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HomeMy WebLinkAbout1984-10-02; City Council; Resolution 7771RESOLUTION NO. 7771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT CONSULTANTS FOR PRELIMINARY ENGINEERING SERVICES AND APPROPRIATING FUNDS FOR THE CARLSBAD STATE BETWEEN THE CITY OF CARLSBAD AND WOODWARD-CLYDE BEACH BLUFF PROTECTION. - PROJECT NO. 3185 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Woodward-Clyde Consultants for preliminary engineering services for the Carlsbad State Beach Bluff Protection Project, a copy of which is attached hereto and incorporated herein by reference as Exhibit A, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 3. Funds in the amount of $44,830 are hereby appropriated from the General Capital Construction Unappropriated Fund Balance to the Carlsbad State Beach Bluff Protection Project, account number 001-820-1819-3185. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the - 2nd day of October 9 1984, by the following vote, to wit: AYES: Council ws Casler, Lewis, Chick and prescott NOES: None LJL ABSENT: Council W.n&r Kulchin MARY H. &jLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Cler& &/@& (SEAL) r AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES FOR THE CARLSBAD STATE BEACH BLUFF PROTECTION STUDY THIS AGREEMENT, made and entered into as of the 2qf4 day of OcroBER , 1984, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as trCity,lt and WOODWARD-CLYDE CONSULTANTS hereinafter referred to as "Consultant .It RECITALS City requires the services of an engineering consultant to provide the necessary preliminary engineering services for preparation of a description - including drawings - and a cost estimate of a proposed bluff protection seawall to be located along Carlsbad Boulevard and the Carlsbad State Beach between Oak Avenue and 800 feet south of Tamarack Avenue (approximately 4,400 feet in length); 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 agree as follows: 1. CONSULTANT'S OBLIGATIONS Consultant shall perform the work contained in the Scope of Work attached to this agreement as Exhibit A and made a part hereof. 1 2. CITY’S OBLIGATIONS City shall: a. Provide a copy of existing topographic maps which are available in City’s files. b. Provide a copy of any pertinent survey notes. c. Provide blank mylar drawing sheets to be used by Consultant for plan and profile of project. d. Provide one copy of the City of Carlsbad Standards. 3. PROGRESS AND COMPLETION The work under this contract will begin immediately upon receipt of notification to proceed by the City and be completed in accordance with the Project Schedule attached as Exhibit B. Extensions of time may be granted if requested by Consultant and agreed to in writing by City Engineer. In consideration of such requests, City Engineer will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONSULTANT PHASE WORK DESCRIPTION FIXED FEE I Agency Contacts and Identification $ 1,850.00 of issues I1 Field Investigation, Office Studies 12,000.00 and Survey I11 Preliminary Design 6,250.00 2 IV Task No. 11 - Final Report (15 copies) 1,500.00 SUBTOTAL - FIXED FEE $21,600.00 PHASE WORK DESCRIPTION NOT TO EXCEED FEE V Task No. 11 - Extra Copies of Report 500.00 Task No. 12 - Consultations at $75.00 1,500.00 per hour Task No. 13 - Meetings with presentations at $600.00 each 1,200.00 SUBTOTAL NOT TO EXCEED $ 3,200.00 TOTAL FEE NOT TO EXCEED $24,800.00 No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, “Changes in Work . It 5. PAYMENT OF FEES After completion of all tasks and submission of all required items in Phases I and I1 and after meeting with City staff, Consultant may submit an invoice for a progress payment for Phases I and 11. Upon approval by the City Engineer, payment will be made for Phases I and 11. After completion of all tasks and submission of all items required in Phase 111 and upon submission of 15 copies of the final report, Consultant may submit an invoice for Phase 111 and Task No, 11. Upon approval by the City Engineer, payment will be made for Phase 111 and Task No, 11. 3 Payment for the remainder of any work requested by City will be upon the approval of the invoice by the City Engineer. 6. FINAL SUBMISSIONS All subm2ssions by Consultant shall be as stated in Exhibit A, Scope of Work. 7. CHANGES IN WORK If, in the course of this contract and design, changes seem merited by Consultant or City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, Consultant or City may request a change in contract. Such changes shall be processed by City in the following manner: A letter outlining the required changes shall be forwarded to 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 City and approved by City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by Consultant or City shall be ordered by City Engineer who will inform a principal of Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. a. DESIGN STANDARDS Consultant shall prepare the plans and specifications in accordance with the design standards of City of Carlsbad and recognized current design practices. Applicable City of Carlsbad standards and regional standards shall be used where appropriate. 4 8 Copies of such standards shall be obtained from City of Carlsbad. 9. COVENANTS AGAINST CONTINGENT FEES Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed 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, City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee, 10, NONDISCRIMINATION CLAUSE Consultant shall comply with the State and Federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, City may terminate this contract for nonperformance by notifying Consultant by certified mail of the termination of the contract. Consultant, thereupon, has five working days to deliver said documents owned by City and all work in progress to City Engineer. City Engineer shall make a determination of fact based upon the documents delivered to City of the presentage of work which Consultant has performed which is usable and of worth to City in having the contract completed. Based upon that finding as reported to City Council, the Council shall determine 5 the final payment of the contract. 12. 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 operating under the provisions of this contract, shall be reduced to writing by the principal of Consultant or 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. 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 City Council for their resolution through the office of City Manager. City Council may then opt to consider the directed solution to the problem. In such cases, the action of City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies a)lailable to them at law. \r 13. RESPONSIBILITY OF CONSULTANT Consultant is hired to render professional services of designing and drawings for a preliminary engineering study for the Carlsbad State Beach Bluff Protection Project and 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. 6 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering 30 days written notice to the other party. In the event of such suspension or termination, upon request of City, Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. City shall make the final determination as to the portions of tasks completed and the compensation to be made. 15. STATUS OF CONSULTANT 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 City. Consultant shall be under control of City only as to the result to be accomplished and the personnel assigned to the project, but shall confer with City as provided for in the Scope of Work. 16. CONFORMITY TO LEGAL REQUIREMENTS 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. City will provide copies of the approved plans to any other agencies. 17. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of City, whether 7 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 City. Consultant shall have the right to make one copy of the plans for his/her records. 18. HOLD HARMLESS AGREEMENT 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 omission of Consultant or -8 Consultant's agents, employees or representatives. Consultant agrees to defend, indemnify and save free and harmless 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 City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liabiliity or claim is due, or arises out of, solely to the City's negligence. 19. ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of City. 20. SUBCONTRACTING If Consultant shall subcontract any of the work to be performed under this contract by Consultant, Consultant shall be fully responsible to City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly 8 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 City. 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 City. 21. PROHIBITED INTEREST No official of City who is authorized in such capacity on behalf of 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 City who is authorized in such capacity and on behalf of 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. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of 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 Consultant to any additional payment whatsoever under the terms of this contract. 9 23. SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph (181, Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall b-ind each- of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 25. CONFLICT OF INTEREST Consultant shall file a conflict of interest statement with City Clerk of City of Carlsbad. Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WOODWARD-CLYDE CONSULTANTS CITY OF CARLSBAD APPROVED AS TO FORM: As&.stant C5.tty Attorney Mayor ] ATTESTED: City Clerk' 10 EXHIBIT "A" ATTACHMENT TO AGREEMENT BETWEEN CITY OF CARLSBAD AND WOODWARD-CLYDE CONSULTANTS SCOPE OF WORK Consultant shall perform all work as contained in this Scope of Work. Phase I - Agency Contacts and Identification of Issues Task No. 1 Task No. 2 Task No. 3 Establish liaison with City of Carlsbad. Meet with City personnel and obtain available information and identify specific contacts in various state and federal agencies. Review requirements and information needed for this site for the Environmental Impact Report and applications for funding and for permitting. consultant when they start their work. Establish liaison with the City of Carlsbad's EIR Contact key personnel and obtain preliminary information from the various agencies, including California Coastal Commission, California Department of Boating and Waterways, U. S. Army Corps of Engineers, California State Right-of-way and California Fish and Game. Upon completion of Phase I and based on the information gathered during Tasks 1 through 3, Consultant shall summarize, prepare and submit the following to the City: a. List of governmental Agencies and their requirements and conditions. b. List of information needed for the EIR. c. List of permit requirements. d. List of information needed for funding applications. e. Assessment of possible issues. Phase 11 - Field Investigations and Office Studies Task No. 4 Review of all available information and comments in Consultant's files and other sources in regard to site conditions, on-shore and off-shore topographic data, geology and geotechnical information, coastal design information and history of erosion and damage to this segment of the coastline. Task No. 5 Field check existing site conditions and obtain existing beach profiles. Task No. 5A Task No. 6 Task No. 7 Perform a cross section survey of the bluff at six locations along the proposed project. Perform limited shallow geotechnical investigation, including both geologic reconnaissance and shallow test borings or test pits. geologic reconnaissance will: consist of a visual examination of local soil and geologic conditions, and of the beach for existing erosion. A limited number of shallow test borings or test pits would be made along the anticipated alignment for the seawall to evaluate bedrock conditions. Classification and index property tests will be made on selected soil samples obtained from the borings. The Prepare preliminary Coastal Engineering Design Criteria. data for tidal ranges, storms, wave characteristics and beach slopes obtained from the Corps of Engineers, City of Carlsbad, the California Coastal Data Collection Program, Deep Water Wave Statistics, the California Department of Boating and Waterways and other technical references will be evaluated and used to develop coastal engineering design criteria. Coastal Upon completion of Phase I1 and based on the information gathered during Tasks 4 through 7, Consultant shall prepare and submit, to the City, preliminary engineering design criteria which will include the following: a. Description of the area and the erosion problem. b. Preliminary topographic data for design, cross sections at six locations and one copy of all survey notes. c. Preliminary geotechnical data for design. d. Preliminary coastal engineering data for design. Also, upon completion of Phase 11, Consultant shall meet with City Staff to review recommendations and work performed to date. Phase 111 - Preliminary Design During this phase Consultant shall evaluate possible alternate designs, check costs, and review and incorporate regulatory issues. Consultant shall work closely with the City so as to reach a rapid consensus on the most favored design alternatives which will be carried to a preliminary design stage. Task No. 8 Make preliminary evaluation of three possible alternative designs: 1. An all stone seawall (revetment), 2. A structural vertical seawall, and 3. A combination lower stone revetment with an upper s t ructural/ret aining wall. Upon completion of Task No. 8, Consultant shall meet with City Staff to discuss alternatives and recommendations and determine the alternative to be selected for the preliminary design. Task No. 9 Prepare typical sections, plan and proflle for the selected seawall alternative. Prepared typical concept design for beach accessways, if required. Prepare preliminary cost estimate for the anticipated project. This would include supervision and administration, engineering and design, seawall construction, beach accessways, construction of utility improvements and site grading. Task No. 10 Upon completion of Phase I11 and based on the work preformed in Tasks 8 through 10, Consultant shall prepare and submit to the City the following: a. A description of the proposed seawall. b. Originals of preliminary drawings of the construction. c. An estimate of total project costs. Also, upon completion of Phase 111, Consultant shall meet with City Staff to discuss and review the work to date and receive comments from City. Phase IV - Final Report and Assistance With Preparation Of EIR And Applications Task No. 11 Prepare final report. from the City, the EIR consultant and possibly some government agencies. The final report will address any comments Upon completion of Task No. -11, Consultant shall submit fifteen (15) copies of the final report to the City. Task No. 12 Provide consultation during preparation of EIR documents, State funding applications and permit applications. will be on an hourly basis as requested by the City. These consultations Task No. 13 Attend and make presentations to City Council and/or EIR Public Hearing if requested by City (maximum of two meetings). I"- =r N c, 3 vt db EXHWT €3 0 PROJECT SCHE L€ c TIME IN WEEKS Q3 c, (3 U 0 N N Y u 0 b N U U 0 I I I -2 3 4 5 6 J 0 1- I I I Phase I Agency Contacts and Identification of Issues 1 Task 3 w Task I - Task 2 t-4 Phase II Field Investigation and Office Studies Task 4 H Task 6 - Task 5 $5A 1-1 Task 7 - Phase I I I Preliminary Design - Task 8 Task 9 - Task 10 % Phase IV Assist with Preparation of EIR and Applications - Task 11 Task 12 Task 13 ! i I