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HomeMy WebLinkAbout1993-12-21; City Council; Resolution 93-338.d !i @ e .. 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. 93-338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL$ CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CIT\r CARLSBAD AND TEKMARINE, INCORPORATED, FOR THE CARLSBAD t SURVEY AND BEACH PROFILE PROGRAM FOR 1993-1 994 WHEREAS, the City Council of the City of Carlsbad has previously awarded a c agreement with Tekmarine, Incorporated, for the Carlsbad Sand Survey and Bea Program; and WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, and in the public interest to continue said program during 1993-1994; and WHEREAS, the City Council of the City of Carlsbad has previously budg appropriated sufficient funding for said program in its 1993-1 994 fiscal budget; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. That the above recitations are true and correct. 2. That an agreement between the City of Carlsbad and Tekmarine, Incorporati which is attached hereto and made a part hereof is approved. 3. That the City Manager is authorized to extend said agreement for three one-year periods based upon satisfactory performance and City’s needs. /I/ /I/ /I/ /I/ //I ~ //I /I/ /// il e e _. 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 4. That the Mayor is authorized to execute the agreement between the Tekmarine, Incorporated, on behalf of the City Council. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci held on the 21st day Of DECEMBER , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None CLAUDE A. LEWIS, Mayor ATTEST: &J#L 2.- ALETHA L. RAUTENKRANZ, City Clerk ~ (SEAL) I a .* ,. AGREEMENT THIS AGREEMENT, made and entered into as of the _d d~o day of Df.cE~f3ER , 19u, by and between the CITY OF CARLSBAD, a municip, corporation, hereinafter referred to as "City", and Tekmarine, Inc. hereinafter referred to as "Consultant". RECITALS City requires the services of an oceanographic and coastal engineeril consultant to provide the necessary coastal engineering services including the City Sand Survey and Beach Profile Program; and Consultant possesses the necessa skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenal contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. BEACH PROFILES - SHALLOW WATER: Conduct one annual wad survey during the month of October at eleven (11) stations to determined by the City in consultation and with the recommendation the Consultant. Consultant shall establish and maintain profile stat monumentation. Profiles are generally to include photo and wad surveys with interpretation of the profiles to determine sedim. transport and deposition dynamics. The wading surveys should performed to a minimum depth of three (3) meters. The consultant s calculate volumetric changes between surveys including wave acr data, rate of sand transport, assemblage of data from other surveys, photos and related data gathering programs in an effort to inter1 sediment transport and deposition dynamics relative to Carlsbad be erosion and/or accretion. Rev. 6/10 0 0 _. B. BFACH PROFILE - DEEP WATER: Conduct one annual boat survc during the month of October at four (4) stations to be determined by tt City in consultation and with the recommendation of the consultar Consultant shall establish and maintain profile station monumentatio Profiles are generally to include photo and boat surveys wi interpretation of the profiles to determine sediment transport a1 deposition dynamics and bottom material composition. The profiles sh be performed to a minimum depth of ten (10) meters. The Consulta shall calculate volumetric changes between surveys including wa' action data, rate of sand transport, assemblage of data from ott- surveys, air photos and related data gathering programs in an effort interpret sediment transport and deposition dynamics relative to Carlsb beach erosion and/or accretion. C. BEACH PROFILES - WRITTEN REPORT: The Consultant shall submi. written report to the City (10 copies) summarizing the shallow and de water profiles and be available as needed to discuss the findings. D. FIELD RECONNAISSANCE: The Consultant shall perform periodic fic reconnaissance (at least six (6) per year) inspections of the Carlsb coastline. E. CONSULTATION WITH CITY: The Consultant shall meet with City st and/or the Beach Erosion Committee (up to six (6) times per year) a shall be available for phone consulting discussions as needed and prov miscellaneous coastal consulting services as mutually agreed E directed by the City Engineer. 2. CITY OBLIGATIONS The City shall provide to Consultant such information as it possesses wh would normally be supplied to consultants performing oceanographic and coal engineering services including, but not limited to maps, plans or documentation. 3. PROGRESS AND COMPLETION The work under this contract will be performed under the direction of the ( Engineer or designee. 2 Rev. 6/1 C e 0 .I 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, "Paymc of Fees," and shall be $20,300. No other compensation for services will be allow except those items covered by supplemental agreements per Paragraph 8, Than( in Work." Changes in the annual fee schedule shall be submitted by the Consult, to the City Engineer at the time of contract extension as provided in Sectior Duration of Contract. If the City Engineer accepts the annual fee schedule, 1 contract shall be amended and extended by the City Manager. 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. 1 contract may be extended by the City Manager for three (3) additional one (1 ) y periods or parts thereof, based upon satisfactory performance and the City's nee( 6. PAYMENT OF FEES Upon completion of work phases, the Consultant shall submit invoices to City Engineer. The City will forward payment to the Consultant within 30 days. 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or City, and informal consultations with the other party indicate that a change in conditions of the contract is warranted, the Consultant or the City may reque! change in contract. Such changes shall be processed by the City in the follow manner: A letter outlining the required changes shall be forwarded to the Citj 3 Rev. 6/10 e 0 " Consultant to- inform them of the proposed changes along with a statement estimated changes in charges or time schedule. A supplemental agreement shall prepared by the City and approved by the City according to the procedures describ, in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement sh not render ineffective or invalidate unaffected portions of the agreement. 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained a company or person, other than a bona fide employee working for the Consultant, solicit or secure this agreement, and that Consultant has not paid or agreed to pay a company or person, other than a bona fide employee, any fee, commissic percentage, brokerage fee, gift, or any other consideration contingent upon, resulting from, the award or making of this agreement. For breach or violation oft warranty, the City shall have the right to annul this agreement without liability, or its discretion, to deduct from the agreement price or consideration, or otherlni recover, the full amount of such fee, commission, percentage, brokerage fees, E or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regarc nondiscrimination. 4 Rev. 6/1C 0 0 .. 10. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the wo as provided for in this contract, the City may terminate this contract f nonperformance by notifying the Consultant by certified mail of the termination of tl Consultant. The Consultant, thereupon, has five (5) working days to deliver sa documents owned by the City and all work in progress to the City Engineer. The Ci Engineer shall make a determination of fact based upon the documents delivered City of the percentage of work which the Consultant has performed which is usal and of worth to the City in having the contract completed. Based upon that findi as reported to the City Manager, the Manager shall determine the final payment of I contract. 11. DISPUTES If a dispute should arise regarding the performance of work under this agreeme the following procedure shall be used to resolve any question of fact or interpretat not otherwise settled by agreement between parties. Such questions, if they beco identified as a part of a dispute among persons operating under the provisions of 1 contract, shall be reduced to writing by the principal of the Consultant or the ( Engineer. A copy of such documented dispute shall be forwarded to both par involved along with recommended methods of resolution which would be of ber to both parties. The City Engineer or principal receiving the letter shall reply to letter along with a recommended method of resolution within ten (10) days. If resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining dispute shall be forwarded to the City Council for their resolution through the 01 5 Rev. 6/1C e e. .. of the City Manager. The City Council may then opt to consider the directed solutic to the problem. In such cases, the action of the City Council shall be binding up( the parties involved, although nothing in this procedure shall prohibit the parti seeking remedies available to them at law. 12. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) da written notice to the other party. In the event of such suspension or terminatic upon request of the City, the Consultant shall assemble the work product and 1 same in order for proper filing and closing and deliver said product to City. In 1 event of termination, the consultant shall be paid for work performed to ' termination date; however, the total'shall not exceed the lump sum fee payable un paragraph 4. The City shall make the final determination as to the portions of tad completed and the compensation to be made. 13. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's c way as an independent contractor and in pursuit of Consultant's independent call and not as an employee of the City. Consultant shall be under control of the City ( as to the result to be accomplished, but shall consult with the City as provided fc the request for proposal. The Consultant is an independent contractor of the City. The payment mad the Consultant pursuant. to the contract shall be the full and complete compensa to which the Consultant is entitled. The City shall not make any federal or state 6 Rev. 6/1C 0 0 withholdings on behalf of the Consultant. The City shall not be required to pay a workers' compensation insurance on behalf of the Consultant. The Consultant asre to indemnify the City for any tax, retirement contribution, social security, overtir payment, or workers' compensation payment which the City may be required to ma on behalf of the Consultant or any employee of the Consultant for work done unc this agreement. The Consultant shall be aware of the requirements of the Immigration Reform E Control Act of 1986 and shall comply with those requirements, including, but I limited to, verifying the eligibility for employment of all agents, employe subcontractors and consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to applicable requirements of law: federal, state and local. Consultant shall provide necessary supporting documents, to be filed with any agencies whose approva necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as he required are the property of the City, whether the work for which they are madc executed or not. in the event this contract is terminated, all documents, pli specifications, drawings, reports, and studies shall be delivered forthwith to the C Consultant shall have the right to make one (1) copy of the plans for hidher reco 7 Rev. 6/1 C e 0 .. 16. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the wo pursuant to this contract shall be vested in City and hereby agrees to relinquish claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilitic penalties, fines, or any damage to goods, properties, or effects of any pers whatever, nor for personal injuries or death caused by, or resulting from, a intentional or negligent acts, errors or omissions of Consultant or Consultant's agen employees, or representatives. Consultant agrees to defend, indemnify, and save fl and harmless the City and its officers and employees against any of the foregoi claims, liabilities, penalties or fines, including liabilities or claims by reason of allec defects in any plans and specifications, and any cost, expense or attorney's ft which are incurred by the City on account of any of the foregoing. 18. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any mor due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under ' contract by the Consultant, Consultant shall be fully responsible to the City for acts and omissions of Consultant's subcontractor and of the persons either dire( 8 Rev. 6/10 0 0 ., or indirectly employed by the subcontractor, as Consultant is for the acts a omissions of persons directly employed by consultant. Nothing contained in tl contract sha'll create any contractual relationship between any subcontractor Consultant and the City. The Consultant shall bind every subcontractor and evl subcontractor of a subcontractor by the terms of this contract applicable Consultant's work unless specifically noted to the contrary in the subcontracl question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the Citl negotiate, make, accept, or approve, or take part in negotiating, making, accepti or approving of this agreement, shall become directly or indirectlly interes personally in this contract or in any part thereof. No officer or employee of the ( who is authorized in such capacity and on behalf of the City to lexercise executive, supervisory, or similar functions in connection with the perforlmance of contract shall become directly or indirectly interested personally in this contract or part thereof. 21. 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 mo any'of the terms or obligations herein contained nor entitle the Cons'ultant to additional payment whatsoever under the terms of this contract. 9 Rev. 6/1( < 0 0 ,. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all tern conditions, and provisions hereof shall inure to and shall bind each of the part hereto, and each of their respective heirs, executors, administrators, successors, a assigns. 23. EFFECTIVE DATE This agreement shall be effective' on and from the day and year first writ1 above. 24. CONFLICT OF INTEREST The consultant shall file a conflict of interest statement with the city clerk accordance with the requirements of the City of Carlsbad conflict of iriterest coc The disclosure categories shall be categories one (1 I. 25. INSURANCE The Consultant shall obtain and maintain policies of general 1iabilii:y insuran automobile liability insurance, and a combined policy of worker's compensation a employers liability insurance from an insurance company authorized to do businesd the State of California which meets the requirements of City Council Rc!solution r 91 -403 in an insurable amount of not less than one million dollars ($1,000,000) ea' unless a lower amount is approved by the City Attorney or the City Manager. T insurance shall be in force during the life of this agreement and shall nor: be cance without thirty (30) days prior written notice to the City sent by certified mail. 10 Rev. 6/10, II 0 e *# .* The City shall be named as an additional insured on these policies. The Consulta shall furnish certificates of insurance to the City before commencement of work. Executed by Consultant this 26 day of ,d 6 CONSULTANT: CITY OF CARLSBAD, a municipal corporation of the State of California I 0 I y Tekrnarine. Inc. (name of Consultant) 6 By: ATTEST: rhnillo ,I. SOnU COUNTY OF ! -. ,.. . ., ... . ... ... Capacity Claimed By Signer: 1 r< 2 z 1.j x p !J c, ;_ ,.. .., I .. ..., - - . __ - .. .- -> , notary public, I wwY@YPJ?4% pmvtd to ii on the basis of satisfactory evidence to be thc pcrson(s) whose name(s) islare subscribed to the within instrur acknowledged to me that helshelthey~executed the same in hislhedtheir cappcit)c(ies), and that hislherlthelr signature@) on the instrument the the entlty upon behalf 2 which tQc person(s) acted, executed the lnstmrr w~tness my &nd and offiid d. I Official Notarial Seal This certificate must be Tltk or Type of Document anached to the document Number of Pages 1 described at right. Signer(s) Other Than Named Above ::; 7, i,,r .: .J / p 1.. I r, -7 .L - . L .- I . .. \LLPURPOSE ACKNOWLEDOMINT """"""~~"""~~"~~~~ ~-~ ~ ~ ~ BY +&&L Oeputy C~ty Attorney lb4- 11 Rev.