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HomeMy WebLinkAbout1979-11-20; City Council; Resolution 599427 28 RESOLUTION NO. 5994 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, INC. FOR CONSULTING SERVICES RELATIVE TO THE INTERNAL RECOATING OF THE ELLERY RESERVOIR. WHEREAS, it is necessary to retain special engineering skills to review specifications, inspect the work during progress and approve completion of work and, WHEREAS, Carlsbad Municipal Code, Section 3.28.140 allows the City Council to authorize the purchase of highly technical services by competitive negotiations and, WHEREAS, the firm of Woodside/Kubota and Associates has submitted a proposal in writing to perform the required services and, WHEREAS, the firm of Woodside/Kubota and Associates has previously performed similar services for the City in a highly professional and competent manner, NOW, THEREFORE, the City Council of the City of Carlsbad, California does hereby resol ve as f ol 1 ows : 1. That a certain agreement between the City of Carlsbad and ldoodside/Kubota and Associates, Inc. for consulting services relative to the interior recoating of the Ellery Reservoir, a copy of which is attached hereto marked Exhibit "A" and made a part hereof is hereby approved. 2. 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 s bad. I xx xxx 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 30th day of November , 1979 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None Councilwoman Casler ABSENT: None ATTEST: (SEAL -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 2c 21 22 22 24 25 26 27 28 Exhibit ''A" to 0 0 Resolution 85994 AGREENERT FOR CONSULTING ENGINEERING SERVICES BETWEEN TKE CITY OF CARLSBAD AND WOODSIDE/KUBOTA AND ASSOCIATES, INC. FOR APPROVAL OF SPECIFICATIONS, REVIEW.OF BIOS AND INSPECTION AND ACCEPTANCE OF WORK FOR THE - IiJTERNAL RECOATING OF THE ELLERY RESERVOIR. THIS AGREEKENT made and entered into this day of S 1979, by and between the CITY OF CARLSBAD, a municipal corporation of the State of Cal ifornia, hereinafter referred to as "City" and WOODSIDE/KUBOTA AND ASSOCIATES, INC., a California corporation, hereinafter referred to as "Engineer" . WITNESSETH: WHEREAS, the City has determined by visual inspection the 5.0 MG mter reservoir located at the end of Janis Way in the City and known as "Ellery" is in need of internal refurbishment and coating; and WHEREAS, a refurbishment project was approved for work in the FY79-80 Budget, and; WHEREAS, it is necessary to retain special engineering skills to review specifications, inspect the work during progress and approve completion of the work, and; WHEREAS, the firm of Woodside/Kubota and Associates has submitted a proposal in writing to perform the required services; and WHEREAS, it is desirable that the City retain the services of Woodside/Kubota and Associates as consulting engineers to perform the services in the manner, at the tine and for compensation at the rates set forth herein; NOW, THEREFORE, the parties hereunto agree as follows: 1. Scope of Engineering Services: Engineer agrees to perform those services specified in this Agreement and in Exhibit "A", which is attached to and by thfs reference made a part of this Agreement. xx 1 2 '3 4 5 6 7 8 9 10 3.1 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 27 28 2. - Compensation: Compensation for the engineering services shall be computed on the basis of the attached fee schedule as approved by the Director of Utilities & Maintenance. Payments will be made monthly based on billing charges by Engineer. and acceptance of the project. Final payment will be made after final completion 3. Scope of City Staff Assistance: The City will make available to the Engineer its pertinent recordsg data and reports. 4. Responsibility of the Engineer: The Engineer is employed herein to render a professional service only and any payments made to him are compensation solely for such services as he may render and recommendations he may make in the course of the project. The Engineer makes no warranty, either expressed or implied, as to his findings, recommendations, or professional advice, other than they were promulgated after following a practice usual to the engineering profession. I 5. Suspension of Services or Termination of Agreement: The City, for any reasons may by written notice postpone or suspend all or any part of the engineering services aut.horized under this Agreement, or by written notice may terminate the entire Agreement. or termination, Engineer shall have the right to expend additional time to In the event of such suspension assemble the work in progress for the purpose of properly closing the job. Such additional time shall not exceed tem percent of the total time expended on the portion of the project affected by such notice of suspension or termination before the receipt thereof. 6. Status of Engineer: The Engineer will perform the services provided for herein in its own way as an independent contractor and in the pursuit of its independent calling, and not as an employee of the City; and it shall be urrder the control of the City only as to the result to be acccmpl i shed . -2- 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 37 28 0 0 7. Conformity to Legal Requirements: The Engineer shall cause all recommendations to conform to all applicable requirements of law: State and Local, to a71 requirements of all bodies formed under Federal, State or Local law whose approval must be obtained. Federal, 8. Ownership of Documents: Any plans, studies, sketches, drawings or specifications supplied, as herein required, are the property of the City. specifications and drawings shall be delivered forthwith to the City. In the event this contract is terminated, any documents, plans, 9. Hold Harmless Agreement: The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines or for any damage to goods, properties or effects of any person whatever, or for personal injuries to or death of them, or any of them, caused by or resulting from or claimed to have been caused by or resulting from any act or omission of Engineer, or its agents, employees or representatives. harmless the City and its authorized agents, officers and employees against any of the foregoing liabilities and claims therefor, and any cost and expense that is incurred by the City on account of any claim therefor. Engineer further agrees to indemnify and save free and 10. Assignment of Contract: The Engineer 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. 11. Subcontracting: If the Engineer shall subcontract any of the work to be performed under this contract by Engineer, the Engineer shall be fully responsible to the City for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Engineer and the City. The Engineer shall bind -3- .I 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 0 every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 12. 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, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory or other similar ‘functions in connection with the performance of this contract shall become directly or indirect7y interested personally in this contract or any part thereof. 13. Verbal Agreement or Conversation: No verbal agreement or conversation with any officer, agent or employee of the City, either before, during, or after, the execution of this contractg shall affect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the Engineer to any additional payment whatsoever under the terms of this contract. 14. Successors or Assigns: Subject to the provisions of Paragraph No. 11 above, 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, su%cessors and assigns. 15. Application of ASCE Manual No. 45: Applicable provisions of American Society of Civil Engineers Manuals and Reports on Engineering -4- 1 2 3 4 5 6 7 8 9 ZC 11 12 1: 14 1: 1t 1: It 0 0 ractice No. 45 shall apply to all matters not otherw ,greement. se covered by this 16. Effective Date: This contract shall be effective on and 'rom the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. rTTEST CITY OF CARLSBAD \PPROVED AS TO FORM WOODSIDE/KUBOTA & ASSOCIATES, INC. BY BY - 5- BUDGET ESTIMATE FOR ELLERY RESERVOIR PROJECT CITY OF CARLSBAD TASKS 1. Review of Specifications 2. Bidding and Award of Contract 3. Inspection Services at Job Site 4. Final Inspection & Acceptance of Project Contingencies ESTIMATED TOTAL COST ESTIMATED TIME AND RATE 4.00 Hrs 8 $60.00 3.00 Hrs.8 $40.00 6.00 Hrs 8 $28.00 2.00 Hrs 8 $16.00 1.00 Hrs 8 $60.00 4.00 Hrs 8 $40.00 6.00 Hrs 8 $28.00 2.00 Hrs 8 $16.00 10.00 Hrs 8 $60.00 190.00 Hrs'@ $27.00 5.00 Hrs @ $60.00 5.00 Hrs 8 $27.00 Sub-Total COST $240.00 120.00 168.00 32.00 60.00 160.00 168.00 32.00 600.00 5,130.00 300.00 435.00 $7,145 .OO 855.00 $8,000.00 NI SCHEDULE OF HOURLY FEES FOR ENGINEERING SERVICES ARY 1, THROUGH DECEMBER 31, 1980 Professional Consul tations (Principal) Senior Project Engineer Project Engineer Project Manager Registered Engineer Design Engineer Licensed Surveyor Resident Engineer Assistant Engineer Field Inspector Drafting and Calcul Non-Technical ti ons Mileage Rate - $0.20 per mile Reproductions and outside specialists - cost plus 10% $60.00 $55.00 $48.00 $48.00 $40.00 $34.00 $34.00 434.00 $28.00 $27 .OO $25.00 $16.00 Exhibit "A" page 3 8 SCHEDULE OF HOURLY FEES JANUARY 1, THROUGH DECEMBER 31,1979 FOR E NG I N E ER I NG S E RV I C E S Professional Consul tations (Principal ) $55.00 Senior Project Engineer $50.00 Project Engineer t $44.00 Project Manager Registered Engineer Design Engineer Licensed Surveyor Resident Engineer . Assistant Engineer Field Inspector Drafting and Calculations Non-Technical .. Mileage Rate - $0.18 per mile Reproductions and outside speci>list - cost plus 1 $44.00 $38.00 $33.00 $33.00 $33.00 $27.00 $26.00 $22.00 $16.00 %