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14-059 Schoolhouse Services for consultant services for the 2014-23 Housing Element School Impact Report OFFICE OF THE CITY'CLERK CITY HALL ELI] 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223• FAX: (408)777-3366 C O P E RT I NO WEBSITE:www.cupertino.org April 10, 2014 Schoolhouse Services 2255 Tioga Drive Menlo Park, CA 94025 Re: Agreement for consultant services for thE�2014-2023 Housing Element School Impact Report A fully executed copy of the agreement for consultant services with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Community Development Deparhnent at (408) 777-3308. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Community Development AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SCHOOLHOUSE SERVICES FOR CONSULTANT SERVICES FOR THE 2014-2023 HOUSING ELEMEN'C SCHOOL IMPACT REPORT �,,�` ✓ THIS AGREEMENT, for reference dated March 101h, 2014, is by and `f " etween CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Schoolhouse Service _a California corporation, whose address is 2255 Tioga Drive, Menlo Park, CA 94025 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for the 2014- 2023 Housing Element School Impact Report upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on March 14th, 2014, and shall terminate on Tune 30th, 2015, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn y on the treasury of the City, to be taken from the 110-7302-9330 fund in the amount not to exceed TWENTY ONE THOUSAND DOLLARS ($21,000). 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Indemnification: Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend,, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. A. Claims for Professional Liabilii-y. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. B. Claims .for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any, injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to; or relate to the performance of this Agreement by Consultant or Consultant's employees, -officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 10. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: j1500,000 each occurrence 6,1.;000,000 aggregate - all other Property Damage: $400,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence B. SUBROGATION WAIVER.: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not beery paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional livability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 11. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 12. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits; certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: A. Each and every report, draft:, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information iu1d data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to thi;3 Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 16. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of 'three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated: with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or ,approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: Aarti Shrivastava All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Schoolhouse Services 2255 Tioga Drive Menlo Park, CA 94025 Attn: J. Richard Recht 18. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 19. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 20. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 21. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 22. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 23. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 24. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 25. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO Schoolhouse Services A Municipal Corporation Icy Title Title Senior Planner Date / 7 G L`t Date 4-1 '2-12,0 ! I:ECOMMENDED FOR PROVAL: e list. Director, Comm Development APP, VED AS TO FORM: arol Korade, City Attorney ;ZEST: Grace Schmidt, City Clerkq--9 .4y EXPENDITURE DISTRIBUTION / ACCOUNT NUMBER AMOUNT PO # '0ZDrp to - Total: `11'O_---VwZ—�-�-�-a $21,000.00 IZ911� r 5C6OO1kOU'.'g;e Economists & Flanners r March 10, 2014 EXHIBIT A Piu Ghosh, Senior Planner City of Cupertino Background The City of Cupertino is preparing an update of its housing element for the period 1/31/2015- 1/31/2023. The update will identify available sites for a minimum of 1,064 housing units. It is possible that some of the sites identified as Housing Element sites may require amending the General Plan. In addition, the City is concurrently preparing an update of the General Plan with focus on seven study areas and evaluating the possibility of adding additional development allocation in the areas of commercial, office, hotel and residential development city-wide. .Since both these projects are subject to the California Environmental Quality Act (CEQA) review, a report identifying all environmental impacts of the project will need to be prepared. Because schools are such an important issue in Cupertino, an adequate analysis to identify the challenges facing the two school districts that serve the City and the impact of the new housing on school facilities is necessary. The Cupertino Union School District is an elementary district, providing elementary and middle schools enrolling kindergarten through eighth grade students. Students from other cities also attend the district, especially from the southern portion of Sunnyvale. The Fremont Union High School District is larger; it serves students continuing from the Cupertino Union District, students from the Sunnyvale Elementary School District, and a small number of other students. Both school districts that serve the City have extremely good reputations and are a major draw for many households that are looking for housing in the area. As a result, several schools in the city currently accommodate more students than the number for which they were designed. Schoolhouse Services has been providing services to both school districts and to the City of Cupertino for a couple of decades and is, therefore, familiar with the situations in the districts. It also has broad experience in analyzing school district facilities issues and participating in the development of planning solutions, having provided such services to more than 150 California school districts. City staff has, therefore, requested that we submit a proposal to provide the information needed as part of the support materials for the housing element update and the anticipated General Plan amendments and associated environmental review. 2255 f'hwaDrit,e a Me;ilaa Park CA 94025 f'latane 650.373.7373 a Fats:650.8 4.0474 i0%..:; �...�..Y ;`s.I..t<�i 24? ,tc'i¢7Qi -ti-.',t„(ij lm,!!,ia f ft,r;) vt Pr Jp(l;vd Task Descriptions I. Existing Conditions Assessment: As a first step in preparing the School Impact Report, an existing conditions analysis will be prepared. Unless modified by city staff, the existing conditions baseline will assume that sites currently zoned for housing are available for housing development with or without changes in the housing element, and the probability of their development prior to 2023 will be based primarily on market factors. This rneans that enrollment from development of sites already designated for housing in the current General Plan, which in total have the capacity for about 2,000 units, would be included in the existing conditions baseline. The existing conditions report will require extensive working with school district staff regarding their facilities and plans. Additionally, extensive research to understand and evaluate the factors affecting the local economy, the housing market, and the number of students per unit is necessary. The work will also require meeting the City staff to understand the current and future development trends. II. Future Development Impact Assessment: As potential housing sites are identified and information about them becomes available, an analysis will be prepared to determine the impacts on the districts' facilities from development of each of these sites. The analysis of the enrollment situations with the new development on the housing element sites that would become free from zoning and General Plan constraints will be projected. In addition, since a range of alternatives for development allocation options will be studied in the Environmental Impact Report (EIR), impacts from each alternative will be analyzed. For the Housing Element analysis, the information about the impacts of future residential development and future without new residential development will be discussed in three parts: a) Student Enrollments: The first part will include the projection of the student enrollments in the school districts and the school attendance areas of their residences, with and without the additional housing. It is anticipated that the estimates for existing housing units will reflect the desirability of the districts for the increasing number of employees working in the employment centers in the vicinity, including the potential for increased desirability a decade or two in the future as the young employees age and their children reach school age, keeping in mind that some would replace aging households in the existing household stock within the school district boundaries. The estimates for new housing will depend on the nature of that housing, including the unit sizes and numbers of bedrooms, design features, and use restrictions (e.g. senior units). They will be prepared with input from Tom Williams of Enrollment Projection Consultants, the demographer for the districts. b) School District Capacity assessment This analysis will include a study of the capacity of the two school districts to serve the projected number of enrolled students. This will include analysis of the capacity of the r`t l.:t 20?3 f _1 15.`id£r school districts' current facilities, including classroom capacity and also the design capacity of core facilities, such as the cafeterias, playground space, etc. The potential for additional capacity, ranging from projects already underway, planned and potential projects under consideration will also be analyzed. c) Fiscal Impact: The third area of analysis is the fiscal impact of the proposed projects on the school districts. It will include an analysis of the annual operating revenues and costs with and without the housing element sites. The revenues to the school districts are complex due to (1) the multiple sources involved, (') the difference between the primary factors affecting the two districts, and (3) the changing scene in state funding. The extent to which revenues associated with new development will be greater or less than the costs the districts will be incurring in accommodating the students from this development will be analyzed. The fiscal impact assessment will also include capital costs of facilities to house the additional students and projected revenues from the mitigation expected from the housing projects, particularly the development fees set forth in California law and adopted by the School Districts. As in the other areas, the analysis will consider the situations with and without the new housing development. The analysis for the General Plan alternatives will be similar to the analysis for the Housing Element. A thorough analysis will be conducted of the residential development anticipated in each Alternative with the understanding that the impacts that will be studied will be net of the housing units already allocated in the 2005 General Plan (the impacts of which have been studied with the EIR associated with that project.) III. Project Management This task involves coordination with CUSD, FUHSD, Enrollment Projections Consultants and with City staff in the preparation of the school impact report. Schoolhouse Services will provide support and adequate information for the City to make an informed decision when updating its Housing Element. Schoolhouse Services is committed to working with the local agencies and consultants for the Housing Element project. The school Impact Report document will not simply include the conclusions of the analysis described above, but also include basic facts and the reasoning to allow the reader to understand the basis of the conclusions. At the same time, we will make a concerted effort to present the information in a concise and an easy to understand manner as possible. The estimate anticipates one round of revisions in response to staff comments, questions and suggestions. Additional revisions requested by staff or desirable in response to public questions or comments, if requiring significant time, will be billed on an hourly basis. 20i-J 20..'3 Plo?. ' Pg Efv''Ien' Final Deliverables: One (1) Electronic copy of the School. Impact Report Document including, • Existing Conditions, • Impact Assessment, and • Summary of Findings/Opportunities Participation in Meetings and Public Hearings This proposal anticipates that two meetings will be required with City staff. It is also anticipated that two meetings will be required involving the two school districts. It is anticipated that each meeting will be approximately 1.5 hours in length. This proposal also includes attendance of one public hearing that is anticipated to be approximately 2.5 hours in length. (The estimated costs of all hearings also include preparation and travel time.) Proposed Cost: School Im actRe ort 121 hrs� , 1�35,�"o-er�hr. -�_ � $6;20000 ,r tvleetings(4 meetrngs@s$40qper meetrng) y x$1600 04 a PublrcHearing�JRubt'e IVleetrngs{'1�meeti,ng @;$y50 er meeting x 540�00� R p. .. .. $ otal School Im act�re ort+rneetrn" � Y � q z W�$18,475 a!� E Contrngences $2;525 0M Mn- ill Schedule In order to ensure that the Housing Element Update project is completed on schedule, Schoolhouse Services is committed to completing the School Impact Report by April 15, 2014. This should provide adequate time for the Environmental Consultants working on the Environmental Impact Report for the project to incorporate the data. Dick J. Richard Recht