HomeMy WebLinkAbout1979-11-20; City Council; Resolution 599427
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RESOLUTION NO. 5994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WOODSIDE/KUBOTA AND ASSOCIATES, INC. FOR CONSULTING SERVICES RELATIVE TO THE INTERNAL RECOATING OF THE ELLERY RESERVOIR.
WHEREAS, it is necessary to retain special engineering skills to
review specifications, inspect the work during progress and approve completion
of work and,
WHEREAS, Carlsbad Municipal Code, Section 3.28.140 allows the City
Council to authorize the purchase of highly technical services by competitive
negotiations and,
WHEREAS, the firm of Woodside/Kubota and Associates has submitted a
proposal in writing to perform the required services and,
WHEREAS, the firm of Woodside/Kubota and Associates has previously
performed similar services for the City in a highly professional and
competent manner,
NOW, THEREFORE, the City Council of the City of Carlsbad, California
does hereby resol ve as f ol 1 ows :
1. That a certain agreement between the City of Carlsbad and
ldoodside/Kubota and Associates, Inc. for consulting services
relative to the interior recoating of the Ellery Reservoir, a
copy of which is attached hereto marked Exhibit "A" and made a
part hereof is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and
directed to execute said agreement for and on behalf of the City
of Carl s bad.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 30th day of
November , 1979 by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
NOES: None Councilwoman Casler
ABSENT: None
ATTEST:
(SEAL
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Exhibit ''A" to 0 0 Resolution 85994
AGREENERT FOR CONSULTING ENGINEERING SERVICES
BETWEEN TKE CITY OF CARLSBAD AND WOODSIDE/KUBOTA AND ASSOCIATES, INC. FOR APPROVAL OF SPECIFICATIONS,
REVIEW.OF BIOS AND INSPECTION AND ACCEPTANCE OF WORK FOR THE - IiJTERNAL RECOATING OF THE ELLERY RESERVOIR.
THIS AGREEKENT made and entered into this day of S
1979, by and between the CITY OF CARLSBAD, a municipal corporation of the
State of Cal ifornia, hereinafter referred to as "City" and WOODSIDE/KUBOTA
AND ASSOCIATES, INC., a California corporation, hereinafter referred to as
"Engineer" .
WITNESSETH:
WHEREAS, the City has determined by visual inspection the 5.0 MG
mter reservoir located at the end of Janis Way in the City and known as
"Ellery" is in need of internal refurbishment and coating; and
WHEREAS, a refurbishment project was approved for work in the
FY79-80 Budget, and;
WHEREAS, it is necessary to retain special engineering skills to
review specifications, inspect the work during progress and approve
completion of the work, and;
WHEREAS, the firm of Woodside/Kubota and Associates has submitted
a proposal in writing to perform the required services; and
WHEREAS, it is desirable that the City retain the services of
Woodside/Kubota and Associates as consulting engineers to perform the
services in the manner, at the tine and for compensation at the rates set
forth herein;
NOW, THEREFORE, the parties hereunto agree as follows:
1. Scope of Engineering Services: Engineer agrees to perform
those services specified in this Agreement and in Exhibit "A", which is
attached to and by thfs reference made a part of this Agreement.
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2. - Compensation: Compensation for the engineering services shall
be computed on the basis of the attached fee schedule as approved by the
Director of Utilities & Maintenance. Payments will be made monthly based on
billing charges by Engineer.
and acceptance of the project.
Final payment will be made after final completion
3. Scope of City Staff Assistance: The City will make
available to the Engineer its pertinent recordsg data and reports.
4. Responsibility of the Engineer: The Engineer is employed
herein to render a professional service only and any payments made to him
are compensation solely for such services as he may render and recommendations
he may make in the course of the project. The Engineer makes no warranty,
either expressed or implied, as to his findings, recommendations, or
professional advice, other than they were promulgated after following
a practice usual to the engineering profession.
I 5. Suspension of Services or Termination of Agreement: The City,
for any reasons may by written notice postpone or suspend all or any part of
the engineering services aut.horized under this Agreement, or by written
notice may terminate the entire Agreement.
or termination, Engineer shall have the right to expend additional time to
In the event of such suspension
assemble the work in progress for the purpose of properly closing the job.
Such additional time shall not exceed tem percent of the total time expended
on the portion of the project affected by such notice of suspension or
termination before the receipt thereof.
6. Status of Engineer: The Engineer will perform the services
provided for herein in its own way as an independent contractor and in the
pursuit of its independent calling, and not as an employee of the City; and
it shall be urrder the control of the City only as to the result to be
acccmpl i shed .
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7. Conformity to Legal Requirements: The Engineer shall cause all
recommendations to conform to all applicable requirements of law:
State and Local, to a71 requirements of all bodies formed under Federal,
State or Local law whose approval must be obtained.
Federal,
8. Ownership of Documents: Any plans, studies, sketches,
drawings or specifications supplied, as herein required, are the property of
the City.
specifications and drawings shall be delivered forthwith to the City.
In the event this contract is terminated, any documents, plans,
9. Hold Harmless Agreement: The City, its agents, officers,
and employees shall not be liable for any claims, liabilities, penalties,
fines or for any damage to goods, properties or effects of any person
whatever, or for personal injuries to or death of them, or any of them,
caused by or resulting from or claimed to have been caused by or resulting
from any act or omission of Engineer, or its agents, employees or
representatives.
harmless the City and its authorized agents, officers and employees against
any of the foregoing liabilities and claims therefor, and any cost and
expense that is incurred by the City on account of any claim therefor.
Engineer further agrees to indemnify and save free and
10. Assignment of Contract: The Engineer 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.
11. Subcontracting: If the Engineer shall subcontract any of the
work to be performed under this contract by Engineer, the Engineer 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 Engineer and the City. The Engineer shall bind
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every subcontractor and every subcontractor of a subcontractor by the 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.
12. 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, accepting 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 City to exercise any
executive, supervisory or other similar ‘functions in connection with the
performance of this contract shall become directly or indirect7y interested
personally in this contract or any part thereof.
13. 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 contractg shall affect or modify
any of the terms or obligations herein contained, nor such verbal agreement
or conversation entitle the Engineer to any additional payment whatsoever
under the terms of this contract.
14. Successors or Assigns: Subject to the provisions of
Paragraph No. 11 above, all terms, conditions and provisions hereof shall
inure to and shall bind each of the parties hereto, and each of their
respective heirs, executors, administrators, su%cessors and assigns.
15. Application of ASCE Manual No. 45: Applicable provisions
of American Society of Civil Engineers Manuals and Reports on Engineering
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ractice No. 45 shall apply to all matters not otherw
,greement.
se covered by this
16. Effective Date: This contract shall be effective on and
'rom the day and year first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
rTTEST CITY OF CARLSBAD
\PPROVED AS TO FORM WOODSIDE/KUBOTA & ASSOCIATES, INC.
BY
BY
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BUDGET ESTIMATE FOR ELLERY RESERVOIR PROJECT
CITY OF CARLSBAD
TASKS
1. Review of Specifications
2. Bidding and Award of Contract
3. Inspection Services at Job Site
4. Final Inspection & Acceptance of Project
Contingencies
ESTIMATED TOTAL COST
ESTIMATED TIME AND RATE
4.00 Hrs 8 $60.00 3.00 Hrs.8 $40.00
6.00 Hrs 8 $28.00
2.00 Hrs 8 $16.00
1.00 Hrs 8 $60.00
4.00 Hrs 8 $40.00
6.00 Hrs 8 $28.00
2.00 Hrs 8 $16.00
10.00 Hrs 8 $60.00 190.00 Hrs'@ $27.00
5.00 Hrs @ $60.00 5.00 Hrs 8 $27.00
Sub-Total
COST
$240.00 120.00 168.00
32.00
60.00 160.00 168.00 32.00
600.00
5,130.00
300.00 435.00
$7,145 .OO
855.00
$8,000.00
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SCHEDULE OF HOURLY FEES
FOR
ENGINEERING SERVICES
ARY 1, THROUGH DECEMBER 31, 1980
Professional Consul tations (Principal)
Senior Project Engineer
Project Engineer
Project Manager
Registered Engineer
Design Engineer
Licensed Surveyor
Resident Engineer
Assistant Engineer
Field Inspector
Drafting and Calcul
Non-Technical
ti ons
Mileage Rate - $0.20 per mile
Reproductions and outside specialists - cost plus 10%
$60.00
$55.00
$48.00
$48.00
$40.00
$34.00
$34.00
434.00
$28.00
$27 .OO
$25.00
$16.00
Exhibit "A" page 3 8
SCHEDULE OF HOURLY FEES
JANUARY 1, THROUGH DECEMBER 31,1979
FOR
E NG I N E ER I NG S E RV I C E S
Professional Consul tations (Principal ) $55.00
Senior Project Engineer $50.00 Project Engineer t $44.00
Project Manager
Registered Engineer
Design Engineer
Licensed Surveyor
Resident Engineer .
Assistant Engineer
Field Inspector
Drafting and Calculations
Non-Technical
..
Mileage Rate - $0.18 per mile
Reproductions and outside speci>list - cost plus 1
$44.00
$38.00
$33.00
$33.00
$33.00
$27.00
$26.00
$22.00
$16.00
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