HomeMy WebLinkAbout1979-03-06; City Council; Resolution 57031
2
3
4
5
6
7
E
9
1c
11
12
1:
14
If
1(
1:
1I
1E
2(
21
2:
2:
2L
2:
2t
2':
2t
a
RESOLUTION NO. 5703
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WOODSIDE/KUBOTA AND ASSOCIATES FOR CONSULTING PROFESSIONAL SERVICES FOR DEVELOPMENT OF A WATER MASTER PLAN FOR THE NORTHEAST QUADRANT OF THE CITY'S WATER SERVICE AREA.
lhe City Council of the City of Carlsbad, California, does hereby
resolve as foll ows:
1. That that certain agreement between the City of Carlsbad and
Woodside/Kubota and Associates for consulting professional services for
development of a water master plan for the northeast quadrant of the City's
water service area, a copy of which is attached hereto marked Exhibit "A"
and macle a part hereof, is hereby approved.
i!. That the Mayor of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of the City of
Carl sbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 6th day of March
1979, by the following vote, to wit:
AYES: Councilmen Packard, Anear, Lewis and
NOES: Counci 1 man S kotnic ki
Counci lwoman Cas1 er
ABSENT: None
ATTEST :
&?.?.A /fl&A ALETHA L. RAUTENKRANZ, City C1 erk
(Seal )
RONALD C. PACKARD, Mayor
'
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT FOR CONSULTING PROFESSIONAL SERVICES BETWEEN THE CITY OF CARLSBAD AND WOODSIDE/KUBOTA AND ASSOCIATES FOR DEVELOPMZNT OT A WATER MASTER PLAN FOR THE NORTHEAST QUADRANT OF THE CITY'S WATER SERVICE AREA.
THIS AGREEMENT is made this day of , 1979,
between the CITY OF CARLSBAD, a municipal corporation of the State of California
hereinafter referred to as CITY, and WOODSIDE/KUBOTA AND ASSOCIATES, a Calif-
ornia corporation, hereinafter referred to as CONSULTANT.
RECITALS :
klHEREAS, the Ci ty requires consul ti ng professional services for develop-
ment of a water master plan for the northeast quadrant of the City's water
service area; and
WIEREAS, the City has solicited proposals for this analysis;
and
WHEREAS, the Consultant has the experience and qualifications to make
these analysis; and
WEREAS, it is understood that the Consultant shall be an independent
contractor of the City;
IJOW, THEREFORE, the parties hereunto agree as follows:
(1) - DUTIES OF THE CONSULTANT:
'The Consultant wi 11 provide a1 1 professi onal services necessary to
carry out the scope of work presented in Consultant's proposal dated
January 31, 1979, and incorporated herein by reference.
will include the three (3) roman numbered tasks set forth in the proposal .
This work scope *
In completing the work scope, the Consultant will provide the City
with two (2) copies of a review draft version of the Final Report.
Following review of this draft by the City, the Consultant will then provide
the City with twenty (20) copies of the.Fina1 Report.
xx
<
1
2
3
4
5
6
7
8
9
10
13.
12
13
14
15
16
17
18
19
2c
21
22
23
24
25
26
27
28
0
(2) - DUTIES OF THE CITY:
The City will make available to the Consultant any
document, studies, or other information in ?ts
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 Consuitant within fourteen (14) working
days of its receipt and make written comments to the
Consultant within this time period.
(3) - INITIATlON AND COMPLETION
Services described herein shall begin promptly following
written authorization by the City. The work scope referred to in
Section (1) shall be completed insofar as practical in accordance with
the schedule set forth in the Consultant's proposal, subject to modifi-
cation by mutual agreement between the City and the Consultant.
The Consultant shall submit to the City the review draft
version of the Final Report within 105 days of the effective date of
the agreement.
15 days of completion of review by the City.
(4) - COllPEF4SATION
The Consultant shall submit the Final Report within
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.
and long distance telephone) will be compensated for at cost, plus a
15 percent administrative charge.
xx
Direct costs (including reproduction,
xx - 2-
2d . __ - ' .____^., 2 -. , _!... . . . i . . . i.r . . ..
1
2
3
4
5
6
7
8
9
3.0
11
12
13
14
15
JE
17
1E
1s
2c
21
22
22
24
2:
2E
27
28
(5) - PAYMENT OF FEES
The Consultant wi
rendered. Each invoice wil
1 submit monthly invoices for services
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 reasonable.
City will pay Consultant by check within 45 days of receipt
of Consultant's invoice.
(6) - NOT-TO-EXCEED FEE
The not-to-exceed total fee for the work scope referred to
in Section (I) above is $5,500.
This $5,500 figure would not be exceeded by the Consultant
without tjpecjfic written authorization by' the City.
(7) MlVGES 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 hi s written estimate of increased
costs tcr the City Manager for written approval prior to undertakjng any
addi ti orial work.
(8) ~iPOHSf5ILITY 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) - OhlNERSHIP OF DOCUMENTS
All maps, studies, sketches, work sheets and documents as
herein required are the property of the Ctiy whether the work for which
they are made be executed or not. In the event this contract is terminated,
-3-
1
2
3
4
5
6
7
8
9
10
21
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0
all docurrients, plans, work sheets, etc. shall be delivered forthwith to
the City.
(10) - SUSPENSION OR TERMINATION OF SERVICES
The City shall have the right to terminate this agreement 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 termi iia ti on.
In the event of termination, the Consultant shall be paid for
the work accomplished to the date of termination in accordance with
Sections (4) and (5).
Upon request of the City, the Consultant shall assemble the
work product and put the same in proper order for proper filing and
closing and deliver said product to the City.
(11) I HOLD HARMLESS
The Consultant will indemnify the 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 occupied by Consultant, cause to be maintained in
force and effect an insurance policy or policies which will insure and
indemnify both City and Consultant against liability or financial loss
resulting from injuries occurring to persons or porperty in or about the
premises or occurring as a result of any acts or activity of Consultant.
The liability under such insurance policy shall be not less than $100,000
-4-
1
2
3
4
5
6
7
I!
9
10
11
12
13
14
. 15
16
37
18
19
20
21
22
23
24
25
26
27
2%
e 0
for any one person injured or $300,000 for any one accident and $50,000
for property damage. The policy shall be written by a responsible
company 01- companies to be approved by City, and shall be noncancelable
except on ten days' written notice to City.
City as co-assured and a copy of such policy shall be filed with the
City Clerk.
(13) I_ STP,TUS OF CONSULTANT
Such policy shall name
The Consultant will perform the services provided for herein
in his own way as an independent contractor in pursuit of his independent
calling and not as an employee of the City; he shall be under the control
of the City only as to the result accomplished and personnel assigned to
project.
(14) ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part
thereof or any monies due or to become due thereunder without the prior
written consent of the City Manager.
(15) - PROHIBITED INTEREST
No official of the City who is authorized in such capacity
and on behalf of the City to negotiate, make, accept or approve this
contract shall become directly or indirectly interested personally in
this contract or any part thereof.
(16) - VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent
or emp'loyee of the City, either before, during or after the execution
of t.his contract shall affect or 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 .
-5-
,
I
1
2
3
4
5
6
7
a
9
1c
11
1:
12
14
If
lt
1'
11
l!
21
2:
2<
2
2
2
2
2
2
0 0
(17). EFFECTIVE DATE
This contract shall be effective on and from the day and year
first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals .
CITY OF CARLSBAD
ATTEST :
BY
WOODS I DE/ KUBOTA AND ASSOCIATES
Approve'd as to form: a VINCENT
W City Attorney
-6-