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Home My WebLink About1978-01-17; City Council; Resolution 52901 2 3 4 F .. E 7 E < 1( 1: 1; 1: 11 l! 1( 1' li l! 21 2: 2, 2 2 2 2 2 2 RESOLUTION NO. 5290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DAVID D. SMITB AND ASSOCIATES FOR CONSULTING SERVICES RELATIVE TO A IGIINTENANCE DREDGING PROGRAM FOR AGUA HEDIONDA LAGOON. The City Council of the City of Carlsbad, California, does ereby resolve as fo~~ows: 1. That that certain agreement between the City of Carlsbad nd David D. Smith and Associates for consulting services relative o a maintenance dredging program for Aqua Hedionda Lagoon, a copy f which is attached hereto marked Exhibit "A" and made a part ereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorize nd directed to execute said agreement for and on behalf of the ity of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City ouncil of the City of Carlsbad, California, .held on the 17th day of January , 1978 by the followin9 vote, .o wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler NOES: None ABSElCrlT : None :seal- ) e 0 EXHIBIT A .. 1 AGREEMENT FOR 'CONSULTANT SERVICES - THIS AGREEMENT Fs made this 17th day Of Janrl;lr_v I 1978, betwen the CITY OF CARLSBAD, a municipal corporation Of the State of California, hereinafter referred to as CITY, and DAVID D. SMITH AND ASSOCIATES, a California corporation, hereinafter referred to as CONSULTANT. RECITALS : WEREAS, the City requires consulting services to determine the scope; feasibility, and order of magnitude cost of a maintenance dredging program for Agua Hedionda Lagoon; I and WHEREAS, the City has solicited proposals for this determination; and WHEREAS, the Consultant has the experience and qualifica- tions to make these determinations; and WHEREAS, it is understood that the Consultant shall be an independent contractor of the City; NOW, THEREFORE, the parties hereunto agree as follows: (1) DUTIES OF THE CONSULTANT: The Consultant will provide all professional services necessary to carry out the scope of work presented in Consultant's proposal dated December 13, 1977, and incorporated herein by reference.. This work scope will include the seven (7) numbered tasks set forth in the proposal, and the un- numbered "optional task" described on page seven therein. " Ir, addition, the Consultant will arrange for and engage the servicds of a qualified subcontractor to csrq out the Engineering Survey described on page four of the proposal. In completing the work scope, the Consultant will provide the City with two (2) copies of a review draft version of the Final Report. the Cons:Lltant will then provide the City with ten (10) copies Following review of this draft by the City, of the final version of the Final Report. (2) DUTIES OF THE CITY The City will provide the use of the Agua Xedionda Lagoon police boat and a boat operator from time to the as may be necessary for the conduct of the Consultant's work. Tb,e City will make available to the Consultant ?gy document, studies, or other information in its possession related to the work. The City will make payment to the Consultant as provided for in this agreement, The City will review the draft version of the Final Report presented by the Consultant within fourteen (14) working make written comments this time period, I- (3) INITIATION AND COEPLETION Services described herein days of its receipt and to the Consultant within shall begin promptly following I written authorization by the City. The work scope referred to in Section (1) shall be completed insofar as practical in -2- accordance with the schedule set forth in the Consultant’s proposal, subject to modification by mutual. agreement betweer, 4 the City and the Consultant. The Consultant shall submit to the City the review draft version of the Final Report.witbin 90 days of the effective date of the agreement, The Consultant shall submit the Final Report within 30 days of completion of review by the City, 1 The above notwithstanding, it is understood that inclement weather conditions may delay the completion of field work. The Consultant will be allowed as many additional days as are necessar? to compensate for days lost due to inclement weather. (4) COMP3NSATlON Fees for the Consultant‘s labor in carrying out the work scope referred to in Section (1) of this agreement will be based on the Consultant’s standard hourly rates as set forth in Exhitit I of this agreement. Subcontracts and other direct costs (including mileage, reproduction, and long distance telephone) will be compensated for at cost plus a 10 percent Iiandling charge. (5) PAYMENT OF FEES The Consultant will submit monthly invoices for services rendered. Each invoice will specify the individual, the hours worked, the individual’s standard hourly billing rate, and total labor cost. Other direct costs will be itemized by category and documented by supporting information wherever - 3- reasonable. City w(il1 pay Consultant by check within 45 days of receipt of Ccnsultant's invoice. (6) NOT-TO-EXCEED FEE The not-to-exceed total fee for the work scope referred to in Section (1) above is $14,750. This is comprised of the following component figures: (a) $9,250. for the seven numbered tasks and one "optional task" described in the Consultant's proposal, (b) $5,000. for the Engineering Survey subcontract; and (c) . $500. for subcontract management. This $14,750. figure would not be exceeded by the Consultant r without specific written authorization by the City. - (7) CHANGZS IN THE SCOPE OF THE PROJECT If conditions beyond the control of the Consultant necessitate a change in scope of the project after work under Section (1) above has commenced, the Consultant shall submit his written estimate of increased costs to the City Xanager - for written approval prior to undertaking any additional work. (8) RESPONSIBILITY OF CONSULTANT The Consultant is employed herein to render a professional service only and any payments to him are compensation solely for such services as he may render and recommendations he may make in the course of this project. (9) OW?ERSHIP OF DOCUMENTS All maps studies sketches, work sheets and documents as -4- herein required are the property of the City whether the work for’wh’ich they are made be executed or not. In the event this contract is terminated, all documents, plans, work sheets, etc, shall be delivered forthwith to the City. (10) SUSPENSION OR TERLVINATION OF SERVICES The City shall have the right to terminate this agree- ment and the work done under it at any time without cause by giving the Consultant verbal notice as to termination date, to be confirmed by written notice of termination. In the event of termination, the Consultant shall be paid for.the work accorr,plished to the date of termination in accordance with Sections (4) and (5). f Upon request of the City, the Cor-sultant shall assemble - the work product and put the same in proper order for prsper filing and closing and deliver said product to the City. (11) HOLD HARMLESS The Consultant will indemnifythe City against and hold it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way connected - with the performance by Consultant of this. agreement, including the defense of any action arising therefrom, ~ (12) MAINTAIN INSURANCE Consultant shall, at all times that this agreement is in effect or the premises are occupi‘ed by Consultant, cause -5- to be maint ined in force and effect an insurance policy or policies will ifisure and indemnizy both City and Consultant or financial loss resulting from injuries occurring as a result of any acts or activity of Consultant. The such insurance policy shall be not less one person injured or $300,000 for any for property damage. The policy shall be written by a responsible company or companies to be approved by City, a d shall be noncancelable except on ten days’ written ity. Such policy shall name City as co-assured and a copy of uch policy shall be filed with the City Clerk. . i (13). - STATT~S -. OF CONSULTANT will perform ‘ihe services provided for as an independent contractor in pursuit an employee of the City; and not as of the City only- as to the result to project. (14) ASSI,GNMENT OF CONTRACT The Cbnsultant shall not assign this .contract or any part thereof o any monies due or I the prior written consent of PROI-~IBITED INTEREST No o ficial of the City and on be f alf of the City to to become due thereunder without the City Manager. c who is authorized in such capacity negotiate, make, accept or approve I -6- I this contri personally (16) VERB, No ve. or employe execution terms or o or convers whatsoever (17) EFFE - This year first t shall become directly or indirectly interested n this contract or any part thereof. I AGREEMENT OR CONVERSATION )a1 agreement or conversation with any officer, agent of the City, either before, during or after the i this contract shall affect or modify any of the -igations herein contained, nor such verbal agreement Zion entitle the Consultant to any additional payment inder the terms of this contract. FIVE DATE mtract shall be effective on and from the day and above written. -7- c and seals ATTEST: Approved i t"ESS WHEREOF, we have hereunto set our hands CITY OF CARLSBAD tY4L-, . Auams, City Clerk 3 to form: City At Y lrney BY DAVID D. SMITE AND ASSOCIATES 0 BY -8- EXHIBIT I DAVID D. SMITt Principal Engineer, Senior Tec Technicia~ Senior Clt Draftsman, Clerical BOX 1338, 0 AND ASSOCIATES ENVIRONMEP ]TAL CONSULTANTS DDS&A 77-160 December 13, 1977 DAVID D. SMITH AND ASSOCIATES STANDARD HOURLY BILLING RATES (Effective through June 30, 1978) RATS CATEGORY _c_ nvironmental Scientist $50.OO/hour riologist, Oceanographer $30.00/hour tnician $25,00/hour $20,OO/hour rical illustrator $18.00/hour $15,00/hour $13.OO/hour A JOLLA, CALIFORNIA 92038 TELEPHONE (774) 453-2210