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HomeMy WebLinkAbout1981-12-15; City Council; Resolution 6743vi b 1 2 3 4 c: 8. E s E I 1( 1: 1: 1: 11 1 1 1 1 1 2 2 2 2 2 2 2 2 2 RESOLUTION NO. 6743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WESTEC FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR A 333 ACRE PROJECT IN THE CITY OF CARLSBAD. The City Council of the city of Carlsbad, California, does iereby resolve as follows: 1. That certain agreement between the city of Carlsbad and JESTEC for preparation of an environmental impact report for a 333 acre project, a copy of which is on file with the City :lerk, and incorporated herein by reference, is hereby approved. 2. The Mayor of the city of Carlsbad is hereby authorized md directed to execute said agreement for and on behalf of the zity of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the city of Carlsbad, held on the 15th day of December, 1981, by the following vote, to wit: AYES: Council tknibers Packard, Casler, hear, Lewis and Kulchin NOES : None ABSENT: None ABSTAIN : ATTEST: 2 ALETHA L. RAUTE (SEAL) '. 4' t c AGREEMENT THIS AGREEMENT is made this day of I 1981, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and WESTEC, hereinafter referred to as APPLICANT. RECITALS WHEREAS, the city has entered into an agreement with Signal Landmark, hereinafter called the "Applicant", wherein the city agrees to prepare an Environmental Impact Report for the proposed project identified as a specific plan and subsequent tentative map. The subject property is located on the north side of Palonar Airport Road just southwest of Palomar Airport and is more precisely shown on the plat marked Attachment 1, attached hereto and made a part thereof; and WHEREAS, the Consultant has the qualifications to pre- pare the requied Environmental Impact Report; and --T-Yl ~HLREAS, it is understood that the Consultant shall be an independent contractor of the city; TUOW, THEREFORE, in consideration of their mutual eunve- 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. 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 present testimony on the final Envi- ronmental Impact Rsport at all public hearings be- fore 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 to the Planning Director for staff review. The Consultant shall revise the pre- liminary 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 ap- plicable state law and city ordinances, The Con- sultant shall submit to City fifty copies plus a reproducible master of the draft EIR to the City. Consultant shall attempt to determine, as soon as 9ossible 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 Planning Director who in turn will discuss with the appli- cant 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. 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 re- sponse shall be prepared in a form that will permit attachment to termination. In that event, all fin- ished or unfinished documents and other materials prepared pursuant to this aareernent 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, (b) The City will make available to the Consultant any do- cument, studies, or other information in its possession related to the proposed project. -3- (3) (c) The Ci-y will review the Preliminary Report pre- sented 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 Envi- ronmental Impact Report subsequent to public notice that the draft Environmental Inpact Report has been filed and is available for public review. TERNINATION 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 mde available to any individual or organization by the Con- sultant without the prior written approval of the City. (5) O'%7NERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON- MENTAL IMPACT REPORTS AND OTHER MATERIAL 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 maximun of $ 9,650.00 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 fifteen 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. (7) TIME 05' COMPLETION n' lime is of the essence in carrying out the terms of this acjre2ment. It is understood that inclement weather condi- tions may delay the completion of field work. The Consul- tant will be allowed as many additional days as are neces- sary to compensate for days lost due to inclement weather. The Consultant shall submit to the City five copies of the Preliminary Environmental Impact within six 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 clays 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 $ 9,650.00 which amount is estimated to be sufficient to compensate the Consultant for all ser- vices performed hereunder during the terns 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 Planning Director. He will not perform any work or incur any obligation beyond said sum of $ 9,650-00 with- out appropriate amendment to this agreement. (9) CHANGES IN WORK If, in the course of this contractp changes seem merited by the Consultant or the City and informal consultations indi- cate that a change in the conditions of the contract is war- rarited, the Consultant or the City may request a change in c &e co~tract. Such changes shall be processed by the City in the following manner, A letter outlining the required changes shall be forwarded to the City of 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 -6- / and approved by the City Council. ineffective or invalid unaffected portions of the agreement, Changes requiring immediate action by the Consultant or the Such supplemental agreement shall not render 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. 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- mrnt, including the defense of any action arising therefrom. Consultant will reimburse the City for all costs, expenses an=! losses incurred by it in consequent of any claims, de- z;ia~.rJs and causes of action which may be brought against it by a person arising out of the performance by Consultant of this aqreement. : 324 I NT A IN I NS U RqNC E 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 -7- 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 €or any one person injured or $300,000 for any one accident and $5S,OOO for property dam- age, or companies to be approved by Cityp and shall be noncancef- 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. The policy shall be written by a responsible company ( 12 ) INDEPENDENT CONTRACTOR Consultant in accordance with his status as an independent contractor, covenants and agrees that he will conduct him- 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. -8- e ( 1 4 ) SUBCONTASACTING 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 it, Nothing contained in this contract shall create 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. (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- -9- .. 0 0 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 terns or obligations herein contained, nor such verbal agreement OK conversation entitle the Consultant to any additional payment whatsoever 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 BY RONALD C. PACXARD, Mayor , ATTEST: i 1 .1 BY CONSULTANT A,DPRUVED AS TO FORM: I A A,\W T F. BIONDO, JR. VU$&?& 7 pfty A$torney, -1 0-