HomeMy WebLinkAbout1986-01-21; City Council; 8484; Carlsbad Bl Seawall Design Consultant AgmtI
CI 3F CARLSBAD - AGENL 3lLL
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IIITG. 0 112 1/86
DEPT. H TITLE:
CITY MGR.Z 1EPT.h
CITY ATTY TB2
RECOMMENDED ACTION:
CARLSBAD BOULEVAXD SEAWALL DESIGN CONSULTANT AGREEMENT
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By motion adopt Resolution Cqo. p3'7 authorizing the Mayor to execute a Consultant Agreement. -
ITEM EXPLANATION:
The recommended Consultant Agreement covers the design of the Carlsbad Boulevard Seawall. Woodward Clyde Consultants will I
begin immediately and has sufficient staff to complete the design within 120 days.
The City Council certified the Final EIR for this project on January 7, 1986. The City needs to acquire two easements from the State Department of Parks and Recreation for this project; a
permanent/perpetual easement for the completed facility itself and a temporary "construction easement" for a slightly larger
area, required to facilitate construction of the project. The
Design Consultant needs to complete the Preliminary Engineering
Design before State Department of Parks and Recreation will consider granting the easement(s) needed by the City. State Department of Boating and Waterways has agreed to fund 75% of the Preliminary Design (cost = $95,000; State's share = $71,250)
before these easements are granted by State Department of Parks and Recreation. If negotiation for either or both of these
easements are unobtainable, attached Consultant Agreement will be terminated immediately (in accordance with Clause 14).
FISCAL IMPACT:
The '85-'86 CIP estimated total cost for this project is
$3,620,000. Seventy-five percent (75%) of the funding for this
project wili be provided by the State of California Department of Boating and Waterways. Sufficient funds have been appropriated,
as part of the 1985-86 CIP, to provide the City's twenty-five percent (25%) share ($37,500) of the design costs ($150,000) and are availab1.e in the project account number 140-e20-18-90-3185.
EXHIBITS:
1, Agreement between the City and the State Department of Boating and Waterways which provides partial funding for this
project.
2. Resolution NO. &r7 authorizing the Mayor to execute a Consultant Agreement.
WBAD BOULEVARD SRORE PROTECTION PROJECT AGREENENT
THIS AGREEb!ENT is entered into on 3u\j 1 , 1985, by and
between the CITY OF CARLSBAD (CITY) and the STATE OF
CALIFORNIA, acting by and through its DEPARTMENT OF BOATING AND
WATERWAYS (DEPARTMENT).
I. RECITALS
(a) The 40-foot high bluffs in front of Carlsbad
Boulevard at Carlsoad State Beach from Oak to Tanarock Avenue .
is being continually eroded by waves from the Pacific Ocean and
is in need of permanent protection; and
(b) Continued erosion threatens public facilities and
improvements, including Carlsbad Boulevard, located along the -
bluff top. The City is empowered by Section 5157.5 of the
Public Resources Code to participate in Projects and to take
actions necessary to protect the public facilities and
improvements and to protect the public health, safety, and
welfare caused by continued bluff erosion. This project will
prevent further bluff erosion and further threats to the public
facilities and improvements. The City is authorized to
participate in the project.
(c) DEPARTMENT is authorjzed under Section 65.2, Article
2.5, Chapter 2, Division 1 of the California Harbors and
Navigation Code, to prepare plans for and construct works for
beach erosion control and stabilization of beaches and
shoreline areas, to the extent that funds are available; and
(d) DEPARTMENT is authorized by said section to
cooperate with other governmental sgencies in the preparation
of such plans and in such construction; and
(e) The contracting agencies herein are public agencies
within the meaning of Section 6500 of the Government Code;
(f) The powers the exercise of which are contemplated by
this agreement are comnton to the contracting parties herein.
11. GENERAL CONDITIONS
1. DESCRIPTION OF WORK. The work to be performed under
this agreement shall, insofar as funds are available, consist
Of the construction of approximately 4400 linear feet of
seawall along the toe of the bluff at the Carlsbad State Beach
shoreline from Oak Avenue to the Aqua Eedionda Lagoon entrance
jetty (PRCJECT). -
2. PLANS Ah?) SPECIFICATIONS. The plan for work shall be
approved by DEPARTMENT in writing prior to advertising for bids
and no change in the plan sha.11 be made without the advance
written approval of DEPARTMENT.
(a) CITY agrees to perform, or cause to be performed,
the work specified in the approved plan.
(b) The work undertaken by the CITY shall have the Plans
and Specifications approved by the DEPARTMENT and shall be
constructed and performed in accordance with the law
applicable to the CITY'S public works projects and with
the State Contract Act, provided that if the CITY'S public
works law and the State Contract Act conflict, the latter
shall govern.
3. PERFORHANCE OF WORK.
(a) CITY shall do, or cause to be done, under its direct
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supervision, the work provided for under this agreement;
such work -shall be 'performed to the satisfaction of
DEPARTMENT and shall be subject at all times to their
inspection and approval. To this end, the CITY shall
allow the DEPARTMENT reasonable access to the work site.
The CITY shall assign one inspector to the project on a
full time basis at any time that the Contractor is a
actively working on the project site.
(b) If design and/or construction adrninstration is to be
performed by consultants, the DEPARTMENT shall participate
in an advisory capacity in the evaluation of the
Consultants and may conmunicate directly with the
Consultant during design and construction.
(c) If the work is to be performed by contract, a summary
of the estimates, bid, and contract shall be forwarded by
CITY to DEPARTMENT for approval prior to award. )Io
payment shall be made for work performed on any such
contract awarded by CITY until said approval has been
obtained. Performance and lsbor and materials bonds shall
be provided by the Contractor in an amount equal to 100
percent of the contract work to insure completion.
(d) Insofar as CITY may be authorized by DEPARTMENT to
perform any part of the work with its own forces, CITY-
owned equipment used for said work nay be charged at the
rental rates established heretofore by CITY, if such rates
have not been so established, allowance for use of such
equipment may be charged as approved by DEPARTMENT.
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(e) CITY shall di1:gently prosecute and cor!plete work
within eighteen months from the date of this aoreenent.
(f) During the progress of the work, all data and recocds
Pertaining thereto, in the possession or control of either
patty shall be rnade fully availzble to the other for the
due ar.d proper accomplishment of the purposes and
objectives thereof.
4. FUKDDS.
(a) For work undertaken by the CITY, the DEPARTMENT
shall, subject to terms of this agreement, reirrburse CITY
for SEVENTY-FIVE PERCENT (75%) of the cost of the work
described in paragraph 1, provided that such reinburement
shall not exceed $2,915,000. Any reirbursement exceeding
. $2,715.000 shall require prior approval by the California
Department of Finance. Cost of performing construction
work shall include, but not be linitec! to payments to
CITY'S contractor, work performed by its own forces as
described above, necessary engineering design,
supervision, and inspection (CONSTRUCTION COSTS).
DEPARTMENT shall under no circumstances be obliged to
expend for or on account of work provided for under this
agreement any amount in excess of funds herein made
available.
(b) The obligations created by this acjreeaent respecting
DEPARTHEN" and the CITY are contingent upon the
appropriation by the California State iegislcture of funds
intended to finance the work described by paragraph 1 of
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this agreement. Further, should the CITY make any
Commitments prior to the effective date of this agreement
as to all Or part of $2,915,000 amount made available by
this agreement, DEPARTMENT shall regard all such
commitments to be obligations of the CITY only: DEPARTMENT
shall not approve the expenditure of any funds under this
agreement to cover any costs incurred by the CITY as a
result of such commitments.
(c) None of the funds made ava'ilable under this
agreement are to be used to pay CITY'S general overhead or
administrative costs, including, but not limited to, its
legal, clerical, or other personnel expenses, except to
the extent that such costs are directly attributable to
the subject project and are approved by DEPARTMENT.
(d) Payments to cover the costs of construction may be
made either (1) through advances or (2) in arrears.
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1. Advances shall be subject to the following
conditions:
a) The CITY may request an advance from the
DEPARTMENT to cover the CONSTRUCTION COSTS
expected to occur in the succeeding THIRTY
(30) aay period.
b) Requests for advances may not be made more
than once every THIRTY (30) days.
c) All advanced funds shall be deposltea in an
account which shall reflect all receipts and
expenditures of such funds.
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d) All expenditures of acivanced fur?ds shall be
. made only after receiving the written
approval of the DEPARTMENT; requests for
such approval Fust be acconplished by
invoices or other evidence of CQNSPRUCTIOB
COSTS and may be na6e only once every TZIRTY
(30) days.
e) The CITY shall request DE?ARTbiE!iT approval Of
the final expenditure of advmced funds n.0
later than THIRTY (30) days following the
DEPARTMENT approval of CONSTRUCTION
acceptance.
f) The DEPARTKENT nay withhold from the advznces
an arcount equal to Ti?Y PERCEKT (10%) of
approved CONSTRUCTION COSTS until the
DEOAFTHENT has approved the acceptace of the
COl<STSUCTIOM.
9) AI.1 fl?nCis advanced by the DZPA2TBENT to the
CITY shall reaain the property of the
DEPAXTHEIUT until such funds are approved for
expenditure by the DEPhRTb5ENT.
h) The CITY may invest any advznced funds that
are not required to meet immediate
contractual obligations; my interest accrued
from such investments shall be deposited in
the above specified account and sl:all be used
to help Fay the COBSTBUCTION COSTS.
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i) Tne CITY shall return to tile DE_3A:CliE:.:T a~>y
. advanced funds renaining in tke account aftc-r
all CONSTRUCTION COSTS have beep paid; suclh
funds shall be returneci to the 3EPARTSZXT no
later than SIXTY (60) days following d?.te of
acceptance of the construction by the CITY.
2. Payments made in arrears shall be made as
follows:
CITY shall render to DEPARPi.!ENT, monthly, in
triplicate, full and complete statements oE all
expenditures and expenses incurred by CITY in the
performance of work. Subject to the terns and
provisions of this agreenent, D3PARTNE:iT shall, upon
approval, reimburse CITY for UEPARTUZtIT's share of
all anounts incurred or expended by CITY in
performance of said work. The DEPARTMEBT nay stop
payment if the CITY fails tc conply with any of the
provisions of this agreenent.
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(e) DEPARTMENT reserves the right to auciit all records
retained by CITY and CITY'S contractor perta.ining to all
expenditures and expenses in connectiorl with the
performance of said work within one year after conpletion
of such work or final payment, whichever is later.
Further, all contracts entered into by the CI'I'Y involving
an expenditure of Eunu's under this agreemnt sl~ll contzin
a provision which indicates that the contracting parties
shall be subject to the eczninaticn and zlrdit of the
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California Auditor General for a priod of three (3) years
after final payment under this agreedent.
5. REPORTS. Within SIXTY (60) days after completion of
Work, CITY shall file with DEkARTfiZNT a final report of
expenditures. All repor:s, plans, specifications, esti::.atcs,
statements of expenditures and expenses, end othcr docurLents
required to be submitted by CITY to DEPAl?TNEl~lT shall be in a
form Satisfactory to DEPARTMENT.
6. OWNERSHIP AND WAINTENANCE. DEPARTbiEMT acquires no
ownership or interest in the project constructed pursuant to
this agreeaent and shall not be responsible or liable for its
maintenance, operation or adequacy. -
7. NISCELLANEOUS PROVISIONS.
(a) All disputes concerning questions of fact arisicg
under this agreesent shall be decided by the Director of
Boating and Waterways, or his authorized representative,
and such decisions shall be final and conclljsive upon the
parties hereto.
(b) CITY waives all claim and recourse against the
DEPARTMENT including the right to contribution .for any
loss or damage arising from, arowing aut of, or in any way
connected with or incident to this contract except claim
arising from the concurrent or sole negligence of the
DEPARTMENT, its officers, agents and employees.
(c) The CITY shall indemnify, holG harmless, and defend
the DEPARTREWT, its officers, agents and er51ployees zgainst
any and all claims, demands, damages, costs, expenses OK
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liability arising out of the acquisition, design,
construction, operation, maintenance, existence or failure
of the project undertaken through this ayreenent.
(dl If the DEPARTMENT is naned as a co-defendant pursuant
to Governnent Code Sections 895, et seq. the CITY shall
notify the DEPARTZIEh'T and if the DEPARTHENT undertakes its
own defense, the DEPARTMENT shall bear its own litigation
costs, expenses and attorney's fees.
(e) CITY shall procure any and all. permits, licenses or
authorization which may be required by federal or state
law in reference to said work before paynents will be made
under this agreement and no expenditures therefor shall be -
chcrgeable against the cost of this project.
(f) CITY shall comply with all local, state, .and federal
laws and regulations regarding non-discrimination based
upon race, color, creed, sex, national or ethnic origin,
etc., in the administration or' this contract and any
contracts issued as a result of this contrcct. All
contrxtors and subcontractors shall be required to conply
with this condition.
(9) The waiver of a breach of any of the provisions of
this agreement shall not be deened to be a waiver or' any
other provisions hereof, or of a subsequent breach of such
provisions.
(h) Notwithstanding cnything herein contained to the
contrary, this agreement may be terminated 2nd the
provisions of this agreenent xay be altered, chanqed or
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amended, by mutual written consent of the parties hereto.
8. TERN OF AGREEIIEMT.
The tern of this agreement shall begin on its effective
date and continue ~OK two years from such date.
CITY OF CAFSSBAD STATE OF CALIFGRKIA
AlJD WATERWAYS
DEPAfiTllENT OF EOATIKG
I hereby certify that all conditions for exenption set forth -
in State Administrative Eianual Section 1209 have been complied
with and this a'ocunent is exenpt fron review by the Department
of Finance.
Director
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RESOLUTION NO. 8357
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AND WOODWARD CLYDE
CONSULTANTS FOR ENGINEERING SERVICES FOR THE
CARLSBAD BOULEVARD SEAWALL (CIP PROJECT NO. 3185)
The City Council of Csrlsbad, California does hereby
resolve as follows:
1. That an agreement between the City of Carlsbad and
rloodward Clyde Consultants For engineering design services for
the Carlsbad Boulevard Seawall (CIP Project No. 31851, attached
iereto a3 Exhibit "A" and made a part hereof, is hereby
approved.
2. That the Mayor of the City of Carlsbad is hereby
euthorized and directed to execute said agreement For and on
jehalf OF the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular
:arlsbad City Council held on the 21st day of
!966, by the Following vote, to wit:
AYES: Council Menbers Casler, Lewis, Kulchin, Ch
NOES: None
meeting of the
January - 9
lick and Pettine
ABSENT : None
9TTEST:
MARY H..' CASLER, Ma:.cr
RLETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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AGREEMENT FOR ENGINEERING SERVICES FOR
CARLSBAD SEAWALL
THIS AGREEMENT, made and entered into as of the - day
of 9 19-, by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as I*City,** and
WOODWARD-CLYDE CONSULTANTS, hereinafter referred to as
tlConsultant.'l
RECITALS
City requires the services of WOODWARD-CLYDE CONSULTANlS
to provide the necessary engineering services for preparation of
final plans and specifications for Carlsbad Seawall; and
Consultant possesses the necessary skills and qualifi-
cations to provide the services required by City;
NOW, TH€REFORE, in consideration of these recitals and
the mutual covenants contained herein, City and a Consultant
agree as follws:
. I. CONSULTANT'S OgLlGATIONS
See Attachment A, "Detailed Consultant Scope of Work".
EXHIBIT "A"
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2. CITY OBLIGATIONS
The City shall:
A. Make available upon request any existing: plans,
easements, street improvements, survey data, hudrau1j.c
criteria/calculations in its possession for the proposed work.
B. Supply blank mylars (with City title block and borders)
necessary for the project.
C. Provide review of Consultant's submittal in accordance
with an agreed upon schedule.
D. Provide payment within thirty (30) days of approval by
the City Engineer.
3. PsROCRESS AND COMPLETION
The work under this Contract will begin within ten (10)
days after receipt of notification to proceed by the City and be
completed within one hundred twenty (120) days of that date.
Extensions of time may be granted if requested by the Consultant
and agreed to in writing by the City Engineer. 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 lump sum fee payable according to Paragraph 5, "Payment
of Fees", shall be $150,000.00. No other compensation for
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services Hill be allowed except those items covered by
supplemental agree-ments per Paragraph 7, "Changes in Work".
5. PAYMENT OF FEES
Psynent of fees shall be upon delivery of approved final
documents; with $35,000.00 due upon delivery of an approved
preliminary design, and an additional $55,000.00 due upon
delivery of the final approved contract documents.
6. FINAL SUBMISSIONS
Withir: fifteen (15) days of completion and approval of the
final designs, the Consultant shall deliver to the City the
following items:
A. Original mylars at scsle of the drawings reproducible
i will be provided by on standard 24" by 36'' sheets. Blank mylars
the City.
6. All final engineering certificat ions and documents.
ineer. The plans shall be signed by a Registered Civil Eng
7. CHANGES.IN WORK
If, in the course of this Contract and design
merited by the Consultant or the City, and informal
with the other party indicate that a change in the
, changes seem
consultations
conditions of
the Contract is warranted, the Consultant 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 or Consultant to inform
them of the proposed changes along with a statement of estimated
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changes in charges or time schedule. After reaching mutual
agreement on the proposal, a supplemental agreement shall be
prepared by the City and approved by the City Council. Such
supplemental agreement shall not render ineffective or 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 cf the Consultant's
firm of the necessity of such action and follow up with a
supplemental agreement covering such work.
a. DESIGN STANDARDS
The Consultant shell prepare the plans and specificationo
in accordance with t.he design standards of the City of Carlsbad
and recognized current design practicea. Applicable City of
Carlsbad Standards and Regional Standards snall be used where
appropriate. Copies of such standards shall be obtained from the
City of Carlsbad.
9. COVENANTS AGAINST C0N.TINGENT 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 ar 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
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sha
or,
11 have the right to annul this agreement without 1
in its discretion, to deduct from the agreement
iability,
price or
conaideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift. or contingent fee.
10. NONDISCRIMINATION CLAU5.f
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute,
deliver, or perform the work ris provided for in this Contract,
the City may taminate this Contract for nonperformance by
notifying the Consultant by certified mail of the termination of
the Contract. 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 Contract
completed. Based upon that finding as reported to the City
Council, the Council shall determine the final payment of the
Contract. Final payment shall be in compliance with the Code of
Federal Regulations.
12. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedurn shall be used to
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resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they
become ident'.fied as a part'of a dispute among persons operatin3
under the provisions of this Contract, 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 methcd of resolution within ten (IO) days. If
the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute.shal1 be forwarded to the
City Council for their resolution through the Office of the City
Manager.. The City Council may then opt to conaider 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. RESPONSIBILITY OF THE EONSULTANT
The Consultant is hired to render professional services of
designing and drawings for Carslbad Seawall and any payments made
to Consultant are compensation solely for such services.
Consultant shall certify as to the correctness of all designs and
sign all plans, specifications, and estimates furnished with
Registered Civil Engineer's number.
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14. SUSPENSION OR TERMIMATION OF.SERVICES
This agreement may be terminated by nither 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, 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 terninati.on, the Consultant shall be
paid for work performed to the termination date; however, the
total shall not exceed the guaranteed total maximum. The City
shall make thc final determination as to the portions of tasks
compXetsd 8nd the compensation to he made. Compensation to be
made in compliance with the Code of Federal Regulations.
15. STATUS OF THE CONSULTANT
The Consultant shell 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. CGnsultant shall be under cantrol of the
City only as to the result to be accomplished and the persofinel
assigned to the project, but shall consult with the City as
provided for in the request for proposai.
16. CONFORMITY-TO LEGAL REQIJIREMENTS
The Consultant shall cause all drawings and specifications
to conform to all applicable requirements of law: Federal,
State, and local. Consultant shall provide all necessary
supporting documents, to be filed with any agencies whose
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approval is necessary.
The City will provide copies of the approved plans to any
other agencies.
17. 0WNERSHIP.OF 00,CUMENTS
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 delivered
forthwith to the City. Consultant shall have the right to make
one (1) copy of the plans for his/her records.
18. HOLD HARMLESS AEREEMENT
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,
any negligent act or omission of Consultant or Consultant's
agents, employees, or representatives. Consultant agrees to
defend, indemnify, and save free and harmless the City and its
authorized agents, officers, and employees against any of the
foregoing liabilities or claims of any kind and any cos; 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.
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19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any part
thereof or any monies due therevnder without the prior written
consent of the City.
20. 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 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 Contract shell create any
contractual relationship between any subcontractor of Consultant
and the City. The Consultant shall bind every subcontractor and
every subcontractor of a subcontractor by the terns of this
Contract applicable to Consultant's work unless specifically
noted to the contrary in the subcontract in question approved in
writing by the City.
21. PROHIBITED.INfEREST
No official of the City who is authorized in such capacity
on behalf OF thn 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
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interested personally in this Contract or in any part thereof.
No officer, employee, ~rchitect, 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.
22. VERBAL AGREEMENT OR CONVERSATIOM
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 ar 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 Contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless
Agreement", 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.
24. EFFECTIVE DATE
This agreement shell be effective on and from the day and
year first above written.
25. CONFLICT OF INTEREST
The Consultant shall file. a Conflict of Interest Statement
with the City Clerk of the City. of Carlsbad in accordance with
the requirements of the City of Carlsbad Conflict of Interest
Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
WOODWARD-CLYDE CONSULTANTS CITY OF CARLSBAD:
By
Mayor
APPROVED AS TO FORM: ATTESTED:
By
assistant City Att orney City Clerk -
Task No. 1
Task No. 2
Task No. 3
Task No. 4
Yask No. 5
Collect and orgacize all data from available
sources and initiate contact with all regulatory permitting agencies.
-- CARLSBAD SEAWALL -- DETAILED CONSULTANT SCOPE OF WORK
(By Phase, by .Tiak to be performed)
Phase I: Agen-cy.Contracts and Data Review
Phase I Product(s3
Summarize and evaluate the following:
o General site conditions;
o Alternative seawall designs;
o Environmental issues;
o List of government agencies' requirements and conditions;
o List of additional fund sources' requirements
and funded items: and
o List of design information required.
ATTACHMENT "A"
Establish liaison. kith the City of Carlsbad.
Identify specific contacts in various State and
Federal agencies.
permit information will be obtained from each Preliminary comments, designs considerationa and
regulatory agency. An on-going liaison with each
maintained throughout the regulatory review stage
agency will be estebliohed at this time and will be
of the project.
Establish contact with and determine requirements
of additional funding sources (especially thme agencies which will. fund additional facilities nut
presently included in the feasibility study).
Review informaticn end comments from the feasi-
bility stvdy and environmental impact report, as well as other sources.
Set-up and conduct a project site visit with
ments. government agencies to discuss project require-
-2-
Phase 1.1 Field Investiqations and Office Studies
Develop specific. design criteria and supplemental site condition information.
Task No. 6 Arrange for and have photogrammatric mapping and
field control surveys performed. Field check utility and storm drain pipe locations. Revisw
with the City, its platis for future improvement of
Boulevard. the storm water collection system along Carlsbad Establish baseline For future
construction surveys.
Task No. 7 Perform a geotechnical investigation. Current' bluff and beach profiles will be obtained at this
time. lateral earth pressures will be developed for Soil characteristics, bearing values and
design. Slope stability analyses will be made.
Task No. 8 Develop Coastal Engineering Design Criteria.
Task No. 9 seawall designs and beach access locations. Con- Make a preliminary evaluation of possible alternate
sider possible alternatives identified in the
Environmental Impact Report. Make a preliminary evaluation of possible beach access locations,
improvement of lateral acces and areas where eroded
land may be reclaimed, Evaluate treatment of current stora water outlet pipes.
Phaae.11 Productb)
Prepare a design memorandum that includes the following:
o Base maps and profiles for design;
o Geotechnical Report;
o Coastal Engineering Design Criteria; and
o Summary including access facilities and miscellaneous
of possible alternate designs,
improvements.
-3-
Phase III ' Preliminary Desiqn
Task No. 10
Task hlo. 11
Task No. 12
Prepare feasible-design alternatives, check costs,
work very closely. with the City so as to :r-::ch a
review/incorporate regulatory requirements, md
alternative which will be carried to a preliminary rapid consensus of the most favored design
design stage.
Prepare typical sections, plans aed profiles for
cost estimates. alternatives to be considered. Prepare preliminary Include ancillary facilities
and/or appurtenances to be funaed by sources
identified in Task No. 3, above.
Prepare and submit alternate design sections for
Whenever feasible, incorporate migitation measures the seawall and beach access stairways for review.
identified in the EIR. Incorporate review comments into designa and mcet with City, State and Federal
the City, select preferred design.
agencies to discuas designs, In conjunction with
Prepare and submit ten copies of preliminary plans For selected alternative to city and government
agency for comments.
Phase I11 Product(s1
A design approach will be selected and approved For
preparation of final design plans and sDecifica- t ions.
Phase IV Final Desiqn
After receiving approval of the desi
the preliminary plans from the City
Agencies, proceed to prepare documents.
gn concept and
and Regulatory final design
Task No. 13 Prepare detailed contract plans and specifications
access stairways and other improvements. Incor- For the entire length of the project seawall,
porats all epprepriete mitigation measures
identified in the final flR.
Task No. 14 Prepare permit applications and support documents.
-4-
Task No. 15 Submit ten copies of the Final draft of contract plans and specifications to the City and government
agencies For , review. Incorporate the review
comments. t ions. Complete plan8 and contract specifica-
Task No. 16 Prepare coat estimate for final design.
Submit originals and twenty-Five copies of the contract plana and-specifications and a summary of
the final cost estimate to the city.
Phase V Meetinq-5uppart and Requletory Communication
Task No. 17 Provide resources necessary to present these studies and design results in whatever public forum
the City .feels is neceaaary.
meeting
Included in Task No. 16 are: one City Council
to present preliminary plans and
meeting to present final plans and specifications specifications and costs, and one City Council
and cost. Other meetings will be attended as
and materiels. requested, and at the predetermined rates Cor tire
10/01/85 JLB:Ich
\ ..
STAR Q CALIFORNIA-TM RESOURCES AGENCY
DEPARTMENT OF BOATING AND WATERWAYS
YU&MEWC. CA 9SIlCRpl
1629smen
P16) -1
January 7, 1986
RECEIVED Mr. Gene Dmovan, City Engineer - City of Carlsbad .. - ,- 1200 Elm Avenue Carlsbad, California 92008-1989
Jh. A .> "%
Attention: Mr. Jeffrey Bunnell
SUBJECT: Carlsbad Boulevard Shore Protection Project Agreement No. 85-42-100, Carlsbad, San Diego County
Dear Mr. Donovan:
In confirmation of recent telephone communications between - . Ron Jeepersen and your staff, the Department of Boating and ' Waterway. will reimburse the City for 75 percent of all necessary engineering costs incurred to obtain construction easements and all applicable permits. Costs for the conetructfon contract ca all required permits a easements ,have been obtained. eimbursed unless or until
number listed below or call Mr. Ron Jesperson at (916) 322- If you have any question8 or comments, please call me at the
1809.
a
Sincerely,
BILL S. SATOW Assistant Director
Beact Erosion Branch 1 (916) 445-8349
cc: Prank Mannen Sandra Schmidt