HomeMy WebLinkAbout1985-10-29; City Council; 8386; GEOTECHNICAL SERVICES DURING GRADING OF STAGECOACH PARK (CIP #3191)r CI~OF CARLSBAD - AGEN~BILL c:
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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,
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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.
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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:
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AYES : Council Members Casler, Lewis, KulchiL1, Chick and Pet
NOES: None
ABSENT : None % Jd-
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~ ATTEST: MARY H. ,,kASLER, Mayor 1
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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 . ''
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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 (
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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.
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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