HomeMy WebLinkAbout1977-02-01; City Council; 910-8; Community Swimming Pool-EIR consultantc
.............
, I__--.--- ---- DATE:' '"'" ' February +I, '19'77
-I--
DE.Pm-rtw-i-:' ---- . PLANNING ---- ~ - .......... ................................
Initial :
Dept. Hd.
___-----
-- -- " B9 'C'!- ' C 0 M M U N I T Y S W I M M I N G P 0 0 L - E I R C 0 N S U L TAN T
.. _-_________ -- - -- .. ~ .
Statement of the I'lattcr
The Council directed staff to prepare an EIR on the proposed Community e
Swimming Pool prior to the development of any architectural pla'ns for the pool. Staff reviewed its consultant files and requested WESTEC Services to submit a proposal. WESTEC was selected because the firm has the personnel, technical resources, and facilities necessary to prepare the EIR and has a proven record of performance on City projects,
WESTEC Services proposes to prepare the EIR for a cost of $3,950.00. Al- though the consultant proposes to evaluate all aspects required under State Law, impacts relating to land use, community relationship, traffic noise, utilities and energy usage will be emphasized.
Exhibits:
-~ -~-
Exhibit "A" Proposal from WESTEC Services, Inc., dated 1/7/77. Exhibit "B" Contract for Consulting Services.
Resolution No. $,!,a, approving Agreement. Recommendation:
That. the City Council accept the proposal prepared by WESTEG Services, Inc., and authorize the City Manager to execute the attached corltract.
c
Counci 1 action
2-1-77 Resolution #4088 was adopted, approving agreement and authorizing Playor to execute said agreement.
-*.
J.
6 I
c
FORM PLANNING 73
.. ..
i ,*- I. I. . __ . .r .-, , ..I.
77-1.5 Jariuary 7, 1.977
Sub5 ect : Proposal for Consulting Scrvi ccs
Doar 117s ,
j
j
i !
I
j ! I
i I
i
t
!'
I
! i
i 1
f
I i
L i i 1 i i
i 1
I
i !
I
i
?
t
I
!
! !
I
i!
I
I
1
2
3
4
5
6
7
8
9
10
11
12 9
v c 0 18
19
20
21.
22
. 23
24
25
. 26
27
28
RESOLUTION I No. 40&
A RESOLUTION OF. THE CITY COUNCIL OF
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AND WESTEC SERVICES, IsI!C. TO PREPARE AN.
EENIRONMENTAL IMPACT REPORT ON THE PRO-
POSED COW4UNITY SWI€@IING POOL, AND AUTHO-
RIZING THE MAYOR TO EXECUTE SAID AGREEMENT. .I
APJ AGREEMENT BETWEEN THE CITY OF CARLSBAD
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
and Westec Services, Inc. to prepare ar; Environmental Impact Report
on the proposed coinmunity swimming pool, a copy of-which is attache(
hereto, marked Exhibit "B" ani; made a part hzreof, is hereby
approved.
2. ' That the Mayor of the City of Carlsbad is hereby autho-
rized and directed to execute said agreement for and on behalf of
the City of Carlsbad.
PASSZD, APPROVED AND ADOPTED at a regular meeting of the ,
City Council of the City of Carlsbad, California, held on the 1st
day of Feb ~II a ry , 1977 by the following vote, to wit:
AYES: Councilmen Frasee, Lewis, Packard, Skotniclci and
NOES : None Councilwoman Casler
ABSENT: None
ROBERT C. FRAZCE, Mayor .
ATTEST :
(SEAL)'
.
EXHIBIT ri~" To RESOLUTION NO.^& -
A G RE 131 EN T ---
THIS AGREEMENT is made thisAkday of Feby4aY-.- ' ,
1977, between the CITY OF CARLSBRD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and
WESTEC SERVICES, INC,, hereinafter referred to as CONSULTANT.
RECITALS: .
WHEREAS, the Planning Director has determined that an
Environrrtental 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
moie 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 confiractor 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.
the Consultant's duties shall include the following :
In carrying out 'this obligation
.. (a) The Consultant shall (1) make all required field
explorations, review, and tests; (2) make all
required laboratory tests and analysis; (3) appear
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. Before
preparing the draft report, the Consultant shall
submit five copies of a preliminary report to the
Planning Director for staff review. The Consultant ..
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" ,
attached hereto and made a part hereof and with
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.
(c) Consultant sha1.1 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 discuss with
the City Council the feasibility of continuing
2.
1.1
\ 1
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 prcpar-
ation of the final Environmental Impact Report incor-
porating into said report all ’ comments made by
interested citizens and agencies on the draft report.
. (2) DUTIES OF THE CITY
(a) The City will make payment to the Consul.tant 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.
(b)
(c) 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.
.. . (a) The City shall provide the Consultant with copi-es
1 , 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.
(3) 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 dat’e of such
3.
'Z 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 INFORElATION BY CONSULTAI'JT
Any reports, information or other data, preparcd or
assembled by the Consultant under this agreement shall
not be made available to any individual or organization
by the Consultant without the prior w-ritten approval
of the City.
* (5) OIWFRSI-XIP, .PUBLICATION, REPRODUCTION --___ AND USE OF
ENVIROMMENTAL IMPACT REPORTS AND OTHER _--.-I_ 14ATERlZiL - ..
All documents and .-cuterials prepared pursuant to this
agreement arc the property of the City. The City
shall have the unrestricted authorj-ty to publish,
disclose, distribute and ctherwise use, in whole or
in past, any reports, data, 'or other materials prepared ..
? under this' agreement, 0.
(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 "13" . The Consultant
. -. shall be paid sixty percent of the compensable services
*. " completed within fifteen day's after receipt of his
4.
...
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 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.
(7) TINE OF COMPLETION -
Time is of the essence in carrying out the terms of
this i;-yreement. It i.s understood that inclement .. .
.. weather conditions may delay the completion of field
work. The Consultant will. he allowed as many additional
days as are necessary to compensate for dzys lost due
..
to inclement weather. The Consultant shall submit to
the City, five copies of the Prsliminary Environmental
Impact Report by March 2 , 1977. He
shall submit to the City, thirty copies of the draft
I Environmental Impact Report by parc11 23 .I
1977 .
(8) LIMITS OF THE OBLIGATION
- The limits of the obligation of the City under this
agreement is in the sum oE sqan-on 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
t b' .. . -. ..
'.. not be sufficient, he shall immediately so notify
the Planni-ng Director:. Ilc will not perform any
work or incur any obligation beyond said sun of
,
$3 950.00 without appropriate ;iinen&ent -I----
to this agreenent.
.. . , (9) HOLD IJAPJ4LESS .. . I - --
The Consultant will indemnify the City against and
hold j-t harmless fr~n 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 pcr-
forrnance by Consultant of this agreement, including
the defense> of any action arising therefram.
will reimburse the City for all costs, expenses and
losses incurred by it in consequent of any claims,
..
Consultant
demands and causes of actj.on which may be brought
against it by a person arising out of the performance
by Consultant of this agreement.
(10) MAINTAIN INSURANCE -
,
Consultant shall, at all times that this agreement is
in effect or the premises are occupj-ed 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
* -1.
or financial loss resulting from in-juries occurring
to persons or property in or about t.he premises or
occurring as a result of any acts.or activity of
9
* - .*
Consultant. The liability under such insurnncc
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.
I
(11) INDEPSMDEMT CONTRACTOR - -
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 neither hold himself out as
nor claim to be an officer or employee of the City
by reason he;eof, and that he will not by reason
,
hereof I make .any claim, demand, or application to
or for any right or privi-lege 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. .-..
(12) ASSIGNIIENT OF CONTRACT
Consultant shall not assign this contract or any part
thercof or any monies due or to become due thereunder
without the prior written consent of the City.
'
(13) SUBCONTRACTING
I€ the Consultant shall subcontract any of the work
- 34
*' . ' ', . I. \.
L
(14)
---
I -
to he performed under this contract by Consultant,
the Consultant shall..he fully Iesponsible 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. Nothii?y
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 subcontrzctor
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 bi the City.
PROfiIl3ITED 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 neyotiat.ing,
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 bec&mc directly
or indirectly interested personally in this contract
or in any part thereof. No officer, employee,
architect, 'attorney, cngineer.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.
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 terms or obligations herein
contained, nor such verbal agreement or conversation
.
entitle the Consultant to any additional payment what-
soever under the terns 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
. ATTEST :
WESTEC SERVICES, INC.
. .-
BY
City Attorney v
..
9..
lz00 ELM AVENUE
CARLSBAD, CALIFORNIA 92W
Office of the City Manager
Citp of QCarls'bab
TE Le PHONE: (714) 729-1 181
February 15, 1977
Mr. William Eldredge Executive Vice President
Westec Services 1520 State Street
San Diego, California 92101
This letter is to clarify the requirements for the appearance and testimony of the project manager at
the City Council and Planning Commission hearings with regard to the Community Swimming Pool EIR.
There is a discrepancy between the agreement for preparation of the EIR and the work program which is attached as Exhibit B to that agreement.
in the work program, the project manager is required to attend two public hearings as directed by the City. Attendance at any additional meetings will be compensated
As outlined
basis as an amendment to the agree- preparation.
City Manager
PDB/DHW:ldg