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HomeMy WebLinkAbout1979-06-05; City Council; Resolution 5799I .. 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 15 16 17 1E 1s 2c 21 22 22 24 25 26 23 2€ RESOLUTION NO. 5799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BE- TWEEN THE CITY OF CARLSBAD AND REGIONAL ENVIRON- MENTAL CONSULTANTS FOR PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF CARLS- BAD WASTEWATER RECLAMATION MASTER PLAN The City Council of the City of Carlsbad, California, d S hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and Regional Environmental Consultants for preparation of a draft en- vironmental impact report for the City of Carlsbad wastewater rec- lamation master plan, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference, is hereby ap- proved. 2. 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 held the 5th day of June , 1979, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki , Anear, Lewis and NOES: NONE Councilwoman Casler ABSENT: NONE ATTEST : /* RONALD C. PACKARD, MAYOR (SEAL) I/// . - .. . . . . .... ..~. _" . . . . -. -. . . 11 1: .. 12 x4 LE 17 . 1E 19 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGREEMENT made and entered into this 9 day o€ June, 1979, between the City of Carlsbad, a political subdivision )f the State of California, hereinafter referred to as the "City" ind Regional Environmental Consultants (RECON) hereinafter referred ;o as the "Consul tant . WITNESSETH . 4 WHEREAS, the City is required by State Law to provide an bvironmental Impact Report which meets the requirements of CEQA md the State EIR Guidelines when it has been found that a project lay have a significant effect on the environment. WHEREAS, the Consultant has the qualifications to prepare the :equired EIR, and NOW, THEREFORE, in consideration of their mutual covenants md conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT ' a. The Consultant shall (1) provide the City with an 2nvironmental.Impact Report which meets the California Environ- iental Quality Act and the State EIR Guidelines as written in :he State Code; (2) make all required field explorations, review, ind' tests: (3) make all required 1ab.oratory tests and analysis; :4) iony on the final Environmental Impact Report at two to four public appear and be prepared to answer questions and present testi- iearings before the Planning Commission or the City Council prior :o the adoption of the report of each of such bodies; and (5) lake two public hearing presentations concerning the contents of :he EIR. The consultant shall submit ken copies of a preliminary 'eport to' the Planning Director for staff review. The preliminary -1- 2 3 4 5 6 7 8 9 * 10 11 12 .. 13 14 15 16 17 . 18 19 20 21 22 23 24 25 26 27 28 'report shall be prepared in compliance with the Work Program * attached. hereto as Exhibit "Atto .The Consultant shall revise the Preliminary Report as reqilested by staff in order to make it suitable for draft EIR review. The Consultant shall submit to the City.50 copies (in 3-ring loose-leaf binders) of the Final draft EIR plus a reproducible master copy. b. The 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, he shall so inform the Planning Director who in turn will bring this to the attention of the Council. The objective of this subsection of the agree- ment is to minimize the costs if such adverse factors exist. The City shall have primary responsibility for .c, preparation of the final Environmental Impact Report. incorporat- 'ing into said report all comments made by interested citizens '.and agencies.on the Draft Report. -The City may request technical assistance from the Consultant in responding to comments on the draft EIR. (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 pre- sented by the Consultant within ten (10) working days of their receipt and make written comments to the Consultant within this -2- .... .... .... . I . ,_ .......... .: . .... .. ..... ..-_ - .. .. 9' 1 2 3 4 5 6 7 a 9 le . 3.1 12 12 14 1: 16 17 ' TE . 1I . . 2( 21 2; 2; 21 2: 2t 2'1 2t 0. 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. 4 (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 (15) days before an effective d,ate of such termination. In that event, all finished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the City, becom its property. . In the eventbf termination, the City will pay Consul- tant for all work completed to the effective date of such termina- tion;based upon Consultant's regular hourly rates and cost of materials. (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 Consul- tant without the prior written approval of the City. (5) 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. PUBLICATION, REPRODUCTION AND USE OF ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIAL ///////' -3- . .1 2 3 5 .6 7 ‘8 .9 m 10 11 12 13 .. 14 15 16 17 . 18 19 20 21 22 23 24 25 26 27 20 (6) PAYMENT . The Consultant will be paid a total sum of $25,000.00 for work necessary to carry out the requirements of this agreement. The Consultant shall be paid thirty (30) percent of the above fee within fifteen (15) days after receipt of his invoice upon City acceptance of a progress report’due ~ithin four (4) weeks of contract execution. The Consultant shall be paid an additional . th’irty (30) percent of the above fee within fifteen (15) days afte: receipt of his invoice for the completion of the draft Environ- mental Impact Report in accordance with Paragraph 1-a above. The Consultant shall be paid twenty (20) percent of the above fee within fifteen (15) days after receipt of his invoice upon sub- mission of the Final Environmental Impact Report to public hearing The Consultant will be paid the remaining twenty (20) percent within thirty (30) days after receipt of his invoice. to be sub- ‘mitted’after the certification of the Environmental Impact Report .by the City Council. (7) TIME OF COMPLETION The Consultant shall submit to the City ten (10) copies of’ the Preliminary Environmental Impact Report by July 30, 1979. The Consultant shall submit to the City fifty (50) copies of the final draft EIR by August 27, 1979. The Consultant will be allowed additional days as are necessary to compensate for days lost due to City or interagency actions or inactions which affect the Consultant’s progress. (8) HOLD HARMLESS AND INSURANCE The Consultant will indemnify the City against and hold it harmless from all and any liability for damages on account of -4- 1' 1t 35 2c 21 22 22 24 25 26 27 28 0- injury to persons or,damage to properey resulting from or arising out of or in any way connected with the negligent performance or willful misconduct by Consultant of the Agreement and reimbkse the City of all costs, expenses and loss incurred by it in conse- quent of any claims, demands and causes of action which may be brought against it by a person other than the City arising out of the negligent, alleged negligent performance or willful misconduct by Consultant of this Agreement. It is understood that this hold harmless provision shall not apply to any claims, demands, costs, expense (including costs of defense), liability, causes of action, or judgment which occur by reason of the negligence, alleged negligence, or willful misconduct-of the City or the City's agents servants, or other independent contractors who are directly res- ponsible to the City. The Consultants shall furnish the City with a Certificate of an insurance with the limits of at'least $100,000 for bodily injuries of each occurrence. - IN WITNESS WHEREOF, the parties hereto have caused this agree ment to be executed as of the date and year first above written. ZONSULTANT BY R0NALD.C. PACKARD, Mayor -5-