AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND
EIP ASSOCIATES

 

THIS AGREEMENT, entered into this _____ day of _______________, 20_____, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and EIP ASSOCIATES, hereinafter called "Contractor";

 

W I T N E S S E T H:

 

WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;

 

WHEREAS, it is necessary and desirable that Contractor be retained for the purpose of performing services hereinafter described.

 
 

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

   

1.

Exhibits.

The following exhibits are attached hereto and incorporated by reference herein:

Exhibit A—Services

Exhibit B—Payments and rates

Exhibit C—Scope of Work

   

2.

Services to be performed by Contractor.

In consideration of the payments set forth herein and in Exhibit “B,” Contractor shall perform services for County in accordance with the terms, conditions and specifications set forth herein and in Exhibit “A.”

 

3.

Payments.

In consideration of the services provided by Contractor in accordance with all terms, conditions and specifications set forth herein and in Exhibit "A," County shall make payment to Contractor based on the rates and in the manner specified in Exhibit "B." The County reserves the right to withhold payment if the County determines that the quantity or quality of the work performed does not comply with the scope of services or if the services were not rendered in accordance with the standard care in the Contractor’s industry. In no event shall the County’s total fiscal obligation under this Agreement exceed One Hundred Sixty-Nine Thousand Five Hundred Fifty-Two Dollars and No Cents, $169,552.00.

 

4.

Term and Termination.

Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 27, 2004 through December 31, 2005.

This Agreement may be terminated by Contractor, the Director of the Environmental Services Agency or his/her designee at any time without a requirement of good cause upon thirty (30) days’ written notice to the other party. Upon receiving a notice of termination from the County, Contractor may continue to work solely for the purpose of completing discrete tasks and preparing documents for transmittal to County, but shall not begin any new tasks unless authorized to do so by the Director of the Environmental Services Agency.

In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall become the property of the County and shall be promptly delivered to the County. Upon termination, the Contractor may make and retain a copy of such materials. Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that portion of the full payment which is determined by comparing the work/services performed to the work/services required by the Agreement.

 

5.

Availability of Funds.

The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the county learns of said unavailability of outside funding.

   

6.

Relationship of Parties.

Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent Contractor and not as an employee of the County and that Contractor acquires none of the rights, privileges, powers, or advantages of County employees.

 

7.

Hold Harmless.

Contractor shall indemnify and save harmless County, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description, brought for, or on account of: (A) injuries to or death of any person, including Contractor, or (B) damage to any property of any kind whatsoever and to whomsoever belonging, (C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, or (D) any other loss or cost, caused by the negligence of Contractor, resulting from the performance of any work required of Contractor or payments made pursuant to this Agreement, provided that this shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be liable by reason of its own negligence or willful misconduct.

 

The duty of Contractor to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

   

8.

Assignability and Subcontracting.

Contractor shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without the County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement.

 

9.

Insurance.

The Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this paragraph has been obtained and such insurance has been approved by Risk Management, and Contractor shall use diligence to obtain such issuance and to obtain such approval. The Contractor shall furnish the Department/Division with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the Department/Division of any pending change in the limits of liability or of any cancellation or modification of the policy.

 

(1)

Worker's Compensation and Employer's Liability Insurance. The Contractor shall have in effect during the entire life of this Agreement Workers' Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor certifies, as required by Section 1861 of the California Labor Code, that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

 

(2)

Liability Insurance. The Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from contractors operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified below.

   
 

Such insurance shall include:

 

(a)

Comprehensive General Liability . . . . . . . . . . . . . . . . . .

$1,000,000

 

(b)

Motor Vehicle Liability Insurance . . . . . . . . . . . . . . . . . .

$1,000,000

 

(c)

Professional Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$1,000,000

       

County and its officers, agents, employees and servants shall be named as additional insured on any such policies of insurance, except for professional liability insurance, which shall also contain a provision that the insurance afforded thereby to the County, its officers, agents, employees and servants shall be primary insurance to the full limits of liability of the policy, and that if the County or its officers and employees have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

 

In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, the County of San Mateo at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

 

10.

Compliance with laws; payment of Permits/Licenses.

All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, and the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended and attached hereto and incorporated by reference herein as Attachment “I,” which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to, appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations.

In the event of a conflict between the terms of this agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

 

11.

Non-Discrimination.

   

A.

Section 504 applies only to Contractor who are providing services to members of the public. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement.

   

B.

General non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement.

   

C.

Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County of San Mateo upon request.

   

D.

Violation of Non-discrimination provisions. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to:

     
 

i)

termination of this Agreement;

 

ii)

disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years;

 

iii)

liquidated damages of $2,500 per violation;

 

iv)

imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager.

   
 

To effectuate the provisions of this section, the County Manager shall have the authority to examine Contractor’s employment records with respect to compliance with this paragraph and/or to set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County.

   
 

Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint, and a description of the circumstance. Contractor shall provide County with a copy of their response to the Complaint when filed.

   

E.

Compliance with Equal Benefits Ordinance. With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse.

   

F.

The Contractor shall comply fully with the non-discrimination requirements required by 41 CFR 60-741.5(a), which is incorporated herein as if fully set forth.

   

12.

Retention of Records.

Contractor shall maintain all required records for three (3) years after the County makes final payment and all other pending matters are closed, and shall be subject to the examination and/or audit of the County, a Federal grantor agency, and the State of California.

 

13.

Merger Clause.

This Agreement, including the Exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.

   

14.

Controlling Law.

The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.

   

15.

Notices.

Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, or when deposited with a public telegraph company for transmittal, charges prepaid, addressed to:

 

In the case of County, to:

San Mateo County Planning

Environmental Services Agency

455 County Center, Mail Drop PLN122

Redwood City, CA 94063

In the case of Contractor, to:

EIP Associates

353 Sacramento Street, Suite 1000

San Francisco, CA 94111

   

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

 
 

COUNTY OF SAN MATEO

 
 
 

By: _____________________________________

 

President, Board of Supervisors, San Mateo County

 
 

Date: ___________________________________

 

ATTEST:

 

By: ___________________________________

Clerk of Said Board

 

EIP Associates

 

_____________________________________

Date: ____________________________

Contractor’s Signature

  

Exhibit “A”

 

In consideration of the payments set forth in Exhibit “B”, Contractor shall provide the following services:

 

Contractor shall complete the preparation of an enrivonmental impact report for the Highland Estates project. A complete Scope of Work is included in Exhibit C.

 
 
 

Exhibit “B”

In consideration of the services provided by Contractor in Exhibit “A”, County shall pay Contractor based on the following fee schedule:

 

County will pay Contractor within thirty (30) days of receipt of a monthly invoice from Contractor itemizing the work done and using the billing rates indicated in Exhibit C.

 

In no case shall the total amount payable under this contract for the work indicated in Exhibit C exceed $169,552.00 without prior written consent of County in the form of an amendment to this Agreement.

Revised 6/03

Long Form Agreement/Non Business Associate

EXHIBIT C

 

SCOPE OF WORK

 

HIGHLAND ESTATES EIR CONTRACT

 
 

Work Program

 

Our Work Program entails the following specific tasks to enable an orderly progression of the study and overall project management.

 

Task 1. Prepare Administrative Draft EIR

Task 2. Prepare Draft EIR

Task 3. Participate in Meetings and Public Hearings

Task 4. Prepare Responses to Comments and Final EIR

Task 5. Prepare Mitigation Monitoring and Reporting Program

 
 

Task 1. Prepare Administrative Draft EIR

 

A revised Administrative Draft EIR (ADEIR) will be prepared for the project in full compliance with current CEQA requirements (EIR Guidelines amended as of December 1, 2003). At completion, 10 copies of the ADEIR will be printed for Planning and Building Division review prior to preparing the Draft EIR for public and agency review. Maps, graphics, tables, and charts will be developed to clearly depict the project and environmental information and conclusions contained in the EIR. The work program outlined below steps through each of the sections contained in the 1998 Draft EIR and briefly describes the work that will need to be completed in order to bring the document up to date to reflect current environmental conditions, the project as revised and regulatory requirements.

 

INTRODUCTION: This section will be revised to document the series of meetings between the project sponsor and Highlands Community Association and other community groups (HCA, mediation process) that have occurred since the 1998 Draft EIR was completed. This information will go under the title Meetings and Workshops currently located on pages 5 and 6. Other information regarding the Notice of Preparation, EIR scoping, the discussion of cumulative impacts and alternatives will need to be revised to reflect current conditions and events in preparation of the EIR under the revised project proposal.

 

1.

SUMMARY: The Summary section will be revised to reflect all other revisions contained in the body of the revised Draft EIR. This includes item 1.3, Areas of Controversy and Issues to be Resolved, 1.4 Major EIR Conclusions, Table 1-1, Summary of Environmental Impacts and Mitigation, Alternatives, Required Approvals and any other technical matter considered necessary to be included in the Summary section.

   

2.

PROJECT DESCRIPTION: This section will require revisions to reflect the current project proposal, including the discussion of Project Scheduling. New graphic materials will be developed to reflect the revised site plan and architecture of the residential units, including exterior appearances. The Project History discussion is not proposed to be amended or updated because this was a separate document from the EIR prepared for informational purposes only.

   

3.

ENVIRONMENTAL SETTING, IMPACTS AND MITIGATION MEASURES

   

3.1

Social/Cultural Issues

   

3.1.1

Land Use: A discussion regarding zoning will be added (this subject is also discussed in Section 2, Project Description). A discussion on RM and R-E/SS-107 zoning will be added to indicate the impact of development density possibilities under each zoning designation. Development density of a swap in zoning designations will be provided. The precedent setting potential for growth under the proposed rezoning of the project site will be evaluated (see also Growth Inducements below).

   

3.1.2

Population and Housing: This section was based on ABAG’s Projections >96 and will be updated to Projections 2004. Statistical data regarding housing units constructed, income levels and population growth will be amended as well to reflect current and projected conditions.

   

3.1.3

Traffic and Circulation: This section will require an update as described in the DKS letter attached (March 18, 2004). It is noted that the Cumulative Developments list as presented in EIR Table 3.1.3-6 will also be updated in order to reassess traffic impacts from cumulative development. Table 3.1.3-6 listed seven projects that were either approved, under construction or undergoing occupancy that would generate more than 5,000 daily vehicle trips, some of which could affect traffic conditions in the project area. Intersection levels of service are expected to have changed during the past six years which will also need to be documented in the assessment of project impacts. Safety concerns for elementary schools children will require a re-examination, and retail use of the Crystal Springs Shopping Center may have changed the demand for parking at the Center. These were critical concerns of the HCA during the earlier EIR scoping process and will be reassessed in preparing the revised Draft EIR.

   
 

In addition, the proposed vehicular entrance on Ticonderoga Drive will be assessed with respect to impacting the existing residents with access off Ticonderoga Drive to the south. This includes issues relating to vehicular speed, sight lines for safety, with a discussion of necessary mitigation for identified impacts and the timing of implementing mitigation measures, including who is responsible for implementing the mitigation measures (see discussion under Task 5 below regarding the Mitigation Monitoring and Reporting Program).

   

3.1.4

Public Services: Current conditions regarding the provision of police services, fire protection services and public school enrollments will require reexamination in order to be current. Impacts and mitigation measures regarding public services will be reevaluated in light of any public service changes or changes in standards. In addition, state requirements regarding school development impact fees have changed which will be documented.

   

3.1.5

Utilities: Water, sewer and solid waste disposal conditions will be updated to reflect current conditions. This would affect the Setting section. Impacts and mitigation measures may or may not change depending on current conditions of the Setting. The mitigation of sewer transmission capacity impacts will be updated and expanded upon. Mitigation measures will be specific as to timing and implementation (see also the discussion under Task 5 below regarding the Mitigation Monitoring and Reporting Program).

   

3.1.6

Visual Quality and Community Character: This section of the EIR will be revised to reflect the current proposal. If it is determined that photomontages be prepared for the project, Hartmut Gerdes of Square One Productions and Ted Adams of EIP Associates will meet with Highland community representatives on-site to determine the most appropriate vantage points for preparing the photomontages (photomontage preparation is listed as an option in the cost estimate). Other items to be discussed are anticipated to include the field of view, number of views for photomontage preparation, and photomontage material that may be salvaged from the 1998 EIR for presentation in the revised EIR. It is understood that new cross-sections through the project site have been prepared by the project sponsor for use in preparing the Visual Quality and Community Character section of the revised Draft EIR. Changes to the building architecture as previously documented in the 1998 Draft EIR, including physical configurations and design appearances, will be considered in the analysis. The current grading plan will be factored into the analysis.

   

3.1.7

Energy: This section will be updated to reflect recent developments regarding energy consumption and supply, and PG&E’s more recent energy supply and demand data. Traffic energy consumption may be adjusted to reflect potential new traffic data resulting from the project.

   

3.1.8

Cultural Resources: This section will be updated to reflect the current CEQA Guidelines regarding cultural resources. The guidelines were amended effective as of December 1, 2001.

   

3.1.9

Public Health and Safety: This section will require amendments as needed to reflect any changes in the Noise, Air Quality and/or Traffic sections. In addition, existing regulatory information regarding the use, handling or disposal of hazardous materials and wastes will be updated.

   

3.2

Physical/Biological Issues

   

3.2.1

Geology, Soils and Seismicity: This section of the EIR will be updated to reflect the current site plan and existing conditions on the project site. The borings and Geotechnical Feasibility report of September 17, 2002 prepared by Lowney Associates will be evaluated with respect to the current proposal. A map of more recent exploration locations on the site has also been prepared by Lowney Associates (October 8, 2003) which will be used in the analysis. All existing and new soils and/or geotechnical material generated for the project will be utilized in the analysis. The County geologist will be contacted regarding concerns and any desired additional and/or new geotechnical information about the current proposal.

   
 

All potential impacts and mitigation measures will be reevaluated based on the current site plan. A site visit will be necessary to confirm existing conditions and that no landslides or other surface changes have occurred on the project site within the recent past. Potential project impacts and mitigation measures will be updated as appropriate to the revised site plan. Reference to the American Society of Testing and Materials and San Mateo County Building Code requirements and citations will be changed to reflect current codes that deal with seismic resistant construction. This will result in substantial changes to the mitigation measure language. To assist in this portion of the work, we have retained the expert services of Geomatrix Consultants, Inc. Bob Wright. CEG, who was involved with project

 

EIR preparation at an earlier date, will continue as a subconsultant to EIP in preparing the revised EIR (see attached letter dated March 18, 2004).

   

3.2.2

Hydrology and Water Quality: A site visit will be necessary to confirm existing conditions and that no surface water or drainage changes have occurred on the project site within the recent past. Existing regulations regarding Best Management Practices, California Department of Fish and Game requirements regarding stream alterations and Regional Water Quality Control Board regulations regarding construction and post-construction discharge permits (NPDES Phase II), that have changed during the last four and one-half years will require updates. Any changes to drainage courses within the project vicinity will be verified and documented as appropriate. Legal requirements and mitigation measures will be updated to reflect the current regulatory environment.

   

3.2.3

Vegetation and Wildlife: A field visit will be necessary to validate existing conditions on the project site and to identify any changed conditions that may affect the biological conclusions contained in the April, 1998 Draft EIR. Because the status of some Federal and State listed species has changed, appendices A, B, C and D regarding species lists, sensitive species and plant communities will be checked and updated in coordination with the California Department of Fish and Game and U.S. Fish and Wildlife Service. In the Draft EIR, California red-legged frogs were addressed as a species of concern at the project site, however habitat for this species was not found within the project area. The status of the Federally listed Threatened and State listed Species of Special Concern California red-legged frog or suitable habitat in the project area will be reconfirmed through a site visit. It is noted that Thomas Reid Associates, Environmental Consultants, completed a biological and resource survey last year and submitted a report of their findings dated June 9, 2003. This information will be utilized in preparing the revised EIR. The potential impacts and mitigation measures respecting biological resources will be amended as necessary after verifying the updated information.

   

3.2.4

Air Quality: Information provided in the 1998 Draft EIR for climate, regulatory background, and sensitive receptors will need to be updated as required. The attainment status of the region for national ambient air quality standards of ozone has changed, and new plans are now in place for attaining the standards. The standards of impact significance will be revised as necessary. Project emissions will be reevaluated using updated traffic information and updated air quality models, and recent guidelines for the installation of new fireplaces will be noted. Cumulative project impacts will also be updated based on the most current list of cumulative projects provided by the County. Potential construction air quality (dust generation) impact mitigation measures will be specified in greater detail with a further assessment made of construction trucks on Cobblehill Place. The use of oxidizing soot filters for diesel engines on construction equipment will be evaluated.

   

3.2.5

Noise: Existing noise levels in the project area were based on tests completed in 1991. If traffic conditions have changed substantially since 1991, the existing noise levels will be updated through new measurements. Updated noise modeling will also be conducted using the latest traffic information and the most recent cumulative project list provided by the County. The most recent noise maps from San Francisco International Airport and San Carlos Airport will also be reviewed to determine whether airport noise has expanded to include the project area.

   

4.

GROWTH INDUCEMENTS: This section will require corrections for ABAG’s more recent projections for growth in San Mateo County and some text additions regarding indirect growth resulting from development.

   

5.

UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS: The lead-in paragraphs to this section will require amendment to reflect the current CEQA Guideline language respecting unavoidable significant adverse impacts. This section will be updated as required to reflect the current proposal.

   

6.

ALTERNATIVES TO THE PROPOSED PROJECT: This section will be revised to include a No Project Alternative, a new Reduced Density Alternative, an Existing Zoning Alternative (No Project and Existing Zoning Alternatives to be separate alternatives), and other alternatives as determined appropriate to mitigate any identified unavoidable significant adverse impacts. It is anticipated that the Mitigated Project Alternative will be dropped from consideration in favor of an alternative to be presented by the HCA for consideration. The discussion of alternatives will be updated to reflect the project proposal as described in the 1998 Draft EIR and conclusions regarding environmental impacts derived at that time. Table 6-1 which is a Summary Comparison the Impacts of the Proposed Project and Alternatives will be amended as needed to reflect the revised findings of the revised Draft EIR. This work program assumes that no significant changes to zoning or the General Plan have occurred during the last six years that would otherwise effect the alternatives analysis.

   

7.

IRREVERSIBLE ENVIRONMENTAL CHANGES THAT WOULD OCCUR FROM IMPLEMENTATION OF THE PROPOSED PROJECT: This section will be reviewed and updated as necessary to reflect the findings of the revised Draft EIR.

   

8.

REPORT PREPARATION: This section will be amended to reflect current staffing on the project EIR.

   
   

Task 2. Prepare Draft EIR

 

After the Planning and Building Division has reviewed the Administrative Draft EIR, EIP will incorporate responses to the County’s comments and prepare the Draft EIR for printing, submittal, and review by agencies and the public. We anticipate that printing at least 100 bound copies of the Draft EIR will be necessary for distribution by the County. EIP will send a screen-check copy of the Draft EIR to the County for inspection prior to printing, if requested.

 
 

Task 3. Participate in Meetings and Public Hearings

 

The work program calls for periodic meetings with the Planning and Building Division during the course of EIR preparation. Four meetings are planned during preparation of the Administrative Draft, Draft, and Final EIRs at regular intervals. It is recommended that the first meeting take place shortly after project inception. This meeting would focus on:

   
 

•

Defining data needs and obtaining any necessary information.

 

•

Determining the approach to addressing cumulative development impacts.

 

•

Reviewing the number and character of project alternatives to be addressed in the Alternatives section of the EIR.

 

•

Reviewing the proposed schedule.

 

•

Discussing other issues as determined necessary.

     

During preparation of the ADEIR, the second meeting is proposed to occur after substantial work on the document has been completed. This meeting would focus on describing impact findings to date, proposed mitigation measures, scheduling and other items as considered necessary.

 

The third meeting is proposed to occur after completion of the Administrative Draft EIR to review County comments on the Administrative Draft EIR prior to preparing the Draft EIR for publication. The fourth meeting is proposed to occur at the close of the Draft EIR comment period to review and determine the overall approach to responding to all comments received from the public and agencies on the Draft EIR.

 

The County will advertise for and conduct public hearings on the Draft EIR.  At the public hearings, EIP’s Project Manager will be available to summarize and explain the document, and respond to questions and issues raised at the hearings. EIP subconsultant and project staff will also attend the public hearings to respond to or explain particular issues of importance. Two hearings are planned for the Planning Commission and one hearing is planned for the Board of Supervisors after the Final EIR is prepared unless the County determines otherwise. In addition, attendance at a public scoping session is factored into the work program and cost estimate.

 
 

Task 4. Prepare Responses to Comments/Final EIR

 

EIP will respond to comments on the Draft EIR received at the public hearings and letters of comment received during the 45-day agency/public review period. EIP will then prepare an Administrative Draft Responses to Comments document.  Responses to comments will be numbered and keyed to the list of comments, with pages of responses following each letter of comment for ease of use.  For comprehension, any necessary revisions to the Draft EIR as contained in the Responses to Comments document will be indicated through the use of underlines for added material, and strikeouts for deleted material.

 

After the Planning and Building Division’s review of the Responses to Comments document, EIP will amend the document as necessary and print and deliver 100 bound copies to the County for distribution. A screen review copy of the Final EIR will be submitted to the County for inspection if requested, before approval of the document for final printing.

 
 

Task 5. Prepare Mitigation Monitoring and Reporting Program

 

A Mitigation Monitoring and Reporting Program was prepared for the proposed project based on the findings of the 1998 Draft EIR. The Program will be amended as necessary and updated to reflect the mitigation measures as contained in the revised Draft EIR for the 66-unit project.

 
 

Schedule

 

Figure 1 illustrates the schedule for preparation of the Highland Estates revised EIR. The Administrative Draft EIR will be completed within 12 weeks after EIP receives authorization to proceed. Given the lengthy period of time since the last Notice of EIR Preparation was issued (May, 1991), the schedule also assumes that the County will reissue the Notice (coupled with a public/agency EIR scooping session). Following the Planning and Building Division’s review of the Administrative Draft EIR (three weeks are assumed in this case), three weeks would be required to prepare the Draft EIR for printing and distribution. Assuming about 200 comments would be received on the Draft EIR requiring responses, about three to four weeks would be required to prepare the Administrative Final EIR. The Final EIR would be available for the Planning and Building Division to distribute two weeks after Planning and Building Division comments on the Administrative Final EIR are received (three weeks are assumed for County review of the Administrative Final EIR).

 

It should be noted that if the project is delayed due to circumstances beyond our reasonable control, or if decisions are made about the project that change the project description or alternatives, the EIR schedule could be adversely affected. However, we believe that the schedule presented herein represents an optimum balance between timeliness and the need for a thorough, comprehensive, and defensible EIR.

 
 

Cost Estimate

 

Figure 2 illustrates EIP’s cost estimate, by task, to prepare the Highland Estates revised EIR. Total costs through preparation of the Final EIR are estimated to be a maximum of $169,552. This cost does not include optional photomontage preparation which is costed separately. This cost includes $92,965 through preparation of the Administrative Draft EIR (Task 1), and $11,680 to prepare the Draft EIR (Task 2); $12,650 for participating in meetings and attending public hearings (Task 3); $21,440 to prepare the Responses to Comments and Final EIR (Task 4); and $2,570 to prepare the Mitigation Monitoring and Reporting Program (Task 5). Printing and other direct costs are estimated at $13,369, and contingency work items amount to $14,878, for a total project cost of $169,552 through preparation of the Final EIR as indicated on the attached spreadsheet (Figure 2).

 

All costs include subconsultant fees; field inspections, data searches and data review; project administration; and printing and related expenses. Optional photomontage preparation (three before and after views of the project from selected vantage points), is estimated at $13,905 for a basic massing/view study plus a 10% subconsultant administrative fee (please refer to supporting attached correspondence from our subconsultant, Square One Productions which includes options for four photomontages instead of three and the inclusion of building features for added realism).

 

Factors that could increase the scope of work and estimated cost include in-depth analysis of key issues in addition to those identified in this work program; changes in the project or scope of work requiring reanalysis or rewriting of report sections; revising or updating the Project History discussion as a separate document; preparing a new economic analysis if so requested; comments on the Administrative Draft and Administrative Final EIRs requiring more staff time than budgeted (one round of County staff comments is budgeted for on the Administrative Draft and Administrative Final EIRs); significant deficiencies in available data requiring new and original research; or printing additional copies of the Draft and Final EIRs. These items can be renegotiated, if required.

 

Our cost estimate is valid for 90 days from the date of this submittal.  All work is proposed to be performed on a time-and-materials, not-to-exceed basis upon the completion of contract negotiations and the submittal of monthly billings. EIP labor costs are based on our standard hourly billing rates, a schedule of which is attached.

EIP Highlands Estates con 2004.doc