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HomeMy WebLinkAbout1986-06-24; City Council; Resolution 8630* 1 2 7 U 4 5 6 7 e 9 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO- 8630 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REIHBURSEMENT AGREEHENT BETWEEN THE CITY OF CARLSBAD AND KOLL COHPANY P-OR~COLLEGE BOULEVARD ASSESSHENT DISTRICT WHEREAS, assessment district expenditure list has been received by the City of Carlsbad for College Boulevard; and WHEREAS, the firm of Koll Company, Inc. has expended monies in the amount of $398,581.63 for the design and set up of the College Boulevard Assessment District; and WHEREAS, funds in the amount of $9,332,456.29 are available in the Account No. 300-820-1840-3188 to cover the reimbursement costs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That a reimbursement agreement between the City of Carlsbad and Koll Company, Inc. for the design and formation of the assessment district for College Boulevard, a copy of which is hereto marked Exhibit "C" and made a part hereof, is hereby accepted. 3. 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. 4. The Koll Company costs of $ 398,581.63 for the design and formation of the College Boulevard Assessment District is hereby accepted. /// /// /// 1 2 7 4 F c r i E 5 1c 11 12 12 14 15 1E 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 24th day of June 1986 by the following vote, to wit: c I AYES: NOES: None Council Members Casler, Lewis, Kulchin, Chick and Pettine ABSENT: None ATTEST: LLkf7L Rk& ALETHA L. RAUTENKRANZ, City Cdrk (SEAL) AGREEMENT FOR COLLEGE BOULEVARD ASSESSMENT DISTRICT THIS AGREEMENT, made and entered into as of the , 19 J6 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as +- 27G day of "City," and Koll Construc.tion Company, hereinafter referred to as "Construction Company." RECITALS City requires the services of consultants employed by ~oll Company to provide the necessary architectural/engineering services for preparation of final plans and specifications for College Boulevard Assessment District; and Consultants employed by Koll Company possess 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 The Koll Company agree as follows: 1. KOLL COMPANY'S OBLIGATIONS a. Provide the City with complete plans and specifications for College Boulevard Assessment District. -2- b. Provide the City with all the necessary agreements, permits, and easements required to construct College Boulevard from El Camino Real to Palomar Airport Road. 2. CITY OBLIGATION,S Through the sale of bonds for College Boulevard Assessment District, the City shall: a. Reimburse the Koll Company for the cost of the design engineering. 3. PROGRESS AND COMPLETION The design work under this Contract has been completed. Extensions of time may be granted if requested by the Consultants 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 REIMBURSED,TO CONSULTANT The reimbursement payable to Koll Company according to Paragraph 5, "Payment of Fees", shall be: 1. Rick Engineering(Design) $180,363.51 2. San Diego Soils Engineering 2 8,16 3.06 3. Van Dyke & Associates 74,441.06 4. City of Carlsbad (Advance Deposit) 96,614.00 5. Utilities Specialist 1 3,000.~ 6. Costa Real Water District 6,000.80 TOTAL $398,581.63 -3- 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. 6. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the final designs, the Koll Company shall deliver to the City the following items: A. Copy of the agreements with all of the Consultants covered in Paragraph 4. €3. All final engineering and right-of-way certifications, utility agreements and documents. The plans shall be signed by a Registered Civil Engineer and/or Registered Landscaped Architect, as appropriate. 7. DESIGN ST.ANDARDS The Consultants employed by Koll Company shall prepare the plans and specifications in accordance with the design standards of the City of Carlsbad and recognized current design pratices. 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. -4- 80 .COVENANTS AGAINST CONTINGENT FEES The Consultants employed by Koll Company warrant that their firms have 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. 9. 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 principal receiving the letter shall reply to the letter along with a recommended -5- 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 remedies available to them at law. 10. RESPONSIBILITY OF THE CONSULTANT The Consultants hired by Koll Company shall provide professional services of designing and drawings for College Boulevard Assessment District from El Camino Real to Palomar Airport Road. Any payments made to Koll Company are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Registered' Civil Engineer's number, (or Landscape Architect's registration number). 11. 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. -6- 12. 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, aerial photos, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 13. 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 of Koll Company 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. -7- 14. AS,SIGNMENT OF CONTRACT The Koll Company shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 1 5 . SUBCONTRACTING If the Consultant employed by the Koll Company 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 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. 16. 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 -8- 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 executiv.e, 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. 17. 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 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. 18. 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, and assigns. 19. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. -9- 20. CONFLICT OF, INTEREST The Koll Company shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD: Title APPROVED AS TO FORM: . ATTESTED :