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Home My WebLink About1988-04-19; City Council; Resolution 88-1287 .* 0 e I ll RESOMUTION NO. 88-128 2 3 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 01 CARLSBAD, CALIFORNIA APPROVING REIMBURSEHEN! AGREEMENT BETWEEN CITY OF LOS ANGEIXS AND CITY 01 CARLSBAD FOR THE PREPARATION OF THE BATIQUITOI LAGOON ENHANCIEMENT PROJECT ENVIRONMFNI'AL REVIEW WHEREAS, City of Los Angeles acting by and throl 7 Board of Harbor Commissioners (BOARD) and the City of Ci (CITY) intend to pursue a proposed project identified enhancement of Batiquitos Lagoon (PROJECT) as mitigati Los Angeles harbor fills requiring an Environmental Report (EIR) and Environmental Impact Statement (EIS); a] WHEREAS, BOARD and CITY will be parties to an Agi (IIMOA*I) with various federal and state agencies whic establish procedures and responsibilities for d construction and maintenance of the Project: and a 9 10 11 12 13 14 15 16 17 18 19 2o 1 project: and WHEREAS, said MOA requires Carlsbad to be the lead with responsibility for the preparation of the EIR/EIS: a WHEREAS, the MOA also requires Carlsbad to acquir interests which will allow the construction of the enhar 21 (I WHEREAS, BOARD desires to fund the amount necess 22 23 24 carry out both the preparation of the EIR/EIS and the E necessary to secure the appropriate land interests: NOW, THEREFORE, BE IT RESOLVED as follows: 25 26 1. The above recitations are true and correct. 2. The attached agreement entitled "REIMBUR 27 /I AGREEMENT" between the City of Los Angeles and City of Ca 28 is hereby approved. ’ I1 a 0 1 2 3 4 5 6 7 8 9 X0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Mayor is hereby directed to sign agreement on of City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular I of the Carlsbad City Council held on the 19th day of 1 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES : None ABSENT : None ATTEST : aL I LzE. RAUTENKRANZ , Citk Clerk aL I LzE. RAUTENKRANZ , Citk Clerk (SEAL) CC RES0 NO. 88-128 -2- 0. / ,. " - HARSOR DEPARTMENT ,! AGREEMENT 1419-2 aTY OF LQS AEJGELES REIMBURSEMENT AGXXEMENT. (HARBOR DEPARTMENT AG2EEMENT NO. 1419-1 1 CARLSBAD RESOLUTION NO. 88-128 REIMBURSEMENT AGXEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF LOS ANGEmS FOR THE PREPARATION OF AN EIR/EIS AND CERTAIN OTHER CONSULTANT STUDIES FOR THE .- BATIQUITOS LAGOON ENIWNCEMENT PROJECT THIS AGREEMENT is made this 13th day of APRIL , 1988, between the CITY OF CARLSEAD, a municipal corporation of the State of California, hereinaf referred to as CARLSBAD, and the CITY of Los Angeles actin and through the Board of Harbor Commissioners hereinafter referred to as BOARD. RECITALS WHEREAS, BOARD and CARLSEAD are pursuing a proje identified as the enhancement of Batiquitos Lagoon (''Baticpitos Project"), which is located within the jurisdiction of CARLSBAD, as mitigation for Los Angeles ha . fills and CARLSBAD intends to retain various consultants t study the project; and WHEREAS, CARLSBAD has already entered into the f of the necessary agreements for the Project by retaining t services of CH2M Hill for preliminary project engineering; WHEREAS, BOARD has already agreed to reimburse CARLSEAD for the cost of the engineering design services o CH2M Hill pursuant to Board Agreement No. 1419 (City of Carlsbad Resolution Nos. 9028 and 9101); and is now necessary for CARLSBAD to retain the services of CH Hill to assist in the preparation of an EIR/EIS and to per related technical studies; and WHEREAS, to proceed with the Batiquitos Project . . .~ ..___"...___ WHEREAS, to proceed with the Batiquitos Project is also necessary for CARLSBAD to retain consultants to perform certain additional expert services as described be and -1 - 0 0 WHEREAS, BOARD and CAIILSBAD are parties to an Agreement (rrMOA*f) with various federal and State agencies which establishes certain procedures and responsibilitiea €r desiyn, construction and maintenance of the Batiquitas Prajc and which requires Pacific h Texas Pipeline & Transportatia company ("Pacific Texas") to deposit certain sums with the Coastal Commission to fund the Batiquitos Project; and WHEREAS, Pacific Texas has not yet deposited such fund6 and BOARD desires to fund the amount necessary to car1 out CARLSBAD'S additional studies. NOW, THEREFORE, in consideration of the covenants and conditions below, it is agreed as follows: 1, Caxlsbad's Retentian of Consultant, CARLSBAD will engage the firm OF CH2M Hill hereinafter referred a5 CONSULTANT to perform all the services necessa~ to complete an EIR/EIS for the Batiquitos Project described more specifically in Agreement No, - ,_ between the City of Carlsbad and CH2M Hill (Exhibl 1) 2. Retentian of Additiml Consultants to Perform Additional Wert Services. CARLSBAD and BOARD (t tfparkias") agree that to expedite completion of th Batiquitos Project, CARLSBAD will need to hire additional consultants (hereafter ltCONSULTANTSra) t perform the expert services described in Exhibit 2 BOARD agrees to reimburse CARLSBAD for these CONSULTANTS provided: (1) the CONSULTANTS selecte are agreeable to the Executive Director of the Los Angeles Harbor Department or his designee which shall be given in writing by letter to CARLSBAD wh the CONSULTANTS are selected; (2) the amount of th reimbursement for each CONSULTANT selected shall n exceed the amount listed in Exhibit 2 (which include8 a 25% cmtingency factor) without further BOARD approval; (3) the amount of the reimbursemen1 for the administrative services of CARLSBAD shall hot exceed the amount listed in Exhibit 2 (which includes a 25% contingency factor) without further BOARD approval, 3. ta2M Boa I Hill's Preparation Of WEIS. BOARD shall pay to CARLSBl the actual cost of CH2M Hill's services provided these costs shall not exceed Si% Hundred Twenty Thousand Twa Hundred Ninety-one Dollare ($620,291.00) (including a ten percent (10%) -2 - 0 0 contingency factor) without prior written appro. of BOARD plus actual CARLSBAD administrative co associated with this CONSULTANT'S agreement, a8 indicated in Exhibit 2. CH2M Hill'e costs shal based on the compensation provisions of the CAR CH2M Kill EIR/EIS agreement (CARLSBAD Agreement )* The invoices of CH2M Hill and all additional CONSULTANTS retained by CARLSBAD as authorized this agreement shall be forwarded monthly to BO for direct payment to CONSULTANT by BOAR0 in a timely manner. Monthly invoices for actual CAR administrative costs, shall be paid by BOARD in like manner. Said invoices shall be fully documented by CITY. 4. consultants Are Xndermndent Contractors, It i~ understood that CHZM Hill and additional CONSUI shall be independent contractors of CARLSBAD. 5. Project Manacrex. Tn accordance with Exhibit B the MOA, it is understood that BOARD is prepars provide CARLSBAD with a Project Manager to assi CARLSBAD in carrying out the consulting work necessary to properly assess the Batiquitos Prc The Project Manager shall report tm and take direction from CARLSBAD, through the CARLSBAD C Manager or his designee, provided however, that CARISBAD agrees that it will at all times cons1: with BOARD if BOARD expresses ahy concern6 rege the Project and will implement a11 requests of unless it expressly finds such requests are unreasonable. The Project Manager shall compl] a11 laws, rules and policies of CARISBAD and MZ removed by BOARD or CARLSBAD, after consultatic with BOARD, if his/her performance is in any re unsatisfactory. The Project Manager shall be provided appropriate office space and facilitic available, (phone, copier, files, etc.) by CAR1 6. ]Reimbursement of Board from Coastal Commfssion Escrow Account. The parties agree that BOARD : advancing funds for the CONSULTANTS and CARLSBi Services identified in this Agreel~8nt to carry the work authorized by the above referenced MOj The parties agree that the monies advanced by I are those which are funded by Section 5 and 9 4 Batiquitos MOA and further understand that BOAI shall be reimbursed for the actual amount of if -3 - 0 0 7, I/// //// //// //// //// 1/11 //I/ //// payments to CONSULTANTS and CAR~SBAD from the ES, Account established under the terms of the MOA, ' Witten request by BOARD. BOARD shall have the right to terminate the work of CONSULTANTS at anytime for any reason as long as BOARD reimburs the CONSULTWTS and CARLSBAD €or costs incurred date. Such termination shall be accomplished by BOARD providing CARLSBAD a written notice and CARLSBAD terminating the CONSULTANT'S Agreement provided in that Agreement. Prmrietarv Information. The work product of CH Hill and additional CONSULTANTS retained by CARL shall be owned jointly by CARLSBAD and BOARD and shall not be released to any other party without consent of both CARLSBAD and BOARD. CARLSBAD an BOARD agree that the plans developed by CONBULTA are proprietary information which have an econortl value ta a parson restoring the lagoon. If far reason BOARD does not proceed with the project, agrees that CARLSBAD may use the plans developed CONSULTANTS to itself restore the lagoon. CARLS agrees that if any other person wishes to re&ar the lagoon and use such plans, that BOARD shall entitled to be reimbursed from such person the % of the CONSULTANTS' plahs and reports to the ext BOARD funds have paid for the work of the CONSULTANTS, -4 - - 1, ., r + t .I 0.: ; e. .- 1, IN WITNESS WHEREOF, the parties hereto have exec this agreement on the day and year first above written, CITY OF CARLSBAD, a Municipz Corporation of the State of - Attest ALETHA RAUTENKRANZ City Clerk I , 1988 , City Attorney JmE;Z/- - , 1988 'ty ttorney BY / .." ' 4 ND P, BENDER, Assistant RPB : au 04/06/88 -5-