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HomeMy WebLinkAbout1998-02-03; City Council; Resolution 98-24c b 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. 98-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH ODAY CONSULTANTS, INC. FOR DESIGN SERVICES FOR PHASE I AND II FOR FARADAY AVENUE, PROJECT NO. 3593. WHEREAS, the City Council of the City of Carlsbad has previously appropriated funds for Faraday Avenue through the Capital Improvement Program; and WHEREAS, Statements of Qualifications have been solicited to prepare preliminary design plans, environmental documents and environmental permitting from qualified engineering firms; and WHEREAS, O’Day Consultants, Inc. was selected as the most qualified to prepare the preliminary plans, environmental documents and environmental processing for a fee of $188,055 and that sufficient funds are currently available in the project account; and WHEREAS, the level of activity contained in the scope of the consultant agreement regarding CEQA is defined as Class 6, Information Collection, and is categorically exempt from CEQA; and WHEREAS, a mutually satisfactory fee for the services has been negotiated; and WHEREAS, the consultant agreement with O’Day Consultants, Inc., has been prepared and submitted hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That a consultant agreement with O’Day Consultants, Inc. for preparation of preliminary plans, environmental documents and environmental processing for Project No. 3593 as described in the attached agreement is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said agreement. Ill Ill Ill I!! Ill 0 e 1 Works Department, Engineering Division, Transportation Section, Design and Planning Group. 3 3. Following Mayor’s signature of the agreement, the City Clerk is further authorized and directed to forward copies of said agreement to O’Day consultants, Inc. and the Public 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 5 held on the 3rd day of February , 1998 by the following vote, to wit: 6 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall 7 8 9 11 12 ~1 ATTEST: ” 13 14 ALETHA-L. RAUTENKmNZ, City Clerk A - ’I (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City requires the services of a Contractor to provide the necessary design services for preparation of preliminary design plans and environmental reports, attached hereto as Exhibit "A" and incorporated herein. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt o f Exhibit "A." 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the City Manager for one (1) additional one (1) year rev. 10/22/97 2 Phase II - Environmental Review conditions of the contract is warranted, the Contractor 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 by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. rev. 10/22/97 9. COVENANTS AGAINST CONTINGENT FEES Engineer. The Public Works Director/City Engineer shalt make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract rev. 10/22/97 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 the Contractor or the Public Works Director/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 Public Works DirectorGity 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 rev. 10/22/97 6 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 remedies available to them at law. 13. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections.12650 et sea., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include fake claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is the City of Carlsbad to disqualify the Contractor from the selection rev. 10/22/97 Q 0 The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 7 and 3.32.028 pertaining to false claims are incorporated herein by reference. withholdings on behalf of the Contractor or hidher employees or subcontractors. The City shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the Contractor or hidher employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. rev. 10122/97 8 The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. @ 0 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 21. 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 this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or 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 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 entitle the Contractor to any additionat payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind 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 written above. rev. 10/22/97 I1 e 0 25. CONFLICT OF INTEREST 8 a 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor's profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. I. The City shall be named as an additional insured on all policies rev. 10/22/97 (b a 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shali be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. .. . .. . ... ... Patrick N. O'Dav/f?resident ATTEST Patrick N. O'Dav/Secretarv (print name/title) City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY vputy City Attorney I ' CALIFORNIA ACKNOWLEDGMENT e No. 5907 On January 19. 1998 before me, Cathlprm E. Bnuirre. Notary P\r"blic Y DATE NAME, TITLE OF OFFICER - E.G., "JANE OOE. NOTARY PUBLIC personally appeared Patrick N. O'Dav Y bd personally known to me NAME(S) OF SIGNER(S) to be the person(s) >whose name(%) is/- subscribed to the within instrument and ac- knowledged to me that he,4hm%q executed the same in his authorized capacity(ies), and that by his/- signature@) on the instrument the person@$, or the entity upon behalf of which the person(@ acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT PARTNER(S) 0 LIMITED c] AlTORNEY-IN-FACT NUMBER OF PAGES 17 TRUSTEE(S) GUARDIAWCONSERVATOR OTHER: undated 0 GENERAL 29 pages DATE OF DOCUMENT SIGNER IS REPRESENTING: NAM OF PERSON@) OR ENTKY(IES) I/A O'Dav Consultants. Inc. SIGNER(S) OTHER THAN NAMED ABOVE @I 993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave., P.O. Box 7184 Canoga Park, CA 913047184 PHASE I Task 1. Task 11. Task 111. FARADAY AVENUE * PROJECT 3593 SCOPE OF WORK A. 8. c. rev. 10/22/97 A detailed project description and Notice of Preparation (NOP) will be prepared and submitted for review by City staff, to insure that Consultant understands all aspects of the project before beginning detailed analyses. The project description narrative and maps will include the project location, potential interactions with nearby projects, related actions associated with the roadway extension, the relationship of the project to local and region plans, and a list of the agencies required to act on the project proposal and the sequence of approvals. The project description will also include the project objectives and a statement of benefits that may accrue and what needs are met by the project. The project objectives and statement of justification, and final project description will be prepared after consultation with City staff. Based on the findings of the Initial Study, the City will determine whether an MND or EIR will be prepared as environmental documentation for the project. The final project description, Initial Study and NOP will be submitted to the City for distribution to other public agencies and interested parties. To identify 'cumulative impacts, related projects must be defined early in the EIR process. Consultant will work with the City to prepare a draft list of related projects for review. Consultant will also identify assumptions regarding regional growth forecasts and General Plan buildout, absorption rates, and other factors important in estimating cumulative impact for use in analysis of biology, traffic and other impacts. Deliverable: Initial Study (EfA - Part I) project description and Notice of Preparation and related reports in draft form to be distributed as detailed in Table 1, five originals of reports and one unbsund copy with exhibits, one unbound original set of EIA - Part I, project description and Notice of Preparation. Task IV. Consultant will perform a geotechnical reconnaissance to include: A. A review of pertinent reference documents regarding the geotechnical conditions at the site. B. A geotechnical reconnaissance visit and report of the site. Deliverable: Reports in draft form to be distributed as detailed in Table 1, 5 original copies of the final report and one unbound copy with exhibits. Deliverable: Blueprints for plancheck as required -in Table I, 40-scale mylar, diskette AutoCAD Ver. 14 (or current version) All deliverabies include reductions as necessary for subcontractors and agency review. PHASE II Task I. Consultant will conduct a geotechnical investigation to include: A. Evaluation of the subsurface conditions below the proposed roadway by excavation of up to 10 exploratory borings (2 of the borings may need to be large diameter borings to evaluate. the presence of slope instability) and 10 trenches for the southern alternative alignment; or 7 large diameter borings, 6 small borings and 10 trenches for the northerly alternative alignment. B. Geologic logging of the borings and trenches with six hours of dozer time for the southerly alternative alignment or 20 hours of dozer time for the northerly alternative alignment. 20 rev. 10/22/97 C. Obtaining representative soils samples during drilling to perform geotechnical and environmental laboratory testing and analysis, as appropriate. D. Geotechnical analysis of data obtained. Deliverable: Reports in draft form to be distributed as detailed in Table 1, 5 original copies of the final report and one unbound copy with exhibits. 71 rev. 10/22/97 22 rev. 7 0/22/97 E. 0 0 2. Impacts to air quality will be described in terms of: construction related emissions; relation to existing state and federal standards, and region air quality attainment plans; and, the potential for hot spot occurrence from project implementation. Consultant will utilize air quality modeling spreadsheets developed by CBA which implement the methods of the SCAQMD CEQA handbook, to estimate vehicular emissions. Vehicle trip emissions will be projected. The spreadsheets will be used to estimate emissions after implementation of mitigation measures to address significant air quality impacts by selecting appropriate mobile source mitigation measures. rev. 7 0/22/97 F. G. H. 1. Organizations, persons and documents consulted, and involved in the preparation of the EIR will be identified. Appendices. will include a copy of the NOP, .Responses to Comment on the Draft EIR and Comment Letters, and the associated EIR technical reports. rev. 1 Of22197 25 26 rev. 7 0/22/97 26 rev. 7 0/22/97 > w u, w e