HomeMy WebLinkAbout1993-12-21; City Council; 12513; ANNUAL CARLSBAD SAND SURVEY AND BEACH PROFILE PROGRAM AGREEMENT FOR 1993-19944
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WY OF CARLSBAD - AGW A BILL :><"
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AB # "l 'I3 TITLE: ANNUAL CARLSBAD SAND SURVEY DEPT. I
MTG. 12/21/93 AND BEACH PROFILE PROGRAM CITY A
CITY M DEPT. ENG
RECOMMENDED ACTION::
AGREEMENT FOR 1993-1 994
Adopt Resolution No. q3-338 approving an agreement between the City of Carlsba
Tekmarine, Incorporated,for the annual Carlsbad Sand Survey and Beach Profile Prc
for 1993-1 994.
ITEM EXPLANATION:
On August 18, 1987, the City Council adopted Resolution No. 9205 approvi
agreement with Tekmarine, Incorporated, to provide the Carlsbad Sand Survey and
Profile Program. As provided in the agreement, the City has renegotiated and exi
the agreement with the Consultant on an annual basis. Because of the nature
coastal engineering work, the level of experience and expertise involved, and the vali
economy of maintaining continuity over an extended period of time with one con
firm, staff and the Beach Erosion Committee recommend continuing the contra1
Tekmarine, Incorporated.
The agreement is for a one-year period with provisions for the City Manager to exte
agreement for three additional one-year periods, or parts thereof, based upon satis
performance and the City's needs.
FISCAL IMPACT
Cost of the Carlsbad Sand Survey and Beach Profile Program for 1993-1994
$20,300. Funds were approved and are available in the Engineering Dep: 1993-1 994 Operating Budget.
The State has reduced the amount of revenue available to the City to support this pr
Although these costs are included in the 1993-1 994 budget, this program may be re
restricted, or curtailed as necessary to balance the City's budget.
EXHIBITS:
1. Resolution No. 93-338 approving an agreement between the City of Carlsb
Tekmarine, Incorporated, for the annual Carlsbad Sand Survey and Beach
Program for 1993-1 994.
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e . RESOLUTION NO. 93-338
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSB
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY CARLSBAD AND TEKMARINE, INCORPORATED, FOR THE CARLSBAD SP
. SURVEY AND BEACH PROFILE PROGRAM FOR 19931994
WHEREAS, the City Council of the City of Carlsbad has previously awarded a cc
agreement with Tekmarine, Incorporated, for the Carlsbad Sand Survey and Bead
Program; and
WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, c
e and in the public interest to continue said program during 1993-1 994; and
WHEREAS, the City Council of the City of Carlsbad has previously budgc
appropriated sufficient funding for said program in its 1993-1 994 fiscal budget;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of (
California, as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad and Tekmarine, lncorporatc
which is attached hereto and made a part hereof is approved.
3. That the City Manager is authorized to extend said agreement for three
one-year periods based upon satisfactory performance and City’s needs.
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4. That the Mayor is authorized to execute the agreement between the C
Tekmarine, Incorporated, on behalf of the City Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 21st day Of DECEMBER , 1993 by the following vote, to wit:
Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila AYES:
NOES: None
ABSENT: None
ATTEST:
& 2.
ALnHA L. WmENKe (SEAL)
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AGREEMENT
THIS AGREEMENT, made and entered into as of the dado day of
DECEd? GR ; 1993, by and between the CITY OF CARLSBAD, a municipa
COrpOratiOn, hereinafter referred to as "City", and Tekmarine, Inc.
hereinafter referred to as "Consultant",
RECITALS
City requires the services of an oceanographic and coastal engineerin
consultant to provide the necessary coastal engineering services including the City
Sand Survey and Beach Profile Program; and Consultant possesses the necessa
skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenan
contained herein, City and Consultant agree as follows:
1. co N S ULTANT' S 0 BLlG AT1 0 N S
A. BEACH PROFILES - SHALLOW WATER: Conduct one annual wad
survey during the month of October at eleven (11) stations to
determined by the City in consultation and with the recommendatior the Consultant. Consultant shall establish and maintain profile stat
monumentation. Profiles are generally to include photo and wad
surveys with interpretation of the profiles to determine sedim
transport and deposition dynamics. The wading surveys should
performed to a minimum depth of three (3) meters. The consultant s
calculate volumetric changes between surveys including wave ac'
data, rate of sand transport, assemblage of data from other surveys
photos and related data gathering programs in an effort to inter1
sediment transport and deposition dynamics relative to Carlsbad be
erosion andlor accretion.
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B. BEACH PROFILE - DEE P WATER: Conduct one annual boat survey
during the month of October at four (4) stations to be determined by the
City in consultation and with the recommendation of the consultant.
Consultant shall establish and maintain profile station monumentation.
Profiles are generally to include photo and boat surveys with
interpretation of the profiles to determine sediment transport and
deposition dynamics and bottom material composition. The profiles shall
be performed to a minimum depth of ten (10) meters. The Consultant
shall calculate volumetric changes between surveys including wave
action data, rate of sand transport, assemblage of data from other
surveys, air photos and related data gathering programs in an effort to
interpret sediment transport and deposition dynamics relative to Carlsbad
beach erosion and/or accretion.
BEACH PROF11 ES - WRITTEN REPORT: The Consultant shall submit i
written report to the City (10 copies) summarizing the shallow and deel
water profiles and be available as needed to discuss the findings.
D. FIELD RFCONNAISSANCF: The Consultant shall perform periodic fieic
reconnaissance (at least six (6) per year) inspections of the Carlsba
coastline.
CONSULTATION WITH CITY: The Consultant shall meet with City stai
and/or the Beach Erosion Committee (up to six (6) times per year) ar
shall be available for phone consulting discussions as needed and provic
miscellaneous coastal consulting services as mutually agreed ar
directed by the City Engineer.
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2. CITY OB LI G ATlO M S
The City shall provide to Consultant such information as it possesses whi
would normally be supplied to consultants performing oceanographic and coas
engineering services including, but not limited to maps, plans or documentation
3. PROGRESS AND CO MPLETION
The work under this contract will be performed under the direction of the (
Engineer or designee.
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4. ES TO BE PAID TO CONSUL TAN1
The total shall not exceed the fee payable according to Paragraph 6, "Payment
of Fees," and shall be $20,300. No other compensation for services will be allowec
except those items covered by supplemental agreements per Paragraph 8, "Change!
in Work." Changes in the annual fee schedule shall be submitted by the Consultan
to the City Engineer at the time of contract extension as provided in Section I
Duration of Contract. If the City Engineer accepts the annual fee schedule, th
contract shall be amended and extended by the City Manager.
5. DURATION OF CONTRACT
This agreement shall extend for a period of one year from date thereof. Tt
contract may be extended by the City Manager for three (3) additional one (1) ye
periods or parts thereof, based upon satisfactory performance and the City's need!
6. PAYMENT OF FEES
Upon completion of work phases, the Consultant shall submit invoices to t
City Engineer. The City will forward payment to the Consultant within 30 days.
7. -
If, in the course of the contract, changes seem merited by the Consultant or
City, and informal consultations with the other party indicate that a change in
conditions of the contract is warranted, the Consultant or the City may reque!
change in contract. Such changes shall be processed by the City in the follov
manner: A letter outlining the required changes shall be forwarded to the Citt
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Consultant to. inform them of the proposed changes along with a statement c
estimated changes in charges or time schedule. A supplemental agreement shall b
prepared by the City and approved by the City according to the procedures describe
in Carlsbad Municipal Code Section 3.28.1 72. Such supplemental agreement sh:
not render ineffective or invalidate unaffected portions of the agreement.
8. GO VENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained a
company or person, other than a bona fide employee working for the Consultant,
solicit or secure this agreement, and that Consultant has not paid or agreed to pay a
company or person, other than a bona fide employee, any fee, commissic
percentage, brokerage fee, gift, or any other consideration contingent upon,
resulting from, the award or making of this agreement. For breach or violation of tt
warranty, the City shall have the right to annul this agreement without liability, or,
its discretion, to deduct from the agreement price or consideration, or otherw
recover, the full amount of such fee, commission, percentage, brokerage fees, g
or contingent fee.
9. NONDlSCRlMlNATlO N CLAUSE
The Consultant shall comply with the state and federal laws regard
nondiscrimination.
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10. TER MlNATlON 0 F CONTRACT
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 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 Manager, the Manager shall determine the final payment of the
contract.
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11. DISPUTES
If a dispute should arise regarding the performance of work under this agreemen
the following procedure shall be used to resolve any question of fact or interpretatic
not otherwise settled by agreement between parties. Such questions, if they becon
identified as a part of a dispute among persons operating under the provisions of th
contract, shall be reduced to writing by the principal of the Consultant or the C
Engineer. A copy of such documented dispute shall be forwarded to both parti
involved along with recornmended methods of resolution which would be of benc
to both parties. The City Engineer or principal receiving the letter shall reply to '
letter along with a recommended method of resolution within ten (10) days. If
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining
dispute shall be forwarded to the City Council for their resolution through the Of
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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. sus PENSION 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 pul
same in order for proper filing and closing and deliver said product to City. In thc
event of termination, the Consultant shall be paid for work performed to th.
termination date: however, the total shall not exceed the lump sum fee payable undc
paragraph 4. The City shall make the final determination as to the portions of task
completed and the compensation to be made.
13. ST ATUS OF THE CO NSULTANT
The Consultant shall perform the services provided for herein in Consultant's 01
way as an independent contractor and in pursuit of Consultant's independent calli1
and not as an employee of the City. Consultant shall be under control of the City o
as to the result to be accomplished, but shall consult with the City as provided fa
the request for proposal.
The Consultant is an independent contractor of the City. The payment mad
the Consultant pursuant. to the contract shall be the full and complete compens:
to which the Consultant is entitled. The City shall not make any federal or stat6
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withholdings on behalf of the Consultant. The City shall not be required to pay an)
workers' compensation insurance on behalf of the Consultant. The Consultant agree:
to indemnify the City for any tax, retirement contribution, social security, overtimt
payment, or workers' compensation payment which the City may be required to mak
on behalf of the Consultant or any employee of the Consultant for work done undc
this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform an
Control Act of 1986 and shall comply with those requirements, including, but nc
limited to, verifying the eligibility for employment of all agents, employee
subcontractors and consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIRFMENTS
The consultant shall cause all drawings and specifications to conform to
applicable requirements of law: federal, state and local. Consultant shall provide
necessary supporting documents, to be filed with any agencies whose approval
necessary.
The City will provide copies of the approved plans to any other agencies.
15. OW-IP OF DOCUMF NTS
All plans, studies, sketches, drawings, reports, and specifications as he
required are the property of the City, whether the work for which they are made
executed or not. In the event this contract is terminated, all documents, pli
specifications, drawings, reports, and studies shall be delivered forthwith to the C
Consultant shall have the right to make one (1 ) copy of the plans for hidher recc
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16. WRODUCT ION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish al
claims to such*copyrights in favor of City.
17. 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 perso
whatever, nor for personal injuries or death caused by, or resulting from, an
intentional or negligent acts, errors or omissions of Consultant or Consultant's agent:
employees, or representatives. consultant agrees to defend, indemnify, and save frc
and harmless the City and its officers and employees against any of the foregoir
claims, liabilities, penalties or fines, including liabilities or claims by reason of allegt
defects in any plans and specifications, and any cost, expense or attorney's fe
which are incurred by the City on account of any of the foregoing.
la. ASS IGNMENT OF CON TRACT
The Consultant shall not assign this contract or any part thereof or any mon
due thereunder without the prior written consent of the City.
19. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under
contract by the Consultant, Consultant shall be fully responsible to the City for
acts and omissions of Consultant's subcontractor and of the persons either dirc
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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 o
Consultant and the City. The Consultant shall bind every subcontractor and ever\
subcontractor of a subcontractor by the terms of this contract applicable tc
Consultant's work unless specifically noted to the contrary in the subcontract i
question approved in writing by the City.
20. PROH I BITE0 INTEREST
No official of the City who is authorized in such capacity on behalf of the City 1
negotiate, make, accept, or approve, or take part in negotiating, making, acceptin
or approving of this agreement, shall become directly or indirectly interest
personally in this contract or in any part thereof. No officer or employee of the Ci
who is authorized in such capacity and on behalf of the City to exercise a
executive, supervisory, or similar functions in connection with the performance of tl
contract shall become directly or indirectly interested personally in this contract or E
part thereof.
21. -AGREEMFNT OR CO NVERSAT lory
No verbal agreement or conversation with any officer, agent, or employee of
City, either before, during or after the execution of this contract, shall affect or ma
any of the terms or obligations herein contained nor entitle the Consultant to
additional payment whatsoever under the terms of this contract.
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22. SUCCESSQRS OR ASSIG NS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, anc
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writte
a bove .
24. CONFLICT OF INTEREST
The consultant shall file a conflict of interest statement with the city clerk
accordance with the requirements of the City of Carlsbad conflict of interest cod
The disclosure categories shall be categories one (1 1.
25. JNSURANCE
The Consultant shall obtain and maintain policies of general liability insuranc
automobile liability insurance, and a combined policy of worker's compensation a
employers liability insurance from an insurance company authorized to do business
the State of California which meets the requirements of City Council Resolution I
91 -403 in an insurable amount of not less than one million dollars ($1 ,ooO,OOO) ea
unless a lower amount is approved by the City Attorney or the City Manager. 1
insurance shall be in force during the life of this agreement and shall not be cancc
without thirty (30) days prior written notice to the City sent by certified mail.
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* me ciw shall be namd as an additional insured on these policies. The Consultant
shall furnish certificates of insurance to the city before COfnmencement of work.
Executed by Consultant this 26 day of ,d 0 11.~*ue~ ,199:
CONSULTANT-: CIN OF CARLSBAD, a municipal
corporation of the State of California
Te kmarL~ C - (name of Consultant) 6
By: ATTEST:
COUNTY OF
. notary public,
ocsulsbctory evdence
Wmn(S) on the ~nstrument the per^ n(s) acted. executed the mstrumenr
Offild Notanal seal
This certtflcate must be Iitk or ~pe of Document
) described at nghr
ALPURPOU ACKNOWUDQM~~
By p$ilba muty CI Attorney
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