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HomeMy WebLinkAbout1977-02-01; City Council; Resolution 4088i A 1; D a 0 1€ 1s 2c 21 22 23 24 25 26 27 28 RESOLUTION No. 4088 A RESOLUTION OF THE CITY COUNCIL OF CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WESTEC SERVICES, INC. TO PREPARE AN ENVIRONMENTAL IMPACT REPORT ON THE PRO- POSED COMMUNITY SWIMMING POOL, AND AUTHO- FZZINGTHE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does 2ereby resolve as follows: 1. That that certain agreement between the City of Carlsbad md Westec Services, Inc. to prepare an Environmental Impact Report in the proposed community swimming pool, a copy of which is attache iereto, marked Exhibit "R" and made a part hereof, is hereby ipproved. 2. That the Mayor of the City of Carlsbad is hereby autho- rized and directed to execute said agreement for and on behalf of ,he City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the \ :ity Council of the City of Carlsbad, California, held on the 1st lay of February , 1977 by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Counci 1 woman Cas1 er ABSENT: None LTTEST : EXHIBIT "B" TO RESOLUTION NO.* 0 AGREEMENT THIS AGREEMENT is made this iqLday of Fnwry ' , 1977, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and WESTEC SERVICES, INC., hereinafter referred to as CONSULTANT. RECITALS: ' .. WHEREAS, the Planning Director has determined that an Environmental Impact Report is required for the proposed project identified as the Community Swimming Pool, which lies on the south side of Basswood Avenue between Valley Street and Monroe Street and more precisely shown on the plat marked Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the Consultant has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the Consultant shall be an independent conpractor of the City; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT: Consultant shall prepare an Environmental Impact Report for the subject project in accord with the California Environmental Quality Act as implemented by the State guidelines and by City in Title 19 of the Carlsbad Municipal Code and its imple- menting resolutions. In carrying out this obligation the Consultant ' s duties shall include the following : 1.1 I , . (a) The Consultant shall (1) make all required field explorations, review, and tests; (2) make all required laboratory tests and analysis; and be prepared to answer questions and present testimony on the final Environmental Impact Report at all public hearings before the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the requirements of this section. preparing the draft report, the Consultant shall submit five copies of a preliminary report to the Planning Director for staff review, shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. Consultant shall prepare a draft report in compli- ance with the Work Program marked Exhibit "B", attgched hereto and made a part hereof and with (3) appear Before The Consultant (b) applicable State law and City ordinances. The Consultant shall submit to City thirty copies plus a reproducible master of the draft EIR to the City. Consultant shall attempt to determine as soon as possible in his study of the area involved, those (c) factors which could severely inhibit or prohibit the proposed project. factors are present, he shall so inform the Planning Director who in turn will discuss with the City Council the feasibility of continuing If it appears that such 2. with the report. The objective of this subsection of the agreement is to minimize the costs if these adverse factors exist. (d) The City shall have primary responsibility for prepar- ation of the final Environmental Impact Report incor- porating into said report all comments made by interested citizens and agencies on the draft report. DUTIES OF THE CITY The City will make payment to the Consultant as provided for in this agreement. The City will make available to the Consultant any document, studies, or other information in its possession related to the proposed project. 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. 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. TERMINATION OF AGREEMENT The City may terminate this agreement at any time by giving written notice to the Consultant of such termi- nation and specifying the effective date thereof, at least fifteen days before the effective date'of such 3. .. termination. In that event, all finished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the City, become its property. (4) RELEASE OF 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 0-ther materials prepared under this' agreement. (6) PAYMENT The Consultant will be paid a maximum of . $3,950.00 dollars for all work necessary to . carry out the requirements of this agreement. Actual . *payment shall be based on the cost of the report based -. on the costs as set forth in Exhibit "B" . The Consultant . . . shall be paid sixty percent of the compensable services completed within fifteen days after receipt of his 4. Y '. ,- I' ' 9,' 0 invoice for the completion of ,the draft Environmental Impact Report in accordance with Paragraph 1 above. The Consultant will be paid the remaining forty percent together with such other compensation payable to Consultant notsto exceed the maximum amount provided in this agreement within thirty days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City Council. (7) 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 Report by March 2 I 1977. He shall submit to the City, thirty copies of the draft Environmental Impact Report by 23 I 1977 . c (8) LIMITS OF THE OBLIGATION \ The limits of the obligation of the City under this agreement is in the sum of ~3,950,nn which amount is estimated to be sufficient to compensate the Consultant for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the Consultant that said sum may 'I t. 0' .. not be sufficient, he the Plannhg Director 0 shall immediately so notify He will not perform any work or incur any obligation beyond said sun of - $3,950.00 without appropriate amendment to this agreement. . .. (9) HOLD HAN4LESS _I - -~ The Consultant will indeinnify the City against and hold it harmless frm 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 per-' .. formance by Consultant of this agreement, including the defense of any action arising therefrum. Consultant will reimSurse the City for all costs, expenses and losses incurred by it. in consequent of any claims, demands and causes of action which may be brought against it by a person arising out of the performance by Consultant of this agreement. (10 1 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 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 damage. written by a responsible company or companies to be The policy shall be approved by City, and shall be noncancelable except on ten days' written notice to City. shall name City as co-assured and a copy of such policy shall be filed with the Planning Department. Such policy ( 11) INDEPENDENT CONTPACTOR Consultant in accordance with his status as an independent contractor, covenants and agrees that that he will conduct himself consistent with such status, that he will neith'er hold himself out as 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 compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit. 1- (12) ASSIGNPIENT OF CONTRACT Consultant shall not assign this contract or any part * thereof or any monies due or to become due thereunder without the prior written consent of the City. (13) SUBCONTRACTING If the Consultant shall subcontract any of the work 7. 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 the 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', ac'cepting or approving any architectural, engineering, inspection, construction, or material: supply contract or any subcontract in connection with the construction of the project, shall 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 Cit.y to exercise any executive, super- - visory or other similar functions in connection with the. '8. performance of this cgntract shall become directly or indirectly interested personally in this contract. or any part thereof. (15 ) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terns 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 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 \n BY . ROBERT C. FRAZEE, Mgor ATTEST : &28H& E. ADAMSJ (Zity Clerk . -.. APP~D AS T~ORM: VJESTEC SERVICES, INC. .. W City Attorney 9..