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HomeMy WebLinkAbout1981-01-20; City Council; Resolution 64071 4 6 7 8 9 12 13 14 15 16 1.5 19 21 2'; RESOLUTION NO. 6407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND HAWORTH AND ANDERSON, INC. FOR PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR LAND LOCATED SOUTHWEST, SOUTHEAST, AND NORTHWEST OF 1-5 AND POINSETTIA LANE The City Council of the city of Carlsbad, California, does iereby resolve as follows: 1. That certain agreement between the city of Carlsbad and laworth and Anderson, Inc. for preparation of a draft environ- nental impact report for land located southwest, southeast, and iortheast, of 1-5 and Poinsettia Lane, a copy of which is attached iereto, marked Exhibit 1 and incorporated herein by reference, is iereby approved. 2. The Mayor of the city of Carlsbad is hereby authorized md directed to execute said agreement for and on behalf of the zity of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Sity Council of the city of Carlsbad held the 20th day of January, 1981, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST : (SEAL) . AGREEMENT THIS AGREEMENT is made this 20th day of January, 1981', between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and Haworth and Anderson, Inc., hereinafter referred to as CONSULTANT. RECITALS : WHEREAS, the City has entered into an agreement with the Occidental Company or Assigns, hereinafter called the "Applicant", wherein the City agrees to prepare an Environ- mental Impact Report for the proposed project, which lies southwest, southeast and northeast of the intersection of Interstate 5 (1-5)..and Poinsettia Lane in Carlsbad and more 3s precisely shown on the plat marked Exhibit ''A" , attached hereto and made a part hereof; and WHEREAS, the Consultant has the qualifications to pre- pare the required Environmental Impact Report; and WHEREAS, the Consultant represents that neither he nor any member of his staff has performed any work on the proposed project, has no understanding with the applicant or any expectation of working for the applicant in the future on s,aid project and has not been employed by the applicant upon any project within two years last past; and b EXHIBIT 1 ' WHEREAS, it is understood that the Consultant shall be an independent contractor 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 implementing resolutions. out this obligation the Consultant's duties shall include the following: In carrying . (a)' The consultant shall (1). make all required field explorations, review, and te,sts; . required laboratory tests and analysis; (3) appear and be prepared to answer questions and present testimony on the final Environmental Imapct Report at two to four 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. Before preparing the draft report, the Consultant shall submit three copies of a prelimi- nary report to the Planning Director for staff (2) make all review. The Consultant shall revise the -2- 0 0 prelirriinary report as requested by staff in order to make it suitable for draft EIR review. Consultant-shall prepare a draft report in compliance with the Work Program marked Exhibit 2, attached hereto and made a part hereof and with applicable State law and City ordinances. The Consultant shall submit to City thirty-f ive copies plus a reproducible master.of the draft EIR to the City in a three-ring binder form. 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,& shall so inform the Planning Director who in turn will discuss with the applicant the feasibility of continuing .. with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. (d) Consultant shall prepare and file with the City a written response to a11 comments received subsequent to public notice that the draft Environmental Impact' Report has been filed. Consultant shall also prepare any responses necessary to matters raised at the public The written response shall be pre- . hearings. pared in a form that will permit attachment to -3- the Environmental Impact Report. Impact Report, the comments, and responses thereto as approved by the Planning Commission and City The Environmental Council shall be compiled by Consultant and integrated into the final Environmental Impact Report. (2) DUTIES OF THE CITY fa) 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. The City will review the Preliminary Report presented by the Consultant within ten working days of their receipt and make writ<en comments to the (c) 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 (8) notice that the draft Environmental Impact Report has been filed and is available for public review. (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 efgective date thereof, at least fifteen days before the effective date of such -4- ,. ., 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 A11 documents and materials prepared pursuant to this' 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 s:,ther materials prepared under this agreement. (6) PAYMENT The consultant will be paid a maximimum ,of fifteen thousand and nine hundred ($15,900) 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 2. The consultant shall be paid thirty percent .of the total amount at the time the contract is signed. amount will be paid within fifteen days after receipt of his Fifty percent of the total .. -5- 0 0 I. invoice for the completion of the draft.Environmenta1 Impact Report in accordance with Paragraph 1 above. The consultant will be paid the remzining twenty percent together with such other compensation payable to consultant ment within thirty days after receipt of invoice, to be 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 work. days as are necessary to compensate for days lost due to inclement weather. The consultant shall submit to The consultant will be allowed as many additional ,. the city, five copies of the Preliminary Environmental Impact Report by February 24, 1981. He shall submit to the city, thirty-five copies of the draft Environmental Impact Report by March 10, 1-981. (8) LIMITS OF THE OBLIGATION The limits of the obligation of the city under this agreement is in the sum of $15,900 which amount is estimated to be sufficient to Y 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 not be sufficient, -6- he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $15,900 without appropriate amendment to this agreement. HOLD HAWESS The consultant will indemnify the city against and hold it harmless from 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 performance by consultant of this agreement, including the defense of any action arising therefrom. Consultant will reimburse 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. 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 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 -7- a Consultant. The liabiltiy 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. The policy shall be written by a responsible company or companies to be approved by city, and shall be noncancelable except on ten days' written notice to city. Such policy shall name city as co-assured and a copy of such policy shall be filed with the Planning Department. INDEPENDENT CONTRACTOR Consultant in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as nor claim . to be an officer or employee of the city be 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. ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part thereof or any monies due or to become due-there- under without the prior written consent of the city. SUBCONTRACTING If the consultant shall subcontract any of the work 0. -8- e 0 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 their terms of this contract applicable to its work unless specifically noted to thecontrary 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, accepting 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, 'r architect, attorney, engineer or inspector of or for the city who is authorized in such capacity and on behalf of the city to exercise any executive, super- visory or other similar functions in connection with the -9- performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 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 terms or obligations herein 'contained, nor such verbal agreement or conversation entitle the consultant to any additional payment what- soever under the terms of this contract. IN WITNESS WEREOF, 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 RONALD C; 'PACKARD, Mayor ATTEST: APPROVED AS TO FORM: City Attorney -10-