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HomeMy WebLinkAbout1990-08-07; City Council; 10759; CONSULTANT AGREEMENT FOR ENVIRONMENTAL PLANNING SERVICES FOR CITY CAPITAL PROJECTS8 ' f It 5 - G a 1 0 z 3 8 I ' //> e341 GIWUF CARL~ISAU - AGttNDX BILL 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7) *-.- v-, \. , 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. /// /// /// /// /// /// /// 1 -- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 1V 18 19 20 21 22 23 24 25 26 27 28 P- 'I '-- d 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) I (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. 1 Rev. 7/2/90 - w 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." 2 Rev. 7/2/90 - w 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 4 Rev. 7/2/90 v - 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, 5 Rev. 7/2/90 - v 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. 6 Rev. 7/2/90 - - 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. 7 Rev. 7/2/90 - - 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. 8 Rev. 7/2/90 - w 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 9 Rev. 7/2/90 - w 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. .... .... .... .... .... .... .... .... .... .... --.. .... .... .... .... .... .... .... .... .... 10 Rev. 7/2/90 - -c 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 11 Rev. 7/2/90 - - 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. 12