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HomeMy WebLinkAbout1987-09-15; City Council; Resolution 92371 2 3 4 5 6 7 e 9 1c 11 li 1: 14 If IC 1: 1t 1: 2( 2: 2 .: 2: 24 21 2( 2' 2; RESOLUTION NO. 9237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NINYO AND MOORE GEOTECHNICAL CONSULTANTS FOR PLAN CHECKING AND INSPECTION SERVICES. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Ninyo and Moore for plan checking and inspection, a copy of which is attached (Exhibit 4) and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby behalf of the City of Carlsbad. 3. That the current funding in the Engineering Department miscellaneous consultant account be increased by the transfer of $28,000 from the City Council's contingency fund account. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 15th day of September , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES : None ABSENT: None CLAU ATTEST : ALETHA L. RAUTENhUWZ, City CPerk (SEAL) AGREEMENT FOR PLAN CHECKING AND INSPECTION SERVICES THIS AGREEMENT, made and entered into as of the day of , 1987, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as IrCitytr and Ninyo and Moore, hereinafter referred to as rlConsultant.ll RECITALS City requires the services of Ninyo and Moore to provide the plan checking and inspection consultant services for review of the Carlsbad Research Center Dam, Project Pe 2.87.12; and Consultant possesses the necessary skills and qualifica- tions 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: 1. CONSULTANT'S OBLIGATIONS A. OBJECTIVE: Provide recommendations to the City Engineer addressing the adequacy of design and construction of the project. Three review periods will be required: 1. Design review prior to approval of plans and specifications. 2. Construction inspection and review of plan 1 3. As-built plan review prior to approval of as- built plans. B. DESIGN CRITERIA 1. Structural design criteria shall be similar to the California Division of Safety of Dams. 2. Hydrological design standards shall meet or exceed the San Diego County Hydrology and Design and Procedure Manuals. C. WORK TASK 1. Reviewtheengineeringreportsandspecifications for adequacy and accuracy. Report and plans are available for inspection at the City of Carlsbad, as listed below: a. DetentionBasinStudydatedAugust21, 1986. b. Geotechnicaldamdesignandspecifications, dated August 1983. c. Geotechnical investigation CRC Dam, dated February 28, 1983. d. Response to review letter of Division of Safety of Dams dated May 13, 1985. 2. Review Project grading plan for the Dam and Detention Basin, Project Number PE 2.87.12. Plan review for conformancewiththe citygrading standards, standard notes, standard certifica- tions, etc., will be performed by others. Provide the City with a completed checklist and written certification that the plans are complete and accurate, and are in conformance 2 with acceptable engineering practices. The planchecks shall be completed and returned to the City with five (5) working days of receipt from the City. Provide construction inspection of the project, including the following items: a. Meet with Engineer-of-Work and contractor prior to commencement of construction. Ensure that contractor has received all appropriate approvals from the City, other public agencies, and affectedprivate property owners. 3. b. Provide inspection to assure improvements are being installed in accordance with approved plans. This shall include inspection of: Striping and Grubbing Foundations Prior to Fill Fill Placement and Grading Project Improvements Including Underdrains, Outlet Works and other Associated Features c. Assure that proper certifications related to grades and soil compaction and other requirements of applicable City Codes and Standards are obtained from Owner's Civil Engineer and Soils Engineer. - 3 2. CITY OBLIGATIONS Payments for work shall not exceed $28,000.00 be made as follows : . . The comments $2,000.00 upon approval of the plans by the City Engineer. Monthly payments for construction inspection based upon billable time at $58.00 per hour. $1,000.00 upon approval of As-built plans by the City Engineer. City shall coordinate plan submittals and review between the consultant and the engineer-of-work. 3. PROGRESS AND COMPLETION The work under this Agreement will begin immediately. 4. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of invoice for services from Consultant. 5. CHANGES IN WORK If, in the course of this Agreement 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 Agreement. 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 be prepared by the City and 4 approved by the City Council. shall not render ineffective or Such supplemental agreement invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Engineer who will inform a principal of the Consultant's firm of the neces- sity of such action and follow up with a supplemental agreement covering such work. 6. DESIGN STANDARDS Standards for plan checking and review shall be as stated in Item 1 above. 7. 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. 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 5 9. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Agreement, the City may terminate this Agreement for nonperformance by notifying the Consultant by certified mail of the termination of the Agreement. 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 is usable and of worth to the City in having the Agreement completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Agreement. Final payment shall be in compliance with the Code of Federal Regulations. 10. 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 identifies as a part of a dispute among persons operating under the provisions of this Agreement, 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 method of resolution 6 within ten (10) days. If the resolution this 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. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of plan checking and inspection and any payments made to Consultant are compensation solely for such services. Consu- ltant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Registered Civil Engineer's number. 12. 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, 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 Consul- tant shall be paid for work performed to the termination 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 7 be make. of Federal Regulations. Compensation to be made in compliance with the Code 13. 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 City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal, The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to this Agreement shall be the full and complete compensation to which the Consultant is entitled pursuant to this Agreement. The City shall not make any federal or state tax withholdings on behalf of the Consultant. The City shall not be required to pay any workers compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, workers compensation payment which the City may be required to make on behalf of Consultant or any employee of Consultant for work done under this Agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including but not limited to verifying the eligibility for employment of all agents, employees, sub- contractors and consultants that are included in this agreement. 8 14. 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 Agreement 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 (1) copy of the plans for his/her records. 15. 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 Consultant or Consultant I s agents, employees or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its autho- rized agents, officers and employees against any of the forego- ing 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. 16. ASSIGNMENT OP AGREEMENT The Consultant shall not assign this Agreement or any part thereof or nay monies due thereunder without the prior written consent of the City. 9 17. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Agreement by the Consultant, Consultant shall be fully responsible to the City for the acts and omis- sions 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 Agreement shall create any contractual relationship between any sub- contractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a sub- contractor by the terms of this Agreement applicable to Consul- tant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 18. 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 to exercise any executive, supervisory, or other similar functions inconnection with the performance of this Agreement shall become directly or indirectly interested personally in this Agreement or any part thereof. 10 19. 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 Agreement, 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 Agreement. 20. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement,I' 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. 21. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first above written. 22. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement The Consultant with the City Clerk of the City of Carlsbad. shall report investments or interests in real property. 11 IN WITNESS WHEREOF, we have hereunto set our hands and seals. Ninyo and Moore BY: CITY OF CARLSBAD Mayor TITLE: ATTESTED : RCNALD R. BALL VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ City Attorney City Clerk 12