HomeMy WebLinkAbout1990-08-07; City Council; 10759; CONSULTANT AGREEMENT FOR ENVIRONMENTAL PLANNING SERVICES FOR CITY CAPITAL PROJECTS8 ' f
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AB#.LUZ~- TITLE: CONSULTANT AGREEMENT FOR DEPT. HD.A
CITY Ad!
DEPT. ENG:MP CITY MG~
MTG, 8/07/90 ENVIRONMENTAL PLANNING SERVICES POR CITY CAPITAL PROJEPT!!
RECOMMENDED ACTION:
Adopt Resolution No. .f%l4Jf# approving a consultant agreement with
A.D. Hinshaw Associates for environmental planning and review services for City Capital Projects.
ITEM EXPLANATION:
The large number and complexity of City Capital Projects requiring environmental review and City issued environmental and regulatory permits and other planning approvals has placed considerable additional burden upon the Planning Department's workload. In an
effort to provide thorough, effective, and timely environmental review for all City initiated projects, Community Development staff have identified the need to retain additional environmental planning consultants to assist with this effort.
The attached consultant agreement with A.D. Hinshaw Associates will provide environmental planning and review services, under the direction of the Planning Director, for City initiated Capital
Projects. The addition of the outside consultant resources will ensure continuing effective and thorough review of projects for
environmental consistency with State and City ordinances and regulations. Staff recommends approval of the attached consultant
agreement.
FISCAL IMPACT:
The attached consultant agreement provides for services to be performed on an hourly, time and materials basis for each individual project application. All costs associated with these
services will be charged directly to the project budget for each City Council approved CIP Project. All City CIP Projects include
a budget element for City costs and other chargeable expenses for administration and management of the project.
EXHIBITS:
1. Resolution No. %NJT~ approving a consultant agreement
2. Consultant Agreement.
between the City of Carlsbad and A.D. Hinshaw Associates.
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RESOLUTION NO. 90-284
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
CONSULTANT AGREEMENT WITH A.D. HINSHAW
ASSOCIATES AND THE CITY OF CARLSBAD
OF CARLSBAD, CALIFORNIA, APPROVING A
WHEREAS, the City Council of the City of Carlsbad her
finds it necessary, desirable and in the public interest to en
into a consultant agreement with A. D. Hinshaw Associates
environmental planning and review services for City initia
Capital Projects; and,
WHEREAS, an agreement to affect said services has bt
prepared.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct
2. That an agreement between the City of Carlsbad i
A.D. Hinshaw Associates is hereby approved and the Mayor and C.
Clerk are authorized and directed to execute said agreemei
Following the Mayor's signature of said agreement, the City Clc
is further authorized and directed to forward copies of s4
agreement to A.D. Hinshaw Associates, 6136 Mission Gorge, Su
111, San Diego, California 92120 and the Planning Department E
Municipal Projects Department.
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PASSED, APPROVED AND ADOPTED at a regular meeting of th
Carlsbad City Council held on the 7th day of August , 1990
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin and Mamaux
NOES: None
ABSENT: Council Member
ATTEST:
- ALETHA L. RAUTENKRANZ, Cit3) Clerk
(SEAL)
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(W .7
AGREEMENT FOR
ENVIRONMENTAL PLANNING SERVICES
THIS AGREEMENT, made and entered into as of the-? day of !- d'' 6
19a by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "City", and PHILIP L. HINSHAW, d.b.a., A. D. HINSHAW ASSOCIATES,
hereinafter referred to as "Consultant".
RECITALS
City requires the services of an Environmental Planning Consultant to provide the
necessary environmental planning, environmental review, and related services for
preparation of environmental review documents and related work; and C o n s u 1 t a n t
possesses the necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Consultant agree as follows:
1. CONSULTANTS OBLIGATIONS
Consultant shall provide environmental planning and review services to City under
the direction of the City Manager or his authorized representative for the purposes of
assisting h the redew of Capital Projects for consistency and applicability under Federal,
State and Local environmental laws, regulations, and ordinances.
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Consultant shall provide all services, resources, clerical and office support,
transportation, and other related requirements to accomplish the work under this
agreement I
2. CITY OBLIGATIONS
The City shall provide Consultant with appropriate documents, records, applications,
and other information with which Consultant shall accomplish the work under this
agreement.
3. PROGRESS AND COMPLETION
The work under this contract shall begin immediately following the execution of this
agreement and continue for a period of one (1) year from the date thereof. Extensions of
time may be granted if requested by the Consultant and agreed to in writing by the City
Manager or his authorized representative. The City Manager 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
Consultant shall be paid on an hourly basis in accordance with attached Exhibit A,
Statement of Fees. No other compensation for services will be allowed except those items
covered by supplemental agreements per Paragraph 7, "Changes in Work."
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5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended for additional one (1) year periods or parts thereof, at the sole
election of City, based upon satisfactory performance by Consultant and the Ciws needs.
6. PAYMENTOFFEES
Payment of fees shall be upon delivery and approval of monthly invoices which shall
be detailed by Consultant to include project name, project number, work accomplished,
hours expended, classification of hours, hourly rates, and related expenses,
7. CHANGESINWORK
If, in the course of the contract, changes seem merited by the Consultant or the City,
and informal consultations with the other party indicate that a change in the 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 by Consultant to inform them of the
proposed changes along with a statement of estimated changes in charges or time schedule.
A supplemental 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
supplemental agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
3 Rev. 7/2/90
w - 8. COVENANTS AGAINST. CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any company
or person, other a bona fide employee working for the Consultant, to solicit or secure this
agreement, and that Consultant has not paid or 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 of this
agreement. For breach or violation of this warranty, the City shall have the right to annul
this agreement without liability, or, in its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fees, gift, or contingent fee.
9. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
non&crk&at;on.
10. TERMINATION OF CONTRAa
In the event of the Consultant's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City may terminate this contract for nonperformance by
notifying the Consultant by certified mail of the termination of the Consultant. The
Consultant, thereupon, has five (5) working days to deliver said documents owned by the
City and all work in progress to the City Manager. The City Manager 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
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contract completed. Based upon that finding as reported to the City Manager, the City
Manager shall detennine the final payment of the contract,
11. DISPUTES
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 Consultant or the City Manager. 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
Manager or principal receiving the letter shall reply to the letter along with a recommended
method of resolution within ten (10) 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 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.
12. 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 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 termination,
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the Consultant shall be paid forwork performed to the termination date; however, the total
shall not exceed the lump sum fee payable under paragraph 4. The City shall make the
final determination as to the portions of tasks completed and the compensation to be made.
13. 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, but shall consult with the City as provided for in the request for
proposal.
The Consultant is an independent contractor of the City. The payment made to the
Consultant pursuant to the contract shall be the full and complete compensation to which
the Consultant is entitled. The City shall not make any federal or state tax withholdings on
behalf of the Consultant. The City shall not be required to pay any workers' compensation
insurance on behalf of the Consultant. The Consultant agrees to indemnify the City for any
tax, retirement contribution, social security, overtime payment, or workers' compensation
payment which the City may be required to make on behalf of the Consultant or any
employee of the Consultant for work done under this agreement.
The Consultant 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.
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14. CCNFORMIlY To LEGAL REOUIREMENTS
The Consultant shall cause all drawings and specifications to conform to aU
applicable requirements of law: federal, state and local. Consultant shall provide all
necessary supporting documents, to be filed with any agencies whose approval is necessary.
The City will provide copies of the approved plans to any other agencies.
15. OWNERSHIPOFDOCUMENTS
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 all documents for his/her records.
16. HOLD HARMLESS AGREEMENT
The City, its 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, not
for personal injuries or death caused by, or claimed to have been caused by, or resulting
from, any intentional or negligent acts, errors 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 officers and employees against any of the foregoing liabilities
or claims of any kind and any cost 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.
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17. ASSIGNMENT OF CONTRACI'
The Consultant shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of the City.
18. SUBCONTRACI'ING
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 shall 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
terms 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.
19. 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.
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20. VERBAL AGREEMENT OR CONvlERsATlON
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 Consultant to any additional
payment whatsoever under the terms of this contract.
21. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 16, "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.
22. FSFE(=TIvEDATE
This agreement shall be effective on and from the day and year first above written.
23. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the City Clerk in
accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The
Consultant shall report investments or interests in real property.
24. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance,
automobile liability insurance, and a combined policy of workeis compensation and
employers liability insurance from an insurance company authorized to do business in the
State of California which meets the requirements of City Council Resolution No. 90-96 in
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an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower
amount is approved by the City Attorney or the City Manager. This insurance shall be in
force during the life of this agreement and shall not be canceled without thirty (30) days
prior written notice to the City sent by certified mail.
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The City shall be named as an additional insured on these policies. The Consultant
shall furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this g37-e~f day of ~l&- 9 19Qq
CONSULTANT: CITY OF CARLSBAD, a municipal
Phili~ L. Hinshaw. A.D. Hinshaw Assoc.
(Name of Consultant)
By: %F x@ yS//dm,&& / /&-
corporation of the State of California
By:
City Manager or Mayor
(sip%erej
ATTEST: x4///!7 / 71 Hi,&-/x&~
~~~~~-~ (print name here)
N5/jA w Af 55flCJ. ALETHA L. RAUTENKRANZ
(title and organization of signatory) City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT 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:
VINCENT F. BIONDO, JR.
City Attorney
BY Deputy City Attorney
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EXHIBIT A
FEES FOR SERVICES
A. D. HINSHAW ASSOCIATES
6136 MISSION GORGE ROAD, SUITE 111
SAN DIEGO, CA 92120
EFFECTIVE DATES
JULY 1,1990 THROUGH DECEMBER 31,1990
PROFESSIONAL FEES
For services provided where reimbursement is on an hourly basis, the following are used:
Per Hour
Principal $ 75.00
Project Manager $ 60.00
Senior Planner $ 55.00
Planner $ 45.00
Asst. Planner $ 40.00
Research Assistant $ 35.00
Graphics Technician $ 35.00
Word Processing $ 28.00
Clerical Support $ 25.00
Non-Technical Support $ 15.00
Professional fees are in effect until December 31,1990. Any work performed after that date
is subject to revised fees. Overtime rates (work in excess of 8 hours per day or 40 hours
per week) are 1.5 times the regular hourly rates.
EXPENSES
Direct project expenses such as reproductions, blueprinting, telephone, supplies, and other
Subcontractor invoices are billed at cost plus 15 percent. non-labor expenses are billed at cost plus 15 percent. Mileage is charged at $0.26 per mile.
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