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HomeMy WebLinkAbout2000-03-21; City Council; Resolution 2000-91r.. .-.-I 1 w m 2 3 4 5 RESOLUTION NO. 2000-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH DANIEL, MANN, JOHNSON & MENDENHALL FOR BRIDGE PLAN DESIGN CHECK FOR THE POINSETTIA LANE BRIDGE WIDENING PROJECT, PROJECT NO. 3551. WHEREAS, the Engineering Department requested Statements of Qualifications 6 I I provide professional engineering services for preliminary engineering, environmental studies , 7 11 preparation of plans, specifications and cost estimates from twenty-two private firms intereste 8 providing engineering services for the Poinsettia Lane Bridge Widening, Project No. 3551, 9 received responses from seven firms and after review of the proposals, staff is recommenc 10 check based on their experience and expertise on similar types of project; and 11 Daniel, Mann, Johnson & Mendenhall as the best remaining qualified firm for bridge plan de: 12 WHEREAS, the City Council of the City of Carlsbad, California, has determi 13 it necessary and in the public interest to approve and accept an agreement with Daniel, Mz Johnson & Mendenhall for professional engineering services for bridge plan design check; an( WHEREAS, total project cost estimated for the bridge plan design check service 14 15 $44,901 ; and 16 WHEREAS, funds in the amount of $2,405,000, including $2 million for the bri widening, $30,000 for the sewer line and $375,000 for the water line, have been previo -I8 available for this project; and 19 appropriated for the Poinsettia Lane Bridge Widening Project and there are sufficient fL 17 20 WHEREAS, on January 5, 2000, the Planning Commission adopted Plan1 21 Planning Director, and Planning Commission Resolution No. 4716 approving Co: 22 Commission Resolution No. 4715 approving the Mitigated Negative Declaration issued by 23 24 25 26 27 28 Development 111 Ill Ill Ill Ill Ill Permit 99-30 for the Poinsettia Lane Bridge Widening Project. e - -( w W 1 NOW, THEREFORE, BE IT RESOLVED .by the City Council of the City of Carlst 2 3 California, as follows: 1. That the above recitations are true and correct. 2. That the agreement with Daniel, Mann, Johnson & Mendenhall to pro\ engineering services for brildge plan design check for the Poinsettia Lane Bridge Wider Project, a copy of which is attached as Exhibit 6, is hereby approved. 4 5 6 3. That the Mayor is hereby authorized to execute the proposed agreement engineering services with Daniel, Mann, Johnson & Mendenhall for bridge plan design check. 7 8 9 PASSED, APPROVE13 AND ADOPTED at a regular meeting of the Carlsbad City COL 10 held on the 21 st day of March , 2000 by the following vote, to wit: 11 AYES: Council Members Lewis, Hall, Nygaard and Kulchin 12 NOES: ABSENT: 13 14 CLAUDE A. LEWIS, 15 I' 1 I ATTEST: 17 18 19 20 21 22 23 24 25 26 27 28 d&h. :w LOXRAINE M. WOOD, City (Clerk (SEAL) ll i w w - c it:; 0 -0 - - March 30,2000 Daniel, Mu, Johnson & Mendenhall Attn: Tom Bogard, Vice President 3250 Wilshire Boulevard Los Angeles, CA 90010 RE: AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES At the meeting of March 21,2000; the Carlsbad City Council adopted Resolution No. 2000-91 , approving the above referenced agreement. Enclosed for your records is a copy of Resolution No. 2000-9 1 and a hlly executed agreement for your files. If you have questions concerning the contract, please contact Lloyd Hubbs, Public Works Director, at 602-2730. Sincerely, P0-e-L L4LL.i Dee Ulrich Office of the Carlsbad City Clerk Enclosures (2) 1200 Carlsbad Village Drivie - Carlsbad, CA 92008-1 989 0 (760) 434-2808 * i w w AGREEMENT FOR PROFESSIONAL ENGdNEERING SERVICES WITH DANIEL, MIANN, JOHNSON & MENDENHALL 6 THIS AGREEMENT is made and entered into as of the 37 day of ,20E,, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as YXy", and Daniel, Mann, Johnson & Mendenhall, a California corporation, hereinafter referred to as "Contractor." RECITALS City requires the services of an engineering Contractor to provide the necessary consulting engineering services for preparation of review of plans, specifications and estimates; 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. CONTRACTOFP'S OBLIGATIONS See attached Exhibit "A". 2. CITY OBLIGATIONS The City shall provide: a. Two (2) sets of bluetines of plans including bridge plans and specifications. b. Two (2) copies of soils reports. c. One (1) blueline copy of 100-scale site top0 map. d. Two (2) copies hydrology reports. rev. 12/28/99 -1 - i w W e. Cost estimates. f. Copy of applicab1:e City codes and standards. g. Copy of grading plans and other pertinent documents for improvements adjacent to the project. 3. PROGRESS AND COMIPLETION 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 eighty (180) calendar days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Public Works Director. The Public Works Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable folr the services to be performed shall be $44,901. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph E;, "Changes in Work." The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 5. DURATION OF CONTRACT This agreement shall extend for a period of two (2) years from date thereof. The contract may be extended by the City Manager for two (2) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City's rev. 12/28/99 -2 - 1, w W 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 ten (IO) days of completion and approval of the final plans, specifications and estimate, the Contractor shall deliver to the City the following items: a. Redline markups; of roadway typical sections, layouts, profiles and bridge plans. b. List of written comments on plans, specifications, and estimates submitted at each milestone. 8. CHANGES IN WORK If, in the course of the [contract, changes seem merited by the Contractor or the City, and informal consultaticms 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 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. 12/28/99 -3 - I W W 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, cornmission, percentage, brokerage fee, gifl, 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 otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Public Works Director. The Public Works Director 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 andl 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. -4 - rev. 12/28/99 w m This agreement may b'e 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. CLAIMS AND LAWSUI'E 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 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 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 rev. 4 2/28/99 -5 - W m by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. &&z&! (initial) -+!I&- The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32028 pertaining to false claims are incorporated herein by reference. 42% (initial) q-6, In1 ial) 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's own way as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of th13 City. Contractor shall be under control of the City only as to the result to be accomplished, 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 its employees or subcontractors. The City shall not be required to pay ;any workers' compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemlnify the City within 30 days for any tax, retirement rev. 12/28/99 -6 - * W I) 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. 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 eliigibility 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. The City will provide copies of the approved plans to any other agencies. 16. 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. Contractor shall have the right to make one (I) copy of the plans for its records. rev. 12/28/99 -7 - w e 17. REPRODUCTION RIG143 The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 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. 19. ASSIGNMENT OF CONITRACT The Contractor 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 Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor':; subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a rev. 12/28/99 -8 - w W 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 INTERESX 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 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 provisia'ns 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. 12/28/99 -9 - w w 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 interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise olut of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lswer amount is approved by the City Attorney or City Manager: I. 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 rev. 12/28/99 -10 - w w 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. 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. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall 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. -21 - rev. 12/28/99 w w 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. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title Public Works Director Name Lloyd 6. Hubbs Address 1635 Faraday Avenue Carlsbad. CA 92008 For Contractor: Title Vice President Name Tom Bogard Address 3250 Wilshire Boulevard Los Anaeles. CA 9001 0 Y 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the rev. 12/28/99 -12 - w e subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged' except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this q day of M ql/CG. + ,20 030 . /a CONTRACTOR: CITY OF C ,, LSBAD, DANIEL, MENDENMLL MANN, JOHNSON AND i"t;, /F/fp *;fl / /f/ corpor b ,.df th )St gf at' rnia aiqJ/y IU I BY. -T&W*a: ( gn here) By: omayor &LE Le &ST&, &e 'P%e ATTEST: Pd :. . ' Ah" D~LYX ~;IA ~aIyzbck: Sewehu LOFiRAlNE M. WOOD (print namehitle) I * <it y Clerk. (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD . BALL, City Attorney f ,. BY: 1); /33" Dep ty City Attorney rev. 12/28/99 -13 - w m CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LS Ptn<+ personally appeared @personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name@) %are subscribed to the within instrument and acknowledged to me that bktpfthey executed the same in h@/jtbr/their authorized capacity(ies), and that by Igdberltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above - Though the information below is noi.’ required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Document Date: h]h fi e Attorney in Fact 0 Guardian or Conservator Signer Is Representing: &) b#, T-h- P he:&&&& 0 1997 National Notary Association * 9350 De Soto Ave.. P.0 Box 2402 * Chatworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Fr& 1-800-876-6827 7 w 6 EXHIBIT "A" SCOPE OF WORK A. This review for bridge shall consist of: 1. Make a complete check of the geometric layout. Scaling is acceptable for simple structures (falsework clearance and space required for construction operations are part of the layout check). 2. Make a general ireview of the plans for any obvious omissions, conflicts, or incompatible structural framing or details. 3. Check the typical section. 4. Check the girder layout for variable girder spacing, slab thickness, and agreement with the typical section. No structural design check should be started until items 1 through 4 are completed and any differences are resolved with the Designer. Consult with the Project Designer if necessary. If revisions are necessary, the Designer should revise the design and details before the Checker proceeds. The check of a design may be done using the checked details of a similar structure. The structure used for comparison must have been designed using Load Factor Design. 5. Superstructure a. Prestressed - check the prestressing path low and high points and check for possible conflicts with column bars and/or cap steel, P, f c, tension in concrete, total amount of ultimate moment reinforcement required, stirrups near the supports, and camber diagram. b. Reinforced Concrete - Check the total amount of moment reinforcement at bents and near midspan. Review the bar cut-offs to the extent that they look reasonable by comparison with the spans, but do not check individual bar cut-offs. Check stirrups near supports and "spot-check" the remainder. Check "fitup" for all hinge details (i.e., pads, keys, restrainers, reinforcement, joint seal assemblies, and skew details). For bent caps, check main reinforcement and stirrups simialr to superstructure girders. rev. 12/28/99 -14 - w e 6. Substructure a. Bent and Abutment Footings - check size of footing for bearing pressure c)r number of piles, and footing reinforcement. b. Pile Shafts - check depth, main reinforcement and spirals. c. Columns check main reinforcement and spirals. d. Abutments - review longitudinal and transverse keys for reasonableness, and check bearing pad size. 7. Review all plan details with an "overview perspective" to verify that the details are complete, reasonable, structurally sound, and constructible. p Check moment connection to verify details are adequate to resist moments resulting from various loading conditions. Confirm that there are sufficient details shown for modifying existing structures and joining new structure to existiing structures for widenings. 8. Check for construction sequence. 9. Check all notes and corner details. IO. Check soils enginleering and seismic report for the following: a. Description of the general geology of the site. b. A site plan showing the exact location of all borings taken. c. Standard boring logs including blow counts, soil classification, mechanical analysis and water table elevation. d. Depth to "'rock-like" material and type of such material at each boring. e. Borings shall be taken at the assumed location of each abutment and pier. f. Allowable bearing capacities and foundation pressures. g. Recommended pier and abutment foundations. h. Seismic data including nearest active fault, bedrock acceleration, rev. 42/28/99 period and duration of motion, potential for liquification. -15 - .I 0 a 1. Maximum credible rock acceleration (from Greensfelder, R. (1973) California Division of Mines and Geology Special Report MS-23, Modified October, 1974 - Caltrans). j. The magnitude of the maximum credible seismic event. k. Required structural section of the roadway using R-value method. 1. A Log of lest Boring sheet included as part of the foundation report and as part of the structure plans. 11. Plans shall reference San Diego Area Regional Standard Drawings, City of Carlsbad Standards and/or Caltrans Standard Drawings by plan and/or profile representations with the appropriate drawing number. B. Review revisions to the plans, calculations or geotechnical investigations to assure compliance with ,the initial plan review comments. REPORT A. Prepare a written report for each bridge on the findings of your plan review relative to the items Meld in section 111. Provide written certification that the plans are complete and accu,rate, and are in conformance with the applicable City Codes, Standards, that tihey are consistent with any grading plans, and any other adjacent improvement documents filed at the City. The report should be signed and sealed by a registe'red structural engineer competent in the field of bridge design. 6. Clearly identify any design deficiencies. C. Make recommendations Ion improving any aspect of the design, plan preparation or geotechnical investigation which you feel necessary or that would enhance the performance of the design or constructibility of the project. rev. 12/28/99 -16 -