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HomeMy WebLinkAbout1981-01-20; City Council; Resolution 6432t 1 Y k '* 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 RESOLUTION NO. 6432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BERNARD J. O'NEILL, P.E. FOR CONSULTING SERVICES RELATIVE TO THE CONVERSION OF STREET LIGHTS TO HIGH PRESSURE SODIUM VAPOR LIGHTS. THE CITY COUNCIL of the City of Carlsbad, California, does hereby resolve as fol lows: 1. That an agreement between the City of Carlsbad and Bernard J. O'Neill, P.E. for consulting services relative to the conversion of city- owned street lights to high pressure sodium vapor, a copy of which is attached hereto marked "Exhibit A" and made a part hereof, is hereby approved. 2. The Council finds that these services are of a specialized nature and fall within the provisions of Article 3.28.090(3) of the Carlsbad Municipal Code and competitive bidding procedures are hereby dispensed with. 3. 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. xx xx xx xx XX xx xx xx xx xx 1 % i 1 2 3 4 5 6 7 8 9 10 11 12 1: 14 If 1E 17 1E 19 2c 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 20th day of January , 1981, by the following vote, to wit: AYES: NOES : None Council Members Packard, Casler, Anear, Lewis and Kulchin ABSENT: None ATTEST: (SEAL) -2- .. '. .. (L;REEMENT FOR CONSULTANT. SERVICI) I c THIS AGREEMENT is made this Rddi, day of l)b IJYARY , 1981, .. .I between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and BERNARD J. O'NEILL, / I' Professional Engineer, hereinafter referred. ,to as 'CONSULTANT. REC I TALS : WHEREAS, the City requires consulting services to conduct a technical audit, prepare a loan application, develop plans and specifications and monitor contract performance for the conversion of street 1 ights and other City owned outdoor lights for the conversion frqm me'rcury vapor to high pressure sodium vapor; and WHEREAS, the Consultant has the experience and qualifications to make * I .I, * . 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 i- (1) DUTIES OF THE CONSULTANT: ,* The Consultant will provide a1 1 professional services necessary to I carry out the scope of work presented in the Consultant's proposal dated December 3, 1980 and incorporated herein by reference. The scope of work will include preparation of'3he City's application for a loan pursuant to the Energy Conservation Assistance Act of 1979. (2) DUTIES OF .THE CITY: (a-) The City will make available to the Consultant any document, studies, or other information in its possession relating to the work. . .. .. -. .. . 1. (6) The City provide.such other as is necessary to complete the project in a timely manner. The City will make payment to the Consultant as provided for in this agreement. f L 4 (c) *. ,< *, I . ;! , .. " -. (3) INITIATION AND COMPLETION: * Services described herein shall begin promptly following written authorization by the City. Preparation of the loan application will be completed no later than February 19, 1987 in order to have it approved and forwarded to the State of California by March 15, 1981. The remainder of the work will be completed in accordance with the schedule developed as a result of contracting for and completion of the'.cdniersion program. (4) COMPENSATION: .. . Fees for the Consultant's labor in carrying but, this work will be I based on the 'Consultant's standard hourly rates as set forth in his proposal of December 3, 1980. , B .. Direct costs (including mileage;.:reproduction and long distance telephone calls) will be compensated at cost plus a ten per cent handling charge. *. 1: I ,. .. d t (5) PAYMENT OF FEES: .. The Consultant will submit monthly invoices for services rendered. Each invoice will specify t6e individual, the hours worked, the individual standard hourly billing rate and total labor cost. Other direct costs will be itemized by category and documented by supporting information whenever reasonable. t City will pay Consultant within 45 days of receipt of.Consultant's -. I -.-.. .jnvoice. \ -. .I . -.. t .' 8 - 2 -., . *. ,, . . * (6) NOT-TO-EXCEED @ : .. 0 The not-to-exceed total fee for the work performed under this agree- 8 ment will not be more than $10,000. the Consultant without specific written authorization by the City. This amount will not be exceeded by c- .L I , .. b' / i! *. (7) CHANGES 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 Manager for written approval prior to undertaking any additional work. . . . ___. ~ *..- .. - (8) RESPONSIBILITY OF CONSULTANT: The 'Consul tant is employed herein to render .a professional service only and any payments to him are compensation'solkly for such services as,. If ~ he may render* and, recommendations he.may make in the course of this project, 8 .. 5 e. (9) OWNERSHIP OF DOCUMENTS : _- . All maps, studies, sketches, work sheets and documents as herein required are the property 0.f the City whether the work for which 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 4 .. City. i work SUSPENSION OR TERMINATION OF SERVICES: The City shall have the right to terminate this agreement and the done under it'at any time without cause by giving the Consultant I verbal notice as to termination date, to be confirmed by written notice *. L --.. -.. of termination. ' -.In the event of termination, the Consultant .shall be paid for the ' .I I. I -. .. 3 . work accomplished tohe date of terminationljn accoance with Sections .. (4) and (5). Upon request of the City, the Consultant shall assemble the work ,I -, !. product and put the same in proper order for proper fil ing and closing and deliver said product to the City. , .I '1 ' i (11) HOLD HARMLESS: The Consultant will indemnify the City against and hold it harmless i * a. . from a17 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 arisi'tig therefrom.'. (1 2) MAINTAIN INSURANCE.: Consultant shall, at all times that this agreement is in eff6ct or.,,, the premises are occipied by Consultant, cause to be m?in.tained in force . and effect an insurance policy or policies which will insure aid indemnify both City and Conshl tant against 1 i abil i ty or financial loss rresul ti ng from injuries occurring to persons or property in or about the premises or .occurring as a result of any acts or acttvity of Consultant. liability under such insurance pol'icy shall be not less than $100,000 for any one person injured or $300,000 for any one accident and $50,000 for I * The 1. 1 I property damage. The policy shall be written by a responsible company or companies to be approved by City, and shall be noncancelable except on ten days written notice to City. Such policy shall name City as co-assured and a copy of such policy shall be filed with the City Clerk. . 1 (1 3) STATUS OF CONSULTANT: -1 , l-.. .. . .I The Consultant will perform the services provided for herein in his ' > .. , . '. - 4 -,' .. .. ... " I .I . \r * own way as an indep 9 dent contractor in pursuit of independent .. call i ng 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. 4 I. 1- .. < . . b.' I '/ ;! (1 4) ASSIGNMENT OF CONTRACT: *. The Consultant shqll not assign this.contract or any part thereof or any monies due or to become due thereunder without the prior written con- sent of the City Manager. PROHIBITED INTEREST: No official of the City who is authorized in such capacity and on .- *.e 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, abent or employee of the City, either before;'during or, after. the exe'cution of this b I contract shall affect or modify any of the terms or obligations herein con- tained, nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the .terms of this contract. a. 4 . .. (1 7) EFFECTIVE DATE : This contract shall be effective on and from the day and year first above written. .. ... . # IN WITNESS WHERE0F;we have hereunto set our hands and seals. .. .I I. , . 9' .,f t CITY OF CARLSBAD ATTEST : BY BERr1ARD.J. O'NEILL -Approved as to form: Profess tonal Engineer .. .. . .I , .. 6 ', 'I 1 .. 4. .. f. . . .. i i' . .. . I .. . . '. I .