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HomeMy WebLinkAbout1985-10-29; City Council; 8386; GEOTECHNICAL SERVICES DURING GRADING OF STAGECOACH PARK (CIP #3191)r CI~OF CARLSBAD - AGEN~BILL c: t AB# g38b CITY All GRADING OF STAGECOACH PARK GEOTECHNICAL SERVICES DURING DEPT. HC TITLE: MTG. 10129 185 DEPT.ENG (CIP #3191) CITY MG' RECOMMENDED ACTION: Adopt Resolution No. 343 authorizing the Mayor to execui a Consultant Agreement Geotechnical Services with Geocol + Inc. during the grading of Stagecoach Park, B w 0 > E a. Q a 2 0 I- o .. - a G J z 3 0 o ITEM EXPLANATION Geocon, Inc. prepared the Soils Report upon which the Si Development Plan for Stagecoach Park was based. The present recommended Consultant Agreement covers the geotechnic inspection and testing during the grading phase of the si development work on this project. FISCAL IMPACT Sufficient funds have been appropriated as part of the 1985- CIP, and are available in Stagecoach Park project account (C #3191). The geotechnical services will be done for a fee estimated to $24,300.00. These services will be provided by Geocon, Inc. on time and materials basis NOT TO EXCEED $25,000.00. EXHIBITS 1. Resolution No. P2 q-3 authorizing the Mayor to execute Consultant Agreement for Geotechnical Services with Geocc Inc. during the grading of Stagecoach Park. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 @ 0 RESOLUTION NO. 8243 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 The City Council of the City of Carlsbad, Calif( does hereby resolve as follows: 1. That an agreement between the City of Carlsb; Geocon, Inc. for geotechnical services for Stagecoach (Project No. 3191), which is attached hereto as Exhibit hereby approved. 2. That the Mayor of the City of Carlsbad is authorized and directed to execute said agreement for behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 29th day of October 17 11 by the following vote, to wit: 18 1 19 1 20 I! AYES : Council Members Casler, Lewis, KulchiL1, Chick and Pet NOES: None ABSENT : None % Jd- c7 L&,&k.t../ I I 21 23 22 ~ ATTEST: MARY H. ,,kASLER, Mayor 1 1 (SEAL> 24 I1 1 25 11 26 27 1 I I 28 ' 1 i, @ e - L 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 "City," and GEOCON, INC., hereinafter referred to as "Consultant . '' ' " 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. CONSmTANT '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 l'probleml' areas identified in the "Geotechnical Investigation for Stagecoach Park, Carlsbad, California'' issued 'by GEOCON, INC. and dated July, 1985. A e 0 -2- 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 compl.eted withtn 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 Engi,neer. 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 he 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. 0 0 , -3 6. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of t' final designs, the Consultant shall deliver to the City t' following items: A. Original mylars at scale of the drawings reproducib on standard 24'1 by 36" sheets. Blank mylars will be provid.ed the City. €3. All final engineering certifications and document The plans shall be signed by a Registered Civil Engineer and/ Registered Geologist as appropriate. 7. CHA:NGES IN WORK If, in the course of this Contract and design, changes se merited by the Consultant or the City, and informal consultatio with the other party indicate that A change in the conditions the Contract is warranted, the Consultant or the City may reque a change in Contract. Such changes shall be processed by t City in the following manner: A letter outlining the requir changes shall be forwarded to the City or Consultant to info them of the proposed changes along with a statement of estimat changes in charges or time schedule. After reaching mutu agreement on the proposal, a supplemental agreement shall prepared by the City and approved by the City Council. Su supplemental agreement shall not render ineffective or invalida unaffected portions of the agreement. Changes requiri immediate action by the Consultant or City shall be ordered the City Engineer who will inform a principal of the Consultant 0 0 3 -4 firm of the necessity of such action and follow up with supplemental agreement covering such work. a. DESIGN STANDARDS The Consultant shall prepare the plans and specificatio in accordance with the design standards of the City of Carlsb and recognized current design practices. Applicable City Carlsbad Standards and Regional Standards shall be used whe appropriate. Copies of such standards shall be obtained from t City of Carlsbad. 9. 1. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm'has not employed retained any company or person, other than a bona fide employ working for the Consultant, to solicit or secure this agreemen and that Consultant has not paid or agreed to pay any company person, other than a bona fide employee, any fee, commissio percentage, brokerage fee, gift, or any other considerati contingent upon, or resulting from, the award or making th agreement. For breach or violation of this warranty, the Ci shall have the right to annul this agreement without liabilit or, in its discretion, to deduct from the agreement price consideration, or otherwise recover, the full amount of such fe commission, percentage, brokerage fee, gift, or contingent fee. 10. NONDISCRIMINATION CUUSE The Consultant shall comply with the State and Feder Ordinances regarding nondiscrimination. 0 \, - -3 11. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecut deliver, or perform the work as provided for in this Contrac the City may terminate this Contract for nonperformance notifying the Consultant by certified mail of the termination the Contract. The Consultant, thereupon, has five (5) worki days to deliver said documents owned by the City and all work progress to the City Engineer. The City Engineer shall make determination of fact based upon the documents delivered to Ci of .,the percentage of work which the Consultant has perforu which is usable and of worth to the City in having the Contra completed. Based upon that finding as reported to the Ci Council, the Council shall determine the final payment of t Contract. Final payment shall be in compliance with the Code Federal Regulations. 12. DISPUTES If a dispute should arise regarding the performance of wc under this agreement, the following procedure shall be used resolve any question of fact or interpretation not otherwi settled by agreement between parties. Such questions, if tk become identified as a part of a dispute among persons operati under the provisions of this Contract, shall be reduced writing by the principal of the Consultant or the City Engine€ A copy of such documented dispute shall be forwarded to bc parties involved along with recommended methods of resolutj which would be of benefit to both parties. The City Engineer 0 0 j -6 principal receiving the letter shall reply to the letter alo with a recommended method of resolution within ten (10) days. the resolution thus obtained is unsatisfactory to the aggriev party, a letter outlining the dispute shall be forwarded to t City Council for their resolution through the Office of the Ci Manager. The City Council may then opt to consider the direct solution to the problem. In such cases, the action of the Ci Council shall be binding upon the parties involved, althou, nothing in this procedure shall prohibit the parties seeki. remedies available to them at law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services Geotechnical Engineering for Stagecoach Park Grading and a payments made to Consultant are compensation solely for su( services. Consultant shall certify as to the correctness of a: "As Builts" and sign all plans, specifications, and estimate furnished with Registered Civil Engineer's/Registered Geologist number. 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party up( tendering thirty (30) days written notice to the other party. : the event of such suspension or termination, upon request of tk City, the Consultant shall assemble the work product and put san in order €or proper filing and closing and deliver said produc to City. In the event of termination, the Consultant shall 1 paid for work performed to the termination date; however, tk 0 0 -7 total shall not exceed the guaranteed total maximum. The Cil shall make the final determination as to the portions of tas' completed and the compensation to be made. Compensation to 1 made in compliance with the Code of Federal Regulations. 15. STATUS OF THE CONSIJLT'ANT The Consultant shall perform the services provided f herein in Consultant Is own way as an independent Contractor a in pursuit of Consultant's Independent calling, and not as employee of the City. Consultant shall be under control of t' City. only as to the result to be accomplished and the personn assigned to the project, but shall consult with the City provided for in the request for proposal. 16. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specificatio to conform to all applicable requirements of law: Federa State, and local. Consultant shall provide all necessa supporting documents, to be filed with any agencies who approval is necessary. The City will provide copies of the approved plans to a other agencies. 17. OWNERSHIP OF DOCUMENTS All . plans, studies, sketches, drawings, reports, a specifications as herein required are the property of the Cit whether the work for which they are made be executed or not. the event this Contract is terminated, all documents, plan specifications, drawings, reports, and studies shall be deliver e 0 -8 forthwith to ' the City. Consultant shall have the right to ma one (1) copy of the plans for his/her records. 18. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not ' liable for any claims, liabilities, penalties, fines, or a damage to goods, properties, or effects of any person whateve nor €or personal injuries or death caused by, or resulting fro or claimed to have been caused by, or resulting from, any act omission of Consultant or Consultant's agents, employees, l rep,resentatives. Consultant agrees to defend, indemnify, a' save free and harmless the City and its authorized agent officers, and employees against any of the foregoing liabilitil or claims of any kind and any cost and expense that is incurrl by the City on account of any of the foregoing liabilitiei including liabilities or claims by reason of alleged defects any plans and specifications, unless the liability or claim due, or arises out of, solely to the City's negligence. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any pa: thereof or any monies due thereunder without the prior writtc consent of the City. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to 1 performed under this Contract by the Consultant, Consultant sha be fully responsible to the City for the acts and omissions I Consultant's subcontractor and of the persons either directly ( e 0 '. -9 indirectly employed by the subcontractor, as Consultant is fc the acts and omissions of persons directly employed 1 Consultant. Nothing contained in this Contract shall create ar contractual relationship between any subcontractor of Consultal and the City. The Consultant shall bind every subcontractor a1 every subcontractor of a subcontractor by the terms of th: Contract applicable to Consultant's work unless specifical: noted to the contrary in the subcontract in question approved : writing by the City. 21 .. PROHIBITED INTEREST No official of the City who is authorized in such capacit on behalf of the City to negotiate, make, accept, or approve, c take part in negotiating, making, accepting, or approving of ar architectural, engineering inspection, construction or materia supply Contractor, or any subcontractor in connection with th construction of the project, shall become directly or indirect1 interested personally in this Contract or in any part thereof No officer, employee, architect, attorney, engineer, or inspecto of or for the City who is authorized in such capacity and o behalf of the City to exercise any executive, supervisory, o other similar functions in connection with the performance o this Contract shall become directly or indirectly intereste 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 afte. e -1 the execution of this Contract, shall affect or modify any of t terms or obligations herein contained nor such verbal agreeme: or conversation entitle the Consultant to any additional payme whatsoever under the terms of this Contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmle Agreement", all terms, conditions, and provisions hereof sha: insure to and shall bind each of the parties hereto, and each ( their respective heirs, executors, administrators, successors and.assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day an year first above written. 25. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statemen with the City Clerk of the City of Carlsbad. The Consultan shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. GEOCON, INC CIT OF CARLS AD : - By 9 "hiA.f J@, &a. cs4 L MARY H .,/CASLER , Mayor Title ATTESTED : u .J i;; , -" C?ty Clerk I I