HomeMy WebLinkAboutEIR 83-06; RANCHO CARLSBAD; Environmental Impact Report (EIR)I 1> 0 0
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THIS AGREEMENT is made this .27 day of s7004, 1983,
between the CITY OF CARLSBAD, a municipal corporation of the
State of California, hereinafter referred to as CITY, and WESTERN
LAND AND DEVELOPMENT CO., hereinafter referred to as APPLICANT.
RECITALS
WHEREAS, the Applicant has filed with City a request for
approval of a proposed project identified as a General Plan
Amendment requiring an Environmental Impact Report (EIR); and
WHEREAS, City has determined that its current staff is
inadequate in number to process the proposed EIR in a timely and
thorough manner; and
WHEREAS, City has determined that to proceed with the
processing of the EIR it will be necessary to hire a consultant
to aid staff with the monitoring and processing of such EIR; and
WHEREAS, Applicant in order to ensure the expeditious
processing of said EIR desires to pay to City the amount neces-
sary to hire Consultant.
NOW, THEREFORE, in consideration of the covenants and
conditions, it is agreed as follows:
1. The City will engage the firm of MICHAEL BRANDMAN
ASSOCIATES, INC. hereinafter referred to as the
"Consultant" to perform the necessary work in the
processing and monitoring of the EIR for that area
I I
more particularly depicted upon a site map attached
as Exhibit "1" and made a part of this agreement.
2. It is understood that the Consultant services shall
conform to the Proposal attached as Exhibit "2" and
made a part of this agreement, and may require:
(a) Field exploration;
(b) Weekly communication with the city staff;
(c) Written reports; and
(d) Such other work necessary to properly evaluate
the proposed project as directed by the Land
Use Planning Manager.
3. It is understood that the City will direct the Con-
sultant to complete a draft and final EIR at the
earliest feasible time. The City will advise the
Applicant in writing of any impacts which may render
the proposed project unfeasible within a reasonable
time after City has received the Consultant's con-
clusions in writing.
4. The Applicant shall pay to the City the actual cost
of the Consultant's services. Such cost shall be
based on the costs set forth in Attachment "2". The
Applicant has advanced the sum of $ 9,425.00 as
payment on account for the actual cost of the
Consultant's services; in the event it appears, as
the work progresses, that said sum will not be
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S S
sufficient to cover the actual cost, the City will
notify the Applicant of the difference between the
amount deposited and the new estimated cost. City
will ensure, to the extent feasible, that no further
work will be performed by the Consultant incurring
an obligation beyond the amount advanced without an
appropriate amendment to this Agreement. If the
actual cost of preparing the report is less than the
Applicant's advance, any surplus will be refunded to
Applicant by City.
5. It is understood that the Consultant shall be an
independent contractor of the City. The Applicant
agrees to permit the Consultant to enter upon his
property and to perform all work thereon as the Con-
sultant deems necessary to complete the EIR. It is
agreed that the Applicant will not interfere with
the Consultant in the performance of such work or
attempt to influence such Consultant during the
course of his investigation and report.
6. It is understood that the City will attempt to bring
the EIR to Planning Commission and City Council as
soon as possible, barring no delays from the Appli-
cant.
-3-
S S
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
By ?44.44
FRANK ALESHIRE, City Manager
APPLICANT:
7A1 4.ç,v ' PI4',4f47
By
ATTEST:
ALETHA RAtJTENKRANZ, City Clerk
AS
DAN I'ET S V-H'NTHK B
Assistant City Attorney
-4-
AGREEMENT
THIS AGREEMENT is made this day of
1983, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and
Michael Brandman Associates, Inc., hereinafter referred to as
CONSULTANT.
1-t't'Tm7t C'
WHEREAS, the developer, Western Land and Development
Co., has proposed a project, wherein the City agrees to prepare
an Environmental Impact Report for the proposed project
identified as a General Plan Amendment. The subject property is
located on the east side of El Camino Real, east and west of the
proposed extension of College Avenue, southeast of the proposed
extension of Cannon Road and is more precisely shown on the plat
marked Attachment "1 11 , 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 conve-
nants 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 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.
0
In carrying out this obligation, the Consultant's
duties shall include the following:
(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 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 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 Land
Use Planning Manager for staff review. The
consultant shall revise the preliminary 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 Attachment
2 (unless otherwise stated in this agreement), at-
tached hereto and made a part hereof and with
applicable state law and city ordinances. The Con-
sultant shall submit to city fifty copies (in 3
ring binders) plus a reproducible master of the
draft EIR to the city.
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. 0
(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 Land Use
Planning Manager 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 a
written response to all comments received subse-
quent 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 prepared in a form that will
permit attachment to 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.
(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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. 0
(b) The City will make available to the Consultant any do-
cument, 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 fourteen 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 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
before the effective date of such preliminary report as re-
quested by staff in order to make it suitable for draft EIR
review.
(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 con-
sultant without the prior written approval of the city.
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. 0
(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 publish, 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 $ 9,425.00 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 Attachment 2.
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.
-5-
(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 Consul-
tant will be allowed as many additional days as are nec-
essary 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 three weeks
of the signing of this agreement by both concerned parties.
The consultant shall submit to the city fifty copies of the
draft Environmental Impact Report within ten working days of
the completed staff review of the Preliminary Environmental
Impact Report.
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the city under this agree-
ment is in the sum of $ 9,425.00 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 Land Use Planning Manager. He will not perform
any work or incur any obligation beyond said sum of
$ 9,425.00 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 mdi-
L7A
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 Assistant City Manager for
Developmental Services, 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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inent, including the defense of any action arising therefrom.
Consultant will rei: nburse 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 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 Con-
sultant 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 dam-
age. The policy shall be written by a responsible company
or companies to be approved by City, and shall be noncancel-
able except on ten days' written notice to City. Such pol-
icy shall name City as co-assured 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-
0
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-
curity 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 relationship between any subcontractor of Con-
sultant 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 subcontract in
question approved in writing by the city.
. I
(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 dir-
ectly 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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I
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
By
RANK ALESHIRE, City Manager
CONSULTANT
ATTEST:
ALETHA RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
DANIEL S. HENTSCHKE
Assistant City Attorney
-11-
GLO'CATION MA
i -0 \\ PROP,,"I-'
1~
PROPOSED GENERAL PLAN AMENDMENT
WESTERN LAND AND DEVELOPMENT CO.
ATTACHMENT I
RANCHO CARLSBAD GPA-70(B)
THIS AGREEMENT is made this day of , 1983,
between the CITY OF CARLSBAD, a municipal corporation of the
State of California, hereinafter referred to as CITY, and the
WESTERN LAND AND DEVELOPMENT, CO., hereinafter referred to as
APPLICANT.
,-,c'r'rm7T c'
WHEREAS, the Applicant has filed with City a request for
approval of a proposed project identified as RANCHO CARLSBAD,
requiring an Environmental Impact Report (EIR); and
WHEREAS, City has determined that its current staff is
inadequate in number to process the proposed EIR in a timely and
thorough manner; and
WHEREAS, City has determined that to proceed with the
processing of the EIR it will be necessary to hire a consultant
to aid staff with the monitoring and processing of such EIR; and
WHEREAS, Applicant in order to ensure the expeditious
processing of said EIR desires to pay to City the amount neces-
sary to hire Consultant.
NOW, THEREFORE, in consideration of the covenants and
conditions, it is agreed as follows:
1. The City will engage the firm of MICHAEL BRANDMAN
ASSOCIATES, INC. hereinafter referred to as the
"Consultant" to perform the necessary work in the
processing and monitoring of the EIR for that area
. .
more particularly depicted upon a site map attached
as Attachment lI and made a part of this
agreement.
2. It is understood that the Consultant services shall
conform to the Proposal attached as Attachment "2"
and made a part of this agreement, and may require:
(a) Field exploration;
(b) Weekly communication with the city staff;
(c) Written reports; and
(d) Such other work necessary to properly evaluate
the proposed project as directed by the Land
Use Planning Manager.
3. It is understood that the City will direct the Con-
sultant to complete a draft and final EIR at the
earliest feasible time. The City will advise the
Applicant in writing of any impacts which may render
the proposed project unfeasible within a reasonable
time after City has received the Consultant's con-
clusions in writing.
4. The Applicant shall pay to the City the actual cost
of the Consultant's services. Such cost shall be
based on the costs set forth in Attachment "2". The
Applicant has advanced the sum of $10,368.00 as
payment on account for the actual cost of the
Consultant's services; in the event it appears, as
the work progresses, that said sum will not be
-2-
. .
sufficient to cover the actual cost, the City will
notify the Applicant of the difference between the
amount deposited and the new estimated cost. City
will ensure, to the extent feasible, that no further
work will be performed by the Consultant incurring
an obligation beyond the amount advanced without an
appropriate amendment to this Agreement. If the
actual cost of preparing the report is less than the
Applicant's advance, any surplus will be refunded to
Applicant by City.
5. It is understood that the Consultant shall be an
independent contractor of the City. The Applicant
agrees to permit the Consultant to enter upon his
property and to perform all work thereon as the Con-
sultant deems necessary to complete the EIR. It is
agreed that the Applicant will not interfere with
the Consultant in the performance of such work or
attempt to influence such Consultant during the
course of his investigation and report.
6. It is understood that the City will attempt to bring
the EIR to Planning Commission and City Council as
soon as possible, barring no delays from the Appli-
cant.
-3-
. 0
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
By
City Manager
APPLICANT:
LCA
ATTEST:
ALETHA RAUTENKRANZ, City Clerk
APROVE
/
DAN t'L/ IENS'CHKE
Assistant City Attorney
. .
, ,-.In Im 11 AN1rTTm
THIS AGREEMENT is made this day of ,
1983, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and
Michael Brandman Associates, Inc., hereinafter referred to as
CONSULTANT.
n,,Iflmmar -1
WHEREAS, the developer, Western Land and Development
Co., has proposed a project, wherein the City agrees to prepare
an Environmental Impact Report for the proposed project
identified as a General Plan Amendment. The subject property is
located on the east side of El Camino Real, east and west of the
proposed extension of College Avenue, southeast of the proposed
extension of Cannon Road and is more precisely shown on the plat
marked Attachment "1", 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 conve-
nants 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 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.
1
. .
In carrying out this obligation, the Consultant's
duties shall include the following:
(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 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 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 Land
Use Planning Manager for staff review. The
consultant shall revise the preliminary 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 Attachment
2 (unless otherwise stated in this agreement), at-
tached hereto and made a part hereof and with
applicable state law and city ordinances. The Con-
sultant shall submit to city fifty copies (in 3
ring binders) plus a reproducible master of the
draft EIR to the city.
-2-
. .
(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 Land Use
Planning Manager 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 a
written response to all comments received subse-
quent 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 prepared in a form that will
permit attachment to 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.
(2) DUTIES OF THE CITY
(a) The City will make payment to the Consultant as pro-
vided for in this agreement.
-3-
. .
(b) The City will make available to the Consultant any do-
cument, 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 fourteen 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 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
before the effective date of such preliminary report as re-
quested by staff in order to make it suitable for draft EIR
review.
(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 con-
sultant without the prior written approval of the city.
4
. .
(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 publish, 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 $10,368.00 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 Attachment 2.
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.
-5-
. .
(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 Consul-
tant will be allowed as many additional days as are nec-
essary 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 three weeks
of the signing of this agreement by both concerned parties.
The consultant shall submit to the city fifty copies of the
draft Environmental Impact Report within ten working days of
the completed staff review of the Preliminary Environmental
Impact Report.
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the city under this agree-
ment is in the sum of $10,368.00 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 Land Use Planning Manager. He will not perform
any work or incur any obligation beyond said sum of
$10,368.00 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 mdi-
0
S .
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 Assistant City Manager for
Developmental Services, 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-
-7--
S .
ment, including the defense of any action arising therefrom.
Consultant will rei thurse 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 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 Con-
sultant 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 dam-
age. The policy shall be written by a responsible company
or companies to be approved by City, and shall be noncancel-
able except on ten days' written notice to City. Such pol-
icy shall name City as co-assured 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-
S .
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-
curity 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 relationship between any subcontractor of Con-
sultant 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 subcontract in
question approved in writing by the city.
S .
(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 dir-
ectly 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
RANK IRE, City Manager
MR CONSULTANT
ATTEST:
ALETHA RAUTENKRANZ, City Clerk
7Z 7
HETCW(E
Assistant City Attorney
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CASE NO.: (a DATE RECEIVED: (1 A1 g 1g R
APPLICANT: uIthc) CAR.->e
REQUEST: 4J/E 04 R1 v/a Cso (Lkk
op o1(\1, ond -S1 E
ENVIRONMENTAL
EXEMPT OR EXCEPIED:___________________________
Posted:_________________ Prior Compliance:
Filed:
NEGATIVE DECLTION:__________________________
Posted:
ENVIRONMENTAL IMPACT REPORT:____________________
Notice of Notice of
Preparation:
PLANNING COMMISSION
1. Date of Hearing
Published:________
Filed:
Notice of Determination:________
Notice of
Determination:__________
2. Publication:______________
3. Notice to Property Owners:
4. Resolution No.___________
(Continued to:'___________
5. Appeal:
CITY COUNCIL
1. Date of Hearing: ...
2. Notices to City Clerk:...............
3. Agenda Bill:.........................
4. Resolution No. ...............
5. Ordinance No........................
Date: ACTION:_______
6 2t
\JJ
Date: ACTION:
Date:
CORRESPONDENCE
Staff Report to Applicant:................
Resolution to Applicant:
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