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HomeMy WebLinkAbout1998-01-13; City Council; Resolution 98-15I 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 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ENVIRONMENTAL COMPLIANCE, A CONSULTANT AGREEMENT WITH P&D CONSULTANTS INC./CONSOER TOWNSEND ENVIRODYNE ENGINEERS TO UPDATE THE DESIGN OF PALOMAR AIRPORT ROAD EAST, PROJECT NO. 3602, AND TO DESIGN AN ACCESS ROAD THROUGH THE COAST WASTE MANAGEMENT TRANSFER STATION AREA. PROJECT NO. 3603 WHEREAS, the Planning Commission of the City of Carlsbad adopted Resolution No. 3225 on June 5, 1991 approving a Mitigated Negative Declaration for the widening of Palomar Airport Road in the same area as proposed by Project No. 3602; and WHEREAS, based on the EIA Part II, comments thereon, and that there have not been my changes to the scope of the Palomar Airport Road environmental studies, the site, or 3rcumstances considered in the original determination, the City Council finds that there is no substantial evidence that Project No. 3602 will have a significant effect on the environment; and WHEREAS, the City Council does hereby find that the Mitigated Negative Declaration approved by Planning Commission Resolution No. 3225 has been prepared in accordance with he requirements of the California Environmental Quality Act (CEQA), the State Guidelines and he Environmental Protection Procedures of the City of Carlsbad; and WHEREAS, the first phase of Project No. 3603 is for the purpose of gathering data, an mvironmental analysis pursuant to CEQA and consideration of alternatives for future action by he City Council; and WHEREAS, City Council review and approval of environmental documents for Project No. 3603 must occur before the second phase (design) of the project can occur; and WHEREAS, the City Council of the City of Carlsbad has previousiy appropriated a portion If the funds required for this project in the Capital Improvement Program; and WHEREAS, proposals were solicited for the design of this project from a qualified mgineering firms; and WHEREAS, P&D Consultants Inc./Consoer Townsend Envirodyne Engineers (P&D/CTE) was selected as uniquely qualified to design Project No’s. 3602 and 3603 for a fee of $233,342; md 71 /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 -24 25 26 27 28 0 0 WHEREAS, the County of San Diego has agreed to reimburse the City for the cost of construction of Project No. 3603 up to $500,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. That a consultant agreement with P&D Consultants IncKonsoer Townsend Envirodyne Engineers (P&D/CTE), for the design of Project No’s. 3602 and 3603 as described in the attached contract is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said agreement. 3. Following the Mayor’s signature of the agreement, the City Clerk is further authorized and directed to forward copies of said agreement to P&D Consultants Inc./Consoer I Townsend Envirodyne Engineers (P&D/CTE), and to the Engineering Department Planning and Design section for their files. 4. That the Finance Director is authorized to appropriate an amount of $325,000 I from the General Capital Construction Fund for Project No’s 3602 and 3603 of which $120,000 is allocated to Project No. 3602 and $205,000 is allocated to Project No. 3603. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13th day of January , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None (SEAL) e 0 0 AGREEMENT FOR ENGINEERING SERVICES-FOR PROJECT NO'S. 3602 and 3603 THIS AGREEMENT . is made and entered into as of the jl(-fL day of corporation, hereiriafter referred to as "Ci, and P&D CONSULTANTS INC./CONSOER TOWNSEND ENVIRODYNE ENGINEERS, hereinafter referred to as "Contractor." City requires the services of a professional engineering Contractor to provide the necessary engineering services for preparation of plans, specifications and cost estimate; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS The scope of services to be provided are described in Exhibits "A" and "B" as follows: 0 e 2. Exhibit "A" - Consisting of Tables 1,2, and 3. Exhibit "6" - Scope of Services consisting of 8 pages CITY OBLIGATIONS rew. 8/26/96 7 writing by the City Engineer. The City Engineer will give allowance for documented and accepted by the City. incremental payments, if applicable, should be made as outlined Exhibit "A." 5. DURATION OF CONTRACT in attached rev. 8/26/96. 8 This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for one (1) additional one '(1) year periods or parts thereof, based upon a review of satisfactory performance and the City's needs. The parties shall prepare extensions in writing indicating effective date and length of the'extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within five (5) days of completion and approval of the plans, specifications, cost estimate and right-of-way documents, via the City Engineer's signature on the plans, the Contractor shall deliver to the City the following items: A. All items as described in Table 2 of Exhibit "A". B. Two (2) copies of all other documents and calculations generated by the Contractor in the completion and execution of the provisions of this contract. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the 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 rev. 8126196 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 Carisbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES .. The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor 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 of 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‘ othetwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding _. 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 Contractor 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 Manager, the Manager shall determine the ‘final payment of the contract. . 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 Contractor 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 Contractor shall be paid for work performed to the termination date; ~ however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 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 Contractor 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 rev. 8/26/96 5 both parties. The'City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (1 0) 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 dikcted solution to the probfem. 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 Ci 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 Ci, 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 false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Cartsbad 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 rev. 8/26/96 6 0 0 improvement for a period of up to five years. The Contractor acknowledges debarment as to the result to be accompiished, but shall consult with the City as provided for in the - request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or his/her 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 rev. 8/26/96 0 0 -. 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. 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, verijring 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: federaf, state and local. Contractor shall provide all The City will provide copies of the approved plans to 'any other agencies. rev. 8/26/96 e create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall, bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract in question approved in writing by .. the City. . 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 .. assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST .. The City has determined, using the guidelines of the Political Reform Act and the City's conflict of interest code, that the Contractor will not be required to file a conflict of . insurance as stated in Resolution No. 91-403. A. Coverages and Limits. rev. 8/26/96 3-l e .I B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation and Professional Liability. .. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. any sums due the Contractor under this agreement. .. Q 0 7. RESPONSIBLE PARTIES The name o the foregoing are as follows: For City: Title City Engineer Name Lloyd B. Hubbs, P.E. Address 2075 Las Palms Drive Carisbad, CA 92009-1 576 For Contractor: Title Name Address VICE PRESIDENT LEWIS W. GARBER 1100 TOWN i$ COUNTRY RD., SUITE 300 ORANGE, CA 92868 R.C.E. License Number: R.C.E. License Number: 16150 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 14 rev. 8/26/96 (Proper notarial acknowledgment of execution by Contractormust be attached.) : (President or viw-president and secretary or assistant secrstary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary Under corpOW8 Seal empOwerii'?g that officet b bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL t,,) ,. .'! c &&-sonally known to me - OR - 0 proved to me on the basis of satisfactory evidence .. ....$ to be the person"whose name@ - is/- subscribed to the within instrument aiid ac- knowledged to me that he/st&bey executed the same in Ris/l+&#iw% authorized capacitw and that by his/he&b& signature@ on the instrument the person(& or the entity upon behalf of which the person(sj acted, executed the instrument. WITNESS my hand and official seal. -. CL. /3 SIGNATJRE OF NOTARY 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 0 INDIVIDUAL TITLE OR TYPE OF DOCUMENT PARTNER(S) 0 LIMITED 0 AlTORNEY-IN-FACT NUMBER OF PAGES c] TRUSTEE(S) 0 GUARDIAWCONSERVATOR [7 OTHER: GENERAL DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEFISON(S) OR EMW(IES) SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT -A" FOR CONTRACT ALTERNATtVE NO. 1 Table 1 through Table 3 define the City Plancheck Milestones, the time and requirements of each submission, and the fee allocation per submittal milestone. MILESTONES 30 Percent ! 70 Percent Elapsed Time i 53 calendar days atter 53 calendar days after approval of contract. return of 30 percent dancheck. MILESTONES ' : PLANS j SPECIFICATIONS 1 NOTE: : 1. Green Book format used i throughout document j for each milestone. ; 2. Use MS Word format i throughout. :. OPINION OF COST Improvement plans . Improvement plw showing that the showing all proposed most important improvements , 1 ,. induding . utiro, elements of design are worked out in relocations. some detail. 12 copies First rowh draft of entire set of Soedal Provisions. 12 copies None I 12copies I i DETAILED OPINION OF i ; NOTE: ' Use Excel format. I i' I None I ! Accuracy .c10 Scale mans I i 1 I f I Prepare Spec. i t10.940.00 i 0% $0 ! 55% i $6,017.00 Prepare Cost I $5.270.00 I 0% 1 $0 I 55% t 52.898.50 Est. I 1 I I I I Right-of-way I St6.360.00 I 30% j $4,908.00 I 40% 1 $6.544.00 i Documents I I 1 I 530.700.00 j 40% 1 I CMWO Work 1 $12.280.00 j 30% S9.210.00 I Envtronrneot I t8.000.00 I 75% 1 $6.000.00 I 25% i S2.000.00 Field Surveys/ . 531,545.00 1 100% i $31.545.00 I % f Done ! j Potholing I 1 i I I i Geotech. i 27,627.00 1 100% I $7.627.00 ! 0% i Oane i Direct Costs j $4.750.00 f 30% I 51.425.00 30% 51.425.00 : TOTAL FEE 1 $233342.00 I 47.59% i $1t1,045.00 I 27.23% i $63.539.50 I 90 Percent 100 Percent 24 calendar days after j 18 calendar days after raturn of 70 percent return of 90 percent plarecheck. I plancheck. 90 Percent ! 100 Percent Full bid-ready plans i Photo or ink on with corrections and 1 mylar ready for . plan-check set 2. City Engineer ! signature and 3.6' ! . disks in AutoCAD i V. 14. . i 12 copies i 8 copies Final draft of entire set : Bid-ready text of j of Soecial Provisions. i the following: Same as 100 per- 1 . MS Word disk. ! : cent except MS i Special Provisions Word disk. to Standard i Specifications for i Public Works i Construnion. 1 Standard ! ! Reference Drawings andlor i utim Company i i Drawings. 12 copies :* 12 copies COST FtNAL OPINION OF : SAME AS 90 PER- ! Drafting Bid Set 11) Excel disk. i i Format. ! Accuracy f 10 i ! percent i I 12 copies : I 90 Percent 100 Percent ' 1 I' 20% $23.630.00 10% S11.815.OOO 35% ! $3.829.00 i 10% $1,094.00 35% $527.00 20% '1 $3.272.00 ] 10% $1.636.00 I $1*8*4.50 1 10% 20% i $6.140.00 I 10% $3.070.00 I 20% $950.00 1 20% $950.00 i e EXHIBIT '8" FOR Design Services SECTION 2 SCOPE OF SERVICES The following scope of services represents our understanding of the specific tasks required for the preparation of plans, specifications and engineer's estimate for: 1. 2. Palomar Airport Road. The widening of the south side of Palomar Airport Road from El Camino Real to El Fuerte. The purpose of this widening is to accommodate an additional east bound lane and an additional left turn lane at El Fuerte (Please refer to figure 1). The roadbed grading for these improvements was completed under the City of Caitsbad drawings 314-3 Project No. 3341. El Camino Real. Create a new deceleration lane approximately 300 feet in length improved to prime arterial standards on the east side of El Camino Real south of the intersection with the access road to the Coast Waste Management Facility. (An Alternative No. 1 is also considered to widen the east side of Ei Camino Real from' Palomar Airport Road to the access road. This alternative will also require a traffic signal modification pfan at Palomar Airport Road to , accommodate a free right turn.) 3. Coast Waste Management Access Road. Improve the access road from approximately 300 feet east of El Camino Reaf to the intersection of Faraday Avenue and Orion Street (a distance of approximately 1,800 feet) to forty (40) feet of pavement, industrial sections with asphalt berms. The vertical alignment near the intersection of Faraday Drive and Orion Street will be analyzed and adjusted to obtain adequate sight distance. The right-of-way for this access mad will initially be 48 feet wide; however, an ultimate industrial right-of-way width of 72 feet will be considered in the design. 4. Faraday DriveEi Camino Reaf Intersection. Modify intersection to provide two left turn lanes westbound from Faraday Drive to southbound El Camino Real, one through lane and one right turn lane with an appropriate median. 5. Environmental Sewices - Provide Environmental Services, including Reconnaissance and Preparation of a Negative Declaration. SERVtCES PROVIDED BY P&DJCTE Phase 1.0 Conceptual Alignment Studies Task 1.1 REVIEW OF EXfSTlNG INFORMATION Obtain and review all existing planning, design and record information pertinent to the project. This information will include the right-of-way drawings, maps, improvement plans, drainage report, traffk studies and pertinent utility as-built records. The utilities will be potholed at 30 specific locations. This task will also inctude three field visits. City of Carlsbad P&D/CTE Engineers, Inc. 3. Task e En d) neering Design Services 1.2 FIELD SURVEYS ~ City of Cadsbad PbD/CTE Engineers, Inc. 6 En n eering Design Services Task 1.3 PRELIMINARY ALIGNMENT Prepare an alignment schematic plan based upon the above acquired data. Meet with client and water district to receive comments before preparation of the improvement plans. Phase 2.0 Task 2.1 FINAL ENGINEERING SERVICES .. .. .. e. We propose to explore the subsurface conditions along Access Road and the east side of El Camino Real with 5 small diameter borings to 10 feet below existing grade or sampler refusal, whichever is lower. A Kleinfelder staff wiil maintain a iog of the soils encountered and obtain sampies for visual classification and laboratory testing. City of Carisbad PLD/ClE Engineem, inc. En dAl eering Design Seyices f. Task 2.2 IMPROVEMENT PIAN PACKAGE Scope of Services will produce the following: 1. One title sheet. 2. Approximately two detail sheets. A. Palornar Airport Road 1. Approximately five or six pian and profile sheets at 1"=40' scale to construct the additional eastbound lane and transitions and an additional left turn lane in the westbound lanes at El Fuerte Avenue. City of Carlsbad Pi%D/CTE Engineers, Inc. 0 eering Design Services .. C. Coast Waste Manarrement Access Road fAmroximateiv 1.900 L.F.) 1. Approximately two or three plan and profile sheets at 1"=40' 2. Approximately two traffic control sheets at 1" = 40'. scale to construct a standard industrial street. D. Faradav DriveIEl Camino Real intersection 1. Approximately one plan and profile sheet at 1 "=20 scale to construct new improvements on Faraday Drive to accommodate additional lanes as referenced above. 2. Approximately one trafic control plan at 1"=20' scale. 3. Approximately two traffic signal modification pians which will include showing the location of proposed tramc signal equipment, general details, utility location, signing and striping at El Camino Real. accommodate new street improvements. 4. Landscaping plans for the ultimate buildout to Task 2.3 DRAINAGE REPORT This report will address the impacts of the proposed widening of Palomar Airport Road and El Camino Real and the realignment and widening of the Coast Waste Management Access Road on the existing drainage flow. The analysis will incorporate the drainage report dated October 19, 1991 as prepared by P&D/CTE Engineers. Task 2.4 ENGINEER'S ESTIMATE Using City-furnished cost-estimating guideiines, P&D/CTE will develop quanttty .surveys and prepare cost estimates for property acquisition, design, surveying, construction management and construction of projects. City of Carlsbad P&D/CTE Engineers, Inc. Eaeering Design Services Provide a detailed schedule in 'Microsoft Project" of work to be performed. Task 2.9 .PROJECT MEETINGS 1. Meet and Coordinate with all City and County departments as necessary. 2. Meet and coordinate with ail utility, pipeline and other affected companies, public and private as necessary. The above Scope of Services assumes that the following will be provided by the City: 1. As-built plans of existing traffic signal and street improvements as researched and requested by Consultant; 2. One (1) copy of latest City 'Boiferplate" technical specifications in Word 6.0. City of Cadsbad P&D/CTE Engineers. Inc. .. 0 €n&ering Design Services 3. One (1) copy, on disk, of the City Title Sheets in AutoCAD Version 14. 4. All available existing street and utility plans. 5. Expeditious review of plans in conformance with design schedule. 6. One (1) copy, on disk, of current City 2-foot intewal topography covering the project limits (for, drainage report). 7. Other pertinent information that may be available in City records. It is further understood that City forces will be responsibfe for bidding and construction services in connection with this project. ..