HomeMy WebLinkAbout1998-02-03; City Council; Resolution 98-24c
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RESOLUTION NO. 98-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH ODAY CONSULTANTS, INC. FOR DESIGN
SERVICES FOR PHASE I AND II FOR FARADAY AVENUE, PROJECT NO. 3593.
WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds for
Faraday Avenue through the Capital Improvement Program; and
WHEREAS, Statements of Qualifications have been solicited to prepare preliminary
design plans, environmental documents and environmental permitting from qualified engineering
firms; and
WHEREAS, O’Day Consultants, Inc. was selected as the most qualified to prepare the
preliminary plans, environmental documents and environmental processing for a fee of $188,055
and that sufficient funds are currently available in the project account; and
WHEREAS, the level of activity contained in the scope of the consultant agreement
regarding CEQA is defined as Class 6, Information Collection, and is categorically exempt from
CEQA; and
WHEREAS, a mutually satisfactory fee for the services has been negotiated; and
WHEREAS, the consultant agreement with O’Day Consultants, Inc., has been prepared
and submitted hereto.
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 consultant agreement with O’Day Consultants, Inc. for preparation of
preliminary plans, environmental documents and environmental processing for Project No. 3593
as described in the attached agreement is hereby approved and the Mayor and City Clerk are
hereby authorized and directed to execute said agreement.
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Works Department, Engineering Division, Transportation Section, Design and Planning Group.
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3. Following Mayor’s signature of the agreement, the City Clerk is further authorized
and directed to forward copies of said agreement to O’Day consultants, Inc. and the Public
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 5
held on the 3rd day of February , 1998 by the following vote, to wit:
6 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
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ATTEST:
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14 ALETHA-L. RAUTENKmNZ, City Clerk A - ’I (SEAL)
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City requires the services of a Contractor to provide the necessary design
services for preparation of preliminary design plans and environmental reports,
attached hereto as Exhibit "A" and incorporated herein.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt o f
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year
rev. 10/22/97
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Phase II - Environmental Review
conditions of the contract is warranted, the Contractor 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 by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
rev. 10/22/97
9. COVENANTS AGAINST CONTINGENT FEES
Engineer. The Public Works Director/City Engineer shalt make a determination of fact
based upon the documents delivered to City of the percentage of work which the
Contractor has performed which is usable and of worth to the City in having the contract
rev. 10/22/97
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 Contractor
or the Public Works Director/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 Public Works DirectorGity Engineer or
principal receiving the letter shall reply to the letter along with a recommended method
of resolution within ten (IO) 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
rev. 10/22/97
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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.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections.12650 et sea., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include fake claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is the City of Carlsbad to disqualify the Contractor
from the selection
rev. 10/22/97
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The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
7 and 3.32.028 pertaining to false claims are incorporated herein by reference.
withholdings on behalf of the Contractor or hidher employees or subcontractors. The
City shall not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of the Contractor or hidher employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
rev. 10122/97
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The Contractor 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,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
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18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein caused by any willful misconduct, or negligent act, or omission of
the contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
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 this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly 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 the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additionat 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 inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
rev. 10/22/97
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25. CONFLICT OF INTEREST
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1. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
I. The City shall be named as an additional insured on all policies
rev. 10/22/97
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3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shali be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
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Patrick N. O'Dav/f?resident ATTEST
Patrick N. O'Dav/Secretarv (print name/title) City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY vputy City Attorney
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' CALIFORNIA ACKNOWLEDGMENT e No. 5907
On January 19. 1998 before me, Cathlprm E. Bnuirre. Notary P\r"blic Y
DATE NAME, TITLE OF OFFICER - E.G., "JANE OOE. NOTARY PUBLIC
personally appeared Patrick N. O'Dav Y
bd personally known to me
NAME(S) OF SIGNER(S)
to be the person(s) >whose name(%) is/-
subscribed to the within instrument and ac-
knowledged to me that he,4hm%q executed
the same in his authorized
capacity(ies), and that by his/-
signature@) on the instrument the person@$,
or the entity upon behalf of which the
person(@ acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
PARTNER(S) 0 LIMITED
c] AlTORNEY-IN-FACT NUMBER OF PAGES 17 TRUSTEE(S)
GUARDIAWCONSERVATOR
OTHER: undated
0 GENERAL 29 pages
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAM OF PERSON@) OR ENTKY(IES) I/A O'Dav Consultants. Inc. SIGNER(S) OTHER THAN NAMED ABOVE
@I 993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave., P.O. Box 7184 Canoga Park, CA 913047184
PHASE I
Task 1.
Task 11.
Task 111.
FARADAY AVENUE * PROJECT 3593
SCOPE OF WORK
A.
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rev. 10/22/97
A detailed project description and Notice of Preparation (NOP) will be
prepared and submitted for review by City staff, to insure that Consultant
understands all aspects of the project before beginning detailed analyses.
The project description narrative and maps will include the project
location, potential interactions with nearby projects, related actions
associated with the roadway extension, the relationship of the project to
local and region plans, and a list of the agencies required to act on the
project proposal and the sequence of approvals. The project description
will also include the project objectives and a statement of benefits that
may accrue and what needs are met by the project. The project objectives and statement of justification, and final project description will be prepared after consultation with City staff. Based on the findings of
the Initial Study, the City will determine whether an MND or EIR will be
prepared as environmental documentation for the project. The final project description, Initial Study and NOP will be submitted to the City for
distribution to other public agencies and interested parties.
To identify 'cumulative impacts, related projects must be defined early in
the EIR process. Consultant will work with the City to prepare a draft list
of related projects for review. Consultant will also identify assumptions
regarding regional growth forecasts and General Plan buildout,
absorption rates, and other factors important in estimating cumulative
impact for use in analysis of biology, traffic and other impacts.
Deliverable: Initial Study (EfA - Part I) project description and Notice of
Preparation and related reports in draft form to be distributed as detailed
in Table 1, five originals of reports and one unbsund copy with exhibits,
one unbound original set of EIA - Part I, project description and Notice of
Preparation.
Task IV. Consultant will perform a geotechnical reconnaissance to include:
A. A review of pertinent reference documents regarding the geotechnical
conditions at the site.
B. A geotechnical reconnaissance visit and report of the site.
Deliverable: Reports in draft form to be distributed as detailed in Table 1, 5 original copies of the final report and one unbound copy with exhibits.
Deliverable: Blueprints for plancheck as required -in Table I, 40-scale mylar,
diskette AutoCAD Ver. 14 (or current version)
All deliverabies include reductions as necessary for subcontractors and agency review.
PHASE II
Task I. Consultant will conduct a geotechnical investigation to include:
A. Evaluation of the subsurface conditions below the proposed roadway by
excavation of up to 10 exploratory borings (2 of the borings may need to
be large diameter borings to evaluate. the presence of slope instability) and 10 trenches for the southern alternative alignment; or 7 large
diameter borings, 6 small borings and 10 trenches for the northerly
alternative alignment.
B. Geologic logging of the borings and trenches with six hours of dozer time
for the southerly alternative alignment or 20 hours of dozer time for the
northerly alternative alignment.
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C. Obtaining representative soils samples during drilling to perform geotechnical and environmental laboratory testing and analysis, as
appropriate.
D. Geotechnical analysis of data obtained.
Deliverable: Reports in draft form to be distributed as detailed in Table 1,
5 original copies of the final report and one unbound copy with exhibits.
71 rev. 10/22/97
22 rev. 7 0/22/97
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2. Impacts to air quality will be described in terms of: construction
related emissions; relation to existing state and federal standards,
and region air quality attainment plans; and, the potential for hot
spot occurrence from project implementation. Consultant will
utilize air quality modeling spreadsheets developed by CBA which
implement the methods of the SCAQMD CEQA handbook, to
estimate vehicular emissions. Vehicle trip emissions will be projected. The spreadsheets will be used to estimate emissions
after implementation of mitigation measures to address significant air quality impacts by selecting appropriate mobile source
mitigation measures.
rev. 7 0/22/97
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Organizations, persons and documents consulted, and involved in the
preparation of the EIR will be identified.
Appendices. will include a copy of the NOP, .Responses to Comment on
the Draft EIR and Comment Letters, and the associated EIR technical
reports.
rev. 1 Of22197 25
26 rev. 7 0/22/97 26 rev. 7 0/22/97
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