HomeMy WebLinkAbout1977-02-01; City Council; Resolution 4088i
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RESOLUTION No. 4088
A RESOLUTION OF THE CITY COUNCIL OF
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND WESTEC SERVICES, INC. TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT ON THE PRO-
POSED COMMUNITY SWIMMING POOL, AND AUTHO-
FZZINGTHE MAYOR TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
2ereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
md Westec Services, Inc. to prepare an Environmental Impact Report
in the proposed community swimming pool, a copy of which is attache
iereto, marked Exhibit "R" and made a part hereof, is hereby
ipproved.
2. That the Mayor of the City of Carlsbad is hereby autho-
rized and directed to execute said agreement for and on behalf of
,he City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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:ity Council of the City of Carlsbad, California, held on the 1st
lay of February , 1977 by the following vote, to wit:
AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None Counci 1 woman Cas1 er
ABSENT: None
LTTEST :
EXHIBIT "B" TO RESOLUTION NO.*
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AGREEMENT
THIS AGREEMENT is made this iqLday of Fnwry ' ,
1977, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and
WESTEC SERVICES, INC., hereinafter referred to as CONSULTANT.
RECITALS: '
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WHEREAS, the Planning Director has determined that an
Environmental Impact Report is required for the proposed project
identified as the Community Swimming Pool, which lies on the south
side of Basswood Avenue between Valley Street and Monroe Street and
more precisely shown on the plat marked Exhibit "A", attached
hereto and made a part hereof; and
WHEREAS, the Consultant has the qualifications to prepare
the required Environmental Impact Report; and
WHEREAS, it is understood that the Consultant shall be
an independent conpractor of the City;
NOW, THEREFORE, in consideration of their mutual covenants
and conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT: Consultant shall prepare an
Environmental Impact Report for the subject project in
accord with the California Environmental Quality Act
as implemented by the State guidelines and by City in
Title 19 of the Carlsbad Municipal Code and its imple-
menting resolutions. In carrying out this obligation
the Consultant ' s duties shall include the following :
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. (a) The Consultant shall (1) make all required field
explorations, review, and tests; (2) make all
required laboratory tests and analysis;
and be prepared to answer questions and present
testimony on the final Environmental Impact Report
at all public hearings before the Planning Commission
and the City Council prior to the certification of
the report; (4) make all reports necessary to
comply with the requirements of this section.
preparing the draft report, the Consultant shall
submit five copies of a preliminary report to the
Planning Director for staff review,
shall revise the preliminary report as requested
by staff in order to make it suitable for draft
EIR review.
Consultant shall prepare a draft report in compli-
ance with the Work Program marked Exhibit "B",
attgched hereto and made a part hereof and with
(3) appear
Before
The Consultant
(b)
applicable State law and City ordinances. The
Consultant shall submit to City thirty copies plus
a reproducible master of the draft EIR to the City.
Consultant shall attempt to determine as soon as
possible in his study of the area involved, those
(c)
factors which could severely inhibit or prohibit
the proposed project.
factors are present, he shall so inform the
Planning Director who in turn will discuss with
the City Council the feasibility of continuing
If it appears that such
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with the report. The objective of this subsection
of the agreement is to minimize the costs if these
adverse factors exist.
(d) The City shall have primary responsibility for prepar-
ation of the final Environmental Impact Report incor-
porating into said report all comments made by
interested citizens and agencies on the draft report.
DUTIES OF THE CITY
The City will make payment to the Consultant as
provided for in this agreement.
The City will make available to the Consultant any
document, studies, or other information in its
possession related to the proposed project.
The City will review the Preliminary Report presented
by the Consultant within fourteen working days of
their receipt and make written comments to the
Consultant within this time period.
The City shall provide the Consultant with copies
of all written comments received on the draft
Environmental Impact Report subsequent to public
notice that the draft Environmental Impact Report
has been filed and is available for public review.
TERMINATION OF AGREEMENT
The City may terminate this agreement at any time by
giving written notice to the Consultant of such termi-
nation and specifying the effective date thereof, at
least fifteen days before the effective date'of such
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.. termination. In that event, all finished or unfinished
documents and other materials prepared pursuant to
this agreement shall, at the option of the City, become
its property.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or
assembled by the Consultant under this agreement shall
not be made available to any individual or organization
by the Consultant without the prior written approval
of the City.
(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF
ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIAL
All documents and materials prepared pursuant to this
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agreement are the property of the City. The City
shall have the unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or
in part, any reports, data, or 0-ther materials prepared
under this' agreement.
(6) PAYMENT
The Consultant will be paid a maximum of
. $3,950.00 dollars for all work necessary to
. carry out the requirements of this agreement. Actual
. *payment shall be based on the cost of the report based -.
on the costs as set forth in Exhibit "B" . The Consultant
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shall be paid sixty percent of the compensable services
completed within fifteen days after receipt of his
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invoice for the completion of ,the draft Environmental
Impact Report in accordance with Paragraph 1 above.
The Consultant will be paid the remaining forty percent
together with such other compensation payable to
Consultant notsto exceed the maximum amount provided
in this agreement within thirty days after receipt of
invoice, to be submitted after the certification of
the Environmental Impact Report by the City Council.
(7) TIME OF COMPLETION
Time is of the essence in carrying out the terms of
this agreement. It is understood that inclement
weather conditions may delay the completion of field ,
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work. The Consultant will be allowed as many additional
days as are necessary to compensate for days lost due
to inclement weather. The Consultant shall submit to
the City, five copies of the Preliminary Environmental.
Impact Report by March 2 I 1977. He
shall submit to the City, thirty copies of the draft
Environmental Impact Report by 23 I
1977 . c
(8) LIMITS OF THE OBLIGATION
\ The limits of the obligation of the City under this
agreement is in the sum of ~3,950,nn which amount
is estimated to be sufficient to compensate the
Consultant for all services performed hereunder during
the terms of this agreement. In the event at any
time it appears to the Consultant that said sum may
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.. not be sufficient, he
the Plannhg Director
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shall immediately so notify
He will not perform any
work or incur any obligation beyond said sun of
- $3,950.00 without appropriate amendment
to this agreement.
. .. (9) HOLD HAN4LESS _I - -~
The Consultant will indeinnify the City against and
hold it harmless frm all and any cost, expense, or
liability for damages on account of injury or death
to persons or damage to property resulting from or
arising out of or in any way connected with the per-'
.. formance by Consultant of this agreement, including
the defense of any action arising therefrum. Consultant
will reimSurse the City for all costs, expenses and
losses incurred by it. in consequent of any claims,
demands and causes of action which may be brought
against it by a person arising out of the performance
by Consultant of this agreement.
(10 1 MAINTAIN INSURANCE
Consultant shall, at all times that this agreement is
in effect or the premises are occupied by Consultant,
cause to be maintained in force and effect an
insurance policy or policies which will insure and
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indemnify both City and Consultant against liability
or financial loss resulting from injuries occurring
to persons or property in or about the premises or
occurring as a result of any acts or activity of
Consultant. The liability under such insurance
policy shall be not less than $100,000 for any one
person injured or $300,000 for any one accident and
$50,000 for property damage.
written by a responsible company or companies to be
The policy shall be
approved by City, and shall be noncancelable except
on ten days' written notice to City.
shall name City as co-assured and a copy of such
policy shall be filed with the Planning Department.
Such policy
( 11) INDEPENDENT CONTPACTOR
Consultant in accordance with his status as an
independent contractor, covenants and agrees that
that he will conduct himself consistent with such
status, that he will neith'er hold himself out as
by reason hereof, and that he will not by reason
hereof, make.any claim, demand, or application to
or for any right or privilege applicable to an officer
or employee of the City including, but not limited to,
workmen's compensation coverage, unemployment insurance
benefits, social security coverage, or retirement
membership credit.
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(12) ASSIGNPIENT OF CONTRACT
Consultant shall not assign this contract or any part
* thereof or any monies due or to become due thereunder
without the prior written consent of the City.
(13) SUBCONTRACTING
If the Consultant shall subcontract any of the work
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to be performed under this contract by Consultant,
the Consultant shall be fully responsible to the City
for the acts and omissions of its subcontractor and
of the persons either directly or indirectly employed
by its subcontractor, as it is for the acts and
omissions of persons directly employed by it. Nothing
contained in this contract shall create any contractual
relationship between any subcontractor of Consultant
and the City. The Consultant shall bind every sub-
contractor and every subcontractor of a subcontractor
by the terms of this contract applicable to its work
unless specifically noted to the contrary in the sub-
contract in question approved in writing by the City.
(14) PROHIBITED INTEREST
No official of the City who is authorized in such
capacity and on behalf of the City to negotiate,
make,, accept or approve, or to take part in negotiating,
making', ac'cepting or approving any architectural,
engineering, inspection, construction, or material:
supply contract or any subcontract in connection with
the construction of the project, shall become directly
or indirectly interested personally in this contract
or in any part thereof. No officer, employee, -.
architect, attorney, engineer-or inspector of or for
the City who is authorized.in such capacity and on
behalf of the Cit.y to exercise any executive, super-
- visory or other similar functions in connection with the.
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performance of this cgntract shall become directly
or indirectly interested personally in this contract.
or any part thereof.
(15 ) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer,
agent or employee of the City, either before, during
or after the execution of this contract, shall affect
or modify any of the terns or obligations herein
contained, nor such verbal agreement or conversation
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entitle the Consultant to any additional payment what-
soever under the terms of this contract.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year'first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of California \n
BY . ROBERT C. FRAZEE, Mgor
ATTEST :
&28H& E. ADAMSJ (Zity Clerk
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APP~D AS T~ORM:
VJESTEC SERVICES, INC.
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W City Attorney
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