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HomeMy WebLinkAboutEIR 83-06; RANCHO CARLSBAD; Environmental Impact Report (EIR)I 1> 0 0 Z(2PP1M1'Mm 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 -2- 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. -2- . 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. -3- . 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. -4- . 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- -7-- . 0 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. -10- 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. -10- 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 -11- •.. : ! - - 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: -- - L