HomeMy WebLinkAbout1986-06-03; City Council; Resolution 85851
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RESOLUTION NO. 8585
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND SANCHEZ TALARICO ASSOCIATES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW OF THE LA
COSTA MASTER PLAN.
The City Council of the City of Carl sbad, Cal ifornia, does
hereby resolve as follows::
1. That certain agreement between the City of Carlsbad
and Sanchez Tal arico Associates for prepartion of an environmental
impact report for the rev-iew of the La Costa Master Plan, a copy of
which is attached hereto, marked Exhibit "2", and incorporated
herein by reference, is hereby approved.
2. The Mayor of Carlsbad is hereby authorized and
directed to execute said agreement for and on behalf of the City of
Carl sbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad held the 3rd day of June, 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
MARY H .JC A S L E R Y Mayor
ATTEST:
(SEAL)
AG R E E ME N T
THIS AGREEMENT is made this day of , 1986,
between the CITY OF CARLSBAD, a.muni.cipa1 corporation of the
State of California, hereinafter referred to as CITY, and SANCHEZ
TALARICO ASSOCIATES hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, the CITY, has entered into an agreement with LA
COSTA RANCH PROPERTIES hereinafter called the applicant, wherein
the CITY agrees to prepare an Environmental Impact Report for the
proposed project identified as a La Costa Master Plan for
approximately 2800 acres, which is located in the southeastern
portion of Carlsbad and more precisely shown on the plat marked
Exhibit 'Ill', attached hereto and made a part hereof; and
WHEREAS, the CONSULTANT has the qualifications to pre-
pare the required Environmental Impact Report; and
WHEREAS, it is understood that the CONSULTANT shall be
an independent contractor of the CITY;
NOW, THEREFORE, in consideration of their mutual cove-
nants and conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
CONSULTANT shall prepare an Environmental Impact Report on
the subject project in accord with the California Environ-
mental Quality Act as implemented by the State Guidelines
and by CITY in Title 19 of the Carlsbad Municipal Code and
its implementing resolutions. In carrying out this
ob1 igation the CONSULTANT'S duties shall include the
following:
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(a) The CONSULTANT shall (1) make all necessary and
required field explorations, review and tests; (2)
make all necessary and required laboratory tests
and analysis; (3) appear and be prepared to answer
questions and prepare testimony on the final
Environmental Impact Report at a1 1 pub1 ic 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 require-
ments of this section. Before preparing the draft
report, the CONSULTANT shall submit five copies of
a preliminary report (screen check EIR) to the
Planning Director for staff review. The
CONSULTANT shall revise the prel iminary report as
requested by staff in order to make it suitable for
draft EIR review.
(b) CONSULTANT shall prepare a draft report in compli-
ance with the Work Program contained in Exhibit
"2" on file at the Planning Department (unless
otherwise stated in this agreement), attached
hereto and made a part hereof and with applicable
state law and city ordinances. The CONSULTANT
shall submit to CITY sixty copies (in 3 ring
binders) plus a reproducible master of the draft
EIR to the CITY.
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(c) 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 fac-
tors are present, he 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
written responses to all comments received subse-
quent to public notice that the draft Environmental
Impact Report has been filed. CONSULTANT shall
also prepare any response necessary to matters
raised at the public hearings. The written
responses shall be prepared in a form that will .
permit the responses to be incorporated into the
final Environmental Impact Report.
(2) DUTIES OF THE CITY
(a) The CITY will make payment to the CONSULTANT as pro-
vided for in this agreement.
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(b) The CITY will make available to the CONSULTANT any
documents , studies, or other information in its
possession related to the proposed project.
(c) The CITY will review the Preliminary Report presented
by the CONSULTANT with.in fourteen working days of their
receipt and make written comments to the CONSULTANT
within that time period.
(d) The CITY shall provide the CONSULTANT with copies of
all written comments received on the draft Environ-
mental Impact Report subsequent to public 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 effective date thereof, at least fifteen days
prior to the effective date of the termination. In event of
termination all finished or unfinished documents and other
materials prepared pursuant to this agreement shall become
its property. Upon termination for reasons other than
breach of this agreement CITY shall pay CONSULTANT the
reasonable value of the services completed to the date of
notice of termination.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or assem-
bled 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.
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(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON-
MENTAL IMPACT REPORTS AND OTHER MATERIALS
All documents and materials prepared pursuant to this agree-
ment are the .property of the CITY. The CITY shall have the
unrestricted authority to pub1 ish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, or
other materials prepared under this agreement.
(6) PAYMENT
The CONSULTANT will be paid a maximum of $35,325.00 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 "2" on
file at the Planning Department. The CONSULTANT shall be
paid sixty percent of the compensable services completed
within 15 days after receipt of his invoice for the
completion of the draft Environmental Impact Report in
accordance with Paragraph 1 above. The CONSULTANT will be
paid twenty-five percent; upon acceptance by the CITY of the
response to comments from the CONSULTANT, the final fifteen
percent will be paid not to 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.
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(7) TIME OF COMPLETION
Time is of the essence in carrying out the terms of this
agreement. It is understood that inclement weather con-
ditions may delay the completion of field 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 within
six weeks of the signing of this agreement by both concerned
parties. The CONSULTANT shall submit to the CITY sixty
copies of the draft Environmental Impact Report within ten
working days of the completed staff review of the
Preliminary Environmental Impact Report.
(8) LICIITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agree-
ment is in the sum of $35,325.00 which amount is estimated
to be sufficient to compensate the CONSULTANT for all
services performed hereunder during the terms of this agree-
ment. In the event at any time it appears to the CONSULTANT
that said sum may not be sufficient, he shall immediately so
notify the Planning Director. He will not perform any work
or incur any obligation beyond said sum of $35,325.00
without appropriate amendment to this agreement.
(9) CHANGES IN WORK
If, in the course of this contract, changes seem merited by
the CONSULTANT or the CITY and informal consultations indi-
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cate that a change in the conditions of the contract is war-
ranted, the CONSULTANT or the CITY may request a change in
the contract. Such changes shall be processed by the CITY
in the following manner. A letter outlining the required
changes shall be forwarded to the CITY or CONSULTANT to
inform them of the proposed changes along with a statement
of estimated changes in charges or time schedule. After
reaching mutual agreement on the proposal, a supplemental
agreement shall be prepared by the CITY and approved by the
City Council. Such supplemental agreement shall not render
ineffective or invalid unaffected portions of the agreement.
Changes requiring immediate action by the CONSULTANT or the
CITY shall be ordered by the Planning Director who
will inform a principal of the CONSULTANT'S firm of the
necessity of such action and follow up with a supplemental
agreement covering such work.
The lump sum amounts detailed in this agreement shall be
adjusted for changes, either additive or deductive, in the
scope of work.
(10) HOLD HARMLESS
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 agree-
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ment, including the defense of any action arising therefrom.
CONSULTANT will reimburse the CITY for all costs, expenses
and losses incurred by it in consequence of any claims, de-
mands and causes of action which may be brought against it
by a person arising out of the performance by CONSULTANT of
this agreement.
(11) MAINTAIN INSURANCE
CONSULTANT shall, at all times that this agreement is in
effect or the premises a,re 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 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. 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-insured and a copy
of such policy shall be filed with the CITY.
(12) INDEPENDENT CONTRACTOR
CONSULTANT in accordance with his status as an independent
contractor, covenants and agrees that he will conduct him-
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self consistent with such status, that he will neither hold
himself out as nor claim to be an officer or employee of the
CITY 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 compensa-
tion coverage, unemployment insurance benefits, social se-
curi ty coverage, or retirement membership credit.
(13) ASSIGNMENT OF CONTRACT
CONSULTANT shall not assign this contract or any part there-
of or any monies due or to become due thereunder without the
prior written consent of the CITY.
(14) SUBCONTRACTING
If the CONSULTANT shall subcontract any of the work 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 re1 ationshi p between any subcontractor of
CONSULTANT and the CITY. The CONSULTANT shall bind every
subcontractor and every subcontractor of a subcontractor by
their terms of this contract applicable to its work unless
specifically noted to the contrary in the subcontract in
question approved in writing by the CITY.
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(15) PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity
on behalf of the CITY to negotiate, make, accept or approve,
or to take part in negotiating, making, accepting or approv-
ing any architectural, engineering, inspection, construc-
tion, or material supply contract or subcontract in connec-
tion with the construction of the project, shall become di-
rectly 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 CITY to
exercise any executive, supervisory or other similar func-
tions in connection with the performance of this contract
shall become directly or indirectly interested personally in
this contract or any part thereof.
(16) 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 whatsoever under the terms of this
contract.
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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
5Y RY H . CASLER Y Mayor
BY ONSUL IANT
ATTEST:
ALETHA RAUTtN KRANZ, City ClerE
APPROVED AS TO FORM:
VINCENT I-. BIONDO, JR.
City Attorney
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