HomeMy WebLinkAbout2011/04/19 Item 04
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~\ft.. CITY OF
.~ (HULA VISTA
APRIL 19, 2011 Item~
I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TWO-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND ATKINS
NORTH AMERICA, INC. DBA ATKINS FOR CONSULTING
SERVICES RELATED TO THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
PALOMAR GATEWAY DISTRICT SPECIFIC PLAN AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
DEVELOPMENT SERVICES DIRECTO~SSISTANT CITY
MANAGER
ClTYMANAGFR r
4/STHS VOTE: YES D NO I X I
SUMMARY
During the past twelve months Development Services staff and Stakeholders from the
Southwest Community have been working on various planning activities related to the
preparation of a Specific Plan for the Palomar Gateway District (see Attachment 1 -
Vicinity Map). Staff has determined that the adoption and implementation of the Specific
Plan may result in significant, adverse environmental effects. As a result, staff has
determined that a Program Environmental Impact Report (EIR), should be ,prepared by an
expert environmental consultant, since staff does not have the available time or expertise to
perform the subject work. In August 2010, Stan-issued a Request For Proposals (RFP) and
initiated the process to select the most qualified consultant to prepare the EIR. The item
before the City Council is a recommendation to approve an agreement (see Attachment 2)
with Atkins (formerly known as PBS&J) for environmental consulting services in an
amount not to exceed $174,436, which includes a $5,000 contingency for the preparation of
the California Environmental Quality Act (CEQA) required environmental documents, i.e.
the EIR, for the proposed project. The preparation of the Specific Plan and EIR is being
paid for by funding from the San Diego Association of Govemments (SANDAG) under a
Smart Growth Incentive Program Grant.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed contract approval for
compliance with CEQA and has determined that the activity is not a "Project" as defined
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APRIL 19, 2011, Item~
Page 2 of 4
under Section 15378 of the State CEQA Guidelines. Therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review of contract approval is required.
RECOMMENDATION
Staff recommcnds that the City Council approve the resolution entering into the
agreement with Atkins for the preparation of the EIR for the Palomar Gateway District
Specific Plan.
BOARDS/COMMISSION RECOMMENDA nON
Not Applicable.
DISCUSSION
Background
During the past twelve months Development Services staff and Stakeholders from the
Southwest Community (participating in an ad hoc group known as the Southwest
Working Group) have been working on a variety of planning activities in the Southwest
Area of Chula Vista, as part of the efforts to implement the City's General Plan. The
Palomar Gateway District (PGD) is one of the areas of the Southwest where' City staff
and the Southwest Working Group have been focusing their planning activities. The
PGD is located in the area of Palomar Street and Industrial Boulevard (see Attachment I
Vicinity Map).
The General Plan designates the PGD as one of five "areas of change," which are those
areas where more intensive development, revitalization and/or redevelopment are
proposed to occur. The General Plan vision for the PGD includes a Mixed-Use Transit
Focus Area (TF A) directly west and north of the Palomar Trolley Station, higher
residential intensity, a neighborhood park and retail to the south of the TF A. The goal is
to provide for additional housing and mixed-uses (residential and commercial) that take
advantage of a major transit station within walking distance. Future development of the
PGD must be consistent with the goals and policies of the 2005 General Plan. The
General Plan calls for the preparation of a Specific Plan for this area that would
implement the goals, objectives and policies of the General Plan.
In the summer of 2009, the City of Chula Vista was awarded a Smart Growth Incentive'
Program grant from SANDAG for the preparation of the Specific Plan and EIR for the
PGD. This project was awarded a total of $400,000 in planning grant funds. Additional
matching funds in the amount of $150,000 have been allocated from the Redevelopment
Agency Fund and programmed in the 2009-11 Capital Improvement Program. The grant
also anticipates the preparation of several technical studies, including a Mobility/Traffic
Assessment/Study and a Market Study (commissioned under a separate process), which
will provide information and analysis for the preparation of the Specific Plan and EIR.
The Specific Plan is being prepared by. City staff while the EIR will be prepared by a
pri vate expert envi ronmental consultant.
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APRIL 19,2011, Item 4-
Page~
Consultant Services Selection Process
In August 2010, staff prepared and issued a RFP for the Preparation of an ErR. This
initiated the process to select the most qualified consultant at the lowest cost to work with
City staff on the preparation of the EIR pursuant to the requirement of CEQA. The RFP
was distributed to the environmental consultants included in the City's Certified List. It
was also forwarded to several industry organizations and published in their trade
periodicals.
Nine finns responded to the City's RFP with proposals to prepare the EIR. After a
comparative review of the nine proposals, City staff selected and invited the top four
rated firms to an interview by a Selection Committee designated by the Director of
Development Services. The Selection Committee was formed by three City staff
members and a member of the Southwest Working Group. The Selection Committee
reviewed and ranked the proposals based on the firm's relevant experience, quality of
management team, capacity to perform the work, project understanding, proposal quality
and clarity, local experience, and billing rates.
The Selection Committee and the Development Services Director have determined that
Atkins, based on their proposal and the interview process, has demonstrated the ability to
perform the services as required for this project. Atkins represents that they are
experienced and staffed in a manner such that they can prepare and deliver the required
services within the necessary time frames. The Development Services Director has
negotiated the details of the subject agreement in accordance with procedures set forth in
the City's Purchasing Ordinance (Section 2.56 of the Chula Vista Municipal Code).
Scope of Work
Atkins will be hired under the proposed agreement to prepare a Program EIR for the PGD
Specific Plan. Atkins will 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 Specific Plan as necessary to ensure that the EIR is currcnt and complete as
to issues raised by such agencies, persons or organizations. The Draft and Final ErR shall
be prepared in such a manner that they will be meaningful and useful to decision-makers
and to the public. Following is a detailed list of the specific tasks deliverables to be'
produced and submitted by Atkins under the agreement.
Deliverable No. I: Draft Project Description and Notice of Preparation
Deliverable No.2: Technical Report
Deliverable No.3: First Screencheek Draft EIR
Deliverable No.4: Second Sereencheck Draft EIR
Deliverable No.5: Third Sereencheck Draft EIR
Deliverable No.6: Public Review Draft EIR
Deliverable No.7: Mitigation Monitoring and Reporting Program
Deliverable No.8: Findings and Statement of Overriding Considerations (if applicable)
Deliverable No.9: Final ElR
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APRIL 19,2011, ltem-&-
Page 4 of 4
Contract Pavment
The total cost of the contract for consulting services is $169,436, with an additional
$5,000 contingency for additional services to cover unforeseen issues that may arise
during preparation of the EIR if determined to be necessary by the City's Development
Services Director. As indicated previously, the total cost of the agreement will be paid
for with funds from the SANDAG Smart Growth Incentive Program Grant that the City
applied for and received in 2009.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found a
conflict in that council member Ramirez has property holdings within 500 feet of the
boundary of the PGD area, which is the subject of this action.
CURRENT YEAR FISCAL IMP ACT
Approval of the agreement with Atkins for the preparation of the PGO Specific Plan EIR
will not create a fiscal impact for the City, since the costs associated with the proposed
agreement, as well as the staff time costs, are being paid for by the Smart Growth
Incentive Program grant from SANDAG that the City applied for and received in 2009
and Redevelopment flmds set aside during Fiscal Years 2009-2010 and 2010-2011.
ONGOING FISCAL IMPACT
No On-going Fiscal impact will be created by the approval of this contract. See
statement above under Current Year Fiscal Impact.
ATTACHMENTS
Attachment 1 - Locator Map
Attachment 2 - Agreement between City of ChulaVista and Atkins North
America, Inc. dba Atkins
Prepared by A1iguef Z Tapia, Development Services Department
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4-4
ATTACHMENT 1
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Palomar Gateway
District Specific Plan
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PALOMAR GATEWAY DISTRICT
Vicinity Map
ClIY Of
CHULA VISTA
4-5
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROY AL BY
THE CITY COUNCIL
A;r::Ji!3?J;/.s '~2f-Jjp)
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~len.R:=:Go(lgrns
City Attorney
Dated:
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AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, AND
ATKINS NORTH AMERICA, INC. DBA ATKINS
TO PREP ARE A PROGRAM ENVIRONMENTAL IMP ACT REPORT
FOR THE P ALOMAR GATEWAY DISTRICT SPECIFIC PLAN
4-6
Agreement between
City of Chula Vista
and
Atkins North America, Inc. dba Atkins
to Prepare a Program Environmental Impact Report for
The Palomar Gateway District Specific Plan
This agreement (Agreement), dated , 20 II for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A
to this Agreement (Exhibit A), Paragraph I, is between the City-related entity whose name and
business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name,
business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4
through 6, (Consultant), and is made with reference to the following facts:
RECITALS
WHEREAS, the City is preparing a Specific Plan for the Palomar Gateway District
pursuant to the City's General Plan; and
WHEREAS, in the Summer of 2009, the City was awarded a Smart Growth Incentive
Program grant from the San Diego Association of Governments (SANDAG) for the preparation
of the subject Specific Plan and associated studies including an Environmental Impact Report
("Project"); and
WHEREAS, in January 2010, the City entered into an agreement with SANDAG as part
of the grant award and said agreement requires the City to carry out certain responsibilities
related to the grant award and the activities related to the preparation of the Specific Plan and
associated studies by the City and other entities, including Consultants retained to fulfill
responsibilities/duties outlined in the scope of the grant; and
WHEREAS, as administrator of the grant funds. SANDAG will play an active role
overseeing the project activities and process, such as reserving the right to review draft Request
for Proposals, Consultants' proposals, and the work ofthe Consultants; and
WHEREAS, SANDAG will reimburse the City for tasks and activities undertaken as
part of the preparation of the Specif1c Plan and associated studies, including tasks and activities
undertaken by Consultants, upon presentation of the required valid invoices; and
WHEREAS, payments to Consultants for services rendered to the City as part of this
Agreement will be made on a quarterly (three months) basis, subsequent to submittal of valid
invoices with a ten percent (10%) retention being required which will be paid upon subsequent
completion of services; and
WHEREAS, City's submittal of quarterly reports/invoices toSANDAG for
reimbursement, including Consultant's invoices for work completed, will be on the first week of
the months of January, April, July, and October; and
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Two Party Agreement Between City o/Chllla Vista and Atkins North America. Inc. dba Atkins to prepare a "Program Environmental Impact
Reportfor the Palomar Gateway District Specific Plan" 4-7
WHEREAS, the preparation of the Specific Plan requires the preparation of a Program
Environmental Impact Report (PEIR) that will analyze the potential adverse impact to the
environment and provide measures to adequately mitigate Project impacts; and
WHEREAS, on August 15,2010, the City issued a Request for Proposals (RFP) for the
preparation of the PEIR on a competitive basis pursuant to the City's Purchasing Ordinance; and
WHEREAS, on September 15, 2010, the City received nine Proposals for the
preparation of the PEIR from private consulting firms; and
WHEREAS, on November 18, 2010, a City Selection Committee (made up of three City
staff members and a member of the Southwest Working Group) interviewed four firms whose
proposals were considered the top ranking proposals from all the proposals submitted; and
WHEREAS, based on the interview results, the firm of Atkins North America, Inc.
(Atkins) was selected to enter into the agreement with the City for the preparation of the PEIR;
and
WHEREAS, the Selection Committee based its selection on the Consultant Project
Manager's experience, team's relevant prior project experience, understanding of the project,
team coordination, and proposal's cost; and
WHEREAS, City staff has prepared an this Agreement between the City and Atkins for
the preparation of the PEIR; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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Two Party Agreement Between City afClmla Vista and Atkins North America, fne. dba Atkins to prepare a "Program Environmental Impact
Reportfor the Palomar Gateway District Specific Plan" 4- 8
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE 1. CONSULTANT'S OBLIGATIONS
A. General
I. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 (General Duties).
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the serVices, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined 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 the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services (Additional Services), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph I O( C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
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Two Party Agreement Between City ofChu/a Vista and Atkins North America. Inc. dba Atkins to prepare a "Program ERl'ironmenta/ Impact
Report lor the Palomar Gatgway District Specific Plan" 4 - 9
B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scope ofInsurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOl).
b. Auto. Insurance Services Office Form Number CA 0001 covenng Automobile
Liability, Code 1 (any auto).
c. We. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
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Two Party Af(reement Between City of Chula Vista and Atkins North America. Inc. dba Atkins to prepare a "Program Environmental Impact
Report for tile Palomar Gateway District Specific Plan" 4 -1 0
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, ofticials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self:insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
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Two Party Agreement Between City olOlu/a Vista and Atkins North America, Inc. dba Atkins to prepare a "Program Environmental Impoc.1
Report/or the Palomar Gateway DistrictSpecijic Plan" 4-11
Consultant and in no way relieves the Consultant from its responsibility to provide
msurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Active Negligence. Coverage shall not extend to any indenmity coverage for the
active negligence of the additional insureds in any case where an agreement to
indenmiJY the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability 0 f Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
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Two Party Agreement BdWeen City ofChula Vista and Atkins North America, Inc. dba Atkins to prepare a "Program Environmental Impact
Reportfor the Palomar Gateway District Specific Plan" 4-1 2
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to inspect, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
I. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, 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.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Securitv. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
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Two Party Agreement Between City ofChula Vista and Atkins North America, Inc. dbll Atkins to prepare a "Program Environmental Impact
Reportfor the Palomar Gateway District Specific Plan" 4-1 3
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared invoice from
Consultant, submitted to the City as indicated in Exhibit A, Paragraph 10 (D) City shall
compensate Consultant for all services rendered by Consultant according to the terms and
conditions set forth in Exhibit A, Paragraph 10 (D), subject to the requirements for
retention set forth in Exhibit A, Paragraph 18.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City and SANDAG to evaluate that the amount due and
payable is proper, and such billing shall specifically contain the City's account number
indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
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Two Party Agreement Between City ofChula ns1a and Atkins North America. Inc. dba Atkins to prepare a "Program Environmental Impact
Report for the Palomar Gateway District Specific Plan" 4 -1 4
4. Pavment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notifY the Consultant in writing, stating its reasons. The Consultant
agrees that Proj ect closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other siniilar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or ?ther review.
a. Consultant.s Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, 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 economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. 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.
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 connict with Consultant's duties under this Agreement.
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
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Two Party Agreement Between City afCltula Hsta and Atkins North America, Inc. dba Atkins to prepare a "Program Environmental Impact
Rl!port for the Palomar Gateway District Specific Plan" 4 -1 5
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Dutv 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 if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. 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 any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, (Prohibited
Interest), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with 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
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited' Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisi~ns of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
I. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2, Amount of Penaltv. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
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Two Party Agreement Bl!tWeen City ofCllUla f"lsta and Atkins North A.merica. Inc. dba Atkins to prepare a "Program Environmental Impact
Report/or the Palomar Gateway District Specific Plan" 4-1 6
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 (Liquidated Damages Rate).
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress ofthe work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, 'in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
'willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions ofthe Consultant, its employees, agents or officers, or any third party.
2. Design Professional Services. If Consultant provides design professional services, as
detined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
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Two Party Agreement Between City olChula J.'7sra and Atkins North America, Inc. dha Atkins to prepare a "Program Environmental Impact
Report/or the Palomar Gateway ViS/Tic/Specific Plan" 4-1 7
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement. .
3. Costs of Defense and Award. Included in the obligations in Sections A.I and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, ofticers, employees, agents and/or volunteers, subject to
the limitations in Sections A.l. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections A.l. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, ofticers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any cif the covenants, agreements or stipulations of this Agreemeilt, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the etfective date of such
termination. In that event, all finished or urlimished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option bf the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
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Two Party Agreement Between City ofCltula Vtsta and A/kins North America. Inc. dba Atkins to prepare a "Program Environmental Impact
Report/or the Palomar Gateway District Specific Plan" 4-1 8
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may reqUire.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect .all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identitied in Exhibit A. Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants."
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Two Party Agreement Between City ofClrula flsta and Atkins North America, rne. dba Atkins to prepare a "Program Em'ironmentallmpact
Report/or tile Palomar Gateway District Specific Plan" 4-1 9
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, 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.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll t[LX, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
I. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall. not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
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Two Party Agreement BetWeen City ofChula r-7sta and Atkins North America. Inc. dba Atkins to prepare a "Program Environmental Impact
Report for the Palomar Gateway District Specific Plan" 4 - 2 0
E. Administration of Contract. Each party designates the individuals (Contract
Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof. .
G. Attorney's Fees. Should. a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for art
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
1. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. 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 in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it 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.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
M. Governing LawNenue. 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,
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Two Party Agreement Between City ofChula 1-'lsta and Atkins North America, Inc. dba Atkim.' to prepare a "Program Environmental lmpad
Report for the Palomar Gateway District Specific Plan" 4 - 21
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Two Party Agreement Between City ofCltula Hsta and Atkins North America. [nc. dba Atkins to prepare a "Program Environmental Impact
Report for the Palomar Gateway District Specific Plan" 4 - 2 2
Signature Page to
Agreement between
City of Chula Vista
and
Atkins North America, Inc. dba Atkins
to Prepare a Program Environmental Impact Report for
The Palomar Gateway District Specific Plan
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
City of Chula Vista
By:
Cheryl Cox, Mayor
Date:
Atkins North America, Inc. dba Atkins
Date: A<:f1':\L C
LO\I
Attest:
By:
Donna Norris, City Clerk
Date:
Approved as to form:
By:
Glen R. Googins, City Attorney
Date:
Exhibit List to Agreement (X)
Exhibit A.
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Two Party Agreement Between City Ofe/lUlu Hsta and Atkins North America, Inc. dba Atkins to prepare a "Program Environmental Impact
Reportfor ,lte Palomar Gateway District Specific Plan" 4-23
Exhibit A
to
Agreement between
City of Chnla Vista
and
Atkins North America, Inc. dba Atkins
I. Effective Date of Agreement: Date last executed by parties.
2. City-Related Entity:
(X)City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
, a [insert business form]
(City)
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Atkins North America, Inc. dba Atkins
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
9275 Sky Park Court, Suite 200
San Diego, CA 92123-4386
858-514-1018
7. General Duties:
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Two Party Agreement Between City ofChula Vista and Atkins North America, Inc. dba Atkins to prepare a "Program Environmental Impact
Reportfor the Palomar Gateway District Specific Plan" 4- 2 4
The Consultant is being hired to prepare a Program Environmental Impact Report (PEIR or
EIR) that will assist in the evaluation and adoption of a Specific Plan for the Palomar
Gateway District. The PEIR will analyze the Specific Plan and its potential adverse impact
to the environment and provide measures to adequately mitigate the Specific Plan's potential
impacts.
8. Scope of Work and Schedule:
A. Detailed Seope of Work:
Atkins shall prepare a Program EIR for the Palomar Gateway District Specific Plan (PGDSP or
project). Atkins shall take into account written comments received on the Notice of Preparation
from Trustee and responsible agencies, as well as persons and organization in the preparation of
the EIR within the limits of the detailed scope of work provided below. 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 shall be prepared in Microsoft Word.
Atkins shall compile supporting documents into separate volume(s) to be referred to as the
Appendices to the EIR. The Appendices shall include the Notice of Preparation (Nap),
responses to the Nap and any technical reports and relevant technical information generated for
the EIR.
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 ofrelevant planning documents and environmental studies and
regulations, including but not limited to, the updated City's General Plan and EIR, and 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, which are described and limited to the tasks identified in the detailed scope of
work below.
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Two Party Agreement Between City ofCllUla Vista and Atkins Northj4lWl(ij;.a,lnc. dba Atkins to prepare a "Program Environmental Impact
Report/or tlle Palomar,Gutt!way District Specific Plan" 4- Z t)
Initial Studv
Because the City of Chula Vista has determined that an EIR is required for the project, an Initial
Study is not required by the California Environmental Quality Act (CEQA) and therefore is not
included in this scope of work.
Notice of Pre oar at ion
1. Atkins will prepare the EIR NOP and provide a copy to the City for review. Atkins will
prepare one set of revisions to the draft NOP based on comments received from City staff,
and provide the City with an electronic version and five copies of the fmal NOP. The City
will be responsible for posting, publication or filing, and distribution of the NOP.
2. At the conclusion of the 30-day public review of the NOP, Atkins will prepare a table
that summarizes the comments received and include it in an appendix to the EIR along
with the NOP.
Public Scooing Meeting
The Atkins Project Manager will attend one EIR scoping meeting to assist City staff with
answers to questions regarding the CEQA process. The City will be responsible for the
preparation, presentation of material, and noticing for the EIR scoping meeting.
Draft EIR
Preparation of the PGDSP EIR will be undertaken by the Atkins team and shall comply
completely with the criteria, standards and procedures of CEQA (Public Resources Code
9921000 et seq.), the State CEQA Guidelines (California Code of Regulations Title 14, Chapter
3, 9915000 et seq.) as amended, the Environmental Review Procedures of the City of Chula
Vista and the regulations, requirements and procedures of any other responsible public agency or
any agency with jurisdiction by law within the limits of he detailed scope of work described
below. If there are any conflicts between the City of Chula Vista's requirements and those of any
other agency, the City of Chula Vista's requirements shall take precedent over any other
agency's requirements because the City is the lead agency.
The PGDSP EIR will be a Program EIR, which is defined as "an EIR which may be prepared on a
series of actions that can be characterized as one large project" (CEQA Guidelines 915168(a)). The
series of actions analyzed in this Program EIR includes potential future development in the PGD
area based on land uses and policies of the PGDSP. The Program EIR will identify potential
impacts that would result from implementation of the PGDSP. The Program EIR will identify a
range of potential impacts resulting from future development allowed under the PGOSP and will
identify mitigation measures that future development may implement to reduce identitied
potentially significant effects.
Subsequent activities under the PGOSP program will be examined in light of the Program EIR to
determine whether additional environmental documentation must be prepared. Where subsequent
activities are ",ithin the scope of the Program ErR and the City, as the lead agency, finds no new
impacts would occur or no new mitigation measures would be required pursuant to CEQA
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Two Party A.greement Between City ofChula ':'7sta and Atkins North America, Inc. dba Atkins to prepare a "Program Envirollmt>n/allmpact
Report for the Palomar Gateway District Specific Plan" 4 - 2 6
Guidelines S15162, the subsequent project would be considered to be within the scope of the
Program EIR and no further environmental documentation would be required.
Assemble Background Information
Atkins will review and refine the project description; review existing City of Chula Vista and
regional environmental documentation; and consider the NOP responses. In particular, the City
of Chula Vista 2005 General Plan EIR and relevant technical appendices will be reviewed and
used where appropriate in the preparation of the EIR. Other background information that may be
reviewed and used in the EIR shall include: City of Chula Vista 2004 Drainage Master Plan,
Public Facilities Implementation Analysis, Mobility Traffic Assessment, Wastewater Master
Plan, Water SupplylDemand Assessment, and Development Storm Water Manual 201 O.
Prepare Technical Studies
Atkins will coordinate the preparation of the following seven technical studies: air quality
technical report/health risk assessment, global climate change report, biological resources
technical report, cultural resources technical report, phase I environmental site assessment, noise
technical report, and sewer study/wastewater assessment. These technical studies will be
provided as part of the appendices to the Draft EIR. The EIR and associated technical studies will
include all available data and provide an assessment of the probable short-and long-term cumulative
impacts of the project. The following is the scope of work for the technical studies:
Air Quality Technical Report
The air quality technical report will be undertaken by Scientific Resources Associated (SRA),
which will be prepared in accordance with the methodologies used by the San Diego Air
Pollution Control District (SDAPCD). The Air Quality EIR section will be prepared by Atkins. .
The air quality technical report will include the following tasks:
1. Describe the existing air quality in the San Diego Air Basin (Basin) in the vicinity of the
project site based on secondary information sources, including local meteorology and
existing pollutant levels at nearby air quality monitoring stations.
2. Describe the regional air quality regional setting, ambient air quality standards, and air
quality trends.
3. List and describe relevant policies that relate to air quality in the Basin, such as the
SDAPCD Regional Air Quality Strategy (RAQS) and the California Air Resources Board
(CARB) State Implementation Plan (SIP), and local policies included in the City ofChula
Vista General Plan.
Evaluate Construction Impacts
4. SRA will evaluate impacts associated with construction of the proposed project.
Construction impacts will be evaluated on the basis of overall construction emissions such
as fugitive dust and heavy equipment exhaust. Construction impacts will be evaluated
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Two Party Agreement Between City ufChula Vista and AIkins North America, Inc. dba Atkins to prepare {J "Program Environmental Impact
Reportfor the Palomar Gateway District Specific Plan" 4- 2 7
based on the SD RAQS to determine compliance with the APCD's plans and programs to
attain and maintain the ambient air quality standards in the air basin. The emissions
estimates will be based on information provided by the proj ect planning team with regard
to construction requirements, and/or will be developed based on standardized approaches
as presented in the South Coast Air Quality Management District's CEQA Air Quality
thresholds. The emission estimates for construction will be developed based on the
USEPA's AP-42 emission factors, the ARB's OFFROAD model emission factors, or
other appropriate sources. SRA will then evaluate the significance of the emissions based
on appropriate significance criteria.
Evaluate Operational Impacts
5. The main operational impacts associated with the PODSP will be attributable to increases
in traffic anticipated due to increased intensity of development that would occur under
the proposed Specitic Plan. In addition, there will be increases in emissions associated
with the various land uses, including increased energy usage, parking lots, etc.
Accordingly, SRA will conduct an evaluation of operational impacts, including traffic
impacts, on the ambient air quality.
6. In addition, there may be some concern regarding the potential for carbon monoxide
(CO) "hot spots" to occur due to traffic congestion associated with the project. Therefore
a CO "hot spots" model analysis will be performed for two intersections for which the
LOS could degrade to LOS E or F due to project traffic using the CALINE4 model and
emission estimates derived from the EMF AC2002 model The "hot spots" evaluation will
follow CALTRANS guidance and will rely on traffic volumes and traffic queuing
information that will be provided by the traffic consultant or City staff.
7. SRA will conduct an evaluation of operational emissions to the horizon year 2022. SRA
will address impacts associated with stationary sources, including power generation, and
increases in energy use that could result in air emissions. The emissions estimates will
address applicable criteria pollutants.
8. To address the potential for adverse impacts of siting land uses in proXImIty to
transportation corridors such as the Interstate 5 corridor, SRA will prepare a Health Risk
Assessment. The Health Risk Assessment will follow guidance from the City of Chula
Vista for the preparation of health risk assessments to address mobile source air toxics,
and will focus on the potential impacts to residential and sensitive land uses from
exposure to diesel particulate matter. The analysis may be used by the City to develop
options for the PODSP regarding siting ofland uses. SRA assumes that two development
alternatives will be evaluated under this task, which will provide the City with input to
their planning process. The analysis will take into account guidance from the CARB on
siting of sensitive land uses.
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Two Party Agreement Between City olCkula Vista and Atkins North America, Inc. dba A/kins to prepare a "Program Environmental Impact
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9. Compare emission estimates with significance thresholds established for construction and
operation by the SDAPCD and, where appropriate, define mitigation measures designed
to reduce impacts.
10. Address the project's potential to expose people to substantial concentrations of odors.
11. Address the project's potential impacts to nearby and existing and future sensitive
receptors.
12. Address the proposed project's conformance with the State Implementation Plan and the
Regional Air Quality Strategy.
13. Perform a Health Risk Assessment, which addresses the potential health impacts
associated with the placement of sensitive receptors within 500 feet of the centerline of
Interstate 5.
14. Prepare an mr quality technical report summanzmg the information and analysis
conducted in tasks above.
15. Make one set of revisions to the air quality technical report based on comments received
from the City.
Global Climate Change Technical Report
SRA will prepare the global climate change study, while Atkins will prepare the global climate
change EIR section. To address Green House Gas (GHG) impacts from the proposed project, the
ErR consultant will complete the following tasks:
1. Develop an introductory discussion of global climate change including the most
recent information regarding the current understanding of the mechanisms behind
global climate change, greenhouse gas emissions, current conditions and trends, and
the broad environmental issues related to global climate change.
2. Develop a discussion of current international and domestic legislation, plans, policies,
and programs pertinent to global climate change.
3. Based on documents prepared by the California Air Resources Board and the
California Attorney General's Office, discuss thresholds for evaluating the project's
potential contribution to global climate, particularly in light of the goals specified in
Assembly Bill 32 (AB 32).
4. Discuss the various protocols for assessing GHG inventories, such as the greenhouse
gas protocol developed by the World Resources Institute and the World Business
Council for Sustainable Development, and the California Climate Action Registry
General Reporting Protocol.
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Two Party Agreement Between City ofChuLa f-'lsta and Atkins North Ame!.lcJ!. Inc. dba Atkins to prepare a "Program Environmental Impact
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5. Discuss potential changes in carbon storage on-site associated with modifications to
the existing land uses and habitats (as applicable) due to implementation of the
project.
6. Using Urbemis 2007, EMFAC2007, and other appropriate models, project GHG
emissions for the following sources associated with the proposed Specific Plan:
o Projected traffic
o Projected energy consumptive use (natural gas and electricity) for the
proposed development
o Water delivery, processing and wastewater treatment
o Solid waste disposal
7. The focus will be on emissions of carbon dioxide, methane, and nitrous oxide.
Fluorinated greenhouse gases will also be considered.
8. Compare the projected GHG emissions to the significance thresholds and provide a
discussion of project features as they relate to the reduction of GHG emissions. This
discussion will include a review of the plans
(htto:1 Iwww.chulavistaca.gov IcleanlconservationlClimate/ccwg I.asp) currently in
place in the City of Chula Vista for the control of global climate change and
evaluation of the project in relation to current legislation, including SB 375. The
evaluation will also assess whether the project would cont1ict with or obstruct the
goals and strategies identified in AB 32.
9. Develop a discussion of the potential impacts on the project due to external influences
caused by global climate change (e.g., rising temperatures and changes in rainfall
patterns).
10. Recommend strategies for incorporation into the Specific Plan that will further the
AB 32 goals for GHG reduction relative to "business as usual." Strategies may
include options that consider site and building design, energy and water use, and solid
waste generation.
II. SRA shall prepare a global climate change technical report and PBS&J shall prepare
a global climate change EIR section detailing the results of the analyses and
identifying mitigation recommendations. Mitigation may include specific design
feature recommendations for individual projects.
Biological Resources Technical Report
The project level biological resources technical study will be performed by Atkins. Atkins will
also prepare the ErR section. The biological resources technical report will include the following
tasks:
1. Review existing biological resource documents (to be provided by City); conduct an in-
house search of the California Natural Diversity Database for sensitive species known to
occur within the project area; and prepare field maps. Map vegetation and conduct a
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Two Party Agreement BetWeen City of Chula Vista and Atkins North America, Inc. dba A/kins to prepare a "Program Environmental Impact
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general botanical and zoological survey of approximately 15 acres of undeveloped land
adjacent to thc south side of Palomar Street, as well as the east/west drainage located
between Ada and Dorothy Streets. The survey will include mapping sensitive species
observed during the time of this survey. The remaining project area is developed and
therefore would not be surveyed.
2. Prepare a biological resources technical report to document the results of the biological
resource surveys conducted on the site. This report will address the project in the context
of the City's Multiple Species Conservation Program (MSCP). Specifically, this report
will include a summary of existing information, descriptions of both the field methods
and the resources found during the project survey, the potential for additional sensitive
resources to occur on site, an evaluation of the resources, regulatory issues related to the
resources on the site, impacts associated with the project, potential mitigation
requirements, and appropriate graphics/maps. This task assumes the preparation of one
set of revisions of the biological technical report based on comments from the City.
3. The biological technical report study does not include wetland delineations or other
protocol or focused surveys for plants or animals, some of which may be appropriate
depending on the results of the general botanical and zoological field survey.
Cultural Resources Technical Report
The cultural resources technical report will be performed by ASM. Atkins will prepare the ErR
section. The tasks are as follows.
1. Conduct a cultural and historical resource study for the IOO-acre study area, including: a
review of the literature and site records on file with the South Coastal Information Center to
identify previously-recorded resources; review of any previous cultural resource inventories
for the project area; and a "windshield" field survey of the project area to identify potential
historic resources.
2. Conduct a search of the Sacred Lands File with the California Native American Heritage
Commission (NAHC). ASM will contact the NAHC to determine if there are any sacred
sites for Traditional Cultural Properties recorded within the project and surrounding
vicinity .
3. Prepare a technical report to summarize the results of field and research effort, which will
consist of a description of the project's natural and cultural setting, study methods,
results, potential impacts, and programmatic recommendations. Mitigation measures will
be structured similar to the mitigation programs prepared for the City's General Plan
Update ErR and Urban Core Specific Plan ErR. The report will also identify areas of
archaeological sensitivity based upon the results of the records search.
4. Prepare the final technical report, based on comments from the City.
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Two Party Agreement Between City ofCllUla Vb'!a and Atkins North AmeJiCjl. Inc. dba Atkins to prepare a "Program Environmental lmpact
Report for the Palomar Gate-way District Specific Plan" 4 -;j I
Hazards and Hazardous Materials: Phase I Environmental Site Assessment
The Hazards and Hazardous Materials ErR section will be undertaken by Atkins based upon the
completed Phase I Environmental Site Assessment. A Phase I Environmental Site Assessment
will be prepared by Ninyo and Moore. The tasks are as follow.
The Phase I Environmental Site Assessment will include the following tasks:
I. Review of readily available background data such as pertinent environmental reports and
topographic maps. Review documents and maps for the project provided by the client.
2. Review environmental databases and compile geographic information for documented
hazardous materials and waste sites within the Specific Plan Area, as supplied by a third-
party vendor.
3. Perform a drive-by site reconnaissance of focused areas within the Specific Plan Area to
note general land usage and existing conditions, as applicable to hazardous materials
Issues.
4. Summarize geographic data for unauthorized release properties on an environmental
hazardous materials constraints map.
S. Prepare a written report presenting observations and conclusions regarding the general
nature and quantity of documented hazardous materials/waste sites within the Specific
Plan Area; summarizing the current redevelopment trends in hazardous materials
management from a regulatory and practical perspective; suggesting methods that have
proven effective in the identification, assessment, and mitigation of environmental issues;
providing general conclusions regarding the potential impact of hazardous materials
releases on redevelopment in the PODSP area, and providing a brief summary of
regulation programs and funding options for redevelopment projects in California.
Discussions of general hazardous materials/waste issues will be provided, including
issues related to redevelopment of potentially contaminated properties and potential
mitigation measures.
6. Ninyo & Moore will prepare one draft version and one final version of the technical
study report, incorporating revisions based on comments received from the City on the
draft report.
Noise Technical Report
Atkins will conduct the Noise Report and prepare the EIR section. The tasks included in the
preparation of the Noise Report are as follows:
I. Characterize the existing noise environment through a field survey of the PODSP area
by taking up to four ambient noise measurements in the immediate vicinity of the
PODSP area using an ANSI II sound level meter.
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Two Party Agreement Between City ofe/tulo Vista and Atkins North America, Inc. dba Atkins to prepare a "Program Environmental Impact
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2. Describe noise characteristics and applicable City of Chula Vista Noise Element and
ordinance standards for noise as a basis for developing thresholds of impact significance.
3. Vehicular traffic noise will be determined for both the existing condition and for 2030
traffic volumes on nearby roadways using traffic volumes obtained from the mobility
traffic study for the project. This analysis will be conducted using the Federal Highway
Administration (FHW A) Traffic Noise Model (TNM) for traffic. The analysis will
describe the baseline noise exposure profile in terms of the Community Noise Equivalent
Levels (CNEL) noise metric using the FHW A Model with the most current California
Vehicle noise curves (CAL VENa).
4. Prepare a no-project versus with-project vehicular noise impact comparison. Prepare a table
showing the resulting noise levels at increasing distances from the source.
5. Obtain San Diego Trolley operation data for the line that crosses the PGDSP area from
train schedules provided on the SDMTS Web site.
6. Conduct a noise analysis of the existing train operations using the Chicago Rail
Efficiency and Transportation Efticiency (CREATE) railroad noise model. This model
uses Federal Transit Administration procedures to determine generalized Day-Night
Level (Ldn) noise contours for the trains. The model will not consider topography, noise
barriers, or other site-specific criteria. Prepare a table showing the resulting noise levels
at increasing distances from the source.
7. Conduct research regarding the train horn nOise levels emanating from trolleys and
freight trains which use the railroad located within the project area to determine single
event noise levels (SENL) associated with these activities. Also, generally describe the
frequency of these events during the typical weekday and weekend day based on research
of the trolley and freight train carriers.
8. Estimate the noise levels from the train horn noise at the nearest residences by calculating
the attenuation of the train horn noise over distance from the source using standard
straight-line methodology from the railroad for both trolley and freight train horn noise
using the train horn noise data obtained through research. The estimate would be based
on line-of-sight distance and would not take into account topography and building or
other obstructions in estimating the noise levels.
9. Address the potential for impacts to the proposed residential land uses adjacent to the
railroad from the trolley and treight train horn noise. Also generally discuss the potential
attenuation of train horn noise to the interior of multi-family residences that would be
achieved through compliance with Title 24 of the California Code of Regulations as part
of the mitigation for other noise levels associated with the trolley and freight train
activities.
10. Prepare a written description of the train horn noise analysis methods and results for
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Two Party Agreement Between City ofChula Vista and Atkins North America. Inc. dba Atkins /0 prepare a "Program Environmental Impact
Report for the Palomar Gateway District Specific Plan" 4 - 3 3
inclusion in the noise technical report and noise EIR section.
11. Identify specitic sensitive receiver locations within the PGDSP area where mobile source
noise impacts from on-road traffic and light rail noise sources (Trolley) may adversely
affect project vicinity residents. Determine site suitability for noise-sensitive uses.
12. Evaluate the potential for ground-borne vibration impacts to occur from project
construction and light and freight rail sources.
13. Evaluate noise impacts from temporary onsite construction noise sources, based on a
worst-case scenario, using similar assumptions to those used for the air quality impact
analysis.
14. Relate project nOIse impacts to the City's performance standards, noise/land use
compatibility guidelines in the City's General Plan Noise Element and other applicable
noise exposure regulations. Develop a noise impact mitigation plan for any predicted noise
impacts that exceed target noise exposure limits. This would include a menu of
programmatic mitigation measures that would apply to different types of subsequent
projects.
15. Address potential noise issues associated with a mixture of residential and commercial
uses within the PGDSP boundary.
16. Make one set of revisions to the noise technical report based on City comments.
17. Include the Noise Report as an appendix to the ElR.
Wastewater Assessment/Sewer Study
The Atkins engineering group will prepare the sewer capacity study. The proposed project sewer
flows drain to the Salt Creek Interceptor sewer via the Industrial Boulevard sewer, owned and
operated by the City of Chula Vista, which discharges into the South San Diego Interceptor,
owned and operated by the City of San Diego's Metropolitan Wastewater Department, located
west of Interstate 5. The capacity analysis will include the following engineering services.
Conclusions from the Wastewater Assessment/Sewer Study will be incorporated into the Public
Services and Utilities section of the EIR.
1. Attend one kick-off meeting with the City of Chula Vista to review as-built plans and the
proposed sewer conveyance for the PGDSP.
2. Estimate the sewage generation from the PGDSP based on the maximum allowable land
uses proposed in the specific plan.
3. Update the hydraulic model with the new sewage generation and evaluate capacity
constraints of downstream facilities from the proj ect to the City of San Diego's Metro
connection. Identify any ultimate system deficiencies and recommend proposed
upgrades.
4. Prepare a new flow chart documenting the existing and ultimate Metro Capacity needs.
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5. Prepare a Draft technical memorandum for the City Engineering Department's review
and attend one meeting with City staff to review comments on the technical
memorandum.
6. Prepare one set of revisions based on the City's comments.
7. Include the Wastewater Assessment as an appendix to the EIR.
FIRST SCREENCHECK DRAFT EIR
Table of Contents.
Atkins will prepare a Table of Contents, including a list of tables and exhibits.
Executive Summary
The Executive Summary will contain all elements required in CEQA Guidelines 915123, and
will include a brief description of the project, including the required discretionary approvals, and
the alternatives evaluated in the EIR. It will also include a discussion of the areas of controversy
and issues to be resolved, including the choice among alternatives and whether or how to
mitigate the significant effects. The summary would include three tables, one providing a
summary of direct impacts and mitigation measures identified for the proposed project, one
providing a summary of cumulative impacts and mitigation measures identified for the proposed
project, and the last one would provide a matrix identifying the impacts and mitigation measures
of the project alternatives.
Introduction
Atkins will prepare an Introduction to the ErR describing the purpose, scope and legislative
authority of the EIR and other pertinent environmental rules and regulations. The Introduction
will describe the process, structure, required contents and its relationship to other potential
responsible or trustee agencies. The Introduction will provide a description of the purpose of a
program EIR as described in CEQA Guidelines 915152, and specifically how the analysis will
differ from the evaluation of individual future projects. A brief description of the City of Chula
Vista's 2005 General Plan Update Program EIR will be included in the Introduction.
Environmental Setting
The Environmental Setting will be prepared in conformance with CEQA Guidelines 915125. It
will briefly describe physical conditions, including natural resources, as they exist in the project
vicinity with emphasis on conditions important to the analysis of impacts at the time the Notice
of Preparation is filed with the State Clearinghouse. This section will also provide an overview
of the local and regional environmental setting of the project. Compliance or inconsistency with
any applicable adopted local or regional plans will be briefly discussed.
Project Description
The Project Description section will be prepared to comply with all requirements of CEQA
Guidelines 915124 and will include a discussion of the project's regional context and a legal
description of the proposed PGDSP, including proposed land uses, circulation, and phasing. An
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Two Part)' Agreement Bt!tWeen City ofeha/a Hsta and Atkins North America, Inc. dba Atkins to prepare a "Program Environmental Impact
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overview of the project's background, history, and objectives will also be provided. The Project
Description will discuss the project's relationship to previous environmental documentation and
approvals and list the required discretionary permits and approvals. The project description,
including graphic materials, will be based solely on information provided by the City.
The project description would include any parts of the project that may be built otI-site from the
project. Atkins will review the project information provided by the City and identify any
inconsistencies between the project application materials as part of preparing the project
description; however, Atkins will not be undertaking a quality control review of these materials
because the City's project team will have already done so. Furthermore, should the project
description significantly change during the course of preparing the ErR, then an amendment to
the EIR scope of work may be required.
This ErR chapter will also provide the project objectives, which will be developed in
consultation with Chula Vista staff. The project objectives are a key element of the project
description because they set the parameters for developing the project alternatives. Finally,
accompanying the project description will be a complete list of all responsible and trustee
agencies and necessary discretionary actions, including permits, listed by jurisdiction.
Environmental Setting, Impacts, and Mitigation
The Environmental Setting, Impacts, and Mitigation section of the EIR will include the overall
Environmental Setting of the PGDSP site. 'The Environmental Analysis for the PGDSP would be
conducted in accordance with CEQA requirements and the City of Chula Vista Environmental
Review Procedures. The organization for the EIR will follow a format where each environmental
topic is subdivided into five subsections: Existing Conditions, Thresholds of Significance,
Impacts, Mitigation, and Significance Determination.
1. The Existing Condition subsection provides a description of applicable regulations and
policies promulgated by Federal, State, regional and local agencies that apply to the
specific environmental topic area. This subsection also provides a description of existing
conditions of the project site, specific to each environmental topic area. Background
information specific to each environmental topic area will be included in this section.
2. The Thresholds of Significance subsection will list the City of Chula Vista CEQA
Thresholds of Significance for the determination of environmental impacts.
3. The Impacts subsection describes the potential environmental impacts of the PGDSP.
Based upon the City of Chula Vista's Thresholds of Significance, this subsection
provides a conclusion regarding the signiticance of environmental impacts for each
environmental issue. As required by S15l26.2(a) of the CEQA Guidelines, direct,
indirect, short-term, extended-term, on-site, and/or oft:site impacts are addressed, as
appropriate, for the environmental issue being analyzed.
4. The Mitigation Measures subsection lists the mitigation measures that could reduce the
severity of impacts identified in the Impacts subsection. The Draft and Final EIR will
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Two Party Agreement Baween City ofCkula "']sia and Atkins North America, Inc. dba Atkins to prepare a "Program Em';ronmentallmpact
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provide an evaluation of all feasible mitigation measures, which could be carried out to
reduce or eliminate adverse impacts of the proposed project. S15126.4 of the CEQA
Guidelines require an EIR to "describe feasible measures which could minimize significant
adverse impacts." CEQA Guidelines S15364 defmes feasibility as capable of being
accomplished in a successful manner within a reasonable period of time, taking into account
economic, legal, social, and technological considerations. Mitigation measures are the
specific environmental requirements that may need to be implemented to allow for future
development to occur consistent with the PDGSP. For such projects, however, additional
CEQA documentation may be required if project changes occur that meet any of the
conditions listed in Sl5162 -15164 of the CEQA Guidelines.
5. The Significance Determination section will identify the level of environmental impact
from implementation of the PGDSP before and after implementation of mitigation
measures.
The scope of the environmental analysis was developed based on the preliminary project
description for the project and our knowledge of the project area. The enviromnental issues to be
addressed in the EIR are as follows:
Land Use, Planning and Zoning
Atkins will conduct the land use and planning analysis. The tasks are as follows.
1. Describe both in narrative and graphic form, the existing adopted plans and policies that
pertain to the project site, including SANDAG's Regional Comprehensive Plan, City of
Chula Vista's General Plan Update, City of Chula Vista Zoning Code, City of Chula
Vista MSCP Subarea Plan, Growth Management Ordinance, Park Land Dedication
Ordinance, Parks and Recreation Master Plan and Greenbelt Master Plan. For the General
Plan include a discussion for each of the six elements (Land Use and Transportation,
Economic Development, Public Facilities and Services, Enviromnental, and Housing). In
addition, describe the existing land use conditions for both on-site and adjacent off-site
conditions, supported by an aerial photograph.
2. Discuss proposed changes to land use designations, development intensity and
infrastructure from the PGDSP. Address compatibility with the adjacent land uses and
intensities of development with particular emphasis on the transition between proposed
land uses and adjacent development, either existing or planned. This evaluation will be
conducted as a both a plan-to-ground and plan-to-plan analysis.
3. Discuss the consistency of the PGDSP with the City's Smart Growth Principles and its
vision for the PGD, identified in Section 4.3 of the General Plan Update, Smart Growih
Principles, and Section 8.4.3, PGD.
4. Conduct an impact analysis which addresses whether the project would divide an
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Two Party Agreement Between City ofClmla Vista and Atkins North 4meRCJI. Inc. dba Atkins to prepare a "Program Environmental Impact
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established community, conflict with an applicable plan, policy or regulation; and
conflict with a habitat conservation plan.
5. Describe mitigation measures for any significant impacts identified.
Landform Alteration/Aesthetics
Atkins will conduct the analysis of potential impacts to aesthetics/landform alteration that would
result from implementation of the PGDSP. The aesthetics/landform alteration analysis will
include the following tasks:
I. Provide a description of the visual environment of the PGDSP area, including off-site visual
features supported by photographs from key public vantage points, which will be taken
during a project site field visit.
2. Describe policies and standards related to aesthetics and landform alteration identified in
the City ofChula Vista General Plan and Resource Management Plan (RMP).
3. Analyze the potential impacts to aesthetics and landform alteration associated with
substantial adverse affects to scenic resources; changes to scenic vistas from public view
points; substantial degradation of the existing community character; creation of new
sources of substantial light and glare; and construction of low rise (1- 3 stories) and mid
rise (4-7 stories) residential buildings. The significance determination will be based on an
analysis of the consistency of the proposed project with relevant local policies and
standards.
4. Develop mitigation measures and strategies to address any identified significant impacts,
such as landscaping, landform alteration standards, building design, and lighting
requirements.
Transportation, Circulation and Access
Atkins will prepare the transportation/traffic evaluation based solely on the Mobility Analysis (to
be prepared by the City's consultant). The tasks are as follows.
1. Using the information provided in the Mobility Analysis, describe the existing regional
transportation and tramc conditions within the project area.
2. Discuss the applicable regulatory framework related to transportation and trame,
including relevant policies contained within the City's General Plan.
3. Address the project's potential to result in the following:
a. Cause an increase in tramc which is substantial in relation to the existing tramc load
and capacity of the street system (i.e., result in a substantial increase in either the
number of vehicle trips, the volume to capacity ratio on roads, or congestion at
intersections.
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b. Result in a change in air traffic patterns, including either an increase in traffic levels or
a change in location that results in substantial safety risks;
c. Substantially increase hazards due to a design feature or incompatible uses;
d. Result in inadequate emergency access; and
e. Be inconsistent with General Plan or other objectives and policies regarding traffic
generation, circulation, public transit or other alternative transportation methods
thereby resulting in a significant physical impact.
4. Identify mitigation measures and strategies to address any identified significant impacts.
5. Include the Mobility Analysis as an appendix to the EIR.
Air Quality
I. Prepare the Air Quality EIR section based on the information provided in the Air Quality
Technical report prepared by SRA.
2. Address the project's potential to result in the following:
a. Conflict with or obstruct implementation of the applicable air quality plan;
b. Violate any air quality standard or contribute substantially to an existing or projected
air quality violation;
c. Result in a cumulatively considerable net increase of any criteria pollutant for which
the project region is non-attainment under an applicable federal or state ambient air
quality standard, including releasing emissions. which exceed quantitative thresholds
for ozone precursors;
d. Expose sensitive receptors to substantial pollution concentrations; and
e. Create objectionable odors affecting a substantial number of people.
3. Identify mitigation measures and strategies to address any identified significant impacts.
4. Include the Air Quality Technical Report as an appendix to the EIR.
Global Climate Change
I. Conduct an ErR level review of the global climate change technical report to ensure that
the analysis addresses the proposed project (both on and off-site features) accurately and
that the CEQA impact analysis addresses the appropriate questions identified in recent
(March 18, 2010) amendments to Appendix G of the CEQA Guidelines pertaining to
GHG emissions. As part of this review ensure that the report contains current information
relative to the City of Chula Vista Greenhouse Gas Inventory and the City of Chula Vista
Growth Management Ordinance Air Quality Improvement Plan and Water Conservation
Plan. The latter two of which have a direct bearing on GHG generation. In addition, this
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review will also identify any document informational inconsistencies that are discovered
as part of the review.
2. Summarize the global climate change technical report as a section in the Draft EIR and
include this technical report as an appendix to the Draft EIR.
Noise
1. Prepare the ErR section based on the information provided in the Noise Technical Report.
2. Identify any significant impacts and include mitigation measures to reduce impacts, as
necessary.
3. Include the noise technical report as an appendix to the EIR.
Cultural Resources
1. Summarize the Cultural Resources Technical Report as a section in the Draft EIR.
2. Identify any significant impacts and include mitigation measures to reduce impacts, as
necessary.
3. Include the Cultural Resources Technical report as an appendix to the Draft EIR.
Paleontological Resources
The Paleontological Resources EIR section will be prepared by Atkins, based on information in
the City of Chula Vista 2005 General Plan Update EIR. Identify any significant impacts and
include mitigation measures to reduce impacts, as necessary.
Biological Resources
1. Using the information provided in the Biological Resources Technical Report, describe
the existing biological resources on the project site and within the project area.
2. Discuss the applicable regulatory framework, including relevant policies contained within
City's MSCP relating to the conservation of biological resources.
3. Address the project's potential to result in the following:
a. Substantial adverse effects, either directly or through habitat modifications, on any
species identified as a candidate, sensitive, or special status species in local or regional
plans, policies, or regulations, or by the California Department of Fish and Game or
U.S. Fish and Wildlife Service;
b. Substantial adverse effects on any riparian habitat or other sensItive natural
community identified in local or regional plans, policies, or regulations or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service;
c. Substantial adverse etlects on federal protected wetlands as detined by Section 404
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of the Clean Water Act (including but not limited to marshes, vernal pools, coastal
areas, etc.) through direct removal, tilling, hydrological interruption or other means;
d. Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites;
e. Conflicts with any applicable local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance;
f. Conflicts with the provisions of an adopted Habitat Conservation Plan, Natural
Communities Conservation Plan or other approved local, regional or state habitat
conservation plan; and
4. Identify mitigation measures and strategies to address any identified significant impacts.
5. Include the Biological Resources Technical Report as an appendix to the EIR.
Hydrology and Drainage
Atkins will prepare the hydrology and drainage section of the ElR. The tasks are as follows.
Water Quality
I. Prepare a general description of the existing surface water quality on project site based on
secondary information sources and a detailed description of the regulatory background
pertaining to water quality, including federal, state and local regulations, plans and policies,
such as the Federal Clean Water Act, Porte Cologne Act, San Diego Basin Plan, San Diego
Municipal Permit and Construction Permit. Include a description of surface water quality
status (e.g., impaired water body status) for creeks and water bodies that may be affected
by the project, such as the San Diego Bay.
2. Conduct a water quality impact analysis that addresses both construction and operational
effects to surface runotf.
3. Mitigation measures for water quality will be described based on the implementation of
Best Management Practices (BMPs) focused on reducing impacts to water quality as a
result of construction activities. For example, flow control structures (e.g., sand bags)
may be used to route construction area runoff away from sensitive areas. BMPs also
involve the proper maintenance of construction equipment and the proper storage of
pollutants such as oil and gasoline. In addition, measures identified in the City of Chula
Vista Storm Water Manual will be identitied as mitigation measures for surface water
quality impacts.
Hydrology
I. Provide a description of the hydrologic units and sub-basins within the PGDSP area
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Two Party Agreement Between City ofChllJa Vista and Atkins North America, lnc. dba Atkins to prepare a "Program Environmentallmpad
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based on secondary information sources, including information provided in the City of
Chula Vista 2004 Drainage Master Plan, the City's Development Storm Water Manual
2010, and Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency
Management Agency (FEMA). In addition, drainage will be evaluated in light of the City
ofChula Vista's Growth Management Standards.
2. Programmatically address both construction and operation effects to surface runoff based on
the information compiled in the existing conditions section for this topic. This analysis will
also consider all applicable code requirements, including the San Diego Regional Water
Quality Control Board Order 2007-000l.
3. Based on the information described above, identify any significant impacts as it pertains
to flooding.
4. Describe programmatic mitigation measures as performance standards for future
development projects.
Geology & Soils
Atkins will prepare the geology and soils EIR section based on the existing geology baseline
study prepared by Ninyo & Moore for the 2005 City of Chula Vista General Plan Update. The
tasks are as follows.
I. Provide a general description of the geology and soils characteristics of the site based upon
the geology baseline study prepared by Ninyo & Moore for the 2005 City of Chula Vista
General Plan Update.
2. Summarize the conclusions of the Ninyo & Moore report using as a reference the goals,
objectives and guidelines found in the City's adopted General Plan.
3. As part of the impact analysis address the project's potential to result in the following:
a. Expose people or structures to potential substantial adverse effects, including the risk
of loss, injury, or death involving:
1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a kno','iTI fault. (refer to Division of Mines
and Geology Special Publication 42);
ii. Strong seismic ground shaking;
iii. Seismic-related ground failure, including liquefaction; and/or
iv. Landslides
b. Result in substantial soil erosion or the loss of topsoil.
c. Be located on a geologic unit or soil that is unstable, or that would become unstable as
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Two Party Agreement Between City ofChu/a Hsta and Atkins North America. Inc. dba AIkins to prepare a "Program Environmental Impact
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a result of the project, and potentially result m on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse.
u. Be located on expansive soil, as defined in Table l8-l-B of the 2010 Uniform
Building Code, creating substantial risks to life or property.
e. Be inconsistent with General Plan geotechnical policies thereby resulting in a
significant physical impact.
4. Describe mitigation measures to address potential geologic hazards, including
compliance with the goals, principals and guidelines provided in the City's adopted
General Plan.
Public Services and Utilities
Atkins will conduct the public services and utilities analysis, which will be supported by the
Wastewater Assessment/Sewer Study prepared by Atkins, the Water Supply/Demand
Assessment prepared by Sweetwater Authority, and the Wastewater Master Plan previously
prepared by Atkins. In addition, public services and utilities will be evaluated in light of the City
of Chula Vista's Growth Management Ordinance quality of life threshold standards. Air quality
and drainage are also addressed in the Growth Management Ordinance. A discussion concerning
these topics will be found in the air quality, and hydrology and drainage -sections of the ElR,
respectively. The tasks for this section are described below and apply to each of the following
topics.
. Fire and Emergency Medical Services
. Police Services
. Schools
. Libraries
. Parks, Recreation, Opens Space and Trails
. Water (including water supply, distribution, and conservation)
. Wastewater
. Solid Waste
. Gas and Electricity
. Telephone and Cable
1. Each topic will include a discussion of applicable policy and regulations, such as the City -
of Chula Vista General Plan Update and Chula Vista Municipal Code. A description of
the existing service will also be provided based on information obtained from either the
serving agency or secondary sources, such as the City of Chula Vista Growth
Management Oversight Commission (GMOC) current annual report. The impact analysis
will be conducted consistent with the thresholds provided in Appendix G of the CEQA
Guidelines and the GMOC Ordinance. The impact analysis will also include a
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consistency comparison with applicable City of Chula Vista General Plan policies, such
as those pertaining to police and fire protection service, schools, libraries, amI parks and
recreation. Where appropriate, such as for the parks and recreation topic, the impact
analysis will also compare the proposed project with policies of the Greenbelt Master
Plan and the Chula Vista Parks and Recreation Master Plan.
2. Conduct an EIR level review of the Public Facilities Implementation Analysis (to be
provided by City) to ensure that the analysis addresses the proposed project (both on and
off-site features) accurately and that the CEQA impact analysis addresses the appropriate
questions identified in Appendix G of the CEQA Guidelines. In addition, this review will
also identify any document informational inconsistencies that are discovered as part of
the review.
3. Incorporate conclusions of the Public Facilities Implementation Analysis into the EIR
section.
4. Describe mitigation measures where significant impacts are identified.
Hazards and Hazardous Materials
Atkins will prepare the hazards and hazardous materials EIR section based upon Ninyo and
Moore's Phase I Hazards and Hazardous Materials Assessment, as well as research conducted
by Atkins with respect to the risk of upset, hazardous emissions, proximity to airports, wildland
fires, and the potential interference with emergency response plans. The tasks are as follows.
1. Conduct an EIR level review of the Phase I Site Assessment to ensure that the analysis
addresses the proposed project (both on and off-site features) accurately and that the
CEQA impact analysis addresses the appropriate questions identified in Appendix G of
the CEQA Guidelines. In addition, this review will also identifY any document
informational inconsistencies that are discovered as part of the review.
2. Summarize the Phase I Site Assessment as a section in the EIR and include this technical
report as an appendix to the EIR.
3. Conduct research with respect to the risk of upset, hazardous emissions, proximity to
airports and the potential interference with emergency response plans and include this
information in the existing conditions section of the hazards/hazardous materials
discussion.
4. Include maps of potential hazards, such as leaking underground storage tanks, fire
hazards, toxic waste, landfills and other areas of potential environmental concern.
5. Conduct an analysis to determine whether the project would result in a hazardous
materials impact either from contaminated soils (based on the Phase I Site Assessment)
or through the risk of upset; a hazardous emission with one-quarter mBe of a existing or
proposed school; a conflict with a nearby airport; a conflict with implementation of an
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emergency response plan; a wildland fire impact; and consistency with City of Chula
Vista General Plan and other policies regarding hazards.
6. Describe mitigation measures to address any significant impacts.
Housing/Population
Atkins will conduct the housing and population analysis. The tasks are as follows.
1. Prepare the existing conditions section, which will include data regarding applicable
housing and population information obtained from SANDAG, the City of Chula Vista
General Plan Update and other relevant sources.
2. Conduct a housing/population impact analysis addressing whether the project would
induce substantial population growth in the area; displace substantial numbers or existing
homes or people; or be inconsistent with the growth projections included in the City of
Chula Vista General Plan Update.
3. Describe mitigation measures to address any significant impacts identified in the impact
analysis.
Cumulative Impacts
The EIR will include a comprehensive analysis of cumulative impacts in. accordance with the
guidance found in 915130 of the State CEQA Guidelines. As part of the analysis, Atkins will
identify known reasonably foreseeable projects in the project vicinity for inclusion in the
cumulative impact analysis. The cumulative project list will vary with the particular issue
addressed because the cumulative nature of a particular topic area varies. For example, visual
impacts would be limited to a noticeable difference to the PGDSP's viewshed, while traffic
impacts may encompass a larger area. The City will provide a list of cumulative projects to
Atkins. Publicly available documents such as EIRs, and conditional use permits will be reviewed
as part of identifying cumulative projects. Projects proposed after publication of the NOP will
not be considered in the analysis. The cumulative analysis will focus on the potential for newly
identified cumulative impacts to occur that are associated with the PGDSP and that were not
addressed in the General Plan Update FEIR.
The Cumulative Impacts section will address each of the environmental topic subsections
addressed in the EIR. For each environmental topic, four questions will be addressed in the
analysis:
1. What is the geographic context of the analysis?
2. Does a signiticant cumulative impact exist?
3. If so, what is the project's contribution before implementation of project-level mitigation
measures?
4. What is the project's contribution after implementation of project-level mitigation
measures?
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Two Party Agreement Between City ofChula Vista and Atkins North AmeriL'g. Inc. dba A/kins to prepare a "Program EnvironmentaL Impact
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The EIR will discuss reasonable mitigation measures for cumulatively significant impacts with
the recognition, as the CEQA Guidelines state, that "with some projects, the only feasible
mitigation for cumulative impacts may involve the adoption of ordinances or regulations rather
than the imposition of conditions on a project-by-project basis."
Effects Found Not to be Significant
This section will include a discussion of any environmental topics that are not anticipated to
incur significant adverse environmental effects. For the PGDSP EIR, it is anticipated that this
section will include the topics of Agricultural and Mineral Resources. The analysis of this topic
will follow the approach identified in the CEQA Guidelines Appendix G, Initial Study Checklist.
Significant and Unavoidable Environmental Impacts
Pursuant to S l5126.2(b) of the CEQA Guidelines, this section identifies significant impacts that
would not be avoided, even with the implementation of feasible mitigation measures.
Significant and Irreversible Environmental Changes
SI5126.2(c) of the CEQA Guidelines requires a discussion of any significant and irreversible
environmental effects that would be caused by the proposed project. Generally, a project would
result in significant irreversible environmental changes if the project would involve a large
commitment of nonrenewable resources, such as fuel or energy, or that the project involves uses
in which irreversible damage would result from any potential environmental accidents associated
with the PGDSP. The analysis for this section would be based on information presented for the
various environmental issues presented in the EIR.
Growth Inducement
This section will discuss the potential for the development of the PGDSP to foster economic or
population growth or the construction of additional housing in the surrounding environment.
Included will be a discussion of the potential for the PGDSP to contribute to growth of
undeveloped areas through the extension or construction of new infrastructure facilities. The
PGDSP will be evaluated relative to the phasing of community services and facilities to serve the
new development. The project's compliance with regional and local growth management.policies
will be evaluated, including the City of Chula Vista's .Threshold Standards. Consistent with
CEQA Guidelines SI5126.2(d), the discussion will not assume that growth is necessarily
beneficial, detrimental, or oflittle significance to the environment.
Alternatives
The EIR, as well as technical studies, where appropriate and as directed by City staff, shall also
analyze up to three feasible alternatives to the project as proposed. Atkins will prepare this
section to include a discussion of up to three project alternatives (in addition to the CEQA-
required No Project Alternative) developed in consultation with the City of Chula Vista. The No
Project Alternative will be evaluated in two ways, as both a "Plan-to-Ground" (No Development)
Alternative and Plan-to-Plan (Existing Plan) Alternative. The development of project alternatives
will focus on the requirements of CEQA Guideline SI5126.6, which states that "An ElR shall
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Two Party Agreement Between City ofChula Vista and Atkins North America. Inc. dba Atkins /0 prepare a "Program Environmental Impact
Report for the Palomar Gateway District Specific Plan" 4 - 4 6
describe a range of reasonable alternatives to the project, or to the location of the project, which
would feasibly attain most of the basic objectives of the project but would avoid or substantially
lessen any of the significant effects of the project, and evaluate the comparative merits of the
alternatives." As specified in the CEQA Guidelines, the development of project alternatives will
focus on reducing proposed proj ect significant impacts, whether or not they would be mitigated
to a level below significance. The project alternatives will be analyzed to determine potential
impacts and to compare these to the proposed project impacts for each of the environmental
topics addressed for the project. CEQA does not require the alternatives analysis to be at the
same level of detail as the proposed project, and therefore this information will be more general
in nature. The summary of project alternative impacts will be illustrated in a matrix to easily
discern the differences in impacts between the alternatives. In addition, as required by the CEQA
Guidelines the environmentally superior alternative will be identified. If this is one ofthe two No
Project Alternatives, the next environmentally superior alternative will be identified. If
applicable, this section will also include a discussion of alternatives that were eliminated early in
the environmental process from further consideration.
References
The References section will provide a bibliography of reference materials used in preparing the
particular topical section of the EIR.
Mitigation Monitoring and Reporting Program (MMRP)
Atkins will prepare the Mitigation Monitoring and Reporting Program (MMRP) consistent with
Public Resources Code 921081.6 based on the mitigation measures in the EIR. The MMRP will
be prepared in tabular format. The program will identify the following: (1) the mitigation
measure; (2) the monitoring effort; (3) the time frames for implementing the mitigation and
verifying that the mitigation has been implemented; (4) the persons/agencies responsible for
carrying out the mitigation and verification; and (5) the dates when the mitigation and
monitoring activities have been completed. The MMRP will be submitted to City staff for review
with the Second Screencheck EIR. One set of revisions will be conducted on the MMRP based
on City comments.
Persons and Agencies Contacted and EIR Preparation
This section will list all persons and agencies contacted in the preparation of the ElR. In addition,
the EIR will list all persons involved in the preparation of the document and their title and role.
FINAL EIR
In accordance with 915132 of the CEQA Guidelines, the Final EIR will include the following
items:
. A list of persons, organizations, and public agencies commenting on the Draft EIR
. The responses of the lead agency to significant points raised during public review
. Revisions or clarifications to the Draft EIR
. Any other information considered important by the Lead Agency.
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In addition, the Final EIR will include the Mitigation Monitoring and Reporting Program.
Responses to Comments (RTC) on the Draft EIR
I. Atkins will prepare draft responses to written comment letters received during the public
review period. If appropriate, responses will be grouped by comment topic. This will
entail organizing the comments, as well as assigning comments to members of the Atkins
team and the City's project tearn for response, if necessary. The effort to respond to these
comments is not expected to require substantial new analysis such as the addition of an
alternative or substantial revision to a section of the EIR. The draft R TC will be
submitted to the City of Chula Vista staff electronically for their review.
2. Atkins will prepare tinal responses to written comments based on comments received by
the City of Chula Vista on the draft RTC. All comments received on the draft RTC will
be collated by the City of Chula Vista and submitted to Atkins in one document. The
RTC will be presented in side-by-side format with a reduced version of the letter on the
left side of the page and the responses on the right side of the page. PBS&J will also
prepare a list of persons, organizations and agencies commenting on the Draft EIR, and a
summary of any changes made to the Draft EIR that were incorporated into the Final
EIR, for inclusion in the Final ElR.
Revisions or Clarifications to the Draft EIR
Atkins will revise the text of the Draft EIR based on public review comments. A summary of any
changes or clarifications made to the Draft EIR that were incorporated into the Final EIR will be
submitted to the City of Chula Vista for tlieir review.
Findings/Statement of Overriding Considerations (SaC)
1. Atkins will prepare the draft of the Findings/SaC based on the example provided by the
City of Chula Vista and the information presented in the EIR. The justification for the
Statement of Overriding Considerations, if necessary, will be developed in consultation
with the City staff. Atkins will submit the draft Findings/SaC electronically to the City
of Chula Vista for their review.
2. Atkins will prepare the final Findings/SaC based on comments provided by the City of
Chula Vista.
MANAGEMENT, MEETINGS, AND HEARINGS
The Project Manager will track the budget, schedule and scope of work to ensure et1icient use of
resources. The Project Manager will:
I. Organize the various project tasks to ensure the fulfillment of contractual objectives;
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Two Party Agreement Between City ofChula Vista and Atkins North America, Inc. dba Atkins to prepare a "Program Emironmen/al Impact
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2. Monitor the progress of the docwnent preparation by the project team on a regular basis;
3. Identify and solve technical, scheduling or budgetary problems;
4. Interact with Chula Vista and public agencies;
5. Coordinate and approve outgoing project correspondence;
6. Keep the City informed of significant project developments;
7. Oversee the organization, preparation and publication of reports in draft and final form;
and
8. Monitor and evaluate the performance of project personnel.
The meeting budget has considered the cost of providing Senior and Project Manager level staff
and necessary sub-consultants at meeting and hearings throughout the EIR process. Atkins will
prepare for and attend the following:
1. One project initiation meeting with the City and others determined by City staff, which is
listed above under Project Start-Up and Initiation
2. One project workshop, if requested by the City
3. One EIR scoping meeting (the effort associated with this meeting is described above)
4. Attend up to 12 meetings with City staff to discuss EIR progress and issues as they arise
5. One Planning Commission public hearing on the DEIR and Candidate CEQA findings
6. One Planning Commission hearing on the Final ErR and Candidate CEQA findings
7. One City Council meeting on the Final EIR and Candidate CEQA findings
End of Scope of'Vork
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
All Deliverables shall also be submitted to the City in electronic format.
Deliverable No. I: Draft Project Description and Notices of Preparation
The following will be submitted within four (4) weeks of Project Start-Up and provision of all
project materials provided by City stan~
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. One (1) reproducible copy of the Notice of Preparation
o One (1) reproducible copy of Draft Project Description
Deliverable No.2: Technical Reports
The following technical reports shall be submitted within Six (6) weeks, or sooner, after City
provides Final Mobility Study:
. Air Quality/Health Risk Assessment (3 copies)
o Global Climate Change Report (3 copies)
. Noise Study (3 copies)
The following technical reports shall be submitted Six (6) weeks, or sooner, from Deliverable # 1
. Phase I Environmental Site Assessment (3 copies)
. Biological Resources Report (3 copies)
. Cultural Resources Report (3 copies)
. Sewer/Wastewater Assessment (5 copies)
Deliverable No.3: First Screencheck Draft EIR (To be submitted Four (4) weeks after
Technical Studies are substantially final. Substantially final is defined as acceptable to the City).
. Fifteen (15) copies of the First Screencheck Draft EIR (at 1.5 spacing), including
Technical Appendices (all 15 copies will be submitted in three ring binders). Appendices
shall be single spaced.
Deliverable No.4: Second Screencheck Draft EIR (To be submitted Three (3) weeks, or
sooner, after comments on First Screencheck).
. Atkins will prepare the Second Screencheck Draft EIR based on the incorporation of
comments received by the City on the First Screencheck Draft EIR. AIl comments
received on the First Screencheck Draft EIR will be collated by the City and submitted to
PBS&J in one document. Atkins will submit 15 paper copies in three-ring binders,
including 15 copies of technical appendices. The Second Screencheck Draft EIR will be
prepared in Microsoft Word 2000 and will be printed at 1.5 spacing. Appendices shall be
single spaced.
Deliverable No.5: Third Screencheck Draft EIR (To be submitted Two (2) weeks, or sooner,
after comments on Second Screencheck).
o Atkins will prepare the Third Screencheck Draft EIR based on the incorporation of
comments received by the City of Chula Vista on the Second Screencheck Draft EIR. All
comments received on the Second Screencheck Draft EIR will be collated by the City of
Chula Vista and submitted to Atkins in one document. Atkins will submit 5 paper copies,
including technical appendices, in either three-ring binders or bound to the City for
review. The Third Screencheck Draft EIR will be printed with single spacing.
Deliverable No.6: Public Review Draft EIR
To be submitted Ten (10) days after Third Screencheck
. Atkins will prepare the public review Draft EIR based on minor comments received by
the City of Chula Vista on the Third Screencheck Draft EIR. All comments received on
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Two Party Agreement Between City alChula Hsta and Atkins North America. Inc. dba Atkins to prepare a "Program Environmental ImpaLt
Report for the Palomar Gateway D6tric:t Specific Plan" 4 - 5 0
the Third Screencheck Draft ErR will be collated by City of Chula Vista staff submitted
to Atkins in one document.
. Atkins will produce a total of Eighty (80) copies of the Public Review Draft ErR and
Appendices; Twenty (20) paper copies"in three-ring binders and Sixty (60) CD copies of
the Draft ErRs and appendices will be provided. A hard copy of the executive summary
will be provided with each CD. The Draft ErR will be distributed by the City of Chula
Vista.
. One (1) reproducible copy of the Notice of Completion of Draft ErR
. One (1) reproducible copy of the Notice of Availability of Draft ErR
Deliverable No.7: Mitigation Monitoring and Reporting Program
o Fifteen (15) copies of the Draft MMRP will be provided with the Second Screencheck
Draft ErR (under separate cover)
. Twenty (20) copies of the Final MMRP will be provided under separate cover from the
Final ErR
Deliverable No.8: Findings and Statement of Overriding Considerations (if applicable). To
be submitted at start of Public Review
. Five (5) copies of the draft Candidate Findings of Fact and Statement of Overriding
Considerations at the beginning of the public review period.
. Twenty (20) copies of the final Findings of Fact and Statement of Overriding
Considerations (if applicable) under separate cover from the Final ErR.
Deliverable No.9: Final EIR
o Five (5) copies of the draft responses to comments and amended ErR sections, including
MMRP, to the City for review by City of Chula Vista staff. To be submitted Three (3)
weeks after close of Public Review and receipt of all comment letters.
. Following City staff review, Consultant shall submit five (5) each of the second draft
responses to comments, amended ErR sections, draft Candidate CEQA Findings of Fact
and, if necessary, Statement of Overriding Considerations based on comments submitted
by City staff. To be submitted within Two (2) week after City comments on first Draft.
. Twenty (20) copies of the Final ErR, MMRP and Appendices, and Candidate CEQA
Findings and Statement of Overriding Considerations (if applicable), including five (5)
copies of the Final ErR provided in three-ring binders and the remainder bound. Ten (10)
CDs containing the FErR and appendices will also be provided. To be submitted One (1)
week after receipt of City comments on second draft.
. One (1) reproducible master copy of the Final ErR suitable for reproduction on City
equipment and not three-hole punched.
. One (1) reproducible copy of the Notice of Determination and California Department of
Fish and Game (CDFG) fee certification letter of Final ErR
D. Date 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
Project Manager, whichever is later.
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9. Materials Required to be Supplied by City to Consultant:
o Final Program Environmental Impact Report for the City of Chula Vista General
Plan Update, prepared by RECON, dated December 2005 and the technical report
appendices, which provided baseline data for the preparation of the General Plan
Update Program
o Transportation Technical Appendix, Final Program Environmental Impact Report,
FEIR 05-01, City of Chula Vista General Plan Update, December 2005.
o Mobility Study
o Existing Conditions Report for the Palomar Gateway District Specific Plan
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
( ) I. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, aUhe end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim montWy advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Detined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
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Two Purty Agreement Between City ofChula r--lsta and Atkins North America. Inc. dba Atkins to prepare a "Program Em'ironmental Impact
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Phase
1.
2.
3.
Fee for Said Phase
$
$
$
( ) 1. Interim Monthly Advances. The City shall make interim montWy advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 18 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. ( ) Hourly Rate Arrangement
F or performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in ,the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ( ) 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 Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" (Maximum Compensation).
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
D. (X) Quarterly Fee Arrangement.
Total Compensation will be in the amount 01'$169,436.00, payable as follows:
Page 47
Two Party Agreement Between City olChula Vista and Atkins North America. Inc. dba Atkins to prepare a "Program Environmental Impact
Report for the Palomar Gateway District Specific Plan" 4 - 5 3
Milestone Percent of Fixed Fee
1 Scoping Meeting and Notice of Preparation 10% - $16,943.60
2 First Screencheck* Draft ElR, MMRP and Technical
Appendices 25% - $42,359.00
3 Second Screencheck Draft ElR, MMRP and Technical 10% - $16,943.60
Appendices
4 Third Screencheck Draft ElR, MMRP and Technical 5% - $8,471.80
Appendices
5 Commencement of Public Review for Draft ElR 15% - $25,415.40
First Draft Findings and Statement of Overriding 15% - $25,415.40
6 Considerations and First Draft Responses to Comments
received during public review
Final ElR for public hearing including final responses to 10% - $16,943.60
7 comments, Findings and Statement of Overriding
Considerations
8 Retention 10% - $16,943.60
9 Contingency* * $5,000
*For purposes of payment, the First Screencheck draft ElR and associated technical reports shall
completely address and analyze all issues identified in the detailed scope-of-work (described in
Exhibit "A", Section 8) to the satisfaction of the City's Development Services Director.
Payment shall not be made until the Development Services Director determines that a complete
First Screencheck draft ElR has been submitted.
**The Development Services Director in his discretion independently or upon request from the
Consultant, from time to time, may negotiate additional services to be performed by the
Consultant under this Agreement in order to cover unforeseen issues that may be identified
during the preparation of the environmental document ("Additional Services"). The cost of
Additional Services in connection with the environmental document shall not exceed the amount
of $5,000 and shall be paid on a time and materials basis in accordance with the hourly billing
rates identified below in Exhibit B attached to this Agreement.
Should the project schedule be delayed or placed on hold for more than six (6) months through
no fault of the Consultant, Consultant is entitled to submit invoices and City may provide
payment for the partial amount of the work completed if determined to be completed subject to
the satisfaction of the Development Services Director. At the request of the City, Consultant
shall provide the City whatever partially complete work product that is available as evidence of
work undertaken.
As administrator of the grant funds, SAi'lDAG will play an active role overseeing the project
activities and process. SANDAG has reserved the right to review Consultants' work, deliverable
and invoices. SANDAG will also reimburse the City for tasks and activities undertaken as part of
the preparation of the Technical Studies subsequent to presentation of the required valid
invoices.
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Two Party Agreement Between City ofChula nsta and Atkins North America, Inc. dba Atkins to prepare a "Program Environmental lmpad
Report for the Palomar Gateway District Specific Plan" 4 - 5 4
For performance of all of the Defined Services by Consultant as herein required, Consultant
shall invoice the City quarterly in March, Jlme, September, and December. The City and
SANDAG will only pay for the Consultant Services or Work performed during the quarter for
which an invoice is being submitted. Consultant invoices shall reflect the Services or Work that
was completed and the partial amount of the contract that corresponds to the Service or Work
performed. City shall submit valid invoices to SANDAG within the first two weeks of the month
following the end of the calendar quarter in which the invoice arrived. Payment of Consultant's
invoice by the City shall occur two weeks after receipt of funding from SANDAG.
Quarterlv Advances
Interim Quarterly Advances. The City shall make interim quarterly advances against the
compensation due for each invoice on a percentage of completion basis. Any payments made
hereunder shall be considered as interest free loans that must be returned to the City if the work
is not satisfactorily completed. If the work is satisfactorily completed, the City shall receive
credit against the compensation due for the total work to be performed. The retention amount or
percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the
completion of the work, the full retention has been held back from the compensation due for the
work. Percentage of completion of a portion of the work shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or such other
person as the City Manager shall designate, but only upon such proof demanded by the City that
has been provided, but in no event shall such interim advance payment be made unless the
Consultant shall have represented in writing that said percentage of completion of the work has
been performed by the Consultant. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $169,436.00
(Authorization Limit), Consultant shall not be entitled to any additional compensation without
further authorization issued in writing and approved by the City. Nothing herein shall preclude
Consultant from providing additional Services at Consultant's own cost and expense.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X)None, the compensation includes all costs.
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
Cost or Rate
$
$
$
$
Page 49
Two Party Agreement Between City ofChu/a Y7sta and Atkin.~ North America, [nc. dba Aikins to prepare a "Program Environmental Impact
Report for tlrt! Palomar Gateway District Specific Plan" 4 - 5 5
$
$
$
$
$
$
() Postage, not to exceed $
() Delivery, not to exceed $
() Outside Services:
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City:
Miguel Tapia
Project Manager
Development Services Department
Consultant:
Kim B. Howlett, Project Director
Atkins
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. I. Investments, sources of income and business interests.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, business posll1ons, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
( ) Category No.4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Page 50
Two Party Agreement Between City ofChula Vista and Atkins North America. Inc. dba Atkins to prepare a "Program Environmental Impact
Report/or the Palomar Gateway District Specific Plan" 4-56
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
(X) List Consultant Associates interests in real property within 2 radial miles of Project
Property, if any:
Michael D. Rom, brother of Atkins employee, Edward Rom, lives at 1160 Agua Tibia
Avenue, Chula Vista, 91911, which is approximately 1.75 miles from the Palomar Gateway
Specific Plan
boundary.
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
The following shall be the permitted Subconsultants for this Agreement:
Scientific Resources Associated
ASM Affiliates, Inc.
Ninyo and Moore
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
(X) Quarter! y
( ) Other:
B. Day of the Period for submi~sion of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X)End of the Month
( ) Other:
C. City's Account Number: OP217 A and OP217B
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Two Party Agreement Between City ofChu/a Hsta and Atkins North America, fne. dha Atkins to prepare a "Program Environmentallmpac.1
Report for tile Palomar Gateway District Specific Plan" 4 - 5 7
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. Ifthis space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
(X) Retention Percentage: 10% (as noted above under Section 10 (D))
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: SANDAG determination of Satisfaction of Completion of Work
Page 52
Two Party Agreement Between City ofCllula Vista and Atkins North America, Inc. dba Atkins to prepare a "Program Environmental Impact
Report for tile Palomar Gateway Di..triL't SpeciJic Plan" 4 - 5 8
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TWO-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND ATKINS
NORTH AMERICA, INC. DBA ATKINS FOR CONSlTLTING
SERVICES RELATED TO THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
PALOMAR GATEWAY DISTRICT SPECIFIC PLAN AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, Development Services staff and the Stakeholders of the Southwest Area of the
City have been working on a variety of planning activities intended to implement the General Plan;
and
WHEREAS, as part of these activities the City IS prepanng a Specific Plan for the
Palomar Gateway District; and
WHEREAS, in the Summer of 2009, the City of Chula Vista was awarded a Smart
Growth Incentive Program grant from the San Diego Association of Governments (SANDAU)
for the preparation of the subject Specific Plan and associated studies including an
Environmental Impact Report (Project); and
WHEREAS, in January 20 I 0, the City of Chula Vista entered into an agreement with
SANDAG as part of the grant award and said agreement requires the City to carry out certain
responsibilities related to the grant award ami the activities related to the preparation of the
Specific Plan and associated studies by the City and other entities, including Consultants retained
to fuUill responsibilities/duties outlined in the scope of the grant; and'
WHEREAS, SANDAG will reimburse the City for tasks amI activities undertaken as part
of the preparation of the Specific Plan and associated studies, including tasks and activities
undertaken by Consultants, upon presentation ofthe'required valid quarterly invoices; and
WHEREAS, the Specific Plan requires the preparation of a Program Environmental
Impact Report (PElR) that will analyze the potential adverse impact to the environment and
provide measures to adequately mitigate project impacts; and
WHEREAS, the Development Services Director determined that staff has neither the
available time or expertise to perform the subject work; and
WHEREAS, on August 15, 2010, the City issued a Request for Proposals for the
preparation of the PEIR on a competitive basis pursuant to the City's Purchasing Ordinance; and
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Resolution No.
Page 2
WHEREAS, on September 15,2010, the City received nine Proposals for the preparation
of the PEIR from private consulting firms; and
WHEREAS, on November 18, 2010, a City Selection Committee (made up of three City
statl'members and a member of the Southwest Working Group) interviewed four firms whose
proposals were considered the top ranking proposals from all the proposals submitted; and
WHEREAS, based on the interview results, the lirm of Atkins was selected to enter into
the agreement with the City for the preparation of the PEIR; and
WHEREAS, the Selection Committee based its selection on the Consultant Project
Manager's experience, team's relevant prior project experience, understanding of the project,
team coordination, and proposal's cost; and
WHEREAS, the Development Services Director has. negotiated the details of the subject
agreement in accordance with applicable procedures set forth in Section 2.56 of the Chula Vista
Municipal Code.
NOW, THERERFORE BE IT RESOLVED, that the City Council of the City ofChula Vista
does hereby approve a two-party agreement between the City of Chula Vista and Atkins for
consulting services for preparation and submittal of a Program Environmental Impact Report for the
Specific Plan for the Palomar Gateway District located in Southwest Chula Vista.
BE IT FURTHER RESOLVED that the Mayor of the City of City of Chula Vista is
hereby authorized and directed to execute said agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Gary Halbert, P.E., AICP
Development Services Director!
Assistant City Manager
~
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