Loading...
HomeMy WebLinkAboutCC RESO 11,216RESOLUTION NO. 11,21.6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT BY OWEN MENARD AND ASSOCIATES BE IT RESOLVED that the Mayor is authorized to execute, and the City Clerk to attest to that certain agreement for the Preparation of an Environmental Impact Report by Owen Menard and Associates. PASSED AND ADOPTED this 14th day of November, 1973. ATTEST: AGREEMENT FOR THE PREPARATION OF AN F.77IRONMENTAL I PL.C'1 REPOT DITEEN 1=EV:]1,01=17 AjZENCY OF T:Il: CITY OF NATIONAL CITY AND OWEN MENARD & ASSOCIATES WHEREAS, the City of National City (City) acting through its Redevelopment Agency of the City of National City (Agency) desires to study the feasibility of developing certain real prop- erty situated in the City of National Citl, , now k•:,own as the Bonita Golf Course, located generally in the southeast quadrant of Inter- state 805 and Sweetwater Road, said property now -owned by the Koenig Corporation, for use as a regional shopping center, said center to be known as the Bonita Plaza (the Project); and WHE E AS, City and Agency have designated said real rroi crt_ as a "survey area" pursuant to the provisions of the Community Redevelopment Law of the State of California; and WHEREAS City and Agencydesire an independentobjective and cajec�ice evaluation of the environmental impact resulting from the con- struction of the. Project; and ':HL .EAS, Owen. N`., nard & Associates (contractor) is qualified to, and d sire to render al , l s ,rViCeSnecessary inj -, �;; c. iC' U1_.._ arc.tZOn of an e1 rC. t _'1. .. _..,ii .:, rep Or�, r1iCh report will tom?v in all respects with the anoliC bl terns and provi__ _ ns of the California Quality Act oL 1970 so that the coverning bodies of the City and Agency may assess the environmental impact of the Project in determining whether or. not to nrecee with the Project. NO., THEREFORE, for and in consideration of the mutual covenants herein contained and for other good and sufficient consideration, the parties hereto do agree as follows: SECTION 1 - 1=PLO=ENT OF CO`:TRACTO,.; Agency hereby employs contractor to render all services necessary in preparing an environmental impact report (the Report) for the Project. In preparing the Report the contractor may engage the services of subcontractors as hereinafter provided: The Report shall contain all the information, exhibits, analyses, conclusions, estimates and calculations necessary to fully describe the environmental effects and considerations of the Project as those considerations and effects which are set forth in: (a) City of National City Environmental Impact Report Guidelines;- The tat,ut recluirements contained in '-2e 7nviron-=tal Quality Act of 1970; (c) The 'ie :lLllr.^.;::t:i sot forth in the Guidelines prepared by the California OfficePlanning tsc �c -. of and� �. rch within (pursuant t' l the fern Environmental m^, L Quality �,Culi�b.,�.�_a ,.vir�..,.,�^�a1 Act of 1970). In addition to the fore oirig, tie contractor shall include tL� R:eort suc: further materials as are called for in the work to be performed by the subcontractors. Although this agreement contemplates the employment of subcontractors, the contractor remains solely responsible for the total work product called for by this agreement, the quality of which is contractor's non -delegable duty. The authority herein contained for. contractor to employ subcontractors does•not relieve contractor from its sole responsibility for the performance of all work herein called for. In preparing the Report contractor shall coordinate the • efforts of the subcontractors, supervise the research and analysis required hereunder, edit the written reports of the subcontractors and incorporate the same into the completed Report, the preparation of which is the sole responsibility of contractor, coordinate the work herein called -for with the professional staff of Agency and City and deliver, ors _._ reinaftcr set forth, the Renort. hk11 puvrsl_L or]erei n called for, the Contrec'- + . is authorized to emplO_' as subcontractors the folowinq: DAVID P'"'F.RSON AND ASSOCIATES; (2) COS'', :`:_.... 'AL PrO=.-:S''TO"\T, SF,P`>T=S; ( J ) ,.... , 'b' V '... Jn 'b• ..._. .. l.. - In the event any of the authorized subcontractors are unable to perform thoir services then contractor submit for Agency ... c City approval, a replacement subcontractor. No replacement sub- contractor shall be employed by contractor without the written consent of Agency and City. SECTION 2 - SCOPE or SERVICES: Contractor shall cause to be preparcf the P'port which shall contain all of the considerations above described. Con- tractor and its subcontractors shall make such studies and analyses as are necessary to evaluate the environmental impact of' the Project as above described, including, but not limited to, the consequences of the nr eCI- . (a) Resulting from flood and drainage patterns; (b) Resulting -from importation of large quantities of earth fill; (c) The effect on the area's water shed due to the free- way, construction; (d) The state and condition of soils on site; (e) Social arising out of the Project; (f) influences '.: on �'::i;, � �..'�� �._ia flit uy for the cc:.' u:iltjy by (g) - Eccno:!i c effect of the Project and y.' in.)ncia i 1--,act analysis. zoning and 1 fanning the Project. including c::ployment (h) Project impact on governmental revenue and expenditures. (i) The consequences of projected vehicular traffic occurring out of construction of the project, including alternative and present and projected traffic patterns and volume. (j) Project act on geology, and the. analysis of the geology of the Project including seismic analysis. (k) Analysis through the application of all relevant physical sciences of the physical impact of the Project. (1) The bioecology impact of the Project including the Project impact on all plant, animal and insect life, together with a plant, animal and insect analysis and inventory. (m) Any and all other potential adverse environmental impacts arising from the construction of the Project, the analysis which is within the technical competence c. (:Le contractor and its subcontractors. -5- SECTION 3 PROGRESS REPORTS: s+ Contractor shall submit to City and Agency, through Agency's Executive Director progress reports on the course of the work herein called for, at such times and in such form as the Executive Director may call fora In addition, contractor shall confer with the Executive Director at such times and places as the Executive Director determines to be necessary to ::view and pursue the course of the work herein called for. SECTION 4 - PPrLIIINARY REPORTS: Preliminary reports are to be submitted as soon as possible after the collection and evaluation of all relevant data. Con- tractor shall prepare a preliminary draft of the report (draft). 'The draft shall be submitted to the Executive Director for review. The Executive Director, as soon as practicable after receipt there- of, shall return the draft to contractor together With a written statement enumerating the Agency's qualitative review of the draft. Such corrections, additions, and deletions as are necessary shall be made to the draft to Cc: lily with the requirements set forth in '-the Director's review of the draft. Thereafter, the revised draft shall be submitted to the r..ecutive Director for final qualitative revie, which review shall be reflected in writing and delivered to contractor as soon as ?practicable. After receipt of Agency's ac- ceptance of the draft, s ro is , contractor shall proceed to prepare the environmental i:._ ct report for submission, as hereinafter set forth. .SECTION 5 - 77-'7?L I' PACT FJ=ieORT: After the staff review described in Section 4. is completed, contractor shall prepare the final environmental impact report (Report) and submit the same to City and Agency, as hereinafter provided. The Report shall be in writing, appropriately bound, containing all text, maps, plats, charts, diagrams, bibliographies and addendums as are necessary so that the report, in itself, is a complete statement of all the environmental considerations arising from the Project, the evaluation of which is.called for by: (a) City of National City Environmental Impact Report -Guidelines; (b) The statutory requirements contained in the California Environmental Quality Act of.19.70; (c) The requirements set forth in the Guidelines prepared by the Cali for is Office of Planning -and Research. Contractor shall submit fifty copies of the report, each of which shall be permanently bound and contain all exhibits and at- tochments as the original report. Upon demand, contractor shall deliver adiitional copies of the reDert at contractors actual :cp r-Lion 'ti)ereot . SECTION n-CO`T.CTO? T_© ATTEND ThE MEETINGS: Contractor and appropriate representatives of the sub- contractors shall attend such staff meetings as the Executive Director shall determine necessary for the proper preparation, review, and acceptance of the re_ Additionally, contractor shall attend and participate in a maximum of three (3) public meetings and/or hearings as the same may be necessary for the proper presentation, review and acceptance of the report. Staff meetings and public hearings shall be scheduled by the Executive Director at times and places reasonably convenient to contractor; however, in the absence of. agreement Executive Director shall have the right to fix the times and places of all such meetings. SECTION 7 - AGENCY DUTY TO COOPERATE: Agercy shall make available to contractor all data relative to contractor's work hereunder which Agency has or may obtain, access-. Agency professional staff will'cooperate with contractor in pursuing the work herein called for to the extent reasonably possible. SECTION S - TI:._. 70 ; ?71:FO P'I1NCI : The work herein called for shall be accomplished, follc ling instructions to proceed, according to the following schedule. :.n- truc..ion_, to oc ,r, will :aat be issued until and unless a.2c= o_, c en 'o a. - to contra ! .l N -1tl s t ccor �.._ statistical engineering data relating to the project which is in agency's hand or being prepared by Agency's engineering contractor. (a) Draft report submitted - sixty (60) days after commencement (b) Final report submitted - seventy-five (75) days after commencement of work. (c) Contractor acknowledges that time is of the essence of this contract, since City and Agency are contactually committed to prosecute the Project as rapidly as is legally possible. Therefore, contractor acknowledges that any de- lay in pursuit of the work called for, arising through the fault of the contractor, is a viola- tion of the contract, and grounds for. termination "for cause". SECTION 9 - TERMINATION: Agency and City may, without notice and without cause, term- inate work hereunder. Upon such a termination, contractor shall render a final accounting of its work hereunder, the amount of which will be paid to contractor after audit and approval of con- tractor's bill. SECTION ION 10 - FEES: A maximum total fee not to exceed Seventeen Thousand Dollars ($17,000.00) will be paid to contractor for the services called for herein, as hereinafter set forth: (a) The contractor and each of its subcontractors shall keep detailed time records of all services rendered hereunder. Likewise, contractor and sub- contractor shall keep detailed accounting records of any material expenditures made hereunder. (b) Contractor and subcontractor <:: al ? c'.;arge for their work at their normal hourly rate for the same ser- vices rendered to other clients, and present a detailed billing therefor. (c) Upon execution herewith agency will pay to contractor an advance of Three Thousand Four Hundred Dollars ($3,400.00) against the total fee due contractor. (d) Agency will pay contractor's progress payments upon the receipt of monthly Progress Reports, outlining in detail the work performed by contractor during the billing period in question, such progress pay- ments will not exceed the following cumulative amounts: (1) Not more than Ten Thousand Dollars ($10,000.00) will be _,;:id up to and through contractor's and Agency's acceptance thereof, of the _el im nar" Drain"; (2) Not more than Fifteen Thousand Dollars ($15,000.00) will be paid up to and through submission and acceptance thereof by Agency, of the "Draft Report"; (3) The total fee, not to exceed Seventeen Thousand Dollars ($17,000.00) as hereinabove provided, upon completion of the work called for herein, t e submission and Agency's acceptance of, the "Final Report". SECTION 11 - OtNERSHIP OF- WORK PRODUCT: All the work product created by contractor and its sub- the t +he, work herein called for shall contrac',.orS in p�.rsL�... of __ _ �•o��_ be- long to City and Agency. Upon demand, contractor and its sub- contractors shall deliver to City and Agency said work product in whatever form it exists, including, but not limited to, maps, charts,.diagrams, photographs, notes, memoranda and reports. Agency and City will reimburse contractor for any actual costs incurred by contractor in delivering said work product. SECTION 12 - Contractor and each of its subcontractors shall indemnify Agency and City and hold the same harmless, from any claim or loss arising out of performance of the contract. Contractor shall d-livor to tli;tnCy and City ce t'___cat s of insurance evidencini'. • the existence of insurance in favor .f contractor as follows: (a) Public liability ar )ropers damage - $300,000 combined single limits; (h) o•r en's C =osatics - COV r e for all em loyees. T o certificate o£ ice anco herein called for shall na ie City and scene as additional insureds and require ten (10) days written notice of cancellation to City and enc . SECTION 13 - NOTICES: Any notices called for hereunder shall be delivered -as follows: (a) City: \ City of National City y c/o City eager . 1243 National Avenue National City, California (b) Agency: RodPvelonment A7ancy of the City of National City c/o Executive Director 1213 National Avenue . . National City, California .(c) Owen nar and Associates 222 W. Foothill Boulevard Claremont, California 91711 The enviroum shall ntal £react renort a .: contain (in addition to the dat and info nLion ac m« e±fore required >7 this «(Iam e- meat) cat call limited e,, the dot_ desr y in the a letter dated December 18, 1973 fromPedevelo `i ..':nt Agency of the Ci cf National City tOwen -d Associates, duplicates of Which were executed as ' . _r or ndn. of understanding rega rd. the scope of services. SECTION 3-5 *---,. OF CC';'"''PACT: This contract shall is interpreted and enforced according to the provisions of the laws of the State of California. IN WITNESS WiJEREOF, the parties hereto have executed this agreement this 10th day of January County, California. 1974, at San Diego CIFTES CITti OF `:r'1TIO'TAr. CITY By: REDEIJ LODy ENT AGENCY cE T �? -�=� CITY • On NATIONAL CITY