HomeMy WebLinkAbout1985-10-29; City Council; Resolution 8243RESOLUTION NO. 8243
The City Council of the City of Carlsbad, California,l
does hereby resolve as follows:
1. That an agreement between the City of Carlsbad and
Geocon, Inc. for geotechnical services for Stagecoach Park
(Project No, 3191>, which is attached hereto as Exhibit "A" 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 Carlsbad,
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 29th day of October , 1985
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND GEOCON, INC.
FOR GOETECHNICAL SERVICES FOR STAGECOACH PARK,
PROJECT NO, 3191
I NOES: None
ABSENT: None
ATTEST: I MARY H. kASLER, Mayor
A A
(SEAL)
EXHIBIT A
AGREEMENT FOR GEOTECHNICAL SERVICES
DURING GRADING OF STAGECOACH PARK
THIS AGREEMENT, made and entered into as of the
day of ' 19 -' by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as
"C i ty , '' and GEOC ON, INC., hereinafter referred to as
'IC onsul tant . I'
RECITALS
City requires the services of GEOCON, INC. to provide
the necessary geotechnical engineering services for Stagecoach
Park; and
Consultant possesses the necessary skills and
qualifications to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and
the mutual covenants contained herein, City and a Consultant
agree as follows:
1. CONSULTANT 'S OBLIGATIONS
The Consultant shall:
A. Perform all geotechnical observations, testing, and
reporting services during mass grading operations.
B. Observe, investigate, and make recommendations for
remedial measures regarding geologic "problem" areas identified
in the "Geotechnical Investigation for Stagecoach Park, Carlsbad,
California'' issued by GEOCON, INC. and dated July, 1985.
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C. Provide a geologist, engineering geologist, or soils
engineering as required by field conditions.
D. Prepare "as-built" geologic map.
2. CITY OBLIGATIONS
The City shall provide payment within thirty (30) days of
approval by the City Engineer.
3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten (10)
days after receipt of notification to proceed by the City and be
comp1,eted within forty-five (45) days of that date. 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, the City Engineer will give allowance for documented
and substantiated unforeseeable and unavoidable delays not caused
by a lack of foresight on the part of the Consultant, or delays
caused by City inaction or other agencies' lack of timely
action.
4. FEES TO BE PAID TO CONSULTANT
The fee shall be payable on a time and material basis NOT
TO EXCEED $25,000. No other compensation for services will be
allowed except those items covered by supplemental agreements per
Paragraph 7, "Changes in Work".
5. PAYMENT OF FEES
Payment of fees shall be upon delivery of- approved final
documents.
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6. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of the
final designs, the Consultant shall deliver to the City the
following items:
A. Original mylars at scale of the drawings reproducible
Blank mylars will be provided by on standard 24" by 36" sheets.
the City.
B. All final engineering certifications and documents.
The plans shall be signed by a Registered Civil Engineer and/or
Registered Geologist as appropriate.
7. CHANGES IN WORK
If, in the course of this Contract and design, changes seem
merited by the Consultant or the City, and informal 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. Such changes shall be processed by the
City in the following manner: A letter outlining the required
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 proposal, a supplemental agreement shall he
prepared by the City and approved by the City Council. Such
supplemental agreement shall not render ineffective or invalidate
unaffected portions of the agreement. €hanges requiring
immediate action by the Consultant or City shall be ordered by
the City Engineer who will inform a principal of the Consultant's
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firm of the necessity of such action and follow up with a
supplemental agreement covering such work.
8. 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. Copies of such standards shall be obtained from the
City of Carlsbad.
9. . COVENANTS 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.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
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11. TERMINATION OF CONTRACT
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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 the termination of
the Contract. The Consultant, thereupon, has five (5) working
days to deliver said documents owned by the City and all work in
progress to the City Engineer. The City 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 usable and of worth to the City in having the Contract
c omp 1 et e d . Based upon that finding as reported to the City
is
Council, the Council shall determine the final payment of the
Contract. Final payment shall be in compliance with the Code of
Federal Regulations.
12. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following 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 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
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principal receiving the letter shall reply to the letter along
with a recommended method of resolution within ten (10) 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 the 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 parties seeking
reqedies available to them at law.
13. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services of
Geotechnical Engineering for Stagecoach Park Grading and any
payments made to Consultant are compensation solely for such
services. Consultant shall certify as to the correctness of all
"As Builts" and sign all plans, specifications, and estimates
furnished with Registered Civil Engineer's/Registered Geologist's
number.
14. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon
tendering thirty (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 del-iver said product
to City. In the event of termination, the Consultant shall be
paid for work performed to the termination date; however, the
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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 Regulations.
15. STATUS OF THE CONSIJLTANT
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
City as to the result to be accomplished and the personnel
assigned to the project, but shall consult with the City as
only
provided for in the request for proposal.
16. CONFORMITY TO LEGAL REQUIREMENTS
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.
The City will provide copies of the approved plans to any
other agencies.
17. OWNERSHIP OF DOCUMENTS
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
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forthwith to the City. Consultant shall have the right to make
one (1) copy of the plans for his/her records.
18. 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 €or personal injuries or death caused by, or resulting from,
or claimed to have been caused by, or resulting from, any act or
omission of Consultant or Consultant's agents, employees, or
representatives. 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 liabilities,
including liabilities or claims by reason of alleged defects in
any plans and specifications, unless the liability or claim is
due, or arises out of, solely to the City's negligence.
19. 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.
2 0. 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
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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 Consultant shall bind every subcontractor and
every subcontractor of a subcontractor by the terms of this
Contract applicable to Consultant's work unless specifically
noted to the contrary in the subcontract in question approved in
writing by the City.
21 ., 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
take part in negotiating, making, accepting, or approving of any
architectural, engineering inspection, construction or material
supply Contractor, or any subcontractor 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 ind2rectly interested
personally in this Contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer,
agent, or employee of the City, either before, during, or after
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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.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "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,
an4 assigns.
24. EFFECTIVE DATE
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This agreement shall be effective on and from the day and
year first above written.
25. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement
with the City Clerk of the City of Carlsbad. The Consultant
shall report investments or interests in real property.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
GEOCON, INC .
By MARY H.,FASLER, Mayor
Title
ATTESTED:
/ C'ity Clerk