HomeMy WebLinkAbout1983-06-07; City Council; Resolution 71841
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RESOLUTION NO. 7184
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AGREEMENTS BETWEEN THE CITY OF CARLSBAD
AND THE FIRM OF BROWN AND NAZAREK FOR
LEGAL SERVICES FOR THE JAMES DRIVE
ASSESSMENT DISTRICT BETWEEN THE CITY OF
CARLSBAD AND THE FIRM OF BERRYMAN AND
STEPHENSON FOR ENGINEERING CONSULTING SERVICES.
The City Council of the City of Carlsbad, California,
loes hereby resolve as follows:
1. Those certain agreements between the City of Carlsbad
ind the firm of Brown and Nazarek for legal services and the firm
If Berryman and Stephenson for consulting engineering services,
:opies of which are attached hereto and incorporated herein by
qeference, is hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized
ind directed to execute such agreements for and on behalf of the
zity of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
zity Council of the City of Carlsbad held the 7th day ofJune ,
1983, by the following vote, to wit:
AYES: Council Mmbers Casler, Lewis, Kulchin, Chick and Prescott
ITTEST: E I\
(SEAL) -/
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AGREEMENT FOR PREPARATION OF PLANS AND SPECIFICATIONS .. . FOR-JAMES DRIVE ASSESSMENT DISTRICT
THIS AGREEMENT, made and entered into as of the d aY
of
municipal corporation, hereinafter referred to as ttCity,tt and BERRYMAN
AND STEPHENSON, INC., a civil engineering firm, hereinafter referred
to as "Consultant .I'
9 19 , by and between the CITY OF CARLSBAD, a
. RECITALS 9
City requires the services of an engineering consulting firm
to provide the necessary engineering services for preparation of final
plans and specifications for the James Drive Assessment District; and
Consultant possesses the necessary skills and qualificatians to
,provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and Consultant agree as
follows: *
I. CONSULTANT'S OBLIGATIONS
(A) Scope of Work
The Consultant shall prepare the plans, specifications and bid
documents and assessme.nt district documents for the construction of
the. James Drive, from Basswood to approximately 525' North of
Basswood. In addition, all existing facilities requiring removal,
redesign or restoration due to project construction shall be included
in the contract within their project limits.
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(6) -Procedure .
The consultant shall, prepare all necessary assessment
district documents for James Drive Assessment. In order to do this,
the Consultant shall work closely with the assessment attorney
designated by the City. This shall include the timely submittal of
all engineering and assessment reports required under the assessment
procedure.
The Consultant shall submit a complete civil design package
which shall consist of the following:
1. All surveys necessary to obtain precise and clear locations of
rights-of-way and proposed street construction. Rights-of-way shall
be located precisely in relationship to the control line used.
2. Utility research and provision of utilities and tentative
disposition or relocation of any interfering utilities.
3. Outline of design alternatives and cost-saving measures and
preliminary layout plan of the various alternatives.
4. Complete calculations for the street design.
5. A complete set of reproducible plans in accordance with City
requi'rements. Drawings shall be neat and legible with dimensions to
all installations. Details should provide for clear and definite
manner of installation. Type, grade, and quality of all materials
required should be clearly indicated. . I
6. Plans and Specifications shall be certified as to correctness,
and signed by a registered civil engineer and R.C.E. number provided.
7. The following items should appear on the final drawings (this
list is indicative, not exhaustive): .
A. A plan and profile of the street constyuct'ion work.
B. Existing or proposed utilities with current ownership and
disposition.
C. Pavement sections, trenching details, and pavement
restoration.
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8. Specifications shall be provided in conformance with appropriate
Standards and the 1982 edition of Standard Specifications for
Public Works Contracts.
9. . Final quantity and cost estimates.
10. All plans and specifications and submitted items shall be
developed in a form satisfactory to the City.
Attached as Appendix A is itemized breakdown of items under the
contract.
11. CITY'S OBLIGATIONS
The scope of City staff responsibilities shall be as follows:
A. Supply the preliminary design and specifica.tion for
reference only.
B. The City will make available upon request any documentary
- record or existing right-of-way data avail.able to it.
C. Blank mylars for this project shall be supplied by the
City.
.D. Provide review of consultant's submittal in accordance
with an agreed schedule.
E. Provide payment of approved invoices within 30 days of
approval by the City Engineer. I.
F. L.egal requirements for noticing for assessment will be
complied with by the City or the Assessment Lawyer.
111. PROGRESS AND COMPLETION
The work under this contract will begin within ten days after
receipt of Notificatioi to Proceed by thk City and be completed within
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the following periods of that date,
A. Preliminary Study ------- One month after Notice to Proceed.
6. Engineering Design ------ Three months after completion of preliminary study. C. Assessment Engineering -- Four months after completion of preliminary study.
'The Consultant has prepared a P.E.R.T. schedule, which is attached
hereto as Attachment B and made a part of the scheduling of this
Project. Extensions of time may be granted if requested by the
Consultant and agreed to in writing by the City Engineer. In
consideration of such requests of extension of time, the City Engineer
will give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by lack of foresight on the-part of the
Consultant, or delays caused by City inaction or other agencies' lack
of timely action.
IV. FEES TO BE PAID TO CONSULTANT
The lump sum fee payable according to Paragraph V shall be
$25,780. No other compensation for services will be allowed except
those items covered by supplemental agreements per Paragraph VII,
Changes in Elork.
V. PAYMENT OF FEES ,
.Payment for work performed shall be under the following schedule:
1. Preliminary Study -------------- $9,130.00 2. Engineering Design ------------- $11,450.00
3, Assessment Engineering --------- $5, ZOO. 00
Work may be terminated at anytime or portion thereof.
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,VI. FINAL SUBMISSIONS -. , *$
Within 10 days of the approval of the final design package, the
Consultant will deliver:
(a) Original mylars at scale of the drawings reproducible on standard 24" by 36"sheets. Quality of mylars submitted shall be subject to the approval of the City.
(b) All final engineering certificatons and documents. The plans shall be signed and certified to correctness by a registered civil engineer.
(c) Fifty copies of the plans and specifications in a form suitably bound and on white paper. A reduced set of drawings shall be bound into each set of specificatons.
VII. CHANGES IN WORK
If, in the course of this contract and design changes seem
merited to the Consultant or to the City; and inf-ormal
consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Consultant or the City
may request a change in contract.
the City in the following manner:
changes shall be forwarded to the City or 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
Such changes shall be processed by
A letter outlining the required
proposal, a supplemental agreement shall be prepared by the City and
approved by the City Council. Such supplemental agreement shall not
render ineffective or invalidate unaffected portions of 'the
agreement.
City shall be ordered by the City Engineer who will inform a principal .
of the Consultant's firm of the necessity of such action and follow
Changes requiring immediate action by the Consultant or
up with a supplemental agreement covering . such work.
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.VIII. DESIGN STANDARDS .. .< - .. , The Consultant shall prepare the plans and specifications in
accordance with the design standards of the City of Carlsbad and
recognized current design practices. Applicable City of Carlsbad
standards and regional standards shall be used where appropriate.
Copi.es of such standards shall be .obtained from the City of Carlsbad.
IX. COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide employee
working for the Consultant, to solicit or secure this agreement, and
that Consultant has not, paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration contingent upon, or
resulting from, the award or making this agreement. For breach or
violation of this warranty, the City shall have the right to annul
this agreement without liability, or, in its discretion, to deduct
. from the agreement price or consideration, or otherwise recover, the
full amount of such fee, commission, percentage, brokerage fee, gift
or contingent fee.
X. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ord'inances regarding nondiscrimination. 3
XI. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver,
or perform the work as provided for in this contract, the City may
terminate this contract for nonperformance by notifying the Consultant
by certified mail of t6e termination of the contract. The Consultant,
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thereupon, has five working days to deliver said documents owned by
the City and all work in progress to the City Engineer. The City
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Engineer shall make a determination of fact based upon the documents
delivered to City of the percentage of work which the Consultant has
performed which is acceptable in compliance with the scope of workand
of worth to the City in having the.contract completed. Based upon
that finding as reported to the City Council, the Council shall
determine the final payment of the contract.
XII. DISPUTES
If a dispute should arise regarding the performance of work under
this agreement, the fol-lowing procedure shall be used to resolve any
question of fact or interpretation not otherwise settled by agreement
between parties. Such questions, if they become identified as a part
of a dispute among persons operating under the provisions of this
contract, shall be reduced to writing by the principal of the
Consultant or.the City Engineer. A copy of such documented dispute
I shall be forwarded to both parties involved along with recommended
methods of resolution which would be of benefit to both parties. The
City Engineer or principal receiving the letter shall reply to the
letter along with a recommended method of resolution within ten days.
If the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be forwarded to the City
Council for their resolution through the office of the City Manager.
The City Council may then opt to consider a directed solution to the
problem. In such cases, the action of the'City Council shall be
binding upon the parties involved, although nothing in this procedure
shall prohibit the pariies seeking remedres available to them at law.
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XIII. RESPONSIBILITY OF THE CONSULTANT -. . .c The Consultant is hired to render professional services of
designing and providing drawings and assessment documents for street
design, any payments made to Consultant are compensation solely for
such services. Consultant shall certify as to the correctness of all
designs and sign all plans, specif.ications and estimates furnished
with Registered Civil Engineer's number, or landscape Architect's
registration number.
XIV. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tender-
ing 30 days written notice to the other party. In the event of such
suspension or termination, upon request of the City, the Consultant
shall assemble the work product and put same in order for proper
filing and closing and deliver said product to City. In the event of
termination, the Consultant shall be paid for work performed to the
ter.mination date; however, the total shall not exceed the guaranteed
.total maximum. The City shall make the final determination as to the
portions of tasks completed and the compensation to be made.
Compensation to be made in compliance with the Code of Federal
Regu 1 at ions.
XV. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in
Consultant's own way as an Independent Contractor and in pursuit of
Consultant's independent calling, and not as an employee of the City.
Consultant shall be under control of the Ci-ty only as to the result to
be accomplished and the personnel assigned to the project, but shall
consult with the City is provided for in'the request for proposal.
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,XVI. CONFORMITY TO LEGAL REQUIREMENTS .. ~ .c
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local. Consultant shall provide all necessary supporting documents,
to be filed with any agencies whose approval is necessary for the
design of this project.
The City will provide copies of the approved plans to any
other agencies.
XVII. OWNERSHIP OF DOCUMENTS
F
All plans, studies, sketches, drawings, reports and
specifications as herein required are the property of the City,
whether the work for which they are made be executed or not. In the
event this contract is terminated, all documents, plans,
specifications, drawings, reports and studies shall be delivered
forthwith to the City. Consultant shall have the right to make one
copy of the plans for his/her records.
XVIII.HOLD HARMLESS AGREEMENT
The City, its agents, officers and employees shall not be
liable for any claims, liabilities, penalties, fines, or any damage to
goods, properties, or effects of any person whatever, nor for personal
injuries or death caused by, or resulting from, or claimed to have
been caused by, or resulting from, any act or omission df Consultant
or Consultant’s agents, employees or repressntatives. Consultant
agrees to defend, indemnify and save free and harmless the City and
its authorized agents, officers, and employees against any of the
foregoing liabilities or claims of any kind and any cost and expense
that is incurred by-the City on account of any of the foregoing
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liabilities, including liabilities or claims by reason of
alleged defects in an) plans and specifications, unless the liability
or claim is due, or arises out of, solely to the City's negiigence.
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XIX. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part
thereof or any monies due thereunder without the prior written consent
' of the City.
XX. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by the Consultant, Consultant shall be
fully responsible to the City for the acts and omissions of
Consultant's Subcontractor and of the persons either directly or
indirectly employed by the Subcontractor, as Consultant is for the
acts and omissions of persons directly employed by Consultant.
Nothing contained in this contract shall create any contractual
relationship between any Subcontractor of Consultant and the City.
The Consu'ltant shall bind every Subcontractor and every Subcontractor
of a Subcontractor by the terms of this contract applicable to
Consu,ltant's work unless specifically noted to the contrary in the
subcontract in question approved in writing by the City.
XXI. PROHIBITED INTEREST
. No official of the City who is authorized in such Capacity on
behalf of the City to negotiate, make, accep.t, or approve, or take
part in negotiating, making, accepting, or approving of any
architectural, engineering inspection, construction or material supply
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,Contractor, or any Subcontractor in connection with the construction
of the project, shall become directly or indirectly interested
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personally in this contract or in any part thereof. No officer,
employee, architect, atto'rney, engineer, or inspector of or for the
City who is authorized in such capacity ,and on behaif of the City to
exercise any executive, supervisory, or other similar functions in
connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any
part thereof.
XXII. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
or employee of the City, either before, during, qr after the execution
of this contract, shall affect or modify any of the terms or
obligations herein contained nor such verbal agreement or conversation
entitle the Consultant to any additional payment .whatsoever under the
terms of this contract. L
XXIII.SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph XVIII, Hold Harmless
Agreement, all terms, conditions, and provisions hereof shall insure
to and shall bind each of the parties.hereto, and each of their
respective heirs, executors, administrators, successors and assigns.
XXI'V. EFFECTIVE DATE 8
This .agreement shall be effective on and from the day and
year first above' written.
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XXV. CONFLICT OF INTEREST ., .. . The Consultant skall file a conflict of interest statement
with the City Clerk of the City of Carlsbad.
report investments or interests in real property within the
The Consultant' shall
jurisdictional limits of the City of Carlsbad.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD
I
BY Mayor
Title
ATTEST: APPKZ~D AS TO FORM:
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ATTACHMENT A . .L .. . .
JAMES DRI.VE ASSESSMENT DISTRICT
BREAKDOWN OF ESTIMATED FEE
PRELIMINARY STUDY
Ri ght -of -Way:
Title Work - $1,400 (fixed cost)
Appraisals - $1,200 ea. X 8 = $9,600
Preliminary Design, Quantity & Cost Estimate
Survey - 20 hrs. @ $126
Boundary Map
Preliminary Assessment Spread
Project Management - 4 hrs. @ $62
Reproduction and Miscellaneous
ENGINEERING DESIGN
Design & PS&E
Project Engineer 50 hrs. @ $58 = $2,900 Senior Designer 68 hrs. @ 49 = 3,332 Draftsman 70 hrs. @ 37 = 2,590 Clerical 18 hrs. @ 16 = 288
Meetings (City)
Project Management
Reproduction and Miscellaneous (50 sets)
ASSESSMENT ENGINEERING
Assessment Diagram
Assessment Roll & Analyze Protests
Meetings
Project Management
Reproduction and Miscellaneous .
$9,130.00
$ 1,400
2,982
2,520
1,200
676
248
104
$11,450.00
.$ 9,110
480
992
868
$ 5,200.00
s
$ 590
3,360
944
248
58
SUB TOTAL (fixed fee) - $25,780.00
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SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this day of Y
1983, by and between the CITY OF CARLSBAD, CALIFORNIA, a public corporation (hereinafter referred to as ''City1'), and BROMN & NAZAREK, Attorneys at Law,
(hereinafter referred to as "Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That Counsel shall perform legal services in connection with the pro- posed assessment proceedings and bond issuance in the matter of a proposed special assessment district known and designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District") under proceed-
ings conducted pursuant to the provisions of the "Municipal Improve- - ment Act of 1913", being Division 12 of the Streets and Highways Code of the State of California.
Said services shall include:
A.
8.
C.
D.
E.
F.
G.
H.
I.
Review of the dedication and acquisition of the streets and ease- ments or other property in which proposed work is to be performed;
Examination of the plans and specifications for the proposed work,
the boundary map and assessment diagram of the Assessment Dist- rict, the assessment roll and bonds, and the giving of instructions and advice in connection with the foregoing;
Recommendations as to procedure, schedules and act ions that should be conducted and taken;
Preparation of a1 1 resolutions , not ices, contracts, bond forms, and other papers and documents required in the proceedings;
Examination of the proceedings, step by step, as taken;
Appear at all hearings under the proceedings, and attend any meet-
ing where attendance is requested;
Make recommendations as to sale of bonds, if desired;
Perform legal services, if required, pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California;
Issuance of an unqualified legal opinion attesting to the validity
of the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connection with the acquisition, by easement or condemnation, of any easements or other interest in real property necessary for the proposed improve- ments. These services can be provided by Counsel, by separate agree- ment, if desired by City.
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3.
SECTION 2. That the City shall perform as follows:
A. Furnish to Counsel such maps, records, title searches, and other documents and proceedings, or certified copies thereof, as may be reasonably required by Counsel in the performance of the services hereunder;
B. Pay to Counsel a fee computed on the confirmed assessment as follows:
TWO PERCENT (2%) on the first $500,000;
ONE PERCENT (1%) from $500,001 to $1,500,000; ONE-HALF PERCENT (50%) on the balance thereof.
C. Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and deli-
very of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned prior to conpletion, Counsel shall be paid a reasonable fee for services ren-
dered to date based on an hourly rate of $90.00 per hour, not to exceed $2,500.00; however, if the proceedings are abandoned prior to or at the time of a public hearing under the provisions of the "1931
Act", said fee shall not exceed $1,250.00.
SECTION 4. That this Agreement may be terminated by either party hereto by mail- ing written notice thereof to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written.
"CITY"
CITY OF CARLSBAD
By : MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA
ATTEST:
CITY CLERK CITY OF CARLSBAD
STATE OF CALIFORNIA
" C OU N S EL I' BROWN & NAZAREK
By :
F. PACKENZIE BROWN