Loading...
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