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HomeMy WebLinkAbout1984-01-17; City Council; Resolution 7468.. 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 15 1E 17 1€ 15 2c 21 22 2; 21 2: 2E 25 2E RESOLUTION NO. 7468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RICK ENGINEERING COMPANY FOR ENGINEERINGS SERVICES FOR FARADAY AVENUE IMPROVEMENTS - CONTRACT NO. 3142. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Rick Engineering Company for engineering services for Faraday Avenue Improvements, 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 17th day of JmW I 1984, by the following vote, to wit: AYES: Council Menkers Casler, Iewis, Kulchin, Chick and Prescott NOES: None ABSENT: None 7LmW dcu,,,,, MARY H. $ASLER, Mayor ATTEST: (SEAL) a AGREEMENT FOR ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT, made and entered into as of the day of , 19 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Rick Engineering Company, hereinafter referred to as "Consultant." R EC I TALS City requires the services of Consultant to provide the necessary engineering services for preparation of final plans and specifications and construction management for Faraday Avenue; 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 a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS ~ A. Consultant shall, in accordance with good professional engineering standards; prepare plans and specifications for construction of Faraday Avenue across property owned by Beckman Instruments between Impala Drive and the West boundary of 3 -2- property owned by the City of Carlsbad; shall also prepare other plans, maps, and specifications, and shall perform other engineering services all of which are more specifically stated in the proposal, entitled Exhibit B, attached hereto and made a part hereof. B. Consultant shall prepare a schedule of time to complete the work, specified in Paragraph 1.A., within fourteen (14) days of the receipt of Notice to Proceed. The schedule of time shall be subject to the approval of the City Engineer. 2. CITY OBLIGATIONS A. The City shall furnish blank mylar drawing sheets for the final plans. B. The City shall process the tenative parcel map and parcel map (processing fees shall be waived). 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (.lo) days after receipt of notification to proceed by the City and be completed within the time schedule which Consultant shall prepare and which is subject to the approval of the City Engineer. 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 -3- 4. FEES TO BE PAID TO CONSULTANT The fees payable according to Paragraph 5, Payment of Fees, shall not exceed $68,000. Fees for each portion of the work shall be based upon Exhibit B. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, Changes in Work. Fees for work items not included in Exhibit B, or for which the cost is not identified in Exhibit B, shall be subject to Paragraph 7. 5. PAYMENT OF FEES Fees shall be paid within twenty (20) days of delivery of monthly billing based on time and materials expended, provided, however, that no fees shall be paid until the bill has been verified and approved by the City Engineer. Payment of any fees pursuant to this section shall not constitute a waiver by City of any breach of any part of this agreement. 6. FINAL SUBMISSIONS 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 and/or Registered Landscaped Architect, as appropriate. -4- 7. CHANGES IN 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: shall be forwarded to the City or Consultant to inform them of the A letter outlining the required changes 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 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. a. DESIGN 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. -5- 9. COVENANTS AGAINST CONTINGENT 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 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 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 7 -6- 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. 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 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 (10) 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 -7- 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. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of designing and drawings for Faraday Avenue 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, (or landscape Architect's registration number). 14. SUSPENSION OR TERMINATION 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 CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit -a- 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. CONFORMITY TO LEGAL REQUIREMENTS 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 w-ith any agencies whose approval is necessary. The 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 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, 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 injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of -9- Consultant or Consultant's agents, employees or representatives. Consultant agrees to defend, indemnify and save free and harmless the 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 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. 19. ASSIGNMENT OF CONTRACT 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 co'ntract 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. /I - 10 - 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 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 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 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 such verbal agreement or conversation entitle the Consultant to any additional 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 insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. - 11 - 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 25. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. RICK ENGINEERING COMPANY CITY OF CARLSBAD: Mayor APPROVED AS TO FORM: ATTESTED: assistant City Attorney City Clerk /3 EXHIBIT B RICK ENGINEERING COMPANY I 'A'N"D""c'~~L"%%i*i% 3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008 P.O. BOX 1129 PHONE AREA CODE619 729-4987 December 13, 1983 Ron Beckman, Ass't City Manager 1200 Elm Avenue Carlsbad, California 92008 CITY OF CARLSBAD RE: PROPOSAL FOR PREPARATION OF PLANS FOR FARADAY ROAD, EASTERLY OF EL CAMINO REAL, BETWEEN IMPALA AND THE WEST BOUNDARY OF THE CITY PROPERTY (APPROXIMATELY 1300 LINEAL FEET) Dear Ron : Per your request I would like to submit to you this proposal for the preparation of plans and specs for Faraday, between Impala and the west line of the City property. Plans will include full surface improvements, sewer, water, drainage, and utilities. In addition we will include a 30 foot landscaping strip on both sides of the street. We will also prepare a tentative and final parcel map and provide construction staking for the project, along with construction management and supervision. For us to do the above work we would need from you a current preliminary title report for the Beckman property, along with the City property to the east, a current preliminary soils report for the area, and any documents of record that would assist us in the preparation of the above work. Our work would specifically include the following: 1. Prepare improvement plans and specifications for the construction of Faraday (approximately 1300 feet). Work to include: Research of existing data at the public agencies Setting of preliminary alignment for Faraday Field cross-sections of the subject area to facilitate design Setting of the final alignment of Faraday Precise engineering design of the street improvement plans Engineering design of sewer, water, drainage and utilities along with surface improvements to include street lights and hydrants and drive-way locations as specified by the City Process the above plans for approval by the City Engineer Preparation of the improvement estimate for their work as defined above of right-of-way to the City of Carlsbad O Preparation of any plats and legal descriptions for dedication Ron Beckman Page Two December 13, 1983 Our fee for the above work as defined would be on a time and material basis, not to exceed $23,000. 2. Preparation of landscape and irrigation plans and specs for a 30 foot strip on each side of Faraday. Work to include: O Preparation of landscape and irrigation plans and specs by an outside consultant O Processing of those plans for approval by the City of Carlsbad Preparation of a preliminary cost estimate for the above plans Our fee for the above would be on a time and material basis, not to exceed $2500. 3. Parcel map. We would prepare and process with the City Carlsbad, a tentative and final parcel map, along with setting the corners for the north and south half of the Beckman property. Our work would specifically include: of O Research records of public agencies O Checking of the current preliminary title report O Preparation and processing of the tentative parcel map through O Preparation of field boundary survey based on the current pre- O Calculation of the final boundary based on the field survey the City for approval liminary title report Preparation and processing of the final parcel map for approval through the City of Carlsbad O Setting of the required survey monuments Our fee for the above work would be on a time and material basis, not to exceed $11,500. 4. Construction staking. Engineer will provide one set of stakes for each of the following sets of construction stakes: Rough and finish grade stakes will consist of street grading stakes set at the top and toe of slopes and daylight lines as shown in the final plans Grade check will consist of a marked set of plans showing the as built location of the slope banks Sewer stakes for all sewer main and appurtenances shown on the final plans Storm drain stakes for all storm drains and appurtenances shown on the final plans Water stakes will be provided for all public mains and appurtenances shown on the final plans Gas and electric stakes will be provided for common trenches, Ron Beckman Page Three December 13, 1983 major pole boxes and street lights shown on the final plans and plans prepared by SDG&E, Pacific Telephone, and Cable TV. No field staking will be done until all the surface and subsurface structures have dimensions and/or stationing City's utility consultant, if any Curb and pavement stakes will be provided for streets and dr ive-ways relative the street stations, and are approved by SDGbE and the O Our fee for the above would be on a time and material basis, not to exceed $13,000. 5, Construction management and inspection. Our work would include as follows: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Construction scheduling and timing Quality control Construction inspection Cost control Review of soils work/inspection by others Supervision of material testing Grade and alignment checks Contractor supervision Pay quantity records and control Management and control to minimize claims Maintain daily logs Advise City on contract change orders Complete notice of completion forms Report to the City's Project Engineer We would serve as the City's arm in providing inspection and construction management for this proposed project. this to be, approximately, a two and one-half to three month project and would provide the general services as listed above for a fee of an inspector on the job, fifty per-cent of the construction period and another seventeen per-cent involved in reports, Total involvement would be two-thirds of man day per day, and a billing rate of $48 per hour for the total construction period. Not included in our cost would be the soils engineering, material testing costs provided by others, and any miscellaneous expenses, and pot holing. Our estimated fee for the construction management and supervision as defined above would be $16,691, be based on the total construction period. We anticipate The actual cost again would . Ron Beckman 8 Page Four December 13, 1983 In addition to the above, any additions, revisions or interpretations of the plan as requested by the contractor would be on a time and material basis according to our current rates. In summary then, we would provide: 1. Plans and specs $23,000 2. Landscape and irrigation plans $ 2,500 3. Tentative and final parcel map along with monuments $11,500 4. Construction staking $13,000 5. Construction management and supervision $16,691,+ TOTAL $66,691* *The cost for Number 5, construction management, is an estimate and the actual amount would be based on the total duration of the project, Not included in this proposal would be any printing or miscellane- ous fees or any items not specifically referred to above. These are extra and not a part of this agreement. Payment for services shall be made by you to Engineer within thirty (30) days after the date of monthly statement for work performed during the preceding month. The standard provisions set forth upon the attached Rick Engineer- ing Form 1, adopted 1978, are incorporated hereinto and made a part of this agreement. If notice to proceed is delayed for any reason beyond sixty (60)days, it is understood by the parties that terms and condi- tions contained herein are subject to revision, Thank you for requesting Rick Engineering for services. ready to proceed with this project upon the appropriate authoriza- tion from the City. call. We are If you have any questions, please give me a Sincerely, r- Robert C. Ladwig RCL/npk