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HomeMy WebLinkAbout1981-05-05; City Council; 6584; Tamarack Ave Widening - Consultant AgreementW LCD:mmt CITY OF CARLSBAD AGENDA BILL NO. 5 rli DATE : May 5, 1981 Initial : P Dept. Head C. Atty '\rK DEPARTMENT : Engineering C. Mgr.g. SUBJECT: CONSULTANT AGREEMENT FOR TAMARACK AVENUE WIDENING STATEMENT OF THE MATTER The Engineering Staff requested proposals for preparattlon of Plans and Specifications for the design of Tamarack Avenue widening (between Carlsbad Boulevard and Highland Avenue), in March. The following consulting firms responded to the request for proposals. timely and complete job done, the consultants were ranked as follows: After considering the qualifications, background and ability to get a 1. Greer E Company 2. Mohl, Perry and Associates 3. CG Engineering Company 4. Becryman & Stephenson 5. CH2M Hill 6. Don Greek and Associates i Negotiations between Greer 4 Company broke down as to fee. Mohl, Perry and Associates was ultimately reached. The agreement with FISCAL IMPACT This design was funded under the cur proposed $50,000 fee is within the 1 ENVIRONMENTAL STATEMENT The Planning Department is currently , ent cap mits or process tal improvement program and the ginally approved. ng the environmental clearances for this project. able for this work. The preliminary engineering portion of this project will be avail- RECOMMENDATION That Council approve the agreement and authorize the Mayor to execute on behalf of the City. EXHIBITS 1. Agreement 2. Resolution N~.b.?relL, approving agreement between the City and Mohl, Perry and Associates for the design of Tamarack Avenue widening. 5-5-81 Council adopted Resolution No. 6511 approving agreemmt with Mohl Perry 6 Associates for the design of Tamarack Avenue widening. 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6511 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND MOHL, PERRY AND ASSOCIATES FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DESIGN OF WIDENING TAMARACK AVENUE BETWEEN CARLSBAD BOULEVARD AND HIGHLAND AVENUE The City Council of the City of Carlsbad, California, LJes hereby resolve as follows: 1. That certain agreement between the City of Carls.bad and Mohl, Perry and Associates for preparation of Plans and Specifications for the design for widening Tamarack Avenue, between Carlsbad Boulevard and High- land Avenue, a copy of which is attached hereto and incorporated herein by reference, 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 5th day of May , 1981, by the following vote, to wit: AYES: Council Menhers Packard, Casler, hear, LRJis and Kulchin NOES: None ABSENT: None ATTEST : K RONALD C. PACKARD, Mayor I (SEAL) 1 i 1 2 3 4 5 6 7 .e 9 IC 11 1% 12 14 15 l€ 19 l€ 1s 2c 21 22 2: 24 2: 2e 27 2E AGREEMENT FOR CONSULTANT SERVICES FOR DESIGN OF TAMARACK AVENUE FROM CARLSBAD BOULEVARD TO HIGHLAND DRIVE THIS AGREEMENT, made and entered into as of the day of )n , 19&, by and between the CITY OF CARLSBAD, a municipal corpora- tion, hereinafter referred to as "City", and Mohle, Perry and Associates, a consulting firm, hereinafter referred to as "Consultant". WITNESSETH: WHEREAS, the City requires the services of an engineering con- sulting firm to provide the necessary engineering services for design of Tamarack Avenue from Carlsbad Boulevard to Highland Drive; and WHEREAS, Consultant possesses the necessary skills and qual ifi- cations to provide the services required by the City; NOW, THEREFORE, the parties hereunto agree as follows: ARTICLE I: SCOPE OF CONSULTANT SERVICES The complete redesign and upgrading of Tamarack Avenue from Carlsbad Boulevard to Highland Drive is the basis of the scope of work for this project. and Consultant, the total design package will include first a preliminary design package and then a final design package. In order to assure maximum beneficial interaction between the City The preliminary design package shall consist of: All survey work necessary to obtain precise and clear location of all A. street facilities and rights-of-way and adjacent affected facilities. vey work shall be submitted to the City for a permanent record. tin points shall be provided to fix control lines in the field. Utility research and tentative disposition or relocations of each item. A preliminary layout of any alternatives proposed. Sur- Spike and B. C. D. Outline of potential design alternatives with cost data. The prel iminary package will be reviewed and approved by the City Engineer. & 1 2 3 4 5 6 7 E 5 1c 11 li 12 14 1: 1Q 17 1€ 1s 2( 21 2: 2: 24 2[ 2c 2'; 21 \. 3. a. I. then the preliminary design package is approved, a "Notice to Proceed" will be issued to begin with the final design package. The final design package will include a complete set of repro- iucible plans. Irawings are to be neat, legible and technically complete with dimensions to ill installations. The type, quality and quantity of all materials required ;hall be clearly indicated. frawi ngs : No separate payment will be made for reproductive services. The following items shall appear on the final Complete quantity, structural and hydraulic calculations necessary for the design of the proposed storm drain or structural facilities. A complete set of reproducible plans on mylar or linen base (ten blank mylars or linens will be provided by the City at no charge). Plans and specifications shall be certified as to correctness and signed by a registered civil engineer and/or structural engineer, and R.C.E. number provided. The following items should appear on the final drawings (this list is indicative, not exhaustive) : 1. 2. 3. 4. 5. A plan and profile of the street reconstruction work. shall be shown on the drawings with dimensions. Interfering utilities shall be shown with current ownership and pro- posed disposition. Final striping geornetrics shall be provided. Where structural items are to be used, a structural steel schedule shall be provided with dimensions and quantities of all steel required. Modifications required to signals, railroad and street lighting systems. Consultant shall meet with the Railroad and discuss plans for the grade crossing. contract. Property lines The design of a grade separation is not a part of this -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. F. G. H. I. 3. K. 6. Aerial photos may be used, but contouring is not required. The design drawing shall not be placed on top of any aerial used. Signature block for the City Engineer. 7. 8. Legal descriptions and plats of all parcels to be acquired. The legal and plat shall be in a form that can be placed in an easement or grant deed. Specifications shall be provided in conformance with City Standards and requirements. Recent specifications will be available upon request for guidance. Any necessary provisions for staged construction, including traffic control shall be provided. Final detailed construction cost estimate. Fifty copies of plans and specifications for publication after final approvals. All plans and specifications and submitted items shall be developed in a form satisfactory to the City. Certification by a soils engineer shall be provided for the stability of structures and pavements against failure. R-values and street section design shall be provided at not more than 1000-foot intervals. Records of contacts made with CalTrans and the railroad concerning the grade crossing and incorporation of recommendations into plans. ARTICLE I I : PROGRESS AND COMPLETION The work under this contract will begin within 15 days after The preliminary package will The final design package will receipt of notification to proceed by the City. be submitted within three months of that date. be submitted within five months of Notice to Proceed after approval of pre- liminary package. Consultant and agreed to in writing by the City Engineer. Extensions of time may be granted if requested by the In consideration -3- 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 20 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. ARTICLE 111: FEES TO BE PAID TO CONSULTANT The lump sum fee payable in installments according to Article IV shall be $50,000.00. No other compensation for services will be allowed ex- cept those items covered by supplemental agreements per Article VI, Changes in Work. ARTICLE IV: PAYMENT OF FEES The Consultant shall be entitled to a 27% lump sum fee at the time of approval of the preliminary design package. may submit evidence in the form of draft plans, specifications, and other docu- ments as evidence of progress of work for an incremental progress payment of 50% of the lump sum fee (up to a total of 77% of the lump sum fee with the preliminary design package) prior to submission of final design package. approval of the final design package, an additional 18% will be paid (for a total of 95% of the lump sum fee). completion of the construction of the project but no later than one year from the date of 95% completion if all work HAS BEEN APPROVED by the City Engineer. ARTICLE V: FINAL SUBMISS IONS Thereafter, Consultant Upon The remaining 5% shall be paid at the Within 15 days of completion and approval of the final design package, the Consultant shall deliver to the City the following items: 1. Fifty copies of the plans and specifications in a form suitably bound and on white paper. A reduced set of drawings shall be bound into each set of specifications. 2. Original mylars at scale of the drawings reproducible on standard 24" by 36" sheets. -4- 1 2 3 4 5 6 7 a 9 10 11 12 12 14 15 1E 17 1E 1s 2c 21 2: 2: 24 2f 2E 2'; 2E h 3. lRTICLE VI: CHANGES IN WORK A1 1 final engineering certifications and documents. If, in the course of-this contract and design, changes seem nerited by the Consultant or from the City and informal consultations with the 3ther party indicate that a change in the conditions of the contract is war- ranted, the Consultant or the City may request a change in contract. Zhanges shall be processed by the City in the following manner: lining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, 9 supplemental agreement shall be prepared by the City and approved by the City Such A letter out- Eouncil. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the :onsultant or City shall be ordered by the City Engineer who will inform a prin- Zipal of the Consultant's firm of the necessity of such action and follow up Mith a supplemental agreement covering such work. 4RTICLE VII: DESIGN STANDARDS The Consultant shall prepare the plans and specifications in accordance with the design standards of the City of Carl sbad and recognized current design practices. Applicable City of Carl sbad standards and regional standards shall be used where appropriate. obtained from the City of Carlsbad or County of San Diego. ARTICLE VI I1 : Copies of such standards shall be COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he/she has not employed or retained any company or person, other than a hona fide employee working for the Con- sultant, to solicit or secure this aqreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, comnission, percentage, brokerage fee, gift, or any other consideration -5- . 1 2 3 4 *8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 contingent upon, or resulting from, the award or makinq this agreement. For breach or violation of this warranty, the City shall have the riqht to annul this agreement without liability, or, in its discretion, to deduct from the aareement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE IX: NONDISCRIMINATION CLAUSE The Consultant shall comply with the nondiscrimination pro- visions of the State and Local Fiscal Assistance Act of 1972. The Consultant shall certify to his/her compliance by executing the attached "Certificate of Compl i ance. It ARTICLE X: TERM1 NATI ON OF CONTRACT If the City fails to give notice to proceed with the final design package, the contract will terminate unless a letter is on file signed by the Consultant and the City Engineer authorizing extension. Consultant's failure to prosecute, deliver, or perfom the work as provided for in this contract, the City may terminate this contract for non-performance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, owned by the City and all work in progress to the City Engineer. Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in havinq the contract completed. Based upon In the event of the thereupon, has five working days to deliver said documents The City City Council, the Council shall determine the compliance with the Code of Federal Regulations. that finding, as reported to the final payment of the contract in ARTICLE XI : DISPUTES If a dispute shou d arise reqardinq the performance of work under this aqreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between -6- rc -\ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be re- duced to writing by the principal of the Consultant or the City Engineer. 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 letter along with a recommended method of resolution within ten days. the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolu- tion through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to A The City Engineer or principal receivinq the letter shall reply to If In such cases, the action of them at law. ARTICLE XII: RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render a professional service only and any payments made to Consultant are compensation solely for such services Consultant may render and recommendations Consultant may make in the course of this project. and sign with R.C.E. number all plans, specifications and estimates furnished. ARTICLE XIII: Consultant shall certify as to the correctness of all designs SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering In the event of such suspension or 30 days written notice to the other party. 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. for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. In the event of termination, the Consultant shall be paid The City shall make the final determination as -7- 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 to the portions of tasks completed and the compensation to be made in compliance with the Code of Federal Regulations. ARTICLE XIV: 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 of Consul- tant's independent calling, and not as an employee of the City. shall be under control of the City only as to the results to be accomp ished and the personnel assigned to the project but shall consult with the C ty as provided for in the request for proposal. ARTICLE XV: Consu tant CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law, whether Federal, State or local. Consultant shall provide the necessary copies of such project drawings and specifications, together with all necessary supporting documents, to be filed with any agencies whose approval is necessary. ARTICLE XVI: OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifica- tions 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 de- livered forthwith to the City. ARTICLE XVII: 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, proper- ties, 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 Consultant or Consultant's agents, employees or representatives. Consultant agrees to defend, indemnify and save free and -8- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 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. 4RTICLE XVIII: 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. ARTICLE XIX: SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract 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 and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifi- cally noted to the contrary in the subcontract in question approved in writing by the City. ARTICLE XX: 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. -9- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 If 19 2c 21 22 22 24 25 26 27 28 Vo 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 on with the nterested any executive, supervisory, or other similar functions in connect performance of this contract shall become directly or indirectly personally in this contract or any part thereof. ARTICLE XXI: 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 agreement. ARTICLE XXII: SUCCESSORS OR ASSIGNS Subject to the provisions of Article XVII, 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. ARTICLE XXIII: EFFECTIVE DATE This contract shall be effective on and from the day and year first above written. ARTICLE XXIV: CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the City Clerk of the City of Carlsbad. in real property and interest in any business holding real property in the City of Carl sbad. ARTICLE XXV: COST REPORTING The Consultant shall report interest Any documentation or written report shall contain in a separate section the numbers and dollars amount of all contracts and subcontracts relating to the preparation of the document or report unless less than $5,000. -10- 1 2 3 4 5 6 7 .a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 IN WETNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD ATTEST: APPROVED'AS TO FORM: \ \ \ -11-