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HomeMy WebLinkAbout1983-04-05; City Council; Resolution 7172'b T I I I I 4 I 1( 11 12 1: 14 1E 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BE- THE CrrY OF GAI7IsBAD AND BE- AND STEPHENSON, INC. FOR THE PREPARATION OF PIAX AND SPECIFIWIONS FOR THE DESIGN OF WATERLINE IMPROVEMENTS. The City Council of the City of Carlsbad, California, does hereby resolve 3s follows: 1. That certain agreemnt between the City of Carlsbad and Berryman and ;tephenson, Inc. for preparation of Plans and Specifications for tk design for Jaterline Replacemnt on Pi0 Pic0 and Highland Avenue, a copy of which is ittached hereto and incorporated herein by reference, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized arad directed tc :=cute said agreerent for and on behdlf of the City of Carlsbad. PASSED, APPWVED AND ADOPTED at a regular meeting of the City Council of he City of Carlsbad held the rote, to wit: 5th day of April , 1983, by the following AYES: NOES: None Council Wrs Casler, Lewis, Kulchin, Chick and Prescott ABSENT: None MARYH. R, Mayor YEST: AGREEMENT FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR WATERLINE REPLACEMENTS THIS AGREEMENT, made and entered into as of the 6%' day Of Ai??,/ municipal corporation, hereinafter referred to as "City," and BERRYMAN 19x3 , by and between the CITY OF CARLSRAD, a AND STEPHENSON, INC.,a civil engineering firm, hereinafter referred to as "Consultant." RECITALS City requires the services of an engineering consulting firm to provide the necessary engineering services for preparation of final plans and specifications for the Waterline Replacements; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant aqree as follows: I. CONSULTANT'S OBLIGATIONS (A) Scope of Work The Consultant shall prepare the plans, specifications and bid documents for the construction of the Waterline Replacements in Pi0 Pic0 from Las Flores to 500 North of Yourell Ave. and on Highland from Pine to Basswood Avenues. In addition, all existing facilities requiring 'removal, redesiqn or restoration due to project construction shall be included in the contract. (B) Procedure The Consultant shall submit a complete civil design package which shall consist of the following: 1. All surveys necessary to obtain precise and clear locations of the construction. Rights- of-way shall be located precisely in relationship to the control line used. 2. Utility research and tentative disposition or relocation of any interfering utilities. 3. Outline of design alternatives and cost-saving measures and t preliminary layout plan of the various alternatives. 4. Complete calculations for the design of the waterline. 5. A complete set of reproducible plans and specifications in accordance with City requirements. Drawings shall be neat and legible with dimensions to all installations. Details should provide for clear and definite manner of installation. Type, grade, and quality of all materials required should be clearly indicated. 6. Plans and specifications shall be certified as to correctness, and signed by a registered civil engineer and R.C.E. number provided. 7. The following items should appear on the final drawings (this list is indicative, not exhaustive): a. A plan and profile of the waterline reconstruction work. b. Interfering utilities with current ownership and disposition. c. Trenching detail and pavement restoration. 8. Specifications shall be provided in conformance with appropriate CSI Standards and the 1982 edition of Standard Specifications for Public Works Contracts and Caltrans Standards applicable. 9. Provisions for staged construction, if any are required. 10. Final quantity and cost estimate. 11. Hydraulic calculation to justify capacity from Master Plan Data. 12. All plans and specifications and submitted items shall be developed in a form satisfactory to the City. 11. CITY'S OBLIGATIONS The scope of City staff responsibilities shall be as follows: (a) Supply the preliminary design data and specifications for reference only. (b) The City will make available upon request any documentary record or existing right-of-way data available to it. (e) Blank mylars for this project shall be supplied by the City. (a) Provide review of consultant's submittal in accordance with the agreed schedule. (e) Provide payment of approved invoices within 30 days of approval. I11 PROGRESS AND COMPLETION The work (designated as the civil design package) under this contract will begin within ten days after receipt of notification to proceed by the City and be completed within one month of that date. The Consultant has prepared a critical path schedule which is attached hereto a5 Exhibit A and made a part of the scheduling of this Project. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Engineer. In consideration of such requests of extension of time, the City Engineer will give allowance for documented and substantiated unforseeable and unavoidable delays not caused by lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely act ion. IV. FEES TO BE PAID TO CONSULTANT The lump sum fee payable according to paraqraph V shall be $5,872. No other compensation for services will be allowed except those items covered by supplemental agreements per paragraph VII, Changes in Work. V. PAYMENT OF FEES The Consultant shall be entitle6 to 90% payment of lump sum fee for the civil design package at the time of approval of the civil design package. The remaining 10% shall become due and payable at the completion of the construction of Project, but no later than one year from date of approval of the final design providing all work under this agreement is completed and approved by Engineer, VI. FINAL., SUBMISSIONS Within 10 days of the approval of the final design package, the Consultant will deliver: (a) Original mylars at scale of the drawings reproducible on standard 24" by 36"sheets. Quality of mylars submitted shall be subject to the approval of the City. (b) All final engineering certificatons and documents. The plans shall be signed and certified to correctness by a registered civil engineer. (c) Copies of the specifications in a form suitably bound and on white paper. A reproductible reduced set of drawings shall be bound into the set of specificatons. VII. CHANGES IN WORK If, in the course of this contract and design changes seem merited to the Consultant or to the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. thereupon, has five 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 acceptable in compliance with the scope of workand of worth to the City in having the contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the contract. Final payment shall be in compliance with the Code of Federal Regulations. XII. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operatinq under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider a 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. VII'I. DESIGN STANDARDS The Consultant shall prepare the plans and specifications in accordance with the design standards of the City of Carlsbad, and recognized current design practices. Applicable City of Carlsbad standards and regional standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. IX. COVENANT AGAINST CONTIGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or aqreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the aqreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. X. NONDI SCRI MIN AT1 ON CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. XI. TERMINATION OF 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 contract. The Consultant, XII'I . RESPONS1,BILITY OF THE CONSULTANT The Consultant is hired to render professional services of designing and providing drawings for bridge and street design, any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications and estimates furnished with Registered Civil Engineer's number, or landscape Architect's registration number. XIV. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tender- ing 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 put same in order for proper filing and closinq and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. XV. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. XVI. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary for the design of this project. The city will provide copies of the approved plans to any other agencies. XVIL. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. copy of the plans for his/her records. XVIII .HOLD HARMLESS AGREEMENT Consultant shall have the right to make one The City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant's agents, employees or representatives. Consultant agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing L liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. XIX. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. XX. SUBCONTRACTING I If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly 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 of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. XXI. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply contractor, or any subcontractor 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 indirectly interested personally in this contract or any part thereof. XXII. 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 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. XXIII.SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph XVIII, Hold Harmless Agreenent, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. XXIV. EFFECTIVE DATE This agreement shall be effective on and from the day and year’ first above written. 13 .. XXV. CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the City Clerk of the City of Carlsbad. report investments or interests in real property within the jurisdictional limits of the City of Carlsbad. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD The Consultant shall BERRYMAN and STEPHENSON, INC. ATTEST: City Clerk