Loading...
HomeMy WebLinkAbout1986-01-21; City Council; Resolution 83571 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 RESOLUTION NO. 8357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AND WOODWARD CLYDE CONSULTANTS FOR ENGINEERING SERVICES FOR THE CARLSBAD BOU.LEVARD SEAWALL (CLP PROJ,ECT NO. 3185) The City Council of Carlsbad, California does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Woodward Clyde Consultants for engineering design services for the Carlsbad Boulevard Seawall (CIP Project No. 3185>, attached hereto as 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 Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st - day of January 9 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ATTEST: (SEAL) AGREEMENT FOR ENGINEERING SERVICES FOR CARLSBAD SEAWALL THIS AGREEMENT, made and entered into as of the - day of -9 19+&, by and between the CITY OF CARLSRAD, a municipal corporation, hereinafter referred to as "City ,I1 and W OODW ARD-CLYDE CONSULTANTS, hereinafter referred to as (I C o n s u 1 t ant . RECITALS City requires the services of WOODWARD-CLYDE CONSULTANTS to provide the necessary engineering services for preparation of final plans and specifications for Carlsbad Seawall; and Consultant possesses the necessary skills and qualifi- cations to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANTJ,S OIjLIGATIONS See Attachment A, "Detailed Consultant Scope of Work". EXHIBIT "A" -2- 2. CITY 0BLIGATION.s The City shall: A. Make available upon request any existing: plans, e asemen t s , street improvements, survey data, hudraulic criteria/calculations in its possession for the proposed work. B. Supply blank mylars (with City title block and borders) necessary for the project. C. Provide review of Consultant's submittal in accordance with an agreed upon schedule. 0. Provide payment within thirty (30) days of approval by the City Engineer. 3. PROGRESS AND COMPLETION The work under this Contract will begin within ten (IO) days after receipt of notification to proceed by the City and be completed within one hundred twenty (120) days of that date. 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, the 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 PA-ID.TO CONSULTANT The lump sum fee payable according to Paragraph 5, "Payment of Fees", shall be $150,000.00. No other compensation for -3- services will be allowed except those items covered by supplemental agree-ments per Paragraph 7, "Changes in Workpp. 5. PAYMENT OF FEES Payment of fees shall be upon delivery of approved final documents; with $95,000.00 due upon delivery of an approved preliminary design, and an additional $55,000.00 due upon delivery of the final approved contract documents. 6. F I NA L S UBM I SS IONS Within fifteen (15) days of completion and approval of the final designs, the Consultant shall deliver to the City the following items: A. Original mylars at scale of the drawings reproducible on standard 24" by 36" sheets. Blank mylars will be provided by the City. B. All final engineering certifications and documents. The plans shall be signed by a Registered Civil Engineer. 7. CHANGESOIN WORK If, in the course of this Contract and design, changes seem merited by the Consultant or 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 -4- 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. 8. DESIG-N 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. 9. COVEN!4-HTAS AGAINST C0N.TINGEMT 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 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, the City -5- 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. IO. NONDIS.CR IMINATION CL_AU,S*E The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. 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, thereupon, has five (5) 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 usable and 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. 12. QISPWTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to /"7 -6- 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 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 (IO) 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 the 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 I remedies available to them at law. 13. RESPONSIBIL,ITY 0.F THE FONS,ULTANT The Consultant is hired to render professional services of designing and drawings for Carslbad Seawall 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. -7- 14. SUSPENSIO-N OR ,T-ERMINATION -OF ~ SERVICES This agreement may be terminated by either party upon tendering thirty (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 closing 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. 15. STATUS OF THE ,CO-W!jULTANT 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. 16. CONFQRM.I.TY -TO LEGAL REQUIRE.MEHf5 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 -8- approval is necessary. The City will provide copies of the approved plans to any ~ other agencies. 17. OWNERSHIP-OF' DfjE.UMENTS 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. Consultant shall have the right to make one (1) copy of the plans for his/her records. 18. HOLD HARMLESS AGREEMENT The City, itdagents, 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, any negligent 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 author'ized 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 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. -9- 19. ASSIGNMENT OF CON,TR.ACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. - 20. SUBCONTRACTING 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. 21. PROHIB-ITED 1NfERE.ST 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 - 10 - 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. 22. VERBAL AGREEMENTIOR, CONVERSAT-ION 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. 23. SUCCESSORS OR AS.SIGN9 Subject to the provisions of Paragraph 18, "Hold Harmless Agreement", 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. 24. EF.FECTIVE DaT-E This agreement shall be effective on and from the day and year first above written. 25. CONFLICT OF INTE~REST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City, of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. - IN WITNESS WHEREOF, we have hereunto set our hands and seals. WOODWARD-CLYDE CONSULTANTS CITY OF CARLSBAD: APPROVED AS TO FORM: ATTESTED : BY - c As si s t anwAt tor ney City Clerk -- CARLSBAD SEAWALL -- DETAILED CONSULTANT SCOPE OF WORK (By Phase, by .Task to be performed) Phase €,: Aqen-cy Contracts and Data Review Collect and organize all data from available sources and initiate contact with all regulatory permitting agencies. Task No. 1 Task No. 2 Task No. 3 Task No. 4 Task No. 5 Establish liaison. with the City of Carlsbad. Identify specific contacts in various State and Federal agencies. Preliminary comments, designs considerations and permit information will be obtained from each regulatory agency. An on-going liaison with each agency will be established at this time and will be maintained throughout the regulatory review stage of the project. Establish contact with and determine requirements of additional funding sources (especially those agencies which will fund additional facilities not presently included in the feasibility study). Review information and comments from the feasi- bility study and environmental impact report, as well as other sources. Set-up and conduct a project site visit with government agencies to discuss project require- ments. Phase. I . Pr0dwc.t (s-j Summarize and evaluate the following: o General site conditions; o Alternative seawall designs; o Environmental issues; o List of government agencies' requirements and conditions; o List of additional fund sources' requirements and funded items; and o List of design information required. ATTACHMENT "A" -2- Phase I,I. Fie-ld In-vestfgations a-nd Office Stndi-es Task No. 6 Task No. 7 Task No. 8 Task No. 9 Develop specific. design criteria and supplemental site condition information. Arrange for and have photogrammetric mapping and field control surveys performed. Field check utility and storm drain pipe locations. Review with the City, its plans for future improvement of the storm water collection system along Carlsbad Boulevard . Establish baseline for future construction surveys. Perform a geotechnical investigation. Current bluff and beach profiles will be obtained at this time. Soil characteristics, bearing values and lateral earth pressures will be developed for design. Slope stability analyses will be made. Develop Coastal Engineering Design Criteria. Make a preliminary evaluation of possible alternate seawall designs and beach access locations. Con- sider possible alternatives identified in the Environmental Impact Report. Make a preliminary evaluation of possible beach access locations, improvement of lateral acces and areas where eroded land may be reclaimed, Evaluate treatement of current storm water outlet pipes. P h ase ~ I I Pr oduc t ( s ) Prepare a design memorandum that includes the following: o Base maps and profiles for design; o Geotechnical Report; o Coastal Engineering Design Criteria; and o Summary of possible alternate designs, including access facilities and miscellaneous improvements. ->- Phase E11 . Prelim-fnary Design Prepare feasible design alternatives, check costs, review/incorporate - regulatory requirements, and work very closely. with the City so as to reach a rapid consensus of the most favored design alternative which will be carried to a preliminary design stage. Task No. 10 Prepare typical sections, plans and profiles for alternatives to be considered. Prepare preliminary cost estimates. Include ancillary facilities and/or appurtenances to be funded by sources identified in Task No. 3, above. Task No. 11 Prepare and submit alternate design sections for the seawall and beach access stairways for review. Whenever feasible, incorporate migitation measures identified in the EIR. Incorporate review comments into designs and meet with City, State and Federal agencies to discuss designs. In conjunction with the City, select preferred design. Task No. 12 Prepare and submit ten copies of preliminary plans for selected alternative to city and government agency for comments. Phase -111 Productcs) A design approach will be selected and approved for preparation of final design plans and specifica- t ions. Ph-ase IV Fi.nal Desigl After receiving approval of the design concept and. the preliminary plans from the City and Regulatory Agencies, proceed to prepare final design documents. Task No. 13 Prepare detailed contract plans and specifications for the entire length of the project seawall, access stairways and other improvements. Incor- porate all appropriate mitigation measures identified in the final EIR. Task No. 14 Prepare permit applications and support documents. -4- Task No. 15 Submit ten copies of the final draft of contract plans and specifications to the City and government agencies for . r-eview. Incorporate the review comments. Complet-e plans and contract specifica- t ions. Task No. 16 Prepare cost estimate for final design. Phas-e, IV- . P,roduct (s> Submit originals and twenty-five copies of the contract plans and- specifications and a summary of the final cost estimate to the city. Phase V Meeting-Support and Regulatory Communication Task No. 17 Provide resources necessary to present these studies and design results in whatever public forum the City .feels is necessary. Phase-.V--- -Product(s) Included in Task No. 16 are: one City Council meeting to present preliminary plans and specifications and costs, and one City Council meeting to present final plans and specifications and cost. Other meetings will be attended as requested, and at the predetermined rates for time and materials. 10/01/85 JL6:lch