HomeMy WebLinkAbout1986-01-21; City Council; Resolution 83571
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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"
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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
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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
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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
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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
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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.
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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
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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
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approval is necessary.
The City will provide copies of the approved plans to any
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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.
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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.
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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
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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
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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.
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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"
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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.
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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.
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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
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