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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. ' ~ 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 ::... . 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 -2- ',' 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 . 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 -3- ',. 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 -4- . ' < 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 -5- ·. 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 ' , . 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 v 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. (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 -7- e e 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 -8- . < • 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 -9- . ' . , .. 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 -10- . .. ~"' .. • c • \ \ J.AC!FIC OCEAN . . ... EXHIBIT A·· · SCALE CITY OF CARLSB.~D .J) ' ... ' . f I I ! ' . . t .. . ~ l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 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 •, •• 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 . . agrees to perm~t the consultant to enter upon his ·~ 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 . .. 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 " k CITY OF CARLSBAD, a Municipal Corporation of the State of California . B~&:£L/ RONALP c. PACKARD,· Mayor . .. Applicant BY .......... .. ' . -4- · OCE/.\NStOt: ,, \ P.4ClFIC OCEAN : •. . . ... .. ~ . ·, ... .. . .. . . . . 78 •. SCALE Gooo' -t C!TY OF CARLStt~D .. .. . . .• .. . . . .. . . : . . ,ij ~ .. -~ .. ·. "<If•, ~-. . . . ..... . ~ ... . . ... . ~ .. • ' .. : .. .. • • . '•