HomeMy WebLinkAbout2006/10/17 Item 5
COUNCIL AGENDA STATEMENT
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Item No.:
Meeting Date: 10/17/06
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista approving a
three-party agreement between the City of Chula Vista; PCR Services
Corporation (PCR), Consultant; and McMillin atay Ranch, LLC,
Applicant, related to preparation of an Environmental Impact Report for
the Eastern Urban Center Sectional Planning Area (SPA) Plan, and
authorizing the Mayor to execute said agreement.
Director of Planning an2Uil~JO~
Interim City Manager JI 7' (4/5ths Vote: Yes---.-No---X-)
SUBMITTED BY:
REVIEWED BY:
McMillin atay Ranch, LLC (Applicant) has filed a SPA Plan application for the Eastern Urban
Center (EUC). The Environmental Review Coordinator has determined that the proposed project
requires the preparation of an Environmental Impact Report (EIR). The item before the City
Council is a request for the City Council to approve the proposed Applicant funded contract with
PCR for an amount not to exceed $581,757.50 to provide consultant services for the preparation
of the EIR for the proposed project.
RECOMMENDATION:
That the City Council adopt a Resolution approving a three-party agreement between the City of
Chula Vista; PCR, Consultant; and McMillin atay Ranch, LLC, Applicant for consulting services
related to the preparation of an EIR for the EUC SPA Plan, and authorizing the Mayor to execute
said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
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The Applicant has submitted an application for the processing of the EUC SPA Plan. Pursuant the
California Environmental Quality Act (CEQA) the Environmental Review Coordinator has
determined that the proposed proj ect requires the preparation of an EIR. Planning and Building
Department staff does not have the available time or particular expertise to prepare the needed EIR.
Therefore, the Applicant must enter into a three-party agreement for the preparation of the CEQA
documentation.
The EUC is distinguished from other villages within atay Ranch because of its proposed intense
mix of residential and commercial uses. The atay Ranch General Development Plan (GDP)
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Meeting Date: 10/17/0/1
describes the EUC as an urban center with over 3,000 multi-family dwelling units integrated with
3.5 million square feet of regional office and retail uses. The.GDP further provides for a IS-story
maximum building height and up to 6 million square feet of bu~lding area to be accessed via an
internal grid circulation system that will accommodate pedestrian, bus, and bus rapid transit (BR T)
connections.
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The Environmental Review Coordinator distributed a Request for Qualifications (RFQ) to the
Association of Environmental Professionals, to the American Planners Association, and to all
consulting firms listed on the City's list of Qualified Environmental Consultants, inviting
prospective Consultants to submit qualifications for the proposed Eastern Urban Center ElR. The
purpose of the RFQ was to establish a short-list of consulting firms that demonstrated the unique
qualifications and experience required for projects of this nature.
The Environmental Review Coordinator issued a Request for Proposals (RFP) for environmental
consulting services for the Eastern Urban Center project on April 12, 2006 to the three firms that
qualified for the short-list. A Selection Committee was established pursuant to Section 2.56.110 of
the Municipal Code to review the proposals and conduct interviews of the most qualified firms
based on established evaluation criteria. The Selection Committee reviewed and ranked the
proposals based on company experience, quality of management team, capacity to perform the
work, project understanding, proposal quality and clarity, local experience, and competitive billing
rates. The Selection Committee interviewed the top two firms and recommended PCR to perform
the required services.
PCR is uniquely qualified to serve as the Environmental Consultant for this contract based on
their familiarity with the intense urban nature of the EUC, demonstrated ability to perform while
previously working as a Consultant to the City, and their familiarity with project requirements.
PCR is very experienced in analyzing complex issues and preparing ElRs that are adequate under
CEQA. PCR represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City of Chula Vista within the necessary
timeframes.
The Environmental Review Coordinator has negotiated the details of these agreements III
accordance with the Environmental Review Procedures.
S~OP" of Work
PCR will function as the Environmental Consultant to the City of Chula Vista under a three-party
agreement with the Applicant and under the supervision of the City's Environmental Review
Coordinator. The responsibilities of the Environmental Consultant will include the following:
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Meeting Date: 10/17/0fi
. Review of the available project information;
. Preparation of traffic, cultural & paleontological resources air quality, noise technical
reports;
. Preparation of Screencheck draft and final EIRs;
. Preparation of responses to comments received during public review;
. Preparation of Findings, Statement of Overriding Considerations, if required, and the
Mitigation Monitoring Reporting Program; and
. Attendance at team meetings and public hearings.
The scope of work for this contract covers the preparation of an EIR that will evaluate the potential
impacts associated with the proposed Eastern Urban Center SPA Plan and Tentative Subdivision
Map.
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The total cost of the contract for consulting services is $581,757.50, including a 25% contingency
($116,351.50) for additional services to cover unforeseen issues that may arise during preparation
of the EIR and if determined to be necessary by the City's Environmental Review Coordinator.
The project applicant will pay all consultant costs, as well as reimburse any City staff time
associated with preparation of the EIR through a separate deposit account.
The City Attorney's Office has reviewed and approved the form of the contract.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no holdings within
500 feet of the boundaries ofthe property which is the subject of this action.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. McMillin Otay Ranch, LLC will fully
compensate the consultant and City staff time through deposit accounts.
Attachments:
I. Three Party Agreement between the City of Chula Vista, PCR, and McMillin Otay Ranch,
LLC
J:\Planning\GLauhe\Otay Ranch\Eastem Urban Center\Contract\Contract Agenda\EUCAl13.doc
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA; PCR SERVICES CORPORATION (PCR), CONSULTANT;
AND MCMILLIN OTAY RANCH APPLICANT, RELATED TO
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
EASTERN URBAN CENTER PROJECT SECTIONAL PLANNING AREA
(SPA) PLAN AND AUTHORlZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
WHEREAS, the Applicant has submitted an application for the processing of the Eastern
Urban Center Project; and
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed project requires the
preparation of an environmental impact report ("EIR"); and
WHEREAS, a public Request for Qualifications (RFQ) of the required environmental
services was given to the Association of Environmental Professionals, American Planners
Association, and to all consulting firms listed on the City's list of Qualified Environmental
Consultants inviting prospective Consultants to submit qualifications for projects of this nature;
and
WHEREAS, six proposals were submitted in response to the RFQ; and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the qualifications of each firm based on established evaluation criteria
in order to create a short-list of the most qualified firms for projects of this nature; and
WHEREAS, a Request for Proposals (RFP) of the required environmental services was
given to the three consulting firms that qualified for the short-list; and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the qualifications and conduct interviews of the most qualified firms
based on established evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top two firms and recommended
PCR to perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with the Environmental Review Procedures; and
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation ofthe environmental documents; and
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WHEREAS, PCR is uniquely qualified to serve as the Environmental Consultant for this
contract based on their familiarity with the project and project site, demonstrated ability to
perform while working as a Consultant to the City on this and other projects, and their familiarity
with project requirements; and
WHEREAS, PCR represents that they are experienced and'staffed in a manner such that
they can prepare and deliver the required services to the City of Chula Vista within the necessary
timeframes; and
WHEREAS, the proposed contract with PCR to provide consultant services is for amount
not to exceed $465,406.00 with an additional $116.351.50 for additional services if deemed
necessary in the discretion of the Environmental Review Coordinator;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the three-party agreement between the City of Chula Vista; PCR, and
McMillin Otay Ranch, LLC (Applicant) to prepare an EIR for the Eastern Urban Center Project.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista.
Presented by
James D. Sandoval
Director of Planning and Building
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIr"
Dated: I o{ '11 () ~
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Three Party Agreement Between the City of Chula Vista,
PCR Services Corporation, and McMillin Otay Ranch, LLC
for consulting work to be rendered with regard to the
Eastern Urban Center (EUe) Sectional Planning Area (SPA) Plan area
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Three Party Agreement
Between
City of Chula Vista,
PCR Services Corporation, Consultant, and
McMillin Otay Ranch, LLC, Applica).t
For Consulting Work to be Rendered
with regard to Applicant's Project
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant", PCR Services Corporation whose business form and
address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A
as "Applicant", McMillin Otay Ranch, LLC whose business form and address is indicated on the
attached Exhibit A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, work of the general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
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2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B;
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TOBYAND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS: ..
3.1. Employment of Consultant bv Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation andlor reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
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checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or
in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
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3.2.1. Additional Work. If the Applicant, with the cbncurrence of City, determines
that additional services (" Additional Services") are needed from Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will
consult with Applicant regarding the additional work, and if thereupon the Applicant fails or
refuses to arrange and pay for said Additional Services, the City may, at its option, suspend
any further processing of Applicant's Application until the Applicant shall deposit the City's
estimate of the costs of the additional work which the City determines is or may be required.
Applicant shall pay any and all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from Consultant, from time to time reduce
the Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee
may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant
for the Services deleted.
3.3. Security for Pavment of Compensation bv Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
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3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund. '
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount ig such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
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4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise
carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same
manner as members of the general public ("Cross-liability CoveTag~").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph I 0, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.2.3 Security for Performance - Performance Bond. In the event that the need for a
Consultant to provide a Performance Bond arises, then Consultant shall provide to the City a
performance bond in the form prescribed by the City and by such sureties which are authorized to
transact such business in the State ofCalifomia, listed as approved by the United States Department
of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is
sufficient to issue bonds in the amount required by the agreement, and which also satisfy the
requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of
such agent's authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which.the Project is located to issue bonds for the limits so required. Form must be
satisfactory to the Risk Manager or City Attorney which amount shall be indicated in an attachment
as "Performance Bond" Exhibit.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or after its completion, except on written
concurrence of the City and Applicant.
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4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant. .
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5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2. PropertY Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts of Interest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
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7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement. , .
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7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates"}presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
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Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement.
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8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Agreement for Convenience. Documents.
9.1. Notwithstanding any other section or provision of this agreement, the CITY shall
have the absolute right at any time to terminate this agreement or any work to be performed pursuant
to this agreement.
9.2. In the event of termination of this agreement by the CITY in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
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10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as}f set fully set forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to Indemnify City and Applicant re Iniuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection
with the execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant,
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees or Applicant in defending against such claims,
whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon
written request by the City or Applicant, defend any such suit or action brought against the City, its
officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall
not be limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
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13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual ailreements whatsoever.
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13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the same,
similar or other circumstances.
13.4. 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 discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing Law/Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
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13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given. : . .
.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
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Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
14. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, desi~s, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this Agreement.
(End of Page. Next Page is Signature Page.)
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1
Signature Page
(1 of 2)
"
Now therefore, the parties hereto, having read and understood the terms and conditions of
this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on
the date set forth adjacent thereto.
Dated:
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
Dated:
Consultant: PCR Services Corporation
By:
~"A&.~~ -
Gregory . Broughto , resident
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Signature Page
(2 of 2)
Applicant:
McMillin Otay Ranch, LLC
a Delaware limited liability company
'.
,
By: McMillin Companies, LLC,
a Delaware limited liability company
Its: Manager
--
Date: r~2f'~~
7
By:~ (
~
Its: /I P
BY:~
Date: 'j .1. 'l1>.- 0(.
Its:
\J.P
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Exhibit A
Reference Date of Agreement:
Effective Date of Agreement: Date of City Council Approval of Ag;eement
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City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: PCR Services Corporation (hereinafter referred to as PCR)
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address:
233 Wilshire Boulevard, Suite 130, Santa Monica, CA 90401
Applicant: McMillin Otay Ranch, LLC, a Delaware limited liability company
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 2750 Womble Road, San Diego, CA 92106
Mailing address: P.O. Box 85104, San Diego, CA 92186-5104
I. Property (Commonly known address or General Description):
The project property is commonly known as the Eastern Urban Center (EUe) Sectional Planning
Area (SPA) Plan area, which is located in the central portion of the Otay Valley Parcel of the Otay
Ranch General Development Plan (GDP) area. The EUC SPA Plan area consists of 207 acres,
bound by existing Birch Road on the north, future southern extension of EastLake Parkway on the
east, future alignment of Hunte Parkway/Rock Mountain Road on the south, and future alignment of
State Route 125 to the west.
2. Project Description ("Project"):
The project consists of a Second Tier Environmental Impact Report (EIR) for the EUC SPA Plan.
The EUC SPA Plan would refine the plans, goals, objectives, and policies of the Otay Ranch GDP
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and the City of Chu]a Vista General Plan. The SPA Plan would be consistent with the GDP and
General Plan with a maximum development potential of2,983 residential units and 3,497,000 square
feet of non-residential development, including office, commercial and civic uses. One of the primary
objectives of the proposed project is to establish a flexible and responsive land use and facility plan
to assure the project's viability in consideration of existing and anticipated economic conditions. The
EIR would evaluate the "worst case" development potential based~m an equivalency analysis that
would allow for an exchange ofland uses based on equivalent dwellihg units (EDU). The EIR would
also evaluate on- and off-site grading options. The land uses and square footages of uses could be
substituted as long as the maximum development potential of the EUC SPA Plan area is not
exceeded.
3. Entitlements applied for: Tentative Map, Sectional Planning Area (SPA) Plan, and Potential
General Development Plan (GDP) Amendment
4. General Nature of Consulting Services ("Services--General"):
Consultant shall prepare a Second Tier EIR for the EUC SPA Plan in accordance with the City of
Chula Vista Environmental Review Procedures; with the criteria, standards and procedures of the
California Environmental Qua]ity Act (CEQA) of ]970, as amended, (Pub]ic Resources Code
Sections 2] 000 et seq.) and the CEQA Guide]ines (Public Resources Code Section] 5000 et seq.);
and with other applicable regulations, requirements and procedures of any other responsible public
agency or any agency with jurisdiction by law. If there are conflicts between the City of Chula
Vista's requirements and those of any other agency, the City ofChula Vista's shall prevail when the
City is the Lead Agency. AI] work performed by Consultant shal] be to the satisfaction of City's
Environmental Review Coordinator.
5. Detailed Scope of Work ("Detai]ed Services"):
PCR shall prepare a Second Tier EIR for the EUC SPA Plan. PCR shall consult with all trustee and
responsible agencies, agencies having jurisdiction by law and any other person or organization
having control over or interest in the Development as necessary to ensure that the EIR is current and
complete as to issues raised by such agencies. The Draft and Final EIR shall be prepared in such a
manner that they will be meaningful and useful to decision-makers and to the public. Technical data
is to be summarized in the body of the report and placed in an appendix. All documents shal] be
prepared in Microsoft Word.
PCR shall compile supporting documents into separate volume(s) to be referred to as the Appendices
to the EIR. The Appendices shal] include the Notice of Preparation (NOP), responses to the NOP
and any technical reports and relevant technical information generated for the EIR.
The Detai]ed Services to be provided are described below:
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Proiect Start-Up and Initiation
The Consultant shall attend a start-up meeting with the City to establish communication protocols,
confirm their understanding of the project, discuss key issues, review the schedule of deliverables,
and collect plans and documents. Following the start-up meeting and a thorough review of project
plans, the consultant shall prepare a memorandum identifying oUtstanding information required to
complete the project description for the EIR. Upon receipt of'the requested information, the
consultant shall prepare a draft project description and submit it to the City for review.
In addition, the consultant will develop baseline data for use in the environmental analysis. This will
include collection and review of relevant planning documents and environmental studies and
regulations, including but not limited to, the updated City's General Plan and EIR, and applicant-
prepared support documents and technical studies. In assembling baseline information for the EIR,
the Consultant will maximize use of existing data. As part of this task, the Consultant will conduct
general surveys of the site and vicinity to document existing conditions through notation,
photography, and mapping.
Initial Study and Notice of Preparation
The Consultant shall prepare an Initial Study to establish the scope of the EIR. Because a decision
has been made to prepare an EIR, and it is clear that a comprehensive set of issues will need to be
addressed, the Initial Study will not involve in-depth analysis, but will concisely indicate areas of
potential impact and the focus of the technical issue analyses that will be incorporated into the EIR.
If it is determined that certain issues do not warrant evaluation in the EIR, sufficient analysis will be
provided to substantiate this determination. The Initial Study will be prepared using the City's
current Environmental Checklist form with explanations and sources provided to support the
determinations made on the checklist. PCR will submit a Screencheck Initial Study along with a
Notice of Preparation (NOP) to the City for review and will make revisions from a single set of
comments. Following approval by the City, PCR will produce the Initial Study and the NOP for
distribution by the City.
Technical Studies
Traffic Report
Kimley-Hom and Associates (KHA) will prepare a Traffic Report in support of environmental
documentation for the proposed project. The report will be included as a technical appendix to the
EIR. The study will provide a CEQA-level review of traffic conditions, as well as a review of the
Bus Rapid Transit (ERT) network encompassed in the proposed project. This system will link with
Otay Ranch's town centers, a university campus, a regional technology park, with each other and
with activity centers in downtown San Diego, Southern San Diego County and the region. KHA's
scope of work includes assisting PCR with the EIR traffic section, and also includes time for
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responding to comments on the Draft EIR that relate to the issues addressed in the Traffic Study.
The specific tasks to be undertaken by KHA are summarized below:
Review of previous work (Proiect definition). In order to properly defme the project and establish a
framework for the traffic impact analysis, KHA shall: .
. Review all work completed to date to clarify project status, key study assumptions, and
related study parameters; .
. Visit the project area and document existing conditions with respect to: street widths, number
of lanes, traffic signal locations and phasing, parking restrictions and any special traffic
control measures;
. Meet with City staff to discuss the proposed EUC SPA Plan and to obtain a copy of the
proposed site plan;
. Meet with City staff to review project alternatives, project phasing, circulation options and
scenarios, as well as determine study area parameters; and
. Obtain and review the Traffix model and Synchro model (electronic data files) developed by
the Applicant's traffic engineer for assessing and sizing internal streets and intersections
within the proposed project area. Two versions of each model will be obtained. One version
assumes target land use intensities, while the second version assumes maximum land use
intensities.
Develop Traffic Volumes. Traffic volumes for the study area will be developed using SANDAG
modeling and existing traffic counts. KHA shall:
. Conduct traffic volume counts at up to IS intersections and up to IS roadway segments.
These segments will be determined based on input from City staff;
. Conduct five SANDAG Series 10 Select Zone traffic assignment for the project based on the
Year 2010, 2015, 2020, 2030, and buildout land use and transportation network. The
General Plan Update traffic model will be used for consistency, since this model has the most
recent information for study area land use and transportation systems. The City will
coordinate and obtain all forecast model runs from SANDAG to be used for the project;
. Develop Buildout Year traffic volumes from the General Plan Update assumptions;
. Develop Year 201 0 traffic volumes by conducting a SANDAG model run, including a select
zone assignment for project traffic. This scenario assumes the completion ofSR-125 with an
interchange at Birch Road, but without an interchange at Rock Mountain RoadIHunte
Parkway. The City and Applicant will provide model inputs regarding project development
levels and development intensities assumed for other SPAs assumed for the Year 2010
condition;
. Develop Year 2015 traffic volumes by conducting a SANDAG model run, including a select
zone assignment for project traffic. This scenario assumes the completion of SR-125 with
an interchange at Birch Road, but without an interchange at Rock Mountain RoadIHunte
Parkway. (In the analysis, manual adjustments will be made to test the need for the
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interchange in this scenario. This analysis will be used in the Public Facilities Financing
Plan PFFP analysis. The City and Applicant will provide model inputs regarding project
development levels and development intensities assumed for other SPAs assumed for the
Year 2015 condition;
. Develop Year 2020 traffic volumes by conducting a SN'{DAG model run, including a select
zone assignment for the project. The year 2020 analysis assumes that the Rock Mountain
RoacllHunte Parkway interchange will be completed. A second 2020 model run will be made
that does not include this interchange, but provides for the overcrossing. (In the analysis,
manual adjustments will be made to test the need for the interchange in this scenario. This
analysis will be used in the PFFP analysis. The City and Applicant will provide model
inputs regarding project development levels and development intensities assumed for other
SPAs assumed for the Year 2020 condition;
. Develop Year 2030 traffic volumes based on the Year 2030 forecast and select zone analysis.
This forecast assumes buildout conditions within the City of Chula Vista, continued
operation of SR-125 as a tollway, and year 2030 conditions within the region; and
. Develop buildout year traffic volumes based on the General Plan Update buildout traffic
model and the select zone assignment. This model assumes that SR -125 will operate as a
freeway.
Traffic Impact Analvsis. Traffic analysis shall be conducted in accordance with City of Chula Vista
Guidelines for the Preparation of Traffic Impact Studies. The extent of the project study area are to be
determined after the completion of the Select Zone modeling for the 2030 buildout scenario and based
on the City's criteria. For this task, KHA shall:
. Review traffic facilities in the study area to ensure accurate roadway and intersection
geometry, signal timing, and peak hour traffic volumes;
. Conduct new AM!PM peak hour counts at key intersections (15 assumed) in the project study
area;
. Assemble existing 24-hour count data from the City ofChula Vista on the adjacent roadway
segments;
. If the City does not have current traffic data, collect 24-hour machine counts (15 new 24-
hour machine counts are assumed);
. Distribute and assign project traffic to the street system. An Excel base manual model will be
used to assign trips based on the regional models generalized distribution pattern;
. Determine the a.m. and p.m. peak hour Levels of Service (LOS) at the key intersections using
the 2000 Highway Capacity Manual (HCM) methodology and on the street segments using
the City's threshold table for the following conditions:
o Existing
o Year 2010 with and without project traffic
o Year 2015 with and without project traffic
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o Year 2020 with and without project traffic
o Year 2030 with and without project traffic
o Buildout with and without project traffic
.
Evaluate a total of25 intersections (excluding project access points), of which 17 are existing
and the remainder are future locations; evaluate, up to 3 O'roa~way segments, of which 15 are
existing segments;
.
Determine the freeway segment LOS on a peak-hour/peak directional basis. Tbis task assumes
up to eight freeway segments (four on SR-125 and four on I-80S);
.
Identify the potential significant traffic impacts of the project for all scenarios based on City
threshold criteria; and
Identify measures required to mitigate calculated project traffic impacts, if mitigation measures
are applicable.
.
CMP Enhanced CEOA Review. The Congestion Management Program (CMP) requires an "Enhanced
CEQA Review" of projects generating over 2,400 ADT to determine traffic impacts and mitigation to
the regional transportation system. KHA shall perform the following tasks to adequately satisfy the
Congestion Management Plan requirements and based on the 1993 Guidelines for the "Congestion
Management Program" prepared by SANTEC and ITE:
. Identify the "regionally significant roadways" to be analyzed in the enhanced CEQA review for
the project;
. Determine the peak hour street segment LOS on the regionally significant roadways for all
scenanos;
. Evaluate the freeway level of service on SR-125 and I-80S;
. Identify the relative traffic impacts of the project on the regionally significant roadway network.
For purposes of this study, Hunte Parkway, Birch Road, Eastlake Parkway, and Olympic
Parkway will be evaluated; and
. Conduct a Growth Management Oversight Committee (GMOC) analysis for the short-term
(Year 0-4 conditions), as directed by the City.
Internal Street Evaluation. KHA shall review and modify (as needed) the Traffix model and Synchro
model developed by others to reflect the potential shifting of density within the project area. KHA
shall:
. Perform a sensitivity analysis for the target and maximum land use by testing various transit
mode splits and internal interaction assumptions to ensure that internal streets are properly
sized. A total of two (2) scenarios will be assessed;
. Determine the number of lanes for internal streets along with the appropriate type of traffic
control (signals or stop controlled). Internal street evaluation will only be conducted for the
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project buildout scenano. Internal intersection analysis will include thirty-nine (39)
intersections;
Determine intersection turn lanes, at project access points to the surrounding arterial system
and internal intersections;
Conduct traffic signal warrants at thirteen (13) internal intersections;
Meet with the project team to discuss the results of the .s~nsitivity analysis, and. make
appropriate revisions based on recommendations at the proj'ect team meeting.
.
.
Transit Analvsis. KHA shall analyze locations of priority treatments along the primary Bus Rapid
Transit (BRT) transit route within the proposed project and its perimeter. This analysis will build
SANDAG and McMillin Land Development mutual understanding of operating parameters (as
documented in the August 3, 2006 letter from Jennifer Williamson). This analysis will include the
use of dedicated lanes, impacts to cross streets, the design and implementation of signal priority
features, queue jumpers, etc. This task shall also involve an analysis of how the priority treatments
will function and their traffic impacts. Traffic impacts and transit travel time benefits from BRT
priority treatments will be assessed using Synchro or similar Highway Capacity Manual (HCM)
methodologies.
In the event of significant delay for the BR T as a result of the traffic study, additional operating
scenarios will be run to determine if the impacts could be decreased. The BR T analysis for purposes
of this study will focus on the impact ofBRT dedicated lanes, signal priority treatment, and queue
jumper lanes on street and intersection level of service. This analysis will assess the time penalty
that would occur at signals affected by BRT lines along with an estimation of the amount of the peak
hour when normal signal operations would be pre-empted. This analysis will also evaluate the
amount of delay that occurs to the BRT route as a result of parking along the transit-way. Special
focus will be placed on how to handle left and right turn movements, from shared lanes or BRT
exclusive lanes. The analysis would usethe Synchro software and would have an equivalent level of
detail as was used in evaluating the signal operations on the San Diego State to Downtown BRT
project.
Mitigation Measures. KHA shall identify all significant cumulative and project impacts for all
roadway facilities identified as having substandard LOS for each of the study scenarios. KHA shall
identify feasible mitigation for all significantly impacted roadway facilities.
Public Facilities Financing Plan (PFFP). KHA shall assist in the development of a mitigation
monitoring and reporting program as well as the Public Facilities Financing Plan (PFFP). As part of
the PFFP analysis, a table will be prepared that determines the number of Equivalent Dwelling Units
that can be built before certain transportation facilities are built. This table will be based largely on
development assumptions, improvements and mitigation determined in the Traffic Impact Analysis.
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Station Analvsis. KHA shall evaluate the BRT station location for near-term implementation, as
well as ultimate impacts. This study shall perform CEQA evaluation of the station support facilities,
such as those that support both vehicular and pedestrian access, nearby land uses such as parking
lots, and park 'n ride capability. This evaluation will be qualitative in nature.
Administrative Draft Traffic Report. KHA shall prepare a draft T"affic Report summarizing the
Existing and Future Conditions analyses, and provide appropriate text, tables, and graphics for use in
the EIR document. Two sets of revisions to the report will be made to address City comments.
Assistance will be provided in the development of appropriate ErR text summarizing the technical
findings.
In addition to the foregoing tasks related to preparation of the Traffic Report, KHA shall respond to
comments on the DEIR related to traffic and transit issues and assist in the preparation of the final
EIR.
Air Quality Impact Report
The Consultant shall prepare an air quality analysis to analyze the potential for air quality impacts
resulting from short-term construction as well as long-term emissions from implementation of the
proposed project. The report will be included as a technical appendix to the EIR. The air quality
analysis will also evaluate the potential for carbon monoxide (CO) "hotspots" to existing nearby
existing and future sensitive receptors. The analysis will also identify traffic-generated emissions
that may impact sensitive receptors in the absence of mitigation measures. The air quality analysis
prepared by the Consultant shall:
. Discuss pertinent air quality statutes and regulations at the local, regional, state and federal
level;
. Describe regional meteorology and local conditions as measured at the relevant SDAPCD
Monitoring Station;
. Define Thresholds of Significance based on City and SDAPCD criteria and guidelines;
. Evaluate construction emissions from building demolition, construction equipment, any
earthmoving operations, construction worker and delivery trips and the use of building
materials that may release criteria pollutants, such as volatile organic compounds (VOCs).
All emissions will be calculated on a daily and quarterly basis. Consultant shall coordinate
with the City or Applicant regarding development of construction modeling assumptions;
. Assess mobile source emissions, including but not limited to quantification of emissions
from project-generated traffic using regional travel characteristic data obtained from
SANDAG and the SDAPCD and the EMF AC2002 emission factor model;
. Assess regional stationary source emissions, including but not limited to quantification of
emissions from electricity production and natural gas consumption;
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.
Analyze traffic effects on localized carbon monoxide concentrations. Impacts will be
determined based on the potential for project emissions to exceed Federal and State ambient
one-hour and eight-hour carbon monoxide (CO) concentrations. This evaluation will be
conducted at up to 20 intersections, with and without the impact of project development,
utilizing the CALINE 4 model;
Assess conformance with applicable air quality plans and poficies, including but not limited
to the RAQS, Transportation Control Measure (TCM), and City's CO2 Reduction Plan;
Develop mitigation measures where appropriate to address significant air quality impacts;
and
Conduct a Health Risk Assessment to evaluate potential health risk impacts related to the
proposed development, including:
o Obtain available traffic counts published by the California Department of
Transportation, Traffic and Vehicle Data Systems Unit. As SR-125 is currently
under construction, traffic data may be based on projections; and
o Produce a representative vehicle fleet distribution using a vehicle mix determined by
the EMF AC2002 model developed by the Air Resources Board; and
o IdentifY pollutant emission rates using EMF AC'2002 for total organic gases (TOG)
and diesel exhaust particulates. Multiply TOG emission rates by available exhaust
fractions for identified compounds promulgated by the U.S. Environmental
Protection Agency
o In order to assess the impact of emitted compounds on proposed sensitive receptors,
the consultant will conduct air quality modeling utilizing the Industrial Source
Complex-Short Term (ISCST3) model. In addition to determining pollutant emission
rates as discussed above, additional input parameters will be specified to further
refine the model:
o Develop vertical (sigma z) and horizontal (sigma y) dispersion parameters by
approximating mixing zone residence time and quantifYing the initial vertical term.
o Obtain meteorological data from the San Diego Air Pollution Control District
(SDAPCD) to represent local weather conditions and prevailing winds.
o Obtain universal transverse mercator (UIM) coordinates for each source and receptor
location.
o Obtain elevation data for each source and receptor from high resolution (I-meter)
USGS Spatial Data Transfer Standard (SDTS) files.
o Define the health risks associated with exposure to carcinogenic compounds at the
proposed project in terms of the probability of developing cancer as a result of
.
.
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exposure to a chemical at a given concentration and cancer risk isopleths will be
provided to characterize risk across the site.
o Determine the cancer risk probability, under a deterministic approach (i.e., point
estimate methodology), by multiplying the chemical's annual concentration by its
unit risk factor (URF).
o Obtain discrete variates for body weight and inhalation from relevant distribution
profiles presented in the OEHHA guidance document entitled Air Toxic Hot Spots
Program Risk Assessment Guidelines, Part IV: Technical Support Document for
Exposure Assessment and Stochastic Analysis and the U.S. Environmental Protection
Agency's Child-Specific Exposure Factors Handbook, Interim Report. In order to
account for variations of body weight and inhalation, a stochastic analysis will be
performed to more accurately represent health risk among the general population.
o The Consultant will also conduct an evaluation of the potential noncancer effects of
chronic chemical exposures, using the most recent Reference Exposure Level (REL
promulgated by OEHHA and REL's from the Consolidated Table ofOEHfWARB
Approved Risk Assessment Health Values.
. Identify mitigation measures as appropriate to reduce significant impacts.
Noise Impact Analysis
The Consultant shall conduct a noise study to evaluate the extent to which noise associated with
short-term construction activities, traffic circulation, and other aspects of project operations
impact noise sensitive uses. The report will be included as a technical appendix to the EIR. The
Consultant shall:
. Discuss local plans, regulations, ordinances, and guidelines related to community noise and
ground-borne vibration;
. Survey and map noise-sensitive land uses near the project site and along the proposed
construction haul route. In addition, Consultant shall identify existing noise sources present
within the area that may affect proposed sensitive uses. Consultant shall conduct four 72-
hour noise measurements to establish the ambient noise level within the project site and
surrounding area;
. Predict construction-period noise impacts by: (I) utilizing published construction equipment
noise level data to characterize the noise source, and (2) applying industry standard distance
attenuation and barrier insertion loss formulas to estimate construction noise levels.
Construction-period noise will then be compared to the ambient noise level at each receptor
location to determine significance;
. Evaluate potential mobile-source and stationary-source noise impacts related to development
of the project. Roadway noise impacts will be evaluated at up to 20 roadway segments using
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a roadway noise prediction model. To calibrate the sound prediction model to more
accurately reflect local conditions, up to four short-term (1S-minute) noise measurements
will be conducted with simultaneous traffic counts along the analyzed roadway segments.
Stationary-source noise impacts (e.g., noise from on-site mechanical equipment) will be
evaluated using standard sound-distance attenuation llr\d barrier insertion loss calculation
formulas. This analysis will be conducted for up to three s,,:enarios (e.g., Existing, Future
No-Project, and Future with Project);
. Determine impacts based on ambient noise measurement data and whether proposed land
uses are considered noise compatible. This will include an assessment of potential noise
issues associated with areas of vertically and horizontally mixed residential and commercial
use proposed within the SPA; and
. Develop appropriate mitigation measures where significant impacts are identified.
Cultural and Paleontological Technical Report
The Consultant shall prepare a Cultural and Paleontological Resources Technical Report. The report
will be included as a technical appendix to the ElR This task consists of documenting the cultural
and paleontological resources of the project area consistent with the California Office of Historic
Preservation Archaeological Resource Management Report format and shall meet or exceed the City
and CEQA requirements and regulatory guidelines. The report will include description of the project
undertaking, regulatory framework, natural and cultural settings of the project area, methods, results,
and recommendations for additional work such as monitoring during construction. The Consultant
shall:
. Conduct a cultural resources record search at South Coastal Information Center, Department.
of Anthropology, San Diego State University. The Consultant shall identify all previously
recorded cultural resources and previous cultural resource studies within the project area and
a one-mile buffer zone around the project area. Consultant shall also gather relevant
geological and soils information. Collected information will be used to estimate the cultural
resource sensitivity of the project area and the potential for buried cultural deposits, and to
determine if there are any previously recorded significant sites that will require special
consideration;
. Conduct a Paleontological Records Search via the San Diego Natural History Museum. This
task will determine the paleontological sensitivity of the project area and determine if there
are any known paleontological or geological localities within the project boundary;
. Conduct a Sacred Lands record search through the Native American Heritage Commission
(NARC) and consultation with Native American groups identified by the NARC as having
affiliation with the project vicinity. Consultation will be in the form of a letter sent via
certified mail that will indicate the project area, the nature of the project, and request their
participation with respect to any concerns they may have about the effects of the proposed
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project on Native American cultural resources. The Consultant shall contact the respective
groups approximately two weeks after anticipated receipt of the letters if the Consultant has
not received a response in that time frame. Results of the search and consultation will
provide information as to whether there are any locations in the vicinity of the subject
property that are culturally sensitive to Native AmericaJ?5;
Conduct field survey for Cultural and Paleontological Resources. This task will consist of a
systematic pedestrian survey of the subject property at intervals not greater than 15 meters
between each surveyor. Locations of any previously identified cultural or paleontological
resources will be revisited, remapped, and assessed. All identified cultural resources and
fossil localities will be mapped with a sub-meter accuracy GPS unit. The Consultant shall
record up to two new archaeological sites or fossil localities if encountered. All identified
cultural resources will be recorded on California Department of Parks and Recreation (DPR-
523) forms;
Identify mitigation measures, as appropriate, if significant cultural and paleontological
impacts are identified.
.
Draft EIR Preparation
The Consultant shall prepare the first screencheck Draft EIR for review by the City of Chula Vista.
In general, the Draft EIR and associated technical studies shall assemble all available data, originate
new studies and provide an assessment of the probable short- and long-term cumulative impacts of
the project. In addition, the Draft EIR shall provide an evaluation of all feasible mitigation
measures, which could be carried out to reduce or eliminate adverse impacts of the proposed project.
The Draft ErR, where appropriate and as directed by City staff, shall also analyze all feasible
alternatives to the project as proposed.
The Consultant shall prepare the ErR in the following format:
Table of Contents
Executive Summary. This section provides an overview of the proposed project, and the key
conclusions set forth in the EIR regarding environmental impacts and mitigation measures. It
will summarize the background and need for the project, required discretionary actions, any
known areas of controversy, and the objectives and basic characteristics of the project. The
Executive Summary will identify and briefly discuss the environmental impacts associated with
implementation of the project (whether beneficial or adverse, significant or less than significant),
and will contain a summary analysis of alternatives to the project. The Executive Summary will
also include a table identifying all of the issues evaluated, their impacts, corresponding
mitigation measures, and the level of impact significance after mitigation.
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Introduction. This Section describes the purpose, scope and legislative authority of the EIR, the
intent ofCEQA and other pertinent environmental rules and regulations, and the environmental
review process. The section will also include the structure, required contents and relationship of
the EIR to other potential responsible or trustee agencies. The EIR's relationship to previously
prepared documents, including the 1993 Program EIR for the Otay Ranch General Plan
Amendment (GPA)/General Development Plan (GDP)/Subre~ional Plan (SRP) and the 2005
Master Program EIR for the Chula Vista General Plan and Otay Ranch General Development
Plan, will be described. This discussion will include specifics regarding how the EIR will utilize
"tiering," as provided for in CEQA Guidelines 15152, and how the SPA level of analysis relates
to earlier GDP analyses. The environmental permitting framework for subsequent projects
within the EVC will also be described, along with an explanation of how the document has been
designed to account for variations in the potential environmental consequences of site specific
proposals in a manner that will provide the greatest possible clearance for future proj ects under
CEQA.
Environmental Setting. This section will provide an overview of the environmental setting for
the project, including a description of physical conditions and natural resources in the project
vicinity and from a regional perspective. This section will also defme the related projects and/or
growth factor assumptions used as the basis for the cumulative impact analyses.
Proiect Description. The scope of work for this section of the EIR will include the
following:
. Location and Boundaries: This subsection shall provide a description of the size,
boundaries, and location of the project at the local and regional level. Supporting
graphics will be provided.
. Statement of Objectives: This subsection shall define the objectives and underlying
purpose of the project. It is assumed that these objectives will be developed jointly
between the applicant and the City and will most likely reflect planning, environmental,
and economic goals. The Statement of Project Objectives, in conjunction with an
identification of the Project's significant impacts, will provide the basis for selecting a
reasonable range of project alternatives to be evaluated within the EIR.
. Project Characteristics: This subsection shall provide an overview of the project and
describe its specific attributes. Project characteristics will be described based on a draft
SPA Plan, Tentative Subdivision Map, Planned Community District Regulations, Design
Plan, Parks and Recreation Master Plan, one or more Master Precise Plans and other
relevant descriptive information provided by the applicant. This section will also state
the time frame for project construction and phasing, required discretionary actions and
approvals, agencies expected to use the EIR, and any federal, state or local environmental
review and consultation requirements related to the CEQA process.
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Environmental Impact Analvsis. For each issue identified in the Initial Study, this section will
provide an analysis based on the following structure: Existing Environmental Setting,
Thresholds of Significance, Impacts, Level of Significance Prior to Mitigation, Mitigation
Measures, and Level of Significance after Mitigation. The assessment of environmental impacts
will be consistent with CEQA and the CEQA Guidelines (Section 15126). The EIR will be
"tiered" from the previously certified Program EIR (90-0 I) for, the Otay Ranch GDP and will
represent a "second tier" level of analysis. The following is' an overview of the technical
approach proposed to address each environmental topic in the EIR:
Land Use, Planning and Zoning: The land use analysis will describe existing land uses
and infrastructure within and adjacent to the SPA, and existing plans and policies that
apply to the SPA and adjacent areas. Proposed changes to land use and plans will be
described, and analysis will be conducted of consistency with plans/policies, and the
compatibility (use type and intensity) between SPA uses and these uses and adjacent
existing and planned development. Both plan-to-plan and plan-to-ground analyses will
be conducted. The Consultant shall:
. Describe and map existing land use and applicable plans and zoning for the site and
surrounding areas; and
. Summarize applicable local, regional, state and federal plans, policies, regulations
and guidelines; and
. Discuss land use compatibility associated with past and present site activities and
adjacent uses; and
. Define Thresholds of Significance for land use impacts; and
. Describe proposed plans and discretionary actions being sought, including but not
limited to approval of the SPA Plan and accompanying plans and documents, a
Tentative Subdivision Map, one or more Master Precise Plans, and a possible
amendment to the Reserve Management Plan; and
. Assess the plans (including grading plans) and discretionary actions being sought and
their potential to result in physical impacts on the environment that could translate to
incompatible land use. The assessment would also evaluate the project's potential to
impact adjacent properties under other ownership. Compatibility (by type and
intensity) of proposed land uses and activities internal to the SPA and with
surrounding areas will be evaluated based on individual and combined impacts
associated with traffic, air quality, noise, aesthetics and other issues. Carefully
evaluate the transition between proposed land uses and adjacent land uses (both
existing and planned); and
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Evaluate the project's consistency with applicable local, regional, state or federal
land use policies and programs; and
Develop mitigation measures to address significant land use impacts.
.
Landform Alteration/Aesthetics:.This section shall ev~uate the potential for the project
to have an impact on landform and aesthetics. The anal%is will be illustrated through
the use of maps, photographs, and other graphic illustrations. The Consultant shall:
. Define baseline conditions by describing the existing visual quality of the site and
surrounding areas and identifying valued focal or panoramic views and aesthetic
features;
. Describe relevant regulations, policies and guidelines governing views and aesthetic
considerations. As applicable provisions of view ordinances, design guidelines, and
general plan and scenic highway plans will be summarized;
. Define Thresholds of Significance to determine impacts with respect to
aesthetics/views;
.
Identify impacts based on the proposed SPA plan, Master Precise Plan, Community
Planning District Regulations, the project Design Plan, and other relevant project
materials, with emphasis on the potential for the project to: introduce features that
would detract from the aesthetic quality of the area or conflict with applicable design
guidelines; alter landform or remove features that contribute to the aesthetic character
of the area; or obstruct or diminish valued views from public gathering places or
designated scenic highways, corridors or parkways. This evaluation will include
assessment of the project's potential to compromise future view potential or aesthetic
resources accounted for in approved planning documents;
Identify mitigation measures as appropriate for significant landform impacts.
.
Traffic, Circulation and Access: This section of the EIR shall summarize the results of the
final Traffic Impact Analysis prepared by KHA, as described in Section 5(B) above. The
final Traffic Impact Analysis will be included as an appendix to the EIR.
Noise: This section of the ErR shall summarize the results of the fmal Noise Impact
Assessment prepared by the Consultant, as described in Section 5(B) above. The fmal Noise
Impact Assessment will be included as an appendix to the EIR.
Air Quality: This section of the EIR shall summarize the results of the Air Quality Impact
Analysis prepared by the Consultant, as described in Section 5(B) above, The fmal Air
Quality Report will be included as an appendix to the EIR.
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Biological Resources: The section of the EIR shall summarize the findings of the Biological
Resources Impact Assessment( s) provided by the Applicant. This section shall address the
applicable regulatory framework, existing conditions for biological resources, and
methodology. Based on the fmdings in the assessment and the Thresholds of Significance
established under the CEQA Guidelines (Section 15064.5) and Public Resources Code
(Section 5020.1 (q)), project-specific and cumulative direc(lU1d/or indirect impacts will be
identified. Cumulative impacts will be assessed and mitigation measures will be provided
where feasible for significant impacts. The final Biological Resources Impact Assessment(s)
will be included as an appendix to the EIR.
Cultural Resources: This section of the EIR will summarize the fmdings of the final
Cultural and Paleontological Resources Technical Report prepared by the Consultant as
described in Section 5(B) above. The fmal Cultural and Paleontological Resources Technical
Report will be included as an appendix to the EIR.
Paleontological Resources: This section of the EIR will summarize the findings ofthe final
Cultural and Paleontological Resources Technical Report prepared by the Consultant as
described in Section 5(B) above. The fmal Cultural and Paleontological Resources Technical
Report will be included as an appendix to the EIR.
Agricultural Resources: This section of the EIR shall assess the project's contribution to
loss of agricultural resources and will evaluate the effectiveness of the Agricultural Plan
(applicant prepared) to provide a buffer between agricultural and adjacent land uses.
The Consultant shall:
. Defme and map "Farmland with Statewide Importance," "Farmland with Local
Importance", and "Prime Agricultural Soils" for the site and surrounding areas as
shown on the Program EIR for the Otay Ranch GP AlGPD/SRP and designated by the
Soil Conservation Service;
. Summarize applicable local, regional, state and federal plans, policies, regulations
and guidelines that address agricultural resources (including the Williamson Act) or
that regulate agricultural activities;
. Discuss historical agricultural uses and irrigation systems of the site and the
surrounding area and describe current site conditions, current agricultural activities,
and any resulting conflicts with adjacent uses;
. Define Thresholds of Significance for agricultural impacts based on Appendix G of
the CEQA Guidelines;
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Quantify the loss of "Fannland with Statewide Importance," "Fannland with Local
Importance," and Prime Agricultural Soils as a result of proposed development and
regionally as a result of development of Otay Ranch;
Describe the Agricultural Plan and how interim agricultural activities will be
permitted under this plan;
Assess the effectiveness of the buffering guidelines cd~tained in the Agricultural Plan
to prevent potential impacts associated with noise, odors, dust, insects, rodents, and
chemicals associated with agricultural activities; and
Describe significant impacts to local and regional agricultural resources that would
remain after implementation of the Agricultural Plan and propose additional
mitigation measures as appropriate to reduce significant impacts.
.
.
.
Hydrology/Drainage/Water Quality: This section of the EIR shall summanze the
Hydrology and Drainage Study provided by the Applicant. The Hydrology and Drainage
Study shall be included in the appendix to the EIR. This section of the EIR shall:
. Describe the existing site conditions, including drainage patterns, flows and water
quality for the project area;
. Identify existing and planned drainage systems that would serve the site and
document any known constraints to off-site drainage facilities;
. Review and describe relevant local, regional, state and federal standards and
regulations related to hydrology and drainage, including Standard Urban Storm Water
Mitigation Plans that apply to the project as defmed by the Regional Water Quality
Control Board;
. Develop Thresholds of Significance for identifYing hydrology and drainage impacts;
. Describe drainage facilities and detention facilities proposed or altered by the project
as described in the Drainage Study;
. Evaluate changes in hydrology and drainage resulting from increases in impervious
surfaces, proposed site activities, and intensification of land use;
. Evaluate potential impacts related to drainage, including issues associated with
below-grade transit and a high groundwater table, flooding, and construction of new
or expanded drainage facilities; and
. Provide mitigation measures for significant impacts on hydrology or drainage,as
appropriate.
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Geology and Soils: The EIR shall summarize the Geotechnical Report(s) provided by the
Applicant. The Geotechnical Report(s) shall be included in the appendix to the EIR. This
section of the EIR shall:
. Describe relevant local, regional, state and federal standards and regulations that
apply to geology and soils;
. Identify thresholds of significance for identifying iiN'pacts on geology and soils;
. Assess impacts associated with fault rupture, seismic ground shaking, seismic-related
ground failure such as liquefaction, landslides, soil erosion, subsidence or expansive
soils, and methane gas; and
. Identify mitigation measures as appropriate to reduce significant impacts.
Public Services and Utilities: This section of the EIR shall evaluate potential impacts on
public services and utilities.. The Consultant shall consult with local service providers as
wen as summarize the findings of other relevant approved planning documents and master
plans including, but not limited to, analyses from the 1993 Program EIR (90-01) for the Otay
Ranch GDP/SRP and the 2005 Program EIR for the General Plan Update, in order to
adequately define applicable thresholds of significance, evaluate the potential for impacts,
and identify feasible mitigation to fire protection (including EMS), police services, library
services, schools, recreational resources (parks, recreation and open space), water, sewer,
solid waste disposal, energy (gas and electricity), and telephone and cable services.
Hazards/Risk of Upset: This section of the EIR shall evaluate the potential for hazards
and risk of upset related to fire, ground and water contamination, toxic waste,
underground pipelines and storage tanks, landfills and other possible issues of concern.
The analysis will incorporate relevant information and analyses from the 1993 Otay
Ranch Program EIR (90-01), the recent General Plan Update Program EIR, and the
applicant prepared Phase I Environmental Site Assessment (ESA). The section shall:
. Identify, describe and map potential hazards within and adjacent to the project area
based on information provided in the Phase I ESA, existing Program EIRs and other
sources;
. Define thresholds of significance, focusing on the potential for impacts associated
with hazards and risk of upset;
. Evaluate the potential for impacts related to hazards to the public or environment
through transport, use or disposal of hazardous materials, upset or accidents
involving hazardous materials, hazardous materials sites, public or private airports,
wildland fires, or interference with emergency response or evacuation plans; and
. Develop mitigation measures as appropriate to address any significant impacts
relating to hazards or risk of upset.
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Housing and Population:.This section of the EIR shall evaluate the potential for the proposed
project to result in impacts on housing and population within the City. The section shall:
.
Identify existing housing and population conditi~ns based on the recent General Plan
Update and associated Program EIR, other City sQurces, Census 2000 data and
associated projections for population and housing;
Describe regulatory provisions and City policies related to population and housing;
Define thresholds of significance based on applicable guidelines;
Evaluate conflicts related to housing supply or growth; and
Identify mitigation measures as appropriate to reduce significant impacts.
.
.
.
.
Compliance with the City Threshold and Standards Policy and Findings of Fact: Based on
the analyses presented in the public services and facilities section of the EIR, the Consultant
shall review and evaluate the proposed project's compliance with the City's Growth
Management Ordinance (Chapter 19.09 of the Mwricipal Code) that contains Quality of Life
Threshold Standards related to the following issues: drainage, traffic, fiscal, police, schools,
libraries, water, air quality, sewage, fire/emergency services, parks, recreation and open
space. This Section of the EIR shall summarize the project's consistency with the
established thresholds standards and determine if the requirements have been satisfied.
Alternatives: The Alternatives section will include an analysis of alternatives consistent with the
CEQA Guidelines. The alternatives will be based on information discussed at the project
orientation meeting and assumptions provided by the City. It is assumed that three (3)
alternatives and the mandatory No Project Alternative (Plan-to-Ground and Plan-to-Plan) will be
analyzed in the EIR. A discussion of other alternatives that were considered and supporting
rationale indicating they were determined infeasible will also be provided.
For each alternative, this section will provide a description of the alternative, consideration of the
alternative's feasibility in relationship to the project objectives, and a comparative analysis of the
environmental impacts of the alternative versus the impacts as a result of the proposed project.
The alternatives will be evaluated in a more qualitative and comparative manner than the analysis
described above for the proposed project.
Other Mandatorv CEOA Sections: The Consultant shall prepare other required CEQA
analyses within this chapter of the EIR, which include: Cumulative Impacts; Effects Found
Not to be Significant; Significant Irreversible Environmental Changes; and Growth-Inducing
Impacts.
Mitigation Monitoring and Reporting Program: The Mitigation Monitoring and Reporting
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Program (MMRP) will be developed at the draft EIR stage and finalized after the close of public
review. The MMRP will be prepared in conformance with CEQA Guidelines Section 21 082 and
City requirements. The MMRP specifically will include monitoring team qualifications, specific
monitoring activities, a reporting system and criteria for evaluation the success of the mitigation
measures. Mitigation measures will address impacts at the E.liC SPA Plan level and refer to the
appropriate implementing permits. The MMRP will be bOu'nd:ip.to the Final ElR.
,
References. Persons and Agencies Contacted and EIR Preparation: The ElR will contain a list of
all references used and persons and agencies contacted in preparation of the EIR. In addition, the
ElR will list all persons involved in the preparation of the document and their title and role.
Draft EIR Processing and Document Revisions
The Consultant shall prepare three (3) screencheck draft EIRs prior to preparation of the public
review version of the Draft EIR. The second, third and public review copies of the Draft EIR will
incorporate comments received on prior versions of the reports. Documents submitted as part of
each Screencheck review will be printed on different colored paper so as to clearly distinguish a
current version from a previous one. The Consultant shall prepare the Notice of Availability for
public review distribution.
Final EIR Preparation and Content
Upon completion of agency and public review, the Consultant will prepare written responses to all
letters of comment received. All comments received in response to the ElR will be discussed with
the City staff, and an approach to the responses will be subject to City approval prior to preparation
of the draft responses. Draft responses to comments will be submitted to City staff for review. The
Consultant will then revise responses in accordance with City directions and will prepare the
document for final distribution. KHA will assist in the preparation of responses to public comments
on the traffic study.
The Consultant will draft candidate Findings and a Statement of Overriding Considerations, if City
determines this to be necessary, for consideration by the decision-maker in certifYing the EIR. The
Findings will include all measures which would be implemented to mitigate potentially significant
impacts; a statement, as appropriate, that the project mitigation may be the responsibility of another
agency; and an evaluation of project alternatives and why each was found to be infeasible. A major
portion of the Findings will be compiled using information contained in the ElR. The Statement of
Overriding Considerations will present the social, economic or other reasons why the project should
be approved even though significant environmental impacts may result (i.e., why the project's
benefits override the environmental issues). These will be presented in draft form to the City,
revised as City determines to be necessary, and printed to accompany the Final ElR for review and
consideration by the City of Chula Vista, Planning Commission, and ultimate adoption by the City
CounciL
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The draft Final EIR will include the ErR text with necessary revisions requested by City staff or as a
result of the public review process, letters of comment and responses, the Findings and Statement of
Overriding Considerations (if applicable), appendices, and the Mitigation Monitoring and Reporting
Program. Following review and approval ofthe responses to lett~rs of comment and any changes to
the text of the document, the Consultant will prepare a draft Final EIR for review by City staff. The
Consultant will also prepare the Notice of Determination and California Department of Fish and
Game Fee Certification.
Meetings and Hearings
The Consultant's work efforts will involve on-going project management to include regular
coordination with City staff and project team members. The Consultant's project manager will meet
weekly with City staffto discuss the EIR progress and issues as they arise. At the request of the City,
the Consultant shall assist with the preparation of meeting agendas and minutes. The scope of work
includes Consultant's attendance at the following meetings and hearings.
. One (1) project initiation meeting
. One (1) project workshop
. One (1) scoping meeting
. Eighteen (18) weekly meetings with City staff to discuss EIR progress and issues as they
anse;
One (1) Resource Conservation Commission meeting;
One (I) Planning Commission public hearing to close public review of the DEIR;
One (I) Planning Commission hearing on the FEIR and related environmental documents;
and
One (I) City Council Hearing on the FEIR and related environmental documents.
.
.
.
.
In addition, upon request of the City, KHA shall be available to attend project status meetings,
project briefings, and City Council meetings, and shall be responsible for assisting with the
preparation of materials for those meetings. KHA will be responsible for attending the following
meetings:
. One (I) project initiation meeting with the City, Applicant(s), and others determined by City
staff;
. One (I) project workshop;
. One (I) scoping meeting;
. Two (2) coordination meetings with the City, SANDAG and SANDAG's consultant for the
Southbay BRT project;
. Twelve (12) monthly meetings with City staff to discuss EIR progress and issues as they
anse;
One (I) Resource Conservation Commission meeting;
One (I) Planning Commission public hearing to close public review of the DEIR;
One (I) Planning Commission hearing on FEIR; and
.
.
.
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. One (I) City Council meeting on FEIR
Deliverables
Screencheck Initial Study and Notice of Preparation
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. Five (5) copies of the Screencheck Initial Study and Notice orPreparation will be provided to
the City. The Screencheck Initial Study and Notice of Preparation shall be prepared in
Microsoft Word 2000 and shall be printed at 1.5 spacing.
. Following receipt of comments on the First Screencheck Initial Study and Notice of
Preparation, seventy-five (75) copies of the Finallnitial Study and Notice of Preparation will
be provided to the City, The Finallnitial Study and Notice of Preparation shall be prepared in
Microsoft Word 2000.
Technical Studies
The Consultant shall provide the following technical studies to the satisfaction of the City's
Environmental Review Coordinator:
. Traffic Impact Analysis - five (5) copies
. Air Quality Assessment-five (5) copies
. Noise Assessment- five (5) copies
. Cultural / Paleontological Resources Report- five (5) copies
Screencheck Draft EJR
. Twenty-five (25) total copies of the First Screencheck Draft ElR and Technical Appendices,
in three-ring binders will be provided to the City. The First Screencheck Draft EIR shall be
prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing. Appendices shall be
single-spaced,
. Following receipt of comments on the First Screencheck Draft EIR by City staff, Consultant
will make the required revisions and provide twenty-five (25) total copies of the Second
Screencheck Draft EIR and Technical Appendices in three-ring binders, The Second
Screencheck Draft ElR shall be prepared in Microsoft Word 2000 and shall be printed at 1,5
spacing. Appendices shall be single-spaced.
. Following receipt of comments on the Second Screencheck Draft EIR by City staff,
Consultant will make the required revisions and provide five (5) total copies of the Third
Screencheck Draft EIR, first draft MMRP and Technical Appendices in three-ring binders.
The Third Screencheck Draft EIR shall be prepared in Microsoft Word 2000 and shall be
printed at single spacing. Appendices shall be single-spaced.
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Public Review Draft EIR
. Following City staff review of the Third Screencheck EIR, Consultant will make the required
revisions and prepare the document for public review. One hundred copies (100) total copies
of the Draft EIR, MMRP and Appendices, including twenty (20) copies of the documents in
three-ring binders and eighty (80) copies of the document on Compact Disk (CD) will be
provided to the City. CDs submitted to the City shall be accompanied by a hard copy of the
Executive Summary with a pouch to hold the CDs. PCR will prepare the Notice of
Completion for the City, and the City will handle the public review distribution.
. Consultant shall prepare Draft Candidate CEQA Findings of Fact and, if necessary, a
Statement of Overriding Considerations for review by City of Chula Vista staff and legal
counsel after distribution of the Draft EIR for public review. Consultant shall submit five (5)
copies of the draft Candidate Findings of Fact and Statement of Overriding Considerations
with the draft responses to comments.
Final EIR
. Following the close of public review, Consultant shall meet with City staff to discuss
comments received. Following consultation with City staff, Consultant shall provide draft
responses to comments received during public review.
. Consultant shall prepare a Screencheck Final EIR (SFEIR). The SFEIR will include
corrections and additions to the DEIRand technical reports, if appropriate; a draft Mitigation
Monitoring and Reporting Program (MMRP); a list of persons, organizations, and public
agencies commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony. Consultant shall submit twenty-five (25) copies of
SFEIR to the City for review by City of Chula Vista staff.
. Upon City staffs approval of the SFEIR' Candidate CEQA Findings of Fact and, if
necessary, Statement of Overriding Considerations, Consultant will prepare a Final EIR,
MMRP, Appendices, Candidate CEQA Findings of Fact and Statement of Overriding
Considerations (if applicable). Consultant will provide twenty-five total (25) copies
including ten (10) in three -ring binders, and ten (10) copies on CD of the Final EIR,
MMRP, Appendices, and Candidate CEQA Findings of Fact and Statement of Overriding
Considerations (if applicable). In addition, one (1) reproducible master copy of the FEIR
suitable for reproduction on City equipment and not three-hole punched will be provided.
One computer disk copy of the FEIR and related documents that can be read by Microsoft
Word 2000 will also be provided.
6: Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
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Dates or Time Limits for Delivery of Deliver abies (Screencheck technical reports assume two
sets of revisions to address City comments. Final technical reports shall adequately address all City
comments, summarize existing and future conditions analyses, and provide appropriate text, tables,
and graphics for use in the EIR document):
. .
,
. Provide Screencheck Initial Study and Notice of Preparation - October 3 I,
2006.
. Final Initial Study and Notice of Preparation: Two (2) days after receipt of
City comments on Screencheck Initial Study and Notice of Preparation.
. Final Cultural / Paleontological Resources Report - December 22, 2006.
. Final Traffic Impact Assessment- February 9, 2007.
. Final Air Quality Report - March 26,2007.
. Final Noise Impact Assessment- March 26, 2007.
. First Screencheck Draft EIR, MMRP and Technical Appendices - April 9,
2007.
. Second Screencheck Draft EIR, MMRP and Technical Appendices - Two (2)
weeks after receipt of City comments on First Screencheck Draft EIR.
. Third Screencheck Draft EIR, MMRP and Technical Appendices - Three (3)
weeks after receipt of City comments on Second Screencheck Draft EIR.
. Public Review Draft EIR, MMRP and Technical Appendices - One (1) week
after receipt of City comments on TIrird Screencheck Draft EIR.
. First Draft Findings and Statement of Overriding Considerations, if
applicable - July 26, 2007.
. First Draft Responses to Comments received during public review -
September 6, 2007.
. SFEIR including corrections and additions to the DEIR; fmal technical
reports; MMRP; a list of persons, organizations, and public agencies
commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony - October 4, 2007.
. Final EIR for public hearing including final responses to comments, Findings
and Statement of Overriding Consideration - One (1) week after receipt of
City comments on Screencheck Final EIR.
Dates for completion of all Consultant services: Date of City Council final action on
environmental documents, or completion of all tasks to the satisfaction of the City's Director of
Planning and Building, whichever is later.
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7. Documents to be provided by Applicant to Consultant:
(x) site plans (x) grading plans (x) architectural elevations (x) project description (x)
biological technical reports addressing on- and off-site resources (x) water I sewer studies (x)
geotechnical reports addressing on- and off-site resources (x) water quality technical report
addressing on- and off-site resources. : '.
( ) other: '
8. Contract Administrators.
City:
Bob McSeveney, Principal Management Assistant
Public Services Building
276 Fourth Avenue
Chula Vista, CA 92010
Tel: (619) 585-5712
Applicant:
Todd Galarneau
Vice President
McMillin Companies
PO Box 85104
San Diego, CA 92186-5104
Tel (619) 794-1303
Consultant:
Jay Ziff, Principal
PCR Services Corporation
233 Wilshire Boulevard, Suite 130
Santa Monica, CA 90401
Tel: (310) 451-4488
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
( X) Not Applicable. Not an FPPC Filer.
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( )
Category No.1.
( )
Category No.2.
( )
Category No.3.
( )
Category No. 4.
( )
Category No.5.
( )
Category No. 6.
( )
Category No. 7.
10. Insurance Requirements:
/
Investments and sources of income.
Interests in real property.
Investments, interest in real Ploperty and sources of income
subject to the regulatory, permit or licensing authority
of the department.
Investments in business entities and sources of income which
engage in land development, construction or the
acquisition or sale of real property.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted
with the City of ChuIa Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted
with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
Business positions.
(X) Commercial General Liability: $1,000,000.
(X) Automobile Liability: $1,000,000.
(X) Worker's Compensation: Statutory
(X) Employer's Liability: $1,000,000.
(X) Errors and Omissions Liability: $2,000,000.
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/
Exhibit B
Additional Recitals
2.7. The Applicant has deposited an initial sum for the p~ocessing of requests for proposals,
draft and fmal EIR's, and all other necessary environmental docum~nts as outlined in Exhibit "B"
including a mitigation monitoring program; and '
2.8. A public Request for Qualifications (RFQ) of the required environmental services was
given to the Association of Environmental Professionals, American Planners Association, and to all
consulting firms listed on the City's list of Qualified Environmental Consultants inviting prospective
Consultants to submit qualifications for projects of this nature; and
2.9. Six proposals were submitted in response to the RFQ;
2.10. A selection Committee was established pursuant to Section 2.56.11 0 of the Municipal
Code to review the qualifications of each firm based on established evaluation criteria in order to
create a short-list of the most qualified firms for projects of this nature; and
2.11. A Request for Proposals (RFP) of the required environmental services was given to the
three consulting firms that qualified for the short-list inviting those firms to submit a proposal for
projects of this nature; and
2.12. A Selection Committee was established pursuant to Section 2.56.11 0 of the Municipal
Code to review the qualifications and conduct interviews of the most qualified firms based on
established evaluation criteria;
2.13. The Selection Committee interviewed the top two firms and recommended PCR to
perform the required services for the City;
2.14. The Environmental Review Coordinator has negotiated the details of this agreement in
accordance with the Environmental Review Procedures;
2.15. The Applicant has deposited or will deposit funds for the consulting services necessary
for the preparation of the environmental documents;
2.16. PCR is uniquely qualified to serve as the Environmental Consultant for this contract
based on their familiarity with the project and project site, demonstrated ability to perform while
working as a Consultant to the City, and their familiarity with project requirements;
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}
2.17. PCR represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City of Chula Vista within the necessary timeframes;
and
2.18. The proposed contract with PCR to provide consultant services would be in an amount
not to exceed $465,406.00 with an additional $116,351.50 for:additional services should they be
,.
,
necessary.
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,
I
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
(X) Single Fixed Fee Arrangement.
"
F or performance of all of the General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
(x) Single Fixed Fee Amount: $581,757.50
Milestone or Event Amount or Percent
of Fixed Fee
I. Signing of this agreement by all parties and upon the $69,810.90 (15%)
request of the Consultant.
2. Submittal of First Screencheck Environmental $162,892.10 (35%)
Document'
3. Submittal of Second Screencheck Environmental $46,540.60 (10%)
Document"
4. Commencement of Public Review $69,810.90 (15%)
5. Completion of Final Environmental Document $69,810.90 (15%)
6. Completion of All Remaining Tasks as outlined in $46,540.60 (10%)
Exhibit "A" to this Agreement
Subtotal $465,406.00
7. 25% Contingency Fee'" (for task(s) as determined at the
sole discretion of the City's Environmental Review $116,351.50
Coordinator)
Total Fixed Fee Amount $581,757.50
,
F or purposes of payment, the first screen check shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A") to the satisfaction of the
Environmental Review Coordinator. Payment shall not be made until the City's Environmental
Review Coordinator determines that a complete screencheck document has been submitted.
"
For purposes of payment the second screencheck shall completely address all comments identified in
the first screencheck to the satisfaction of the Environmental Review Coordinator. Payment shall not
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be made until the City's Environmental Review Coordinator determines that a complete second
screencheck document has been submitted.
...
Pursuant to Section 3.2.2 of this Agreement, the Environmental Review Coordinator in their sole
discretion independently and or upon request from the Consultant, may from time to time, negotiate
additional services to be performed by the Consultant unqer this Agreement in order to cover
unforeseen issues that may be identified during the preparatio~ of the environmental document
("Additional Services"). The cost of Additional Services in connection with the environmental
document shall not exceed 25% of the total contract amount ($116,351.50).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
Fee for Phase
Said Phase
I.
$
2.
$
3.
$
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"
4.
$
( ) Time and Materials
F or performance of the General and Detailed Services"of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and htaterial spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
() Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant for $
including all Materials, and other "reimburseables" ("Maximum Compensation").
( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by the
City CounciL Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
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I
Rate Schedule
Category of Employee Employee Name* Hourly Rate
President Gregory Broughton $274.00
Principal, Environmental Planning and Documentation Jay Ziff $170.00
Principal, Director of Biological Services Steve Nelson $218.00
Principal Planner, Environmental Planning and Documentation Gary Schalman $140.00
Principal Archaeologist Marcy Rockman $137.00
Principal Architectural Historian Margarita Wuellner $114.00
Principal Paleontologist Joe D. Stewart $137.00
Associate Principal, Director of Cultural Resources Management Mitchell Marken $160.00
Associate Principal, Director of Air Quality Services Heidi Rous $152.00
Associate Principal Sally Salavea $152.00
Associate Director of Air Quality Services and Environmental Acoustics Mark Hagmann $139.00
Senior Planner Lindsay Anderson $109.00
Senior Planner Mike Harden $109.00
Senior EcologisVGlS Coordinator Ryan Henry $109.00
Senior Biologist Kristen Szabo $109.00
Senior Archaeologist Amv Holmes $108.00
Planner Marisa Montoya $99.00
Engineer Everest Yan $99.00
Associate Archaeologist K vie Garcia $87.00
Associate Planner Connie Chen $87.00
Associate Biolm,]st Maile Tanaka $87.00
Assistant Planner Ailene Batoon $76.00
Archaeological Technician Michael Vader $47.00
"Other individuals from the Consultant fIrm may be substitnted in place of the names listed solely at
the discretion of the City's Environmental Review Coordinator.
( ) Hourly rates may increase by 6% for services rendered after
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/
Materials Separately Paid For by Applicant
Cost or Rate
(X) Materials
110% of Actual Cost
Reports
Copies
"
.
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Long Distance Telephone Charges
( ) Other Actual Identifiable Direct Costs
110% of Actual Cost
110% of Actual Cost
110% of Actual Cost
110% of Actual Cost
110% of Actual Cost
Actual
Deposit
(X) Deposit Amount: $232,703.00. The remaining contract balance of $232,703.00 shall be
deposited at the City's request but no later than 10 days following the City's approval of the First
Screencheck Draft EIR. Applicant further agrees to deposit within 10 days if City requests to do so, a
sum (estimated to be up to $116,351.50 (contingency fee) for additional services if such services are
required by the City's Environmental Review Coordinator.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is
"checked", upon City's receipt of billing by Consultant, and determination by City in good faith that
Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
( ) Bill Processing:
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A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly ,
(X) Other: In accordance with the_milestones pr'oviQed herein.
,
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
(X) Other: Upon completion of the milestones identified herein.
C. City's Account Number:
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