HomeMy WebLinkAbout1981-01-20; City Council; 6483; Agreement for provision of the Occidental Environmental Impact Report.•
CITY or CI\RLS\31\0
INITIAL
/\GENOA BILL NO. J L(_ P~----·~_.).. -,; (J!_ _ (L>-=-~-~------------------.0 e pt. H d • _\ cs-_
DATE:
D E P 1\ ;n t·i E N T :
SUl3J E'CT:
-~'!ll19rv 2~ 198l_ ___________ Cty. A tty ·h[)~~/:_ __
Planning ____________ Cty. t·1_gr.V(. ;Jt1./
AGI~EF11.FID FOE. Pl\OVISION OF 'TI-lE CX:..'CIDEl\lTAL
EN\Til\.Ol'R1ENTl'-1L I.Ml"ACT REPORT (EIR)
ST J\T GrE N T 0 F T H E H .1\T T E R
Tne proposed project is a recruest for a zone change and a site develop1~1t
plan for three parcels of land. 'Ihey are located southwest, southeast, and
northeast of the intersection of I-5 and Poinsettia Lane. (See Exhibit A,
site map).
'Pn EIR. v.us prepared in 1973 but covered a larger area, i11clusive of the pre-
sent project. 'That 1973 EIR was known as the Casas de Las Poinsettias Ell{.
Tne Council approved the EIR wi t.h the understandir\g that it was general in
nature and that site specific EIR' s would be needed as ea.ch parcel was
developed~ The_ Planning Director determined that a new EIR v;as needed.
Staff distributed five Requests for ProfOsals (RFP's) to:consult.cmts for
th? preparai:ion of an EIR. The Planning Department received the following
bids: ·
Wesl0c Services, +nc.
Larry Seeman Associates
Haworth and Anderson
$17,600.00
$16,850.00
$15,900~00
All three consultants were highly qualified and s1..1bmitted excellent proposals ..
Due to the lower cost, staff 'makes the following. recomne..11dation:
Fiscal Impact
I\o fiscal impacts are anticipated by this project
EXHIBITS
l. He<:-~olution ~'t:b.ul/ol Approving Agreement wifu Haworth and Anderson,
Inc., Consultant.
2. Rc:~olution No. {p_tlol Approving AgreE:-ment vJith Applicant.
A.· Site Map.
RECXX 'I'-:S ~.7\ TIOl1
St.:'l.ff H:'COl!llT'enc.b that the City Council adopt the attachm resolutions authorizing
the: ~la.yor to enter ill to agreerncnts with tl1e consulting finn of lia\\70rth anc.l
lmr1erson, Inc., for the ·:rrepl.ration of an environn:cntal jJnpact rernrt for the
prop:::sed Poinsettia prorcrty, and 1<.C. Jewett Compc-:tny for the provision o.J:: pay-
mc'nt [or consult.cmt costs accrued in prep:1ration of the environrnentcl.l imp0ct
1:er:ort. 'Ihe conLra~ts are on file for revie-w in -t:he Plannin~J Dcp.:>rtment.
AGENDA BILL NO. 6483 Page 2
Council Action:
1-20·-81 Council adopted Resolution 6407 and 6408.
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~ RESOLUTION NO. 6407
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
3 MENT BETWEEN THE CITY OF CARLSBAD AND HAWORTH
AND ANDERSON, INC. FOR PREPARATION OF A DRAFT
4 ENVIRONMENTAL IMPACT REPORT FOR LAND LOCATED
SOUTHWEST, SOUTHEAST, AND NORTHWEST OF I-5 AND
5 POINSETTIA LANE
6 The City Council of the city of Carlsbad, California, does
7 hereby resolve as follows:
8 1. That certain agreement between the city of Carlsbad and
9 Haworth and Anderson, Inc. for preparation of a draft environ-
10 mental impact report for land located southwest, southeast, and
11 northeast, of I-5 and Poinsettia Lane, a copy of which is attached
12 hereto, marked Exhibit 1 and incorporated herein by reference, is
13 hereby approved.
14 2. The Mayor of the city of Carlsbad is hereby authorized
15 and directed to execute said agreement for and on behalf of the
16 city of Carlsbad.
17 PASSED, APPROVED AND ADOPTED at a regular meeting of the
18 City Council of the city of Carlsbad held the 20th day of January,
19 /1981, by the following vote, to wit:
20 AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
21 NOES : None
ABSENT: None 22
23
24 £;e:~J
RONALD C. PACKARD, Mayor
25 ATTEST:
26 OJo:t-4. ~ ~~ 27 ALETHA L. RAUTE ~NZ,CitYCl~rk
28 (SEAL)
', f
AGREEMENT
THIS AGREEMENT is made this 20th day of January 1 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 ~or the proposed project, which lies
southwest, southeast and northeast of the intersection of . , . Interstate 5 (I-5L and Poinsettia Lane in Carlsbad and more
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 ~epresents 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
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s_aid project and has not been employed by the applicant
upon any project within two years last past; and
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:
l• DUTIES OF THE CONSULTANT: Consultant shall prepare
an Environmental Impact Reporu 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. In carrying
out this obligation the Consultant's duties shall
include the following:
(a) The consultant shall (1). make all required field
explorations, review, and t~sts; (2) make all •
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
review. The Consultant shall revise the
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preliminary report as requested by staff in order
to make it suitable for draft EIR review.·
(b) 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-five
copies plus a reproducible master. of the draft
EIR to the City in a three-ring binder form.
(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 factors are present, ,h~. shall so inform
the Planning Director who in turn will discuss
with theapplicant 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 all comments received
subsequent to public notice that the draft
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Environmental Impact· Report has been filed.
Consultant shall also prepare any responses
· necessary to matters raised at the public
hearings. The written response shall be pre-
pared in a form that will permit attachment to
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the Environmental Impact Report. The Environmental
Impact Report, the comments, and responses thereto
' ' as approved by the Planning Commission and City
Council shall be compiled by Consultant and integrated
into the final Environmental Impact Report.
( 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 presented
by the Consultant within ten working days of
their receipt and make written comments to the •
Consultant within this 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.
( 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 before the effective date of such
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termination. In that event, all finished or unfinished
document.s and other materials prepared pursuant to
this agreement shall, at the option of ~he 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
All 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 ·:>ther materials prepared
under this agreement.
(6) PAYMENT
The consultant will be paid a maximimum nf 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 ~f the total amount at the
time the contract is signed. Fifty percent of the total
·amount will be paid within fifteen days after receipt of his
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·. invoice for the completion of the draft Environmental
Impact Report in accordance with Paragraph 1 above.
The consultant ~ill be paid the remaining twenty percent
together with such other compensation payable to consultant
not to exceed the maximum amount provided in this agree-
ment within thirty days after receipt of invoice, to be
submitted after the certification of tpe Environmental
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. The consultant will be allowed as many additional
days as are necessary to compensate for days lost due
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to inclement weather. The consultant shall submit to
the city, five copies of the Preliminary Environmental
Impact Repo~t by February 24, 1981. He shall submit to
the city, thirty-five copies of the draft Environmental
Impact Report by March 10, 1981.
(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~ compensate the consultant for all
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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,
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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.
(9} 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 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 ?auses of action
•
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 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 re~ulting from injuries occurring
to persons or property in or about the premises or
occurring as a result of any acts or activity of
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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.
{11) 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.
(12) 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.
{13). SUBCONTRACTING
If the consultant shall subcontract any of the work
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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 the. contrary 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,
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 function$ in connection with the
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performance of this contract 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 1 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
agreemen·t on the day and year first above written.
ATTEST:
APPROVED AS TO FORM:
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By
--------------------------~--
!J!·~ VICENTF.~.
City Attorney
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RESOLUTION NO. 6408
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE OCCIDENTAL
COMPANY OR ASSIGNS FOR THE PAYMENT OF CONSULTANT
COSTS INCURRED FROM THE PROVISION OF AN ENVIRON-
MENTAL IMPACT REPORT ON THE LAND SOUTHWEST, SOUTH-
. EAST AND NORTHEA·s·T OF T ... 5 AND POINSETTIA LANE.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That this certain agreement between the City of Carlsbad
and the Occidental Company or assigns for the payment of
consultant costs incurred from the provision of an Environmental
Impact Report for the land located southeast, southwest, and
a copy of which is attached hereto marked Exhibit 3 and made
a part hereof, is hereby approved.
2. That 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, California, held on 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
ATTEST:
·~·t·K~····
ALETHA L. RAUTENK:Rl\NZ , City C~k
(SEAL)
t:!Z~c~ _,
RONALD C. PACKARD, Mayor
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
THE OCCIDENTAL COMPANY OR ASSIGNS hereinafter referred to as
APPLICANT.
.·RECITALS:
WHEREAS, the Applicant has filed.with the City a request
·for' approval. of a proposed project located southwest, southeast,
and northeast of I-5 and Poinsettia Lane; and
WHEREAS, the City has determined that said project could
have a significant impact on the environm~qt and that an
.
Environmental Impact Report must be prepared prior to consider-·
ation of the project; and
WHEREAS, the City has determined that it must engage the
services of a qualified consultant to perform the necessary work
in the preparation of an Environmental Impact Report for the
proposed project;
NOW, THEREFORE, in consideration of the covenants and
conditions hereinafter contained, it is agreed as follows:
1~ The City will engage ·the firm of Haworth and
Anderson, Inc. hereinafter.referred to as the
''Consultant" to perform the necessary work in the
EXHIBIT 3
preplation of an Environ..r{entalttmpact Report for
that area more particularly depicted upon a site map
attached hereto marked Exhibit "A" and incorporated
herein by reference.
2. ·It is understood that preparation of the Environmental
Impact Report shall. conform to the .Proposal attached
beret<:;> as Exhibit 2, and may require:
{a} Field exploration, review and tests;
·(b) Laboratory tests and analysis;
(c) Written .reports; and
(d) Such other data as may be necessary
to properly evaluate the impact o~ the
proposed project on .the environment.
3; It is understood that the City will direct the Consultant .
to determine at the earliest time those factors which . ~
could severely inhibit or prohibit the proposed project;
that the City will advise the Applicant of .tJl1e · Consultant 1 s.'
conclusion for the purpose of determining the feasibility
of contil':'luing with preparation of the Environmental
Impact Report.
4. The Applicant shall pay to the City the actual cost
incurred by the Consultant in preparing said report;
that such costs shall.be .based on the costs set forth
' " in Exhibit·2. The Applicant has advanced the sum of
. $15,900 as payment on·account for the cost of preparing
said report; that in the event.it appears, as the
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work progresses, that sai_d sum. will not be sufficient,
the city will notify .the· applicant. No further work
.will be performed by the-consultant incurring an obli-
gation beyond the amount advanced without an appropriate·
amendment to this agreement. If the actual cost of
preparing the report is less than applicant's advance,
any surplus will be refunded to applicant by city.
5.. The applicant shc:dl further pay to the city-the
actual cost incurred by the city in the processing/
review, preparation of comments, or otherwork performed
in connection with the report... The appl·icant has
advanced the amount of $15,900 as payment for said
. services and agrees ·that if the ac.tual cost incurred
" . by the city exceeds the amount or the deposit he
will, after. receipt of city invoice, .promptly remit
to-the city such additional-amount.· If: the a-s;.tual
cost incurred by the 'city is less than the amount of
the payment by the applicant, the citywi11 promptly
refund such surplus funds to the applicant.
6. It is understood, that the consultant sha11 be an
independent contractor of the city;: that the applicant
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agrees to perm~t the consultant to enter upon his
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property and to perform all work thereon_ as the
consultant deems necessa-ry to complete the.· Environ-
mental Impact Report. It is a:greed that the applicant
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at no time will interfere \V'i th the consultant in the
performance of such work or attempt to ;influence
such consultant du~ing the course of his investi-
gation and report.
7. It is understood that the city will attempt to bring
the Environmental Impact Report to Planning Commission
·hearing not later than April, 1981.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
ATTEST:
APPROVED AS TO FORM
BIONDO,
Attorney
"
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CITY OF CARLSBAD, a Municipal
Corporation of the State of
California .
B~&:£L/
RONALP c. PACKARD,· Mayor
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Applicant
BY .......... ..
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