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HomeMy WebLinkAbout1979-08-07; City Council; 4098-3; Bristol Cove Assessment District No. 79-1CITY OF CARLSBAD AGENDA BILL NO. DATE: DEPARTMENT: 4098 - Supplement No. 3 August 7, 1979 Engineering Initial : Doni" Ho^rl «o C. Atty \J C. Mgr. e FA f,J SUBJECT: ASSESSMENT DISTRICT NO. 79-1 (BRISTOL COVE) CONSULTANT CONTRACT STATEMENT OF THE MATTER On July 17, 1979 the City Council heard public testimony on the formation of the Bristol Cove Assessment District. At the close of that hearing, the Council adopted Resolution No. 5850 which authorized the preparation of plans, specifications and engineer's estimate for the project. The Engineer of Work is the firm of Bement-Dainwood-Sturgeon, which was selected in March, 1977 after receiving proposals from five firms. The Council approved a staff recommendation to utilize this firm for preliminary engineering work at their March 15, 1979 meeting. The preliminary work has been completed and the Engineer- ing Department has now negotiated a scope of work and fee for the • preparation of detailed plans and specifications by Bement'-Dainwood- Sturgeon. The debt limit report set the cost of the assessment district at approximately $278,000 including engineering estimated at $34,885 These costs will be borne by the assessments. EXHIBIT Resolution No.<!3"^>&/ approving the Consultant Agreement with Bement-Dainwood-Sturgeon and directing the Ma^or to execute same. RECOMMENDATION If the Council concurs, adopt Resolution No. \^^(ff/ . Council Action: 8-7-79 Council adopted Resolution 5861, approving the Consultant Agreement with Bement-Dainwood-Sturgeon for engineering services necessary to provide detailed plans, specs and engineer's estimate for proposed Bristol Cove Assessment District. 1 2 3 4 6 7 8 9 10 12 13 15 16 17 18 19 20 21 22 24 25 26 27 28 RESOLUTION NQ. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BEMENT-DAINWOOD-STURGEON FOR ENGINEERING SERVICES NECESSARY TO PROVIDE DETAILED PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR THE PROPOSED BRISTOL COVE ASSESSMENT DISTRICT The City Council of the City of Carlsbad does hereby resolve, as follows: 1. That that certain agreement between the City of Carlsbad and Bement-Dainwood-Sturgeon for engineering services necessary to provide detailed plans, specifications and engineer's estimate for the proposed Bristol Cove Assessment District (No. 79-1), a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by reference, 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 City Council of the City of Carlsbad, California, held the 7th day of August , 1979, by the following vote to wit AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L (SEAL) TrlTil^^ AGREEMENT FOR BRISTOL COVE ASSESSMENT DISTRICT THIS AGREEMENT, made and entered into as of the gth day of August , 19 79, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and Bement-Dainwood-Sturgeon» a California corporation, hereinafter referred to as "Consultant". .WITNESSETH; WHEREAS, the City requires the services of an engineering consult- ing firm to provide the necessary engineering services for Bristol Cove Assessment District ; and WHEREAS, Consultant possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, the parties hereunto agree as follows: ARTICLE I: Scope of Consultant Services Consultant shall (1) Prepare Engineer's Report as specified in Section 10204 b'f the California Streets and Highways Code, consisting of preliminary surveying, preparation of plans, specifications, estimates, assessment diagram and assessment roll; (2) Prepare all contract documents and assist in procurement of construction bids; (3) Furnish bond counsellor plats and information necessary for sale of bonds; (4) Prepare right-of-way plat and legal description for all permanent and working easements required for the project; (5) Attend all hearings or meetings pertinent to the construction or assessments; (6) Provide construction surveying; (7) Provide supervisory inspection; and, (8) Prepare as-built drawing. ARTICLE II: Scope of City Staff Responsibilities City will (1) Provide all utility information and coordination; (2) Record map and improvement plans as necessary; (3) Right-of-way acquisition; and , (4) Detailed construction inspection. ARTICLE III: Progress and Completion Consultant shall (1) Furnish right-of-way plats and description to City within 21 days from execution of this Agreement; (2) Furnish complete rep.ort (Items 1, 2, and 3, Article I) to City within 90 days from execution of this Agreement; (3) Attend all meetings with Staff, Council or property owners on call; and, (4) Provide construction staking as required by Contractor. ARTICLE IV: Compensation Consultant will perform services, as itemized, on a time and material basis, in accordance with the attached Fee Schedule dated January 1, 1979. ARTICLE V: Guaranteed Maximum Fee Consultant's fees shall not exceed the maximum amount of $34,885.00. This shall include the cost of setting control- and aerial photography of the con- struction zone which is now in progress. ARTICLE VI: Payment of Fees City shall make monthly payments to Consultant upon receipt of official invoice except as follows: (1) No more than 80% of the maximum amount shall be paid to Consultant prior to confirmation of the report; and (2) No more than 95% of the maximum amount shall be paid to Consultant prior to acceptance of the work and submittal of as-built drawings. ARTICLE VII: Personnel Project Manager: John F. Dainwood Field Supervisor: Kent S. Sturgeon Surveyor: "Larry Pierce ARTICLE VIII: Responsibility of the Consultant The Consultant is hired to render a professional service only, and any payments made to Consultant are compensation solely for such services as Con- sultant may render and recommendations Consultant may make in the course of the project. The Consultant makes no warranty, either expressed or implied, as to Consultant's findings, recommendations, or professional advice other than they were promulgated after following a practice usual to the consultant profession. ARTICLE IX: 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 suspen- sion 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 termination date; however, the total shall not exceed the guaranteed total maximum. City shall make the final determination as to the por- tions of the tasks completed and the compensation to be made. ARTICLE X: 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 per- sonnel assigned-to the project. ARTICLE XI: Conformity to Legal Requirements The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State and local. Con- sultant shall provide the necessary copies of such project drawings and specifi- cations, together with all necessary supporting documents, to be filed with any agencies whose approval is necessary. ARTICLE XII: 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 de- livered forthwith to the City. ARTICLE XIII: 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 to or death of them 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 rep- resentatives. Consultant further agrees to indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and claims therefor, and any cost and expense that is in- curred by the City on account of any claim therefor, including claims by reason of alleged defects in any plans and specifications. ARTICLE XIV: 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. ARTICLE XV: 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 per- sons 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 sub- contractor and every subcontractor of a subcontractor by the terms of this con- tract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. ARTICLE XVI: 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 nego- tiating, making, accepting, or approving of any architectural, engineering inspection, construction, or material supply contractor, or any subcontract 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 indirectly interested personally in this contract or any part thereof. ARTICLE XVII: 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 con- tained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. ARTICLE XVIII: Successors or Assigns Subject to the provisions of Article XIV, 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. ARTICLE XIX: Effective Date This contract shall be effective on and from the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD RONALD C. PACKARD, MAYOR ATTEST:APPROVED AS TO FORM: . ALETHA L. RAUTENKRANZ, CITY CLERK VINCENT F. BIONOOT JR". CITY