloped which will require further analysis, namely the County is now on a non-attainment status with respect to air quality and therefore the project's air quality issues will be evaluated. In addition, AB 3180 now requires a Mitigation Monitoring program to monitor the implementation of the mitigation measures adopted through the certification of the environmental impact report. A Mr. Arnold Jonas June 6, 1991 Page Three draft mitigation monitoring program will be prepared so that it could be incorporated into the project's conditions as appropriate, at the conclusion of the annexation process. Considering the above, JLWA proposes to provide the following services: 1. Water: Update the previous DEIR with respect to the impact of the project on the City's available water supply and infrastructure considering what the City has planned or constructed since the time that the original DEIR was written. 2 . Sewer: In the same manner as described for water, we will evaluate the impact of the project on the proposed expansion of the City's wastewater treatment plant as well as the sewer infrastructure facilities serving the property. 3. Traffic: Utilizing available studies (including the City's recently completed city wide transportation study) we will review the impact of traffic generated by the project on the circulation facilities in the area. We will focus on the internal circulation requirements, as well as the project's impact on the recently agreed upon plan line width for Broad Street improvements, and the need for a deceleration lane and common driveways. This effort will be assisted by the use of the computer model generated by DRS Associates in conjunction with Crawford, Multari and Starr's report for the city-wide transportation study completed in July of 1990. It is assumed that a determination of traffic impact fees will not have been made by the time that the DEIR is completed and therefore a detailed fee impact analysis will not need to be performed. 4. Air Quality: The project will be analyzed for its effect on air quality within the area through the use of the Air Resources Board's URBEMIS No. 3 computer model. We will identify any significant impacts over Aix Pollution Control District thresholds as determined by this model and recommend appropriate mitigation measures. INFORMATION TO BE SUPPLIED BY THE CITY It is anticipated that the city will provide: 1. All available information regarding the application and sup- porting materials for the general plan amendment and rezoning. Mr. Arnold Jonas June 6, 1991 Page Four 2 . An evaluation of allowed uses under the currently proposed General Plan amendment and rezoning. 3. Any pertinent City correspondence, policy documents, develop- ment file information and database information concerning the project. 4 . Access to, and assistance with, the evaluation of the traffic impacts through the City's traffic model previously prepared by DRS Associates. 5 . Any impact fee studies with respect to water, sewer, drainage and traffic as recently completed or adopted by the City. 6. Staff assistance in reviewing the draft document for confor- mance to City standards and policies, with respect to the annexation areas. Staff assistance in reviewing the con- sultant's response to interested parties and public agencies that comment on the DEIR. SCHEDULE AND FEES As discussed with Mr. Jeff Hook, we believe that the following schedule will provide for the preparation of the DEIR: Approximate Completion Estimated Time Date o Consultant Contract Executed June o DEIR Draft Completed 8 weeks August o Staff Review DEIR 2 weeks September o Incorporate Staff Comments 2 weeks September o Prepare Camera Ready Copy for 2 weeks October Public Comment, DEIR Submitted to the City o Printing, Publication 7 weeks November and Public Comment o Response to Comments 4 weeks December o Council Action on DEIR 3 weeks December The estimate of fees to provide these services on a "cost not-to- be-exceeded" basis is $21,920. This cost provides for JLWA to deliver a camera ready copy for the City's use in printing the final document for circulation and comment. The fees also include two formal meetings with staff during the preparation of the DEIR and my attendance at two public meetings. This fee also includes the necessary work to respond to comments at approximately the same Mr. Arnold Jonas June 6, 1991 Page Five level of effort (25 hours) as experienced on the previous DEIR. Work required which exceeds that amount by 15% will be billed on an hourly basis in accordance with the attached Fee Schedule. Additional work not called for in the above scope of work would be only performed upon authorization by the City, and will be billed on an hourly basis in accordance with the attached Fee Schedule. Payment for the work performed under this contract would be billed on an hourly basis each month, but would not exceed the following percentages of the overall, not-to-exceed fee. o Execution of contract, plus 30 days 20% o DEIR completed and submitted to staff for review 70% 0 Staff Comments incorporated and submittal of camera ready copy 85% 0 Response to comments completed 95% o City Council action on DEIR (or a maximum of 60 days after response to comments completed) 100% TERMS AND CONDITIONS In order to insure a clear understanding in all matters relating to our mutual responsibilities under this proposal the attached Stand- ard Terms and Conditions, dated June 6, 1991, are a part of our agreement. We have found these to be appropriate for use with agreements for the provision of consulting services and they would prevail in the absence of other written agreements. If this proposal meets with your approval, please have an author- ized agent for the City sign where indicated below and return one original to our office to serve as our authorization to proceed. Thank you for considering our firm for this work and appreciate the opportunity to continue to be of service. Sincerely, JOHN WALLACE & ASSOCIATES TERMS AND CONDITIONS • John L. Wallace Principal Signature Enclosure da:P-282 Title Date JOHN L. WALLACE & ASSOCIATES CONSULTING CIVIL ENGINEERS SCHEDULE OF FEES Effective through December, 31, 1991 Personnel Compensation: o Principal . . . . . . . . . . . . . . . $ 80.00 o Senior Engineer . . . . . . . . . . . . $ 70.00 o Registered Civil Engineer . . . . . . . $ 60.00 o Assistant Civil Engineer . . . . . . . $ 50.00 o Senior Drafter. . . . . . . . . . . . . $ 40 .00 o Drafter. . . . . . . . . . . . . . . . $ 35 .00 o Secretary . . . . . . . . . . . . . . . $ 25.00 Direct Expenses: Reimbursement of direct expenses incurred in connection with the work will be at cost plus 15% for work and services requested by the Client, including but not limited to: o automobile at $0.30 per mile; o lodging and meals; o long distance telephone, telegram, and data transmission; o postage and other delivery charges; o cost for outside professional consultants required for the work; o materials required for the job and used in drafting and allied activities including printing and reproduction costs. Interest Charges: Interest of 1.5% per month will be charged on all outstanding balances of 90 days or more. AE 1458 HIGUERA SMM•SAN LUIS OBISPO,CALIFORNIA 93401 • (805)544-4011 • FAX(805)544-4294