HomeMy WebLinkAbout1979-06-05; City Council; Resolution 5799I ..
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RESOLUTION NO. 5799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BE- TWEEN THE CITY OF CARLSBAD AND REGIONAL ENVIRON- MENTAL CONSULTANTS FOR PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF CARLS- BAD WASTEWATER RECLAMATION MASTER PLAN
The City Council of the City of Carlsbad, California, d S
hereby resolve as follows:
1. That certain agreement between the City of Carlsbad and
Regional Environmental Consultants for preparation of a draft en-
vironmental impact report for the City of Carlsbad wastewater rec-
lamation master plan, a copy of which is attached hereto, marked
Exhibit "A", and incorporated herein by reference, is hereby ap-
proved.
2. The Mayor of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of the
City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held the 5th day of
June , 1979, by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki , Anear, Lewis and
NOES: NONE Councilwoman Casler
ABSENT: NONE
ATTEST : /* RONALD C. PACKARD, MAYOR
(SEAL)
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AGREEMENT
THIS AGREEMENT made and entered into this 9 day o€
June, 1979, between the City of Carlsbad, a political subdivision
)f the State of California, hereinafter referred to as the "City"
ind Regional Environmental Consultants (RECON) hereinafter referred
;o as the "Consul tant .
WITNESSETH . 4
WHEREAS, the City is required by State Law to provide an
bvironmental Impact Report which meets the requirements of CEQA
md the State EIR Guidelines when it has been found that a project
lay have a significant effect on the environment.
WHEREAS, the Consultant has the qualifications to prepare the
:equired EIR, and
NOW, THEREFORE, in consideration of their mutual covenants
md conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
' a. The Consultant shall (1) provide the City with an
2nvironmental.Impact Report which meets the California Environ-
iental Quality Act and the State EIR Guidelines as written in
:he State Code; (2) make all required field explorations, review,
ind' tests: (3) make all required 1ab.oratory tests and analysis;
:4)
iony on the final Environmental Impact Report at two to four public
appear and be prepared to answer questions and present testi-
iearings before the Planning Commission or the City Council prior
:o the adoption of the report of each of such bodies; and (5)
lake two public hearing presentations concerning the contents of
:he EIR.
The consultant shall submit ken copies of a preliminary
'eport to' the Planning Director for staff review. The preliminary
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'report shall be prepared in compliance with the Work Program *
attached. hereto as Exhibit "Atto .The Consultant shall revise
the Preliminary Report as reqilested by staff in order to make
it suitable for draft EIR review. The Consultant shall submit
to the City.50 copies (in 3-ring loose-leaf binders) of the
Final draft EIR plus a reproducible master copy.
b. The Consultant shall attempt to determine as soon
as possible in his study of the area involved, those factors
which could severely inhibit or prohibit the proposed project.
If it appears that such factors are present, he shall so inform
the Planning Director who in turn will bring this to the attention
of the Council. The objective of this subsection of the agree-
ment is to minimize the costs if such adverse factors exist.
The City shall have primary responsibility for .c,
preparation of the final Environmental Impact Report. incorporat-
'ing into said report all comments made by interested citizens
'.and agencies.on the Draft Report. -The City may request technical
assistance from the Consultant in responding to comments on the
draft EIR.
(2) DUTIES OF THE CITY .
a. The City will make payment to the Consultant as.
provided for in this agreement.
b. The City will make available to the Consultant any
document, studies, or other information in its possession related
to the proposed project,
c. The City will review the Preliminary Report pre-
sented by the Consultant within ten (10) working days of their
receipt and make written comments to the Consultant within this
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time period.
d. 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.
4 (3) TERMINATION OF AGREEMENT
The City may terminate this agreement at any time by
giving written notice to the Consultant of such termination and
specifying the effective date thereof,.at least fifteen (15) days
before an effective d,ate of such termination. In that event, all
finished or unfinished documents and other materials prepared
pursuant to this agreement shall, at the option of the City, becom
its property.
. In the eventbf termination, the City will pay Consul-
tant for all work completed to the effective date of such termina-
tion;based upon Consultant's regular hourly rates and cost of
materials.
(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 Consul-
tant without the prior written approval of the City.
(5)
The City shall have the unrestricted authority to publish,
disclose, distribute and otherwise use in whole or in part, any
reports, data, or other materials prepared under this agreement.
PUBLICATION, REPRODUCTION AND USE OF ENVIRONMENTAL
IMPACT REPORTS AND OTHER MATERIAL
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(6) PAYMENT .
The Consultant will be paid a total sum of $25,000.00 for
work necessary to carry out the requirements of this agreement.
The Consultant shall be paid thirty (30) percent of the above fee
within fifteen (15) days after receipt of his invoice upon City
acceptance of a progress report’due ~ithin four (4) weeks of
contract execution. The Consultant shall be paid an additional .
th’irty (30) percent of the above fee within fifteen (15) days afte:
receipt of his invoice for the completion of the draft Environ-
mental Impact Report in accordance with Paragraph 1-a above. The
Consultant shall be paid twenty (20) percent of the above fee
within fifteen (15) days after receipt of his invoice upon sub-
mission of the Final Environmental Impact Report to public hearing
The Consultant will be paid the remaining twenty (20) percent
within thirty (30) days after receipt of his invoice. to be sub-
‘mitted’after the certification of the Environmental Impact Report
.by the City Council.
(7) TIME OF COMPLETION
The Consultant shall submit to the City ten (10) copies
of’ the Preliminary Environmental Impact Report by July 30, 1979.
The Consultant shall submit to the City fifty (50) copies of the
final draft EIR by August 27, 1979.
The Consultant will be allowed additional days as are
necessary to compensate for days lost due to City or interagency
actions or inactions which affect the Consultant’s progress.
(8) HOLD HARMLESS AND INSURANCE
The Consultant will indemnify the City against and hold
it harmless from all and any liability for damages on account of
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injury to persons or,damage to properey resulting from or arising
out of or in any way connected with the negligent performance or
willful misconduct by Consultant of the Agreement and reimbkse
the City of all costs, expenses and loss incurred by it in conse-
quent of any claims, demands and causes of action which may be
brought against it by a person other than the City arising out of
the negligent, alleged negligent performance or willful misconduct
by Consultant of this Agreement. It is understood that this hold
harmless provision shall not apply to any claims, demands, costs,
expense (including costs of defense), liability, causes of action,
or judgment which occur by reason of the negligence, alleged
negligence, or willful misconduct-of the City or the City's agents
servants, or other independent contractors who are directly res-
ponsible to the City. The Consultants shall furnish the City with
a Certificate of an insurance with the limits of at'least $100,000
for bodily injuries of each occurrence.
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IN WITNESS WHEREOF, the parties hereto have caused this agree
ment to be executed as of the date and year first above written.
ZONSULTANT
BY R0NALD.C. PACKARD, Mayor
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